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Home My WebLink AboutCC November 2, 1999 ~j CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 gular City Council Meeting - Tuesday, November 2, 1999 agenda Call to Order - 8:01 PM Resident Forum Agenda Approval Consent Agenda Approval of Minutes Bookmark Name minutes Discussion Items 1. Assessment Hearing/Certify Delinquent Utility Bills certify 2. Amend Ordinance No. 109/Snowmobiling ordl09 3. Deny Special Use Permit/Cell Tower Antenna/32xx South Coon Creek Drive/US West Wirelessuswest 4. Approve Variance/Side Yard Setback Encroachment/2551 - 136th Avenue NW/Stinson stinson 5. DiscussTraffic Studyll39th Avenue NW & Marigold S1. NW study139 6. Discuss Traffic Study/157th Avenue NW & University Avenue NW study157 7. Discuss Reimbursement Requestl752 - 140th Lane NW reimburs Staff, Committees, Commissions / "\ 8. Schedule EDA Meeting 'J 9. NMMAlAMM/Choose eda choose Non-Discussion/Consent Items 10. Compensatory Time comptime 11. Approve Special Use PermitlLand Reclamationl27xx South Coon Creek Drive/Borja supborja 12. Approve Special Use PermitlLiquor License/Lot 3, Block 1, Andover Station/116, LLC sup11611c9919 13. Approve Special Use PermitlLiquor Licenses/Lot 2, Block 1, Andover Stationll16, LLC sup116llc9920 14. Approve SUPIReal Estate Sign/Fox Hollowll641 - 155th Avenue NW/Gor-em, LLC sup155th 15. Approve SUPIReal Estate Sign/Fox Hollowll5302 Martin Street NW/Gor-em, LLC supmartin 16. Approve SUP/Construct Garage before Principal Structurell59xx Crosstown Blvd. NW/Cridersupcrider 17. Approve SUPIRelocation of Structure/159xx Crosstown Blvd. NW/Crider supre10cate 18. Receive Assessment Roll/Order Public Hearing/98-32/3512 - 142nd Avenue NW ro1l9832 19. Approve 1999 Carryover Park Capital Improvement Budget parkbudg 20. Accept Trail EasementlShadowbrook 5th Addition shadow5 . 21. Accept Trail EasementILot 7, Block I, Timber River Estates timberri 22. Update of School Zone Speed Study school 23. Approve Change Order # 1 (Compensating)/96-01/Kelsey Round Lake Park co1961 24. Approve Final Paymentl96-01/Kelsey Round Lake Park fpay961 25. Declare Cost/97-26A1Hamilton Square dlr9726a 26. Receive Assessment Roll/Order Public Hearing/97-26A1Hamilton Square ro19726a 27. Approve Adjustment to GIS Range Rider Contract gis Mayor/Council Input , Payment of Claims . ./ Ad" - Journment CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ / DATE: NOVEMBER 2, 1999 AGENDA SECTION ORIGINATING DEPARTMENT Approval of Minutes City Clerk - V ITEM NO. Approval of Minutes The City Council is requested to approve the following minutes: October 12, 1999 Special Meeting Oacobson absent) October19,1999 Regular Meeting ) "- ) '\ j "\ I ./ " ,i CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE November 2.1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Public Hearing Finance Charlene Welu lITEM NO. \ e Assessment Hearing/Certify Delinquent Utility Bills BACKGROUND: The owners of the parcels with delinquent sewer, water and/or street lighting service charges have been notified of the proposed assessment and certification process. The delinquent balance for the proposed assessment totaled $10,386.10 as of October 28, 1999. Notice of the assessment hearing was mailed to affected property owners on October 8,1999. Payments received through October 26 have been applied to the delinquent accounts, reducing the delinquent balance to $10,386.10. An administrative fee equal to 15 percent of the delinquency plus interest of 8 percent is added to each delinquent account. Therefore, the total assessment for delinquent sewer, water and street light services is $12,774.90. REOUEST: The Andover City Council is requested to approve the attached resolution adopting the assessment roll after the Council has met, heard and passed upon all objections for delinquent sewer, water and street lighting service charges. The resolution adopting the assessment roll is attached. '\ \ .I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. -99 A RESOLUTION ADOPTING THE ASSESSMENT ROLL FOR THE CERTIFICATION OF DELINQUENT SEWER, WATER AND/OR STREET LIGHTING SERVICE CHARGES. WHEREAS, pursuant to a proper notice duly given as required by law, the council has met, heard and passed upon all objections to the proposed assessment for the delinquent sewer, water and/or street lighting service charges. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. , ) 2. Such assessment shall be payable in one annual installment on or before the first Monday of January, 2000 and shall bear interest at the rate of 8 percent per year. 3. The owners of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property with interest accrued to the date of payment, to Connexus Energy, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the resolution. Motion by Council member , seconded by Council member City Council of the City of Andover on this 2nd day of November, 1999. and adopted by the CITY OF ANDOVER ATTEST: Victoria V olk - City Clerk lE. McKelvey, Mayor ", / 1999 1 0/28/99 List of Delinquent Utility Bills To Be Assessed to County Auditor \ Amt. Certified j PIN# Service Address Amount Includina 8% 33-32-24-34-0043 2813 133rd Avenue NW 31.50 38.75 32-32-24-43-0062 3487 133rd Lane NW 79.85 98.22 32-32-24-43-0067 3547 133rd Lane NW 40.26 49.52 34-32-24-34-0026 2139134th Avenue NW 72.18 88.78 33-32-24-43-0061 2764 134th Avenue NW 43.50 53.51 34-32-24-43-0044 1923 134th Avenue NW 92.45 113.71 34-32-24-33-0020 2333 135th Avenue NW 163.77 201.44 33-32-24-44-0008 2427135th Avenue NW 102.53 126.11 34-32-24-34-0060 2055 135th Lane NW 124.48 153.11 33-32-24-41-0065 2567 135th Lane NW 15.77 19.40 32-32-24-42-0020 3501135th Lane NW 43.50 53.51 32-32-24-42-0061 3512 135th Lane NW 42.63 52.43 32-32-24-42-0026 3530 136th Lane NW 43.50 53.51 32-32-24-42-0032 3521136th Avenue NW 43.50 53.51 36-32-24-24-0021 445 137th Lane NW 116.85 143.73 34-32-24-24-0077 2158 137th Lane NW 244.60 300.86 34-32-24-23-0050 2246 137th Lane NW 121.65 149.63 36-32-24-14-0022 142 138th Avenue NW 103.65 127.49 33-32-24-13-0052 2720 138th Avenue NW 127.12 156.36 32-32-24-14-0024 3322 138th Lane NW 71.65 88.13 32-32-24-13-0011 3407 138th Lane NW 72.15 88.74 ) 32-32-24-13-0050 3438 138th Court NW 58.76 72.27 32-32-24-13-0039 3445 138th Court NW 79.85 98.22 36-32-24-12-0070 199139th Avenue NW 57.80 71.09 33-32-24-21-0052 2955 139th Avenue NW 25.80 31.73 32-32-24-12-0035 3479139th Avenue NW 88.25 108.55 32-32-24-24-0032 3719139th Avenue NW 410.86 505.36 36-32-24-21-0052 519139th Lane NW 79.68 98.01 36-32-24-21-0027 543 140th Avenue NW 52.27 64.29 2141140th Lane NW 59.65 73.37 33-32-24-12-0027 2718 140th Lane NW 36.75 45.20 33-32-24-12-0027 2718 140th Lane NW 7.35 9.04 33-32-24-12-0027 2718 140th Lane NW 31.50 38.75 32-32-24-12-0006 3503 140th Lane NW 178.84 219.97 32-32-24-12-0006 3503140th Lane NW 104.74 128.83 32-32-24-21-0021 3616 140th Lane NW 179.48 220.76 2925 1415t Avenue NW 31.50 38.75 27-32-24-33-0070 2220 1415t Lane NW 96.93 119.22 27-32-24-33-0032 23261415t Lane NW 79.85 98.22 25-32-24-33-0111 708142nd Avenue NW 12.60 15.50 25-32-24-33-0109 732 142nd Avenue NW 12.60 15.50 29-32-24-43-0088 3441142nd Avenue NW 25.80 31.73 26-32-24-32-0083 1563 143rd Avenue NW 300.76 369.93 26-32-24-32-0037 1469144th Avenue NW 20.94 25.76 ) 26-32-24-42-0072 1153 144th Lane NW 146.85 180.63 27-32-24-32-0072 2206 145th Avenue NW 64.62 79.48 29-32-24-32-0015 3948 145th Avenue NW 137.25 168.82 Page 1 1999 10/28/99 List of Delinquent Utility Bills To Be Assessed to County Auditor ) Amt. Certified PIN # Service Address Amount Includina 8% 30-32-24-14-0054 4141146th Avenue NW 24.20 29.77 26-32-24-23-0013 1541 146th Lane NW 89.06 109.54 26-32-24-21-0014 1386 148th Lane NW 87.55 107.69 22-32-24-34-0063 2130 149th Avenue NW 79.55 97.85 22-32-24-34-0058 2157 149th Avenue NW 57.80 71.09 22-32-24-34-0029 2107 150th Avenue NW 57.80 71.09 22-32-24-34-0013 2049 150th Lane NW 63.43 78.02 22-32-24-34-0003 2181150th Lane NW 55.81 68.65 23-32-24-23-0023 1414 153rd Lane NW 116.34 143.10 23-32-24-23-0023 1414 153rd Lane NW 32.67 40.18 20-32-24-22-0006 3855 155th Avenue NW 10.55 12.98 09-32-24-41-0005 2569 - 168th Lane NW 45.38 55.82 09-32-24-42-0016 2686 - 168th Lane NW 45.38 55.82 09-32-24-42-0015 2762 - 168th Lane NW 45.38 55.82 12-32-25-11-0009 4831171st Avenue NW 10.55 12.98 12-32-25-12-0003 5046 171 st Avenue NW 10.55 12.98 23-32-24-34-0017 15076 Avocet Street NW 26.87 33.05 32-32-24-22-0063 13954 Aztec Street NW 23.55 28.97 32-32-24-22-0062 13964 Aztec Street NW 103.18 126.91 29-32-24-32-0020 14450 Aztec Street NW 45.30 55.72 32-32-24-22-0052 14072 Aztec Street NW 23.26 28.61 f J 16980 Barium Street NW 55.05 67.71 26-32-24-34-0003 14198 Bluebird Street NW 80.52 99.04 26-32-24-31-0027 14359 Bluebird Street NW 430.54 529.56 26-32-24-23-0056 14554 Bluebird Street NW 66.45 81.73 33-32-24-14-0018 2461 Bunker Lake Blvd NW 277.20 340.96 29-32-24-41-0046 3384 S. Coon Creek Drive 84.51 103.95 29-32-24-42-0025 3455 S. Coon Creek Drive 82.25 101.17 15303 Cottonwood Street NW 22.16 27.26 23-32-24-33-0061 15088 Crane Street NW 39.40 48.46 33-32-24-13-0060 13784 Crosstown Drive NW 22.17 27.27 33-32-24-13-0024 13818 Crosstown Drive NW 41.50 51.05 33-32-24-11-0007 14021 Crosstown Blvd NW 59.75 73.49 27-32-24-33-0056 14270 Crosstown Blvd NW 72.80 89.54 27-32-24-31-0008 14351 Crosstown Blvd NW 230.75 283.82 26-32-24-32-0047 14354 Drake Street NW 199.90 245.88 26-32-24-23-0019 14606 Drake Street NW 18.63 22.91 23-32-24-33-0008 14968 Eagle Street NW 56.90 69.99 33-32-24-21-0051 13910 Eidelweiss Street NW 25.80 31.73 30-32-24-41-0016 14447 Eldorado Street NW 86.15 105.96 36-32-24-12-0035 13888 Evergreen Street NW 74.68 91.86 33-32-24-21-0004 13979 Flora Street NW 31.50 38.75 33-32-24-21-0043 13917 Heather Street NW 54.68 67.26 33-32-24-42-0022 13657 Hidden Creek Drive NW 73.67 90.61 , I 27-32-24-14-0081 14540 Ibis Street NW 535.51 658.68 34-32-24-44-0025 13485 Jay Street NW 60.90 74.91 27-32-24-14-0062 14580 Jay Street NW 90.35 111.13 Page 2 1999 1 0/28/99 List of Delinquent Utility Bills To Be Assessed to County Auditor Amt. Certified PIN# Service Address Amount Includina 8% 27-32-24-11-0103 14712 Jay Street NW 19.80 24.35 29-32-24-41-0036 14409 Jonquil Street NW 363.14 446.66 29-32-24-14-0027 14512 Jonquil Street NW 44.31 54.50 32-32-24-41-0045 13662 Marigold Street NW 164.85 202.77 32-32-24-44-0033 13459 Narcissus Street NW 94.69 116.47 13565 Narcissus Street NW 25.80 31.73 17-32-24-14-0009 16177 Narcissus Street NW 46.44 57.12 33-32-24-13-0067 13777 Northwood Drive NW 42.75 52.58 36-32-24-22-0036 14023 Norway Street NW 102.13 125.62 32-32-24-13-0037 13816 Quay Street NW 77.75 95.63 29-32-24-43-0082 14206 Quay Street NW 13.80 16.97 29-32-24-43-0083 14212 Quay Street NW 9.53 11.72 26-32-24-44-0007 14128 Quince Street NW 72.13 88.72 34-32-24-34-0012 13348 Quinn Street NW 98.05 120.60 34-32-24-24-0052 13760 Quinn Street NW 74.91 92.14 29-32-24-43-0076 14220 Rose Street NW 16.47 20.26 29-32-24-43-0078 14240 Rose Street NW 25.80 31.73 15-32-24-32-0039 15911 Swallow Street NW 25.80 31.73 35-32-24-14-0004 13810 Sycamore Street NW 54.38 66.89 35-32-24-13-0020 13777 Vale Street NW 179.25 220.48 26-32-24-42-0036 14435 Vale Street NW 108.85 133.89 ) 29-32-24-31-0125 14328 Vintage Street NW 11.17 13.74 26-32-24-42-0076 14418 Wintergreen Street NW 66.59 81.91 33-32-24-44-0059 13355 Wren Street NW 74.68 91.86 33-32-24-44-0025 13426 Wren Street NW 72.53 89.21 33-32-24-44-0022 13439 Wren Street NW 157.27 193.44 26-32-24-24-0048 14516 Yellow Pine Street 71.00 87.33 23-32-24-31-0051 15165 Yellow Pine Street 223.80 275.27 23-32-24-24-0047 15469 Yellow Pine Street 97.53 119.96 29-32-24-32-0025 14490 Yucca Street NW 80.90 99.51 26-32-24-31-0049 14263 Zilla Street NW 23.20 28.54 26-32-24-31-0039 14302 Zilla Street NW 100.29 123.36 TOTALS 10,386.10 12,774.90 , / Page 3 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " ) DATE: November 2. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. Amend Ordinance No. 109/Snowmobiling do Request The City Council is asked to review and approve an amendment to Ordinance No. 109 (An Ordinance Adopting Regulations for the Operation of Snowmobiles within the City) that would prohibit or ban snowmobiling south of 161st Avenue NW in the City. See attached map which designates prohibited and permitted areas for the operation of snowmobiles within the City. Please review the amendment and comment. Planninl! and Zoninl! Commission Recommendation " The Planning and Zoning Commission at their 9/28/99 meeting recommends to the City Council (4-3, vote) that snowmobiling be prohibited south of 161st Avenue NW in the City. / Andover Snowmobile Trail Association Recommendation A letter is attached from John Campbell who represents the Andover Snowmobile Trail Association (AST A). The letter requests that the City Council table the ordinance amendment until a meeting is held with their organization. Note: City Staff and Councilmember Julie Johnson will be meeting with the AST A on November 4th @ 6:15 p.m. to review proposed trails in the prohibited areas of the City. It is anticipated that the Snowmobile Task Force will review the proposed trail designations the week of November 8th. We hope to have a recommendation from the Snowmobile Task Force to present to the City Council on November 16th. Attachments Amendment to Ordinance No. 109 (109B) and Map Ordinance No. 109 Andover Snowmobile Trail Association Letter City Council Meeting Minutes (10/19/99) " , ) '\ . ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 109B AN ORDINANCE AMENDING ORDINANCE NO. 109 - AN ORDINANCE ADOPTING REGULATIONS FOR THE OPERATION OF ALL-TERRAIN VEHICLES AND SNOWMOBILES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains as follows: Section 3. OfleratioR OR Private Proflertv. General Operation. Prohibited Areas. No person shall operate an all-terrain vehicle or snowmobile south of the following line legallv described as shown in Exhibit A. with the exception of designated snowmobile trails or areas that have been approved bv the Citv Council and private propertv provided permission is granted bv the owner, occupant. or lessee of such land: ) No perseFl shall operate aR all terraiFl 'lehiele or sFlElvlffiElbile ElFllaRds Rot owned by the peFi>eFl vlithout the ',witteR or oral permissioR efthe owner, EleeupaHt, or lessee ef sueh laRds, J3roviEled that in the ease or eral J3ermissioFl, the ovmer, eeeHpaHt, or lessee ef such laRds is preseffi. Permitted Areas. The operation of all-terrain vehicles or snowmobiles is permitted north of the described line as shown in Exhibit A. The following designated trails or areas south of this line are permitted: D On Round Lake (when frozen) when access can be legallv obtained. Il On Crooked Lake (when frozen) when access can be legallv obtained. Section 4. Operation on Public Property. 12:. Authorized snowmobiles and all terrain vehicles may be used on any public property within the City for rescue. emergency, or law enforcement purposes. \ / 1 Seeti9R S. / lQ..,. A snowmobile may make a direct crossing of a street or highway provided: a. The crossing is made at an angle of approximately ninety (90) degrees to the direction of the street or highway and at a place where no construction prevents a quick and safe crossing. b. The snowmobile is brought to a complete stop before crossing the shoulder or main traveled way of the highway. c. The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard. d. In crossing a divided street or highway, the crossing is made only at an intersection of such street or highway with another public street or highway. e. If the crossing is made between the hours of one-half (II2) hour after sunset to one-half (1/2) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. " A snowmobile may make a direct crossing of a street or highway provided a snowmobile may be operated on a bridge, other than a bridge that is the main traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to travel when no other method of avoidance is possible; provided the snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made within one hundred (100) feet of the bridge, and the crossing is made without undue delay. . ) f. Seeti9R 6. No perseR shall sperate a SRcl'.'.'ffiobile aloRg aay City Street er Cel:lffiy RoadlCel:lR-ty State .-'cia Higw:/a-y as shown OR the attaehed map as "Prohibited". Seeti9R 7. 1L. No snowmobile shall enter any uncontrolled intersection without making a complete stop. The operator shall then yield the right of way to any vehicles or pedestrians which constitute any immediate hazard. '\ ) 2 \ ) Seeti8R 8. il.:. An all-terrain vehicle or snowmobile may be operated upon any public street or highway in any emergency during the period of time when and at locations where the condition of the roadway renders travel by automobile impossible. All other sections of this ordinance shall be re-numbered in order and remain written as written and adopted by the City Council. Adopted by the City Council of the City of Andover on this _ day of ,1999. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk J. E. McKelvey, Mayor ) \ ) 3 , , I Legally Described Line '. J Commencing at the northwest comer of Government Lot 5, Anoka County, Minnesota; thence west 16.5 feet to a line parallel with and 16.5 feet west of the east line of said Government Lot 6; thence north along said parallel line 1067.88 feet to a point 1486.32 feet south of the north line of Government Lot 7; thence deflecting to the left 88 degrees, 35 minutes and parallel with north line of said Lot 7, 701.5 feet; thence deflecting to the left 82 degrees, 58 minutes 230.41 feet; thence deflecting right 18 degrees, 58 minutes 131.15 feet; thence deflecting to the left 12 degrees, 28 minutes 342.5 feet to a point hereafter known as "Point A"; thence to the right at an angle of 68 degrees, 30 minutes a distance of 127.5 feet more or less to the shore ofthe Rum River, being the point of beginning of the line to be described; thence returning easterly along said; last described course to Point A; thence southeasterly to the southern most right-of-way of 159th Avenue NW; thence easterly along said right-of-way to the intersection with the western most right-of-way line of 7th Avenue, also known as County Road No.7; thence southerly along said right-of-way to the intersection with the southern most right-of-way line of 157th Avenue NW, also known as County Road No. 20; thence easterly along said right-of-way to the intersection ofthe eastern most right-of-way of Round Lake Boulevard NW, also known as County Road No.9; thence northerly along said right-of- way to the intersection with the southern most right-of-way of 161st Avenue NW, also known as County Road No. 20; thence easterly along said right-of-way to the intersection with the southern most right-of-way of Constance Boulevard NW, also known as County Road No. 60; thence easterly along said right-of-way to the intersection with the corporate limits of the City of Andover, Minnesota; said line thence terminating. "' ) <: D I 'U C' rJ!. "' ~ (l ~ is !!.. <t ~ IJj .... 0 o ~ ';'> ~ i I ~ s- '"" (JQ " 'U '" ~ ;:;' 8.. ~f ~l " " 8 '" ~ ~ ~ J .. ~ 03 as ~~ ,>: !~ ~ g ~ rI , o::? 'J "' / 8 ~l tUn i~ HU~ ~i UH! Ii :!:~ . !j"~ i' ! . I~= .+, ~ f mL ri;t ,It [;It f ..I- I I ~ :! , , (j---~'UUl o ~~~lJQ 5-5 ~~S'S'~=':l'! ., ;J>;J>'"" 0 a o~<.q:l~g. ~ t1I ltl CTl n _. 1Jj' . . n 1/ ....., :r ::I.~~ po If 'U p..?i'a ~6'g; A !'i."'" ",,,,a ~ f:?o SO"::; oS' :To a,." (J) t""' ::lO a;~~ m <030 x tI1 <00- ='- , 2:)> 0" I\)=:::J ;::;: o::lQ. )> 0 OlC 0 o;:::Oi Q)~ "0 tI1 Z - ~ ~ ~ ^~ r~n -")N ifFIJ -=~ ~~J<'-U (\ <~ f' I r 1;; ~ -1i\ '\ ~ .,'/ h~ ~t 1'-"1" :l'h~~ l <f!. >."\ r&Y./)tf. ~ 00.t:1. ~ ~ ~~ 11:1~ ,,"- ~ V;-.. -r --<J {).~ v... t--- I) ~1j I\- : m~ I~ ~~~ ~c~~~~'U~_" V~II ~ i~ Am!m~ illlillll ~ ~ [':llit ,~,'\,lJ\J~ ;ElgJB "1lZ It MillE f--"' w, I L ~~ Ih-'. ' ]~ I ~ I~ II- \A !-.n ::y --II l r- .~ A~ ! 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I I I I I I I , I ~ _ i ill n_J:l_ -.- :: --""If> caul.'" iii:; _""_ IiII _.,. ~ _R_ ;: r_sr.. ._11._ --. _11_ ... --. -.... ~ =~_tI _Jr_ ... . .-.- :ill --. --. _rr_ .. _JT_ .. =:._ 110 ::- .. ...-.- .. --. -.. ,.,."....- ~. --.,...- ~_. -.- _nlll -.- --II' ... --. ..~R_ ::_ 0 _asr_ ~ --. _sr_ '" =-.. _a_to ....,. --. -". --. --. --. -.. -.- _11:- ~_. --. ~.- --. --. .....- --. .-. --. =.... .. -"'- ... ~-.. _1Ifl_b --. _n_ lOt -.. --. -. ---- --. -. r~..._ --. --. ~n_ -.. --. -.- --. -.. [ -. -.. ~.- =;- "I __ur_ .. ::::... _.or_ ... --. ~..._'" -.. --. ~-- CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , "- J DATE: November 2. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. Deny Special Use Permit (99-18) Antenna in Excess of Thirty-Five (35) Feet 32XX South Coon Creek Drive NW US West Wireless 3. Request The City Council is asked to review and deny the Special Use Permit request of US West Wireless to construct a one hundred and fifty (150) foot wireless communications facility (antenna/tower) on the property located at 32XX South Coon Creek Drive NW. See attached map for location. Please review the Staff report to the Planning and Zoning Commission for further details and information. "- . / Plannin!?: and Zonin!?: Commission Recommendation The Planning and Zoning Commission at their October 12,1999 meeting recommends denial of said request unanimously (5-0, vote) based on the concerns of residents regarding the effect on property values and scenic views of the surrounding area. A resolution for denial is attached for your review, Attachments Resolution Planning and Zoning Commission Staff Report Signed Resident Petition Site Plan Planning and Zoning Commission Review Materials and Comments Planning and Zoning Commission Meeting Minutes (10/12/99) (8/24/99) Special Use Permit Application Public Hearing Notice Site Location Map . "- / . I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA .' " RESOLUTION NO. A RESOLUTION DENYING THE SPECIAL USE PERMIT REQUEST OF US WEST WIRELESS, L.L.C. FOR THE CONSTRUCTION OF A WIRELESS COMMUNICATIONS FACILITY (PCS ANTENNA/TOWER - 150 FEET IN HEIGHT FROM GROUND LEVEL) ON THE PROPERTY LOCATED AT 32XX SOUTH COON CREEK DRIVE NW (PIN# 29-32-24-41-0003), LEGALLY DESCRIBED AS THE EAST 615 FEET OF THE NE y.. OF THE SE y.. LYING NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF SOUTH COON CREEK DRIVE NW EXCLUDING ROADS SUBJECT TO EASEMENT OF RECORD. WHEREAS, US West Wireless, L.L.C. has requested a Special Use Permit to construct a wireless communications facility (150 feet in height from ground level) on the property located at 32XX South Coon Creek Drive NW, legally described above; and " WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request does not meet the criteria of Ordinance No.8, Section 5.03 based on its effect on property values and scenic views ofthe surrounding areas; and / WHEREAS, a public hearing was held and there was opposition regarding said request; and WHEREAS, the Planning and Zoning Commission recommends to the City Council denial of the Special Use Permit requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission not to allow US West Wireless, L.L.C. to construct a wireless communications facility (PCS antenna/tower structure - 150 feet in height from ground level) on said property. Adopted by the City Council of the City of Andover on this _ day of 1999. ATTEST: CITY OF ANDOVER . " Victoria V olk, City Clerk J.E. McKelvey, Mayor , I CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION AGENDA 1~1=tJublic Hearinl!: S.U.P. (99-18) ORIGINATING Antenna in Excess of Thirty-Five 35) Feet - 32XX South Coon Creek D 've NW US West Wireless DATE October 12, 1999 DEPARTMENT Planning Jeff Johnson APPROVED FOR AGENDA BY: BY: REOUEST The Planning and Zoning Commission is asked to hold a public hearing to review the request of US West Wireless to construct a Wireless Communications Facility (antenna/tower) on the property located at 32XX South Coon Creek Drive NW (pIN# 29- 32-24-41-0003), legally described as follows: The East 615 feet of the NE Y4 of the SE Y4lying northerly of the northerly right-of-way line of South Coon Creek Drive NW excluding roads subject to easement of record. The property is zoned R-l, Single Family Rural and is 17.3 acres in size. , / APPLICABLE ORDINANCES Ordinance No. 113 - Antennas and Towers Ordinance No. 113 regulates the construction and maintenance of private and commercial antennas and towers, and requires a Special Use Permit prior to construction of any tower/antenna in excess of thirty-five (35) feet in height. The ordinance allows for antennas to be mounted on a single pole (monopole). The pole shall not exceed one hundred fifty (150) feet in height from ground level and must be setback from all property lines at a distance equal to or greater to the height of the pole, unless a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance under all foreseeable circumstances (a letter from the structural engineer is attached which addresses this matter). The ordinance requires a minimum of twenty (20) acres for telecommunication towers that are located in residential zoned districts. A condition as stated in the permit will require the applicant to move a lot line and meet the minimum acreage requirement of twenty (20) acres. '\ ) The ordinance requires that all towers/antennas are required to meet landscaping and screening requirements that are acceptable and approved by the City Council. The .I Page Two S.U.P. (99-18) US West Wireless, Inc. " landscaping and screening must be compatible with the surrounding character, buildings and landscape. The applicant will be required to submit a commercial site plan application to the City and will be required to address screening, landscaping, security and other pertinent issues that are addressed by staff through the review process prior to construction. The Wireless Communications Facility does comply with all other general requirements as stated in this Ordinance. Ordinance No.8. Section 5.03 - Special Uses Ordinance No.8, Section 5.03 regulates the Special Use Permit process. In reviewing this Special Use Permit request, the following criteria shall be considered: 1) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land; ; 2) The existing and anticipated traffic conditions including parking facilities on adjacent streets and land; 3) The effect on values of property and scenic views in the surrounding area; and 4) The effect on the proposed use of the Comprehensive Plan. GENERAL REVIEW (SEE ENCLOSED PLANS) US West Wireless plans to enter into a lease agreement with the current property owner (Ken and Mary Ann Slyzuk who reside at 15211 Nightingale Street NW) to lease a 300 (20' x 15') square foot area for which a PCS wireless communications structure and ground equipment will be placed and a ten (l0) foot wide access road for ingress and egress. The proposed tower is approximately 118 feet from South Coon Creek Drive NW. Located within the leased area are the following components: / Page Three S.U.P. (99-18) US West Wireless, Inc. 1. Personal Communications Services (PCS) Tower/Antennas The Wireless Communication Facility consists ofa single pole (monopole), which is made of steel and extends ISO feet above the existing grade. Four (4) directional panel type antennas will be mounted on the tower. The panels are 4 feet long x 7 1/2 inches wide and 2 1/2 inches deep. Two (2) panels will be located at ISO feet above grade and two (2) panels will be located 120 feet above grade. It should be noted that US West will construct the tower in a manner to provide two (2) future co-locates for telecommunication providers. 2. Ground Equipment Two (2) weather resistant cabinets (2.5' x 2.5' x 5') to house equipment will be placed near the base of the tower. 3. Fencing/Landscaping j The City will require that the leased area be landscaped in order to screen the ground equipment from adjacent properties and right-of-ways and a security fence be constructed to prevent unauthorized entry. COMMISSION OPTIONS Approval. The Commission may recommend to the City Council approval of said request. The Commission finds the request meets the requirements of Ordinance No.8, the Zoning Ordinance. Denial. The Commission may recommend to the City Council denial of said request. The Commission finds the request does not meet the requirements of Ordinance No.8, the Zoning Ordinance. The Commission shall state those reasons for denial. Table. The Commission may table the item pending further information from staff or the applicant. -' LIJ.WEST@ Advanced PCS™ . ~ ~ ~ ~ ~ ~ ) .-, . \. .~..: ~'~:~r"" ...:- . ':Lf"f · .. ~~ ,~ L~'~' ~. , _ . tt"."" . "r'"'.- " In Slyzuk Property 150' AGL- 2 antennas 120' AGL- 4 antennas Pole- 150' AGL PRIVAlE Not for disclosure outside ofU S WEST Wireless, L.LC. Do not distribute or reproduce without pennission from U S WEST Wireless, LLC, / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 109 AN ORDINANCE ADOPTING REGULATIONS FOR THE OPERATION OF ALL-TERRAIN VEHICLES AND SNOWMOBILES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover hereby ordains: SECTION 1. DEFINITIONS. Unless the context clearly indicates otherwise, the words, combinations of words, terms, and phrases, as used in this Section shall have the meanings set forth in the subdivisions of this section which follow. a. SNOWMOBILE a self-propelled vehicle designed for travel on snow or ice steered by skis or runners. ; b. ALL-TERRAIN VEHICLE - a motorized flotation-tired vehicle of not less than three (3) low pressure tires, but not more than six (6) low pressure tires, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight less than 600 pounds. OWNER means a person, other than a lien holder having the property in or title to snowmobile or all-terrain vehicles and entitles to the use or possession thereof. c. d. OPERATE - to ride in or on and control the operation of a snowmobile or"all-terrain vehicle. e. OPERATOR - means every person who operates or is in actual physical control of a snowmobile or all-terrain vehicle. f. ROADWAY means that portion of a highway improved, designed, or ordinarily used for vehicular travel, including the shoulder, but not including the boulevard. g. BOULEVARD - is that portion of the street right-of-way between the curb line and the property line. h. RIGHT-OF-WAY - means the entire strip of land traversed by a highway or street in which the public owns the fee or an easement for roadway purposes. i. URBAN DISTRICT means the territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter mile or more. j. PUBLIC LANDS - public parks, playgrounds, trails, paths and other recreational area and other public open spaces; scenic and historic sites; schools and other public buildings and structures. "\ CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT Property Address ?l.'I'f ~~ (Ctv\ Cre-lt-Uiw uJ Legal Description of Property: (Fill in whichever is appropriate): Lot Block Addi tion PIN c?1~"" .3 2.....,7 'i...fI-~ (If metes and bounds, attach the complete legal description. t / or Torrens '^' ? (This can be obtained from the Is the property: Abstract information must be provided and County. ) ----------------------------------------------------------------- Reason for Request btz... llS W~+ LJ~ IJe.S<; ~ (l()w...lI1lh1;c~ltcrI8 ~w~ fL / Section of ordinanCe~Y "M-tS-) Current Zoning ~'^t ~\. \2~l~\;tl{ ----------------------------------------------------------------- Name of Applicant U~ LJes-r W~ fe.(eSS L, Le!... Address 4-z.~ N. 1="~\{vievJ ,Ave.. ~ ~ ~ ~~~~:;;::_:~~~~~~;:::~~~~~~;~:~~~~- Home Phone Address /.5,),// "\ / Signature SPECIAL USE PERMIT PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and North arrow; dimension of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property. ./ Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property $25.00 Torrens property ~ Mailing labels 25.QQ e aid Rev. 5-06-93:d' A 5-04-94:bh 2-01-95:bh 3-22-95:bh 9-30-96:bh 1-07-97:bh 6-03-98:bh Res. 179-91 (11-05-91) fj $100.00 ~r Receipt # S-W3l( CRITERIA FOR GRANTING SPECIAL lJSE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: .- 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands. 3. The effect on values of property and scenic views in the surrounding area. 4. The effect of the proposed use on the Comprehensive Plan. :supapp Ordinance No.8, Section . , ) 5.03 Special (Conditional) Uses General Statement (A) Special Use Permits may be granted or denied in any district by action of the City Council. The Andover City Clerk shall maintain a record of all Special Use Permits issued including information on the use, location, conditions imposed by the City Council, time limits, review dates, and such other information as may be appropriate. A copy of the Special Use Permit shall also be filed with the Building Inspector. Any change involving structural alteration, enlargement, intensification of use, or similar change not specifically permitted by the Special Use Permit shall require an amended Special Use Permit and all procedures shall apply as if a new permit were being issued. / All uses existing at the time of adoption of this Ordinance and automatically granted a Special Use Permit, shall be considered as having a Special Use Permit which contains conditions which permits the land use and structures as they existed on said date and any enlargements, structural alteration, or intensification of use shall require an amended Special Use Permit as provided for above. Certain uses, while generally not suitable in a particular zoning district, may, under some circumstances be suitable. When such circumstances exist, a Special Use Permit may be granted. Conditions may be applied to issuance of the permit and a periodic review of the permit may be required. The permit shall be granted for that particular use and not for a particular person or firm. The cancellation of a Special Use Permit shall be considered administratively equivalent to a rezoning and the same requirements and procedures shall apply. (B) Criteria For Granting Special Use Permits: In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning Commission and: the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets and land, the effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. / If it shall determine by Resolution that the proposed use: will not be detrimental to the health, safety, morals, or general welfare of the community Page 42 Ordinance No.8, Section nor will cause serious traffic congestion nor hazards, nor will seriously depreciate surrounding property values, and that said use is in harmony with the general purpose and intent of this Ordinance and the Comprehensive Plan, the City Council may grant such permits. (1) In-home beauty salons/barber shops shall be subject to the follow~ng: a. One (1) chair salon/barber only b. The hours of operation shall be approved by the City Council. c. Parking requirements shall be as set out in Ordinance No.8, Section 8.08. d. The salon/shop must comply with the State Cosmetology Board and the State Barbers Board requirements. e. In non-sewered areas, the septic system must be in compliance with Ordinance No. 37, the On-Site Septic System Ordinance. A beauty shop/barber shop shall be considered the equivalent to one (1) bedroom in terms of usage under Ordinance No. 37. f. The Special Use Permit shall be subject to an annual review. g. The beauty shop/barber shop shall be owner occupied. h. Upon sale of the premises for which the Special Use Permit is granted, such Permit shall terminate. i. Drawings detailing the salon/shop shall be submitted at the time of the request for the Special Use Permit. j. In non-sewered areas, a minimum of 39,000 square feet of lot size shall be required. k. In non-sewered areas, the septic system shall be inspected annually before the Special Use Permit is reviewed. (8Q, 5-4-82) (2) Retail sho1ping in Industrial Districts shall be subject to the ollowing: . a. The Special Use Permit shall be subject to an annual review. , / b. Detailed drawings of the building to be used or converted shall be submitted. Page 43 Ordinance No.8, Section c. The use that the Retail Shopping is to be put shall be stated. d. Parking requirements shall be as set out in Ordinance No.8, Section 8.08. e. A general inventory shall be provided along with other items determined necessary by the City Council. (8R, 7-6-82; 8YY, 11-03-88)) (C) Procedure: (1) The person applying for a Special Use Permit shall fill out and submit to the Clerk a "Request for Special Use Permit form" together with a fee as set by City Council resolution. An additional fee as set by Council Resolution may be required for each meeting in excess of two (2), which is necessary because of incomplete information or changes in the petition. / (2) The Clerk shall refer the application to the Planning Commission. Property owners and occupants within three hundred fifty (350') feet of the property in question shall be notified at least ten (10) days prior to the Planning Commission meeting, although failure of any property owners or occupants to receive such notification shall not invalidate the proceedings. Notification shall be by mail. The petitioner shall be required to submit a list of the property owners and occupants within three hundred fifty (350') feet as part of the petition. (8A, 2-14-75; 8FFF, 12-06-88) (3) The Planning Commission shall consider the petition at its next regular meeting, but not earlier than seven (7) days from date of submission to the Planning Commission. (4) The petitioner or his representative shall appear before the Planning Commission in order to answer questions concerning the proposed Special Use Permit. (5) The report of the Planning Commission shall be placed on the agenda of the City Council in the following manner: a. Recommendations from the Planning Commission meeting held on the second Tuesday shall be placed on the agenda of the City Council no later than their first Tuesday meeting of the following month. / b. Recommendations from the Planning Commission meeting held on the fourth Tuesday shall be placed on the agenda of the City Council n~ later than their third Tuesday meeting of the following month, unless there are five (5) Tuesdays in the given month from which the recommendation of the Planning Commission is made, in which case the recommendation shall be placed on the agenda of the City Council no later than their first Tuesday meeting of the following month. (8FFF, 12-06-88) Page 44 Ordinance No.8, Section (6) The City Council must take action on the application within sixty (60) days after receiving the report of the Planning Commission. If it grants the Special Use Permit, the City Council may impose conditions (including time limits) it considers necessary to protect the public health, safety and welfare, and such conditions may include a time limit for the use to exist or operate. (7) An Amended Special Use Permit application shall be administered in a manner similar to that required for a new special use permit except that the fee shall be as set by City Council resolution. Amended Special Use permits shall include re-applications for permits that have been denied, requests for changes in conditions, and as otherwise described in this Ordinance. (8) No application for a Special Use Permit shall be resubmitted for a period of one (1) year from the date of said order of denial. (9) When a Special Use Permit may be of general interest to the Community or more than the adjoining owners, the Planning Commission may hold a public hearing and the Special Use Permit shall be reviewed with notice of said hearing published at least ten (10) days prior to the hearing. (D) Special Use Permit Sunset Clause J If the City Council determines that no significant progress has been made in the first twelve (12) months after the approval of the Special Use Permit, the permit will be null and void. (8LLL, 4-17-90) 5.04 Variances and Appeals Where there are practical difficulties or unnecessary hardships in any way of carrying out the strict letter of the provisions of this Ordinance, an appeal may be made and a variance granted. The hardships or difficulties must have to do with the characteristics of the land and not the property owner. The procedure for granting variances is as follows: (A) A person desiring a variance shall fill out and submit to the City Clerk a "Request for Variance form" together with a fee as set by City Council resolution if the variance request involves single-family residential. All other requests shall have a fee as set by City Council Resolution. (800, 2-18-86) (B) The application shall be referred to the Planning Commission which shall submit a report to be placed on the agenda of the City Council in the following manner: , J (1) Recommendations from the Planning Commission meeting held on the second Tuesday shall be placed on the agenda of the City Council no later than their first Tuesday meeting of the following month. Page 45 , '\ '---./ , , ,-j ~) CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 NOTICE OF PUBLIC HEARING CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m. or as soon thereafter can be heard, on Tuesday, October 12, 1999, at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Special Use Permit request of US West Wireless, L.L.C. to erect a wireless telecommunications tower (ISO feet in height from ground level) on the property located at 32XX South Coon Creek Drive NW (PIN# 29-32-24-41-0003), legally described as follows: The East 615 feet of the NE ~'4 of the SE V41ying northerly of the northerly right- of-way line of South Coon Creek Drive NW excluding roads subject to easement of record. All written and verbal comments will be received at that time and location. A copy of the application will be made available at City Hall for review prior to said meeting. '~ Jeff Johnson, Zoning Administrator ~ Publication Dates: October 1, 1999 October 8, 1999 @ / City of Andover US West Telecom Tower 32xx South Coon Creek Dr -~-.~ J..;....;--~ .;.;... '1 ~ ~ 1 ~ l' , l' I: ~ -- / ill . }J S~j':' p~p~rty \. N Street Center Lines o 350' Mailing Boundary Cd Properties Notified , .' Parcels o Lot / Parcel Boundaries D Right-of-Way D Water Features -- ," N A Sources: Andover Engineering Andover GIS Anoka County GIS 1 inch = 490 feet RF-l:5,883 Map Date: August 10, 1999 PIN 293224110007 ANOKA COUNTY OF 325 E MAIN ST t' 'QKA, MN 55303 / PIN 283224220008 KNOLL JAMES S & JANE L 14817 ROUND LAKE BLVD NW ANDOVER, MN 55304 PIN 283224220003 QUINTANA VINCENTE & L 14851 ROUNDLAKEBLVDNW ANDOVER, MN 55304 PIN 293224140025 BITZ SEAN W & CHARRIE L 14585 JONQUIL ST NW ANDOVER, MN 55304 \ l-l1'1293224140024 PETERSON ROBERT D 14567 JONQUIL ST NW ANDOVER, MN 55304 PIN 293224140023 HENDERSCHElD C & BUCHNER R 14541 JONQUIL STNW ANDOVER, MN 55304 PIN 293224140022 NELSON GARY R 14529 JONQUIL ST NW ANDOVER, MN 55304 PIN 293224140021 DOTSETH ROBERT S 14517 JONQUIL STNW ANDOVER, MN 55304 P""\293224410044 . ,U-ING ROBERT J & BENITA M 14505 JONQUIL STNW ANDOVER, MN 55304 PIN 283224210001 SL YZUK KENNETH L & M A 15211 NIGHTINGALE ST NW ANDOVER, MN 55304 PIN 283224310004 Fields Ed & Lorraine 2993 S. Coon Creek Dr. Andover, MN 55304 PIN 283224240001 QUALITY BLACK DIRT 4020 TYLER ST NE COL HEIGHTS, MN 55421 PIN 293224140026 ZINKEN MICHAEL F & PAMELA 14605 JONQUIL ST NW ANDOVER, MN 55304 PIN 283224330007 HENTGES WILLIAM E & DENISE C 3061 142ND LN NW ANDOVER, MN 55304 PIN 283224240004 FIELDS JAMES E 2923 S COON CREEK DR NW ANDOVER, MN 55304 PIN 293224140018 ALLRICH SCOTT W & MELANIE A 14536 JONQUIL STNW ANDOVER, MN 55304 PIN 293224140017 STEVENS KEVIN G & JULIE A 14524 JONQUIL STNW ANDOVER, MN 55304 PIN 293224140027 KLUCH JAMES A & PAULA B 14512 JONQUIL STNW ANDOVER, MN 55304 PIN 283224310002 SPADGENSKE WESLEY W & L J 2934 S COON CREEK DR NW ANDOVER, MN 55304 PIN 293224110006 Barn on the Lake Inc 14803 Round Lake Blvd. Andover, MN 55304 PIN 293224110006 BARN ON THE LAKE INC 14817 ROUND LK BLVD ANDOVER, MN 55304 PIN 293224440004 NA TL GOLF OPERATING PTNSHP CIO NATIONAL GOLF PROPERTIES 2951 28TH ST SUITE 3001 SANTA MONICA, CA 90405 PIN 293224140019 BAUERS DONALD J & L YNNETTE 14570 JONQUIL STNW ANDOVER, MN 55304 PIN 283224240005 FIELDS CHARLES P 2963 S COON CREEK DR NW ANDOVER, MN 55304 PIN 283224310004 FIELDS EDWARD F & LORRAINE 15421 RD LK BD NW ANOKA, MN 55304 PIN 283224320011 CARLSON LUANNE I & DANIEL G 3021 S COON CREEKDRNW ANDOVER, MN 55304 PIN 283224310003 GHARABALL Y PAMELA R 8226 OAKMERE RD MINNEAPOLIS, MN 55438 PIN 283224220007 KNOLL JOHN J & GUIST LISA D 3140 149TH AVE NW ANDOVER, MN 55304 PIN 283224330006 PIN 293224410043 PIN 293224410024 KENNEDY KEVIN E & DEANNE PETERSON SCOTI E & BARBARA THOMPSON EARLIHUE JR & DEBBIE 14242 IVYWOOD STNW 14493 JONQUIL ST NW 14484 JONQUIL STNW AV""'f)VER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 .' PIN 283224320012 PIN 293224410042 PIN 293224410025 ERICKSON RONNIE L & STACY L DAVIS THOMAS C & DA YNA M PEDERSON RICK T & NOVAK DIANA 3065 S COON CREEK DR NW 14481 JONQUIL STNW 14472 JONQUIL STNW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 PIN 293224410041 PIN 293224410026 PIN 293224410040 KINNAMON MARY L ITIEL B G & CAMERON S M NELSON ERIC A & CHERYL L 14469 JONQUIL STNW 14460 JONQUIL ST NW 14457 JONQUIL STNW ANDOVER, MN 55304 ANDOVER, r.:m 55304 ANDOVER, MN 55304 PIN 283224310001 PIN 293224410027 PIN 293224410039 KRUSEMARK RICHARD J & R M BORDEN BONITA K CONLEY RUTH M 2990 S COON CREEK DR NW 14448 JONQUIL STNW 14445 JONQUIL ST NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 PIN 293224410028 PIN 293224410038 PIN 283224320009 BECKER MICHAEL J & BARBARA Z JASICKI RANDY J & ANDERSON K D BEAUPRE MICHAEL 14436 JONQUIL ST NW 14433 JONQUIL STNW 3018 SCOONCREEKDRNW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 \ , / PIN 293224410029 PIN 293224410037 PIN 293224410030 PIACENTINI DAVID P & NANCY MURDY CURTIS A & DEBORAH M BAKKEN CANDACE K 14424 JONQUIL ST NW 14421 JONQUIL STNW 14412 JONQUIL STNW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 PIN 293224410036 PIN 283224320008 PIN 293224410031 NORDSTROM DARLENE BOLLIG THOMAS K & DIANN K FOX SHARON R 14409 JONQUIL ST NW 3060 S COON CREEK DR NW 14388 JONQUIL STNW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 PIN 293224410035 PIN 293224410032 PIN 293224410034 MATISON ROGER L & LOUANN SCHMITI GERALD A HOV ALDT CHRIS V & MARLIS F 14391 JONQUIL STNW 14372 JONQUIL STNW 14379 JONQUIL ST NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 PIN 293224410033 PIN 283224320007 PIN 293224410049 BOHLER JOSEPH P & DEBORAH S FREITAG L & KETIER GREGORY SCHUSTER THOMAS P & PATRICE 14367 JONQUIL ST NW 3096 S COON CREEK DR NW 3348 S COON CREEK DR NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 r :93224410050 PIN 293224410051 PIN 283224320006 C, "dJN MICHAEL F & VICKI L THALIN GARY H & DEBRA L SMITH BOBBY L & JANICE J 3336 S COON CREEK DR NW 3324 S COON CREEK DR NW 3150 S COON CREEK DR NW ANDOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 Regular Andover Planning and Zoning Commission Meeting Minutes-August 24,1999 Page 13 pump, and they felt this would to be the most sensible location to meet their objectives and achieve their goals. Commissioner Apel inquired if this proposal was primarily for digital expansion, or for analogue technology. Mr. Fisher stated it was to provide new technology called Personal Communications Systems (PCS). Commissioner Apel stated that this was digital technology, and the applicant would require many more of these towers for this type of service than they would for analogue technology. Mr. Fisher stated this was correct. He explained, due to the frequency, the promulgation of the signal is a smaller, and typically they attempt to build much smaller sites to accommodate this technology. Commissioner Ape! inquired regarding the spacing of these towers. Dave Mitchell, Design Engineer for USWest Wireless stated he had come before the Commission the previous year, regarding the development of a tower at Eddie's Auto, on Bunker Lake Boulevard. He stated, in a rural application, the towers ranged between one and two miles apart. He stated they lost their system in July of the previous year, and due to the enormous growth of the northern metropolitan area, they were expanding their coverage to accommodate more customers and provide better service to the area. Commissioner Daninger inquired regarding alternative sites. Mr. Fisher stated they had researched ) the City's water tower. Mr. Johnson stated this was the smaller water tower located to the east of Round Lake Boulevard. He stated the City has a plan, which could call for the reconstruction of this water tower, in the near future. Commissioner Daninger inquired if the water tower located at City Hall would be outside the applicants required service distance. Mr. Fisher stated it would. Commissioner Falk inquired if the applicant planned to utilize the new water tower for the project, when it was constructed. Mr. Fisher stated, due to the uncertainty as to when and where the new water tower would be located, they decided to pursue the proposed site. Commissioner Falk inquired if this would be the northernmost location of their towers. Mr. Mitchell stated it would be. He stated they had plans to develop more towers to the north, however, he was uncertain as to the exact locations of these. He explained this would depend upon factors related to system growth, and how well the proposed system performs based upon the users. Commissioner Daninger inquired when the new water tower was to be constructed. Mr. Johnson stated it would be within the next two to five years. Commissioner Daninger inquired if it would be reconstructed at its present location. Mr. Johnson stated he assumed it would be. Commissioner Daninger noted that this site would provide a 250-foot height, as opposed to the proposed 150 feet. Mr. Mitchell stated the water tower was located approximately a mile from the site they were proposing, which might be too close to the existing site to the south. Mr. Fisher stated they had researched several issues, which included the location of the antenna in relation to the existing site, , / Regular Andover Planning and Zoning Commission Meeting Minutes-August 24,1999 Page 14 ./ as well as the uncertainty of the new water tower reconstruction, and the difficulties posed by the interruption of service they would undergo, in order to relocate the antenna. Bill Hentges, 3061 142nd Lane NW, stated he was notified by the City regarding the Special Use Permit request. He stated he had conducted research to learn about the tower, and how he would be affected, as well as the effect of the tower on the property values in the area. Mr. Hentges stated the property which is being proposed for the tower is located in the R-I, Single Family Rural District, however, it is a highly populated area. He stated, apart from the aesthetic issues, the proposed ISO-foot tower is approximately ten feet shorter than the water tower located at the City Hall, and would set a precedent for additional towers to be developed in the proposed location. He stated, once it is established, other companies might see this a likely location to develop other similar facilities in that area. / Mr. Hentges stated, at this time, there is very little known in regard to the effects of radio frequency radiation. He stated the health and safety of the residents in the surrounding area should be very definitely taken into consideration. He stated there have been many studies, which indicate that low levels of radio frequency radiation exposure on a prolonged basis, can cause damage to residents and people in the area. He stated the Federal Communications Commission has established standards for these sites, however, most of these standards were established for those people who worked in the industry, not for residents who would be exposed 24 hours per day, 365 days per year. He stated there are many studies that indicate the possibility of certain types of cancers and leukemia, melanomas, sleep disturbances, etc, which may be caused by radiofrequency. He stated this has not been proven one way or the other, and therefore, they should proceed with caution, when attempting to locate the towers in residential areas. , " Chair Squires requested Mr, Hentges provide the origination of studies he referred to in his research. Mr. Hentges provided the Commission with the reports he had obtained through his research, and provided an overview of the information contained therein, Commissioner Apel stated there were people who might refute these reports, and he would like to hear both sides of these arguments, prior to making his determination.. Mr. Hentges stated he understood this, He reiterated, however, at this time, the issues were controvertible, He stated there were many studies by the industry, which indicate the effects of radiofrequency radiation to be harmless, just as the industry that stated cigarette smoking was not hazardous to your health, and the industry stating that mercury, being dumped by paper plants, was not hazardous to the environment. Commissioner Apel stated many things were hazardous, including automobiles, which they all utilize. He stated he had not heard anyone request the automobile be outlawed. He stated the Planning and Zoning Commission had been charged with providing a determination in this matter. Mr. Hentges stated he agreed with Commissioner Apel's point. He stated he was aware, in light of the information superhighway, this radiation would exist, regardless, He stated he was all for automobiles and the highways, he just did not want one through his living room. \ / Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 15 i Mr. Hentges stated the proposed site was twenty (20) acres in size, and yet, the applicant was proposing to locate the tower in the comer of that site, adjacent to the residential area. He stated the reason for the buffer zone is to set the tower back, and this was not being accomplished with the present proposal. He stated he believed there were many alternative sites available on which to place these poles, which would not affect the people in residential areas. Commissioner Apel inquired if Mr. Hentges believed the people who would stand to benefit from the service provided by the pole would feel similarly. Mr. Hentges stated he believed they would. Commissioner Apel inquired if he believed it was acceptable to place the pole adjacent to other residents, however, not himself. Mr. Hentges stated if the pole was located to the north of the proposed site, as indicated on the site map, it would impact a significantly fewer number of residents. He stated to the east of the proposed site, there are several hundred residents who would be living within 1,000 feet of the pole. Commissioner Apel stated he believed the proposed location was selected for two reasons, matters of economics, and the inability to set the pole back in the center of the site, due to its peat composition. He stated it would be considerably more expensive to construct the pole in the center of the site. . j Mr. Hentges suggested the pole be constructed at l47th Avenue, which has power available, and access to the property. He stated this would be quite a distance from the residential areas. Mr. Johnson stated the League of Minnesota Cities and their attorneys have provided information, which states "If a Wireless Communication facility meets technical emission standards set by the FCC, it is presumed safe. A local government may not deny a request to construct a facility on grounds that its radio frequency emissions would be harmful to the environment of the health of residents, if those emissions meet FCC standards," and that. "The FCC, not local government, is the sole authority to determine what standards wireless facilities must meet to ensure their radio frequency emissions do not harm humans or the environment." Commissioner Apel inquired if this represented that the legal provisions are such that even if the local government wanted to deny such a proposal, they could not. Mr. Johnson stated this was correct, it could not be denied based upon radio frequency emissions alone. Commissioner Apel stated he did not agree with this. Joseph Palboleck, 14367 Jonquil Street, stated he was not informed regarding the public hearing. He stated he had seen a sign that is located on his block. He stated the proposed tower would be constructed in his backyard. He stated he moved to the property in 1986, and there was no pole at that time. He stated the Commission appeared to be concerned regarding the peat bog, and its relativity to the construction of the pole. He inquired regarding the impact of the proposal upon the environment. " / Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 16 J Mr. Palboleck stated he worked in the avionics industry, and was aware of the shielding requirements for radio frequency radiation. He stated the Commission should take much time in coming to their determination. Jason Gastantini, 14424 Jonquil Street, stated he lived a few hundred yards from the proposed location of the tower. He stated he would like to extend his appreciation to Mr. Hentges, for notifying him of the meeting. He stated he would not have otherwise been aware. Mr. Gastantini stated he had several concerns regarding the proposal, primarily in regard to the health issues, in relation to the interference caused to telephone and television communication. He stated he was on the critical consumer list with his power company provider, and both he and his wife were heavily asthmatic. He stated they were the first individuals to have their service restored in the event there is a power failure. He explained he had already found it necessary to utilize ambulance services twice, and on one of these occasions, his condition was life threatening. He inquired what he should do, in the event that interference from the tower prevented him from calling an ambulance. Mr. Gastantini stated he carried a cellular telephone. He stated he believed in the system, and believed that these things were important as we grow as a society. He stated, however, these types of things would overcome society, if they don't tread carefully. He requested the Planning Commission make a concerned and informed determination on the matter. / Mr. Gastantini inquired regarding the compensation provided to the property owner for the lease of the proposed property. He stated he believed the City would like to have that money, by locating the tower on the water tame He stated he has been an electronic technician for many years, and could not see the difference three quarters of a mile would make on a cellular system, whether it be analogue or digital technology, particularly in light of the increased height of the tower, which would increase the system's effective range. Mr. Gastantini stated the positioning of the tower at the lower comer of the property does not provide a sufficient buffer to the residents. He stated his impression of the twenty-acre requirement was that there should be a buffer zone around the tower. He stated he lived approximately 300 yards from the proposed tower, and had legitimate concerns for the health of his three children, and for his wife who is confined to a wheelchair. Commissioner Apel inquired if Mr. Gastantini was stating that on all occasions, this type of tower would interfere with his telephone service. Mr. Gastantini stated he was aware that the CCO tower in Coon Rapids does, as he has friends who live in that area, who are constantly complaining in this regard. He stated he works at a business where he has to recommend solutions for the hardwire television electrical outlets of these people. He stated he did not know if the CCO tower emissions were comparable to those of the present proposal, however, he did not wish to take the chance. / Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 17 J Mr. Gastantini stated the land to the north of the proposed site is unbuildable. He stated it is a peat field, and therefore, has remained undeveloped. He stated when the City put in Jonquil and Kerry streets, they had to take land from his backyard to reinforce the building pads on the opposite side of the street. He stated one of the houses constructed in that location was still sliding off the building pad, and required the installation of pylons, to a depth of thirty feet. He stated the land further to the east of the proposed site is also unbuildable, and would not support such a tower. He stated Mr. Hentges suggestion, perhaps 147th Avenue, would be a better location. He stated it is much farther away from a higher density of population. He stated that homes surrounding the proposed site were starter homes, comprised of new families moving into the area. He stated the homes on 147th Avenue, however, range in value between $200,000 to $250,000, and, in his opinion, their voices are always louder when it comes to the City Council. He stated, when disputing other issues several years previous, a City employee had told him "that's what you get for buying low-income housing." Mr. Gastantini stated the picture of the tower provided by the applicant was very deceiving. He stated another picture showed an artist's rendition of the tree line. He explained the proposed tower would be 100 feet above the tree line, and the picture was very disproportionate in this regard. He stated that one page of the staff report indicates that the panels will be 4 feet by 7 Yz feet, and another page indicates 4 feet by 7 Yz inches. He requested clarification of this matter. Mr. Johnson stated the panels would be 4 feet by 7 Yz inches. Mr. Gastantini stated this was much less objectionable. , Mr. Gastantini stated his wife has a weakened immune system, and is confined to a wheelchair due to Rheumatoid Arthritis. He stated, in light of this, he has grave concerns regarding the emanations from the proposed tower. He reiterated his appreciation to Mr. Hentges for notifying him of the meeting, and thanked the Planning and Zoning Commission for their time. , / Gary Zalen, 3324 South Coon Creek Drive, stated he lived in as close a proximity to the proposed tower as any of the residents in that area. He inquired if the contemplated technology would not be obsolete in five years. He stated he believed it would. He inquired if there had been consultation with the Army Corps of Engineers in regard to the site being situation in a flood plain. He stated he would not construct an electrical tower in the middle of two feet of water, which was the condition of the property the prior year. He stated the subject property flooded annually. Mr. Zalen stated he had spoken with the Army Corps of Engineers regarding the park and the golf course, and was aware that they have jurisdiction over Coon Creek. He inquired if anyone from the City had discussed this matter with them to gain approval, and possibly a variance. He stated if the tower was placed in this area, it would be under water every year. He stated he has lived in the area for ten years, and had seen it flood. He stated, one year, the golf course was closed for three months due to the intensity of the flooding problem. Mr. Zalen stated the construction of the tower in such close proximity to the street would invariably result in some form of vandalism. He stated, during the years he has resided at this location, he has been subjected to several incidents of vandalism, and has twice contacted the police in this regard. , / Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 18 / He stated, particularly in moving away from the high density housing, the vandalism problem worsens. Commissioner Falk inquired if the construction of the tower would affect the incidence of vandalism. Mr. Zalen stated he believed it would draw vandals to the area. Mr. Zalen stated the half of a mile the applicant would be from the water tower should not be a major issue. He stated by the time the new water tower is constructed, the present technology will be obsolete, and it will be necessary for the applicant to proceed in a different manner. He stated unless the Army Corps of Engineers is consulted, and provides their approval, he was not in favor of the proposal. Mr. Hinzman stated, upon reviewing the commercial site plan for the construction of the tower, City staff had commented that the proposal would require review by the Watershed District. He inquired if Mr. Zalen was certain that the Army Corps of Engineers was the correct body to consult, in addition to the Watershed District. Mr. Zalen stated he believed this was correct. Mr. Hinzman stated that staff would request both of these bodies review the site as well. Commissioner Apel inquired if this requirement was contained in the resolution. Mr. Hinzman stated he did not believe it was, as it was part of the current discussion. He stated, if the Commission so desired, this stipulation could be added to the resolution, as well. Dan Carlson, 3021 South Coon Creek Drive, stated he lived in very close proximity to the proposed tower. He stated his main concern was for his family's health and welfare. He inquired where the next tower would be located. He stated the applicant had indicated the towers would be one to two miles apart, and inquired if this meant they would be dotting the landscape with these towers. Mr. Fisher stated their business expansion was dependent upon the system's usage. Linda Pottick, 10411 Kerry Street, stated she had worked with radio frequencies for approximately twenty years. She stated, in her opinion, a person would have to have a great amount of exposure to these emissions to be affected, however, the problem is there. Ms. Pottick stated, upon moving to the neighborhood approximately eight years prior, she was in the process of creating a HAMS radio operation in her residence, and proceeded to construct a very tall antenna. She stated she removed the antenna due to the interference it caused to the resident's televisions, baby monitors, etc. She stated her main concern was that the proposed tower could cause this type of problem. She stated the cellular companies currently utilize their own frequencies, which is intended to prevent interference, however, when present in large amounts, they do. She stated she was also concerned regarding how many more towers would be constructed in that area. She stated in five years, there would be new technology and the tower would have to be changed. She stated she did not want to see the tower in her neighborhood. Don Mallory, 14561 Kerry Street, stated he lived as far from the proposed tower as any of the residents present. He stated from his perspective in the area, he could see where the tower would be. He stated he had purchased his property approximately six years prior, so that he could have some / Regular Andover Planning and Zoning Commission Meeting Minutes-August 24,1999 Page 19 / open fields to look at. He stated he would not enjoy seeing a blinking red light on the tower, outside of his bedroom window. He stated his main concern was the manner in which this proposal had been scheduled for consideration, without notification to the residents. Mr. Hinzman stated the notification of public. hearings is mandated via state statutes, which require the notification of residents within 350 feet of the subject property. He stated the City has attempted to provide further notification by placing development signs on the property, and a telephone number to call for more information, as well. He stated this was not a perfect system, however, the limited notification was not something that was done intentionally, by any means. Mr. Johnson stated notification had been mailed to14 homeowners. Mr. Hinzman reiterated this was not a perfect system, however, the City was attempting to rectify this, with the development signs placed upon the property, which provide further notification than that required by state statute. Commissioner Apel stated he would like it noted for the record, that they have been talking for years about the ridiculous 350-foot limitation. He stated anyone who is aware that these meetings are being held, should be able to look at a map, and determine the residences, which require notification, and should have enough common sense to notify the neighbors. Douglas Opitz, 14422 Kerry Street, stated he had moved into his home one year ago. He stated this was the first Planning and Zoning Commission meeting that he had attended, and if it were not for Mr. Hentges, he would not have been aware of it, due to the overgrown vegetation on the signs. "' .' Mr. Optiz stated the area of the proposed site was prone to vandalism. He stated he lived adjacent to two daycare facilities, and within two blocks of the proposed tower. He stated he diagnosed cancers at a hospital, and was concerned regarding the effects of the radio frequency emissions to his family. He stated that the children at the daycare facilities in the area are getting older, and inquired what was to prevent them from venturing out to this tower. Don Bowers, 14570 Jonquil, stated he owned the property on the northwest corner of the proposed site. He inquired how the City would benefit by allowing the tower. Commissioner Apel stated the City would probably not benefit, with the exception that communications are important to the City. Mr. Bowers stated he agreed with this, however, in light of the many unanswered questions inquired how the City could contemplate granting a permit for the proposal. He stated, in his place of employment, they must have the answers, or their machinery is not built. He stated he believed the Commissioners do a very decent job. Mr. Bowers stated he had children, and was concerned regarding the unknown factors. He stated the tower would be located in his front yard. He requested the City find a location in Andover, where the tower would not affect any residents, and insure that no one builds underneath it. Commissioner Apel stated that it would be very unlikely to find a location in the City where no one would be impacted by the tower. Mr. Bowers suggested the tower be constructed at the City's toxic dump. / Regular Andover Planning and Zoning Commission Meeting Minutes-August 24,1999 Page 20 , / Kathy Whittacre, l42nd Ave, stated the applicant had indicated they do not generally locate these facilities in residential areas, and for certain reasons felt forced to do so at this time. She inquired why the towers are normally not constructed in residential areas. Mr. Fisher stated residential areas were not the preferred location, for the reasons expressed by the residents. He stated they attempt to locate sites that are commercial, industrial, or agricultural, after looking at co-location. He explained, for the reasons he had stated, this site was logical. He stated, in this particular case, there were no commercial or industrial areas within the area they are attempting to provide coverage to, and the only opportunities were in the agricultural zoned property. He stated that Mr. Slyzuk, owns a great portion of the agricultural land, and that is why they were pursuing his property. He stated, as it was his property, he has some say as to where the tower will be located upon it. He stated it was a combination of this and the need to be in the proper proximity to their connecting sites. He stated he agreed that it would make more sense to place the tower in the middle of the agricultural land. He stated, in this particular case, the landowner already has a fence, shed, and irrigation pump in this area, and this land is not suitable for the tower. He added that it was necessary to be close to the road for power and telephone service. He stated there were very few options, and they did not wish to locate near residences. He stated they required access to the road, and to be near Coon Creek for the design of the tower. He stated they could not afford to go further north, in consideration of their connecting site. " Mr. Gastantini inquired if the landowner lived on the property. Mr. Fisher stated he did not. Mr. Bowers inquired if the applicant realized there was a park within 200 yards of the proposed site. Ms. Whittacre stated the applicant had answered the resident's question, in stating that the reason they do not locate the towers in residential areas were for the concerns addressed. She stated this clearly places the matter in the hands of the City to determine another location. She stated, if the applicant does not want to construct the tower in the residential area, and the residents don't want it in the residential area, they must find a location that fits the proposed use. . / Diane Bolich, 3060 South Coon Creek Drive, inquired if constructing the tower at the proposed location would change the zoning of the property to a business designation. Mr. Hinzman stated the proposed tower is considered a special use, and requires approval by the City. He stated the zoning would remain R-l, Single Family Rural. He explained in that district, there were provisions for uses that could be approved by the City Council, and this was one of these uses. Ms. Bolich stated she had concerns regarding the location of the tower within the flood plain. She stated, upon purchasing her home, she had been told that area would never be developed because it was in the flood plain, and because it was in a residential area. She stated she had the same concerns as the other residents, in that the proposal did not appear to fit what the area supports. She requested the Commission proceed with caution, and be certain they are making the most appropriate decision for the short and long term. \ . / Eric Nelson, 14457 Jonquil Street, stated he enjoyed his present view, and would not like to see the tower. He stated he had two children of his own, and was concerned regarding the safety issues. Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 21 Debbie Bowler, 14367 Jonquil Street, she stated the tower would be in her backyard. She stated, upon moving to the area, she was told nothing would be built in the proposed location. She stated she had lived at her property since 1987, and was very disappointed. She stated the City of Andover was supposed to be the Edina of the north. She stated she had concerns regarding the safety issues. She stated there was much land in the City of Andover. She stated if someone chose to construct a home next to a tower of this sort, it would be their choice, however, she was there first, and did not want the tower in her back yard. She stated she did not believe any of the Commissioners would want this either. Terry McDonald, 42459 Kerry Street, stated he had heard many issues that required further discussion. He stated he agreed with the applicant in that he preferred not to have the tower in residential areas. I Mr. Gastantini stated during the time the dirt was taken from the resident's backyards, between Kerry and Jonquil Streets, for building pads to allow for the development of houses on the opposite side of the street, the residents had engaged in a dispute with the developer, the contractor and the previous City Council that lasted for two years. He stated the result of this was that the City "bought off' before inspecting the grade. He stated he had shot the grades himself, and could prove they were not correct. He stated the dirt was removed two feet too deep, and the water could not make it to the outgoing drains. He stated he had brought this matter to the attention of the Twin Cities, and made many enemies with his neighbors who thought he was attempting to have their taxes raised to fix his back yard. He stated the City approved something that was not to specifications. He requested the City do their homework this time. "' Ms. Whittacre inquired if there were any of these facilities in residential areas, which could be examined in regard to the health and other issues. Mr. Fisher stated there were several locations. He clarified that he did not intend to represent they do not locate these towers in residential areas. He explained this does occur quite often, in situations similar to this. Mr. Mitchell stated there was a tower located at Grumpy's Bar, and the closest tower to the area was located at Eddie's Auto. Mr. Palbolek inquired regarding the service distance of the proposed tower. Mr. Fisher stated this would depend upon the power, and would not be certain, until they turned on the power and optimized their system. He stated there were several variables. He stated the objectives were to reach Round Lake Boulevard, and the surrounding communities. Mr. Fisher reiterated that it is not their company's first choice to locate in residential areas. He explained that they are looking at this location because it is zoned agricultural. He stated, in regard to interference, they do comply with FCC regulations, which require they shut down operations immediately, and mitigate the problem, if they interfere in any with anyone's equipment. He stated this was the FCC standard. He stated, in regard to the flood plain and other issues, they will abide by all of the guidelines prior to the issuance of a permit, and the provisions will be resolved and met. \ Regular Andover Planning and Zoning Commission Meeting Minutes-August 24,1999 Page 22 , Chair Squires stated the applicant should perform the necessary research to provide information regarding other residential areas, which have these structures. Commissioner Apel stated, prior to making a decision, he would require the questions be answered in regard to placing the structure in the residential area, the location within the flood plain, and the recommendation of the Army Corps of Engineers. He stated he would like copies of the documents Mr. Hentges had submitted, for his personal review, and that of his fellow Commissioners. Commissioner Ape! stated the purpose of the Special Use hearing is to determine if the neighborhood approves of the proposal. He stated it was obvious to him that the neighborhood was opposed to this proposal. He stated this was enough for him, and he would not vote to allow the structure, unless new people moved in to the area and did not object. Lynette Bowers, 14570 Jonquil Street, stated the landowner, Kent Slyzuk, resided next to the water tower, and would not be affected by the proposed placement of the tower. She stated he would only stand to profit. She inquired if this was the last opportunity for the residents to provide their input on the matter. Commissioner Apel stated it was not. He explained that the Commission was an advisory board. , / Ms. Bowers inquired if the residents would be better advised of future meetings. Mr. Hinzman stated he would extend the mailing notice for the next hearing. He noted the date would be set at the end of the meeting. Lloyd Whittacre, 42nd Avenue, stated if the applicant wanted the tower, they should be willing to construct it in the middle of the twenty acre site, and pay for the road and electricity. Bill Hentges stated, in regard to the jurisdiction of the Commission over the location of these towers, the matter had been brought to the US Fourth Circuit Court of Appeals, who rendered a decision on September of 1998. He stated the basis of that decision was as stated "Cities need not issue a detailed written discussion in order to support the decision to deny the construction of the tower, and a decision to deny a request for permission to construct a tower can be based upon the complaints of ordinary citizens who claim that the tower will damage the neighborhood, and denial of the tower siting request is not inherently discriminatory, and provisions of the telecommunications act which states that cities may not make laws prohibiting the provisions of cellular service do not prevent a city from denying an individual applications for approval of a site request." He stated the matter was in the City's hands, and if they wished to deny or allow the proposal, it was within their jurisdiction to do so. Chair Squires noted that this case was heard in Virginia, and they were in a different Circuit. He stated this would be a persuasive argument in the state of Virginia, however, the rules may be different in the state of Minnesota. j Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 23 , . j Colin Track, 2957 141'1 Avenue NW, inquired if the Commission was the body that would recommend the expansion of the notification. Commissioner Apel stated the Commission recommended many things, however, the Council makes the final decision. Mr. Track inquired if there were any regulations in regard to the posting of notification signs. Commissioner Apel stated this was an attempt of the City to improve the notification process, and had been instituted approximately one month ago. He stated it appeared in this case to have caused more confusion, however, it was an attempt to notify and allow people to provide their input. He stated whether or not the development signs work effectively is debatable. Mr. Track inquired, upon issuance of the Special Use Permit, if the applicant can install additional towers without requiring another meeting. Mr. Hinzman stated there would be another meeting required for such a matter. He stated there would have to be an amended Special Use Permit, which would require another public hearing be held, if any additional towers are built onsite. Mr. Track inquired if additional facilities could be attached to the structure. Mr. Johnson stated they could, and there were two possible co-locations. He stated there could be a condition in the permit that requires this be the only tower on site, if the proposal proceeds to that point. Mr. Track thanked the Commission, and stated this was an interesting process. He stated he had seen the meetings on television, and it was nice to see the system working. \ / Nancy Gastantini, 14424 Jonquil Street, stated she has followed the business of the City for many years, and it is apparent to her that the City Council has a bit of a "class problem". She stated it appeared that people in the more expensive homes get what they want, and those that do not, have to fight for everything. She stated if this tower was proposed to be constructed in an area comprised of $200,00 to $300,00 homes, the City would not consider it. She inquired if the health and wellbeing of her children was worth so much less than their children were. Commissioner Apel stated he did not believe the Commission should close the public hearing that evening. Commissioner Hedin stated he would not be comfortable closing the public hearing. Mr. Hinzman suggested the Commission could continue the public hearing if they desired to table the item until the next meeting. Commissioner Apel stated he would move to table this item to the next meeting, to gain further information for review. Chair Squires stated the issues regarding the flood plain and Army Corps of Engineers should be reviewed. Commissioner Apel added that the interference issue should be addressed, as well as the health issues. He requested staff provide the Commission with copies of the documents provided by Mr. Hentges. Commissioner Dalien stated he would like information from USWest. In regard to the radius of locations researched, for this particular tower. He stated he assumed they had parameters regarding the search area. Commissioner Apel requested further information from USWest regarding towers within residential areas in the near vicinity. Commissioner Jovanovich requested staff research the difference in the frequency of the proposed tower, in relation to that of the WCCO television broadcasting facility. Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 24 , Commissioner Daninger stated he would like further information regarding the future of the proposed technology. He stated he would like to hear of an alternative site. He stated the water tower might be a better site, and they might obtain a commitment from the City as to when the proposed reconstruction would occur. He stated it might be less expensive to reinstall another system on the new water tower, than to build a road and center the tower in the twenty-acre site. Commissioner Apel inquired if Commissioner Daninger would be comfortable with the use of the twenty-acre site, if the tower was constructed in the center of the parcel. Commissioner Daninger stated he was uncertain, but believed this would provide more options. He stated they could not make everyone happy. He stated it was likely that everyone in the audience utilized a cellular telephone, particularly for a 911 call. He stated he had heard a cellular telephone in the audience that evenmg. Commissioner Falk stated he agreed. He stated, during a prior request for a pipeline, the Commission was provided with a primary and alternate route. He stated he would like to see this for the present proposal, in the form of a map. He stated he was presently not in favor of the proposal. , I Commissioner Hedin requested the applicant provide the Commission with copies of resident complaints associated with the facilities located at Grumpy's Bar and Eddie's Auto, to assist in determining the issues, and whether or not they were resolved to the satisfaction of the complainant. Mr. Fisher stated he would. Commissioner Apel stated these were both commercial sites, however, they were located in residential areas. "' Chair Squires stated he would like to be provided with guidance from the City Attorney regarding the City's options in regard to the Telecommunications Act of 1996. He noted the Court in Virginia stated a city in the state of Virginia has some jurisdiction, however the City of Andover retains an attorney to provide guidance regarding what they can and can not take into consideration. Chair Squires stated he would also request further guidance from staff in regard to the twenty-acre minimum, in regard to the interpretation, and if it intends that the pole be located somewhere within the interior of the twenty acre parcel. He stated several people have indicated this requirement is to provide a buffer, and if so, the tower should be located in the center of the parcel. Commissioner Apel stated he agreed. He stated it does not appear logical to have this requirement and allow them to place the structure in a corner of it the site. Commissioner Daninger requested further information regarding the notification procedures of the City. Motion by Apel, seconded by Hedin, to Table the Consideration and Recommendation of Resolution No. _, a Resolution Granting the Special Use Permit Request of USWest Wireless for the Construction of a Wireless Communication Facility (PCS Antenna/Tower - 150 Feet in Height from Ground level) on the Property Located at 3lXX South Coon Creek Drive, NW, Legally Described as , . / Regular Andover Planning and Zoning Commission lvleeting Minutes - October 12, 1999 Page /0 The objecting audience member stated he had the right to voice his opinion. Acting Chair Apel stated he certainly did, however, he should understand that the discussion is getting out of hand, and he may decide to curtail it. He explained that the Commission had already heard the opposition to this proposal, and were fully aware of it. He pointed out that if it was necessary he could limit the public forum and the minutes as well, and would do so, if necessary, unless someone presented information that had not been previously stated. Mike Becker, 14436 Jonquil Street NW, stated one of the issues brought up earlier related to the fines of US West Wireless in 1996. He explained the applicant was fined by the Attorney General's Office for performance issues, and had announced they would donate this fine to the community school library services. He stated the ongoing fmes are related to a meeting that he had with. the Public Utilities Commission many months prior, at which a case was decided in his favor, and US West Wireless still pays fines for issues related to services. Mr. Becker apologized for not being involved in this matter prior to this meeting. He noted the statement that this was a new issue, and inquired if this represented the entire process was to be undertaken again. He stated his concern was that this proposal might set a precedent in a residential area. He explained if the proposal is approved, it will be set a precedent to allow these towers in "' residential areas. / Mr. Becker stated it would be responsible for the Commission to decline this request based upon the ongoing potential cost to the taxpayers, as relates to environmental impact requirements which may be sought, as well as potential litigation costs, if the community chooses to object to the decision, should it be approved and constructed. He stated the residents who live in the area could best indicate the effect to the property values as a result of this proposal. Mr. Becker stated the Commissioners were the representatives of the people, and requested they vote according to the wishes of their constituency, and in the best interest of the City of Andover. Dave Fischer, representative of US West Wireless, the applicant, expressed his thanks to Mr. Hinzman for his comprehensive site plan summary. .He clarified that the proposed tower would not require any lighting as it will be less than 200 feet in height, and according to FAA requirement compliance. lighting \vill not be required. He stated they would comply with the Environmental Protection Agency, in relation to the flood plain and other issues. Mr. Fischer stated the proposed site is within the zoning compliance and regulations. "' ) Mr. Fischer pointed out that they have been pursuing a site in the Andover area since November of 1998. He explained they have looked at several different locations including the water tower, and had recently conducted a drive test, which indicated it would provide marginal coverage for them. Mr. Fischer stated they had researched several different ground build opportunities, however, they were outside of the service range. Regular Andover Planning and Zoning Commission Aleeting Minutes - October 12, 1999 Page 11 , / Mr. Fischer commented there are other service providers in the area, however, US West Wireless feels it is very important they bring another carrier into the area, in order to provide more competitive rates to the consumers. He requested the proposed site be approved. Mr. Becker inquired if US West had performed an environmental assessment. Mr. Fischer stated they had not. Mr. Becker inquired if the cost of construction would be higher in a commercial zoned area. Mr. Fischer stated they were attempting to find a location in agricultural, industrial, or rural zoned areas. Mr. Becker inquired if Mr. Fisher was aware if costs of constructing the tower were higher in commercially zoned properties. Mr. Fisher stated the consideration was to fmd a location that was acceptable in terms of coverage area and co-location. Mr. Hentges inquired regarding the necessity of a tower 150 feet in height. Mr. Fisher stated the height of the structure was based upon their design requirements, and the location of other sites in relation to the proposed tower. \ ) Mr. Hentges inquired if it would be possible to co-locate this facility on the water tower and meet the coverage area. Mr. Fischer explained that this would not be acceptable in terms of meeting the design requirements. Mr. Hentges inquired regarding other residential areas in which US West Wireless had constructed 1 50-foot towers. Mr. Fischer stated he was uncertain. Acting Chair Apel advised he would close the debate at 8:00 p.m., and invited anyone else desiring to speak before the Commission to do so at this time. Mrs. Piacentini, 14424 Jonquil Street stated she was opposed to the proposal. She stated the residents did not want the tower, and in light of the other providers in the area, the additional service was not necessary. She asked how much income this proposal represented for US West Wireless. Steven Mangold. Regional Real Estate Manager for US West Wireless, stated the applicant is licensed to operate by the Federal government, and a requirement of their license is to provide service to the areas they are licensed in. He noted it was also a matter of good business to provide these services in Andover, as they have received a number of complaints regarding service, and this was the factor that generated the proposed site. He explained they must maintain their license agreement with the Federal government, which requires they must provide the service for the area in which they are licensed. / Regular Andover Planning and Zoning Commission Meeting Minutes - October 12, 1999 Page 12 / Mohammed , Design Engineer for US West Wireless, stated the reason they desired to construct the tower on the proposed site is because if the towers are constructed in too close a proximity to each other, they will experience interference. He explained the height of the tower was required, as it would be quite a distance from the town area, and the higher the tower, the more coverage they can obtain. Mr. Hentges inquired if the applicant would not receive the same amount of coverage by constructing their facility on top of the water tower. Mohammed explained they would not obtain the same coverage, as the area is wide Mr. Piacentini inquired regarding the coverage difference between alOO-foot and 150-foot tower. Mohammed stated without calculations he could not answer this question. He stated, however, they required the I 50-foot height in order to reach their coverage area objective. Acting Chair Apel closed the debate at 8:03 p.m. Commissioner Daninger inquired if he took a cellular telephone to the proposed site, would it work. Mohammed stated this would depend upon how many people are using the service at that time. , Commissioner Daninger inquired if he took his cellular telephone to the site during non-peak time, would it work. Mohammed stated that the quality would be very poor. } Commissioner Hedin inquired if there was any other location on the twenty-acre parcel that was not in the flood zone, where the antenna could be placed. Mr. Fischer stated the proposed site best meets their objective, as well as the property owner's preference for the location of the tower. Commissioner Hedin inquired if there was any other place further into the interior, or farther away from the residential areas where the structure could be reasonably placed. Mr. Fischer stated not within the discretion of the property owner Acting Chair Apel explained the Commission was looking for a yes or no answer. Mr. Fischer stated he did not know. He explained that another location could be discussed, however, the landowner would have to agree to this. He stated their landowner was willing to allow the tower to be located at the site they are proposing. Commissioner Hedin stated, in his understanding the remainder of the parcel that is needed IS agricultural, which is not located within the flood plan. Mr. Fischer stated this was correct. Commissioner Hedin inquired, therefore, was it not possible to place the structure elsewhere on the twenty-acre parcel, away from the residential area, if the property owner would permit this. Mr. Fischer stated this was correct. '. / Regular Andover Planning and Zoning Commission Jleering Minutes - October 12, 1999 Page 13 / Commissioner Hedin inquired if the only other problem with doing this would be the cost of installing utility lines, and constructing a roadway to access the structure. Mr. Fischer indicated this was correct, and the fact that the lando\\ffier would have to drive around the structure in his field. Commissioner Hedin stated he understood this. He asked, however, if there was any other location on the twenty-acre parcel that would satisfy US West Wireless' need for a tower in this area. Mr. Fischer stated another area would achieve the objective, however, it would not be their preference. Commissioner Falk inquired regarding the setback requirement of the tower from the road. Mr. Hinzman stated the setback requirement was equivalent to the fall-zone of the tower. He stated they have received some information from one of the structural engineers that the tower would collapse onto itself, if it were to fall, however, staff will review the design engineer's report for further clarification. He stated the 110-foot setback from the roadway is a sufficient setback for the City Ordinance, because the fall-zone indicated by the structural engineer would be within that area, and not a public road. There was no other public input. , ,J Motion by Daninger, seconded by Falk, to close the public hearing at 8:08 p.m. Motion carried on a 5-ayes, O-nays, vote, 2-absent vote. Acting Chair Apel stated the Commission had heard much discussion on this subject. He suggested the individual Commission members provide their opinions. Commissioner Dalien stated the area he would focus upon in Ordinance No.8, is Item 3, the effect on values of property and scenic views in the surrounding area. He commented this seemed to be the major issue brought forward by the neighborhood. He stated he would agree with the residents who spoke in that he would not want the view to be interrupted by a ISO-foot tower. He stated he understood the technology used by all requires these facilities, however, he would hope they could find more appropriate places to locate them. He stated he would vote against placing the tower in this particular location. Commissioner Daninger stated he thought the ordinance was not beneficial to US West Wireless. He explained that the applicant had spent much time on this proposal, based upon how the ordinance was written, and if it was changed, and they had been aware of this 'at the beginning they may have saved some time. His stated he had asked if a cellular telephone would work at this location, and he understood they were attempting to obtain promulgation beyond that point, and did not doubt that. He pointed out, however, he would not want a tower in his backyard, and based upon the scenic view provision of the ordinance, would request denial of the application at this time. " ) Regular Andover Planning and Zoning Commission Meeting Minutes - October 12, 1999 Page 1-1 Commissioner Falk stated prior to the current debate, he had circled Item 3 of Ordinance 8 regarding property values. He stated he would not want this tower to be located in his back yard. He explained he has a cellular telephone, as he believed the majority of people present do, and he becomes frustrated when he can not get a signal. He stated he would side with US West Wireless in their attempt to provide service so that their customers can communicate with each other via cellular telephones. He reiterated, however, he would not want this tower in his backyard. He stated he was voting for denial of the tower. Commissioner Hedin stated he also used a cellular telephone, which fluctuates between digital and analog technology. He stated the proposed tower would likely benefit him. He explained, however, scenic views are important. He pointed out that 150 people have indicated they do not want the tower, and he has not heard anyone who was in favor of the tower. He stated the applicant missed the opportunity to educate the Commission regarding why they required a 150-foot tower, instead of a 120 or 125-foot tower, as well as the opportunity to inform the Commission why any other location on the property would or would not have worked. He stated it was overwhelmingly the public's desire not to have the tower, therefore, he would vote for denial. , Acting Chair Apel stated a more basic question was presented in this consideration than the applicant's right to build, and this is the concept of the Special Use Permit. He explained the Special Use Permit was designed to test the neighborhood, to determine if it would accept a proposal coming forward, therefore, it is the neighborhood that is important, and the neighborhood does not want the tower. He stated there must be an extremely compelling reason to impose such a thing upon a neighborhood. He stated this basic concept is often overlooked, because people seem to think Special or Conditional Use Permits are a right, however, they are not a right, they are simply a means to test a neighborhood. He stated more importantly, in this specific case, the proposed site was not appropriate for a commercial enterprise, regardless of its nature. He stated it would change the nature of the neighborhood significantly, and the tower is an "eyesore." J Acting Chair Apel stated he believed everyone had spent time reviewing the Fourth Circuit Court of Appeals ruling, which reiterated the rights of citizens to protect their neighborhood in regard to a similar installation. He explained in this specific case, there was significant amount of money involved for the landowner, however, the District Court directed the Council who had denied the proposal to let the paella have their right to the Conditional Use Permit, and the Fourth District Court reversed that decision. He stated he believed this points to the fact that Conditional Use Permits should be controlled and guided by different considerations. He noted there are no such towers in residential areas at present, and US West Wireless has not answered the request to provide the residents with a list of such towers in residentially zoned areas. He explained that this did not mean that if they had provided a list, the Commission would have gone along with this proposal. as he did not believe they could. He stated he would vote for denial. / Regular Andover Planning and Zoning Commission ,\feeting Minutes - October 12, 1999 Page 15 . / Commissioner Dalien stated he would move to recommend denial of the Special Use Permit, and indicate the reason for denial is that the residents do not want it, due to their concerns regarding the affect to property values and scenic views in the surrounding area. Acting Chair Apel stated he would also indicate that Andover has none of these towers in residential areas at present, and the Commission does not desire to set a precedent. Commissioner Dalien stated he agreed. Acting Chair Apel stated he would further indicate that the relocation of the tower 100 feet west of the original site has not adequately addressed the flood plain and endangered wetland concerns, and these issues were not resolved. Commissioner Dalien stated he agreed Motion by Dalien, seconded by Falk, to recommend to the City Council approval of the Resolution No. , a Resolution Denying the Special Use Permit Request of US West Wireless for the Construction of a Wireless Communication Facility (PCS Antennaffower - 150 Feet in Height From Ground Level) on the Property Located at 32XX South Coon Creek Drive NW (Pin # 29-32-24-41- , 0003), Legally Described as the East 615 Feet of the NE Y4 of the SE Y4 Lying Northerly of the / Northerly Right-of-Way Line of South Coon Creek Drive NW, Excluding Roads Subject to Easement of Record, for Reasons Including the Concerns of the Neighborhood in Regard to the Effect to the Property Values and Scenic Views in the Surrounding Areas, and that None of These Towers are Presently Located Within the Residential Areas of the City of Andover, and the Commission Does Not Desire to Set a Precedent, and the Issues Regarding the Flood Plain and Endangered Wetland Have Not Been Adequately Addressed. Motion carried on a 5-ayes, a-nays, 2- absent vote. Mr. Hinzman stated this item would be considered at the November 2, 1999 City Council meeting PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-17) - LAND RECLAMATION - 27xx SOUTH COON CREEK DRIVE NW - DIONICIO BORJA. City Planner, John Hinzman stated the Planning and Zoning Commission is asked to approve a Special Use Permit for land reclamation at 27xx South Coon Creek Drive NW. The subject property is located between South Coon Creek Drive and Coon Creek, to the east of South Coon Creek Drive, and adjacent to Kensington Estates. He stated the property is zoned R-l, Single Family Rural. Mr. Hinzman reviewed the applicable ordinances and the criteria presented. , I / Mr. Hinzman stated the applicant proposes to replace approximately 2,600 cubic yards of sand with clean fill, to replace some of the topsoil that was lost in the area due to wind erosion that has egl.llar Andover Planning and Zoning Commission Aleeting 'nutes - October 12. 1999 Pa 16 o .I occurre ver the years. He indicated that some of the fill has already been brought onto necessitati the Special Use Permit, which is required when more than 400 cubic yards fill are brought onto e property. He explained that the finished grades would bring the elevatio of the site up between on and four feet. Mr. Hinzman stat the proposed site is buffered to the north by trees and Coo south by South Coo Creek Drive. He noted the nearest resident is located ov 350 feet from the subject property. He ated staff will require the applicant to provide a fm determination of the 100-year flood elevation. He explained that staff has determined the flood evation through FEMA maps, however, requires a oser delineation of the plan, and a condition at this be better identified has been included in the reso tion. Mr. Hinzman reviewed the Co ission's options for action. of the Special Use Permit, pursuan 0 the submittal of the final flood elevation, and the exclusion of at land from the gradin He ted staff recommends approval ding plan identifying the 100-year illotion by Falk, seconded by Hedin to 0 en the public he 'ng at 8:19 p.m. Motion carried on a 5- ayes, O-nays, 2-absent vote. Mr. Hinzman advised staff will g 0 the site during the applica 'on process, and examine the grading as it continues, to insure it is up, 0 contour. He indicated at that ( e, staff will also insure that clean fill is being brought onto th site, adding there is an agreement 0 tween the City and the property owner to verify that the fill' clean. ount of fill brought onto the site prior to There was no public input. , J Motion by Hedin, seconded by Daninger to cl e t e public hearing at 8:20 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. Commissioner Falk inquired how the C approval of the Special Use Permit. Commissioner Falk in ired how staff would verify that the fill previo ly brought onto the site is clean. Mr. Hinzma stated this would be more difficult to determine, ho ever. staff will examine the site in this re ard as well. Acting Chair Apel pointed out that 400 c bic yards of fill were allowed on the . e without necessitating a Special Use Permit. Motion D mger, seconded by Hedin to Recommend Approval of Resolutio No. R -99, a Resolutio Approving a Special Land Use Permit for Land Reclamation for Dionici OIja on Land Locate at 27XX South Coon Creek Drive NW (PIN 28-32-24-13-0003). Motion c Oed on a 5- , ayes -nays, 2-absent vote. , / i c Regular Andover Planning and Zoning Commission Meeting Minutes -August 24, 1999 Page 9 , / Commissioner Falk inquired if the old septic system would be removed. Mr. Hinzman stated it would be. Motion by Apel, seconded by Hedin, to open the public hearing at 7:38 p.m. Motion carried on a 7- ayes, a-nays, a-absent vote. Commissioner Apel stated these situations would come before the Commission from time to time, as they had in the past. He stated when the shoreline ordinances were adopted a few years prior, the City of Andover was provided with a less broad decision making function than the city of Ramsey. He stated many of the homes that were built prior to 1975 were actually in the city of Ramsey. He stated, due to the trading of land several years prior, the land in Andover is now on the east side of the Rum River, and the land along the river that was previously in Andover, is now a part of Ramsey, on the west side of the river. He stated, in light of this, these situations are not unusual, particularly as the septic systems in this location are aging. Mary Anderson stated she owned property adjacent to the applicant, and she was the person who had had her septic tank installed a few years prior. She stated she planned to live in her home for a long time, however, in the event that she might wish to sell her lot in the future, she inquired if she could obtain a map showing the location of the proposed septic system, for her records. Mr. Hinzman stated he would provide Ms. Anderson with the requested information. / Motion by Apel, seconded by Hedin, to close the public hearing at 8:42 p.m. Motion carried on a 7- ayes, a-nays, a-absent vote. Motion by Daninger, seconded by Falk, to Recommend to the City Council Approval of Resolution No. R_-99, a Resolution Approving the Variance Request of Gordon Engels to Vary Approximately 40 Feet From the 100 Foot Minimum Setback From the Ordinary High Water Mark of the Rum River Pursuant to Ordinance 233, at 5183, 159lh Avenue NW (PIN 13-32-25-42-0003). Motion carried on a 7-ayes, a-nays, a-absent vote. Mr. Hinzman stated this item would be considered at the September 7, 1999, City Council meeting. @PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-115) ANENNA IN EXCESS OF 35 4 FEET IN HEIGHT - 31xx SOUTH COON CREEK DRIVE NW - US WEST WIRELESS, LLC. Zoning Administrator Jeff Johnson stated the Planning and Zoning Commission is requested to hold a public hearing to review the request of US West Wireless to construct a Wireless Communications Facility, (antenna/tower) on the property located on the 3100 block of South Coon Creek Drive. He stated the subject property is zoned R-l, Single Family Rural and is 10.3 acres in size. / Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 10 . , Mr. Johnson stated one of the applicable ordinances is Ordinance 113, which regulates the construction and maintenance of private and commercial antennas and towers, and requires a Special Use Permit prior to construction of any tower/antenna in excess of thirty-five (35) feet in height. He stated this ordinance allows for an antenna to be mounted on a single pole (monopole), so long as it does not exceed one hundred fifty (150) feet in height from ground level. Mr. Johnson stated that that Ordinance 113 requires a minimum of twenty (20) acres for telecommunication towers that are located in residential zoned districts, with a condition, as stated in the permit, that requires the applicant create a site with a minimum acreage requirement of twenty (20) acres. He stated the property owner does own property to the north of the proposed site, and staff has requested the property line be moved north to accommodate that minimum acreage requirement. Mr. Johnson stated Ordinance 113 also requires that all antennas/towers meet landscaping and screening requirements that are acceptable and approved by the City Council. He stated the applicant is required to submit a commercial site plan application to the City, and this has been done. He stated, additionally the applicant will be required to address screening, landscaping, security, and other pertinent issues that are addressed by staff through the review process, prior to construction. '. Mr. Johnson stated the other applicable ordinance is Ordinance No.8, Section 5.03, Special Uses. He provided an overview of this ordinance, and the criteria presented. , l Mr. Johnson stated US West Wireless plans to enter into a lease agreement with the current property owner (Ken and Mary Ann Slyzuk, who reside at 15211 Nightingale Street NW) to lease approximately 400 square feet upon which a PCS wireless communications structure and ground equipment will be placed. He stated the proposed leased space is located near the front of the lot, in close proximity to South Coon Creek Drive. Mr. Johnson stated, at this point in the proposal, staff has not received a land survey of the property, which the applicant is required to submit. He stated it would be requested that the telecommunications tower be at least forty (40) feet from the property right-of-way. Mr. Johnson stated the proposed monopole tower will be made of steel, and will extend 150 feet above the existing grade. He stated there would be six directional panel type antennas mounted on the tower, which are 4 feet long by 7Y2 inches wide, by 2Y2 inches deep. He stated two weather resistant cabinets would be placed near the base of the tower, to house the equipment. In addition, there will be a fence and landscaping around the leased area to screen the ground equipment from the adjacent properties and rights-of-way, and prevent unauthorized entry. Mr. Johnson stated the Commission had the option to recommend the approval or denial of the request to the City Council. He stated a resolution had been provided for the Commission's review, , which contains four conditions. He stated one ofthe conditions indicates the Special Use Permit will I Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 11 , j be subject to annual review and site inspection by City staff. The second condition provides that the applicant shall receive commercial site plan approval from staff prior to the issuance of the Building Permit. He stated the third condition indicates the applicant will create and maintain a parcel of land not less than twenty (20) acres in size, upon which the telecommunications tower will be constructed, and the parcel shall not be subdivided, unless the tower is removed from the site. Mr. Johnson stated the fourth condition indicates the Special Use Permit shall be subject to the sunset clause as defined in the City's Zoning Ordinance. Commissioner Hedin stated staff had indicated the tower would be located 40 feet from the right-of- way. He stated it was his understanding that the tower be set back at least the distance of the height of the tower. Mr. Johnson stated the ordinance requires that the setback from the property lines be an equal distance or greater than the height of the pole, unless a qualified structural engineer specifies in writing that any collapse of the pole will occur within a lesser distance. He stated the applicant has submitted documentation from their engineer, which addresses this, and could speak to this issue. Chair Squires inquired how it was possible the pole could fall less distance than its height. Commissioner Apel stated that it could buckle and collapse into itself. ~ Commissioner Falk inquired if the proposed site was buildable. City Planner, John Hinzman stated staff had not conducted a detailed analysis of the land. He stated a creek ran through the property, which is low area, and there is a large amount of peat on the site, although no borings have been performed, to his knowledge. He stated the site is outside the City's urban service area for 2020, and it does not appear that urban services will be extended to that area in the future. He stated, in regard to residential uses, the question of whether or not the land is buildable remains unanswered at this time. He stated, in regard to the use of the land for the tower, a determination will be made upon the submission of the drainage plan, as part of the commercial site plan review. " Commissioner Hedin inquired if the resolution specified the property will not be further developed, if the tower is constructed on that site. Mr. Johnson stated that one ofthe conditions in the resolution did indicate this specification. He stated staff had consulted with the City Attorney, who recommended they ensure the site be equivalent to twenty (20) acres or more, and the resolution clarifies that the property shall not be subdivided, unless the tower is removed. Commissioner Falk inquired if the owner of the property would be relinquishing the entire excess land to accommodate the applicant's proposal. Commissioner Apel stated the owner would lease the property to the applicant. Mr. Johnson stated the applicant required an additional ten acres, and the property owner could easily meet that requirement. Mr. Hinzman stated staff had relayed a consideration to the property owner, which indicates if the lease is undertaken on the property for the cell tower, the twenty acres must be maintained. He stated there may be an option to build a residential structure on the property without subdividing it, however, and intensive subdivision of that property for homes would not be allowed, unless the cell tower is removed. He stated this would obviously depend upon whether or not the property is buildable. Regular Andover Planning and Zoning Commission Meeting Minutes - August 24, 1999 Page 12 " Commissioner Hedin requested clarification of the property maintenance requirements. Mr. Hinzman stated the only requirement staff indicates is the maintenance of the property size. He stated in regard to the activities on the property, there were no further regulations. He explained if the use of the cell tower is approved, it would be allowed on the site, however, any other proposed use would be subject to the City's zoning ordinances. Chair Squires inquired if staff had intended the maintenance requirement to provide that the property not be subdivided, and that the physical size of the property be maintained. Mr. Hinzman stated this was correct. He stated staff could clarify this stipulation in the resolution. Commissioner Hedin requested clarification of the Sunset Clause. Mr. Johnson stated this clause requires that some action to proceed with the proposal must be taken within one year. Commissioner Daninger stated the ordinance specifies a twenty acres requirement for the proposed site. He inquired if the intent was to place the tower in the middle of the twenty acres. Commissioner Apel stated this stipulation was to discourage the construction of these antennas in the R-4 District. Mr. Johnson stated the intent of the stipulation was also to provide a buffer to the adjacent properties. "\ Commissioner Hedin stated the Special Use Permit was subject to annual review. He inquired what would cause the Special Use Permit to be voided. Mr. Johnson stated the Special Use Permit could be revoked due to complaints or the concerns of the residents. Commissioner Apel explained these could be health, safety, and welfare issues. Mr. Hinzman stated that very few Special Use Permits were revoked in the past, however, if there are a number of concerns, the process is utilized to bring the matter forward to the City Council, who would then decide whether or not to revoke the permit. He explained this clause was available in the event that something occurred, which had not been anticipated. J Commissioner Hedin inquired if the City would have any liability if they were to require the tower be removed. Mr. Hinzman stated the City would have to have just cause to do so, such as a violation concerning the health, safety, and general welfare provisions, which regulate the Special Use Permit. Motion by Falk, seconded by Apel, to open the public hearing at 7:58 p.m. Motion carried on a 7- ayes, O-nays, O-absent vote. David Fisher, representative of USWest Wireless, stated their company was attempting to provide wireless communications to the area, and in the process of doing this they look at the locations of existing structures with which to co-locate. He stated, in this situation, they were unable to co-locate with the City's water tower structure, due to uncertainties regarding its future reconstruction. He stated they were unable to locate to the north, due to their design, and the location of the connecting site to the south, in Coon Rapids. He stated they were forced to this location. He stated that they typically attempt to stay away from residential areas when researching sites for the monopole , structure. He stated the property owner of the proposed site had land available, with an irrigation I , CITY of ANDOVER / PLANNING AND ZONING COMiWISSION MEETING - OCTOBER 12, 19~9 MINUTES , - ~ ".. ._....~:~-:::::.:..".:. . ~.... . -' . ,":: ~-'. ;.- . -"'-."-." The Regular Bi-Monthly Meeting of the Andover Planning and Zoning Commission was call~d to. . . order by Acting Chairperson Maynard Apel on October 12, 1999, 7:03 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. '. . . .'. . ..: Commissioners present: Maynard Apel, Larry Dalien, Dean Daninger, Douglas Falk, and Mark Hedin. Bev Jovanovich, and Jay Squii:es. City Planner, John Hinzman' Planning Intern, Megan Barnett Others ". ':.". - . Commissioners absent: Also present: . ~.~.:. .:. APPROVAL OFMINUTES. September 28. 1999 . / J'rlotion by Hedin, seconded by Dalien, the Minutes be approved as submitted. Motion carried on a 5-ayes, O-nays, 2-absent vote. PUBLIC HEARING: SPECIAL USE PER.i.l1IT (SUP 99-18) - ANTENNA IN EXCESS OF 35 FEET IN HEIGHT - 32XX SOUTH COON CREEK DRIVE NW - US WEST WIRELESS, LLe. City Planner, John Hinzman stated the Planning and Zoning Commission is asked to hold a public hearing to review the request of US West Wireless to construct a Wireless Communications Facility (antenna/tower) on the property located at 32xx South Coon Creek Drive NW. Mr. Hinzman stated the subject property is located just west of the crossing of South Coon Creek Drive and Coon Creek, and to the North of the Woodland Creek Golf Course. Mr. Hinzman stated the property is zoned R-t. Single Family Rural, and is 17.3 acres in size. ~Ir. Hinzman reviewed the applicable ordinances, and the crite.pa presented. He explained Ordinance No. 113, which regulates antennas and towers, regulates the construction and maintenance of private and commercial antennas and towers, and requires a Special Use Permit prior to construction of any tower/antenna in excess of thirty-five (35) feet in height. '\ ~ Mr. Hinzman stated Ordinance No. I 13 requires minimum of t\venty (20) acres on a parcel for telecommunication towers that are located in residential area. and additional acreage ."vill need to be Regular Andover Planning and Zoning Commission Meeting Minutes - October 12, 1999 Page 2 \, ) acquired on this parcel to meet this t\venty (20) acre provision. He explained the applicant and the landowner are aware of this provision. Mr. Hinzman stated landscaping and screening must be provided with the site, and the applicant will go through the Commercial Site Plan process, upon approval of the Special Use Permit, as well. Mr. Hinzman stated the Special Use provision of Ordinance 8 is applicable in terms of the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. Also applicable are the criteria relating to traffic conditions, including parking facilities upon the property, the effect on property values and scenic views, and the effect of the use on the Comprehensive Plan. Mr. Hinzman explained that the site located approximately 110 feet off of South Coon Creek Drive. He noted the site has been reviewed for buildability, and the City Engineer has verified that the site is located outside the 100-year flood plain, and the property is buildable. Mr. Hinzman stated there is a residential area to the west of the subject property, which is zoned R-4, Single Family Urban, and the nearest residence is approximately 500 feet in that direction. He noted there were also some rural residences along South Coon Creek Drive to the east, with Woodland Creek Golf Course to the South, and an agricultural area to the north of Coon Creek. \ J Mr. Hinzman explained the proposed antenna will consist of a single monopole structure, 150 feet in height. There will be six (6) directional panels on the structure, four (4) feet long, seven and one- half (7.5) inches wide, and two and one-half (2.5) inches in depth. Mr. Hinzman explained two of these panels will be placed at the ISO-foot level, and four panels will be located at the 120-foot level of the structure. There is additional space on the structure to provide for co-location of other PCS uses in the future. Mr. Hinzman stated the ground equipment would consist of two weather resistant cabinets, approximately 1\\10 and one-half (2.5) by two and one-half (2.5) by five (5) feet in size, to house equipment near the base of the structure, and fencing and landscaping will be provided around the equipment for screening purposes. Mr. Hinzman noted the Commission has recently considered the previous request to locate this structure to the east of the proposed site, and a number of questions came forward as a result of that discussion. He explained the site has been verified by the City Engineer, and is not located within the flood plain, which was a concern in terms of the original site. He noted in regard to issues of interference with other communications facilities, Mr. Anthony Segale, Executive Director for US West Wireless, has provided a letter which explains the facilities and operations of the US West, and clarifies the FCC regulations in this regard. Mr. Hinzman explained that the applicant operates w'ithin the two-Gigahertz frequency band, and must remain within that frequency, pursuant to their J FCC license requirements. Regular Andover Planning and Zoning Commission "-leeting lvlinutes - October 12, 1999 Page 3 / Mr. Hinzman noted concerns regarding health and safety issues. He commented that US West Wireless has provided information regarding Radio Frequency Safety near PCS Cell Sites, and indicates that they work within the standards of the FCC. Mr. Hinzman stated Mr. Dave Fisher of US West Wireless has indicated they have researched alternative locations in the Andover area, including the City water tower, other private property, and a park in the same location. He stated, however, the applicant feels the proposed site is the best site for the facility, and would like to proceed with the Special Use Permit request. Mr. Hinzman stated the applicant has indicated they operate approximately 300 cell towers within the Twin Cities area, and the residential requirements in each of these areas differ. He stated they look primarily for rural agricultural areas in which to install these structures, and as the proposed'site consists of agricultural use, they desire to proceed at this location Mr. Hinzman stated the applicant was requested to provide a list of complaints in regard to the telecommunication tower located at Grumpy's Bar in Coon Rapids, and additional correspondence from Mr. Segale indicates they have received no complaints regarding this facility. '\ J Mr. Hinzman stated that questions were raised regarding the issues the City may consider in approving the Special Use Permit, in relation to the Telecommunications act of 1996, and the restrictions placed upon cell tower facilities. He explained he has received a letter from City Attorney, William Hawkins, which indicates that cities have discretion as to where the cell towers may be located, however, they may not outlaw the facilities altogether. He advised there must be a substantial issue cited in the areas of health, safety, and general welfare concerns, in order to deny the Special Use Permit. Commissioner Falk asked if this was a continuation of the previous public hearing. Mr. Hinzman explained this is a new public hearing, as the applicant has withdrawn their previous request, which was located upon a separate parcel of record. He noted the proposed site is approximately 150 west of the original site, which is also owned by Ken Slyzuk. Commissioner Hedin inquired regarding the height of the tower located on the comer of County Road 20 and Round Lake Boulevard. Mr. Hinzman explained this tower is 150 feet in height. Commissioner Hedin inquired regarding the height of the water tower located at City Hall. " , ) Mr. Hinzman stated the water tower was approximately 160 feet in height. Regular Andover Planning and Zoning Commission ,\leering Minutes - October 12, 1999 Page 4 ; Commission Daninger inquired how many towers \vere located \vithin the City. Mr. Hinzman stated there were two facilities located upon the water tower, a single monopole on County Road 20 and Round Lake Boulevard, and a facility that was approved for construction at Eddie's Auto on Bunker Lake Boulevard. He stated he was not certain if the cell tower at Eddie's Auto had been constructed to date. He commented the water tower at City Hall was located within the residential zoning district, and the other two locations were zoned for industrial uses. Motion by Hedin, seconded by Falk, to open the public hearing at 7:14 p.m. Motion carried on a 5- ayes, O-nays, vote, 2-absent vote. Bill Hentges, 3061 142nd Lane NW, stated he was one of the property owners notified regarding the original cell tower proposal, and again, for the current proposal. He requested the Planning and Zoning Commission deny the Special Use Permit application on a number of different grounds. Mr. Hentges stated Ordinance No.8 indicates criteria regarding the effect of the proposed use upon the health, safety, moral, and general welfare of the occupants of the surrounding land. He noted there was a residential area located immediately west of the proposed site, and although he was ware the tower would be operating within FCC standards, the FCC has not come forward with a \ categorical indication that there is no hannful effect from these towers. He stated the current Office J of Engineering Bulletin, No. 56, issued by the FCC, indicates "\\!hile the possibility of non-thermal biological effects may exist, whether or not such effects may indicate a human health hazard is not presently known. Further research is needed to determine the generality of such effects, and their possible relevance, if any, to human health. In the meantime, standard setting organizations and government agencies continue to monitor the latest experimental findings to confirm their validity, and determine whether alterations in safety limits are needed in order to protect human health.' Mr. Hentges advised, while the FCC, at this point, has not stated the etTects are harmful, they are also very careful to indicate they have not determined there is no hann presented to humans. He commented the majority of the residents would prefer not to be guinea pigs, at this point. Mr. Hentges stated the provision of Ordinance No.8, in regard to the effect of the proposed use upon the property values and scenic views of the surrounding areas is applicable in this case. He noted several of the residents in this area are very concerned in this regard, as they have only recently moved into the area, and may not have purchased these properties, had the tower been located at this site. He explained that when they sell their land, it is very likely they will not be able to obtain the same amount as they would if the cell tower was not there, and this represents an effect upon the property values. Mr. Hentges stated that several of the audience members had spoken to realtors, who have indicated that the proximity of their property to the tower may affect the type of financing they are able to obtain, and some types of government financing may not be available at all. Other realtors have , , / Regular Andover Planning and Zoning Commission .\leeting Minutes - October 12, 1999 Page 5 indicated that even if the tower is within the range of visibility, it will affect the salability of the property. Mr. Hentges stated the picture of the tower provided by the applicant was not a proper representation of the scale of the tower in relationship to the trees on the site. He stated the tallest tree on the property is approximately 42 feet in height, and the tower will be 100 feet above the tree line, which will be very visible from the neighborhood immediately adjacent to it, and in the surrounding area. He provided the Commission with pictures of other towers in the surrounding area, and explained that even from a substantial distance the towers dominate the skyline. He stated the proposed tower would defInitely affect the property values in the surrounding area. Mr. Hentges stated that the City's Comprehensive Plan and the powers of the City provide the Commission the authority to determine where these towers will be located, as long as they proVide some location and do not discriminate against providers. He cited a specifIc example of this as referenced in the FCC's Fact Sheet No.2, which indicates "the contraries do not intend that if a State or local government grants a permit for a commercial district, that it must also grant a permit to a competitor's 50-foot tower in a residential district." He acknowledged, however, it does indicate that the City can not discriminate against providers. J Mr. Hentges explained that once a permit is granted in a residential area, or any special exemptions are made for a tower to be installed, other providers will have the opportunity to require the City extend to them the same considerations. He advised that once they allow a tower to be located within a residential area, the City will not be able to prevent other towers from being located in other residential areas within the City. He reiterated his request for denial of the Special Use Permit. , , Don Bowers, 14570 Jonquil Street, presented the Commission with a petition, signed by approximately 140 residents of Jonquil and Kerry Streets, Coon Creek Drive, and the surrounding neighborhoods. He stated the residents had contacted the city of Coon Rapids in regard to the tower located at Grumpy's Bar. He explained this tower is approximately 75 feet in height, constructed next to the building, and does not look like a tower, rather almost appears to be some form of sports communications device. He commented that the property is zoned commercial, therefore, public notifIcation of the tower was only required within 300 feet of the site, and many of the residents were not aware of it. Mr. Bowers stated he agreed the picture of the tower was not proportionate in relation to the trees on the proposed site. He stated, in addition, there would be a two-foot red, blinking light located at the top of the proposed tower, which would affect the neighborhood. .' He requested the Commission deny the Special Use Permit application, and direct the applicant to utilize the water tower for this purpose. He stated other telecommunication providers were using the water tower, and this would provide the best alternative. . J Regular Andover Planning and Zoning Commission Meeting Minutes - October 12, 1999 Page 6 \ / Lynette Bawers, 14570 Janquil Street, stated she had cantacted twa financing campanies in regard ta the issue af the affect af the tawer ta praperty values. She stated Mr. Jahn Anthany, af Facus Reality, has indicated that if the tawer praceeds, any praperty within the fall zane af the tawer will nat be able ta abtain FHA financing. She stated anather Realtar has indicated that thase properties within visibility range af the tawer wauld alsa be limited in their fmancing aptians. She pravided the Cammissian with pictures af the present view af the propased site, and stated the residents were very fand af this view. She stated eagles fly aver the site, and feed in the field in the springtime when it is flaaded. She nated ane af the pictures, which indicated standing water an the prapased site, after a starm in July. Mrs. Bawers requested the Planning and Zaning Cammission cansider the timing af the withdrawal af the applicant's ariginal request. She stated the applicant cancelled this hearing an a Friday, and the majarity afresidents were nat natified until Saturday. She added that same residents were aut af tawn, and anly had a ane-day natice. She stated same af the residents abtained baby sitters, and same taak time aff fram their jabs in arder ta attend the meeting, however, the applicant cancelled a day ar twa ahead af time. She stated she was certain the applicant was aware they were gaing ta withdraw their request, and shauld have given the peaple mare natice. . / Mrs. Bawers stated US West Wireless was fined 5 million dollars in 1996, and cantinues ta be fined daily, far nan-campliance with custamer service issues related ta traditianal telephane service. She cammented that she had contacted the Public Utilities Cammissian in this regard, and they have indicated this is an angaing problem, and US West Wireless is nat meeting custamers needs. She remarked that she was cancerned if US West Wireless is unable ta manage a telephane service which has been araund far years, haw wauld they manage the new technalagy. She stated the had received an advertisement in the mail, regarding the latest digital technalagy, and called the listed telephane number, by which she was advised the applicant is a subdivisian of the parent campany, US West. Mrs. Bawers stated she had cantacted the city af Caan Rapids ta inquire regarding their ardinances, and they have indicated that tawers aver 90 feet in height are restricted in residential areas, can nat be lacated ar within view af the Mississippi River, ar fram public parks. She stated Caan Rapids desires ta keep these tawers aut af residential areas, and the service praviders must prave there is na ather site that is applicable far their tawer, befare they proceed within a residential area. Mrs. Bawers stated the FCC has issued a fact sheet. Sectian 1.1301 thraugh 1.319, \vhich indicates categaries \vhich require the filing of an environmental assessment far wilderness area, wildlife preserve, situatians which may upset listed endangered ar threatened species ar critical habitats, Indian religiaus sites, flaad plains, and high intensity white lights in a residential neighbarhaad. She stated the present propasal falls within a number of these categaries. She cammented she was uncertain if the relacatian af the site fram the flood plain was an attempt an the part af the applicant ta avaid canducting the environmental assessment, hawever, if they are required ta file, the public must be provided the apportunity ta va ice their apinian. She stated that maving the tawer 100 feet " , / Regular Andover Planning and Zoning Commission Aleeting Minutes - October 12, 1999 Page 7 \ . J would not make any difference, adding that the amount of flooding from one year to the next could not be determined. Mrs. Bowers stated the applicant was permitted to co-locate two other facilities on the proposed tower. She pointed out that the applicant is leasing the site from Mr. Slyzuk, and was uncertain if he was aware of this. She further indicated if US West defaults in any way, the property owner could be subject to having a lien placed upon his property to insure the site is cleaned up. She stated this proposal scared her, and requested the Commission deny the application. Mr. Hinzman stated he has contacted the County Tax Assessor regarding the potential effect of the proposed tower to property values, and the Tax Assessor has indicated that similar utilities have been installed, and he has not seen a decrease in property values as a result of this. Mr. Hinzman stated he inquired if this might be contra-indicated due to the strong market values, and properties that are selling fairly well, and the Tax Assessor responded that this was the case during the slower times, as well. The Assessor further stated there is nothing comparable to the cell tower within the residential district in Andover, however, he has not seen a decrease in property valuation as a result of similar utility power lines. " / Cheryl Nelson, 14457 Jonquil Street stated she was opposed to the proposed tower. She provided the Commission with a picture of the view of the proposed site from her property. She commented that the view was part of the reason they had purchased this home home. She commented that the tower would not discourage the wildlife from coming to the property, however, it would ruin the view. She explained although specific decrease in the property value might not be indicated, prior to purchasing this property, they had looked at houses that had towers in the backyard, and some homes that were in close proximity to high power lines, and she did not want one of these houses. Mrs. Nelson stated the main selling point in the computer listing of her home was the view, and that was what sold them on this property. She stated they have three decks and a patio in their backyard that they use quite frequently, and two small children. She stated that the proposed tower would not be an attractive sight. Mrs. Nelson stated the field looks like a lake in the springtime when the snow melts, and there are actually small waves on the standing water when the wind blows. She pointed out that people have inquired if this \vas a lake. She indicated when passing around the petition, someone had mentioned there was a proposal for a cell tower to be located in dov.mtown Andover, however, the City did not want to construct a tower in downtown Andover because it would obstruct the welcoming view of the City. She stated she did not want to come home and be welcomed by a 150-foot tower with a blinking light. She inquired why it could not be located in the middle of the field and out of the visible range of the residents. She reiterated she was opposed to the proposed tower. ;' Robert Norling. 14505 Jonquil Street, stated the proposed tower presented and issue in regard to potential vandalism at the site. He commented the proposal would invite more people to come Regular Andover Planning and Zoning Commission .\-Ieeting Minutes - October 12, 1999 Page 8 " J through the area and vandalize the property. He explained that the bridge had been vandalized several times. He stated he had lived at his property for 11 years, having moved from a farm, and he enjoyed the view and the wildlife in this area. He stated he did not want to look at the tower, and was opposed to the proposal. Jerry Schmidt, 14372 Jonquil Street stated his home is currently for sale, and has been on the market for 21 days. He pointed out, although it has been stated that the proposed tower would not affect the property values, no one has shown interest in purchasing his home. He explained that he has had to disclose the information regarding the tower, as the notice was mailed to him. He stated the primary feedback he has received in regard to his home not selling is that the tower is to be constructed. He stated it may not affect the value of the house, however, it is deterring people from purchasing property in this area. He inquired why the tower could not be constructed in the industrial park on Bunker Lake Boulevard. He stated it does not make sense to locate it within the view of residents, and once it is constructed, more facilities can be added on to it, and it will expand in size. Mr. Schmidt stated his house was in excellent condition, however, it was located in a zone that will be affected in terms of FHA financing. He requested the Commission consider an alternate site. ) Janice Smith, 3150 South Coon Creek Drive stated she and her husband moved to the area three years prior, and they chose this area because of the beautiful neighborhood, and closeness to wildlife. She stated other audience members had already expressed her point of view, adding that she did not want the tower. She requested the Commission ask themselves if they would like to look out their door and see a tower leaning over God's beauty. She requested the Commission deny the proposal. She commented she sympathized with the applicant, however, there must be some other alternative, rather than pushing something onto the residents they have already indicated they do not want. Dave Piacentini, 14424 Jonquil Street, stated he lived a few doors down from Mr. Schmidt's house, and could vouch for the fact that his home has one of the nicest curb appeals of any house in the 70 home neighborhood. He stated he believed he would also have difficulty attempting to sell his house next year. He stated he had a much work to do to make his house look as good as Mr. Schmidt's, however, stated he planned on doing this, and was looking at thousands of dollars of loss as a result of the proposed tower. Mr. Piacentini commented that even if he remains in his home. it will cost him an additional $400 per year to live there, because he will have to have cable service. He stated he worked on televisions and VCR' s as a living, and was aware of what the tower would do. in terms of reception. He stated he has not had to have cable service during the 12 years he has lived in his home. Mr. Piacentini stated he has had very difficult experiences in dealing with the City of Andover over issues in the past. He remarked that the consideration of this proposal was an insult to his " intelligence. Regular Andover Planning and Zoning Commission Jvfeeting Minutes - October 12, 1999 , Page 9 Mr. Piacentini stated he had a digital cellular telephone. He pointed out there was service available in the area, and added that the proposed tower is not necessary. He explained that the tower would be double the height of the existing tree line, which he estimated to be between 65 and 75 feet high, and would be an offensive sight to anyone who sees it. He added if the proposal goes forward, he will sell his home as soon as he can, and move out of Andover, as this will be the final straw for him. Vicki Gren, 14423 Kerry Street suggested instead of building this "major eyesore" they attempt to construct walking paths, which they have been attempting to acquire in the area since she moved there 11 years ago. She stated there was no place to walk, and no place for their children to go except around their small block. She added, with the current construction on Bunker Lake Boulevard, it takes her 20 minutes to get out onto Round Lake Boulevard. Acting Chair Apel stated it was important the speakers do not expand upon the topic, in consideration of the time. He stated he understood Mrs. Gren's position, however, the City Council provided an open forum for such topics, and inquired if she had a specific question in regard to the issue at hand. Mrs. Gren stated the residents did not want the tower. She inquired when the Commission would make their decision to approve or deny this request. " J Acting Chair Apel explained the Planning and Zoning Commission does not make the final decision, rather they are an advisory body. He stated the Commission would forward a recommendation of approval or denial of the Special Use Permit, or table the item. Mrs. Gren stated the residents on Jonquil Street were not notified regarding this proposal. Acting Chair Apel suggested Mrs. Gren bring this up during the open forum at a City Council meeting, along with her request for walking trails. He explained it was necessary to keep the discussion germane to the issue at hand. Mrs. Gren reiterated the residents do not want the tower. Acting Chair Apel stated he understood this, as no one had come up to speak in favor of it at this point. He stated the Commission did not need to be told this over and over again. He stated he would provide the applicant the opportunity for rebuttal, as this was a democratic proceeding. There was an objection from the floor. Acting Chair Apel stated if anyone had new information to present, the Commission would be happy to listen, however, it was not sensible to continue to reiterate the same concerns, and indicate their \ opposition to the proposal. , U S WEST Wireless. L.L.C. 426 North Fairview, Room 101 St. Paul, MN 55104 r,J ~Of,1PJ~.su~' lites better here'@ September 9, 1999 Jeff Johnson City Planner City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 RE: US West Wireless' response to Staff's request to address interference with other ~ communications facilities. / Dear Jeff, '\ . ~/ US West Wireless is regulated by the FCC and is licensed to operate in the two Gigahertz frequency band. It is a requirement of the license to stay within this frequency band and not interfere with adjacent licenses. US West Wireless has performed extensive testing to protect public safety radio systems. No known interference issues exist. US West Wireless has had no customer complaints or interference problems with other communication facilities regarding US West's site located at Grumpy's Sports Bar in Coon Rapids. US West has an open policy to shared use of our towers and this tower will accommodate a second similar antenna structure. -!~~:1-J:' Executive Director - Wireless 426 North Fairview Avenue Room # 101 St. Paul, MN 55104 , hereby certify lhat this pia... specification Ill' report was prepared by l1li Ill' under my direct supervision and that tllll a duly Reaistered Professional Enline<< under tIlIllws" till SIIIt 01 ~ ~patur-- !\N~~ -\~ I ,., J. U. Date: ::J.J::J.L:i.5.rteestlatitIa ,... 15401 \ .~ USA OQ.,O Proud Sponsor Min2Qi"tlldW.,ver Zoning Requirement Satisfaction 1 US WEST Wireless " / Radio Frequency Safety Near PCS Cell Sites Radio Communications Safety Wireless communications services have been expanding almost exponentially since the early 1980' s. As a result more and more services are available to consumers every day. However, as these services are made accessible to consumers, the transmitters and antennas that provide those services have also become more accessible to the general public. Cellular. paging and Personal Communication Service (PeS) equipment and antennas are now commonly installed on the rooftops of schools, hospitals. and apartment buildings, as well as on water tanks and communications towers. Since radio waves are invisible they are by their very nature somewhat mysterious to most people. Thus, the question of public safety arises. / The FCC Safety Standard To help answer this question doctors, scientists and medical experts working for the federal government developed a safety standard to help remove much of the confusion surrounding the safety of radio waves used for wireless communications. The purpose of the standard is to provide a clear dividing line to what has been a controversial and sometimes emotional topic. The standard protects the general public as well as employees who work with wireless technology from being exposed to harmful levels of radio energy. At the same time it also ensures that the communications providers who are operating safely will be able to provide the services their customers have grown to rely on. The Federal Communications Commission (FCC) accepted the current standard in 1997. The failure of a communications provider to comply with this or other FCC standards can result in heavy fines and/or loss of license. The FCC set two safety limits. The first limit is for people in the general public who are unaware of when or where they are being exposed to radio energy. This level is called the General Public or Uncontrolled limit. The second limit is for workers who are aware of when and where they are being exposed to high levels of radio energy. This level is called the Occupational or Controlled limit. Both limits have safety margins built into them. which make them conservative. . " How the FCC Safety Standard Applies to USWW PCS Cell Sites US WEST Wireless has a license for the PeS frequency band and therefore transmits at frequencies of 1900 MHz. Each of the PeS Cell sites built by US WEST Wireless uses the same transmitters with approximately the same antennas. In the 1900 MHz frequency band the safety limit for the general public is 1 mW/cm2. For the antennas and transmitters used by US WEST Wireless this limit is generally not reached until one is within 3 feet of the front of the antenna. In the 1900 MHz frequency band the safety limit for occupational people aware of specific antenna locations is 5 mW/crn2. For the antennas and transmitters used by US WEST Wireless this limit is generally not reached. Antennas are similar to magnets --as one doubles his or her distance from an antenna the power density level decreases by a factor of two squared. So the exposure to people down on the ground is only a very small fraction of the power up close to the antenna: by moving from 1 foot to 100 feet away from the antenna the power density level decreases by a factor of 10,000. Why RF Exposure from USWW PCS Cell Sites is so Low PeS is a two-way communication system and is therefore limited by the power that mobile phones can transmit back to the base station. Each antenna for a PeS base station transmits enough power to reach about 15 mobiles within Y2 to 4 miles depending on the height of the antennas and the surrounding hills. trees. and buildings. The typical transmit power of a US WEST Wireless PeS Cell Site is between 3 and 16 Watts. This is far less than the typical power levels used by radio or television . " . / us West Wireless L.L.C. 426 North Falrview Avenue St. Paul, MN 55104 FAX: 651-642-6942 10f2 US WEST Wireless J broadcast systems. These systems transmit tens of thousands or even millions of Watts and have coverage areas of hundreds of square miles. Summary The bar chart below illustrates the radio safety standards enforced by the FCC. As the chart indicates. US WEST Wireless operates well within these safety standards. Power Density at pes Frequencies Below USWW Artema Mo"'ed35ft.Hgh FCC OccupeUonal Unit FCC Genl!If'aI Plblic Unit {typically <3 f..from USNW Artomaj 50 ft. fromUSWW Artema Moll1led 35 ft. Hgh Beiow USNW Ariema MoU'ltedSOfLHgh J o 2 3 4 5 6 Pow.r aenelty (mW/cmA2) / US West Wireless L.L.C. 426 North Fairview Avenue St. Paul, MN 55104 FAX: 651.642.6942 20f2 I CITY of ANDOVER 1685 CROSSTOWN BOULEVARD NW. - ANDOVER, MINNESOTA 55304 -.(612)755-5100 September 22, 1999 William Hawkins and Associates Attn: . Williani HawkiDS 2140 Fourth Avenue North Anoka, MN 55303 Dear Bill: '. ' . . . , The Planning and Zonmg Commission is in thepro~ess of reviewing a Special Use' Permit request of US West Wireless, Inc. to construct a telecommunications facility (cell tower - 150 feet in height) on the property located at 31XX South Coon Creek Drive NW. Please see attached map for location. The property is 10.3 acres in size and is zoned R-l, Single Family Rural. " The Commission requested the City Attorney's opinion on what the Commission can or cannot take into consideration (Special Use Permit criteria, Telecommunications Act, etc.) when making a recommendation for approval or denial of this request. / Please submit this opinion in writing to me on or before Tuesday, September 28, 1999. Please contact me at 767-5142 if you have questions or need additional information. Jeff Johnson Zoning Administrator 112)/11/'3'3 16:11 LAW OFFICES 2140 4TH AVE 7 612 755 8'323 NO. 4'34 Gl02 LAlli OffiCES OF " ) William G. Hawkins and Associates WILLIAM G. HAWKINS BA.RRY A. SULLlVA.N U,kul A$$islOnl TAMMI J. UVECES 21.40 FOURTH AVEI'lUENoRTH ANOKA, MINNESOTA. 55303 PHONE (612) 427-8877 FA.X (612) 421-4213 October 1 1, 1 999 John Hinzman Andover City Hall 1685 Crosstown Boulevard NW Andover. MN 55304 Re: US West Wireless Special Use Permit Application Dear John: I " I I' / I am responding to a request from Jeff Johnson concerning the criteria that the Planning Commission must use in considering the application of US West Wireless for a special use permit. The criteria the City must apply is found in Section 5.3 or the City Zoning Ordinance No.8. The criteria that are applicable are as follows: (1) the effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding lands. (2) existing and anticipated traffic conditions including parking facilities on the adjacent streets and land, (3) the effect on values of property and scenic views in the surrounding area, and. (4) the effect of the proposed use on the comprehensive plan. In considering these criteria it is important that the Planning Commission and City Council have a factual basis upon which to approve or deny the application. Mere speculation or opinions of the members themselves may not be sufficient to defend the City's action. In any event. a resolution should be adopted with specific findings supporting the action of the Commission and Council. There would be nothing in the Telecommunications Act that would mandate approval of this request. WGH/tju . / OCT 11 '99 16:08 421 4213 PAGE. 02 10/12/99 16:24 LAW OFFICES 2140 4TH AVE ~ 612 755 8923 NO.503 Gl01 . J WllLIAM G. HAWKINS AND ASSOCIATES 2140 Fourth Avenue North Anoka, Minnesota 55303 Bus. (612) 427-8871 Fax (612) 421-4213 TELECOPIER TRAN S MITT AL DATE: October ) 2, 1999 TO: John Hinzman FIRM: City of Andover FAX #: 755-8923 RE: Telecommunications Act of 1996 FROM: Bill Hawkins , / TOTAL PAGES INCLUDING TInS COVER SHEET: 5 r , ) OCT 12 '99 16:22 421 4213 PAGE. 01 HV12/99 16:24 LAW OFFICES 2140 4TH AVE ~ 612 755 8923 NO. 503 lt02 LAw Om= OF William G. Hawkins and Associates ) WILLIAM G. HAWKINS BARRY A. SU1.LIVAN Legal Asris/(ml TAMMl J. UV~GES 2140 FOURTlf AVENUE NORTH ANOXA. MINNESOTA 55303 PHONE (612) 427-8877 FAX (612) 421-4213 October 12, 1999 John Hinzman Andover City Hall 1685 Crosstown Boulevard NW Andover, MN 55304 Re: Telecommunications Act of 1996 Dear John: Enclosed is an opInion that we' had given to our client, the CitY of Lino Lakes, approximately two years ago regarding the Telecommunica"tions Act and the City's proposed zoning ordinance. I believe that some of the issues you raised may be addressed in this opinion. If you have any questions, please call me. , / William G. Hawkins WGH/tju Enclosure , / OCT 12 '99 16:22 421 4213 PAGE. 02 Hl/12/99 16:24 LRW OFFICES 2140 4TH RUE ~ 612 755 8923 NO. 503 Gl03 LAw Omas OF William G. Hawkins and Associates ) WILLIAM G. HAWKINS BARRY A. SULLIVAN l.,egol Assisuw WENDY B. DEZELAR 2140 FOUR.TH AVENUE NORTH ANOXA. MINNESOTA 55303 PHONE (612) 427-8877 November 19, 1997 Ms. Mary Kay Wyland Planning Coordinator Lino lakes City Hall 1189 Main Street Uno lakes, MN 55014 Re: Lino lakes - Zoning Ordinance - AntennasfTelecommunications Act of 1996 Dear Mary Kay: You have asked us to review the proposed Uno Lakes Zoning Ordinance regarding antennas as it relates to the Telecommunications Act of 1996. I have had the opportunity to review the proposed ordinance as well as the Telecommunications Act of 1996. '\ , , / The Telecommunications Act of 1995 was adopted by Congress and intended to be a comprehensive attempt to regulate the exploding telecommunications industry. The Federal Communications Commission is the federal agency assigned with the task of adopting regulations which will implement the Act. That process is underway. The point is that municipalities need to recognize that the legal status of the industry in general is fluid and somewhat unsettled. What is clear from the Telecommunications Act of 1996 is that Congress did not deprive municipalities of their power to regulate through zoning ordinances telecommunications services and structures within city boundaries. Municipalities retain the power to regulate these services through a properly drafted zoning ordinance. For example, 47 U.S.C. 332(c) provides: "Nothing in this Act shall limit or affect the authority of a state or local government or instrumentality thereof over the decisions regarding the placement, construction, and modification of personal wireless services facilities. " After reaffirming the general zoning power of municipalities, Congress then placed some limitations upon that power. A zoning regulation shall "not unreasonably discriminate among providers of functionallv equivalent services." and "shall not prohibit or have the effect of prohibiting the provision of personal wireless services." " / OCT 12 '99 16:23 421 4213 PAGE. 03 , ) , ) I' " 1\ / 10/12/99 LRW OFFICES 2140 4TH RVE ~ 612 755 8923 NO, 503 Gl04 16:24 Ms. Mary Kay Wyland November 19.1997 Page Two The limitations listed above are consistent with one public policy statement of the 1996 Act which provides: -IN GENERAL. No state or local statute or regulation, or other state or local legal requirement. may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications services.. Consequently, a municipality retains its authority to provide zoning legislation, manage municipal rights-of-way and to seek compensation for municipal services and rights-of- way. However. such legislation must not amount to becoming a -barrier to entry" for such services, and must be exercised in a non-discriminatory and competitively neutral manner. The difficult questions which may arise in the future will be in trying to determine what regulations are "unreasonably discriminatory." are anti-competitive, or are seen as -barriers. to services. My review of the materials that were sent to me suggest that the proposed zoning ordinance would allow the construction of antennas upon existing buildings and structures in all zoning districts. However. the construction of antenna towers would be limited to the commercial, industrial and public/semi-public zoning districts. The question the City will need to answer is whether limiting antenna towers to these districts will permit telecommunication providers to adequately provide services to the entire community. A zoning ordinance which -has the effect of prohibiting services" would violate the Telecommunications Act and be subject to challenge in court. It seems to me that a prudent solution might be for the City to conduct a technological study to determine whether or not telecommunication services can be provided to the City residents notwithstanding the zoning limitation. If the study were to indicate. for example, that areas of the City could not be adequatelv served by towers limited to these zoning districts, the ordinance would have to be amended. If services can be adequately provided. the zoning limitations will be upheld. In the Telecommunications Act ot 1996, Congress has reaffirmed the power of municipalities to regulate the telecommunications industry within their City through the use of zoning ordinances, rights-ot-way management and compensation management. The Act also made it clear that the telecommunications Industry is to be seen much like a public utility. We can regulate them, but we cannot prohibit their services. Please understand this is a summary discussion of complicated issues. I shall OCT 12 '99 16:23 421 4213 PAGE. 04 1l2J/ 12/99 16:24 LRW OFFICES 2140 4TH RUE ~ 612 755 8923 NO.503 [;105 , Ms. MaIy Kay Wyland November 19. 1997 Page Three , ) endeavor to provide you with a more in-depth analysis of specific provisions of the o ance should you so request. Thank you for your attention to this matter. '- / ;, / OCT 12 '99 16:23 421 4213 PAGE. 05 . . I I Introduction US West Wireless L.L.C. - Minneapolis is requesting a Special Use Permit in order to place a150' monopole at Slyzuk Property to provide wireless communication services to the residence surrounding Round Lake Blvd. and S. coon Creek Dr. located in the City of Andover. The Special Use Permit is being requested as per the City of Andover Zoning Ordinance: Subject Special Use Permits I Findings The criteria required for the granting of Special Use Permits and determination of the Essential Service Facility are listed below with findings: Criteria #1 Factors of noise, glare, odor, electrical interference, vibration, dust and other nuisances. Finding #1 USI/'MJ will comply with all applicable laws relating to its possession and use of the site. All equipment is self-contained within the Base Transceiver Station (BTS) ad will not create noise, smoke, fumes, glare or odors. / One purpose of a Zoning Ordinance is to allow essential service for the public, including communication services. An antenna site in this general location is necessary to provide adequate PCS service to this area. Allowing an antenna to be located on this site, subject to reasonable conditions, is consistent with the purpose and intent of the Zoning Ordinance. As for health concerns, US West Wireless L.L.C.'s PCS transmissions will operate at very low power levels. There is no evidence that PCS transmissions are harmful to the health or safety of persons living or working nearby. US West L.L.C. is in compliance of all FCC regulations. Engineers have calculated that the worst case scenario to actually be eight times below the limit set by the American National Standards Institute (ANSI). The Federal Communications Commission (FCC) has adopted the standards set by the ANSI. According to the FCC, measurements that have been made around typical cellular base stations have shown that ground level power densities are well below the limits recommended by the currently accepted radio frequency and microwave safety standards. Criteria #2 Finding #2 Fire & Safety Hazards US West Wireless L.L.C.'s equipment will be housed in two very small weather proof, temperature controlled cabinets. If a fire were to occur, there would be a signal sent to the Main Switch, which then report the occurrence to the local fire department. An E911 number will be assigned to the site for safety purposes. , Min268- Andover Zoning Narrative 4 , Criteria #3 Finding #3 Existing and anticipated traffic conditions. Adequate access can be obtained through the Slyzuk property. The subject site will be provided with an access easement from S. Coon Creek Drive, per the attached zoning drawings provided. Traffic congestion or interference with traffic on the surrounding public streets will be minimal because site visits will be infrequent once the antennas have been installed. Once the site is operational, the equipment will be maintained by a single maintenance person once or twice a month, therefore, there will be minimal interference with the normal traffic flow of the surrounding public streets. I There is no evidence that the use as conditioned will be injurious to the uses or enjoyment of other property in the immediate vicinity, or would substantially diminish or impair property values within the area. USV\fIN will be responsible for all maintenance issues that arise in connection with or as a result of the antenna site. Therefore unsightly conditions will not occur. Criteria #4 Parking facilities on adjacent streets and land. Finding #4 There will be a parking facility located within the lease granted from the landowner. Our parking facility will not interfere with any adjacent streets or land. Criteria #5 The effect on surrounding properties, including valuation, aesthetics and scenic view, land uses, character and integrity of the neighborhood. I Finding #5 The site is surrounding by agricultural land to the North, Woodland Creek golf Course to the South and has much tree cover to the east. The residential property to the west is approximately y.. mile West of the proposed site. Based on our RF requirements we are unable to collocate on any existing structures in the area, including the Andover water tower due to future replacement and or relocation plans. Criteria #6 Consistency with the Andover's Comprehensive Plan. Finding #6 Per the comprehensive plan, the Andover zoning ordinance requires towers to be located on parcels greater than 20 acres. USWest's proposed site location is located on a ~.3 acre parcel, but this location is part of the Slyzuk property . 1".~ h 20 encompassing more t an acres. Criteria #7 Impact on governmental facilities and services, including roads, sanitary sewer, water, police and fire. Finding #7 This site will not require sewer or water. The utilities required for this plan include telephone and power. Due to the infrequent visits to the site, sanitary sewer, water, police and fire shouldn't be impacted. Min268- Andover Zoning Narrative 5 . / Criteria #8 Effect on sensitive environmental features, including lakes, surface and underground water supply and quality, wetlands, slopes, flood plains and soils. Finding # 8 This site should not have an impact to the surrounding lakes, surface, underground water supply and quality, wetlands, slopes, flood plains and soils. , Min268- Andover Zoning Narrative 6 , EXHIBIT B US West Wireless L.L.C (USWW) CUP Application and Information Typical Site Requirements . Electrical Requirements a) Single phase 200 AMP service. b) US WEST Wireless, LLC will bring in their own power from the nearest transformer. All service is metered through the local service provider and billed to USWEST directly. . Antenna Information a) Panel Size: b) Quantity: antennas, 3 sectors, 2 per sector. c) Orientation: 00, 1200,2400. (Azimuth) d) Tower Type monopole e) Tower Height ISO' AGL ~ \ '2D' Al.>L . Equipment Configuration / Space Requirements a) Two (2) cabinets located and enclosed near the base of the tower. b) Cabinet size: . Equipment: 800 Ib and 2'6" x 2'6" x 5' . Power: 2000 lb. And 2'6" x 2'6" x 5' . Overall space needed: =-feet by 20 feet. (approx. 400 sq. ft) . Telephone '\5 (""'R'~A.. 3:::o~FI ) a) A TI line will be brought from the nearest telephone exchange. . Testing / Construction a) US WEST Wireless L.L.C. will pay for all structural, environmental, and radio frequency tests. b) US WEST Wireless L.L.C. will work with any contractors who may have warranted the site from previous construction work. 4' long x 7.5" wide, 2.5" deep (Accelerator Tube containing 6 panel type PCS Technology PCS is a wireless telecommunications services personalized to the individual. There is a growing demand for improved wireless services, and a new infrastructure is needed to meet this growing demand. The following information is provided as an overview of generalPCS services and technology. Background In early 1995, the Federal Communications Commission (FCC) auctioned licenses for the 1900 MHz band of the radio spectrum within the 51 Major Trading Areas tJlTAs) of the United States for use by Personal Communications Services. USIJWoJ purchased licenses within these 51 MTAs. These licenses, enable US West Wireless to offer Personal Communications Services in 14 states throughout the country. What is PCS? Telephone numbers used in PCS handsets will become tied specifically to an individual, and the types and features of services that each subscriber desires will be customized to his or Min268- Andover Zoning Narrative 7 " / her unique needs. A PCS telephone number will belong to a person for as long as he or she wants it, and the chosen services (for example stock quotes on selected companies, voice mail, and caller identification) will become specific to the individual holding that telephone number. PCS technology will allow a variety of telecommunication services, including: . Local and long distance telephone services and cable services; . AII-in-one Wireless Communication Services: . Portable phones, pagers, and fax transmission; . Numeric paging on the phone's screen; . Interactive paging (2-way paging which allows the sender to track where the message is sent, and when it has been received.) . Voice mail service; . Caller ID; . International roaming capability; . Reduced power needs (allows smaller units and longer battery life); and . In the future, PCS will allow computer use and video images over the PCS network. Assigning a unique PCS telephone number to a customer will allow the individual to place a call and I or send information across regional, national, and international borders. The network will do all the work of tracking the customer, knowing where he or she is at all times. Benefits of PCS over Cellular PCS has several advantages over existing cellular telephone service, including better service quality through the use of digital technology, more compact radio equipment, increased mobility, enhanced service features, and price. / Digital Technology: PCS utilizes the latest digital technology. This will facilitate cleaner voice quality, but more importantly, clean data communication. APCS customer will be able to communicate through voice and data simultaneously using the same handset without interference to either activity. In addition, computer users will be able to run applications and retrieve data faster from remote locations using their handset. PCS technology also provides less static and fading, and there are fewer dropped calls. Improved Security: Digital technology provides more security than analog, the technology traditionally used by the cellular industry. Calls in digital format cannot be overheard with the kind of simple scanners currently used to eavesdrop on cellular calls. Although it is technically possible to overhear a call, it requires special gear and technical skill which most eaves droppers lack. Improved Equipment: PCS will utilize smaller antennas and smaller base Transceiver Stations, more advanced telecommunication technology that will result in less expensive rates to the consumer. In addition, equipment will be more compact both at the handset and at the antenna sites. Handsets will be lighter than today's cellular flip phones, and the handsets will utilize longer lasting batteries. Because of the PCS' assigned radio spectrum, there will be more antennas, but they will likely be Min268- Andover Zoning Narrative 8 " / less noticeable than those used by the cellular industry. US West Wireless L.L.C. has been working diligently to replace existing US West Telecommunication facilities, lease antenna sites on City water towers, and existing buildings prior to attempting to lease any sites for new ground built towers. Unfortunately in this location there are no viable collocation opportunities available that will achieve our RF objectives. Increased Mobility: With PCS, mobility means seamless roaming across existing cellular and land line service areas. A PCS handset can be taken anywhere and be expected to function the same as in the coverage area of the original service provider. One Telephone Number: With PCS, one Personal Communications Number (PCN) will be assigned to each individual user. Today, when a person changes their residence, the old land line telephone number is frequently lost because these numbers are assigned and based on geographic area. Cellular telephone numbers are also lost when carriers are switched because cellular service companies are provided a limited range of numbers, and the numbers have to be recycled or reused. A PCN associates a telephone number with a person, regardless of where he or she is located, and regardless of who is the service provider. / Lower Cost for Service: PCS will be cheaper in the long term because it will utilize digital technology. Initially, the cost for the service and handsets will be similar to that of cellular. However, with increased demand, both carriers and manufacturers will be able to lower their price significantly. Eventually PCS service will be less than cellular and will be close to the cost of land line telephone service. Increasing Demand Today, cellular telephone systems in the US are expanding at the rate of over 28,000 new subscriptions a day, far beyond the growth rate of new subscriptions for wire line telephone service. The popularity of cellular telephone service is due to the freedom, mobility, and enhanced productivity that it provides. No longer are people tied to fixed telephones or pay phones. Yet cellular telephone services is just one step toward another type of service, one expected to revolutionize telecommunications. The next rung on the evolutionary ladder is PCS. Interference Issues US West Wireless L.L,C. will resolve technical interference problems with other equipment located at the site on the Commencement Date or any equipment that becomes attached to the Site at any future date when USWW desires to add additional equipment to the Site. Likewise, the Owner agrees not to permit installation of any future equipment which results in technical interference problems with USWW then existing equipment. The PCS system operates on a specific set of channels licensed exclusively to USWW by the Federal Communications Commission for provision of high quality mobile service for the benefit of the public good. The filtering of spurious signals is very tightly controlled via standard radio Min268- Andover Zoning Narrative 9 \ J electronic filters. PCS telephones operate within strictly regulated set of allotted frequencies. All USWW sites must be operated in accordance with our FCC license to provide PCS service to this area. USWW is currently licensed to operate in markets nation wide with hundreds of antennas. There has not been any instance of television or radio interference reported. Land Site The site will encompass a leased landscape of approximately 1200 square feet. A pre- assembled Base Transceiver Station (BTS), which contains radio frequency transceivers and self- contained batteries for back-up power, is connected to amplifiers, commercial electrical service and public T-1 Line service. A control unit equipped with its own built-in HVAC will also be located on the sire, housed by the BTS unit. The control unit will be under 24-hour security and fire surveillance by USWW. Up to six antennas will be mounted on the tower at 000>::1, 120<::l, and 240<::l from true north. Antennas Antennas attached to the tower/site will transmit and receive FCC-approved radio signals which carry voice and data between the PCS system users and the USWW central switching network. The physical size of the antennas may vary. The antennas required for this site are approximately about 48 inches long and 7.5 inches wide and 2.2 inches deep. The antenna sites necessary for PCS coverage are defined by the RF engineering design. Surrounding topography, trees and buildings also playa role in arriving at the appropriate antenna height. The USWW engineers have determined that antenna height to be 150' feet. \ J Equipment The Base Transceiver Station (BTS) houses radio, computer and climate control equipment for this site. This equipment is powered by the local power company (using normal 120/240 volt, single phase, AC electricity). It will be connected to the USWW mobile switching center via traditional telephone lines. No water or plumbing will be necessary for any of thesites which USWW erects, since no people are present at our sites on a daily basis. There will only be occasional, brief visits (average about once a month, for 1 to 3 hours per visit) for routine maintenance. Fire protection is provided by OSHA approved Halon inside the equipment cabinet. US West Wireless is looking forward to providing PCS service to the Andover community in the future. If you have any questions regarding the application for the site please contact me in my office: 651-642-6291 or on my PCS phone: 612-998-4784. ~~k David W. Fischer Real Estate Consultant US West Wireless L.L.C. Min268- Andover Zoning Narrative 10 <.l..e~~ - Petition regarding the telecommunications tower / We the people of Creekridge Estates and surrounding area residents are against the proposed Special use permit for a 150' tall wireless telecommunications tower; to be located in our neighborhood, a residential area. The Tower Poses Potential: Decrease in Property Value Health hazards to our families Environmental hazards Reception interference to TVs, radio, Telephones and Baby monitors due to its closeness. The majority of the people are just disgusted by the general appearance and the effect it will have on the overall view they have now of there backyards or front yards. It is all natural and people enjoy watching the wildlife and the scenery. Many called before purchasing their property to see about the field and were told it was a 100 year flood plain and nothing would be done with it. Which is one of the reasons a lot ofpeople picked this area to live in. We the affected surrounding residents wish the Zoning/City Councils to consider the peoples' concerns and Vote Against the special use permit. / Name Address \ ) I /- \ ,/ n. \'S. " j tJ , , / . , j /!I,u. 1'\ .,S I~ .1. i? j<l ~ "is'I n -=a-~ "' ~ <as ~lo ~1 ~ ~ qo- / 1- qz q Cl'f qs \56 tj(. ??-.~ ~p TJ7:'{C,,-..aU -"\~ \ 9'\ \.:"~~ "I ( I ( -,,-~~ ..~~~~ .:'1J~Q~f>'/"- \~"./ I I -:::;:::;- J CO 101 10~ \03 Wt l(t) \D'1' \~'1 \\Q \, , \\1. . / , \ , J I(>"i \ ,j IJ,- y \ '- r , , / ~, ,-t... I' \ ~r".:. Ci j Q , '-{;)" ~I\~ ()0 ~~ .J ~'J.\. ~~~ ~'" ~\o..",,~, '('...~ (Lor,,, ~'- ~ )8 ~ \ ~~L\~'-=,.'5J::) ~.~, ~_.- , .\ ~me ~ Address ~ . o ,.. c ( Name () Address .Jt~I'.f- /~{.t"'1'/17 v' 2~rJ"1 ,</;;c-7'~1. 7' /' I "-- I~ c-- q/ 7' / '?,'7. {-:~/7 h~ //~ "JeXt L-6.~ W L.UI 'C.ll ~ OV\...; ~~. G1 i'l I ,#. ame () Address I'I.J.'~-I J'1Ue ;vw -;;2.F;I{l> {if).... ~ IIHU A~ ,h/:e-.,<f /,/arl''1/~l <T-2~/'t/"f //lee ~',ztl ci/i'i' / r (_ C~'r; //a (I / US West Telecommunications Facility 32XX South Coon Creek Drive NW Andover, MN Plannin!! and Zonin!! Commission Questions to be Addressed from 8/24/99 Meetin!! 1. Address flood plain issue. SA TISIFIED The attached site plan indicates that the telecommunications facility and the leased area is not located in a flood plain. Our City Engineer has reviewed the survey and our FEMA maps. 2. Address the issue of interference with other communication facilities. SATISFIED A letter dated 9/9/99 from Anthony Segale (US West) indicates that us West is regulated by the FCC and is licensed to operate in the two (2) Gigahertz frequency band. It is a requirement of the license to stay within this frequency band and not interfere with adjacent licenses. us West has performed extensive testing to protect public safety radio stations. / 3. Address health hazards. SA TISIFIED Attached is information regarding radio frequency safety near PCS Cell Sites. The summary of this information indicates that US West Wireless operates well within the safety standards of the FCC. 4. Indicate an alternate location for the telecommunications facility. SATISFIED Mr. Fischer, the spokesperson for us West Wireless will address alternate location sites at the meeting. 5. Are there any cell towers in residential zoned districts in other communities? If so, can a list be provided. NOT SATISFIED '. It is to the understanding of Staff with conversations from our City Attorney and other telecommunication providers that a number of cell towers have been placed in residential zoned districts (parks, churches and vacant land). us West , / .' indicated that they are having difficulty researching and supplying the information to the City at the time the Staff report was being written. 7. Please provide a list of complaints and the nature (if any) for the telecommunications facility located at Grumpy's Bar in Coon Rapids. SATISFIED A letter dated 9/9/99 from Anthony Segale (US West) indicates that US West Wireless has had no customer complaints or interference problems with other communication facilities regarding this site. 8. Provide an opinion from the City Attorney on what the Commission can or cannot take into consideration (Special Use Permit Criteria, Telecommunications Act, etc.) when making a recommendation to the City Council for approval or denial of this request. SATISFIED Staff drafted a letter to Bill Hawkins, City Attorney requesting this information. The information will be made available at the meeting. J / U S WEST Wireless. L.L.C. 426 North Fairview, Room 101 51. Paul. MN 55104 " ~OL~JLESu~' " ) life's better here"@ October 12, 1999 Jeff Johnson City Planner City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 RE: US West's response to the Andover Planning Commission Staffs request that US West provide a list of Cell towers located within residentially zoned districts located in other communities. Dear Jeff, US West is writing in response to the Planning Commission's request to provide a list of cell towers located in residential zoned districts in other communities. Unfortunately, among the 300 sites in US West's tower inventory, US West can not query sites according to the zone in which the tower is located. If US West does locate sites in residentially zoned areas such as the application for the Slyzuk property, US West does make sure that the tower site is in compliance with each jurisdiction's zoning co~". / ~ '. / David W. Fischer US West Wireless L.L.C. Real Estate Consultant . \ ,) USA OQ.,0 Proud !iPonsoL Min2~!'o~!ilPver-US West Residential Tower Site Us! 1 U S WEST Wireless. .L.L.C. 426 North Fairview, Room 101 51. Paul, MN 55104 ~o~~ryL:.su-' life" better he,.e@ October 12, 1999. Jeff Johnson City Planner City of Andover 1685 Crosstown Boulevard N.W. Andover, MN 55304 RE: US West Wireless's response to Andover's Planning Commlssl'on's Staffs to request US West to provide a list of Cell towers located within other communities. Dear Jeff, , , , J US West is writing in response to the request to pursue alternate site locations. . US West had pursued several locations prior to the Slyzuk property. US West pursued negotiations with Ed Fields, but was unable to reach an agreement to lease ground space on his property. US West also looked at the possibility of replacing a US West pole located in the right of was along Round Lake Boulevard, but could not achieve the RF objective required for the search ring. US West also looked into Kevin Gorad and Kent Forsland's property, but could not meet the zoning requirements within the :!oning code for either parcel. US West also pursued the water tower located approximately % mile to the south, however the results of the drive test provided marginal results, therefore, US West made a business decision not to further pursue the water tower. Round Lake Park had been mentioned as a viable location for US West to look at, but the Park is located outside the search are and would not meet all of US West's RF objectives. The location US West is applying for makes the most sense for both US West and theSlyzuks for the following reasons: . A landlord willing to lease US West Wireless L.L.C. ground space for a wireless communications facility. . US West's application for Slyzuk's property complies with Andover's zoning code. . The site meets all of US West's RF design criteria. J~ David W. Fischer US West Wireless L.L.C. Real Estate Consultant , USA O~0 P[Q~d !iJl.on~or Mln~I?I/!;~t1llover-US West, Alternate Locations 1 \ ) l:- . ~ ~.. ~ I < ~7~ ~ :! n o ~ 0 . .'D 11'... ~ . :~::.~.~::.:::t::;=-:;t .. 7 0 ~ . ~~:~~i::.:::::n .0....'0 > ~~ . :II..". I: ..a..." . .Uln:J:rC "''':ICI . ~. , . ::;:g.:~=-;;i".'g" " ". 0 c: c ......... ... ~ . d ~ . 0 rtO:ll" "':1..,:11 :r, ... "O'l:ICl:J.. awo 'U . ItOQ...IQN:lI"':li "'''D . . " "Ie .,..c"..... " II... . ...:t. n tI':r:r,. r n ". ~~:: :ii:;:5:;:~ .. "' .. &.1:11...... ...0 . 0 o It Cw... ~.a" rt:r u. fT1 . . ....... _Nfl . oQ n .". 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S' 0 :: o ~ Q. ~z ::3- n ~ 6:3 . - ~- ::f -' ~i =2. M Z ~ !?~~6~ g.1g.:-8 ~ ~ii":: ._CD'" g II ,,~ 0.0 z6~ :g gq ;:0:'6' ~ - ~g' ~ ~ . '" g ~ i I ill' o c ~ il ~ '" ~ o' , N !P ;: . ~ ~ ". '" " '" g ~ . N ." ~ II- o ~ \ / ~ ~ I I ,N! i I -~ I M i o '" ~ M / / / a Ni I 01 a I l ~~ i j1!! ll. ~g" ~~ ~a ~ l ~ s I n~ ~g~ le~ ~ us WEST ANTENNAS 20-0. UCHTNlNC ROO US WEST ANTENt<Wi o ELEVATION LOOKING NORTH SCALE: 1/16"=1'-0" I I!I ,~'-o. rAUG.. ~0.1'3'3'3 1~:~6PM- .' . ..~:>.l~;tif'"' ~;~r'11 . I{Svr~'TS,1.JJIRELESS STP . -.uw ~~"" "'^^"'''' COMM lWR NO.58~ P.~/8 AUG 25 '98 Bl=16PM j ~ VIILMONT. Mlc.ROfLE.CT , . V.lmom Inllua1rl...lnC. . Weat Hl~Y 275 · P.O. Sox ::IS! . V.lIl1Y. NlIbruka llBOIl4-03li& U.S.A. . (4112) 3511.2201 AUIUJt 25, 1998 us West Wireless, lLC 426 North Fairview A"Mue Suite 101 St.Paul,MN S~n04 Attention: Mr. AdrIan Scbottrofl' Subject: Fail\1I1= Modes for poleslll1d a Doscription oftbe Design Criteria lJS West WII'Cles9 Site; SCLOOS Valmpnt Order No. 17453-98 Dear Mr. Scho1lttoff: I have been ~>ed to write to you about the mode offailurc for pole type strUctureS u!!ed to support wireletos phone antcnD8S and equipment, and give some information to allow yon to judge how rell1iOto the chance!! of failure occurring would be. 1 think it would be appropriate to start off by a brief description of the design criteria that is typically used. The pol:s Va~i11ont supplies arc designed in accQl'dance with El.AJI'.LA. 22.2 Revision F entitled "Struc:1tUral Standards for Steel Antmma Towers and Antenna Supporting S1IUC1Ul'es." TIus is lII1 app~roved A.N.Sl. standard that has dealt with the design of lattice type structures for a number ofye~l1'S. Revision E is tho first version that goes into extmsive detail about tho design of pole type structure9. The provisions of the sumdard have, as their foundation, proVisions of other Mtionally known specifications and standards that have along historY of reliability. This history shouldl be of interest to you considering the hundreds ofthoU9ands (if not miUiODll) of siteS 1hroughCltlt the United States which have s1ructQt'e9 designed with concepts spelled out in publiclI.tions like ''The Design of Steel Transmission Pole Structures" (published by A.S.C.B.), and "Standarli Specifications for structural Supports for Highway Signs. Luminaries and Traffic Signals" (puUisbed by AAS.H.T.O.). Many of the concepts used to design poles in these two publications llIC included iD. the BlAIr.I.A. 222 Revision P Standard. The El..AJr .LA. 222 Revision F requirements dic~ a basic design wind speed. The wind speed 10 be ll~od depends on tbfllocation of the sitcwithin the state. Valmont's policy i~ to use the wWd loading in Jl.l.AJT J..A. 222 as a mmhnum loading. Statistically, the wind speed listed in El..\.Jl'~.A. 222 has been. detmmincd to be tbat wind which bas an averago reoccurrence of 50 years. nIts wind is ahlo a "fUtest roile" wind which mC311.9 that it is the average velocity of a mile wind pllSSing a point. For example. a 70 I11ph avmage :&stcst mile wind WDwd take 51 seconds to pass a point. This standard "fasteSt mile" wind is customized with :factors that apply to tha particlllar installafion. Th~ is a 1.69 gmt response factor imposed to accowt for sudden / AUG 10 '99 12:18 612 642 6942 PAGE. 02 ~.~U~.10.19~9__12:26PM _, ......_...ZS.l~ ~; c:;n"'I'1 US .l-!EST WIRELESS STP . .. ' \..\AI' IlilIII'lfo ~ ....,J _.J COM'! TWR lNO. 582 IP. 3/6 AJG 2S '98 11I1:16FM \ ~ VIILMONT MICROFLEC.Y , ) Vllmont Indullrl", Inc. . We_ HIghWay 27S' P.O. BOll 958 . Valley. Nebrlllka 6808<4-0358 U.S.A. . (4021359-2201 , changes in wind. speed, a height cocfticicnt to account for increa&ing wind speed with height, and an exposllIO coe1ffioicnt to account (to soma clap) thetcrrainetIectll. The loads gcnarlUed by this wind and.tha weight oftbe members (alon8 with any ice eon:sidmed) arc then used to 5ize members of the pole. There is lit least a2S% fGtor of safety raquired under thase cou:lition~l. This asslJIl1llS tha11hc wind blowing from the wOISt possible cllicction. Some direction:J arc worse tlum othel'll. depending on the equipment !ltfaChed to the pDle. the ammgcmanl, aJlid the ariontati01l. The wind must c:xceed aD our est:in:la=s for magnitucUl. duration, be at the worst orientation and ovarcome the factor of safety. Let us lISIIume that a pole becomcs overlqaded. The typical consequence of this overloading is "local bucldlng" whete a relatiVely small portion of the shaft distorts and "kinlcs" the sUm. This does not cause a free falling pole. A;fter the buckle. the CIt)S9 section of the pole is capable of canying the entire vertical (weight) load and a substantial portion of the load that caused the buckling, 'I11e pdle is tikely, howeVC1~. to be out of plumb. ibis may be somewhat dramatic and the buckled section should be repIllted. There are 3 mc:c"~n;Qmg wbich prevent the pole from a irell fall type failurll.. Fir~ as the pole distmts this ~Jtortion may relieve tho load from the pole C11bcr by .0~ent1ng the pole more favorably in the wind or, ifbuclding bas occurmJ. by reducing the moment IUDl of the wind force. Thollecond mechanism involves a JCdlstribution oftha stress in the pole after buclding toward the remaining portion or the cross sdon1hat has unused capacity. 1M third phenomenon ll~ more impo1'W1r, ill the nature ofthc force being applied. We llXpect the wind to produce this tc1tCCo A wind that would cause a bucldc woqld be larKCr than the basic wind speed. the gust factor. and the factor of safeLy com.bined. A gust would SOOD dissipate and. after this peak wind is iIDDC. the strC$s in tho polo would bo reduced. Poles Ill'Cl flexible, forgiving stn1CtufeS whi~h arc not generally lNIIcept1ble to damage by impact loads such as a wind gust or earthquake shocla. It takes some time for the entire str\1CtUIC to "sco" the impact loading. Bven after a local bucklo, the pole baa significant c:apacity. It II tbia cqlU:ity along with tho traDSitory 1Ul1Ul'Cl of the Jloading 1hat preventll II pole from "fallins ovU'. Pole design a11d testing have provided the public with & very reliable product. Poles have gone through extc~lSivo fiill soale testing. resulting in a history ofbcing extremely reliable. The public I think, baa b=cn served wcll. Valmont bJI pnmded ~d1InI that have performed well dame the ~llrthqllak&l ill CaI1fo....., tho bamcaDBI III th. Sooth, aDd a DUJIlber of tomadoCl. ~~o my lmowled&e. ValmOllt hu lleYer aperlBDced pm .erwiee failure of a collUllualu1:lon pole due to "der IDdllcal OftrloadlD&, eve. thollgll, .. III th. calU of BlIrrlCUB 1;[1110 and HlImc:aJlo Aad1'llW', the...mll Ipeedl may have uceeded the dCllen wind Iplled. } ) AUG 10 '99 12:18 612 642 6942 PAGE. 03 . . , ) \ J ;' AUG.10.1999 12:26PM AUG.25.1998- 2:271;>f1 tt.t,.~rsIIY!8~LESS STP , _....,...c..:Jo.J;"...,.....",tJ W VaLMONT MIC.ROfLE~T CO/'I'I l10lR INO. 582 'Po 4/6 RUG 2S '9B t11.: 16PM Vlllmont Indullr....IIlC. . weSt "IghWaV 2.75. P.O. Bolt 358 ValllY, J11l1brB5lCll6BOS+=SB U.S.A. . (402) 3119-2201 . Valmont Induslfriea has been designing varioua types of pole sttuctlUCS (i.e.. high mast Hght~ poles, commWlication pole9, electrical (utilitJ) traulllDissiDn poles, street and parking lot poles, and 1raffio signal poles) for manyyeanl. As in the case ofCommUDicatiol1ll monopoles, VaImont bas been ac:t:Mlly cugaged in the de&igning ad manufactming of these poles for fitlecn ye8fll. The structural Integrity oftbe monopoles is occasionally questioned by zonlng and. planning board coDlmis:aons when this concem is not justified by engineering at cxpcriCDCC. If a building of the same height as a monopole wcte to be constrUcted 011 th~ same plot of1and.l1O one would qucsUon what it 'Would bit if it were to fall down to the gt1)und, ~CIl though the building and the monopole would be designed in accmdancc with the same building code requirementS to safely withstand the same wind loadings. . I hopo this hail belped. please feel free to call with any CODl1J:!.cnt;yOU may have. I can be reached at 1.1'00-345.6825 cxteDSio113127 and will be glad to discuss I1ny concerDll you may have. I hereby certifY. that this plan. specification. orreport was prepmed 1>:y me or under my direCt supervision and that I am. a dul~, LicenBed Professional Engineer under ~ 1aW&Q~tbcsta~t~Of' ota. Signat11Ie.- - - S~~KIOhD 03.-.. d, (; Rc N IU'4S4 ,w -IJ..- g. 0.: ~ AUG 10 '99 12:19 SteVen Me obn, P.E. Manger of Engineering Communication struatUres Industrial Products Division Valmont Industries, Inc. 612 642 6942 PAGE. 04 -----AUG.10.1999-...12:27Pr-r-US WEST WIRELESS STP .............i.....~)"~-~~~,.....NO.582"l"'.~P.5/6.. --~.- .. i J1.1. B? 1998 ZlI:2a FR PI D INC 1 21~- - -:~~-.i"2i9.B669 P.E11A12 . . . Jt.L G!l8 ' '39 06: 5eR'l . . . . J~ PiROn.ll. . . , , 1545 PICCO DRIVE p.Q. BOX 128 . PI)'MOUTH. INDIANA .65&3-0128 " (218) 113&4221 SAloES FAX (2181 513&-6796 ENC3.FAX (219) 93So473 . ACCOUNllNG FAX: (a1Q) 835-4667 PURCHAS1NC3 Fill(: (218) 93&&58 , , July 6; 1999 Mr . Adrian Schcttroff US West Wlrelll!SS 426 N. :Falrvlew Avenue. Suite 101 Sl Paul, MN 5i5104 Reference; A-p5725, TP34 x 100' Dear Mr. Schoitrcff: . " J Thank you for )/Dur Inquiry concerning tower design cO,des and practices as Utey I'Blate to your tower designs In Sl Lows Park, MN. "'PiROD has be 1m designing and building guyed, self-supporting towers and monopoles since the early 1950's. DUring this time, we have sold thousands of structures ranging in height from as littls as 50' high to in excess of 1400'. These structures were individually engineered to ~ccommodata the loading requirements Imparted by the design Wlndspeed. Ice conslderatJe)ns, antenna loading, and other factors dictated by the national code requIrementS e:asting at the time the tower was buill , , Tha present national tower and monopola code. ANSIIElAlllA-222-"P, represents the. . latest refinement of specific minimum requirements for englneelS and manufacturers to follow to help a.isure that tho structl.lre and Its foundations are designed to meet the most realistic condltll:ms for local weather while assuring that the structure Is desIgned to "Stringent fado", of safety. In the case of the monopole under consideration, while maeting the stipulated code requirements folr wlndspeed, the owner has also reqllested that 112" Ice be Inclu~ed In the analYsis. Ice Is considered on all tower members, antennas, and lines and results in a substantially he;avier tower design than one considered without ice. , The tip ve~ion 1M the code IncorporateS an escalating wind factor based on tower height "Meeting tho cadell Implies that the design quoted has all of the code requirements for safety factors intact at the wlndspead specified. ThUs. the ultimate survival speed would be conSiderably higher. Again, adding ice to the design loading can also add a further safety factor to Ihe final tower strength. While failure is Esxtremely rare in any kind oftower, It is especially so for mDnopoles and self-supporting towelS. In fact. only if a monopole were subjected to a direct hit from a AUG 10 '99 12:19 612 642 6942 PAGE. 05 -.--RUG.10.1999"'...12:27Pr1-'....US WEST WIRELESS STP ~"""""""-"-Moo''''h, ""'.~f'A'~NO.S82':"""'P.6/6' , . - .; JU. a? 1998 23::28 FR PI RlJI) 'II-rc 1 219866- - ~.-.r2!9"Bs69 P.~ '. ". JlL 1iE'99 1a6: 5li:R'I '. tornado or ..the severest.: . of hurricanes " would failure 'be predIcted. '.Wa are. aware of V~ry few InstancS of ~onciPDla fallure.Th's most CDm~on mode af failure would tie: In the middle regIon of the monopole. with tho upper portion of the monopole remllinlng connected and "bowing over-' against the base of tha: pole. The fact that the wind ISI na~ally grBater on ~8 upper portion of the structure contributes to the likelihood of thil~ type of failure. Thus. if a faDure conditlon Is reached. It should be reached In the upper middle region of the monopole first. : . . . Needless to say, the engineering codes whIch govern tower and monopole designs are extremely. conservative. Monopoles am designed for extreme wind condlUons. and even under thSSD e)Qlreme candiUons, stringent factors of safety are required. , . As VIce Preslclant 01 Engineering and a registered P .e. in 41 states, I oversee all engineering and applicati~n of our filwers. I am a graduate engineer from Notre Dame University and have been with tha company slncs"19S4. I am assIsted by two other registered prohtsslonal engineers, Mr. Myron Noble. who has been the owner of PiROD. Inc., since 197~, and Mr. William Rettig our Chief Engineer. Four other qualified engineers are also on our staff. . \ All of PIROO wEllders are certlfted to the high standards of AWS 01.1 or am in the process of becoming c~rtIf1ed. Mathemmlcal and physical tests are performed routinely on sbucture sectioll's and designs 3J: roquimd. Our total design, engineer and bu~d process has been qualit;f audited by our aJstomers indudlng public utUlUes, telephone companies and gDvernment agencies. We trust the above and the attached wiD be helpful to you. If you should need anything else. please let us know at your convenience. '. I her flcatlo under a dul ~"'I:!' y that this plan, specl- report was prepared by me or ~ct~mrvislon and that I am s~ Prl:rtesslonal Engineer un del 1ft ~.h; pfSv1lnnl!so~. Ice President ()f Engineering .#5221 . . -.----. Dat ewlc 1~ Ref(I:stratlon Nol1.3.:l..L \ ..A P;IU!D 11111. P.o. !OX 128 · PLYMOunt,INDIANA46683-0128 . (218) 9S~1 RUG 10 '99 12:19 __ TnTOJ J:lClr.1=' t>I? """ 612 642 6942 PRGE.06 , / . , . , .,' ..','~_-''-, . \ Regular Andover City Council Meeting Minutes - October 19, 1999 Page 6 ipeline Expansion/Northern Natural Gas, Continued) pIa to put the pipeline is through other neighbors' yards. The people along the existing easeme have s nt eight months to drive the pipeline through his yard. He understands that attempt fi . ed, but every e along the alternate route is extremely upset. They had only two weeks to resp d. He accused the 'ty and Task Force of lying to the residents about having nothing to with the alternate route. e federal government has made its decision and he again aske at the City approve the reque of Northern Natural Gas this evening. Mr. Florman also s ed the City and Task Force provided lse data regarding the number of people that wou e affected by the alternate route. That ro is no longer rural. He expressed disgust . the entire operation, including the conflict of the ayor. Mayor McKelvey clarified nei his current nor previous. house was on the existing piper The parcel of property owned b e and ten other people is, and that easement was given before he urchased it. His issue w 0 get the gas company to install safety measures along the line, which felt still may be abl 0 be done. , , , J Mr. Florman stated it is difficult for him and . neighb s to relate with the City Council with any good will because of the way they were treated. y did not receive notice of the alternate route until two weeks before the deadline, and many' 'Iies did not receive the notice until after the City's meeting. He is happy the decision is e and there is no need to appeal. If the Council will not vote on the permit request of No rn Natural G ,he requested at the very least that they vote against making an appeal of FE s decision. er does not appeal the FERC decision on the Northern Na al Gas pipeline route. DISCUSSION: or McKelvey again noted Mr. Holasek has the abili to correct the record as an intervenor. There w some discussion on the environmental issues ong the existing route. Mr. Hinzman explained EP N.. as commenting on this during the pr ess, and that was a part of \vhat FERC had when it made' final decision. Motion carried animously. Motion Jacobson, Seconded by Johnson, to table Item 3 and move to the November I eeting for c sideration. Motion carried unanimously. The Council asked for responses from No ern N ral Gas regarding those safety issues addressed at previous meetings plus the requirements e tree preservation policy. DISCUSS ORDINANCE NO. 109, REGULA TING SNOWMOBILES , " \ ) Mr. Carlberg explained Planning and Zoning Commission has recommended snowmobiling should be prohibited south of 16lst Avenue NW in the City. Councilmember Johnson noted the members of the Sno Dragon's Snov.mobile Club have done a lot of research on snov.mobiling, which has been very helpful. She didn't feel the Snowmobile Task Force did a thorough review before making its recommendation. Mayor McKelvey agreed. He then asked for resident input. -:..__. ..-..... 1~"'.'..,.~; .r-, .,,;____- \ / Regular Andover City Council Meeting Minutes - October 19, 1999 Page 7 (Discuss Ordinance No. 109, Regulating Snowmobiles, Continued) John Nord, 14216 Heather- lived in Andover for 26 years and owns the Anoka-Ramsey Sports Center. He has a personal and business interest in this issue. He felt the members of the snowmobile club have shown there is a lot of support for the activity. Snowmobiling in this part of the country is a way of life. There is definitely a need to educate certain people in Andover and the surrounding cities. Many of the problems result because the young people do not know the rules. The Sno Dragons have made an effort to educate them and have furnished him copies of the ordinance to make available to the public so they know the rules in Andover and Ramsey. Many tax dollars have been spent on trails for walkers, runners and bikers, none of whom need to acquire a license; but no tax dollars have gone for snowmobile trails, and snowmobiles do need licenses and do bring in a lot of money to the area. " ) Russ Mitchell. 2032 I 57th Lane - noted walkers and bikers are quiet. He snowmobiled all during his youth. People ride through his yard without asking. They jump on his driveway and destroy his mail box. They rip through his yard at 2 a.m. when there's not quite enough snow. In the town in New York where he grew up, they closed 80 percent of the roads and brought the snowmobiles in on trails, making it an enterprise. It supports the City well. If Andover wants to do something like that, it will have to be well thought out. Corridors will have to be created and hours of operation clarified. A gentlemen who lives in St. Francis and is a member of the St. Francis Snov,mobile club stated the snowmobile clubs are trying to work with the City to get a trail through it. He has lived here since 1973 when a trail was started in Coon Rapids and went all the way up to Milacs, but the cities let the area grow. He'd really like his kids to be able to ride the trails. Permission has been received from landowners for a trail, but there is a problem crossing Coon Creek. Why is it such a problem getting the bridge over Coon Creek to be able to ride from Hanson Boulevard over to Round Lake, then up Seventh Avenue or up Hanson Boulevard? Why isn't that trail system being put through? Mayor McKelvey explained the bridge over the creek is needed for the trail, and so far no one has come up with the funding for it. There is talk of a double bridge, one for walkers and one for snowmobiles. The gentlemen stated if it would be strictlv a sno\\mobile trail. the snowmobile clubs usuallv foot - . . the bill. They built several bridges in St. Francis \vith no money from the city. Much of the material is donated by people in their group who are in construction or with money from the DNR. The law enforcement issue is a problem, but something will be done if there are enough complaints. The snowmobilers aren't asking for any money, they are asking for approval and support. Mayor McKelvey noted the Sno Dragons have not wanted to spend money on the trail because every year there is the theat that snowmobiling will be banned. The bridge has to be temporary and removed " during the summer per the Coon Creek Watershed Board. ) Kim '? 14108 Round Lake Boulevard - noted there has been talk of banning snowmobiling for the last four to tive years. Some of the problems have stopped, but not enough. She has been threatened. When she tells someone it is illegal to ride through her yard, they ride through it even . / , " / ........... ~ t.......:...~. -. , Regular Andover City Council Meeting Minutes - October 19, 1999 Page 8 (Discuss Ordinance No. 109, Regulating Snowmobiles, Continued) more, at times 2 or 3 in the morning, plus knock over the mail box. It is not the young people who have threatened her but people in their 40s and 50s. If there are young people out there breaking the rules, where are their parents? She suggested a ban on snowmobiling south of 161 st and then work on corridors through the City. They should not be allowed on Round Lake Boulevard, however, because it is such an busy, unsafe road. They are riding on that street now, which is illegal; and there is no enforcement. The snowmobilers need to respect her rights also. She doesn't want someone creating an ice bridge at the end of her driveway so she can't get out. Nor do her neighbors. She would like to have snowmobiling banned. Chris Levy. 1415 Andover Boulevard - has lived in Andover for three years. He put many miles on his snowmobile in 1996, but the last two years have been poor winters for snowmobiling. He suggested an ordinance establish at what depth of snow people can be riding. That should help with the problem of snowmobiles tearing up the grass while riding when there isn't enough snow. It should be easy to enforce a regulation that doesn't allow snowmobiling on less than six inches of snow. Mayor McKelvey noted there are portions of the ordinance in place already such as not riding on the streets or riding at 15 mph, neither of which are respected. J Mr. Levy stated not too many people like getting ticketed more than once for speeding. If people know there are patrols, they won't violate the ordinance again. He also noted that the complaints will vary depending on the amount of snow. Again, that is an enforcement issue. Councilmember Knight explained the problem of the police responding to complaints because the offenders take off and the deputies are not on snowmobiles. Attorney Hawkins also noted that the driver of the sled must be identified and tagged if there is a violation. It is not sufficient to get the license plate number and tag the owner. Don Legge. 14417 Vintage - has been a resident for 15 years and lives in a small residential neighborhood. Every year he has to fence off the front portion of his property on both sides to stop the damage caused by snowmobiles. He watches a neighbor sno'Wmobile up and down the street, doing circles in the street, then drives into the garage when complaints are registered. The snowmobile clubs are trying to help, but it isn't enough. The City cannot afford the cost of enforcement. Further restrictions are needed. Tom? . 13437 Narcissus Court - stated the potential ban south of 161st would affect him. He's lived in Andover for 10 years. People think they own the land right to the highway. but snowmobiles do have the right to ride across the driveways and in the ditch. He wished the Council would spend as much time finding snowmobile corridors through the City as it has talking about banning snowmobiles. He lives two blocks from Crooked Lake and rides to the lake to test his machine, then does all the rest of his riding outside of Andover. He \vould hate to have that privilege taken away. He'd like to see the community support and establish corridors for sno'Wmobiles like it does for walkers. Spend more time trying to tind common ground instead of banning the use. Work with the land owners and work with the Club to get this done. They haven't seen much support in that area. Regulations are being broken now. so how will adding another regulation help? . '- ~'_~__~. S. . "......'",~- ''-~'" , / Regular Andover City Council Meeting Minutes - October 19, 1999 Page 9 (Discuss Ordinance No. 109, Regulating Snowmobiles, Continued) Winslow Holasek - observed the rudeness and disrespect of many people this evening, but apparently it has accomplished their means. Lee Warnicka 14791 Blackfoot Street - has lived in Andover 23 years, had a snowmobile and still enjoys it. He wondered of those who don't like snowmobiles have corralled some power here. He didn't believe there are that many people against it. Minnesota is a snowmobile state. People enjoy getting out into the fresh air in the winter. There are people who abuse bicycles, and the snow plow plows snow onto his driveway. Andover is on the fringe, and he felt it must step back to reassess' the situation. He didn't believe the overall feeling of the City is that strongly against snowmobiles. ) The Council then discussed some of the comments made this evening as well as a possible course of action at this point. Councilmember Johnson wanted to see the citizen's task force meet again and to explore options instead of just banning sno\.\'mobiling south of 161st. One suggestion would be to provide maps of where snowmobiling is allowed. Councilmember Jacobson has been in Andover for 30 years and has seen it change a lot. Some of the recommendations of the task force have been recommended for years, and there really hasn't been much of a change. He proposed restricting snowmobiling south of 161st for the upcoming winter season. During that time and before the season 2000-2001, have the task force come up with good, solid ideas of where trails can go and how they can be handled. The restriction would be for one year, and he would be willing to give snowmobiling another chance with a really good plan in place. Mayor McKelvey has lived here 26 years and would hate to see snowmobiling banned even temporarily. His concern was once it is banned, it will never be restored. Establishing trail corridors for snowmobiles would resolve many of the problems. He was concerned that there is no enforcement in the five-block area of Round Lake Boulevard, so how will a total ban south of 161st be enforced? The area that looks the worst with yellow tape barriers is along Old Crosstown Boulevard, yet the City owns all of the property on the other side of the street. All the City would have to do is allow them on that side so they wouldn't ride across driveways on the other side. He felt it may be possible to complete the east-west route along Coon Creek and to have a north-south route along Hanson Boulevard. Both the City and the county must approve two-way traffic on Hanson Boulevard. Resident comments at this time pointed out the City of Plymouth requires a speed of 10 mph to get to the trail. It's 5 mph in St. Francis. Other cities provide snowmobile corridors but the sleds must be brought in by trailer at various entry points. Another person stated the DNR has $100,000 worth of money to give to the City to build bi-seasonal use trails as a part of the National Recreational Trail Program. They would be limestone trails for waking. biking and hiking that would be available for snowmobiling in the winter. , " / Councilmember Ortte! stated his concern is that snowmobiling is the only sport in which the legal use destroys public assets. Since studs are allowed, there is no place on the south side of town for ", _..1;: . .._~ ....oCo., ...._~ ..-.._ " / Regular Andover City Council Meeting Minutes - October 19, 1999 Page 10 (Discuss Ordinance No. 109, Regulating Snowmobiles, Continued) snowmobilers to ride. Along Bunker Lake Boulevard, they run across his land because there is not enough right of way; and that is common in many areas. He gets calls about snowmobilers plugging up driveways so the residents can't get out. He didn't think the trails would solve the problem. How do they get to the trail without damaging the public infrastructure? He was originally thinking the boundary should be Coon Creek, but now he's thinking it should be at 161st as suggested. He didn't see how snowmobiling could be allowed without damaging the infrastructure. Many in the audience disagreed with the premise that the snowmobiles destroy public streets. Their point was the streets are made of stronger material and there has been no evidence of destruction by snowmobiles on the streets. Mr. Erickson stated typically the asphalt used for the streets is used for the driveways as'- well. A gentleman who grew up in Coon Rapids and witnessed the banning of snowmobiling in that city wanted to be able to continue to enjoy snowmobiling with his children in Andover. It is not convenient to have to put the sled on a trailer to get to a trail. When he gets home from work, he enjoys taking the sled out right from his house. It is not right to take away their enjoyment. Snowmobiling is a heritage in this state; and by moving the boundary, people's rights are being taken away. Coon Rapids, in his opinion, made a mistake by banning snowmobiling. It could have planned for the people to get on the trails. ) Councilmember Knight noted despite everyone's best effort, there is damage and behavior that is unacceptable. Adults also have to accept the responsibility for giving snowmobiles to some of the youth who create problems. He spent the afternoon talking with other cities, and none have found the solution. A few cities have banned them completely, though many have resolved the issue with trails. There is no question the City must do something, as people are running around neighborhoods and farm fields on snowmobiles, knocking down mail boxes, intimidating people and destroying crops. He suggested looking at Hanson Boulevard as a corridor because there are fewer people living on it than the other major north-south roads. The problem may be with having two-way traffic on one side of the street. An east-west corridor also needs to be researched, possibly along Highway 20. Snowmobiling is not allowed in Blaine, though they can trailer to Highway 65 and ride along the highway. It is a similar situation in Brooklyn Center where the snowmobiles can be trailered to a park. Plymouth provides parking for people to trailer their sno\\mobiles at five or six different sites. To have that same situation in Andover, the City would have to provide parking and to support snowmobile trails. Possibly parking could be provided on the City-owned property south of the landtill to be able to access Hanson Boulevard. At this point, he is not in favor of a ban; however the non-snowmobilers do have the same property rights as those who do snowmobile. The problem is how much of this can be accomplished before the first snowfall. " There was further discussion with the residents regarding trails, damage to asphalt, rights, ~ enforcement. the snowmobilers' request for support for trails and whether or not to ban sno\\mobiling south of 161st for one year. [ftrails are established. the Council felt the neighboring residents should have some input tirst. A resident stated the east-west trail is all on private property and they have already obtained permission. A question was on which side of Hanson Boulevard Regular Andover City Council Meeting Minutes - October 19, 1999 Page 11 (Discuss Ordinance No.1 09, Regulating Snowmobiles, Continued) would the trail be constructed. A suggestion was on the east side, because that affects the least residents and because the schools are on the west side of the road. Along some roads, it must be determined that there is sufficient right of way for snowmobile trails. Another issue could be lack of snow along the trails, which then means the turf gets tom up. Another resident suggested the Council allow them to do the research and bring back recommendations for the location of trails rather than making those decisions tonight. Someone also felt with ham radios they would be able to police the few blocks along Round Lake Boulevard where snowmobiling is not allowed. Still another person talked about the influence of police enforcement along South Coon Creek Drive where people have been driving the speed limit since Bunker Lake Boulevard was closed because,' it is constantly patrolled. Someone else stated they would be willing to donate a patrol sled to the police. Others agreed that if violators are ticketed and fined, the word will get out and there will be fewer violations. Some noted the City ofLino Lakes has trails along Lake Drive on both sides right to down town. Mr. Carlberg didn't think there was a realistic chance of getting any trails or parking locations in place before this winter season. / Motion by Jacobson, Seconded by Orttel, that the City Council restrict snowmobiling south of 161st Street with the exception that a person can snowmobile on their own property, or in the case ofa natural disaster such as a snow storm where that is the only mode of travel that can be used. During this restriction for the snowmobile season for 1999-2000 that a committee be set up that comprises of snowmobile enthusiasts and representatives from the City to agree on a north-south, east-west trail plan for it, and bring the results back to the City Council for approval and instituting north-south, east-west trails prior to the 2000-200 I snow season. After some discussion, Councilmember Jacobson accepted an amendment to the motion to include the fact that snowmobiles will be allowed on approved City trails south of 161st. Second Stands. DISCUSSION: Councilmember Jacobson noted the intent would be the Council would have to give approval to the snowmobile trails. Council member Orttel stated this makes it incumbent upon the City to provide parking to access the trails. Residents argued against a one-year ban stating it creates a huge compliance issue, that this creates a large issue for law enforcement. that the snowmobiles clubs will no longer be able to help with enforcement and that other cities allow. the snov,mobilers to drive from their house to the designated trail. Councilmember Johnson called the question. Motion carried on a 3- Yes (Jacobson, Knight, Orttel). 2-No (McKelvey, Johnson) vote. Several residents asked about the ability to snowmobile on the lakes. The Council agreed to include the takes as part of the trail system. Attorney Hawkins stated an ordinance will be brought back to the Council to correct any contlicts that may have occurred because of this action tonight. Mr. Carlberg stated for the next meeting he will provide a map outlining the snowmobiling boundary for the Council to consider. Regular Andover City Council Meeting Minutes - October 19, 1999 Page 12 (Discuss Ordinance No. 109, Regulating Snowmobiles, Continued) Motion by Knight, Seconded by Orne!, to include the lakes as part of the approved trail system. Motion carried on a 4- Yes, I-No (McKelvey since he opposes the ban) vote. 'NT TO DEVELOPMENT POLICY GU/DELl CUSS AMENDMENT TO ORDINANCE NO.8, SECTION 4.26, BULK STORAGE LIQU FU S Jacobson, Seconded by Knight, that the City Council agree with the lanning' Commissio and recommend no change to Ordinance No.8, Section 4.26. M Ion carried unanimously. Motion by Jacobson, Second by Orttel, to move Item 6, recommen Policy Guideline as presented. otion carried unanimously. APPROVE AMENDMENT/ORD/N. The Council discussed the proposed changes t the 0 mance. Some thought the intent was to allow people to walk their pets on the trails through Su me Park, though this amendment would prevent that. Park and Recreation Commissioner AI G owski explai d the main complaint about the parks is the problem with dogs leaving depo . s on the fields. I Os unhealthy and unsanitary, and the amendment is proposed in an attem to resolve that problem. gs are permitted in all other parks, but it has not been a problem in e other parks. Many other chi prohibit animals in their sports complexes. In Sunshine Par the problem with allowing them on e trail is that the trail is very close to the soccer field an It becomes an unhealthy situation. Motion by Orttel, Se nded by Knight, the amendment as presented by th carried on a 4- Yes -No (McKelvey) vote. . Ana Auto Wrecking - Mr. Carlberg stated the City is attempting to get permission to the ne essary environmental testing on the site; however. the owners are not willing to allow that un '1 ey have a purchase agreement. They are still in the process of negotiating the issue. Page 2 " k. SAFETY OR DEADMAN THROTTLE is defined as a device 1 which, when pressure is removed from the engine accelerator or throttle, causes the motor to be disengaged from the driving track. SECTION 2. PERSONS UNDER 18 YEARS OF AGE. No person under 14 years of age shall operate on streets or highways or make a direct crossing of a street or highway as the operator or a snowmobile. A person 14 years of age or older, but less than 18 years of age, may operate a snowmobile on streets or highways as permitted under this ordinance and make a direct' crossing thereof only if he/she has in his immediate possession a valid snowmobile safety certificate issued by the Commissioner of Natural Resources as provided by Minnesota Statutes, Section 84.86 as amended. It is unlawful for snowmobile to be section. the owner operated of a contrary snowmobile to permit the to the provisions of this SECTION 3. OPERATION ON PRIVATE PROPERTY. No person shall operate an all-terrain vehicle or snowmobile on lands not owned by the person without the written or oral permission of the owner, occupant, or lessee of such lands, provided that in the case of oral permission, the owner, occupant, or lessee of such lands is present. , \ ) SECTION 4. OPERATION ON PUBLIC PROPERTY. a. Operation Generally. No snowmobile shall public property within the City violation of the following be operated on of Andover in provisions: 1. No person shall operate an all-terrain vehicle or snowmobile within the City of Andover including, but not limited to, school grounds, park property, playgrounds, recreation areas and golf courses, except snowmobiles may be operated on designated snowmobile trails or designated accesses thereto. " / 2. No person shall operate a snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county state aid, or county highway within the City of Andover, and in the case of a divided trunk or county highway, on the right-of-way between the opposing lanes of traffic. No person shall operate a snowmobile on City streets, except on the shoulder of the roadway, or in the absence of an improved shoulder, on the righthand-most portion of the roadway (not on boulevard areas) and in the same direction as the street traffic on the nearest lane of the roadway adjacent thereto. In addition, snowmobiles shall take the shortest route on any City Street to access any County Road or County State Aid Highway or any designated snowmobile trails. 3. ~4ge ~ On a public sidewalk or walkway provided or used for pedestrian travel. 5. At any place, while under the influence of an alcoholic beverage or controlled substance. 4. \ / 6. At any speed in City street or reasonable or circumstances. excess of elsewhere proper 15 miles per hour on any public at a rate of speed greater than under all the surrounding 7. At any speed in excess of 15 miles per hour on any County' Road and County state Aid Highway in an urban district. All other County Roads and County State Aid Highways not in an urban district must comply with Minnesota Statutes or elsewhere at a rate of speed greater than reasonable or proper under all the surrounding circumstances. 8. At any place in a careless; reckless or negligent manner so as to endanger the person or property of another or to cause injury or damage thereto. 9. So as to tow any person or thing on a public street or highway except through use of a rigid tow bar attached to the rear of the snowmobile. 10. , , J 11. At a speed greater than 15 miles per hour when within one hundred )100) feet of any riverbank or lake shore, or within one hundred (100) feet of fishermen, ice houses or skating rinks, nor shall operation be permitted within one hundred (100) feet of any sliding area, nor where the operation would conflict with the lawful use of property or would endanger other persons or property. In a manner so as to create loud, noise which disturbs, annoys, or peace and quiet of another. unnecessary or unusual interferes with the 12. On any days between the hours of 11:00 p.m. and 8:00 a.m., except on Saturday and Sunday, the restriction shall be between 1:00 a.m. and 8:00 a.m. 13. Such operation is not permitted within fifteen (15) feet to any public sidewalk, walkway or trail. 14. It shall be unlawful for any person to drive or operate an all-terrain vehicle or snowmobile in a tree nursery or planting in a manner which damages or destroys growing stock. , " / Page 4 \ ) SECTION 5. "}'- make a direct crossin of a street or The snowmobile crossing the highway. c. The driver yields the right of way to all oncoming traffic which constitutes an immediate hazard. a. b. is made at an angle of approximately ninety to the direction of the street or highway where no construction prevents a quick and The crossing (90) degrees and at a place safe crossing. is brought shoulder or complete traveled before" of the to a main stop way crossing is or highway In crossing a divided street or highway, the made only at an intersection of such street with another public street or highway. e. If the crossing is made between the hours of one-half (1/2) hour after sunset to one-had (1/2) hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on. d. " . 1 SECTION 6. f. A snowmobile may make a direct crossing of a street or highway provided a snowmobile may be operated upon a bridge, other than a bridge that is the main traveled lanes of an interstate highway, when required for the purpose of avoiding obstructions to travel when no other method of avoidance is possible; provided the snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made within one hundred (100) feet of the bridge, and the crossing is made without undue delay. No person shall operate a snowmobile along any City Street or County Road/County state Aid Highway as shown on the attached map as "prohibited". SECTION 7. No snowmobile shall enter making a complete stop. of way to any vehicles immediate hazard. any The or uncontrolled intersection without operator shall then yield the right pedestrians which constitute any SECTION 8. ... .I An all-terrain vehicle or snowmobile may be operated upon a public street or highway in an emergency during the period of time when and at locations where the condition of the roadway renders travel by automobile impossible. ~dge ~ \ SECTION 9. EQUIPMENT. It is unlawful for any person to operate a snowmobile or all- terrain vehicle any place within the corporate limits of Andover unless it is equipped with the equipment set forth as follows: 1. Standard mufflers which are properly attached and in constant operation, and which reduce the noise of operation of the motor to the minimum necessary for operation. No person shall use a muffler cutout, by-pass, straight pipe or similar devic& on a snowmobile motor, and the exhaust system shall not emit or produce a sharp popping or crackling noise. 2. Brakes adequate to control the movement of and to stop and hold the snowmobile or all-terrain vehicle under any conditions of. operation. 3. A safety or so called "deadman" throttle in condition, as that when pressure is removed accelerator or throttle, the motor is disengaged driving track. 4. At least one clear lamp attached to the front, with sufficient intensity to reveal persons and vehicles at a distance of at least one hundred (100) feet ahead during the hours of darkness under normal atmospheric conditions. operating from the from the ~ j a. Such head lamp shall be so aimed that glaring rays are not projected into the eyes of an oncoming vehicle operator. b. It shall be equipped with at least one red tail lamp having a minimum candle power of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred (500) feet to the rear during the hours of darkness under normal atmospheric conditions. c. Such equipment shall be operated between the hours sunset or one-half (1/2) of reduced visibility. in use when the vehicle is of one-half (1/2) hour' after hour before sunrise or at times SECTION 10. LEAVING SNOWMOBILE UNATTENDED. Every person having a snowmobile in a public place shall lock the ignition, remove the key and take the same with him. SECTION 11. CHASING ANIMALS FORBIDDEN. It is unlawful to intentionally drive, chase, otherwise take or attempt to take any animal, wild with a snowmobile. run over, kill or domestic, \ , I Page 6 '. SECTION 12. PENALTY. / Any person violating any prov1s1on of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $700.00 or by imprisonment of not more than 90 days, or both, plus costs of prosecution in either case. SECTION 13. EFFECTIVE DATE. This Ordinance shall take effect and be in force upon its passage and publication as required by law. ' Adopted by the City Council of the City of Andover this 6th day of June , 19~. CITY OF ANDOVER ATTEST: fl ( Jt'~ }{:d~) IJ.E. McKelvey 1 ''''Mayor ' " / ~u Victoria volk City Clerk '. J ~~ '. " . . . . ! . I i /, ., . '~ i - _, J' "'--7Si~ .. _ . {i 1 -' - -.~.~l. - I - ~~ ". I - . . _._,-- ____.___~~____..: '-- :::.....--~-(.:11 -. i-:. ~I ,: _ ___un__ ~.~~~.\: II ; :; : ~ . - '" . . ---'" .",..-, - :--':, ",, -"---:-.L...._..:....) . 1 ' I & _ - --i- " ""'1 :j:."::] . ,- ~' '-:-.~.,i, -;'H, . I_~: I 1.' '..... < . : . ~ : :-" . -.'--.... -.. . ~ I --~~" 1'1 I' .' .~ =: ~ . 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".'- ''-' :~:r-:':..,!,":/ .i"';',~~'" -'~r .}" aili f\ ~~:~2~, _ ~~;;;~ 1~~~ - ....-- I.:.' . ;i~ \~~ ~~ . :!T1 I ~2! ~ . :.:.',-, :1' r-"' ~ ;:~ - ~ ' .-:;<... l,: . . '~~~:.."'_ ;:: ..:~ l"" .. :~. _ ',"""-;----,__,. ~ ", . ...;..~.:..,~ . "__. -" ~ : . --- . --;'-';i:"~! . ; 1 .": I ~s-:;: -,. :':1:"" /! '.' . _' ,.. ; :~ ;-= ~.~.,~~l.;,.. ~ '-_ !.:': -....2-' ~-~~"7::r:d~'~ I _:..:._,-,_-,-.--_-'~'~:-',:: ~~. '--.:....... _".... .~ ,~ : !~S'!;.--.~~~.F~ -_~. ~;-:_, ~:~:~...;$~~~ ~i. '~~""- ..__ ='.:~~~~=.;)?'T . --. -':i1~-::S~~i~~_::.: ~4,;:~C;S",~] )--\ I'('-~'=::;:/ III : ! : f--:l .~.~~~. :;-t-"' '_ _ __:-_ / ~ \ '." . ." ''-''- .- =--= ......./ " ~. . ~. ..y~_--,."......L :. -..~~..:,,-::::__ _;. I .. If. !...~,..." '-. .~~-............". "'>'-'__..... -1 .. . -c.... . I , I' r, ..J.-;..........-:__.::./ ,....::::;:.....:. ..;., _...~ _ . ..-~ I . ",'" ... ~ _.... . ~ =; ..~.._..\I:..:...~~ ~ -~-:.~. -~I...... .... . .......,. ~\I..:...:.....1r . "'--!. ----- ------------- . ~~:~ ~ .......r ~._ ---~~ I ~ . ;, - ..~__ i'.~"'::' ~ . . ,... >-<__., ",~.,= ,.:::';...--..~~ '!, J _~ ...~.-..:...__ 'i .: --I _.~\ "1 ,. , \ " \\ i I :~ ~._-_:::~-----~-------------- . ~: ~, ~. ~ ;~'i' ..~~..::;-.:.;.~ _ . 'J! "--.~ -;i :};;::;..-- .-;-. ~...:--., , . ./ .'~ . l i : i 1 i 1 " c. 0::< 5:: o -...,., OZ:....-........- Z .~~ <OC.....; - LI- 0<::,;;;;;; >-U -0;;;;;,; U..J ::':' " . -1'::.... --, . . .i. I : ': ': -"-<- a........ ;l!.::-- ..:,;~ '\ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA J Ordinance No. I09A AN ORDINANCE AMENDING ORDINANCE NO. 109 - AN ORDINANCE ADOPTING REGULATIONS FOR THE OPERATION OF ALL-TERRAIN VElllCLES AND SNOWMOBILES WITHIN THE CITY OF A1\'DOVER The City Council of the City of Andover hereby ordains as follows: Section 14. ENFORCEMENT. The City's enforcement agency or the Ancka County Sheriff's Department in order to provide enforcement, shall be exempt from the requirements of this ordinance. All other sections or this ordinance shall remain as written and adopted by the City Council. Adopted by the City Council ofth~ City of Andover on this 5th day of Janlli!!Y, 1999. \ ATTEST: CITY OF ANl)OVER tL~ iJ~ Victoria Volk, City Clerk /: 1. .;' I ,i ~ \.--" " L I ., .,; '- r I ;.:.. / t1.~-4"-,,--!..--.L J. E. McKelvey, Mayor r . ) OCT-28-1999 11:01 JOSTENS BRAEMAR 260 612 946 5595 P.01/01 If you have questions concerning this fax, please call 612.237.4094 ASTA Andover Snowmobile Triul Association '\ Fax To: Todd Haas From: John Campbell CASTA) Fax: 612.755.8923 Pages: 1 Phone: ~t.: 10f.28199 Re: Council meeting agenda cc: o Urgent eJ For Review o Please Call1lllent 0 Please Reply o Please Reeyel. . Comments: \ Todd. Per our phone conversation today, the Andover Snowmobile Trail Association requests you remove from the agenda for next weeks council meeting, the item on the proposed snowmobiling ban, pending a meeting to be held with our organization. Please give me a call with a time that would be convenient for you and the other trail committee members to meet with the ASTA. Sincerely, John Campbell 612.865-3025 (Mobile) 612.608-4365 (Pager) J OCT 28 '99 10:26 612 946 5595 TOTAL P.01 PAGE. 01 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: November 2.1999 AGENDA SECTION ORIGINATING DEPARTMENT Discussion Planning Jeff Johnson ITEM NO. Approve Variance Front and Side Yard Encroachments 2551 136th Avenue NW JLM Stinson t Reauest The City Council is asked to review and approve the variance request of John Stinson (2551 136th Avenue NW) to allow for an existing principal structure to encroach five (5) feet into the front yard setback and to allow for an addition to an attached garage which will encroach 12.1 feet into the side yard setback from the street and to allow alterations to a non-conforming structure. Please review background and history in the Staff report to the Planning and Zoning Commission. " . / Plannin!! and Zonin!! Commission Recommendation The Planning and Zoning Commission at their 11/2/99 meeting recommends to the City Council (3-2, vote) approval of the variance requested. Based on the inaccurate information given to the property owner by Staff, Staff recommends to the City Council that the variance fee be refunded to the applicant. Attachments Resolution Planning and Zoning Commission Meeting Minutes (10/12/99) Planning and Zoning Commission Staff Report Variance Application , " , / , , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION GRANTING THE VARIANCE REQUEST OF JOHN STINSON TO ALLOW FOR AN EXISTING PRINCIPAL STRUCUTRE TO ENCROACH 5 FEET INTO THE FRONTY ARD SETBACK AND TO ALLOW FOR AN ADDITION TO AN ATTACHED GARAGE WHICH WILL ENCROACH 12.1 FEET INTO THE SIDEY ARD SETBACK FROM THE STREET AND ORDINANCE NO.8, SECTION 4.03 - TO ALLOW AL TERA TIONS TO A NON-CONFORMING STRUCTURE ON THE PROPERTY LOCATED AT 2551 136TH AVENUE NW, LEGALLY DESRIBED AS LOT 1, BLOCK 3, HIDDEN CREEK ADDITION. WHEREAS, John Stinson has requested a variance to Ordinance No.8, Sections 6.02 and 4.03. WHEREAS, the Planning and Zoning Commission has reviewed the request and , has determined that said request meets the criteria of Ordinance No.8, Section 5.04; and ;' WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the variance request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and hereby approves the variance requested by John Stinson to Ordinance No.8, Sections 6.02 and 4.03 on the property located at 2551 136th Avenue NW, legally described as Lot 1, Block 3, Hidden Creek Addition. Adopted by the City Council of the City of Andover this _ day of ,1999. ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk 1. E. McKelvey, Mayor '\ / Regular Andover Planning and Zoning Commission }.-feeting Minutes - October 12, 1999 Page 23 " / Foundation on the Prop O-nays, 2-absent vote. a s from the Completion of the Garage. lv s Item would be considered at the Nove VARIANCE: (VAR 99-10) - VARIANCE TO ORDINANCE 8, SECTION 6.02 - SIDEYARD SETBACK ENCROACHMENT OF A GARAGE - 2551136TH A VENUE NW - JOHN STINSON. Mr. Hinzman stated the Planning and Zoning Commission is asked to review the request of John Stinson for two variances to allow for an existing principal structure to encroach into the frontyard setback, and allow for an addition to an attached garage that will encroach into the sideyard setback from the street, on the property located at 2551, 136th Avenue NW. Mr. Hinzman stated the subject property is located on the comer of Yukon Street and 136th Avenue, in the Hidden Creek area, south of Bunker Lake Boulevard. He stated the property is zoned R-4, Single Family Urban. Mr. Hinzman explained that one of the requested variances is a five-foot variance for the existing structure and garage, and the second variance is to allow for the proposed addition of a third stall in the garage, with the total variance being 12.1 feet. , / Mr. Hinzman stated the home was constructed in the mid-to-late 1980's, prior to the requirement of "as built" surveys of properties. He explained that a survey had been performed at the time of construction, however, the structure had been drawn in on the survey, and later inspection determined that the placement of the structure on the property was incorrect. He advised that the existing house is a non-conforming structure. Mr. Hinzman stated the applicant proposes to construct a three-season porch at the rear of the non- conforming structure, and work can not commence on this project until the variance is granted for the non-conformance of the house. Mr. Hinzman indicated the applicant's second request is for the issuance of the 12.1-foot variance to the third stall of the garage. He pointed out the Building Department first became aware of the non- conformance of the structure when the application came forward for the garage, and the Building Official went to the site and determined it was not in compliance. Mr. Hinzman explained that the general criteria presented for recommending approval of a variance include practical difficulties or unnecessary hardships in carrying out the strict letter of the provisions of the Zoning Ordinance. and that the hardships or difficulties must be related to the characteristics of the land, and not the property O\\ller. He noted staff did not have an issue with regard to the criteria in terms of the existing structure, as the hardship was the result of an error that '. J Regular Andover Planning and Zoning Commission }.feeting Minutes - October 12, 1999 Page 2-1 ~ .-i / was made at that time, and this is a means to alleviate that error. He explained however, staff has some question as to whether a hardship exists in terms of the third stall of the garage. He explained there might be other possibilities to construct an additional storage facility at the rear of the building, which would meet the Zoning Ordinance requirements. He added, in light of the recent developments with regard to accessory structure provisions on other variances and rulings, the criteria is considered quite carefully to insure the variance provisions are being met. Acting Chair Apel stated the applicant's proposal was fairly clear, and he agreed with staffs determination that there was no issue with the five-foot variance request. He stated he personally had no problem in terms of the screen porch addition, although a solution that would allow for additional storage could certainly be accommodated. He pointed out however, this would likely alter the visual impact of the house. He stated he would forward a recommendation of approval of the request, as written. Commissioner Hedin commented if the original survey measurements had been correct, the matter would not be required to come before the Planning and Zoning Commission. Me. Hinzman advised if the house had been constructed at the correct setback, a vanance of approximately seven feet would still be required for the expansion of the garage. . / Commissioner Hedin inquired why the applicant had requested a refund of the variance fee, if a variance was still required. Mr. Hinzman stated whether or not to refund the variance fee was up to the discretion of the Planning and Zoning Commission. He explained that the first variance was the result of an error made through the process with the study in the late 1980's and the variance process is required, however, it is required as a result of an error. Commissioner Falk stated he was not opposed to a refund of the variance fee. Commissioner Daninger commented that the major issue appeared to be in terms of the garage. Acting Chair Apel stated this issue could not be resolved, even through the granting of a variance, however. the City has made exceptions to similar considerations in the past. Mr. Hinzman advised that if the variance is granted, a unique hardship should be identified on this property, to set it apart from other variances that have been denied. Commissioner Daninger inquired what the hardship would be. , / Regular Andover Planning and Zoning Commission Meeting Minutes - October 12, 1999 " Page 25 / Acting Chair Apel stated the hardship would be denying a citizen of his property rights simply because of a rule. He added that many times a person is denied reasonable property rights, not because a neighbor objects, but simply because of a rule. Commissioner Hedin pointed out that the building permit was issued under the assumption that there was sufficient room for the garage expansion, and the applicant was proceeding according to what he assumed the City permitted. Mr. Hinzman stated this was correct. He stated the building permit was applied for, the inspection was conducted, and the area was surveyed. He added that some site application has occurred on the property as well, and the applicants have signed an agreement to install some of the footings at their own risk. Commissioner Hedin stated the applicants were relying on measurements that were not correct. Mr. Hinzman stated this was correct. He explained that the measurements were not taken by the City, but by the original surveyor, and since an "as built" survey was not required in 1987, the City was relying upon measurements that were false. He explained when the error was determined, the variance process commenced, and the stop-work order was issued on the garage expansion. / Commissioner Hedin noted the applicant had no reason to believe the previous measurements were incorrect. Mr. Hinzman agreed, adding that the City had no reason to believe the measurements were incorrect either. Commissioner Falk inquired how the mistake was determined. Mr. Hinzman stated the Building Inspector had examined the property, which did not appear to be correct, and after performing some field measurements, had the applicants prepare a new survey on the property, which indicated the correct measurements. Mr. Hinzman explained that the current "as built" requirements were designed to prevent these situations. He stated this was an unfortunate situation, and staff was agreeable to a variance to alleviate the problem to the point of where the house should have been located under the original ordinance, however, the placement of the house within the ordinance requirements would still require a variance. He advised that in order to proceed. some unique identifier is necessary. which indicates this situation is different from others that were denied. Acting Chair Apel pointed out that they could also find a similar situation to others that had been approved. Commissioner Hedin stated, as the applicant was doing everything according to the letter of the rules of the City of Andover, and did these things in good faith. and spent some effort and money to Regular Andover Planning and Zoning Commission Meeting Minutes - October 12, 1999 Page 26 .'- . --~.... - , / remove the concrete slab, he would recommend approval of the variance with a refund of the variance fee. Commissioner Daninger stated it appeared staff had no problem with the house because of the error, however, the garage requires that a hardship be identified. He pointed out if the house had been properly situated on the property, the expansion would still have required a seven-foot variance. Mr. Hinzman stated this was correct. Acting Chair Apel pointed out that staff does not make the decision, and simply provides their opinion. He noted that Commissioner Daninger's interpretation of the matter was as valid as staffs or his own. Commissioner Daninger agreed, however, he could not find a hardship. Acting Chair Apel advised that Commissioner Daninger must follow his own beliefs. Commissioner Falk inquired if Commissioner Daninger did not understand the hardship presented with the existing structure. ) Commissioner Daninger stated he understood and agreed that a hardship could be established with regard to the house, however, he could not see a hardship in terms of the expansion of the garage. Joyce Stinson, the applicant's wife stated they were attempting to improve the appearance of the property. Acting Chair Apel stated one of the things overlooked in these situations at times, is that the property owner desires to improve the value of their property. He stated he would prefer not to have to turn down this type of request, and would rather leave that decision to the elected officials. Motion by Hedin, seconded by Falk, to Recommend Approval of Resolution No. R -99, a Resolution Granting the Variance Request of John Stinson to Allow for an Existing Principal Structure to Encroach 5 Feet into the Front yard Setback and to Allow for an Addition to an Attached Garage which Will Encroach 12.1 Feet into the Sideyard Setback from the Street and Ordinance No. 8, Section 4.03 - To Allow Alterations to a Non-Conforming Structure on the Property Located at 2551, 136'h Avenue NW, Legally Described as Lot I, Block 3, Hidden Creek Addition. Motion carried on a 3-ayes, 2-nays, 2-absent vote. Mr. Hinzman stated this item would be considered at the November 2, 1999 City Council meeting. " OTHER BUSINESS. , / CITY OF ANDOVER REQUEST FOR PLANNING COMMISSION ACTION October 12, 1999 DATE AGENDA ITEM ORIGINATING DEPARTMENT 11.Variance - Garage Addition Encroaching into Sideyard Se ,ack Planning from Street - 2551 136th Ave. NW. Jeff Johnson John Stinson BY: APPROVED FOR AGENDA BY: REOUEST The Planning and Zoning Commission is asked to review the variance request of John Stinson to allow for an existing principal structure to encroach into the frontyard setback and allow for an addition to an attached garage which will encroach into the sideyard setback from the street on the property located at 2551 136th Avenue NW, legally described as Lot 1, Block 3, Hidden Creek Addition. The property is zoned R-4, Single Family Urban. / APPLICABLE ORDINANCES Ordinance No.8. Section 6.02 - Minimum Lot Requirements. Ordinance No 8, Section 6.02 establishes the minimum lot requirements. This Section requires a thirty-five (35) foot front yard setback and a thirty-five (35) foot sideyard setback from the street. Ordinance No.8. Section 4.03 - Non-Conformin!! Structures. Ordinance No.8, Section 4.03 states that no structural alterations shall be made to a non- conforming structure. Ordinance No.8. Section 5.04 - Variances. Ordinance No.8, Section 5.04 establishes the variance process. Variances may be granted where there are practical difficulties or unnecessary hardshIps in any way of carrying out the strict letter of the provisions of the Zoning Ordinance. The hardships 0: difficulties must have to do with the characteristics of the land and not the property owner. , ; ) Page Two Variance - John Stinson 2551136thAvenueNW GENERAL BACKGOUND/HISTORY The applicant is requesting a variance to allow the principal structure to encroach five (5) feet into the required front yard setback and a variance to construct an addition to an attached garage that will encroach 12.1 feet into the required sideyard setback from the street. September 9.1999 - Field Measurements Staffwas contacted by the Stinson's to visit the property and conduct field measurements to determine how large of an garage addition could be constructed. The survey that was prepared on 8/12/86 and field measurements indicated that an 9' 10" x 22 addition was the maximum size that could be constructed. Staff relied on the survey and it was found later that the field measurements were incorrect. September 13. 1999 - Building Permit Issued On September 13, 1999 a permit was issued by the Building Department for Mr. Stinson to construct a 9' 10" x 22' addition to his attached garage. Mr. Stinson began construction by removing a concrete slab adjacent to the attached garage and making preparations for footings. September 22. 1999 - Footing Inspection Conducted A footing inspection was conducted on September 22, 1999 by an Building Inspector. It came to his attention that the addition appeared to be closer to the sideyard setback from the street and requested that Dave Almgren, Building Official visit the site to verify the setbacks. It was at this time, the City felt the survey on file was inaccurate and requested the property owner to have a new survey plan completed. The new survey indicates that the principal structure does not meet the front yard setback and is a non-conforming structure. COMMISSION OPTIONS 1. Approval. The Planning and Zoning Commission may recommend approval to the City Council of said request finding that the request meets the conditions established in Ordinance No.8, Section 5.04. " 1 " Page Three Variance - John Stinson 2551 136th Avenue NW 2. Denial. The Planning and Zoning Commission may recommend denial to the City Council of said request. The Commission finds that no hardship exists. 3. Table. The Planning and Zoning Commission may table the item pending further information from staff or the applicant. A resolution is attached for your review. STAFF RECOMMENDA nON Based on the inaccurate information given to the property owner, Staff recommends approval of the variances being requested. Staff requests that the variance fee be refunded to the applicant. , A TT ACHMENTS Staff Report Resolution Recommending Approval of Variance Requested Building Permit Application Materials Land Survey (8/12/86) Land Survey (9/30/99) Variance Application , / r;!;.t)7 . ,/ ~ ~~I'r"'Vt.,) e ,,2$S/-/Jt,~~4a.l a~.J ~ ~ ~ ~ _~~~~"'~,v / ~ 'j/~?~~~~ ~:'2 a-/'~~~,~ ~~ adl.L.Z;;rc. ~...I~ - tL~~~ ~ ~ ' ~ ~~~/~~~ -&..:6.1 s: E. 7~~. ~L./--rn~~~"~--' ~~~~-~~~~ ~ /~~<--'. ~..:- ~. I' ~.(~ ~ ~~~.~~2 ~-::, .J4<' t!'7$~~~ ~ ~~~~"'i1(~4 ~ ~ ~ ~?t B:? ~ 5&- ~ :zk: ?': s~. :z4:D -??f4;;;"~..oz- ~ ~ cjl",~~ .::d..:, -o/~~L:-j1 ~~-~... ~ ~~ ~;;~.. ~<;-;;::z:.~~~7~ J ~ ~ &~T~~"e~t, ~~ ~,._~~~-.,. t:::L ~~~. ~p ?L~(?-(J-r-<< r ~4/~~e"'. --. ~I'~<~/...,:.- ~~ ft:a "\ , , . I CHERRIER , WINTER & ASSOCIATES, INC. Telephone: 424-8644 REolSTEREO PROFESSIONAL. LAND SURVEYORS \f' <l ~.... ~ " - I ... ~ ~ f 'I k'l ~ -j .,~ "'. \ N 3621 - 85th Avenue North Brooklyn Park, MN 55443 'Certificate of Survey Property Owner: Good Value Homes, Inc. Legal description: Lot 1, Block 3, HIDDEN CREEK, according to the plat of record thereOf, Anoka County, Minnesota. Dashed lines denote drai age and utility easements. -. ~ . 30 <) - S 0 .0 ~ <:sj "' ~ ~ ~ " " \. ~ Cf) C <l ~ ~ E'as ./- IIO.8fc I If ~:J'f ~ ~ ,11 e.'i\1,,\9- /; ~.~ I~- - '" ~ $~ - - -- ~ ~ 40 , ., '10 r; - ~.s ~ Ui i/O.8le ' - ('. . . -< , I ~ - ., / ,/ '; i.,:" ;;. " /--' 't' f ._ 'v~p~"''1 ~ c :,Sit- N'I !'Iv/. ''''i- . --- , ",\, hereby certify that this survey, plan, or report was prepared by me or / under my direct supervision ~n thlt I 1m I duly Registered Lind Survlyor u~the laws oJ ~hr of Minnesotl .g.c.L"t ~ ,,<<:t4tL.1J.'U'1 ~ Date 6"-/;:2 ';&Reg No. 9064 [ ..., ~ f (;1 S.), J 5 (., ~l ~c s ~Ie 1 inch Iqulls 30 o Indl~tls Iron Monumlnt Book Job No. feet P,ge 1248 CAINE a ASSOCIATES LANDSURVEYOR5, INe. 17720 Highway 65 N.E. - Ham Lake. Minnesota 55304 434 - 7646 / BUILDING LOCATION SURVEY FOR: John Stinson LEGAL DESCRIPTION: Lot I, Block 3, HIDDEN CREEK, according to the recorded plat thereof, Anoka County, Minnesota. Etf:J.sr . { .>D.....c::I....,., 47~ ,cf. t.lfd,'f'f .e'&-'~r~"'\ ~F----- ---- ~-I/~ _/ O-t' ();.. c>>~ '3~ .f~ r .~ .\' .~':.~ ~l \.... . ';;1r----1 i ~ -s 7- .,f "'r- IL~ , .. . <' ~O_' ~, X. . -'. ' _----L'~\., II,: - . ...... ClI' 0'; 00 , \0,,0.,1\0' p: ., \l- ~."... 1 Q cO ,I 27." .~, '..~' ,C e:/o' I~'" - -x&" "2.7." .....' Q -' , - ....'.,. , J' .l- t." ~' ,- o ... .. I /. .. .~ , / Z'I." ... .~ 1'\ ~ ~~ .::r:. / I ~ , -' #O,8~ West- , ,- ./ Q .... /' .;;l",..:~.. : :',... '4-::~ . " ~.1-..-" . o rn . / sccu!' 1'lItr:ii~.2!?- ~Ej-.. O'DEIfD~ ~CJI ~_ UT. .. RJto~!I ,DIIItD /ff()f/j _E/IIT. 'EAR~' SlttJlnf. A"E' U$lIMED. . . 30 .~ ~ 3D , , :/ ,r i I ~~!!:!..rn!..72fr. r~r.p!.IS S/lRYEr. ",AN, DR REPOIfT WAS ,.HEPl4RED 'Y lIE OR UVDEH MY DIRECT SU1'l:RVISION AND THAT I AM A DilLY REIiIS1'ERED LAND Sl/RVE'/OR IINOER rHE LAWS 01' THE STATE OF MINNESOTA. -fi~d. ~ C I .'(J DAT~,~~. ~ I~fj HEU. NO. !2Z$I JOB M:l 99-25' SEe. ?3 1: s:L /II z.v ..?;::2.'::~ :1~~- '~ '. if ) , \.L ./ " " .__ .-rr...- ~---~;;:.:>-" CITY of ANDOVER Property Address VARIANCE REQUEST FORM 255 I 13~-fz- A\I~ NW Legal Description of Property: (Fill in whichever is appropriate): Lot ~ Block 3 Addition ~(OOEAJ C~~ Plat Parcel PIN (If metes and bounds, attach the complete legal) ----------------------------------------------------------------"----- Description of Request to AlJ.J)...J ~ f1'rrAcAt:1? CAtt..Aa M{)l110t0 JOl'-'L"2- '1b evOloA<:~ rL I nx:r 1V't\) -me 51/JQY/t1tO ~~ t-rtotVJ . <;'iIl&::, ~pecific Hardship i Section of Ordinance tJ() ~,$u.f-C,.02.. Current Zoning ~- L{ --------------------------------------------------------------------- Name of Applicant J 0 h f1 '5//115 (J h Address -;J.f;'5/-/1t, J4v~ /Vh/ ftndov.t.Y 'ht'1 7~3t1t1 ::::a::::~ ~'" Phone Date 'tAt?/?r --------- ~---------------------------------------------------------- Property Owner (Fee Owner) (If different from above) Address Home phone Business Phone ~ignature / Date --------------------------------------------------------------------- VARIANCE PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and north arrow; dimensions of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. Application Fee: Single Family Other Requests Date Paid Off,;,) /~ ~ $125.00 Receipt # 5 q'-{Cf {p Rev.I-07-92:d'A 5-23-94:bh 1-07-97:bh Res. 179-91 (1l-05-91) J CRITERIA FOR GRANTING A VARIANCE In granting a variance, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission, and: 1. If the request is in keeping with the spirit and intent of this Ordinance. 2. If it finds that strict enforcement of this Ordinance will cause undue hardship because of circumstances unique to the individual property under consideration. 3. Ifit finds that denying the request does not deny reasonable use of the property. 4. Economic considerations shall not constitute an undue hardship if reasonable use of the property exists under the terms of the Ordinance. \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ DATE: November 2. 1999 ITEM NO. Discuss Traffic Study/139th Avenue NW & Marigold Street NW 5. ORIGINATING DEPARTMENT Todd Haas, $" Engineering AGENDA SECTION Discussion Item The City Council is requested to review the accident history and multiway stop warrant for the intersection of 139th Avenue NWand Marigold Street NW. If the City Council recalls, the warrant analysis was authorized on August 3, 1999. Note: Staff met on October 28th with one of the residents (Bern Perry) who was concerned with the traffic conditions at this intersection and reviewed the report. Staffs recommendation is included in the report. " J ,/ .., I .' ACCIDENT HISTORY AND MUL TIWA Y STOP WARRANT ANALYSIS for the intersection of 139TH AVENUE NW & MARIGOLD STREET NW " . I OCTOBER 1999 \ .I CITY OF ANDOVER. ENGINEERING DEPARTMENT ACCIDENT HISTORY AND MUL TIWA Y STOP WARRANT ANALYSIS , I / 139th Avenue NW & Marigold Street NW SECTION I - EXISTING TRAFFIC CONTROL: This intersection is controlled by stop signs on the minor approaches. Northbound and southbound traffic on Marigold Street NW is not required to stop and westbound and eastbound traffic on 139th Avenue NW is controlled by stop sign on 139th Avenue NW. SECTION II - TRAFFIC VOLUMES: Intersection average daily traffic (As per traffic count on 8/24/99 & 8/25/99) 2,244 (vehicles per day) Marigold Street NW Northbound) Marigold Street NW Southbound 139th Avenue NW Eastbound 139th Avenue NW Westbound 413 vpd 1,007 vpd 660 vpd 163 vpd SECTION III - ACCIDENT DATA: According to the Anoka County Sheriff's Department there was one (1) accident in the last twelve months. , , J SECTION IV - MUL TIWAY STOP WARRANTS DEFINITIONS FROM THE MMUTCD: 2b-6 Multiway Stop Signs The Multiway Stop installation is useful as a safety measure at some locations. It should ordinarily be used only where the volume of traffic on the intersecting roads is approximately equal. A traffic control signal is more satisfactory for an intersection with a heavy volume of traffic. Any of the following conditions may warrant a multiway STOP sign installation (sec. 2B-4): 1. Where traffic signals are warranted and urgently needed, for multiway stop in an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installation. . We do not have above situation. Hence it's not applicable. 2. An accident problem, as indicated by five or more reported accidents of a type susceptible of correction by a multiway stop installation in a 12-month period. Such accidents include right- and left-turn collisions as well as right-angle collisions. There was one (1) accident in a twelve month period against five (5) or more required to apply this clause. . We do not have above situation. Hence it's not applicable. / 3. Minimum traffic volumes: a) The total vehicular volume entering the intersection from all approaches must average at lest 500 vehicles per hour for any 8 hours of an average day. The vehicular volume entering the intersection for all approaches is less than mentioned above. , . We do not have above situation. Hence it's not applicable. b) The total vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour. , . " . We do not have above situation. Hence it's not applicable. c) When the 85 percentile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. . We do not have above situation. Hence it's not applicable. SECTION V - SUMMARY: The existing controls at this fourway intersection at present are consistent with MnDOT policy for stop controls. The multiway stop warrant based on accidents and/or traffic volumes has not been met for this intersection. This study shows that as per the Anoka County Sheriff's Department there has been one (1) accident in the last twelve months. SECTION VI- RECOMMENDATION: The installation of an all-way stop at this intersection is not recommended at this time since all-way stop warrants have not yet been met. It has been indicated by residents that excessive speed is a problem at this general location. The following traffic calming improvements could be made: 1. Installation of one additional 30 MPH speed limit sign south of 139th Lane NWon Marigold Street NW. 2. Install reflectorized florescent orange batten boards on 30 MPH signs which will help give attention to what the speed limit is along the section of street. 3. Coordinate with the Anoka County Sheriff's Department for additional patrols and the periodic set up of the "speed" trailer. 4. The adjacent properties could petition for sidewalk improvements. 5. Provide additional lane striping along Marigold Street NW between Bunker Lake Boulevard NW and 139th Lane NW as a traffic calming measure. , ~ . / .Jlndover Pu6fic rvtlor~ C])ivision 1685 Crosstown {]3ouCevard":N'W - }lnd"over, 'M:N 55304 TO: FROM: DATE: SUBJECT: COPY: Todd Haas - Engineering Department Andover Sign Department Tuesday, September 07, 1999 139th Avenue and Marigold Street Traffic Counts I 57th Avenue and University Avenue Traffic Counts File Below please find the information for two twenty-four hour traffic counts taken at the intersections of 139th AvenuelMarigold Street and 157th Avenue/University Avenue. , ~ - ~ NORTH EAST NORTH EAST INTERSECTION OF 139TH AVENUE AND MARIGOLD STREET 8/24 - 8/25 8/25 - 8/26 8/24 - 8/25 8/25 - 8/26 Total 171 155 326 for 48 hours I Total 408 418 826 for 48 hours WEST 1,117 L037 2,154 for 48 hours 453 427 880 for 48 hours If you have questions or comments concening these counts, please feel free to contact the Sign Department or Frank. Thank you. 8/24 - 8/25 8/25 - 8/26 620 701 Total 1,321 for 48 hours SOUTH INTERSECTION OF 157TH AVENUE AND UNIVERSITY AVENUE 8/31 - 9/1 9/1 - 9/2 8/31 - 9/1 9/1 - 9/2 Total 502 466 Total 968 for 48 hours WEST 8/31 - 9/1 9/1 - 9/2 8/31 - 9/1 9/1 - 9/2 Total 1,179 1,036 Total 2,215 for 48 hours SOUTH DMlMP::rnn FILE: G:IWORDlstulT-dmI139-mari,doc ~: ~ i -- I i ~I I J r=rr- : '[ ~ I L - - I i ~~ 'I I i ~(, L-. i"3 1...--'; ,. " a' ~ _ 'I ! ..:, Dq;"Sf. . INOIA;; , ~', --F. . . \. ~ , . R""- ~ ' _ _ .. ~~'-~"M~S: ~'" ~~~~' "/.7 .;./. ;~v\ J~' , ,1' .;H' fA4-'.'K ,,~'R,' J~ ~ :.(~~r ~ I , . I AOO :. .~ ~. 6. . . :'I ~~/'8"2, I ~~H: , 400 I} \ ' \ !I,''-: .. .~;;;+~'" :"o'~:i-f:' ': ~~ , I' ;;:2 i'--3l:~kjn'&~ .:: ::1-l:t -:-T'): . I, ;;'.:._ ~ ~ ' p. y"AT:ESI ~ :. //1.: !12-v. '/. ~ \(,,1{, . m I ,I ~R I ,',' ~,; '/-1': . ':\, ~ - ',' J . ...,. I ----:=:::::..,:----.., \,,:- ~ -::~ - -..-!~ . ~;sr" . .n. -- - "__,' \~'7\>: . 1E;A~! :Y~:1 I · I -! ~ ROUND '~ 'i", I. 1. I. . 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If ::..:.. , . \.., 1, ;.... , :p;:.:.. ~ ~ : ,I-- C: : l' 0,' -.. - Im,_, _," _ _ ~r , . I I . t;.,tJ , "'~ - CST, II r;;; . I"'!' 1'\ L-.___ ~\. . , . .~ '~ &~~ ..,.,. {J: .-.-- , , I I.~ I~ , I............ ':',1_ i I I:.r.- w i : :.V' , ' ! l))if'''' i '~ , i ! '.. '/, , '" "" .' " Ic:'-,'.l ""~. ,. SH.I.Of:O UtA OENOTES PARK AREA SEtSEC:Ec:t9 S0 DO 170'381;ld 6S:Et 66. SUP E R SEA R CHI N C IDE N T f.ormat: F2 Inter: marigold at Dt R td: 01./01/97 ACTIV . ITY INCIDENT LOCATION 12003 139 .ave/m.arJ.gq;Ld~_~~e_r_"'''' .(~ o I ,i.imited: 'i -'Street: 139 I,' - INC ISN DATE-TM RPTD ' , 99003197_ 1 01/06/99 0846 , / :pror~l!tt d" ""'''''"'De z V c!. 1,\.1'" \ <.!,.5 No ,....jv...'j. ,'01\" o {-.Ie Limited: y SUP E R SEA R CHI N C IDE N T Format: F2 5u'eet: marignld Inter: 139 Dt: Rptd: 01/01/97 ACTIV _ INC ISN DATE-TM Rl?TD ITY INCIDENT LOCATION 97061889 1 04/10/97 1036 90001 139 ave nw/marigold, andover--j\fO~ '. , / F1-Incident Fs-page FWd F2-Inc Locat'n F3-Activity F4-Grid FG-page Back F7-Se1 Record Fa-Menu ShF9-Case Report ENTER-Sel Record ac.~ 1~'1/~cL, CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ / DATE: November 2. 1999 ITEM NO. Discuss Traffic Study/157th Avenue NW & University Avenue NW Co, ORIGINA TING DEPARTMENT Todd Haas, /' Engineering AGENDA SECTION Discussion Item The City Council is requested to review the accident history and multiway stop warrant analysis for the intersection of 157th Avenue NW. If the City Council recalls, the warrant analysis was authorized on August 3, 1999. City staff met with the City of Ham Lake (City Administrator, City Engineer and Road Committee) on October 26th. The Ham Lake Road Committee felt recommendations in the report should be pursued. The Ham Lake City Council will review the report on November 2nd. Therefore, we hope to provide information as to Ham Lake's recommendation to the City Council at the meeting on Tuesday. ; Note: The cost of installing a street light at the intersection is $1,400. Staff is pursuing the idea that a street light should be installed also at Crosstown Boulevard NWand University Avenue NW with the City of Ham Lake. If Ham Lake agrees that lights are to be installed at both Constance Boulevard NWand 157th Avenue NW at University Avenue NW, Ham Lake would be responsible to pay for one of the lights and Andover would pay for the other light. , \ , / I ACCIDENT HISTORY AND MUL TIWA Y STOP WARRANT ANALYSIS for the intersection of 157TH AVENUE NW & UNIVERSITY AVENUE NW , ; OCTOBER 1999 '\ / CITY OF ANDOVER. ENGINEERING DEPARTMENT ACCIDENT HISTORY AND MUL TIWA Y STOP WARRANT ANALYSIS \ ) 157th Avenue NW & University Avenue NW SECTION I - EXISTING TRAFFIC CONTROL: This intersection is controlled by stop signs on the minor approaches namely 157th Avenue NW (eastbound and westbound). The major approaches is on University Avenue NW which is not required to be controlled (northbound and southbound). SECTION II - TRAFFIC VOLUMES: Intersection average daily traffic (As per traffic count on 8/24/99 & 8/25/99) 3,058 (vehicles per day) University Avenue NW Northbound) University Avenue NW Southbound 157th Avenue NW Eastbound 157th Avenue NW Westbound 413 vpd 440 vpd 1,107 vpd 1,077 vpd SECTION III - ACCIDENT DATA: According to Anoka County Sheriff's Department there was only one (1) accident in last twelve months. \ SECTION IV - MUL TIWAY STOP WARRANTS DEFINITIONS FROM THE MMUTCD: / 2b-6 Multiway Stop Signs The Multiway Stop" installation is useful as a safety measure at some locations. It should ordinarily be used only where the volume of traffic on the intersecting roads is approximately equal. A traffic control signal is more satisfactory for an intersection with a heavy volume of traffic. Any of the following conditions may warrant a multiway STOP sign installation (sec. 2B-4): 1. Where traffic signals are warranted and urgently needed, for multiway stop in an interim measure that can be installed quickly to control traffic while arrangements are being made for the signal installation. . We do not have above situation. Hence it's not applicable. 2. An accident problem, as indicated by five or more reported accidents of a type susceptible of correction by a multiway stop installation in a 12-month period. Such accidents include right- and left-turn collisions as well as right-angle collisions. There was one (1) accident in a twelve month period against five (5) or more required to apply this clause. . We do not have above situation. Hence it's not applicable. 3. Minimum traffic volumes: " a) The total vehicular volume entering the intersection from all approaches must average at , J lest 500 vehicles per hour for any 8 hours of an average day. The vehicular volume entering the intersection for all approaches is less than mentioned above. . We do not have above situation. Hence it's not applicable. b) The total vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour. ) . We do not have above situation. Hence it's not applicable. c) When the 85 percentile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. . We do not have above situation. Hence it's not applicable. SECTION V - SUMMARY: The existing controls at this fourway intersection at present are consistent with MnDOT policy for stop controls. The multiway stop warrant based on accidents and/or traffic volumes has not been met for this intersection. This study shows that as per the Anoka County Sheriff's Department there has been one (1) accident in the last twelve months. SECTION VI - RECOMMENDATION: The installation of an all-way stop at this intersection is not recommended at this time since all-way stop warrants have not yet been met. It is recommended that the City of Andover and the City of Ham Lake continue to monitor accidents at this intersection on an annual basis and continue to study traffic volumes and turn movements at this intersection. If accident and severity rates go up to meet all-way stop warrants, all -way stop should be recommended at that point in time. / However, we are considering to have one or more of the following items listed below to improve the safety of the intersection. 1. Evaluate the existing Stop Ahead signs for north and south bound traffic on University Avenue to ensure that they are located in the proper location. 2. Install a Cross Road sign for the east and west bound traffic on 157th Avenue NW to indicate presence of an obscured cross road intersection. 3. Paint stop bars at stop locations. 4. Installation of an overhead street light at the intersection. "- / I @ jlndover Pu6Eic ~rk.J (])ivision 1685 Crosstown (]Jou{evara:N'W - }lnaover, 'MJ{ 55304 TO: FROM: DATE: SUBJECT: COPY: Todd Haas - Engineering Department Andover Sign Department Tuesday, September 07,1999 139th Avenue and Marigold Street Traffic Counts 157th Avenue and University Avenue Traffic Counts File Below please find the information for two twenty-four hour traffic counts taken at the intersections of 139th Avenue/Marigold Street and 157th Avenue/University Avenue. INTERSECTION OF 139TH AVENUE AND MARIGOLD STREET NORTH 8/24 - 8/25 408 I 8/25 - 8/26 418 Total 826 for 48 hours EAST 8/24 - 8/25 620 8/25 - 8/26 701 Total 1,321 for 48 hours NORTH EAST WEST 8/24 - 8/25 8/25 - 8/26 Total 171 155 326 for 48 hours SOUTH 8/24 - 8(25 960 8/25 - 8/26 1,055 Total 2,015 for 48 hours INTERSECTION OF 157TH AVENUE AND UNIVERSITY AVENUE 8/31 - 9/1 9/1 - 9/2 502 466 Total 968 for 48 hours WEST 8/31 - 9/1 9/1 - 9/2 Total 1,117 1.037 2,154 for 48 hours 8/31 - 9/1 9/1 - 9/2 1,179 1,036 Total 2,215 for 48 hours SOUTH 8/31 - 9/1 9/1 - 9/2 Total 453 427 880 for 48 hours If you have questions or comments concening these counts, please feel free to contact the Sign Department or Frank. Thank you. " 1 DMlMP::rrm FILE: G:\WORDlstulT-dm\139-mari,doc ./ I , .. C:0' 38tid 5>: t 5>:C:>:C: t 9 . / ~d"'W'-O e Co..Me\\~ /'Limited: y S U v ~ ~ $ ~ A ~c H ! N C ! DEN T Format: F2 Street: university ~(~r: 157 ~t Rp1:c'l: 01/01/97 I - ACT IV , --'- I - INC ISN DATE-TM RPTD' IT'i INCIDENT LOCATION " 97059322 1 04/06/97 1012 11006 university ave/157, ham lake ) 97240717 1 12/07/97 2056 12006) university ave/157. ham lak.e~. 99145260 1 07/20/99 1631 1000J~university ,ave/lS7. andover C S"p.-uJi'Q Co." lh +- Limited: y SUP E R SEA R CHI Str.eet: university ave nw Inter: 157 ACTIV .L'l'lC INCIDENT LOCATION l""~v.r"itY .v. "v"" 10013 57 ave nw/university ~2 5 7 ..A.~.nw /uni versi ty ~....1 -~ 1-1 ve........:...~ (ftr V ~ '=-1) , 55:>:t 66. 50 IJO beer NCIDENT aye nw FO:tmat: F2 Dt Rptd: 01/01/97 '~ ,/'- INC ISN DATE-TM RPTD ~ 98089951 1 05/12/98 1844 , 98247374 1 12/05/98' 1414 99247374 2 12/05/9~ 1414 ;-../1 g /6/77 ave nw, ave nw, aye nw, andover '............ andover", andover O-C c.l.d..t~. - / . "! -' bttl,,,:-t s....p 03 S-fop $.'0' {ooo'f Peno~...\ rV\ 5lAl" y /200;:: ?er5""~=( 7"'';-'7 F1-Incident F5-page Fwd F2-Inc Locat'n F3-Activity F4-Grid P6-Page Back ~7-5el Record Fa-Menu ShF9-Case Report ENTF.R-Sel Record / J a c..CAJ.IJ-~ IS1/~ ~'., " i j!. I: I !; I .i is: I 'i Il, I I,' -I. ,j I I Ii I . ' , - ,,- , / I ' . . , AOo.2' ; . . 'I I I l -- o o. ~ i i , I'ii.'~ I " I I D~' " , , '.~D' ::1 ilL ,I 'I ;--1 \' i i _ II' ,I I I II = v t'" i --1 ~II"'~ ~ . ': ~r~~i- "I I -1bS- _-1.11 - !i" :~J~/€I j'l /;",",'" !! ~ I /OAKSI ~ III II , 1[Jrl II : . 1 _I, :------f-- , II! ' " ~II 1 \ ,\ 1. . I -J' fT,- , .fT' f-;- I' . .......:..-~' TM _v.... , ,. " "i . ~f--;- +- . iVr;-l;1-'c +- : ~~~ yp,yff-jh~ t- ~.j+t"f.f.l..jr1T II I I I I , I I I I ! I ....:-. 1 ~ I r:ff,~I-~~At<J~'~~[j ~EO) e:~fA~~":t '..., , .' @. BIRCH", 'D ..tI/ ;;- 7/ 'P~Nl1, ~. /1 0/7 ~I/ 170TH AVE. NW 169TH AVE. NW : I 168TH AVE. NW 2 167TH AVE. NW I66TH AVE. NW 112 ~ 16~TH AVE. NW 164TH AVE. NW 163RO AVE. NW 162ND AVE. NW a\'\ ~\'t " -..;~\~; , , / ',::, 161ST AVE. NW , , , , " 160TH AVE. NW 159TH AVE. NW I L ~ ~AI,- ~~ .---7 3 z~ $1..... Frl t58TH AvE. NW 1!S6TH AVE. NW <€ cf. I ~ I' " ;; 155TH AVE. NW ck () w ~ I:' ~ i 1!S4TH AVE. NW ~ 1<( > .~!.i t ::,;: -r:: J: 153RO AVE. NW - .J w ~~.:-~ u.; ~~ O~ ......I!S2NO AVE. NW (J)iu.. ..... ~... ~I I I I jt ! 6 151 ST AVE NW .......~'/o ' ..; , /1 -..~\,~ , ~ , ~~OO :~~X/, 4~~'\~'IJ/ ' 2 \rio,/3' / /~ 6 7 t}.~ 5/ 6 / / ' ~ I I I I I \ I ~ UII ,t - I ~ Regular Andover City Council Meeting 'Minutes - January 18, 1994 / Page 5 SOLID WASTE MANAGEMENT CHARGE DISCUSSION/COUNTY REPRESENTATIVE " Elliott Perovich, Anoka County, reviewed the new program for the funding of costs related to the solid waste management programs. The county has adopted a reduction in the Mtipping feeM to haulers who bring thei~ waste to the Elk River facility to make it cost competitive with out-of- state landfills. This should then be offset by a reduction in the haulers' charge to their customers, that reduction estimated to be about $31 per year. In addition, the county will be imposing a Solid Waste Management fee to make up for the loss in revenue resulting from a federal court ruling. That fee will appear as a special assessment for residential and non-residential categories. Residential units will be assessed $36.09 per single-family unit, $28.87 assessed per pad for mobile homes, and $23.46 assessed per apartment unit per year. Non- residential categories will be assessed based on the market value of the improvement of the property, not on the land. The Council questioned the justification for the Solid Waste Management fee based on market value of the improvement in non-residential categories. Mr. Perovich expected there will be a change in the method of assessment for the non-residential units, as the market value concept ,was the best approach they could devise in the time allotted. An appeal Jprocess is in place to rectify any injustices that. may occur'in the non- residential category. Mr. Perovich also reviewed a chart showing the waste stream from the Elk River plant, with 83 percent of it turned into fuel for united Power Association and only 11.6 percent sent eventually into a landfill. The Council discussed several aspects of the proposal with Mr. Perovich, then thanked him for his presentation. STOP SIGN WARRANTS, CONTINUED In reviewing the Statutes, Attorney Hawkins felt the City has the authority to place stop signs on the highways under its jurisdiction in locations deemed necessary when the conditions meet certain criteria listed in the Statutes. He felt if there are stop signs in the City located where not recommended by the traffic code, the City may be looking at some exposure for liability and they should probably be removed. He also felt the City has enough leeway to retain stop signs where there are dangerous situations, but they cannot be used to control traffic. Mr. Hawkins clarified that no study is heeded to install stop signs, but they must meet the warrants or criteria set out in the Code. The Council discussed the location of several signs and raised a concern , of the intersection at Bunker Lake Boulevard and Crooked Lake Boulevard ) mentioned by Mr. Orttel during the Resident Forum this evening. Mr. Haas stated he would like to review the county's plans for the upgrading of Bunker Lake Boulevard and their time line for that project. Council suggested this be reviewed by the Road Committee; then they discussed it further later in the meeting (See Page 7 of these Minutes). "\ , .' TRAFAe ENGINEERING MANUAL devices shall conform to the MN MUTCD and to Mn/DOT specifications unless a variance for experimental devices has been granted by commissioners order. Variations from the MN MUTCD Mn/DOT may authorize variations from the MN MUTCD only for purposes of investigation and research. It is important to note that any authorized variation {experimental traffic control devicesl in traffic regulations must be published in a .qualified newspaper of general circulation" in the area affected by the variance. A qualified newspaper is one which is recognized as a legal or official publication of the municipality (see MSA 331.02). Experimental devices are only authorized on Trunk Highways. ~ ~ 2-4.04 Placement and Maintenance on Local Streets and Roads . MSA 169.06. Subd. 3 \ / , " ) Local Responsibility Under MSA 169.06, Subd. 3 local authorities have both the right and the responsibility to place and maintain traffic control devices on streets and highways under their jurisdiction. All new traffic control devices shall conform to the MN MUTCD and to State specifications. Legal liability for the existence and condition of these facilities rests with the local authority, and not with Mn/DOT. 2-4.05 Unauthorized Traffic Control Devices Unauthorized Devices (MSA 169.07J MSA 169.07 gives Mn/DOT and local road authorities the authority and responsibility to identify and remove any sign, signal, marking or other device on Trunk Highways or other roads which is a traffic hazard or deters the effectiveness of official traffic control devices. Such devices may be removed by Mn/DOT without notice to the owner. This authority does not extend to informational signs on private property which cannot be mistaken as official traffic control devices. Red Lights, Signs. and Signals While most unauthorized devices may simply be removed by Mn/DOT, the removal of red lights, signs, and signals must be preceded by official notice. MSA 163.073 prohibits private individuals and companies from placing red lights, signals, or signs within view of highways or active railroads in such a way that affects the effectiveness or efficiency of official traffic control devices. Mn/DOT may order the removal or replacement of such lights by giving official written notice to the owner that the light is a traffic hazard. Notices shall be issued officially as required in MSA 216.17. In addition, the aggrieved party ( has the rights of appeal as required in MSA 216.25. 2-4:06 Railroad Stop Crossings. MSA 219.20 Responsibility for Railroad Crossing Signs With respect to the provisions of MSA 219.20 MnlDOT does not have the authority to install, ~eplac~, or remove signs on railroad property, including at railroad crossings. These signs and signals are the responsibility of the railroad company. Mn/DOT may declare a crossing '~angerous. and order the installation of stop signs at the crossing. Procedures for determining the need for traffic control devices at railroad crossings are discussed in Chapter 13 of this Manual. ( ( 2-4.07 Vandalism. MSA 169.08 Prosecution MSA 169.08 clearly provides a recourse against vandalism related to highways and traffic control devices. Vandalism is usually a misdemeanor. Prosecution is normally handled by the county or municipality in which the vandalism occurred ( 2-5.00 SPEED RESTRICTIONS 2-5.01 Basic Speed Rule (MSA 169.14. Subd. 1 The basic rule states in part that "No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.' This law governing motor vehicle speed provides that motorists are responsible for restricting their speed to that which is reasonable under the existing conditions. Regardless of the posted speed limit, this basic concept governs the enforcement of speed laws 2-5.02 Authority to Establish Speed Limits Mn/DOT has the authority and responsibility to establish speed limits on Trunk Highways and to authorize speed limits on any street or highway in the State. The purpose of this section is to discuss the laws and regulations permitting the restriction of sp eed on Minnesota streets and highways. 2-5.03 Speed Limits 2-5.03.01 MSA 169.14, Subd. 2 states in part that: 'Where no special hazard exists, the following speeds shall be lawful, but any speedS in excess of such limits shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful; except that the speed limit within ( ( ( \ 2. 8 \. , / .: 1992 TRAFFIC ENGINEERING MANUAL \ j 2-3.00 LEGAL RESPONSIBILITIES / 2-3.01 Legal Responsibilities of MnlDOT Minnesota Statutes Annotated (MSAI 161.20 places MnlDOT under the supervision and control of a Commissioner .who shall have and eXlll'cise the rights and powers and perform the duties prescribed by law.. These duties are generally described in MSA 161.20 and are more specifically defined in many other sections of the Statutes, primarily in Chapters 160-173. In general, the Commissioner must carry out the provisions of the State Constitution as it relates to the State highway system (i.e., Trunk Highways). To do so, he has the power to acquire property, construct and maintain highways. let contracts, make agreements with local communities. expend funds, and promulgate regulations. ~ ~ 2-3.02 Legal Responsibilities of Local authorities The Law - MSA 169.04 MSA 169.04, Local Authorities, has two important implications for Mn/DOT engineers. First, local authorities have virtually complete authority (with notable excePtions such as Speed 1 Zoning and Experimental Devices) over all streets and highways under their jurisdiction (county state-aid highways, county highways municipal state-aid streets and town roads). Since the statutes permit it. these local authorities may enact any ordinance or regulation authorized by the statutes affecting traffic operation on these facilities (for a legal definition of the various local roads. see MSA 1 60.02~arso see MSA 169.06, ) ---S-ubd. 2 and 3 on re51Ulrement to conform to the) MN MUTCDl. Second, local governments may un erta e ac Ions affecting Trunk Highways only with the consent of Mn/DOT. The District Engineer is responsible for the review of all ordinances, regulations, or proposed actions affecting Trunk Highways. 2-3.03 Mn/DOT Approvals Approval by the District . , Proposed ordinances, regulations, or restrictions affecting State Trunk Highways shall be investigated and approved by Mn/DOT before implementation. A formal resolution requesting an investigation shall be submitted to the District by the local authority along with a draft of the proposed ordinance. regulation, or restriction. Proposals which would inhibit capacitY or movement of Trunk Highway traffic, such as improper parking procedures. turn restrictions, truck routing, or similar items, must be investigated by MnlDOT. If the proposed change is covered by the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCDI, the Traffic Engineering Manual or Technical Memorandums, the District may approve the action without a / review by the Director, OTE. Form 29187, District Traffic Work Order, may be used for this purpose. " Approval by the Directo" Office of Traffic Engineering The need for statewide uniformity and the legally sensitive nature of some work orders requires a centralized review. In these cases, the District conducts an investigation of the proposed action and transmits the proposal to the Director, OTE with recommendations for action. At all times the District should make an effort. through close contact with local officials. to ensure that the applicable legal requirements are fulfilled. The Director. OTE shall review and sign any order affecting: . 1. Speed restrictions {see Section VI. 2. Designations of through highways (see Section VIII. 3. Experimental traffic control devices. 4. Changes andlor additions to guide signing on Interstate highways. 5. Business. bypass. alternate, and temporary route guide signing (except official detours). 2-4.00 SIGNS, SIGNALS, AND MARKINGS 2-4.01 Legal Background ~ This section will discuss the legal rights and responsibilities of Mn/DOT regarding the placement and maintenance of signs, signals, and markings on streets and highways in Minnesota. Chapters 6, 7. 8 and 9 of this Manual describe standards and procedures for their design and implementation. Areas that will be covered in this section include: (1 I the Minnesota Manual on Uniform Traffic Control Devices. (2) the placement and maintenance of signs, signals, and markings, (3) unauthorized devices, (4) railroad stop crossings, and (5) vandalism. ~ 2-4.02 Minnesota Manual on Uniform Traffic Control Devices Under MSA 169.06, Subd. 1, a Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD) has been prepared and adopted by Mn/OOT. Unless a variation is approved by Mn/DOT all traffic control devices shall conform to the specifications in the MN MUTCD. 2-4.03 Placement and Maintenance on Trunk Highways - MSA 169.06, Subd. 2 Mn/DO T Responsibility Under MSA 169.06, Subd. 2. it is the sole responsibility of Mn/DOT to place and maintain all necessary traffic control devices on Trunk Highways although permission to do so may be granted to other authorities by Mn/DOT. All such Q 2. 7 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , J DATE November 2. 1999 AGENDA SECTION Discussion Item ORIGINATING DEPARTMENT Scott Erickson,~[ Engineering ITEM NO. Discuss Reimbursement Request/752 - 140th Lane NW \. Mr. Dave Szykulski of 752 - 140th Lane N.W., Andover, has requested reimbursement in the amount of $750.00 for additional costs he has incurred when his contractor connected his home to the sanitary sewer in front of his property. When Mr. Szykulski's contractor excavated to connect to the sanitary service line on his property they indicate that they found a broken pipe which they then needed to dewater to repair prior to extending the service line to their home. Mr. Szykulski has indicated that he feels the City's contractor who performed the final landscaping was responsible for the broken pipe, thus he has forwarded his request for dewatering costs in the amount of $750.00. '\ / This request is being forwarded to the City Council since at this point in time (approx. 5 yrs. after construction and 2 yrs. since Mr. Szykulski connected to the sanitary sewer system) it is virtually impossible to identify how the pipe was originally broken. It should be noted that the City's utility contractor did successfully pressure test the pipe for this project although final landscape work probably occurred after the test. One other item we reviewed was the existence of private utilities on this side of the street (gas, electric, telephone, et...) and it did not appear that utility work would have caused the break. , , '~ r OAt/E. JIfO 71/ S:2/ J<< 41 " 7.:5' 2.., Ij)( // 4-/- /J#~C t/C7t... -;755 - - L-/ 71" ~ i'll CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , DATE: November 2. 1999 .' AGENDA SECTION ORIGINATING DEPARTMENT Staff, Committee, Commission Community Development ITEM NO. -;z Schedule Meeting ~. Economic Development Authority David L. Carlberg Community Development Director The City Council is requested to schedule a meeting of the Economic Development Authority for Tuesday, November 9, 1999 from 6:00 to 7:00 p.m. in Conference Room A. The purpose of the meeting is to discuss the architecture ofthe buildings proposed by 116, LLC, the park development south of the WDE site, and to approve change orders and final payments for the Andover Commercial Park Phase II. \ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , DATE: November 2. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Staff, Committees, Commissions Administration Richard Fursman ITEM NO. q, NMMN AMM/Choose REQUEST: The City Council is requested to consider continued membership with the North Metro Mayors Association, (NMMA) a new relationship with the Association of Metropolitan Municipalities (AMM) or both. There are a number of reasons which would justify being a member of either organization, it all depends on what the council considers compelling. '\ I The NMMA has represented the City well when the comprehensive plan was stalled and when the City sought to get special legislation for contamination clean-up. Regionally, the association is best know for efforts to improve the transportation system through the Northern Metro Area. There are also efforts for coordinating economic development opportunities, which are concentrated on the 35W corridor not impacting Andover much at all. The emphasis for the North will continue to be transportation, and a new sounding for larger metro projects to locate in the north. Projects similar in scope to the Minnesota Zoo, or other large draws. I would think the Blaine Super Rink and bike track/sports complex would fall into the category, if not at the same degree as the Zoo. The rest ofthe NMMA agenda looks either the same as the AMM/League agenda, such as City Zoning rights, TIF, levy restrictions etc.. The biggest difference would seem to be in the area ofthe Livable Communities Act and some transit issues. The philosophical disposition on Livable Communities comes from the idea that the northern part of the Twin Cities has most of the lower and moderate income housing, while the southern areas have not taken their share. This is regionally a pretty good argument, but it leaves Andover as the odd man out. The AMM has a broader appeal with issues related to every day metropolitan city applications. It could be argued that Andover has more in common with the fast growing AMM cities as opposed to the established cities of the NMMA. For example, Andover most likely has more in common with Cottage Grove, Woodbury and Chaska than it does with Brooklyn Center. AMM was also involved with the Livable Communities Act, but played the role of moderation. One of the most important votes Andover would bring to the table concerns State Aids and Fiscal Disparities. As I reported last month, Andover actually is a net gainer of $400,000 a year in fiscal disparities. I cannot see the day when Andover would have so much commercial development that that would ever change. The other vital link that could be strengthened at this point is the AMM relationship with the Met Council. This direct link to boards could be valuable to the City. Another factor to consider is cost: Membership with NMMA is nearly $12,OOO/year. Membership in AMM is under $6,OOO/year. ~ There are too many policies being developed for Andover to let everyone else take the lead and then just live with the consequences. We should be part of the process, and these organizations are important links. We should belong to at least one. CITY OF ANDOVER REQUEST FOR COUNCIL ACTION \ .I DATE: November 2. 1999 AGENDA SECTION ORIGINATING DEPARTMENT Non-Discussion/Consent ITEM NO. Administration ichard Fursman ID, Compensatory Time REQUEST: The City Council is requested to make allowance for Shirley Clinton, City Treasurer to 'cash out' 40 hours of her 80 hours of comp time now on the books. The personnel policy has a cap of 80 hours of comp time. There is no provision for the selling of comp time by salaried employees. Hourly wage earners have the option of being paid time and a half or earning time and a half comp time. Shirley has had to work many extra hours due to the absence of a finance director. The department cannot afford to let her take time off, so she is donating a lot of time to the City currently by working overtime with nothing to account for it. \ I would like to make this exception considering the circumstances of allowing her to cash out 40 hours, and then look at this more closely in the future through the personnel policy. / , ) " CITY OF ANDOVER . REQUEST FOR COUNCIL ACTION , / DATE: November 2. 1999 AGENDA SECTION Non Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Approve SUP 99-1 7 Land Reclamation Dionicio Borja 27xx South Coon Creek Drive John Hinzman, City Planner \ \. Request , '. , 1 The City Council is asked to approve a Special Use Permit for land reclamation at 27xx South Coon Creek Drive NW by Dionicio Borja (PIN 28-32-24-13-0003), legally described on the attached resolution. The applicant proposes to replace approximately 2,600 cubic yards of topsoil lost by wind erosion. The site is zoned R-I, Single Family Rural. Planning and Zoning Commission Review The Planning and Zoning Commission voted 5-0 (2 absent) to approve the proposal at the October 12, 1999 meeting with limited discussion. No comments were received during the public hearing. Attachments . Resolution for approval . Planning and Zoning Staff Report - October 12, 1999 \ / \ ./ CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR LAND RECLAMATION FOR DIONICIO BORJA ON LAND LOCATED AT 27XX SOUTH COON CREEK DRIVE NW (PIN 28-32-24-13-0003). WHEREAS, Dionicio Borja has requested a Special Use Permit for land reclamation comprising of2,600 cubic yards on land located at 27xx South Coon Creek Drive NW, legally described as follows: The East Half of the Southwest Quarter of the Northeast Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota. " / WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 4.23 & 5.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: I) Submittal of a finished grading plan identifying the I DO-year flood elevation and flood fringe zones and abiding by the provisions of Ordinance 8, Section 4.23. 2) That the land reclamation area exclude areas within the 100-year flood elevation. 3) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). / "\ " / \ / Page Two SUP 99-17 Land Reclamation - Borja November 2, 1999 ~- , Adopted by the City Council of the City of Andover on this 2nd day of November 1999. CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria V olk, City Clerk '. " Regular Andover Planning and Zoning Commission }deeting Minutes - October 12, 1999 Page 15 \. Commissioner Dalien tated he would move to recommend denial of the Special Use Permit, and indicate the reason for d . al is that the residents do not want it, due to their concerns regarding the affect to property values scenic views in the surrounding area Acting Chair Apel stated he w ld also indicate that Andover has none of these towers in residential areas at present, and the Commis . on does not desire to set a precedent. Commissioner Dalien stated he agree . Acting Chair Apel stated he would furtH r indicate that the relocation of the tower 100 feet west of the original site has not adequately addres d the flood plain and endangered wetland concerns, and these issues were not resolved. Commissioner Dalien stated he agreed ., lv/olion by Dalien, seconded by Falk, to recommend the City Council approval of the Resolution No. , a Resolution Denying the Special Use P 't Request of US West Wireless for the Construction of a Wireless Communication Facility (PCS tenna/Tower - 150 Feet in Height From Ground Level) on the Property Located at 32XX South Coo Creek Drive NW (Pin # 29-32-24-41- 0003), Legally Described as the East 615 Feet of the NE Y4 f the SE Y4 Lying Northerly of the Northerly Right-of-Way Line of South Coon Creek Drive W, Excluding Roads Subject to Easement of Record, for Reasons Including the Concerns of the eighborhood in Regard to the Effect to the Property Values and Scenic Views in the Surrounding eas, and that None of These Towers are Presently Located Within the Residential Areas of th City of Andover, and the Commission Does Not Desire to Set a Precedent, and the Issues Reg ding the Flood Plain and Endangered Wetland Have Not Been Adequately Addressed. Motion carri d on a 5-ayes, O-nays, 2- absent vote. Mr. Hinzman stated this item would be considered at the November 2, 1999 City ouncil meeting ..'j/J!UBLIC HEARING: SPECIAL USE PERMIT (SUP 99-17) - LAND RECLAil1ATION - 27x..'C j\ SOUTH COON CREEK DRIVE NW - DlONICIO BORJA. City Planner, John Hinzman stated the Planning and Zoning Commission is asked to approve a Special Use Permit for land reclamation at 27xx South Coon Creek Drive NW. The subject property is located between South Coon Creek Drive and Coon Creek, to the east of South Coon Creek Drive, and adjacent to Kensington Estates. He stated the property is zoned R-l, Single Family Rural. Mr. Hinzman reviewed the applicable ordinances and the criteria presented. Mr. Hinzman stated the applicant proposes to replace approximately 2,600 cubic yards of sand with clean tIlL to replace some of the topsoil that was lost in the area due to wind erosion that has Regular Andover Planning and Zoning Commission Meeting Minutes - October 12, 1999 Page 16 , , , ( occurred over the years. He indicated that some of the fill has already been brought onto the site, necessitating the Special Use Permit, which is required when more than 400 cubic yards of fill are brought onto the property. He explained that the finished grades would bring the elevation of the site up between one and four feet. Mr. Hinzman stated the proposed site is buffered to the north by trees and Coon Creek and to the south by South Coon Creek Drive. He noted the nearest resident is located over 350 feet from the subject property. He stated staff will require the applicant to provide a fmal determination of the 100-year flood elevation. He explained that staff has determined the flood elevation through FEMA maps, however, requires a closer delineation of the plan, and a condition that this be better identified has been included in the resolution. Mr. Hinzman reviewed the Commission's options for action. He stated staff recommends approval of the Special Use Permit, pursuant to the submittal of the final grading plan identifying the 100-year flood elevation, and the exclusion of that land from the grading. Motion by Falk, seconded by Hedin to open the public hearing at 8:19 p.m. Motion carried on a 5- ayes, O-nays, 2-absent vote. , , / There was no public input. " t Arlotion by Hedin, seconded by Daninger to close the public hearing at 8:20 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. Commissioner Falk inquired how the City regulates the amount of fill brought onto the site prior to approval of the Special Use Permit. Mr. Hinzman advised staff will go to the site during the application process, and examine the grading as it continues, to insure it is up to contour. He indicated at that time, staff will also insure that clean fill is being brought onto the site, adding there is an agreement between the City and the property ov.ner to verify that the fill is clean. Commissioner Falk inquired how staff would verify that the fill previously brought onto the site is clean. Mr. Hinzman stated this \vould be more difficult to determine, however. staff will examine the site in this regard as well. Acting Chair Ape! pointed out that 400 cubic yards of fill were allo\',:ed on the site without necessitating a Special Use Permit. i~'[OtiOfl Daninger, seconded by Hedin to Recommend Approval of Resolution No. R -99, a Resolution Approving a Special Land Use Permit for Land Reclamation for Dionicio Borja on Land Located at nxx South Coon Creek Drive NW (PIN 28-32-24-13-0003). Motion carried on a 5- ayes, O-nays. 2-absent vote. " / Regular Andover Planning and Zoning Commission }"Jeeting Minutes - October 12, 1999 Page 17 / Acting Chair Apel stated this item \vould be considered at the November 2, 1999 City Council meeting. PUBLIC HEARING: SPECIAL USE P UCENSE - I35xx MARTIN STREET NW - LOT 3, BLOCK 1, ANDOVER STATION -116, Uc. PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-20) - TWO (2) LI QUOR LICENSES -I9xx BUNKER LAKE BOULEVARD, NW -LOT 2, BLOCK 1, AND 'R STATION 0116, LLC Mr. Hinzman requested the Commission combine Items 5 and 6 for The Commission agreed. Mr. Hinzman stated the Planning Commission is requested 0 review the request for three (3) liquor licenses for 116, LLC in Andover Station. He explained ne of the sites is located at 135x.'C Martin Street NW, and the applicant proposes a banquet hail cility at this site, and requests to have one liquor license at that facility. He indicated the facility, 'Il be approximately 18,000 square feet, with " a 17,000 square foot courtyard area to the west fo receptions and other events, and liquor will be / served outdoors in this area. Mr. Hinzman stated the applicant is proposes construct a sports bar and restaurant on the same lot of record, and two liquor licenses are request!cI. He indicated the restaurant will be 6,400 square feet in area, and the sports bar and gaming facilitY will be approximately 22,000 square feet. Mr. Hinzman stated both facilities ant" ipate 2,000 square feet of outdoor patio area in which to serve liquor. He explained these are will be connected to the building, and will be closed off to access, to limit service to patrons onl . Mr. Hinzman stated the site will e predominantly surrounded by commercial uses, and the only residential area is south of Co ercial Boulevard, which presents a substantial boundary. He added that the use is consistent with the planned uses of the Andover Station Master Plan. Mr. Hinzman stated staffiecommends approval of the three liquor licenses. He stated specitic requirements in both resolutions stipulate that both areas must be contained and closed off for the outdoor liquor licenses/I .' i"Jolion by Falk, sec~nded by Hedin. to open the public hearings for items 5 and 6 at 8:29 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. , " / There was no public input. , ;' CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION , , J '\ / DATE: October 12. 1999 ITEM NO. 4 ORIGINATING DEPARTMENT SUP 99-17 land Reclamation Permit 27xx South Coon Creek Dr NW Dionicio Borja Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to approve a Special Use Permit for land reclamation at 27xx South Coon Creek Drive NW by Dionicio Borja (PIN 28-32-24-13- 0003), legally described on the attached resolution. The applicant proposes to replace approximately 2,600 cubic yards of topsoil lost by wind erosion. The site is zoned R-1, Single Family Rural. Applicable Ordinances Ordinance 8, Section 4.23 - Land Reclamation Land reclamation permits shall be permitted by special use permit upon submittal of a finished grade plan, which will not adversely affect the adjacent land. The following conditions shall be included upon approval: 1) Type of fill shall be regulated 2) Rodent control plan 3) Fire control plan 4) Site be generally maintained 5) Vehicular ingress and egress control plan 6) Control of material disbursed from wind or hauling of material to or from the site. - , ) Page Two SUP 99-17 Land Reclamation - BoIja October 12, 1999 Ordinance No.8, Section 5.03, regulates the Special Use Permit process and outlines the following criteria for review: I) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2) The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on the values of property and scenic views in the surrounding area. 4) The effect of the proposed use on the Comprehensive Plan Adjacent Zoning and Land Use All adjacent land is zoned R-1, Single Family Rural. Coon Creek bisects the property east to J west. The nearest resident is approximately 350 feet from the site. Background The applicant proposes to replace approximately 2,600 cubic yards of sand with clean fill to replace some of the topsoil that was lots in the area due to wind erosion that occurred in the early 1960's to mid 1970's. Fill will be brought in from an alley project in Columbia Heights. Although land reclamation was begun without a permit, work on the site has ceased until the issuance of the special use permit. General Review . The proposed site is buffered on the north by mature trees and Coon Creek, and to the south by South Coon Creek Drive NW. . The nearest resident is over 350 feet away. . Additional till will need to brought on site. . The final grading plan will need to be amended to show the 100 year flood elevation and floodway fringe boundary to ensure no grading is done within the flood zone. " / ) Page Three SUP 99-17 Land Reclamation - Borja October 12, 1999 Commission Options The Planning and Zoning Commission may recommend one of the following options: 1. Recommend approval of the Special Use Permit, finding it meet the requirements of Ordinance 8. 2. Recommend denial of the Special Use Permit, finding it does not meet the requirements of Ordinance 8. In recommending denial of the request, the Commission shall state those reasons for doing so. 3. Table the request pending further information. Recommendation \ ) Staff recommends approval of the proposal subject to the provisions of the attached resolution. Attachments . Resolution · Location Map . Grading Plan . Special Use Permit Application . Notice of Public Hearing '\ , / ~ City of Andover Dionicio Borja 27xx South Coon Creek Dr .,r" ,I " \ \ \ \ \ \ LEGEND - ,I" I Subject Property , I\J Street Center lines o 350' Mailing Boundary D Properties Notified N fA. Sources: Andover Engineering Andover GIS Anoka County GIS Parcels 8 Lot I Parcel Boundaries I Rlgnt.ot.Way Water Features 1 inch = 490 feet RF - 1:5.883 Map Date: August 10, 1999 . ,d - '- I .v( i , ! I ~ i.: :: ..:\0 / / I 'I ( I \ .,( :! l:C. :-: 11 r\: ~- 0:. \!)- ---- 'uj ~ d B! u;f . _. _. ...._--,.~~':h ..~--- - / 1685 CROSSTOWN BOULEVARD NoW. . ANDOVER, MINNESOTA 55304 . (61.2) 755-5100 SPECIAL USE PERKIT Property Address -PAlZCeL.~-.t2.~O.. &- 1'2.40, Pt.AT #-_~,2,e. Legal Description of Property: (Fill in whichever is appropriate): CITY of ANDOVER ,,---, Lot Block Addition , J2.E:>-~'2- '24. - I~ -o~~ PIN:i4-.~_ =-.2- '7d- -I~_rnn..t IS the property: Abstract"/ or Torrens ..? (This information must be provide~ can be obtained from the County. ) ----------------------------------------------------------------- (If metes and bounds, attach the complete legal description. ) ./ ~eason for Request To dress up the area better in order"toininimized the erosion problems. Basically, to replace some of the topsQU that OOSt inthe area due to wind erosion that occurred in the early 1960's to mid 1970. In order to control the erosion problem, I have planted three rows of trees of different species, one row being evergreen trees along the south side of the creek, a row of maple trees located 275 feet north along the north of South Coon Creek Drive,. (ben.';'eeii-the . creek and the Road) and a ro\V of green ash trees north ' along th~)!tre~t (South Coonc;reek Dr.) right-of-way. These trees are the wind barriers of this property and the public road as well. The new top soil I clean fill will be graded and seeded simultaneouslv.- , .., _. .'._, ___ ", _ . Section of ordina~ce OtZO Bf 'Sdr 4.2) Current Zoning _{2 _ \ "- ., ----------------------------------------------------------------- Name of Applicant ~\ON\c.IO e. 60(z.JA Address \C\(dl- .2Ci .11-\ Ave.. N W. ~et.<.l e:o\rAH"'7nN. MN. ~s 1\ L ' , , Home Phone (oS \ JB Business Phone (1012) C1U- "2..,SSo Date ~- \4-CfC1 --------------------- -------------------------------------- Property Owner (Fee Owner) (If different from above) Address , /Home Phone Business Phone Signature Date ----------------------------------------------------------------- ; CITY of ANDOVER \ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 '-."," NOTICE OF PUBLIC HEARING The Planning and Zoning Commission of the City of Andover will hold a public hearing at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, October 12, 1999 at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Special Use Permit Request of Dionicio BOlja for land reclamation of top soil located a~ 27xx South Coon Creek Drive NW (PIN 28-32-24-13-0003 & 0004), legally d~sciibed'as' follows: The East Half of the Southwest Quarter of the Northeast Quarter of Section 28, Township 32, Range 24, Anoka County, Minnesota. \ All comments will be received at that time. Written comments can be submitted prior to the meeting at fa" (612) 755-8923 or e-mail: Jhinzman@andovermn.com. A copy of the proposed application will be available for review prior to the meeting at City HalL Please contact John Hinzman, City Planner with any questions at (612) 755-5100. 1 ~O/. , r 5bhn Hinzman, City Planner Publication dates: Octo ber I, 1999 October 8, 1999 , \ / PIN 283224120001 ASHFORD DEVELOPMENT CORP 3640 152ND LNNW A' . .VER, MN 55304 / ~IN 283224130001 \NCHETA MONICO S & R L 2663 S COON CK DR \NDOVER, MN 55304 'IN 28322413003 30rja Dionicio R Trustee :763 S. Coon Creek Dr. ~dover, MN 55304 'IN 283224420004 ~ASTRO RENA TO C & ALMA R '648 S COON CREEK DR NW \NDOVER, MN 55304 IN 283224420002 'AVICHLUKE J & MJ 780 S COON CREEK DR NW ,NDOVER, MN 55304 \ / .N 283224310003 HARABALL Y PAMELA R :26 OAKMERE RD 'INNEAPOLIS, MN 55438 '. / PIN 283224210001 SL YZUK KENNETH L & M A 15211 NIGHTINGALE STNW ANDOVER, MN 55304 PIN 283224130004 BORJA DIONICIO R & C R 1969 29TH AVE NW NEW BRIGHTON, MN 55112 PIN 283224130002 ANCHETA MONICO S & R L 2663 S COON CREEK DR NW ANDOVER, MN 55304 PIN 283224240003 PEARSON RICHARD J & RENATE 2863 S COON CREEK DR NW ANDOVER, MN 55304 PIN 283224210002 QUALITY BLACK DIRT CO INC 4020 TYLER NE COL HTS, MN 55421 PIN 283224240001 QUALITY BLACK DIRT 4020 TYLER ST NE COL HEIGHTS, MN 55421 PIN 283224130003 BORJA DIONICIO R 196929THAVENW NEW BRIGHTON, MN 55112 PIN 283224240002 REYES ISIDRO & MARY 2823 S COON CREEK DR NW ANDOVER, MN 55304 , J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 2. 1999 AGENDA SECTION Non Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Approve SUP 99- 19 Liquor License 116, LLC 1 35xx Martin St NW John Hinzman, City Planner Id. Request The City Council is asked to review the request of 116, LLC to obtain a liquor license for a \ banquet hall facility to be built at 135xx Martin Street NW, Lot 3, Block 1, ANDOVER / STATION. The property is zoned GB, General Business. Plannin~ and Zonin~ Commission Review The Planning and Zoning Commission voted 5-0 (2 absent) to approve the proposal at the October 12, 1999 meeting with limited discussion. No comments were received during the public hearing. Attachments . Resolution for approval . Planning and Zoning Staff Report - October 12, 1999 " / - , / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR A LIQUOR LICENSE AT 135XX MARTIN STREET NW, LOT 3, BLOCK 1, ANDOVER STATION FOR 116, LLC. WHEREAS, 116, LLC has petitioned for a special use permit for a liquor license for a proposed banquet building at 135xx Martin Street NW, legally described as Lot 3, Block 1, ANDOVER STATION; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03 & 7.03; and. WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the special use permit on said property with the following condition: 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 2) That the Special Use Permit be subject to annual review and site inspection. 3) That liquor service outside the banquet building is limited to the courtyard area between the proposed facility and Martin Street NW, not to exceed 17,000 square feet with a controlled access. 4) The special use permit is contingent upon obtaining a liquor license. '. / '\ ;' \ Page Two 135xx Martin St November 2, 1999 Adopted by the City Council of the City of Andover on this 2nd day of November, 1999. CITY OF ANDOVER ATTEST: I.E. McKelvey, Mayor Victoria V olk, City Clerk \, / , ) Regular Andover Planning and Zoning ,"'/inutes - October 12. 1999 Page 17 Acting Chair Apel stated this item would be considered at ili ovember 2, 1999 City Council meeting. ..J/PUBliC HEARING: SPECIAL USE PERMIT (SUP 99-19) - liQUOR liCENSE - 135xx ft MARTIN STREET NW -LOT 3, BLOCK 1, ANDOVER STATION -116, LLC PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-20) - TWO (2) LIGQUOR liCENSES - 19xx BUNKER LAKE BOULEVARD, NW - LOT 2, BLOCK 1, ANDOVER STATION 0116, LLC. Mr. Hinzman requested the Commission combine Items 5 and 6 for consideration. The Commission agreed. Mr. Hinzman stated the Planning Commission is requested to review the request for three (3) liquor licenses for 116, LLC in Andover Station. He explained one of the sites is located at 135x."{ Martin Street NW, and the applicant proposes a banquet hall facility at this site, and requests to have one liquor license at that facility. He indicated the facility will be approximately 18,000 square feet, with " a 17,000 square foot courtyard area to the west for receptions and other events, and liquor will be served outdoors in this area. Mr. Hinzman stated the applicant is proposes to construct a sports bar and restaurant on the same lot of record, and two liquor licenses are requested. He indicated the restaurant will be 6,400 square feet in area, and the sports bar and gaming facility will be approximately 22,000 square feet. Mr. Hinzman stated both facilities anticipate 2,000 square feet of outdoor patio area in which to serve liquor. He explained these areas will be connected to the building, and will be closed off to access, to limit service to patrons only. Mr. Hinzman stated the site will be predominantly surrounded by commercial uses, and the only residential area is south of Commercial Boulevard, which presents a substantial boundary. He added that the use is consistent with the planned uses of the Andover Station Master Plan. Mr. Hinzman stated staff recommends approval of the three liquor licenses. He stated specific requirements in both resolutions stipulate that both areas must be co.ntained and closed off for the outdoor liquor licenses. Motion by Falk, seconded by Hedin. to open the public hearings for items 5 and 6 at 8:29 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. \ j There was no public input. , , , / Regular Andover Planning and Zoning Commission ""leeting Minutes - October 12, 1999 Page 18 ( IUotion by Hedin, seconded by Falk, to close the public hearings for Items 5 and 6 at 9:30 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. Motion by Hedin, seconded by Dalien to Recommend Approval of Resolution No. R -99. a Resolution Approving a Special Use Permit for a Liquor License at 135XX Martin Street NW, Lot 3, Block 1, Andover Station for 116, LLC. Motion carried on a 5-ayes, O-nays, 2 absent vote. Motion by Hedin, seconded by Falk to Recommend Approval of Resolution No. R -99, a Resolution Approving a Special Use Permit for Two (2) Liquor Licenses at 19XX Bunker Lake Boulevard NW, Lot 2, Block 1, Andover Station for 116, LLC. Motion carried on a 5-ayes, O-nays, 2-absent vote. Mr. Hinzman stated these items would be considered at the November 2, 1999 City Council mee~. Commissioner Falk inquired how soon the applicant proposes to commence construction of the facilities. Mr. Hinzman stated the applicant is presently going through the Commercial Site Plan process and staff is expecting the plans to be submitted within the next two weeks. He explained, however, in , terms of construction of the footings, it may be somewhat late in the season for this. / r Michael Quigley, representative of 116, LLC, the applicant, explained they were hoping to begin l construction of two of the buildings in November, pending the site plan approval and the issuance of the required building permits. PUBLIC HEARIi'iG: SPECIAL USE PERiJ/IT (SUP 99-21) - REAL ESTATE 155m A VENUE NW - FOX HOLLO W - GOR-EM, LLC. PUBLIC HEARING: SPECIAL USE PERlvlIT - (SUP 99-22) - MARTIN STREET NW - FOX HOLLOW - GOR-Ell-f, LLC. Planning Intern, Megan Barnett requested the Commissio combine Items 7 and 8 for consideration. The Commission agreed. Ms. Barnett stated the Planning and Zonin ommission is requested to review a Special Use Permit request by Gor-em, LLC to allow for 0 real estate signs. She indicated one of the signs will be located at 1641 155'" Avenue, and t other located at 15302 Martin Street. She stated the properties are both zoned R-4. Single Fami rban. \ Mr. Barnett reviewed the applicable ordinances and the criteria presented. I '\ ) / , , / CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: October 12. 1999 ITEM NO. 5 ORIGINATING DEPARTMENT SUP 99-19 Liquor License 135xx Martin Street NW 116, LLC Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to review the request of 116, LLC to obtain a liquor license for a banquet hall facility to be built at 135xx Martin Street NW, Lot 3, Block 1, ANDOVER STATION. , The property is zoned GB, General Business. 1 Applicable Ordinances Ordinance No.8, Section 5.03, regulates the special use permit process and outlines the following criteria for review: 1) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2) The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on the values of property and scenic views in the surrounding area. 4) The effect of the proposed use on the Comprehensiv~ Plan Ordinance 8, Section 7.03, Special Uses allows liquor licenses as a special use in the GB, General Business District. \ 1 Page Two SUP 99-19 l35xx Martin Street October 12, 1999 Adjacent Land Use Adjacent land use includes the following: . North - GB, General Business - proposed restaurant and gaming facility . East - GB, General Business - proposed steak house and sports bar\arcade . South - Commercial Blvd - R-4, Single Family Urban - Sunridge Sketch Plan. . West - Martin St. - GB, General Business - planned office or restaurant. Background The proposed parcel is being developed in conjunction with a steak house, sports bar\arcade and office\warehouse space by 116, LLC the developers of Andover Cinema. The banquet facility would be approximately 17,980 square feet. The applicant requests a permit to serve liquor within the building and approximately 17,000 square feet of courtyard area between the banquet hall and Martin Street. i General Review . Commercial Blvd buffers the site to future residential uses. . The use is consistent with the planned uses of the Andover Station Master Plan. . The liquor license shall be subject to annual review and renewal by the City Council . Liquor service outside the banquet hall must have a controlled access to limit service to banquet facility patrons only. . The Economic Development Authority and Andover Review Committee will review the commercial site plan for the addition including parking, lighting, grading, drainage, and erosion control. Commission Options The Planning and Zoning Commission may recommend one of the following options: 1. Recommend approval of the Special Use Permit, finding it meet the requirements of Ordinance 8. 2. Recommend denial of the Special Use Permit, finding it does not meet the requirements of Ordinance 8. In recommending denial of the request, the Commission \ shall state those reasons for doing so. ./ 3. Table the request pending further information. \ J ) Page Three SUP 99-19 135xx Martin Street October 12,1999 Recommendation Staff recommends approval of the proposal subject to the provisions of the attached resolution. Attachments ... . Resolution · Location Map · Site Plan · Special Use Permit Application · Notice of Public Hearing / j ~ City of Andover 116, LLC 135xx Martin St NW I 1786 1724 1716 1714 1650 , I / I , 2045 /1 , I / ,Il) / '~ I 2031 13459 13447 <> '" <> '" (0 o o N 4- LEGEND ': r I Subject Property I /\/ Street Center Lines o 350' Mailing Boundary o Properties Notified N A Sources: Andover Engineering Andover GIS Anoka County GIS Parcels E] Lot I Parcel Boundaries RIght-at-Way Water Features I inch'" 490 feet RF - 1:5,883 Map Date: August 10, 1999 /1 1 1 1 1 I 1---- J I I i I "-- 'I I I I I I i' 1 I I ,:L2Q~ _2S~ JI I l 0 , ~ -""'-- ----.- ____'_ _.____ ___-.::ar..____ _.__._ _.__'__'__'__'____ I 1 I I \ I )1 -- I I I ' I \1 , ~ i ~ I I , I' '10 I !!' , I : I ~ <) :{] n \, 11 , ) , ,-.J , I , .,..---., , I . I ~ i ! , . i I , t t , II I , ! , I I I , ' , .! . ' I , , \ ' I ! -./ , ,..---..., I '--.J , : , ,r--.. I . I I , ' i I , : , , I Q=OlA+d~(' S(!,rv.IC~ ".l .,"- 41L_ 3' "i"O ~. 30' 30' J c --- .~_._._-- ----- L.W U > 0::: LU V) 4797 SF BANQUET BUILDING , 17,980 SF (.;r ---1 I ~ ----l ..,...,l.S:S 5' ...---, to ('J 124' 26' 30' ,,' " '--.! . ~ ~ BUILDING FIVE 4245 SF , , . '--- M: N: I ~: N: i~ 5' 66' :;0' .....' '" ( -- - '---'1' CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT property Address ! 3~ /&- M Ci r+,'/') Sf, ft)l...../ Legal Description of property: (Fill in whichever is appropriate): Lot <....-.~ Block / Addi tion A/..-/~&-;e---->~.4zJ PIN (If metes and bounds, attach the complete legal description.) or Torrens ~ (This can be obtained from the Is the property: Abstract information must be provided and County. ) ----------------------------------------------------------------- ~'r~~...-/ k~-----/~~ c,-' Reason for Request \ J S' 7/.;. . .v../ Current Zoning {~ 1<, Section of Ordinance ----------------------------------------------------------------- Name of Applicant //.? ~'.A c::::--- , / Address /07./ / ~/.J.J::::>.---J ./,.v~ ~..,.7~-A' ~ -I'J'Y.YJ / - Home Phone Business Phone ;7,G",.?-jp.?J' ~~:::~:::_~~~--------------~:~:_-~~-~-~----- Property Owner (Fee Owner) (If different from above) Address '. . .I Home Phone Business Phone Signature Date ----------------------------------------------------------------- \ / CITY of ANDOVER . CITY OF ANDOVER' COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING . . The Planning and Zoning Commission of the City of Arid over, will hold a publIc ': hearing at 7:00 p,m., or as soon thereafter as. can be heard, on Tuesday, October 12, 1999 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Special Use Permit request of 116, LLC for the issuance of a liquor license on Lot 3, Block 1, Andover Station, generally located south and west of the intersection of Bunker Lake Boulevard NW and Jay Street NW. , / All written and verbal comments will be received at that time and location. Publication dates: October 1, 1999 October 8, 1999 '. / .'._~.;~<::~~; ....= ..-~. ,",:, 'IN 223224110002 ~HESTERTON PARTNERSHIP 36~",152ND LANE NW \1,,'VER, MN 55304 PIN 223224140006 ANOKA HENNEPIN ISD #11 11299 HANSON BLVD NW COON RAPIDS, MN 55433 PIN 343224410010 KOTTKES BUS SERVICE INC 13625 JAYNW ANDOVER, MN 55304 'IN 223224140006 \noka Henn Ind. School Dist. #11 5400 Hanson Blvd. \Ildover, MN 55304 PIN 343224410010 Kottkes Bus Service 13625 Hanson Blvd Andover, MN 55304 IN 343224430001 lURST KURT W & SUSAN D 3440 JAY ST NW ,NDOVER, MN 55304 PIN 343224440024 GILMORE CHRISTOPHER G 13497 JAY ST NW ANDOVER, MN 55304 PIN 343224440022 QUARBERG BRYAN T & KA VILS- 13521 JAY STNW ANDOVER, MN 55304 IN 343224440023 .REBS DEAN A & ANGELA K 3509 JAY ST NW NDOVER, MN 55304 PIN 343224440032 KELLER JOHN G & DIANNE M 13496 mIS ST NW ANDOVER, MN 55304 PIN 343224440031 RADTKE RICKY D & CHRISTINE L 13488 mIS STNW ANDOVER, MN 55304 \ , I , , , / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 2. t 999 AGENDA SECTION Non Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO, Approve SUP 99-20 Two (2) Liquor Licenses t t 6, LLC t 9xx Bunker Lake Blvd NW John Hinzman, City Planner \3. Request -, The City Council is asked to review the request of 116, LLC to obtain two liquor licenses for a steak house and sports bar\arcade to be built at 19xx Bunker Lake Blvd NW, Lot 2, Block 1, ANDOVER STATION. . I The property is zoned GB, General Business. Planning and Zoning Commission Review The Planning and Zoning Commission voted 5-0 (2 absent) to approve the proposal at the October 12, 1999 meeting with limited discussion. No comments were received during the public hearing. Attachments . Resolution for approval . Planning and Zoning Staff Report - October 12, 1999 , , , / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR TWO (2) LIQUOR LICENSES AT 19XX BUNKER LAKE BLVD NW, LOT 2, BLOCK 1, ANDOVER STATION FOR 116, LLC. WHEREAS, 116, LLC has petitioned for a special use permit for two (2) liquor licenses for a steak house and sports bar\arcade, respectively located at 19xx Bunker Lake Blvd NW, legally described as Lot 2, Block 1, ANDOVER STATION; and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No, 8, Section 5.03 & 7.03; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and \ ) WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the special use permit on said property with the following condition: I) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 2) That the Special Use Permit be subject to annual review and site inspection. 3) That liquor service outside the steak house and sports bar\arcade is limited to 2,000 square feet for each facility and is limited to the courtyard area between the proposed facilities with controlled access for facility patrons only. 4) The special use permit is contingent upon obtaining liquor licenses for the facilities " ~ Adopted by the City Council of the City of Andover on this 2nd day of November, 1999. / '\ Page Two , / 19xx Bunker Lake Blvd November 2, 1999 CITY OF ANDOVER ATTEST: J.E. McKelvey, Mayor Victoria Volk, City Clerk . , . / '\ ) f . , , J \ / Regular Andover Planning and Zoning Commission l.\leeting Minutes - October 12, 1999 Page 17 Acting Chair Apel stated this item \vould be considered at meeting, November 2, 1999 City Council PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-19) - LIQUOR MARTIN STREET NW LOT 1, RT OCK 1, ANDOVER STATlO.J.V 116, LLC PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-20) - TWO (2) LIGQUOR LICENSES -19:0: BUNKER LAKE BOULEVARD, NW -LOT 2, BLOCK 1, ANDOVER STATION 0116, LLe. Mr. Hinzman requested the Commission combine Items 5 and 6 for consideration. The Commission agreed. Mr. Hinzman stated the Planning Commission is requested to review the request for three (3) liquor licenses for 116, LLC in Andover Station. He explained one of the sites is located at 135)(."( Martin Street NW, and the applicant proposes a banquet hall facility at this site, and requests to have one liquor license at that facility. He indicated the facility will be approximately 18,000 square feet, with a 17,000 square foot courtyard area to the west for receptions and other events, and liquor will be served outdoors in this area. Mr. Hinzman stated the applicant is proposes to construct a sports bar and restaurant on the same lot of record, and two liquor licenses are requested. He indicated the restaurant will be 6,400 square feet in area, and the sports bar and gaming facility will be approximately 22,000 square feet. Mr, Hinzman stated both facilities anticipate 2,000 square feet of outdoor patio area in which to serve liquor. He explained these areas will be connected to the building, and will be closed off to access, to limit service to patrons only. Mr. Hinzman stated the site will be predominantly surrounded by commercial uses, and the only residential area is south of Commercial Boulevard, which presents a substantial boundary. He added that the use is consistent with the planned uses of the Andover Station Master Plan, Mr. Hinzman stated staff recommends approval of the three liquor licenses. He stated specific requirements in both resolutions stipulate that both areas must be contained and closed off for the outdoor liquor licenses. ll-lotion by Falk, seconded by Hedin, to open the public hearings for items 5 and 6 at 8:29 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote, '\ / There was no public input. Regular Andover Planning and Zoning Commission }..{eeting Minutes - October 12, 1999 Page 18 ) ( IVotion by Hedin, seconded by Falk, to close the public hearings for Items 5 and 6 at 9:30 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. Motion by Hedin, seconded by Dalien to Recommend Approval of Resolution No. R -99. a Resolution Approving a Special Use Permit for a Liquor License at 135XX Martin Street NW, Lot 3, Block 1, Andover Station for 116, LLC. Motion carried on a 5-ayes, O-nays, 2 absent vote. Motion by Hedin, seconded by Falk to Recommend Approval of Resolution No. R -99, a Resolution Approving a Special Use Permit for Two (2) Liquor Licenses at 19XX Bunker Lake Boulevard NW, Lot 2, Block I, Andover Station for 116, LLC. Motion carried on a 5-ayes, O-nays, 2-absent vote. Mr. Hinzman stated these items would be considered at the November 2, 1999 City Council mee~g. Commissioner Falk inquired how soon the applicant proposes to commence construction of the facilities. , \ J Mr. Hinzman stated the applicant is presently going through the Commercial Site Plan process and staff is expecting the plans to be submitted within the next two weeks. He explained, however, in terms of construction of the footings, it may be somewhat late in the season for this. Michael Quigley, representative of 116, LLC, the applicant, explained they were hoping to begin ( construction of two of the buildings in November, pending the site plan approval and the issuance of the required building permits. ~ PUBLIC HEARING: SPECIAL USE PERil1IT (SUP 99-21) - REAL ESTATE SI 15ST/{ A VENUE NW - FOX HOLLO W - GOR-EM, LLe. - 1641 PUBLIC HEARING: SPECIAL USE PERittfIT - (SUP 99-22) - REAL E ll-lARTIN STREET NW - FOX HOLLOW - GOR-EiW, LLe. Planning Intern, Megan Barnett requested the Commission combine The Commission agreed. Ms, Barnett stated the Planning and Zoning Commissio s requested to review a Special Use Permit request by Gor-em, LLC to allow for two real estate igns. She indicated one of the signs will be located at 1641 155'h Avenue, and the other located t 15302 Martin Street. She stated the properties are both zoned R-4, Single Family Urban, / Mr. Barnett reviewed the applicable ordina es and the criteria presented, ,/ / ,/ '\ CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: October 12. 1999 ITEM NO, 6 ORIGINATING DEPARTMENT SUP 99-20 Two (2) Liquor Licenses 1 9xx Bunker Lake Blvd NW 116, LLC Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to review the request of 116, LLC to obtain two liquor licenses for a steak house and sports bar\arcade to be built at 19xx Bunker Lake Blvd NW, Lot 2, Block 1, ANDOVER STATION. ", The property is zoned GB, General Business. , I Applicable Ordinances Ordinance No.8, Section 5,03, regulates the special use permit process and outlines the following criteria for review: 1) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2) The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on the values of property and scenic views in the surrounding area, 4) The effect of the proposed use on the Comprehensive Plan Ordinance 8, Section 7,03, Special Uses allows liquor licenses as a special use in the GB, General Business District. '-, J Page Two SUP 99-20 19xx Bunker Lake Blvd NW October 12, 1999 Adjacent Land Use Adjacent land use includes the following: . North - Bunker Lake Blvd - GB, General Business - Pov's . East - GB, General Business - Andover Cinema . South - GB, General Business - proposed banquet hall · West - GB, General Business - planned office or restaurant Bac~round The proposed parcel is being developed in conjunction with a banquet hall and office warehouse space by 116, LLC the developers of Andover Cinema. Two liquor licenses are requested, one for the proposed 6,400 s.f. steak house and one for the 22,493 s,f, proposed sports bar\arcade. Both buildings would have approximately 2,000 s,f. of outdoor liquor service, connected to each building. A walkway area will link the restaurant and gaming facilities to Andover Cinema and the proposed banquet hall. General Review . The site is surrounded by General Business uses, . The use is consistent with the planned uses of the Andover Station Master Plan. · The liquor licenses shall be subject to annual review and renewal by the City Council. . Liquor service outside the steak house and sports bar\arcade must have a controlled access to limit service to patrons only. . The Economic Development Authority and Andover Review Committee will review the commercial site plan for the addition including parking, lighting, grading, drainage, and erosion control. Commission Options The Planning and Zoning Commission may recommend one of the following options: 1, Recommend approval of the Special Use Permit, finding it meet the requirements of Ordinance 8. 2, Recommend denial of the Special Use Permit, finding it does not meet the requirements of Ordinance 8, In recommending denial of the request, the Commission shall state those reasons for doing so. 3. Table the request pending further information. , " , / , " . " Page Three SUP 99-19 135xx Martin Street October 12, 1999 Recommendation Staff recommends approval of the proposal subject to the provisions of the attached resolution. Attachments . Resolution . Location Map . Site Plan · Special Use Permit Application . Notice of Public Hearing I / / CITY of ANDOVER , -, 1685 CROSSTOWN BOULEVARD NW. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT Property Address -lCf;<.X &11tJ2rlAk I.?lc.d /1.I"v Legal Description of Property: (Fill in whichever is appropriate): Lot 0<.. Block / Addition ,4~--hJ,,---5k~~ PIN (If metes and bounds, attach the complete legal description. ) Is the property: Abstract or Torrens ~? (This information must be provided and can be obtaine~m the County. ) ----------------------------------------------------------------- Reason for Request:l. ./ '-ff<.LC ""_____ / "'L:--z",/..r-,;;r , , J Section of Ordinance C< l03 Current Zoning 615 ----------------------------------------------------------------- Name of Applicant ,/;/ 6', -4 A c.. , Address ,/0 /'// ,~~f'#~ &~/ ~d ~'A /J__0;>::Z? Home Phone Business Phone ;7~~~)?~~--- ~~~::~:::_-~~~-~~------------~:~:__:::~~~~---- Property Owner (Fee Owner) (If different from above) Address '\ / Home Phone Business Phone Signature Date ----------------------------------------------------------------- ~ \ / '", ~~~" ~". , I I , / .-1 F / / ~ / ",,; \ \ City of Andover 116, LLC 19xx Bunker Lake Blvd 1775 1786 1724 1716 1714 1650 13625 I- en ~ ...., /1 13533 I- I~ I I I~ i . JI // / J [I 13491 ' / I /--1 ~ ._uIN ~, , ,n I I i I ! I \ I LEGEND ~ I 0 350' Mailing Boundary '., , Subject Property ) 1\'/ Street Center Lines 0 Properties Notified Parcels BLot / Parcel Boundaries Rlght-of.Way Water Features A Sources: Andover Engineering Andover GIS Anoka County GIS I inch'" 490 feet RF - 15.883 Map Date: August 10, 1999 \ ) , , , \ .... ( \: , " I , l J / . , , '" " "Ht' 'I" .',', , 'I: I I 'I"'" - : i I : i I : : , " , f lIt r -I i' rr' i-- !ht- '-t :::i l;i ' ___J , , ' I I I I -1..', ~.>~ " " '" , , " ," " .. _. t -- -- ~--- t- , ' .'hi I , l ,_) - r I C j:"'\ . . r_, - -r-) -,h~f___- - . T~~--- =-,~, -+~- ~-~=f~~'_::-L, r -. (~- ''\ ~E~:~- --t..'--h _ ._u_ --A&:J-. -- ,'----1 ---1--- - -0 -- 'j--- ~'--~ ~.... ~-,,- -.0- -.... -: r- -, /t-~I. l_~ .J I _.. ~r-_ ~ -.- -. -- -..- ---_. ---r-' ,j, - -. 'I. -. .' 'j' - --- "_. - -"- , r '-1- -- ----r _u ! -- , I ,. r" 1- .- , hI ! r ! t- - I ~ - - . I I - t- , I _0 _ ___...._ ____U______ ___ , t'1/ ry.. '1..'- fl'. I I' 11 , I Cj I .. .. ~1,~:.~l -- ~ ',,- \J !~1.. ,1--!I-j.[,I-t In I ~ '.. (J I ! I ; " U /' / I (1 I, I ,~~l~~,/ / L __Ltt~ .&l j' "'. ~.' -- ------,- J .. -,-, -- ,---_/ ", 'f' ( j f iJI I ' I (J) ""CJ o ;:0 N-i N(J) ~OJ lOP. W;:O (J)' . P. 11;:0 . n p. o m tit(-,.. nJ /", , \, H+t[] '\ ,.I C/) <n~ -l>o:t> 0;;>;: O::r: Ylo "T"lc , C/) m " , ..... --. .~ )> z o o < m ::::0 n z m S )> -- -i J " / CITY of ANDOVER . ~"_ ......1' L," '~,,,,,,:>~,,,,>'-:-, _,. -; CITY OF ANDOVER COUNTY OF ANOKA STATE OF .MINNESOTA .... . NOTICE OF PUBLIC HEARING ... '. , . The Planning and ZonhIg Commission of the CitY of Andover will hold:a p~bJi,c, hearing at 7:00 p,m., or as soon thereafter as can be heard, on Tuesday, October ' . 12, 1999 at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the Special Use Permit request of 116, LLC for the issuance of two (2) liquor licenses on Lot 2, Block 1, Andover Station, generally located south and west of the intersection of Bunker Lake Boulevard NW and Jay Street NW. " All written and verbal comments will be received at that time and location. A copy of the application will be available at the Andover City Hall for review prior to said meeting. '4~ /1~' avid L. Car berg, Community Develop Publication dates: October 1, 1999 October 8, 1999 , , , PIN 343224130001 POVLITZKI RICHARD & MARLENE OR CURRENT RESIDENT 1 f IUNKER LAKE BLVD Ar.__fer, MN 55304 , , , \ ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 2. 1999 AGENDA SECTION Non Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO, Approve SUP 99-21 Real Estate Sign Gar-em, LLC 1641 155th Ave. I~, Megan Barnett Planning Intern ReQuest The City Council is asked to approve a Special Use Permit request by Gar-em, LLC to allow far the placement of a real estate sign along Hanson Boulevard on the property located at 1641 155th Avenue NW, legally described as Lot 4, Block 8, Fox Hollow. (PIN 22-32-24-11- 0022). \ / The property is zoned R-4, Single Family Urban. Plannin!! and Zonin!! Commission Review The Planning and Zoning Commission voted 5-0 (2 absent) to approve the proposal at the October 12, 1999 meeting with limited discussion. No comments were received during the public hearing, Attachments . Resolution for approval . Planning and Zoning Minutes ~ October 12, 1999 . Planning and Zoning Staff Report ~ October 12, 1999 / ... / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF GOR-EM, LLC TO ERECT ONE (1) REAL ESTATE SIGN ALONG HANSON BOULEVARD NW ON THE PROPERTY LOCATED AT 1641 155TH AVENUE, LEGALLY DESCRIBED AS LOT 4, BLOCK 8, FOX HOLLOW (PIN 22-32-24-11-0022) . WHEREAS, Gor-em, LLC has requested a Special Use Permit to erect one (1) real estate sign, to market the Fox Hollow Subdivision, along Hanson Boulevard on the property located at 1641 155th Avenue NW legally described as Lot 4, Block 8, Fox Hollow (PIN 22-32-24-11-0022); and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 8.07; and '\ / WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval ofthe Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: 1. The area for development is at least five (5) acres or more. 2. The sign shall be located at least one hundred thirty (130') feet from any residential structure. 3. The sign shall be located ten (10') feet from any property line. 4. The sign area shall not exceed thirty-four (34 s.f.) square feet. '\ J , , , , \ / Page two Real Estate Sign SUP 99-21 November 2, 1999 5. An agreement is made to remove the sign within two years unless an extension of time is granted by the governing body; after approval of a Special Use Permit has been granted. 6. The Special Use Permit will be subject to annual review by staff. 7. The owner shall be responsible for the maintenance of the sign. Adopted by the City Council of the City of Andover on this 2nd day of November, 1999. ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk lE. McKelvey, Mayor '\ / Regular Andover Planning and Zoning Commission Meeting Minutes - October 12, 1999 Page 18 , ) k/otion by Hedin, seconded by Falk, to close the public hearings fi Items 5 and 6 at 9:30 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. Motion by Hedin, seconded by Dalien to Recommend proval of Resolution No. R -99, a Resolution Approving a Special Use Permit for a Liquor cense at 135XX Martin Street NW, Lot 3, Block 1, Andover Station for 116, LLC, Motion carri on a 5-ayes, O-nays, 2 absent vote. Motion by Hedin, seconded by Falk to Reco nd Approval of Resolution No. R -99, a Resolution Approving a Special Use Permit for Two (2) tquor Licenses at 19XX Bunker Lake Boulevard NW, Lot 2, Block 1, Andover Station for 116, C. Motion carried on a 5-ayes, O-nays, 2-absent vote. Mr. Hinzman stated these items wou be considered at the November 2, 1999 City Council mee~g, Commissioner Falk inquired h facilities. soon the applicant proposes to commence construction of the Mr. Hinzman stated the plicant is presently going through the Commercial Site Plan process and staff is expecting the ans to be submitted within the next two weeks. He explained, however, in terms of constructio of the footings, it may be somewhat late in the season for this. " / Michael Quigl , representative of 116, LLC, the applicant, explained they were hoping to begin construction ftwo of the buildings in November, pending the site plan approval and the issuance of the requir building permits. / PUBLIC HEARING: SPECIAL USE PERMIT (SUP 99-21) - REAL ESTATE SIGN - 1641 155TH A VENUE NW - FOX HOLLOW - GOR-EM, LLC PUBLIC HEARING: SPECIAL USE PERMIT - (SUP 99-22) - REAL ESTATE SIGN -15302 MARTIN STREET NW - FOX HOLLOW - GOR-EM, LLC Planning Intern, Megan Barnett requested the Commission combine Items 7 and 8 for consideration. The Commission agreed, Ms, Barnett stated the Planning and Zoning Commission is requested to review a Special Use Permit request by Gor-em, LLC to allow for two real estate signs. She indicated one of the signs will be located at 1641 155'h Avenue, and the other located at 15302 Martin Street. She stated the properties are both zoned R-4, Single Family Urban. Mr, Barnett reviewed the applicable ordinances and the criteria presented. \ / .~~~...~~.,..,.-.,....-....--,~--;..;"" ... ~ ......-oJ.]. c_. ~ _" ~ -. -' " legular Andover Planning and Zoning Commission Meeting Minutes - October 12, 1999 Page 19 , / Mr. Barnett stated the applicant is requesting to erect two four (4) foot by eight (8) foot real estate signs to market the single family residential development of Fox Hollows. She provided the Commission with a picture of the proposed signs, Ms, Barnett reviewed the Commission's options for action. Motion by Falk, seconded by Hedin to open the public hearings for Items 7 and 8, at 8:35 p.m. Motion carried on as-ayes, O-nays, O-absent vote. There was no public input. Motion by Daninger, seconded by Hedin to close the public hearings for Items 7 and 8, at 8:36 p.m. Motion by Falk, seconded by Hedin to Recommend Approval of Resolution No, R -99, a Resolution Approving a Special Use Pennit Request of Gor-em, LLC to Erect One (I) Real Estate Sign Along Hanson Boulevard NW on the Property Located at 1641, ISSth Avenue, Legally Described as Lot 4, Block 8, Fox Hollow (PIN 22-32-24-11-0022), and Resolution No. R -99, a Resolution Approving a Special Use Pennit Request of Gor-em, LLC to Erect (1) Real Estate Sign Along Nightingale Street on the Property Located at 15302 Martin Street, Legally Described as Lot 8, Block I, Fox Hollow (PIN 22-32-24-13-0023). Motion carried on as-ayes, O-nays, O-absent vote. . , . / Acting Chair Apel stated these items would be considered at the November 2, 1999 City Council meeting, Mr, Hinzman stated the Planning and Zonin Commission is asked to review the request of Gary Crider to relocate a home on approximatel:>; 7.5 acres located at 159xx Crosstown Boulevard NW. He indicated the subject property was ocated east of Crosstown Boulevard, to the south of Constance Boulevard, and the northwe corner of the site is the planned location of a future fire station. _ (SUP 99-24) - RELOCATION OF NW - GARY CRIDER. PUBLIC HEARING: SPECIAL USE PERM1 STRUCTURE -159xx CROSSTOWN BOULEV. tvlr. Hinzman stated the property i zoned R-I, Single Family Rural. Mr. Hinzman reviewed the ap icable ordinances, and the criteria presented, Mr, Hinzman stated the pro osed site is surrounded by the R-1, Single Family Rural Zoning District, and the nearest home is 10 ated approximately 560 feet from the subject property. " Mr. Hinzman explain the proposed home is a 1,600 square foot walkout rambler, constructed in the mid 1980' s, ani currently located in the city of Coon Rapids. He stated staff has contacted the / , CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION '- J DATE: October 12. 1999 ITEM NO, 7 ORIGINATING DEPARTMENT SUP 99-21 Real Estate Sign Gar-em, LLC 1641155th Ave. Planning Megan Barnett Planning Intern Request The Planning and Zoning Commission is asked to review a Special Use Permit request by Gor-em, LLC to allow for the placement of a real estate sign along Hanson Boulevard on the property located at 1641 155th Avenue NW, legally described as Lot 4, Block 8, Fox Hollow. (PIN 22-32-24-11-0022). , The property is zoned R-4, Single Family Urban. .~ ,/ Auulicable Ordinances Ordinance No, 8, Section 8.07, allows real estate signs on residential projects with a total of five (5) acres or more provided: 1) The sign area is not over two hundred (200 s,f.) square feet in area. 2) The sign is located at least one hundred thirty (130') feet from any residential structure, 3) An agreement is made to remove the sign within two (2) years unless an extension of time is granted by the governing body; after approval of a Special Use Permit has been granted, , , , / \ '- J Page Two SUP 99-21 Real Estate Sign October 12, 1999 Ordinance No.8, Section 5,03 regulates the Special Use Permit process and outlines the following criteria: 1) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2) The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on the values of property and scenic views in the surrounding area. 4) The effect of the proposed use on the Comprehensive Plan. General Review \ ;' . The applicant is requesting a Special Use Permit to erect a four (4') foot by eight (8') foot (32 s.t) real estate sign to market the single family urban residential development of Fox Hollow, . The proposed Fox Hollow real estate sign will primarily be viewed from Hanson Boulevard. Commission Options 1. The Planning and Zoning Commission may recommend to the City Council the approval of the Special Use Permit request to erect one real estate sign on the property located at 1641 155th Avenue NW, legally described as Lot 4, Block 8, Fox Hollow. The Commission finds the request meets the requirements of Ordinance No.8. 2. The Planning and Zoning Commission may recommend to the City Council the denial of the Special Use Permit request to erect one real estate sign on the property located at 1641 155th Avenue NW, legally described as Lot 4, Block 8, Fox Hollow. \ The Commission finds the request does not meet the requirements of Ordinance No.8. In recommending denial of the request, the Commission shall state those reasons for doing so. \. /" \ Page three SUP 99-21 Real Estate Sign October 12, 1999 , / 3. The Planning and Zoning Commission may table the item pending further information from Staff. Recommendation Staff recommends approval of the proposal subject to the provisions of the attached resolution. Attachments . , . Resolution . Location Map . Site Picture . Special Use Permit Application . Notice of Public Hearing , " / \ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO, R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF GOR-EM, LLC TO ERECT ONE (1) REAL ESTATE SIGN ALONG HANSON BOULEVARD NW ON THE PROPERTY LOCATED AT 1641 155TH AVENUE, LEGALLY DESCRIBED AS LOT 4, BLOCK 8, FOX HOLLOW (pIN 22-32-24-11-0022) . WHEREAS, Gor-em, LLC has requested a Special Use Permit to erect one (1) real estate sign, to market the Fox Hollow Subdivision, along Hanson Boulevard on the property located at 1641 155th Avenue NW legally described as Lot 4, Block 8, Fox Hollow (PIN 22-32-24-11-0022); and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 8.07; and \ , / WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: I. The area for development is at least five (5) acres or more. 2. The sign shall be located at least one hundred thirty (130') feet from any residential structure. 3. The sign shall be located ten (10') feet from any property line. 4. The sign area shall not exceed thirty-four (34 s,f.) square feet. , / \ / , / Page two Real Estate Sign SUP 99-21 October 12, 1999 5. An agreement is made to remove the sign within two years unless an extension of time is granted by the governing body; after approval of a Special Use Permit has been granted, ' 6, The Special Use Permit will be subject to annual review by staff. 7, The owner shall be responsible for the maintenance of the sign. Adopted by the City Council of the City of Andover on this 2nd day of November, 1999, ATTEST: CITY OF ANDOVER Victoria Volk, City Clerk lE. McKelvey, Mayor , , I ~ City of Andover Gar-em, LLC 1641 155th Ave NW '- / \\( Parcels o Lot I Parcel Boundaries D Right-of-Way o Water Features Ol on ~ .... '" 10 on ... N ~ ~ ~ .... .... ~ 155TH LN ... 0 10 '" '" lO ... 10 on '" N <> Ol '" ~ ~ ~ .... ~ ~ ~ ~ \ J 15400 15418 >>S~j:' ~p~rty N Street Center Lines o 350' Mailing Boundary C'd Properties Notified N A Sources: Andover Engineering Andover GIS Anoka County GIS 1 inch = 490 feet RF - 1:5.883 Map Date: August 10, 1999 Fox Hollow Real Estate Sign , Located on the property at 1641 155th Avenue viewed from Hanson Blvd, . .-__,__ ________. .___,"_ _ __.____ ____._ 0_.___ _-: c- ._____.' _~.._. ,__..,_,___ - -O---.~" ,-_. ----,--,-----.- ____._____"""0____ ',_J CITY of ANDOVER Property Address 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT \ \ 0 L\ \ \SS-111'1 ~eL Legal Description of (Fill in whichever L-\ ~ Lot Property: is appropriate): ~. Addition Sc';f. \~JlICflV- Block Is the property: information must County. ) ----------------------------------------------------------------- PIN 7.2 ......31-'2J-\-\\ -(5l)~~If metes and bounds, attach the complete legal description,) Abstract ~ or Torrens ? (This be provided and can be obtained from the Reason for Request '. / Section of Ordinance Current Zoning ----------------------------------------------------------------- Name of Applicant tC:'",G-E~,.( A L /' Address /("1:7.7,;<. ~"".-/ ~~ r7~...J /~ '~/ 4. I-:S.Y?Y Home Phone Business Phone -;::}:? ...s"'Pc4,;- ~~~::~~::_:~~~~~-------~:~:_~~~~~----- Property Owner (Fee Owner) (If different from above) Address \ ~ Home Phone Business Phone Signature Date ----------------------------------------------------------------- SPECIAL USE PERMIT J PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and North arrow; dimension of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property , Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property Torrens property Mailing labels $200.00 $150.00 $100,00 $25.00 $40.00 $25.00 Date Paid Receipt # , / Rev. 5-06-93:d'A 5-04-94:bh 2-01-95:bh 3-22-95:bh 9-30-96:bh I-07-97:bh 6-03-98:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2, Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands, \ / 3. The effect on values of property and scenic views in the surrounding area, 4. The effect of the proposed use on the Comprehensive Plan, :supapp .'-:' . '., ....:.; ,.,.. .. '..." .~ J CITY of ANDOVER' 1685 CROSSTOWN BOULEVARO'N,W..-ANOOVER, MINNESOTA 55304. (612) 755;5100',.,:. ..' .. -..- . . . ,. ....'- .-' .:';-~/t:?~~.~;<._. ,,: . : ~~~ :~~;:'~;.0:~>;: ~ "'/. ~ -:.0/' .. '.::.,:..,.:;" . I Publication dates: October 1, 1999 October 8, 1999 '\ / CHESTERTON PARTNERSHIP 3640 152ND LANE NW ANDOVER, MN 55304 OAK VIEW MIDDLE SCHOOL 15400 HANSON BLVD NW ANDOVER, MN 55304 ANOKA HENN DlST II 11299 HANSON BLVD NW COON RAPIDS, MN 55433 , , } I / ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 2. t 999 AGENDA SECTION Non Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO. Approve SUP 99-22 Real Estate Sign Gar-em, LLC t 5302 Martin St, \6. Megan Barnett Planning Intern Reauest The City Council is asked to review a Special Use Permit request by Gor-em, LLC to allow for the placement of a real estate sign along Nightingale Street on the property located at 15302 Martin Street legally described as Lot 8, Block 1, Fox Hollow. (PIN 22-32-24-13- . / 0023), The property is zoned R-4, Single Family Urban. Plannine: and Zonine: Commission Review The Planning and Zoning Commission voted 5-0 (2 absent) to approve the proposal at the October 12, 1999 meeting with limited discussion. No comments were received during the public hearing. Attachments . Resolution for approval . Planning and Zoning Minutes - October 12, 1999 . Planning and Zoning Staff Report - October 12, 1999 " -./ / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF GOR-EM, LLC TO ERECT ONE (1) REAL EST ATE SIGN ALONG NIGHTINGALE STREET ON THE PROPERTY LOCATED AT 15302 MARTIN STREET, LEGALLY DESCRIBED AS LOT 8, BLOCK 1, FOX HOLLOW (pIN 22-32-24-13-0023) , WHEREAS, Gor-em, LLC has requested a Special Use Permit to erect one (1) real estate sign, to market the Fox Hollow Subdivision, along Nightingale Street on the property located at 15302 Martin Street legally described as Lot 8, Block 1, Fox Hollow (PIN 22-32-24-13-0023); and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 8.07; and ,/ WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: 1. The area for development is larger than five (5) acres, 2, The signs shall be located at least one hundred thirty (130') feet from any residential structure, 3, The signs shall be located ten (10') feet from any property line. 4. The sign area shall not exceed thirty-four (34 s.f.) square feet. / Page two J SUP 99-22 November 2, 1999 5. An agreement is made to remove the sign within two years unless an extension of time is granted by the governing body; after approval of a Special Use Permit has been granted. 6. The Special Use Permit will be subject to annual review by staff. Adopted by the City Council of the City of Andover on this 2nd day of November, 1999. ATTEST: CITY OF ANDOVER / Victoria V olk, City Clerk lE. McKelvey, Mayor / Regular Andover Planning and Zoning Commission A-feeting Minutes- October 12.1999 Page 18 illotion by Hedin, seconded by Falk, to close the public hearings for Items 5 and 6 at 9:30 p.m. Motion carried on a 5-ayes, O-nays, 2-absent vote. Motion by Hedin, seconded by Dalien to Recommend Approval of Resolution No. R -99, a Resolution Approving a Special Use Permit for a Liquor License at 13SXX Martin Street NW. Lot 3. Block I. Andover Station for 116. LLC. Motion carried on a 5-ayes. O-nays. 2 absent vote. Motion by Hedin, seconded by Falk to Recommend Approval of Resolution No. R -99, a Resolution Approving a Special Use Permit for Two (2) Liquor Licenses at 19XX Bunker Lake Boulevard NW. Lot 2, Block 1, Andover Station for 116, LLC. Motion carried on as-ayes, O-nays. 2-absent vote. Mr. Hinzman stated these items would be considered at the November 2. 1999 City Council mee~g. Commissioner Falk inquired how soon the applicant proposes to commence construction of the fac iIi ties, Mr. Hinzman stated the applicant is presently going through the Commercial Site Plan process and staff is expecting the plans to be submitted within the next two weeks. He explained, however, in terms of construction of the footings, it may be somewhat late in the season for this. " / Michael Quigley, representative of I 16, LLC, the applicant, explained they were hoping to begin construction of two of the buildings in November, pending the site plan approval and the issuance of the required building permits. PUBLIC HEARING: SPECIAL USE PERi.l1IT (SUP 99-21) - REAL ESTATE SIGN - 1641 155TH A VENUE NW - FOX HOLLO W - GOR-Eil-f, LLe. PUBLIC HEARING: SPECIAL USE PERi.l1IT - (SUP 99-22) - REAL ESTATE SIGN -15302 MARTIN STREET NW - FOX HOLLOW - GOR-EJl,;1, LLe. Planning Intern, Megan Barnett requested the Commission combine Items 7 and 8 for consideration. The Commission agreed. Ms. Barnett stated the Planning and Zoning Commission is requested to review a Special Use Permit request by Gor-em, LLC to allow for two real estate signs, She indicated one of the signs will be located at 164 I I 55th A venue, and the other located at 15302 Martin Street. She stated the properties are both zoned R-4, Single Family Urban. Mr. Barnett reviewed the applicable ordinances and the criteria presented, , " / ~",::,::" ";j,,,;",;{ ~. ,~~ .on "',.. ,""""""'" . -, .. -......-...e._.~_..,~_._.....'" _....-_. ,(egular Andover Planning and Zoning Commission Jleeting Minutes - October 12, 1999 Page 19 \ J Mr. Barnett stated the applicant is requesting to erect two four (4) foot by eight (8) foot real estate signs to market the single family residential development of Fox Hollows. She provided the Commission with a picture of the proposed signs. Ms. Barnett reviewed the Commission's options for action. Motion by Falk, seconded by Hedin to open the public hearings for Items 7 and 8, at 8:35 p,m. Motion carried on a 5-ayes, O-nays, O-absent vote. There was no public input. Motion by Daninger, seconded by Hedin to close the public hearings for Items 7 and 8, at 8:36 p.m, Motion by Falk, seconded by Hedin to Recommend Approval of Resolution No. R -99, a Resolution Approving a Special Use Permit Request of Gor-em, LLC to Erect One (1) Real Estate Sign Along Hanson Boulevard NW on the Property Located at 1641, 155th Avenue, Legally Described as Lot 4, Block 8, Fox Hollow (PIN 22-32-24-11-0022), and Resolution No. R -99, a Resolution Approving a Special Use Permit Request of Gor-em, LLC to Erect (1) Real Estate Sign Along Nightingale Street on the Property Located at 15302 Martin Street, Legally Described as Lot 8, Block I, Fox Hollow (PIN 22-32-24-13-0023). Motion carried on a 5-ayes, O-nays, O-absent vote. , / Acting Chair Apel stated these items would be considered at the November 2, 1999 City Council meeting. PUBLIC HEARING: SPECIAL USE PE&lJIT - (SUP 99-24) - RELOCATION OF STRUCTURE -159x.x CROSSTOWN BOULEVARD NW - GARY CRIDER. Mr. Hinzman stated the Planning and Zoning Commission is asked to review the request of Gary Crider to relocate a home on approximately 17.5 acres located at 159xx Crosstown Boulevard NW. He indicated the subject property was located east of Crosstown Boulevard, to the south of Constance Boulevard, and the northwest comer of the site is the planned location of a future fire station. Mr. Hinzman stated the property is zoned R-I, Single Family Rural. Mr. Hinzman reviewed the applicable ordinances, and the criteria pres~nted. Mr. Hinzman stated the proposed site is surrounded by the R-I, Single Family Rural Zoning District, and the nearest home is located approximately 560 feet from the subject property. ) Mr. Hinzman explained the proposed home is a 1,600 square foot walkout rambler, constructed in the mid 1980's, and is currently located in the city of Coon Rapids. He stated staff has contacted the " CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: October 12. 1999 ITEM NO, 8 ORIGINATING DEPARTMENT SUP 99-22 Real Estate Signs Gar-em, LLC 15302 Martin St, Planning Megan Barnett Planning Intern Reauest The Planning and Zoning Commission is asked to review a Special Use Permit request by Gor-em, LLC to allow for the placement of a real estate sign along Nightingale Street on the property located at 15302 Martin Street legally described as Lot 8, Block 1, Fox Hollow. (PIN 22-32-24-13-0023). The property is zoned R-4, Single Family Urban. / Applicable Ordinances Ordinance No.8, Section 8,07, allows real estate signs on residential projects with a total of five (5) acres or more provided: 1) The sign area is not over two hundred (200 s.f,) square feet in area. 2) The sign is located at least one hundred thirty (130') feet from any residential structure. 3) An agreement is made to remove the sign within two (2) years unless an extension of time is granted by the governing body; after approval ofa Special Use Permit has been granted. / / Page Two SUP 99-22 Real Estate Sign October 12, 1999 Ordinance No.8, Section 5.03 regulates the Special Use Permit process and outlines the following criteria: 1) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2) The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on the values of property and scenic views in the surrounding area, 4) The effect of the proposed use on the Comprehensive Plan. General Review " J . The applicant is requesting a Special Use Permit to erect a four (4') foot by eight (8') foot (32 s.f.) real estate sign to market the single family urban residential development of Fox Hollow. " . The proposed Fox Hollow real estate sign will primarily be viewed from Nightingale Street. Commission Outions 1. The Planning and Zoning Commission may recommend to the City Council the approval of the Special Use Permit request to erect one real estate sign on the property located at 15302 Martin Street, legally described as Lot 8, Block 1, Fox Hollow. The Commission finds the request meets the requirements of Ordinance No.8. 2. The Planning and Zoning Commission may recommend to the City Council denial of the Special Use Permit request to erect one real estate sign on the property located at 15302 Martin Street, legally described as Lot 8, Block 1, Fox Hollow. The Commission finds the request does not meet the requirements of Ordinance No.8. In recommending denial of the request, the Commission shall state those reasons for doing so. / \ / Page three SUP 99-22 Real Estate Sign October 12, 1999 3. The Planning and Zoning Commission may table the item pending further information from Staff. Recommendation Staff recommends approval of the proposal subject to the provisions of the attached resolution. Attachments . Resolution . Location Map . Site Picture . Special Use Permit Application . Notice of Public Hearing , ./ / '\ , / CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO, R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST OF GOR-EM, LLC TO ERECT ONE (1) REAL ESTATE SIGN ALONG NIGHTINGALE STREET ON THE PROPERTY LOCATED AT 15302 MARTIN STREET, LEGALLY DESCRIBED AS LOT 8, BLOCK 1, FOX HOLLOW (PIN 22-32-24-13-0023). WHEREAS, Gor-em, LLC has requested a Special Use Permit to erect one (1) real estate sign, to market the Fox Hollow Subdivision, along Nightingale Street on the property located at 15302 Martin Street legally described as Lot 8, Block 1, Fox Hollow (PIN 22-32-24-13-0023); and WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 8.07; and " WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare ofthe City of Andover; and . / WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council ofthe City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: 1. The area for development is larger than five (5) acres. 2. The signs shall be located at least one hundred thirty (130') feet from any residential structure. 3, The signs shall be located ten (10') feet from any property line. 4. The sign area shall not exceed thirty-four (34 s.f.) square feet. ,/ \ J , / Page two SUP 99-22 October 12, 1999 5. An agreement is made to remove the sign within two years unless an extension of time is granted by the governing body; after approval of a Special Use Permit has been granted. 6. The Special Use Permit will be subject to annual review by staff. Adopted by the City Council ofthe City of Andover on this 2nd day of November, 1999. ATTEST: CITY OF ANDOVER \ J.E. McKelvey, Mayor Victoria V olk, City Clerk ~ 2120 , / " }JS~j;~OP~rty N Street Center Lines City of Andover 2060 15318 15~ ~ ,-~ ~ Z l- I <-' Z (0 ...... "<t I/) ...... /- 15212 o 350' Mailing Boundary r.:d Properties Notified Parcels D Lot I Parcel Boundaries D Right-of-Way D Water Features Gar-em, LLC 15302 Martin St NW -------= , -------------- ~ / I '-./ --------------- / '----- 154TH L ~ :g~"<t ~ m m r-----...... 92 '" !'-- ~ 15426 '" I/) I/) 15400 m -' 1925 15435 15424 r '" 15419 .". I- ~ 15408 15403 15421 15392 15389 I- 15397 15378 en \ .....1lo!5376 Z 15373 15364 197~ ..... I- ~ /' ..... 0:: 153RD LN 15349 .A "<t ;:; I ~ ts .,15345 15344 I- '---:' (0 ~ ~ en 15341 "<t m .L--::::- '-- - ~ ...... .". ~ 15~ 15336 Ii:i 15333 ~'_ ;;;:z Z- - 05308 ~ ~ ~ 1\15328 Z 15325 N ~12O::i- t") 111i 15317 I/) 1 - '\15315 532 15, 2 15309 15377 15365 - I- t ~3~ _ ~ , rSite LOca~ 15211 , ~ ~ ~~ ~~ I\' ,1 y- /!. I LOCATlON 'ti:. ~ :i ~~, ~)I N A Sources: Andover Engineering Andover GIS Anoka County GIS 1 inch = 490 feet RF - 105,883 Map Date: August 10, 1999 ) '. J / f 9?5tt 011 qVYJ3~~~JnJ;~t~J~.$.i 9IL~"_,~._ . . - -.. -. .. ,,--_. ._-'c...... .- _-~.r~ ;,. -" '. ( " "., "'~;- ..---- .~- .~.- ---- --_.~~._~.-'------- ---..-"'~' -' .:- '\ CITY of ANDOVER ./ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 Property Address SPECIAL USE PERMIT \S-~O~ NfAi-\1j\ ~ Legal Description of Property: (Fill in whichever is appropriate): Lot 0 Block ~ Addition 1l){ \<tJ\lCW PIN 22 -;:S'2...2.A-/~-01)1:3(If metes and bounds, attach the complete legal description,) Is the property: Abstract -~ or Torrens ? (This information must be provide~ can be obtained from the County. ) ----------------------------------------------------------------- Reason for Request / , '. Section of Ordinance Current Zoning ----------------------------------------------------------------- Name of Applicant ~/f'-r~.-::? A A c:::::- ./ Address ,,///:7?~ dAU#~) &:-~~ "C~J4.4~ d,J 5'.)~.J - Home Phone Business Phone ;7~)2~~~~ ~~=::~:::__:':'~~~-~----------_::~:_-~::~~----- Property Owner (Fee Owner) (If different from above) Address '\ / Home Phone Business Phone Signature Date ----------------------------------------------------------------- SPECIAL USE PERMIT ,j PAGE 2 The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and North arrow; dimension of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2, The names and addresses of all property owners within 350 feet of the subject property, Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property Torrens property Mailing labels $200.00 $150.00 $100,00 $25.00 $40.00 $25,00 Date Paid Receipt # ) Rev. 5-06-93:d'A 5-04-94:bh 2-01-95:bh 3-22-95:bh 9-30-96:bh 1-07-97:bh 6-03-98:bh Res, 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. 2. Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands, 3. The effect on values of property and scenic views in the surrounding area, J 4. The effect of the proposed use on the Comprehensive Plan. :supapp \ / CITY of ANDOVER 1685 CROSSTOWN BOULEVARD ~,W. - ANDOVER, MINNESOTA 55304 -(612) 75~5HjO ",". '" ; .' '. -. . .", ~-'-. . . ~-, ,,'; . ..' -, ;..;,~:~~._.'.~....:_.. ,",_"5., ""',' CITYOFANDOVER;.. ,', .',:".,--""",,~,>;-, : ~ '1 ,/. ~_~. .' :'~~~;~~~?:}:":~" , ' . ,"'. . '~,;'. ..'. ~ -", The Planning arid Zoning Corinnissionof the CitY ofAOdover Willnofcnrpuplic' neanng<:;- ~. :'''':::< t.}--" at 7:00 p.m:, or as soon thereafter as can be~~ard, on_d~o.~ ~t~'1999~tAi1fIo:v-~r~i~:: ' .,'{;\::;i:\':, _ Hall; 1685 Crosstown Boulevard NW, Andover, Minnesota: to 'review the SpecialUse','.-':\ '.' -:"--;:,.-c,:;.'; ~-':<, '?, .... ~:.;~~-:n~~~~I~~~~~~~;J:~~~}}~~i~~;~~~~$~~t All written and verbal commentS will be received at that time. Written'comm.ents.can be:'~;';::';'>~"{,/:::;' submitted prior to the meeting atfax(612)755-8923 '01' eniail: . .' ' , . ,,' '.' ,'0'-.:' mbarnett@cLandover.mn.us, A copy of the proposed application will be available for, . " review prior to the meeting at City Hall. Please contact Megan Barnett, Planning Intein with any questions at(612) 755-5100. ' / Publication dates: October 1, 1999 October 8, 1999 ) PIN 223224240016.0 GIDDINGS T K & MCCURDY M M 15318 NIGHTENGALE ST f' "",OVER, MN 55304 " / PIN 223224240017.0 SAARENPAA JERRY & ELIZABETH RR 1, PO BOX 245C DEER RIVER, MN 56636 / , / PIN 223224240017,0 SAARENPAA JERRY & ELIZABETH 2048 NIGHTINGALE ST ANDOVER, MN 55304 CHARLES FRITCH REMAX AND ASSOClA TES 277 COON RAPIDS BL YO NW COON RAPIDS, MN 55433 PIN 223224420001.0 SL YZUK KENNETH L & MARY ANN 15211 NIGHTINGALE ST ANDOVER, MN 55304 MARK ZlNNS COLDWELL BANKER 325 MAIN ST NW ELK RIVER, MN 55330 I / '- / ) CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 2.1999 AGENDA SECTION Non Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO, Approve SUP 99-23 Accessory Structure Gary Crider ltc>. 159xx Crosstown Blvd, NW Request Megan Barnett Planning Intern The City Council is asked to approve a Special Use Permit request by Gary Crider to construct an accessory structure prior to the placement of a principal structure on the property located at 159xx Crosstown Boulevard NW (PIN 13-32-24-32-0006). The property is zoned R-1, Single Family Rural. Plannin!! and Zonin!! Commission Review The Planning and Zoning Commission voted 5-0 (2 absent) to approve the proposal at the October 12, 1999 meeting with limited discussion. Attachments . Resolution for Approval . Planning and Zoning Minutes - October 12, 1999 . Planning and Zoning Staff Report - October 12, 1999 J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES, NO. R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST FOR GARY CRIDER TO CONSTRUCT AN ACCESSORY STRUCTURE PRIOR TO THE PLACEMENT OF A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT l59XX CROSSTOWN BOULEVARD NW (PIN 13-32-24-32-0006). WHEREAS, Gary Crider has requested a Special Use Permit to allow for the construction of an accessory structure prior to the placement of a principle structure on the property located at l59xx Crosstown Boulevard NW (PIN 13-32-24-32-0006) legally described as follows: " The South Half ofthe Northwest Quarter ofthe Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota; except the North 330 feet of the West 330 feet thereof; except road; subject to easements of record. J WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No.8, Section 5.03 & 4.05; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: J 1 / \ . J Page Two SUP 99-23 Accessory Building November 2,1999 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 2) The applicant shall place the structure in accordance with the minimum setback requirements of the R-1, Single Family Rural, zoning district. 3) The applicant shall place the accessory structure so as to accommodate the future placement and construction of a principal structure. 4) The applicant must place a permanent structure onto the property within ninety (90) days after the completion of the accessory structure. Adopted by the City Council of the City of Andover on this 2nd day of November, 1999. ATTEST: CITY OF ANDOVER lE. McKelvey, Mayor Victoria Volk, City Clerk \ ) lar Andover Planning and Zoning Commission }.feeting mutes - October 12, 1999 page 21 Gary Crider, the applicant, indicated Audi Houseb' ers of Lakeville would transport the structure. Mr. Hinzman commented he believed this mpany had relocated a structure onto Crosstown Boulevard a few years prior, and he did no ecall any issues with regard to that project. ger, to close the public hearing at 8:43 p,m. Motion by Hedin, seconded by D Motion by Hedin, secon by Daninger, to Recominend Approval of Resolution No. R -99, a Resolution Approvin Special Use Permit for the Relocation of a Structure (Home) to 159xx Crosstown Boulev , NW by Gary Crider on Property Owned by William Norlund (pIN 13-32-24- 32-0006), Mot" carried on as-ayes, O-nays, 2-absent vote. an stated this item would be considered at the November 2, 1999 City Council meetin~. PUBLIC HEARING: SPECIAL USE PERMIT - (SUP 99-23) - GARAGE BEFORE PRINCIPLE STRUCTURE -159xx CROSSTOWN BOULEVARD NW - GARY CRIDER. Ms. Barnett stated the Planning Commission is asked to review a Special Use Permit request by Gary Crider to construct an accessory structure prior to the placement of a principal structure on the property located at 159xx Crosstown Boulevard NW. \ / Ms. Barnett reviewed the applicable ordinances, and the critf:ria presented, Ms, Barnett stated the applicant is requesting to relocate the principal structure for storage of basement items. She stated the garage structure will be twenty-four (24) by thirty-six (6) feet, and 'the applicant will be required to place the structure in accordance with the minimum setback requirements of the R-I zoning district. Ms. Barnett requested the Commission consider setting a time frame for the placement of the principal structure onto the property. She explained the accessory structure will be placed onto the property so as to accommodate for the future placement of the principal structure. Ms. Barnett outlined the Commission's options for action. Commissioner Daninger inquired regarding the amount of time anticipated between the completion of the garage and the relocation of the house, and if there was any past history from which to draw guidance in regard to setting a time frame. Mr. Hinzman stated a 60 to 90-day time frame had been utilized in the past. Acting Chair Apel stated a 90-day period was the typical time frame, Mr, Hinzman explained that generally staff determines what the applicant is requesting to do, and if his time frame is reasonable for the \ ordinance. / Acting Chair Apel commented that the City's concern has been with regard to the potential of a property with an accessory structure located upon it, and no main structure, He noted there were a few occasions where this had occurred, and the City has made some exceptions in the past. Regular Andover Planning and Zoning Commission Meeting Minutes - October 12, 1999 Page 22 , \ / Commissioner Falk inquired regarding the applicable ordinance. Mr. Hinzman advised that a subsection of Ordinance No.8 regulated this matter. Acting Chair Apel asked if the Building Official had seen this proposal. Mr. Hinzman stated he had, and had expressed that his only concern was that the principal structure be placed on the property, prior to the accessory structure. Commissioner Hedin inquired if the applicant would have sufficient time to pour the footings if the Special Use Permit is not approved until the November 2 City Council meeting. ' Mr. Crider stated the construction would be ongoing throughout the fall. ~[otion by Falk, seconded by Hedin, to open the public hearing at 8:50 p.m. Motion carried on a 5- ayes, O-nays, 2-absent vote. \ There was no pubic input. J ~[otion by Hedin, seconded by Falk, to close the public hearing at 8:51 p.m. Motion carried on a 5- ayes, O-nays, 2-absent vote. Commissioner Falk noted the Commission was requested to indicate a time frame for placement of the house, after the completion of the garage. Mr. Hinzman inquired how much time the applicant anticipated between the completion of the garage structure and the placement of the home onto the property. Mr. Crider stated this would depend upon the moving contractor. Commissioner Hedin asked the applicant if 90 days would be acceptable. Mr, Crider stated it would, Commissioner Hedin inquired if this should be indicated as 90 days from the approval of the Special Use Permit. Mr, Hinzman suggested this be 90 days from the completion of the garage, as this is when the structure will be officially habitable, and in conformance with the zoning ordinance. Motion Falk, seconded by Hedin, to Recommend Approval of Resolution No. R -99, a Resolution Approving a Special Use Permit Request for Gary Crider to Construct an Accessory Structure Prior to the Placement of a Principal Structure on the Property Located at 159XX Crosstown Boulevard, , NW (PIN 13-32-24-32-0006) with the Condition that the House Must be Moved Onto a Permanent , / egular Andover Planning and Zoning Commission Meeting Minutes - October 12, 1999 Page 23 Foundation on the Property 90 days from the Completion of the Garage. Motion carried on a 5-ayes, O-nays, 2-absent vote, Acting Chair Apel stated this item would be considered at the November 2, 1999 City Council meeting. 'E: (VAR 99-10) - VARIANCE TO ORDINANCE 8, SECTION .1)2 - SIDEYARD 'NCROACHMENT OF A GARAGE - 2551136TH A VENUE - JOHN STINSON. Mr. Hinzman s ted the Planning and Zoning Commission is asked to view the request of John Stinson for two v . ances to allow for an existing principal structure t encroach into the frontyard setback, and allow fi an addition to an attached garage that will en oach into the sideyard setback from the street, on the operty located at 2551, 136tb Avenue NW, ' Mr. Hinzman stated the su . ect property is located on the co in the Hidden Creek area, so th of Bunker Lake Boulevar . Single Family Urban. r of Yukon Street and 136tb Avenue, He stated the property is zoned R-4, \ / 'ances is a five-foot variance for the existing ow for the proposed addition of a third stall in Mr. Hinzman stated the home was construc e in the mid-to-Iate 1980's, prior to the requirement of "as built" surveys of properties. He expl ' ed that a survey had been performed at the time of construction, however, the structure ha be drawn in on the survey, and later inspection determined that the placement of the s cture the property was incorrect. He advised that the existing house is a non-conforming st ture. Mr. Hinzman stated the applicant roposes to constru a three-season porch at the rear of the non- conforming structure, and work an not commence on t is project until the variance is granted for the non-conformance of the ho e. Mr. Hinzman indicated the pplicant's second request is for th issuance of the 12,1-foot variance to the third stall of the gara e. He pointed out the Building Depart ent first became aware of the non- conformance of the st cture when the application came forwar for the garage, and the Building Official went to the s' e and determined it was not in compliance. j Mr. Hinzman ex lained that the general criteria presented for recomme ing approval of a variance include practi~al difficulties or unnecessary hardships in carrying 0 the strict letter of the / provisions of the Zoning Ordinance, and that the hardships or difficulti must be related to the characteristics of the land, and not the property owner. He noted staff did not have an issue with regard to the criteria in terms of the existing structure, as the hardship was the result of an error that '\ CITY OF ANDOVER I REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: October 12. 1999 ITEM NO. 9 ORIGINATING DEPARTMENT SUP 99-23 Accessory Structure Gary Crider 1 59xx Crosstown Blvd. NW Planning Megan Barnett Planning Intern Request The Planning and Zoning Commission is asked to review a Special Use Permit request by Gary Crider to construct an accessory structure prior to the placement of a principal structure on the property located at 159xx Crosstown Boulevard NW (PIN 13-32-24-32-0006). The property is zoned R-I, Single Family Rural. I Apnlicable Ordinances Ordinance No.8, Section 4.05 states that, "No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building except by Special Use Permit." Ordinance No.8, Section 5.03, regulates the Special Use Permit process and outlines the following criteria for review: 1) The effect of the proposed use upon the health, safety, morals and general welfare ofthe occupants of the surrounding land. 2) The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on the values of property and scenic views in the surrounding area. 4) The effect ofthe proposed use on the Comprehensive Plan. , \ Page Two SUP 99-23 Accessory Building October 12, 1999 , Backl!round The applicant has recently sold their present residence located at 1554 131st Avenue NW in Coon Rapids and purchased a new lot at 159xx Crosstown Boulevard in Andover. The Crider's would like to keep their current house and have it moved to their new property. Prior to the relocation of the principal structure the Crider's would like to construct a garage on the new property to allow for storage of a furnace, water heater, and other various basement items. General Review \ . The proposed garage will be twenty-four (24') feet by thirty-six (36') feet. . The applicant will place the structure in accordance with the minimum setback requirements of the R-l zoning district. . The commission should consider setting a time frame for the placement of the principal structure onto the property. . The applicant will place the accessory structure onto the property as to accommodate for the future placement of the principle structure. Commission Options 1. The Planning and Zoning Commission may recommend to the City Council approval ofthe Special Use Permit request to construct a twenty-four (24') foot by thirty-six (36') foot accessory structure prior to the placement of a principal structure located at 159xx Crosstown Boulevard NW legally described on the attached resolution. The Commission finds the request meets the requirements of Ordinance No.8. 2. The Planning and Zoning Commission may recommend to the City Council denial of the Special Use Permit request to construct a twenty-four (24') foot by thirty-six (36') foot accessory structure prior to the placement of a principal structure located at 159xx Crosstown Boulevard NW legally described on the attached resolution. I , The Commission finds the request does not meet the requirements of Ordinance No.8, In recommending denial of the request, the Commission shall state those reasons for doing so. " Page three SUP 99-23 Accessory Building October 12, 1999 / 3. The Planning and Zoning Commission may table the item pending further information from Staff. Attachments . Resolution . Location Map . Site Plan . Site Pictures . Special Use Permit Application . Notice of Public Hearing \ / / / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT REQUEST FOR GARY CRIDER TO CONSTRUCT AN ACCESSORY STRUCTURE PRIOR TO THE PLACEMENT OF A PRINCIPAL STRUCTURE ON THE PROPERTY LOCATED AT 159XX CROSSTOWN BOULEVARD NW (PIN 13-32-24-32-0006). WHEREAS, Gary Crider has requested a Special Use Permit to allow for the construction of an accessory structure prior to the placement of a principle structure on the property located at 159xx Crosstown Boulevard NW (PIN 13-32-24-32-0006) legally described as follows: , / The South Half of the Northwest Quarter of the Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota; except the North 330 feet of the West 330 feet thereof; except road; subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinance No, 8, Section 5.03 & 4.05; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the Special Use Permit on said property with the following conditions: , ) \ Page Two SUP 99-23 Accessory Building October 12, 1999 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No.8, Section 5.03 (d). 2) The applicant shall place the structure in accordance with the minimum setback requirements of the R-1, Single Family Rural, zoning district. 3) The applicant shall place the accessory structure so as to accommodate the future placement and construction of a principal structure. 4) The applicant must place a permanent structure onto the property within ninety (90) days after the completion of the accessory structure. Adopted by the City Council ofthe City of Andover on this 2nd day of November, 1999. , / ATTEST: CITY OF ANDOVER Victoria V olk, City Clerk lE. McKelvey, Mayor / '\ ~ City of Gary Crider Andover 159xx Crosstown Blvd 0 I- en en c- o c::: 0 L/ T CONSTANCE BLVD I 1~ C 16019 556 680 428 ~ I 470 16034 - ~ - - ~ e-- - - - - - - ,..., I :> I 15975 \ m I I ~;~ - - I 525 475 Site Location 575 ? t I--- - ________ ~ -10 ------r---. 159THA~ i - - - - - - - - - - - - 15883 "-~ :;/ 524 15876 = 15845 15827 - ; I- ----- <Il X 15833 - ! w :! : 531 15818 f- i 921 887 15762 15803 ;; , 15773 158TH AV<' 158TH AVE 7/ 15783 -'----- - 15745 I- 910 910 <Il- l- 546 496 / <Il W 0 ~ 0 -0 0 -- ::> ~ -< ~ w ~ l1 ~v~1 \ ['~'Trl IH ~ LEGEND ~~ ~~ (V N Sources: h;l~ A 'Y o 350' Mailing Boundary ..IlJLOCAllON 13'" Andover Engineering .~ \ Subject Property ~~ ~ ~ Andover GIS N Street Center Lines o Properties Notified Anoka County GIS ~ ,1-' c ~ ,] Parcels '~ ~ D Lot I Parcel Boundaries 1 inch = 490 feet RF - 15,883 8 Right-of-Way - ~ Water Features Map Date: August 10, 1999 '\ ) / 'b I ...-:' : : . .,..... I." .....~_'"' ,~-_.. ~ ~W! -~ BLVD-, -- NY/. ...- ..,. -- ..l~,"' .~ r--~~; CO~STANCE I 'r , k. ~ I , ~J/ (t) j ... . /:( II' V~N' A''''r~''1'.N'1f (I) ~ ,:!i CQ L l- I a: t!) . , f""- rtS,/ -;;t...., /J<('; ~4.VJ; ..._-- _.- --_._... ..- --.------- s~, , ~11" ,./jf 1/,N*".../.;,/1/.,,,, A.";I ._.. _~L_ /30'1 r9'1' I I ~, GAR/J':6E- 2'-1-x_3f. .__.- -.-.-..- .--- .' , ..~.. .. --,-- 'r I I .n/1" ,--.-.... .-' ; 13;-' .~ I f.f) , , 3'S" ~ " : .- (~) " ......... '. ............ . . . "" " ',. 11111LSE_ W1 IJl'_ POR(J.L-~C)( r'l-~ ,', .' , . . -: !-.~ . .".. , " ;... ", ~~ /iitfEi-:~:~~ f;L- --+' . '-'.' ..-, ~~",:-.:.---.--,-,:~' ....,........;-. (;!) J , I , (;. ..J ".--- -- ~.... k - -..-..,..... ... --. ", (3J I ~.,\ -...- .. I .:. : c:'~c1l;' :'::':~ : ~.~~ .' #:\~ I _:'!'- "b.. ;.';7., 6.,~:.";. . . ,&:~ -- .;:,-. ~ -"~ - :---."it .. f .~ , ,I , , , I Gary Crider 159XX Crosstown Blvd. , CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N,W, . ANDOVER. MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT property Address Legal Description of Property: (Fill in whichever is appropriate): Lot Block Addition PIN/'] 31... cP'/32 C}oot,; (If metes and bounds, attach the complete legal description. ) Is the property: Abstract ~ or Torrens ? (This information must be provide~ can be obtained from the County. ) ----------------------------------------------------------------- Reason for Request /.A) 5 A/e..13 N()u) LIUJ /l/IP A---r- / r~ / J/ SI 4-tJ1E_ /vW. L:/)tJN J<. ,4;oJb5 We cf/)L/? -rIJ./J-j P;z 0 P ~A T,/ .4)( JC} A-Ie G H' IF g P IIV'I/ -rJl-E !Ioos G - & p ,PL-4!1 , eN M(fltlfl/b -r/l-t3 I-fOV$E If) -rife J:JcJ't~J /38/7 LtJc-1-7/ClN /J-/JOtJ {3 _ 13 t/T tu e tr / ('J I.J i-- /.? L. / /< 13 rtJ /:J iJ / LOr )fe bfi-~;J6E A/f~T TO ,f'Tt)/\ GE tJA-'5E:P-'7.GN/:t-ri?/11f, EI/JtN.4c&r;'Tt. Section of Ordinance Current zoning Name of Applicant G~fi- 'i j), (!/<../IJI7ft.. Address /~~~ /J/57 AVE". IVw- IJ)t7N leA-IN/J') MINH t;(,,/yg- , Home Phone t,1:::l-7S7-?t))~? Business Phone b/:2-9?-r - ~ ~?-Z ~~~::~~::_-~~~~~-~-~~~-~-----------~:~:_~~~-~~------- property Owner (Fee Owner) W Il-l~ I/J-m E. III ()/2. L tJ Nf') (If different from above) Address 131'"3 0I/-1ISjLI--/Z- .4-IIP. /ih/JIv/lJ2.4 II/LLS f4L/FatJ../y/4 , ~ 91 J ~~ Home Phone L-J7d'-3CO-Cl(,/~ Business Phone y: Signature Date C.J/.97/C;Ci / ' ----------------------------------------------------------------- , '. SPECIAL USE PEAAnT PAGE 2 , / The following information shall be submitted prior to review by the City of Andover: 1. A scaled drawing of the property and structures affected showing: scale and North arrow; dimension of the property and structures; front, side and rear yard building setbacks; adjacent streets; and location and use of existing structures within 100 feet. 2. The names and addresses of all property owners within 350 feet of the subject property , Application Fees: Commercial Residential Amended SUP Recording Fee Abstract property Torrens property Mailing labels $200,00 $150.00 $100,00 ) $25.00 $40,00 $25.00 Date Paid Receipt # Rev. 5-06-93:d'A 5-04-94:bh 2-01-95:bh 3-22-95:bh 9-30-96:bh 1-07-97:bh 6-03-98:bh Res. 179-91 (11-05-91) CRITERIA FOR GRANTING SPECIAL USE PERMITS In granting a Special Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: 1. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands, 2, Existing and anticipated traffic conditions including parking facilities on adjacent streets and lands, '. , j 3. The effect on values of property and scenic views in the surrounding area, 4, The effect of the proposed use on the Comprehensive Plan. :supapp ":".7"':.;'. ",~ ,,_~,~-:..:,,}"',.{.<~.~r :,'~{;)\'LJ;,"i(i::{~e':C", . ' '\ ,j . -~ CITY of ANDOVER . ~.,. . . "........ . CITY OF ANDOVER ' , , ,,', " -' COUNTY OF ANOKA,: ,- '.: "':"';;:"';:''''< ,~;:<~~....~~:i~{-;:,~,.;;:.~;;':~,~~;::: . .,'~~2~~;~~~~;~j~f~;Jfj~t~~t:;:;!il The Planning and Zoning Co~~on ~f the City OiAndo~er:'wilii1old,~~\;ubli~,i:;;d~if~~~~;\.,-.i;?~:f~;-,"~ _ hearings at 7:00 p.m., or as soon thereafter as can be heard..'on Tuesday,Octobei,12;~~~29';:::::,':,-'::,::::,: at Andover City Hall, 1685 Crosstown Boulevard NW, Andover~ MinO.esota'ti> reView the:~::~:::~:,;,,->>~:: following requests of Gary Crider on prope~9wned by.willi~ NorIund:at_i5~':::~~::;:}:':.;~'C::,";~;;:;;;.:-':: ' .~ro:;wn :::;'::::::::!?~~~~;:~a;pnnci:t~::.;';(:~~~~~f,~t;; 2) ,Special Use Permit to relocate a structure (home) to the site: ' , ., ,:.,' , ' " ". ,~..,~.~~.~\~ .:. The subject property is located at 159xx Crosstown Blvd. NW and is legally described as follows: , ) The South Half of the Northwest Quarter of the Southwest Quarter of Section 13, . Township 32, Range 24, Anoka County, Minnesota; except the North 330 feet of the West 330 feet thereof; except road; subject to easements of record, All comments will be received at that time. Written comments can be submitted prior to the meeting at fax (612) 755-8923 or e-mail: Jhinzman@andovennn,com. A copy of the proposed application will be available for review prior to the meeting at City Hall. Please contact John Hinzman, City Planner with any questions at (612) 755-5100. 4 Publication dates: October 1, 1999 October 8, 1999 " '\ ) PIN 133224320002 CARLSON JUDITH BETH 680 CONSTANCE BLVD NW / 'OVER, MN 55303 , j PIN 133224320001 BARTH JOAN S 16481 HILLTOP RD EDEN PRAIRIE, MN 55347 PIN 133224310007 ERICKSON CONNIE L & NEIL M 512 CONSTANCE BLVD NW ANDOVER, MN 55304 PIN 143224410006 ORSTAD REYNOLD N & SHARON J 16034 CROSSTOWN BLVD NW ANDOVER, MN 55304 PIN 133224320001 Barth Joan S 16019 Crosstown Blvd. Andover, MN 55304 PIN 133224320006 NORLUND WILLAIM E & PHYLLlS 13153 WHISTLER AVE GRANADA HILLS, CA 91344 PIN 1332243 10003 ORTIEL GARY R & LILLIAN L 574159THAVENW ANDOVER, MN 55304 PIN 133224340003 HAMMENT STEPHEN L & MARY 524 159TH AVE NW ANDOVER, MN 55304 PIN 143224440022 GROSS JOHN L & JOLENE J 15845 SYCAMORE STNW ANDOVER, MN 55304 PIN 133224330001 MILLER THOMAS S & SHIRLEY M 15827 CROSSTWON BLVD NW ANDOVER, MN 55304 , ) PIN 223224140006 ANOKA HENNEPIN ISD #11 11299 HANSON BLVD NW COON RAPIDS, MN 55433 PIN 343224130001 POVLlTZKI RICHARD & MARLENE 1851 BUNKERLAKEBLVDNW ANDOVER, MN 55304 '. , J PIN 133224310002 POLSON AUDREY L 556 CONSTANCE BLVD NW ANDOVER, MN 55304 PIN 133224320003 CARLSON JUDITH BETH 680 CONSTANCE BLVD NW ANDOVER, MN 55303 PIN 133224310004 SPRAGUE PATRICK T 525 I 59TH AVE NW ANDOVER, MN 55304 PIN 133224340002 ORTIEL GARY R & LILLIAN L 574 159TH AVE NW ANDOVER, MN 55304 PIN 2232241 10002 CHESTERTON PARTNERSHIP 3640 152ND LANE NW ANDOVER, MN 55304 PIN 233224140006 Anoka Henn. lnd, School Dist #1 I 15400 Hanson Blvd Andover, MN 55304 " i , .J \ j CITY OF ANDOVER REQUEST FOR COUNCIL ACTION DATE: November 2. 1999 AGENDA SECTION Non Discussion Item ORIGINATING DEPARTMENT Planning ITEM NO, Approve SUP 99-24 Relocation of Structure Gary Crider 159xx Crosstown Blvd NW John Hinzman, City Planner \'t , Request The City Council is asked to review the request of Gary Crider to relocate a home on approximately 17 acres owned by William Norlund at 159xx Crosstown Blvd NW (PIN 13- 32-24-32-0006), legally described in the attached resolution. The application is submitted in conjunction with a special use permit request to construct a garage before the primary structure, The property is zoned R-1, Single Family Rural Planning and Zoning Commission Review The Planning and Zoning Commission voted 5-0 (2 absent) to approve the proposal at the October 12,1999 meeting with limited discussion. No comments were received during the public hearing. Attachments · Resolution for approval . Planning and Zoning Staff Report - October 12, 1999 \ j \ , / \ , / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. R -99 A RESOLUTION APPROVING A SPECIAL USE PERMIT FOR THE RELOCATION OF A STRUCTURE (HOME) TO 159XX CROSSTOWN BLVD. NW BY GARY CRIDER ON PROPERTY OWNED BY WILLIAM NORLUND (pIN 13-32-24-32-0006). WHEREAS, Gary Crider has petitioned for a special use permit to relocate a home from 1554 131 51 Avenue NW in Coon Rapids to 159xx Crosstown Blvd. NW on property owned by William Norlund, legally described as follows: The South Half of the Northwest Quarter ofthe Southwest Quarter of Section 13, Township 32, Range 24, Anoka County, Minnesota; except the North 330 feet of the West 330 feet thereof; except road; subject to easements of record. WHEREAS, the Planning and Zoning Commission has reviewed the request and has determined that said request meets the criteria of Ordinances No. 200 and 8, Section 5,03 & ; and WHEREAS, the Planning and Zoning Commission finds the request would not have a detrimental effect upon the health, safety, morals, and general welfare of the City of Andover; and WHEREAS, a public hearing was held pursuant to state statute; and WHEREAS, the Planning and Zoning Commission recommends to the City Council approval of the Special Use Permit as requested. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning and Zoning Commission and approves the special use permit on said property with the following condition: 1) That the Special Use Permit be subject to a sunset clause as stipulated in Ordinance No, 8, Section 5.03 (d). 2) That the relocated structure complies with all applicable ordinances, building codes and fire codes. 3) That the relocated structure be placed on a permanent foundation within thirty (30) days of the issuance of a building permit. 4) That a primary and secondary septic area be identified and duly protected per Ordinance 10, Section 9,07. " ) / , / Page Three SUP 99-24 159xx Crosstown Blvd. NW November 2,1999 Adopted by the City Council of the City of Andover on this 2nd day of November, 1999. CITY OF ANDOVER ATTEST: J.E, McKelvey, Mayor Victoria V olk, City Clerk \ 7t Regular Andover Planning and Zoning Commission "'leeting Minutes - October 12, 1999 Page 19 j ivfr. Barnett s ted the applicant is requesting to erect two four (4) foot by eight (8) foot real estate signs to market e single family residential development of Fox Hollows. She provided the Commission with a 'cture of the proposed signs. Motion by Falk, seconded by edin to open the public hearings for Items 7 and 8, at 8:35 p.m. Motion carried on a 5-ayes, O-nays, There was no public input. Motion by Daninger, seconded by Hedin to c e the public hearings for Items 7 and 8, at 8:36 p.m. / Motion by Falk, seconded by Hedin to Recommen pproval of Resolution No. R -99, a Resolution Approving a Special Use Permit Request of Gor-em, C to Erect One (1) Real Estate Sign Along Hanson Boulevard NW on the Property Located at 1641, 55th Avenue, Legally Described as Lot 4, Block 8, Fox Hollow (pIN 22-32-24-1 1-0022), and Resolutio No. R -99, a Resolution Approving a Special Use Permit Request of Gor-em, LLC to Erect (1) Real tate Sign Along Nightingale Street on the Property Located at 15302 Martin Street, Legally Describe as Lot 8, Block 1, Fox Hollow (PIN 22-32-24-13-0023). Motion carried on a 5-ayes, O-nays, O-absen Y'ote. Acting Chair Apel stated these items would be considered at the Novembe " 1999 City Council meeting. PUBLIC HEARING: SPECIAL USE PERi.111T - (SUP 99-24) - RELOCATION OF STRUCTURE -159x,x CROSSTOWN BOULEVARD NW - GARY CRIDER, Mr. Hinzman stated the Planning and Zoning Commission is asked to review the request of Gary Crider to relocate a home on approximately 17.5 acres located at 159xx Crosstown Boulevard NW. He indicated the subject property was located east of Crosstown Boulevard, to the south of Constance Boulevard, and the northwest corner of the site is the planned location of a future fIre station. Mr. Hinzman stated the property is zoned R-t. Single Family Rural. Mr. Hinzman reviewed the applicable ordinances, and the criteria presented, Mr. Hinzman stated the proposed site is surrounded by the R-l, Single Family Rural Zoning District. and the nearest home is located approximately 560 feet from the subject property. " Mr, Hinzman explained the proposed home is a 1,600 square foot walkout rambler, constructed in , I the mid 1980's, and is currently located in the city of Coon Rapids. He stated staff has contacted the Regular Andover Planning and Zoning Commission Meeting Minutes - October 12, 1999 Page 10 " ( Coon Rapids Assessors Department to determine if there were any outstanding issues with regard to the structure, and were informed that there were none. ' Mr. Hinzman provided the Commission with the site plan of the proposed site, noting that it is located a substantial distance, approximately 500 feet, from Crosstown Boulevard to the east, and approximately 130 feet from the northern property line. He indicated there were wooded areas to the north and east of the proposed site, with an open field located to the south. Mr. Hinzman stated staff has reviewed the age and value of the proposed home, in comparison with other homes in the area, and found it to be consistent with the value of those homes. Mr. Hinzman advised the site buildability will require official confirmation by the Building Department. He explained staff has had preliminary discussions with the Building Official in'this regard, and the site appears to be buildable, however, final verification will be required, as well as identification of the primary and secondary septic system fields, at 5,000 square feet each, which will be set aside and undisturbed during the construction process, Mr. Hinzman stated the applicant will be required to obtain a moving permit from the Building Department, prior to the relocation of the structure. /) Mr. Hinzman outlined the Commission's options for action. He stated staff recommends approval of the proposal, subject to the provisions of the resolution, which include identification of the septic system areas, and that the structure be placed upon a permanent foundation within 30 days of the issuance of the building permit. Commissioner Hedin inquired how often houses had been moved into the City of Andover. Nlr. Hinzman explained typically, this occurs once every few years, with approximately five or six relocations since 1980. Commissioner Hedin inquired if there were any issues with regard to relocating the structure, in terms of blocking off the streets. Acting Chair Apel indicated these matters are regulated by the State. Mr. Hinzman added, through the provisions of the moving permit, the applicant will be required to provide the Building Official with the identified route. and identify any overhead power lin~$ or any oth~r structures that might interf~re with the movement of the structure. and make provisions for that. Commissioner Hedin inquired if the structure would be transported via a licensed contractor, tvlr. Hinzman stated this was correct Motion by Falk, seconded by Hedin. to open the public hearing at 8:42 p.m, Motion carried on a 5- \ ay~s. O-nays, 2-absent vote. l Regular Andover Planning and Zoning Commission }',feeting Minutes - October 12, 1999 Page 21 Gary Crider, the applicant, indicated Audi Housebuilders of Lakeville would transport the structure. Mr. Hinzman commented he believed this company had relocated a structure onto Crosstown Boulevard a few years prior, and he did not recall any issues with regard to that project. Motion by Hedin. seconded by Daninger, to close the public hearing at 8:43 p.m. Motion by Hedin, seconded by Daninger, to Recommend Approval of Resolution No. R -99, a Resolution Approving a Special Use Permit for the Relocation of a Structure (Home) to 159xx Crosstown Boulevard, NW by Gary Crider on Property Owned by William Norlund (pIN 13-32-24- 32-0006). Motion carried on as-ayes, O-nays, 2-absent vote. Mr. Hinzman stated this item would be considered at the November 2, 1999 City Council meetinlF PUBLIC HEARING: SPECIAL USE PERMIT - (SUP 99-23) - GARAGE 'FORE PRINCIPLE STRUCTURE -159xx CROSSTOWN BOULEVARD NW - GARY C ER. Ms. Barnett stated the Planning Commission is asked to review a Special e Permit request by Gary Crider to construct an accessory structure prior to the placement of rincipal structure on the property located at 159xx Crosstown Boulevard NW, / Ms. Barnett reviewed the applicable ordinances, and the criteria Ms. Barnett stated the applicant is requesting to reloca the principal structure for storage of basement items. She stated the garage structure will be wenty-four (24) by thirty-six (6) feet, and the applicant will be required to place the structu in accordance with the minimum setback requirements of the R-l zoning district. Ms. Barnett requested the Commission cons' er setting a time frame for the placement of the principal structure onto the property. She e lained the accessory structure will be placed onto the property so as to accommodate for the fu e placement of the principal structure. Ms. Barnett outlined the Commission' options for action. Commissioner Daninger inquirer-regarding the amount of time anticipated between the completion of the garage and the relocati~ of the house, and if there was any past history from which to draw guidance in regard to setting a'time frame. Mr. Hinzman stated a 6~ 90-day time frame had been utilized in the past. Acting Chair Apel stated a 90-day perio~at~ the typical time frame. Mr. Hinzman explained that generally staff determines what thl applicant is requesting to do, and if his time frame is reasonable for the ~ ordinance. II / CITY OF ANDOVER REQUEST FOR PLANNING AND ZONING COMMISSION ACTION DATE: October 12. 1999 ITEM NO, 10 ORIGINATING DEPARTMENT SUP 99-24 Relocation of Structure 1 59xx Crosstown Blvd. NW Gary Crider Planning John Hinzman City Planner Request The Planning and Zoning Commission is asked to review the request of Gary Crider to relocate a home on approximately 17 acres owned by William Norlund at 159xx Crosstown Blvd NW (PIN 13-32-24-32-0006), legally described in the attached resolution. The application is submitted in conjunction with a special use permit request to construct a garage before the primary structure. / The property is zoned R-l, Single Family Rural Applicable Ordinances Ordinance No.8, Section 5,03, regulates the special use permit process and outlines the following criteria for review: 1) The effect of the proposed use upon the health, safety, morals and general welfare of the occupants of the surrounding land. 2) The effect on existing and anticipated traffic conditions including parking facilities on adjacent streets and land. 3) The effect on the values of property and scenic views in the surrounding area, 4) The effect of the proposed use on the Comprehensive }>lan Ordinance No. 200, regulates the movement of structures over public roads via the special use permit process. The following criteria shall be considered: \ , J 1) Compatibility with surrounding uses and structures. 2) Protection against depreciation of neighboring properties. '. Page Two , / SUP 99-24 159xx Crosstown Blvd NW October 12, 1999 Adjacent Land Use The proposed site is surrounded by the R-l, Single Family Rural Zoning District. The nearest home is approximately 560 feet from the proposed site, The northwest corner of the site is a the planned location for a future fire station, Pictures of the proposed home will be presented at the meeting, Proposed Home The proposed home is a 1600' square foot walkout rambler constructed in the mid 1980's. The applicant currently resides in the home at 1554 13151 Avenue NW (southeast corner of Hanson and 131 st ) in Coon Rapids, The home will be placed approximately 465' from Crosstown Blvd, behind the future site of Fire Station No.4. Building Department Review " J The Building Official has examined the house and has not identified any major building code issues. Minor code issues to be resolved include painting house, adding railings and banisters, etc. General Review · The site is screened from adjacent homes. · The Coon Rapids Assessor has not identified any outstanding issues with the structure. . The age and value of the proposed home is consistent with surrounding homes. . Site buildability will need to be officially confirmed with the Building Department. . The applicant will need to obtain a moving permit from the building department before commencmg. Commission Options The Planning and Zoning Commission may recommend one of the following options: [, Recommend approval of the Special Use Permit, finding it meet the requirements of Ordinance 8. " J 2. Recommend denial of the Special Use Permit, finding it does not meet the requirements of Ordinance 8, In recommending denial of the request, the Commission shall state those reasons for doing so. 3. Table the request pending further information. 1 > Page Three SUP 99-24 l59xx Crosstown Blvd. NW October 12,1999 Recommendation Staff recommends approval of the proposal subject to the provisions of the attached resolution. Attachments . Resolution . Location Map . Site Plan . Special Use Permit Application . Notice of Public Hearing , / '\ > ",~ City of Andover Gary Crider 159xx Crosstown Blvd 0' 1-' :enl !en 'OJ n5\ ~1I iH,- "" Ii ~ 1"7' ~921 ~ 15762 1 ~ 158TH1AVF t;c. 910 I t;b IW'~81 I ---Hi I 0' ' :~ ~~ I~; 2', 1,(1)1 o:::! ----...-.J Il u>; /1 , "~/\~/" l ~,1, ,'l> 15827 15803 15773 15745 ,/ 1~7T'H AVF I I o 350' Mailing Boundary /'. Street Center Lines .. Properties Notified Parcels q Lot f Parcel Boundanes Rlght.ot.W3'1 d Water Features 531 15818 158TH AVE 546 i I ~---.J IH N A I inch" -190 feet 428, ~ 470 475 15883 15876 496 Sources: Andover Engineering Andover GIS Anoka County GIS Map Date: August 10,1999 RF, LS,883 ~" ,,- ~.'~ r--~ '1--- "Ui~! . " , , .~ 1 I -' . , I I 6 ~ CD i \00- Z I (f) 0 a: ('" , , ./ ; . t ~ ..~ ~, -: ~ a: I' . ~ :0 l \ , I ~ -lo . It . ~ , ~' CO~STANCE: I . BLVD-, 'NW..--'---.' 'r olil/l" . l, ~ r I ! It) /2} J 1 ? 4 '~:{ ,r ""'';..r K,F.'.67;'*' ~Jt'1I ..L!W ,7,;1' (I) r' - f":JhM,hOr'~,1-:'VJf ( 3, ~,I< ~<1,r /0/1/ ,/"",{"r"/.N/.f~,.t":f (51 i ,..__, _ L- /30'~ ~9'11 ! ~, 6ARAGE ~ 13,' ~:JS- ~ j i "'--'---, -:-U'" 'r -114 -, -- I . , . .;,' k ", --.. ..-,- : , I _2(1')( 3 G. I I ... - .' ~ " : jJ ,./ (J) I .. , , , " ............ : '. , ., '" (~) ....-.., ......... "- ".. ...... HOUSE (,J/TJI PORCJ.f 3~ I ')( 5"'1' ,,", . , , , " ---<e-- ", : ..... - . .. .-. ". ....~ . .. ......,.:-' I '-.. : ". .....: , . ..... .' ........... ... ", . /JJ \' ..' ':\~ ~~ ~: i' ........ "..- ." . &::!'.: , - , ! . , -. ". .. (.z) I .',," .. ~.' (4-) . -' , .' .i~t',' (; I ..." , ,.I CITY of ANDOVER 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (612) 755-5100 SPECIAL USE PERMIT Property Address 15"'1)(.;( C/clSS~ J<,lud /l)l.-v' Legal Description of Property: (Fill in whichever is appropriate): Lot Block PIN IJ 3Z ~y 72 OOO~ Addi tion (If metes and bounds, attach the complete legal description. ) Is the property: Abstract ~ or Torrens ? (This information must be provide~ can be obtained from the County. ) ----------------------------------------------------------------- Reason for Request wE A,(r 1<!(')W LIIiIN& A"i J-;'lj (.1 , ) JISTfi-VE}../w ~t.:YJ/.J)( tJ.P/d~ I.A/c- ..5'OL.LJ 7'/1.4-7 r'/(O;off~T/ '\ /JIA/iJ A-/?G }('l36P/Nt THe )./tJCJ.5E _ /A/P; r'LA-!V ()I-/ , / 1-1~/'JIN(~ -rJ.l..G:. j"l/)t)f"::: -rtJ T/.J-E /JG".</,~J!'i~// L/)t: /;.:r/~N' , A /3() I)r Section of Ordinance ~ >-I. ;)~ Current Zoning 4 - / ----------------------------------------------------------------- {? /<. /.t:J c k AI Vv' .. ('(.0;,/ j(' 4/'1// 5 N (N /'I 1>Y'ty~ Home Phone &/di-7r?-!(/,? Business Phone6/;2'-9.f7- $-'';;7"'2- Signature ~/?7{l,Y.1, {L;iu Date ~/2JI9'1 ----------------------------------------------------------------- Name of Applicant 6/9Jzy' .d /.,- S--~ /3/, r /J-(/E Address Property Owner (Fee Owner) .I JI: tf1;~ E "-?1(7)IIVl<"{" (If different from above) - '\ Address / J J S-3 IA./ .....);14};/..t-t/ Home Phone /-,f-/ ;---3&0- 2t./ Y >< Signature ()AA ~ (j/7~ft1~La ti/;i/J {i~, Business Phone Date 9/tPj/ tJ 9 ----------------------------------------------------------------- .".- -- ." " ' , ./ , " CITY of ANDOVER CITY OF ANDOVER " ,__ ." ,- COUNTY OF,~OKA .,' .-;,,:::,,:; <,::\~~"~-:"':;:( '.' 'STATEOFMINNESOTA' ",' ",'"l:;:~,'i:":","~"'::~.:-,'.' ',', ,C , ' ' ~':, '.-- '.:.,::,.:::."'.' ~.: '. ,~' '.'.",- ~ <,,-; '~~, : ";~:.J;~~::~~,~f%7f~~~~;-i~~~r" NOTIcE OF PUBLIC HEARING . . " ." " ,., , , '. '. . ~ '..' -, ".' .:,. ~" . . ~"- : ~ :..,~ :.,.... .. The Planning and Zoning Commi~ion of the City ~f Andover' will hold ~o public: " /:., :~':'::' :0.-,':, ' hearings at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, October 12, l!}Q9': ':,,', at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota to review the ::~ ____,-',~,:',' , following requests of Gary Crider on propeity owned by WillianiNorIundat 159xx .':' ,':',::.:- ',=<" ~,:' " . Crosstown Blvd. NW (pIN 13-32~24-32-0066)::'- '. ' .",' ".: .::: '~'-:(/rs'i.<'.::~:,: " .. . .' . :_..:.1~_..;..~.::.:~.: .{\..-::'.:.'~,?...~.~;,: ~;""., .. 1) 2) , , Special Use Permit to construct a garage ,before a principle structure. . Special Use Permit to relocate a structure (home) to the site: ,'.'. The subject property is located at I 59x.x Crosstown Blvd. NW and is legally described as follows: \, , -' The South Half of the Northwest Quarter of the Southwest Quarter of Section 13, , Township 32, Range 24, Anoka County, Minnesota; except the North 330 feet of the West 330 feet thereof; except road; subject to easements of record. All comments will be received at that time. Written comments can be submitted prior to the meeting at fax (612) 755-8923 or e-mail: Jhinzman@andovermn.com. A copy of the proposed application will be available for review prior to the meeting at City Hall. Please contact John Hinzman, City Planner with any questions at (612) 755-5100. ~ "~ Publication dates: October I, 1999 October 8, 1999 '\ .I IN 133224320002 PIN 133224320001 PIN 133224310002 ARLSON JUDITH BETH BARTH JOAN S POLSON AUDREY L 30 "'C?NST ANCE BLVD NW 16481 HILLTOPRD 556 CONSTANCE BLVD NW ?< _ j fER, MN 55303 EDEN PRAIRIE, MN 55347 ANDOVER, MN 55304 ,N 133224310007 PIN 143224410006 PIN 133224320003 :UCKSON CONNIE L &: NEIL M ORSTAD REYNOLD N &: SHARON J CARLSON JUDITH BETH ,2 CONSTANCE BLVD NW 16034 CROSSTOWN BLVD NW 680 CONSTANCE BLVD NW ~OVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55303 N 133224320001 PIN 133224320006 PIN 133224310004 uth Joan S NORLUND WILLAIM E &: PHYLLIS SPRAGUE PATRICK T 019 Crosstown Blvd. 13153 wmSTLERAVE 525 159TH AVE NW 1dover, MN 55304 GRANADA HILLS, CA 91344 ANDOVER, MN 55304 N 133224310003 PIN 133224340003 PIN 133224340002 UTEL GARY R &: LILLIAN L HAMMENT STEPHEN L &: MARY ORlTEL GARY R&: LILLIAN L -l159THAVENW 524 159TH AVE NW 574159THAVENW mOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 'l143224440022 PIN 133224330001 PIN 223224110002 ~OSS JOHN L & JOLENE J MILLER THOMAS S & SHIRLEY M CHESTERTON PARTNERSHIP 345 SYCAMORE ST NW 15827 CROSSTWON BLVD NW 3640 152ND LANE NW mOVER, MN 55304 ANDOVER, MN 55304 ANDOVER, MN 55304 \ / ,j 223224140006 PIN 343224130001 PIN 233224140006 :OKA HENNEPIN ISO #11 POVLITZKl RICHARD & MARLENE Anoka Henn. Ind. School Dist #11 15400 Hanson Blvd ~99 HANSON BLVD NW 1851 BUNKERLAKEBLVDNW Andover, MN 55304 ON RAPIDS, MN 55433 ANDOVER, ~IN 55304 , _,J CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: November 2.1999 ITEM NO, Receive Assessment Roll/Order Public Hearing/ \;,8-32/3512 - 142nd Avenue NWIWM ORIGINATING DEPARTMENT Todd J. Haas, #' Engineering AGENDA SECTION Non-Discussion/Consent Item The City Council is requested to approve the resolution for hearing on proposed assessment for the improvement for Project 98-32, 3512 - 142nd Avenue NW for watermain improvements. The reason it is requested to hold a public hearing is due to the fact that the homeowner that petitioned for the municipal water in late 1998 recently sold the house. Therefore, the City was not able to obtain a waiver for the public hearing from the original homeowner. The new homeowner was not aware of the assessment. City staff has contacted the current homeowner about this to let them know that a public ., hearing notice will be sent to them regarding the assessment that is proposed to be placed on / the property, " ) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , , / RES. NO, MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO, 98-32. 3512 -142ND AVENUE NW. WHEREAS, by a resolution passed by the City Council on October 5, 1999, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 98-32. WHEREAS, the Clerk has notified the Council that such proposed assessments has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: / 1, A hearing shall be held the 7th day of December, 1999 in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of improvements, She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3, The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged of the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interested will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 2nd day of November ,19....illL, with Councilmembers voting in favor of the resolution, and Council members against, whereupon said resolution was declared passed, voting CITY OF ANDOVER \ ~ ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , , '.j DATE: November 2, 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas, ~ Engineering ITEM NO, Approve 1999 Carryover Park Capital Improvement Budget \C\. The City Council is requested to approve the carryover of the 1999 Park Capital Improvement Budget of $50,000 and also approve the carryover of $12,863.91 from 1998 of Hawkridge Park Well. If the City Council recall, the bids came in too high for the construction of Hawkridge Park Well and staff will be looking at rebidding the project later this winter or early spring. ) / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: November 2. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINA TlNG DEPARTMENT Todd Haas,~ Engineering ITEM NO, Accept Trail EasementlShadowbrook 5th Addition 00. The City Council is requested to accept the quit claim deed for a trail and utility easement in Shadowbrook 5th Addition. City staff and the Park and recreation Commission are recommending approval of the deed so that the individuals living in the area south of Coon Creek will now be able to access the future trail which will be located on the north side of Coon Creek if and when the property develops on that side of the creek. \ ) .' " ,I 10-20-19998,10AM FROM TONY E~ERICH CONST, 6127556311 1-".;':::: QUIT CLAIM DEED j No dlHinquent taxes and transfer enterea; Certiftcate of Rea' Estate Value ( ) filed ( ) not roqu'rod Certificate of Real E.tate Value No. 19 - CoLlnty Auditor by Oopu\y (r-....-dforr.cordlnCldlota) STATE DEED TAX DUE HEREON: $ 1,65 Date: October 20. 19 99 . Municipal CQrporation Anaka Bunker. LLC. . limited liability company Grantor, M1'eby conve)'8 and quitclaims to City of Andover under the laws of Mlnnosotll County, Minnesota. described H follows: under the lawe of FOR VALUABLE CONS'DERAT'ON, Grantee, real property In Soe back for legal description. J TOTAL CONSIOERATlON FOR THIS TRANSACTION IS LESS THAN $500,00, SELLER CERTIFIES 7HAT SEllER DOES NOT KNOW OF ANY WEllS ON THE DESCR'BED REAl PROPERlY. (it '"'"..,~ laf'lll.d. c:onllnUl 01'1~) toge1ner wilh all haredilamel'lta Bnd appurtenances thereto. Afl"I~'h,Su..'lpl-af. By ~s By STATE OF MINNESOTA ss, COUNlY OF ANOKA by of under the laws of The foregoIng was ecknowledged before me this Anthony J, Emmerich Bunke<, llC, Mtnn~ota 20 day of and October 19~. ,a ijmlted liability co~any limIted liability company on behalf of the REBECCA BAUNE NOTA.F1YPUBlIC. MINNESOT" MiColl'llTli6sloo&lliresJsn.31.2005 (2Au-A"-co. 0 ell/tAr. SIGNATURE OF pe~SON TAKING ACKNOWL DGMENT AMP OF\ SEAL (OR OTHER TITLE OR RANK) THIS INSTRVMENT WAS DRAFTED BY (NAME AND ADDRESS) Tn $tNornentl fOr 11. reel property dellClfbed In 1hltlnstNmenl thouki be Mnl to (1nducIe nam. and edcrre_ of Gr8IrtANI): J Bunker, LLC, 10738 Hanson Blvd INI Coon Rapids, MN 5$133 City of Andover 1665 Cro..town BlVd, Andover, MN SSJ04. OCT 20 '9'3 0'3: 13 512 755 5311 PAGE, 02 10-20-1999 a,l0AM FROM TONY EMMERICH CONST, 6127556311 P,3 " .J FOR TRAIL AND UTILITY EASMENT PURPOSES , BLOCK 1 SHADOWBROOK FIFTH ADOmON A 25,00 foot P"'P"woI eo","ent frr iroN PlJI7>03OS "-" and C1f:rOn that part of Lots 41 and 410. Block I, SHAD,?WBROOK FlF7H ADDfTlON accordIng to the rfi:Of'ded plat thereof, Anaka County. MInnesota, 11Je centerlln"" of :l01'd easement ~ rIe$crlbed as follows: CFNWRLlNJ: .,. Commtmclng at the 6OUth'WtJSt comer of said Lot 4'; thenCrt on on o~med bearing o( North 89 degree 3D minutes 59 seconds Eos/, along the southerly lina of said Lat 41. a dlston"" of 40,79 feet; thence northeasterly Q distonctJ of 145..J3 f88t Q(Dff9 Q tal1t}MtJoJ CIJ""" concave to thtJ northWf!8t having a radius of 174.88 feet and 'a """trot ongla of 47 degrees J6 minutes 52 .econds; thence North 41 de~ 54 minutes 07 seconds East tang""t to lost dllSCribed """'" a dlstonce of 50.00 feet; thence northeasterly o dlstan"" of 96.33 feet along 0 tongenUoI otIrve conca... to the south"""t havirlg a rodlus of 2:J0.OO fest ond a centni angla of 2:J degr_ !)9 minutes 51 seconds to the point of baglnning of the /Tna to bel, d""erlbed; thonce northwesterly a distonce of 40.76 feet along a non-tangSiltlol cu"'"' concave to tha """tln.est hailing 0 radius of 600.00 feat, a centrol ongle of :J degrM 50 minutes 07 seconds and a chord that beanJ North 28 degrees 41 minutes SO seconde West to 0 point of ~ curvature; then"" northwesterly 0 distonce of 69,95 f..,t oTong 0 otI..... Concave to the northeast having 0 ",dlus of 300.00 feet and Q centrol angle of 13 dtlgreM 21 minutes J5 seconds to a point of r~vers" C<<Jl"VDture; thence northwesterly a dlstonce of 1:18.00 feet along a otIrve concalll! to the southnst ha.nng a radius of 285.00 feet and a central angle of 27 degrees 44 minutes :J8 ~econds to tJ poi"t of l"9vet"3ct cvtvGt&Jre; tIIenc.. northerly 0 distanc.. of 65,59 feet oTong a cu..... Conco... to the northeast ho.nng a radius of 80,00 feet orrd a centni angle of 46 degrees 58 minutes :J6 seconds: thence North 01 degreff 58 minutes 40 seconds Eost tangSilt to last dascribed CUrve 0 distonce of 86.18 feat; thence northerly and easterly a distance of 169.16 fe..,t dong Q tangMtlaI CUI"Ve conco\le to the southeast having a radf1Js of 95.00 feet. and 0 central angle of 102 degrees 01 minute" 24 seconds to a point of rovers. curvature: thence! eostMY a d;3t~ of 72.69 ket along a CUI'VI! conCQW to the north hom9 0 radius of 109.61 feet and a CSlltni angle of 38 degrees 00 mlnutu 00 seconds; thetlce North 68 degrees 00 minutes 04 seconds East tongSllt to last deserlbed cu..... a distance of 33.2B f....t to a point hereinoftar referred to as pornt 'A 0; thence continuing North 66 degrees 00 minutes (}.4 seconds East 0 distance of 9,2{) f..,t; thfJl?ce northeastf!lrly a dkstoncfJ of 25.76 foert Glong a tanqentiol eu"", concave to the northrti6st having 0 radfus of 80.00 feet ond a corrtrol ongle of 18 degrees 27 minutes 01 :seconds; thence North 47 degrees J3 minutes 03 sfICond~ Eo$f. tcmgMt to last described CUI'Ve a distance ,,( 32.2J feet; thence northeasterly 0 dlstonce of 29,05 feet olong " CIJ..... conc",", to the southeost ho.nng a rodlu:t of 100.00 feet and a centrol ongle of 16 degrees J8 minut"" :J8 ~ to a point of compound curvature; thence easterly ond southeasterly a distance of 262.32 feet olong 0 curve concow to the south having a radius of 785.00 feet and a ccntni ong/c of Bl degrees 14 minutes :18 secondS; thence South :J4 degrees 33 mJnutes 41 st1COf'tds East tongdt'l't to last desenbed cu,."" a dT$tOfJ(;8 of 100.24- feet; thence ,outhea:lterly a distance of 67.9:J feet along a tangenUoI otI..... concave to the southwest; hDving a radius of 2:35.00 feet and 0 centrol ong/e of 16 degrees 33 minutes 45 seconds; thence South 17 degrees ~9 minutes 56 seconds East tongent to lost described otIrve a dlstonce of 47.82 feet: thence southerly 0 distance of 101.# feet oIong a tangenUaI curve concave to tIIo west hailing a rodlu. of 710.00 "'et and 0 central angle of 52 dttgf'OeS SO minuteS 20 second:J; t:h.,,~tJ South 34 degrMS SO minlJ~ 24 seconds ~st tangent to last described curve a distance of .J5.~J feet more or Ie,., to the southerly line of soid Lot 41A and said centerline then! tmninatlng, J CENTrnt}Nt: .2- Beginning at the aforemenUoned point oA-; thence North 21 degrees 5B minutes :J6 secondo West a dlstonce of 714,96 feet; thence North 00 degrees 3D minutes 36 seconds West a distance of 141.JJ feet; thence North 10 d"P"":"'" 57 minutes, 49 seconds East 0 distance of 191,47 feet more or less to the northerly line of saId Lot 41'" ond soid l;n~ there terminotir1g. The side TInes of sold easement"", prolonged or shortened to terminate an the southerly ITnee of said Lots 41 ond 4/A ond the northerly line of sald Lot 41A. .J OCT 20 ''3'3 0'3: 14 612 755 6311 PAGE. 03 , . . , 1 T...' .1_ III II~' III II l'I,',a ~~;l' "tI~=:",,'I' "=""~l'~"illlll ,""1II1;"1I,1 ;:_:; II! II ! l i i i I ; i 1111 i i II i t i i i 1IIIII i ! n i r ~ j _c.l ~ ~)/ //, C~\ ~ ! '-' T -' U 1= 1: lL ~ - I '1 --I I--- Len h1l1 ~LL/ , ~):rr: ~- ',W -'; , ~ , =. " ~ ; :J \ ~f"\ l~ ~ _I 21......IIHf ~_~'L -?,'fiT J>--' - 11 ! <"\ \ ~ (' I c 1/ ' ,r UIi 'II I u \JCr -\ = ~ ,rH r L :::1- ~f-- ~ L__-f-- i L-..I T f"'i Ij I , i~ \'8":lIl~ I ., '\ \- ~ 'I , ~\\~ #,' 1\ ~ - 7 ~ -, "I rr:H ~ \ ~~ l ~H "'1-- f--- w 'I r-- =II :l f-- "n 11, f-- ~NJ::j III ~ )- JJJ 3~rm " ~yy ~0~ l-----., ! I , r /lrUA'fZ}# l1DnUJI/Ir lfQt1IAnllJf l1f~ArzlW mlflAnJ6 nrmAn:1W 171t11.41'Z1lfT 11st1IAnNfT 17mtAJ'l1M mIlDA""" ".,."",. mUA1t_ ~An1lfl /_nunJlff t.l1unlW InllfAntnf IffrIlAnlW IfJrrrAnN' /Uf'/rAI'ZIW 1f11/1JAJ'Z1I 1011DAnJM IflI'f1(An_ />>mAI'IN1f ISltJlAI'J:_ lS1mAl'ln IJlmAI'INJf /JSmAnNr IJf'(1fAI'IN'IT ISJI/DAr'llIW I~ArINW IS/!:tAvr_ l-r.lI UQt1f.\rUII' el' ,.m.~,. r- ..mA!'IIM t- /m1lAnllW f- l-- '"lfIArz_ 't- ,I~m"n_ I ..mAn...... '\ I Ii n I-::A\ ~ / ,-oo~ , f-- i-- , I- ! Ai ~ I TTT i , T ~ro ! //,/ :-'L , , ' i - ~ 1= 1'-- / \~~-1 ~(~~\ ~t If/Ill"''''''' !'>>!DAY1l1lfl 11fl1f.VZ_ Sll 1111/1AJ'Z1IJr ~ "'m'~"" mnfAJ'Z/6 /UnfAnlllJr /J'nfAnlW m1/DUI/6 /JJ1/DAI'I. IOi:\ City of Andover '01 Incorporated 1974 Comprehensive Plan Future Off- Road Trails Figure 6.11 LEG END Trails N Existing Off Street N Existing On Street N Short Range Off Street 2000 - 2010 Projected N Short Range On Street 2000 - 2010 Projected /tV1 Long Range I . 2010 - 2020 '/ Projected , o lat/P8'tel~d.-1esO Wrl.~ FeeI1res "\ I I ~ CityUrrits MAP SOURCES Andover Parks Andover Planning Andover GIS Anoka County GIS PlanSight, LLC, CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " / DATE: November 2.1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT Todd Haas,~( Engineering ITEM NO, ~ ,Accept Trail EasementfTimber River Estates -:x ), The City Council is requested to accept the trail easement and agreement for Lot 1, Block 1, Timber River Estates. The easement is necessary due to the fact that the original stairs and dock did not meet ADA (handicapped) requirements. Therefore, to meet those requirements and to save as many trees as possible the trail and dock will need to be moved further north, The new relocated trail is about 90% complete, If you have any questions, feel free to contact me. , / Note: The Park and Recreation Commission recommended the location of the trail. / 10/25/'3'3 15:02 LAW OFFICES 2140 4TH AVE ~ 512 755 8'323 NO. 522 G'02 I, " TRAIL EASEMENT AND AGREEMENT , J THIS INDENTURE, made this day of , 1999, by Woodland Development Corporation, a Minnesota corporation, Grantor, to the City of Andover, a municipal corporation, (Grantee). WITNESSETH: WHEREAS, Grantor is the owner in fee simple of the real estate hereinafter described. That for an in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor has this day bargained and sold, and by these presents does bargain, sell and transfer unto to Grantee, its successors and assigns the following: A, A 20.00 foot wide permanent easement for trail and fishing pier purposes over under and across Lot 7, Block 1, TIMBER RIVER ESTATES, Anoka County, Minnesota, according to the recorded plat thereof. The centerline of said easement is described as follows. I. / , Commencing at the southeast corner of said lot 7; thence South 71 degrees 55 minutes 47 seconds West, assumed bearing along the southerly line of said Lot 7, a distance of 387.53 feet to the point of beginning of the centerline to be described; thence South 88 degrees 06 minutes 40 seconds West a distance of 225 feet and said centerline there terminating. TO HAVE AND TO HOLD, said permanent easement and rights-of-way unto the City of Andover, Anoka County, Minnesota, its successors and assigns, forever. Grantor does hereby covenant with the Grantee, that it is lawfully seized and possessed of the real estate above described. IN WITNESS WHEREOF, and , the and of Woodland Development Corporation, on behalf of the corporation, have caused these presents to be executed or have set their hands the day and year first above written. By: Its: By: Its: \ / 1 OCT 26 '99 16:00 421 4213 PAGE. 02 /' , j ) -' lel/26/99 LRW OFFICES 2140 4TH RVE ~ 612 755 8923 NO. 622 [103 16:02 Sf ATE OF MINNESOTA ) ) 55. COUNlY OF ANOKA ) On this _ day of , 1999, before me, a notary public within and for said County, personally appeared and the and of Woodland Development Corporation, to me known to be the persons described in and who executed the foregoing instrument and they executed the same as their free act and deed. Notary Public NOTICE IS HEREBY GIVEN that the Minnesota. has accepted on this document. City of Andover, County of Anoka. State of . 1999. the above described easement in Dated: ,1999 CITY OF ANDOVER (SEAl) By Clerk This instrument was drafted by: William G. Hawkins 2140 Fourth Avenue North Anoka. Minnesota 55303 2 OCT 26 '99 16:01 421 4213 PAGE,03 CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " DATE: November 2.1999 , / ITEM NO, Update of School Zone Speed Study ~, ORIGINATING DEPARTMENT Scott Erickson, (//[ Engineering AGENDA SECTION Non-Discussion/Consent Item The Anoka County Commissioners will be discussing the issue of school speed zones along Hanson Blvd. at their meeting on Monday, Nov. 1, at the Anoka County Government Center. will be attending the meeting and will provide an update at the Council meeting, ; \ / CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " ) DATE: November 2. 1999 ITEM NO, Approve Change Order #1 (Compensating)/96-1/ Kelsey-Round Lake Park 6<3, ORIGINATING DEPARTMENT Scott Erickson,~( Engineering AGENDA SECTION Non-Discussion/Consent Item The City Council is requested to approve Change Order #1 (Compensating) for Project 96-1 for Kelsey-Round Lake Park, Additional work was necessary to perform soils corrections along the project. , / '\ ; '\ ,) J " / CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING CHANGE ORDER #...1.. TO PROJECT NO, 96-1, KELSEY-ROUND LAKE PARK, WHEREAS, the City of Andover has a contract for Project No. 96-1 with ACI Asphalt of Brooklvn Center, MN NOW THEREFORE, BE IT RESOLVED by the City Council of Andover to hereby approve the change order to Project No, 96-1. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 2nd day of November ,19.Jill.., with Council members voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was passed. CITY OF ANDOVER ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk 1 J CHANGE ORDER CITY OF ANDOVER Andover, MN October 25 ,19~, Change Order No.~ (compensating) To ACI Construction. Inc, For Proiect 96-1 Kelsev-Round Lake Park For City of Andover You are hereby directed to make the following change to your contract dated October 26 , 19~. The change and the work affected thereby is subject to all contract stipulations and covenants. This change order will (increase) (decrease) (no change) the contract sum by Thirty nine thousand sixty-seven and 91/100 Dollars ($39,067,91) This change order provides for the following extra work: I,ITEM CONTRACT QTY TO UNIT AMOUNT ( NO. DESCRIPTION QTY UNIT DATE CHANGE PRICE TO DATE 1 Mobilization 1.00 LS 1 0 $250,00 $250.00 2 Clearing 30,00 TREE 30,00 0 $35,00 $1,050.00 3 Grubbing 0,5 AC 0.5 0 $800.00 $400.00 4 Common Excavation (P) 977,00 CY 1713.7 736.7 $5.25 $8,996.93 5 Muck Excavation (P) 682,00 CY 682 0 $7,85 $5,353.70 6 Granular Borrow(LV) 1,146.00 CY 2700.3 1554.3 $8.00 $21,602.40 7 Sodding 277.00 SY 264,5 -12,5 $3.00 $793.50 8 Seed/Mulch Type 700 Mix 3.40 AC 3.4 0 $980.00 $3,332.00 9 Straw Erosion Blanket w/Seed 50.00 SY 100 50 $9.50 $950.00 10 RemovelDisp. Bit. 32.00 SY 20 -12 $7,00 $140,00 11 Rip-Rap Class II w/Geotextile Fabric 10.00 CY 14.18 4,18 $80.00 $1,134.40 12 15" RCP Class 5 Storm Sewer Pipe 16,00 LF 16 0 $55,00 $880.00 13 18" RCP Arch Class 5 Storm Sewer Pipe 38,00 LF 46 8+$100 $75.00 $3,550.00 14 15" RCP Apron wrTrash Guard 2.00 EA 2 0 $750,00 $1,500.00 15 18" Arch RCP Apron wrTrash Guard 8,00 EA 8 0 $750.00 $6,000.00 16 Bit. Wear Mn/Dot Spec. 2331 Type 41A 1000,0 TN 997.6 -2.4 $33,00 $32,920,80 17 Aggregate Base Class 5 1870.0 TN 3600.21 1730.21 $13.00 $46,802,73 18 Stabilization Fabric Type 5 316.0 SY 0 -316 $1.00 $0,00 19 Silt Fence Install/Remove 1300.0 LF 1164 -136 $2.35 $2,735.40 20 Bale Checks 10,0 EA 0 -10 $40.00 $0.00 .~ 21 Tree Protection Fence 1253 LF 1253 0 $2,25 $2,819.25 / TOTAL 1$141,211.11. . , \ , , / OCT 26 '99 13:05 FR CITY OF ANDOJER ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO.1 Approval City of Andover Owner By City Engineer Date \ ,; 612 755 8923 TO 5375577 P.04/e5 $102.143.20 $39,067.91 Approval ACI Construction, Inc, Contractor By j)~ h I a /1J-2'i' 71 ~ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION '\ " ) DATE: November 2.1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINATING DEPARTMENT , Scott Erickso~ Engineering ITEM NO, Approve Final PaymenU96-1/ Kelsey-Round Lake Park aq, The City Council is requested to approve the resolution accepting work and directing final payment for Project 96-1, Kelsey-Round Lake Park. \ / \ " , j \ ) I CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING WORK AND DIRECTING FINAL PAYMENT TO ACI ASPHALT FOR PROJECT NO, 96-1 FOR THE IMPROVEMENT OF KELSEY-ROUND LAKE PARK. WHEREAS, pursuant to a written contract signed with the City of Andover on Mav 4, 1999, ACI Asphalt of Brooklvn Center. MN ,has satisfactorily completed the construction in accordance with such contract. NOW THEREFORE, BE IT RESOLVED by the City Council of Andover, Minnesota that the work completed is hereby accepted and approved; and BE IT FURTHER RESOLVED that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment, reimbursing the contractor's receipt in full. MOTION seconded by Councilmember and adopted by the City Council at a reqular meeting this 2nd day of November ,19.Jill.., with Councilmembers voting in favor of the resolution, and Council members voting against, whereupon said resolution was passed, CITY OF ANDOVER ATTEST: J.E, McKelvey - Mayor Victoria Volk - City Clerk OCT 26 '99 13:es FR CITY OF ANDOVER 612 7SS 8923 TO S37SS77 p.e2/es CITY OF ANDOVER FINAL PAYMENT ., , Estimate No. 4 (Finan Period Ending 10126/99 Sheet -1-- of ~ Project 96-1. Kelsey-Round Lake Park Original Contract Amount $ 102.143.20 Location Andover Contractor ACI AsDhalt $ 102,143.20 Total Contract Work Completed (See Compensating Change Order #1) $ 141.211.11 Total Approved Extra Work Amount Completed $ Total Amount Earned This Estimate $ 000 141.211.11 Less Approved Credits $ 0.00 " Less i Percent Retained $ 0.00 / Less Previous Payments $ 113.798.59 Total Deductions Retainage Released Amount Due This Estimate $ 113.798.59 $ 0.00 $ 27.412.52 J, j)",-~ fl-{J~ Contractor Date 10 - 21..: ~ 7' agree to the above estimate. Asst. City Engineer Date Received payment in full of above estimate in the amount of $ 27.412.52 Contractor Date ../ CITY OF ANDOVER REQUEST FOR COUNCIL ACTION " , ./ DATE: November 2.1999 AGENDA SECTION Non-Discussion/Consent Item ITEM NO. Declare Costs/Order Assessment Roll/ 97-26A1Hamilton Square/Storm Water cXb, ORIGINA TING DEPARTMENT Scott Erickson~ Engineering The City Council is requested to approve the resolution declaring cost and directing preparation of assessment roll for the improvement of storm sewer construction for Project 97- 26A, Hamilton Square. The total project cost will be $29,387.36. $18,850.00 was previously assessed under Project 97-26. Therefore, $10,537.36 will be assessed under Project 97-26A and assessed to Lot 1, Block 2, Hamilton Square. ", , J \ J "- ,) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST AND DIRECTING PREPARATION OF ASSESSMENT ROLL FOR THE IMPROVEMENT OF STORM SEWER FOR PROJECT 97-26A. HAMILTON SQUARE. THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, the expenses incurred or to be incurred in the making of such improvement amount to $ 29.387.36 so that the total cost of the improvement will be $29.387.36. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Andover, MN: 1. The portion of the cost of such improvement to be paid by Project #97-26 is hereby declared to be $ 29.387.36 less the amount previously paid $18.850.50 the amount to be assessed against benefited property owners is declared to be $10.537.36 2. Such assessments shall be payable in equal annual installments extending over a period of 10 years. The first of the installments to be payable on or before the 1 st Monday in January, 2000, and shall bear interest at the rate of 6 percent per annum from ) the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and she shall file a copy of such proposed assessment in her office for public inspection. 4. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 2nd day of November, 19--1liL, with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER A nEST: J.E. McKelvey - Mayor "- ./ Victoria Volk - City Clerk e0'3~l:Jd e~S8 9.!..17 e't9 917:17't 66. 8e lJO ANDOVER SPECIAL ASSESSMENT PROJECT NAME: Hamilton Sauare / FEASIBILITY STUDY: DATE May 25,1999 CONTRACT AWARD: DATE June 7, 1999 (AS CHANGE ORDER TO CHESTERTON COMMONS 2ND ADDITION) FINAL CONTRACT COST: Engineering $ Aerial Mapping (1 % of street) $ Drainage Plan (0.3% ofstreetlstonn) $ Administration (3%) $ Assessing (1%) Invoice $ Bonding (0.5%) $ Legal & Easement $ Advertising $ City Expenses (includes full-time inspection) $ Testing: $ $ Oili~: $ Construction Int~est (6.0%) 617/99 to 10/7/99 = 4 months $ I TOTAL EXPENSES: (% of Final Contract Cost = 35.0907) TOTAL PROJECT COST: Trunk Source and Storage: Watermain: Connection Charge $ Area Charge $ Lateral Charge $ PROJECT NO.: 97-26A Construction Amount: $ 29,000.00 Construction Amount: $ 22,707.80 Final Construction Amount: $ 21.753.80 3.154.30 (See Table A) 0.00 65.26 652.61 217.54 108.77 0.00 0.00 3,000.00 0.00 0.00 0.00 435.08 +$ 7,633.56 = $ 29,387.36 0.00 (0.00 Units @ $ 0.00 *(0.00 Acres @ $ 0.00 (0.00 LF @ $ 0.00) 0.00) 0.00) Sanitary Sewer: COlUlection Charge $ 0.00 (0.00 Units @ $ 0.00) Area Charge $ 0.00 *(0.00 Acres @ $ 0.00) Latml Charge $ 0.00 (0.00 LF @ $ 0.00) Stonn Sewer: Area Charge $ 0.00 (0.00 Acres @ $ 0.00) *Watennain and sanitary sewer connection charges to be collected when building pennits are obtained, and are not part of this assessment. TOTAL TRUNK SOURCE AND STORAGE Previously assessed Hamilton Square Share: $14,500.00 x 1.3 for extension of stonn sewer to east side of Hanson Blvd. N.W. Subtotal \ / TOTAL TO BE ASSESSED Current Assessment per Lot: $10,537.36 Feasibility Study: Date May 25,1999 v/Z 'J 9091 'ON + $ 0.00 $ $ $ 18,850.00 18,850.00 10537.36 Amount $ 19,280.00/lot SOO~ ~NV~j SallOJJli IWv: Z 6661 '8Z '130 m'3~l:Jd e~S8 9.!..17 e't9 917:17't 66. 8e lJO STORM SEWER J A. Final COnstruction Cost $ 21,753.80 B. Expenses (35.0907%) + $ 7,633.56 C. Subtotal- Storm Sewer $ 29,387.36 D. Minus Hamilton Square share: including expenses ($14,500.00 x 1.3) for future storm sewer extension - $ 18,850.00 E. Total- Stonn Sewer $ 10.537.36 F. Assessable $10,537.36/1ot $ 10.537.36/10t Table A Hamilton Square Share of Storm Sewer Extension , ) Extension of storm sewer north from manhole STM -14 (stub Y) to east of Hanson Boulevard N. W. Item No. Description Quantity Unit Price Amount A. IS" RCP Class 5 Storm Sewer 834 $ 18.20 $15,178.80 B. IS" RC Flared End Section w/TG I $ 505.00 $ 505.00 C. 4' Dia. Storm Sewer Manhole 4 $ 1,200.00 $ 4,800.00 D. Silt Fence 50 $ 1.90 $ 95.00 E. Handplaced Riprap 15 $ 56.00 $ 840.00 F. Connect to Existing Storm Sewer I $ 250.00 $ 250.00 G. Seeding (Mix No. 900) and Mulch 0.1 $ 500.00 $ 50.00 H. Wood Fiber Blanket 25 $ IAO $ 35.00 TOTAL $21,753.80 HAMILTON SQUARE SHARE-IOO% TOTAL $21,753.80 \ I tiE 'd 9091 'oN SOO~ ~NV~j saWO:J:JH Wd2t: 2 6661 '82 'PO v0'3~l:Jd . e~S8 9.!..17 c't9 .!..17:17't 66. 8e lJO CITY OF ANDOVER REQUEST FOR COUNCIL ACTION I \.- _/ DATE: November 2.1999 AGENDA SECTION Non-Discussion/Consent Item ITEM NO. Receive Assessment Roll/Order Public Hearing/ 97-26A1Hamilton Square ORIGINATING DEPARTMENT Scott Erickson, rJ< Engineering d~. The City Council is requested to approve the resolution for hearing on proposed assessment for the improvement for Project 97-26A, Hamilton Square. \ / \ \ J CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA , / RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF PROJECT NO. 97-26A, HAMILTON SQUARE. WHEREAS, by a resolution passed by the City Council on October 5, 1999, the City Clerk was directed to prepare a proposed assessment of the cost of improvements for Project No. 98-32. WHEREAS, the Clerk has notified the Council that such proposed assessments has been completed and filed in her office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: \ I 1. A hearing shall be held the 7th day of December, 19~in the City Hall at 7:00 PM to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of improvements. She shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged of the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interested will be charged through December 31 of the succeeding year. MOTION seconded by Councilmember and adopted by the City Council at a reQular meeting this 2nd day of November ,19~, with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. voting CITY OF ANDOVER '\ \ J ATTEST: J.E. McKelvey - Mayor Victoria Volk - City Clerk CITY OF ANDOVER REQUEST FOR COUNCIL ACTION , / DATE: November 2. 1999 AGENDA SECTION Non-Discussion/Consent Item ORIGINA TING DEPARTMENT Scott Erickson,~L Engineering ITEM NO. Approve Adjustment to GIS Range Rider Contract -:9'1 . The City Council is requested to authorize additional hours for our GIS Range Rider Contract for the year 2000. Our GIS consultant, PlanSight, has been working under a contract with our tri-city group (Andover, Fridley and Columbia Heights) to provide GIS services for each city. The current program is working very well. With the addition of our new utility software, we would recommend budgeting for some additional hours to assist us with the GIS end of this project. Our current contract budgets for approximately 650 hrs of service for the year. The current funding is from the Drainage and Mapping fund (not the general fund). If authorized, the budgeted hours would increase from \ 653 hrs/yr to 987 hrs/yr. with the additional budgeted hours allocated to the trunk water and / sewer funds. An additional $9,000.00 would be budgeted. The additional time would be dedicated to the further development of the GIS end of the city's utility system. , " '\ \ .' ~ M 10: 1,:1(;1<\; ,Ii ~ IX: ~H[= ~ ~ irl:'. ie:' ~ '.,: >- !eV "' ~ ~ ~ :' .. ~:"o,": ,: I;> ~ ';;' 0 I... . .... .,' I; I~: "! I~. . . ..1.;- 8 'I' .....' l i~ ~ ~ 0 ~ ~ ~ i. ~ ~ ~ I;. ~ ~ ~ ,',~',V"5 .,. .';. ..... ';".''::.", ~I~ ~,~ H I~~l m'~m:~~~ S~~jt ooco ~;.Q)oo i~.~OCOCO ~, ~:I;,:: -;:',;",,:,~', ;;; '0 >- ~Y N li: . ~ ~ >- ': 0.;. ;; ..; ~' ~~~ o N (() co :t: "I7N..- )'- o ',' ~ ,! '.: ~ ". u:: ~ " o ::t: :J .r: >- ~~i ir ~ li: ~\,~ ~ >- ,-<,. >~-':l.- 13 -~E~~ 11_",' ;:,,, lk% ~'~:888 ~ ~t:~ cO cO 0 ~~ NML' _ .. ~~I-~ ~ ... ... ... .. ,. . I _N ~~ ~~ I : I . jMIM M 10::10:::: 0:: 0:10::: e::: I I CD ... . 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C!: C"') M M .~'l{ OMMM 'd~'" '" '" '" '<-....~ CD CD co CD m:;:;... !:~': - '- CI) >- -5 ~ t~ I- -g OQi it <(::t: .. :0 E :J '0 o ~ GO Gi~ " :' C2 & '- ~ GO 0: ~ :31l!'~ .. u:.. " 1I~ iij':!E j ~"1i .~ 8'~ .' '- fD '- ': CL en a.. II " II - NM . a:::: a:::: 0::: I ~ ~~ .,. .1Jt5f1.f1.f1. 001/)1/) :="'M_ -,..;0., ).;-'" 0,....,....,.... C!:cococo ~~~m fJmmm -'-CI)>- ftlfD_CD O~-&:O I- "'D 0- "t: "GO... <(::t: .. :0 E :J '0 o DATE November 2, 1999 Drl3iN ITEMS GIVEN TO THE CITY COUNCIL . Park and Recreation Minutes - October 7, 1999 . Special City Council Minutes - October 12, 1999 . City Council Minutes - October 19, 1999 . Park and Recreation Minutes - October 21, 1999 . Ord. No. 203(A) . Ord. No. 229C . Schedule of Bills PLEASE ADDRESS THESE ITEMS AT THIS THE NEXT AGENDA. THANKYOU. i' " CITY OF ANDOVER REQUEST FOR COUNCIL ACTION Date November 2,1999 AGENDA SECTION Approval of Claims ORIGINATING DEPARTMENT Finance Shirley Clinton ~ lITEM NO. Schedule of Bills REQUEST: The Andover City Council is requested to approve total claims in the amount of$ 435,210.69. BACKGROUND: Claims totaling $ 103,934.78 on disbursement edit list #1 dated 10/26/99 have been issued and released. Claims totaling $ 331,275.91 on disbursement edit list #2 dated 11/02/99 will be issued and released upon Council approval. Date: 11/02/99 Approved By: ., "'01 . . . . . . "0 . . >'" . ~ 00. . ,,'" . ~Ol . 1; . . . . "U . . 0 . -J.; 0 . ,"0 . ... . O. ...". . . Uo . . ~ . . .- . "'''' . . H 0 00 . " . 0..... "'.. . . U 0"' . . ,.,,., . . '" . 00 . . . . ... .~ . . 1J O~ . . . . . . ,~ 0 . . . . '" ,., . . . . ., . . '" . . !5 H . 0'I0'I11I11I'" o.~ . . ., ,., . . '" . 0\0\0'10\'" H . . . " . .... . . U .... . ................................... m . '" ,- . . m 0. ., . . , '" . \0\0\,0\0'" ~ .... . . N 'U 0 . . , .... . NNNN'" 0 tf.ltl}tf.ltf.lt1t1l OZ . . . .... E-oE-<E-<E-oE-oE-o:'::::'::::'::: '" .... . . ZZZz:ZZUUU , . .............................. 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'" H " "' ~ N H ~ ~ '" " u ., x u ~ '" Z ., " '" ::> .., '" H " "' ~ N H ~ ~ ., " :i! '" .., :2 g " " fJ " ~ 0, '" o .. " ., 1; '" 0, 0, '" " ~ a ., :< ., H ~ '" ., ~ ., .., ~ ;;: 0, ., .., .., H '" .. o " ., H .., " Z H " ., u '" '" 0, '" x " ,. '" " ., 1; '" 0, 0, 0( ., " '" a . Petition regarding the telecommunications tower We the people of Creekridge Estates and surrounding area residents are against the proposed Special use permit for a 150' tall, wireless telec{)mmunications tower; to be located in our neighborhood. , i Decrease in Property Value '1-(':' I .....) /,i ~_ '/ ~--------- 'tf The Tower poses Potential: C_llealth hazards to our families Reception interference to TVs, radio, telephones and baby monitors due to its closeness. ---------.-- Environmental hazards The majority of the people are just disgusted by the general appearance and the effect it will have on the overall view they have noW of there backyards or front yards. It is all natural and people enjoy watching the wildlife and the scenery. Many called before purchasing their property to see about the field and told it was a 100 yearflood plain and nothing would be done with it. Which is one of the reasons a lot of people picked this area to live. We the affected surrounding residents wish the Zoning/City Councils to consider the peoples' concerns and vote against the special use permit. [~ ---- /" ;-CD ~ :9 q --.::::, Address / Name ;; () <;.\. /fI,LJ llt '5 lit ". i? .,., ~ (/ ~ 'n ~-' ~ ~S ~ 0;-1 , ~ ca"\ qo i_ 92 q ~ 'IS ' 'It" ql\ 9g ~ ICO -r 101 101. \03 \D~ \(:8 \c'f \~., \\0 \\ , \\1. /i r. ( (:.." 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Tov'I(J( SirJr~gOf:cfsi()n The Fourth Circuit has issued an important control the placement of cellular towers. upholding local authority to Among other things, the decision, issued in a case involving the City of Virginia Beach and AT&T Wireless PCS and several other wireless providers, concludes: 1. cities need not issue detailed written decisions in order to support a decision to deny construction of a tower; 2. a decision to deny a request for permission to construct a tower can be based on the complaints of ordinary citizens that the tower will damage the neighborhood; 3. denial of a tower siting request is not inherently discriminatory; and 4. provisions of the Telecommunications Act which state that a city may not enact laws prohibiting the provision of cellular services do not prevent a city from denying individual applications for approval of a siting request. The City was represented on the appeal by the City of Virginia Beach Office of the City Attorney, and by Miller & Van Eaton, P.L.L.C. The decision is important because cellular providers have argued that cities cannot deny tower siting requests based solely on citizen complaints (at least where the company submits expert testimony that the tower siting will not hann the community). Some companies also have argued that cities must issue detailed findings of fact and law to support any siting decision. As the industry is well aware -- and as the Fourth Circuit recognized - adopting the industry position effectively eviscerates and substantially and unfairly complicates the local zoning process. Hence the Fourth Circuit rejected those positions and reversed a lower court decision that had adopted them. Particularly noteworthy is the Fourth Circuit's recognition of the importance of the input of ordinary citizens: "The record here consists of appellees' application, the Planning Department's report, transcripts of hearings before the Planning Commission and the City Council, numerous petitions opposing the application, a petition supporting the application, and letters to members of the Council both for and against. Appellees correctly point out that both the Planning Department and the Planning Commission recommended approval. In addition, appellees of course had numerous experts touting both the necessity and the minimal impact of towers at the Church. Such evidence surely would have justified a reasonable " legislator in voting to approve the application, and may even amount to a preponderance of the evidence in favor of the application, but the repeated and wide-spread opposition of a majority of the citizens of Virginia Beach who voiced their views at the Planning Commission hearing, through petitions, through letters, and at the City Council meeting -- amounts to far more than a 'mere scintilla' of evidence to persuade a reasonable mind to oppose the application. Indeed, we should wonder at a legislator who ignored such opposition. In all cases of this sort, those seeking to build will come armed with exhibits, experts, and evaluations. Appellees, by urging us to hold that such a predictable barrage mandates that local governments approve applications, effectively demand that we interpret the Act so as always to thwart average, non-expert citizens; that is, to thwart democracy. The district court dismissed citizen opposition as "generalized concerns." 979 F. Supp. at 430. Congress, in refusing to abolish local authority over zoning of personal wireless services, categorically rejected this scornful approach. " , '-f For more information on the decision, call Bill Malone or Joe Van Eaton at 202-785- 0600. The material on this web site does not constitute legal advice or establish an attorney client relationship. This infonnation is offered in order to provide a starting point for your further investigation and should not be relied upon as legal advice. Each particular situation will be factually unique. You should consult an attorney if you wish to detennine your rights and obligations under applicable law. Miller & Van Eaton, P.L.L.C. All Rights Reserved / (0 Copyright 1998 '>-;'}l)>( UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-2389 AT&T WIRELESS PCS, rNCORPORA TED; PRIMECO PERSONAL COMMUNICATIONS, L.P.; L YNNHA VEN UNITED METHODIST CHURCH, P lainti frs- A ppe Ilees. v. CITY COUNCIL OF THE CITY OF VIRGrNIA BEACH, Defendant-Appellant. VIRGrNIA ASSOCIATION OF COUNTIES, Amicus Curiae. No. 97-2513 AT&T WIRELESS PCS, rNCORPORA TED; PRIMECO PERSONAL COMMUNICATIONS, L.P.; L YNNHA VEN UNITED METHODIST CHURCH, P lainti frs- A ppe llants. v. CITY COUNCIL OF THE CITY OF VIRGrNlA BEACH, Defendant-Appellee. VIRGrNIA ASSOCIATION OF COUNTIES, Amicus Curiae. Appeals from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-97-39 1-2) Argued: June 2,1998 Decided: September I, 1998 Before WILKrNS and LUTTIG, Circuit Judges, and FABER, United States District Judge for the Southern District of West Virginia, sitting by designation. Reversed in part and affirmed in part by published opinion. Judge Luttig wrote the opinion, in which Judge Wilkins and Judge Faber joined. COUNSEL ARGUED: Lawrence Steven Emmert, Senior Assistant City Attorney, OFFICE OF THE CITY A TIORNEY, Virginia Beach, Virginia, for Appellant. F. Bradford Stillman, MCGUIRE, WOODS, BATTLE & BOOTHE, Norfolk, Virginia, for Appellees. ON BRIEF: William M. Macali, Deputy City Attorney, OFFICE OF THE CITY ATTORNEY, Virginia Beach, Virginia; William R. Malone, MILLER & V AN EATON, P.L.L.C., Washington, D.C., for Appellant. William G. Broaddus, Robert W. McFarland, Douglas E. Miller, MCGUIRE, WOODS, BATTLE & BOOTHE. Norfolk. Virginia; R. Edward Bourdon. Jr., SYKES. CARNES, BOURDON & AHERN, P.C., Virginia Beach, Virginia, for Appellees. Howard W. Dobbins, Elizabeth P. Mason, WILLIAMS, MULLEN, CHRISTIAN & DOBBINS, Richmond, Virginia, for Amicus Curiae. OPINION LUTTIG, Circuit Judge: This case arises under the federal Telecommunications Act of 1996. The district court ordered appellant, the City Council of Virginia Beach, Virginia, to approve appellees' application to erect communications towers in a residential area of Virginia Beach, holding that the City Council violated section 704(c)(7)(B) of the Telecom- munications Act by denying the application. We hold that the City Council did not violate section 704(c)(7)(B), and therefore we reverse the judgment of the district court. I. On March 25,1997, the City Council of Virginia Beach ("City Council") voted unanimously to deny the application of appellees AT&T Wireless PCS ("AT&T") and PrimeCo Personal Communications ("PrimeCo"), and others, for a conditional use permit to erect two 135-foot communications towers at the Lynnhaven Methodist Church ("Church") in the Little Neck Peninsula area of Virginia Beach. Little Neck is a heavily wooded residential area with no significant commercial development, no commercial antenna towers, and no above-ground power lines. Little Neck is zoned R-20 Residential under the Virginia Beach Zoning Ordinance, a classification that aims to "provide for harmonious neighborhoods located as to create compatibility and to provide for certain other necessary and related uses within residential communities but limited so as to maintain neighborhood compatibility." The City Council's vote concluded a months-long effort by appellees to secure a location for towers in Little Neck. AT&T and PrimeCo both offer digital wireless personal communications services in the Virginia Beach area. Digital service is considered an advance over analog service. Like analog service, it relies on overlapping "cells," each centered on a communications tower. However, because digital signals are weaker than analog signals, and because of the thick tree cover in Little Neck, AT&T and PrimeCo found that their Virginia Beach service had a "hole" in portions of Little Neck. Aided by City staff, they investigated several possible tower sites in Little Neck and concluded that the Church's property was the most desirable. They therefore entered into leases with the Church allowing them, in exchange for approximately $60,000 annual rent, to construct, maintain, and operate two 135-foot communications towers on the Church's property. Besides carrying digital signals, the towers were also to provide analog signals for GTE Mobile Net and 3600 Communications (not parties to this case), who also sought to enhance their service in Little Neck. Each tower would serve one analog and one digital provider. Virginia Beach's Zoning Ordinance required the Church to secure a conditional use permit to allow AT&T and PrimeCo to build their towers. Accordingly, the Church filed an application with the City Planning Department, which, after making some modifications to appellees' proposal, recommended approval to the City Planning Commission. The Planning Commission then held a public hearing on January 8, 1997. Representatives of the companies and of the Church advocated approving the application, as did some commissioners and city officials, but numerous area residents spoke against approval, largely on the grounds that such a commercial use of the Church property was improper in a residential area and that the towers, even with various aesthetic modifications made by the companies, would be eyesores. One resident submitted a petition in opposition, with ninety signatures that he had collected in the day and a half prior to the hearing. At the conclusion of the hearing, the Planning Commission voted unanimously, with one abstention, to recommend that the City Council approve the application. The City Council considered the application at its meeting on March 25, 1997. Having been provided with copies of the Planning Department's report, the transcript of the Planning Commission hearing, and the various application materials, the City Council also heard further testimony on the matter. Again, representatives of the compa- nies and of the Church explained and supported the application; numerous area residents spoke, all of those not affiliated with the Church being opposed. One resident, Mr. Wayne Shank, presented petitions with over seven hundred signatures in opposition. The Council also appears to have had before it one shorter petition supporting the application and various letters to councilmen on the matter, both in support and in opposition. The only councilman to speak on the merits, Councilman William Harrison (who represents Little Neck), voiced his opposition in light of the testimony of area residents who did not think that improved service was worth the burden of having the towers looming over them. The Council ultimately voted unanimously to deny the application, a decision recorded both in a two-page summary of the minutes -- describing the application, listing the names and views of all who testified at the hearing, and recording the votes of each councilman -- and in a letter from the Planning Commission to the City Council describing the application and stamped with the word"DENIED" and the date of the City Council's vote. Consistent with its usual practice, the Council did not generate written findings of fact concerning its vote, nor did it produce a written explanation of the basis for its vote. In response to the denial, AT&T, PrimeCo, and the Church initiated this suit in federal district court in the Eastern District of Virginia. For the reasons we discuss below, the district court ordered the City Council to approve the application. II. Section 704(c)(7) of the Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56, codified at 47 U.S.C.g 332(c)(7), entitled "Preservation of local zoning authority," provides in relevant part as follows: (A) General Authoritv Except as provided in this paragraph, nothing in this chapter shall limit or affect the authority of a State or local govemment or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. (B) Limitations (i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof- (I) shall not unreasonably discriminate among providers of functionally equivalent services; and (II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services. (iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modifY personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. Section (B)(v)I creates a cause of action for suits such as this one, if filed within thirty days of a State or local government's final action. AT&T and PrimeCo contend that the City Council, in denying the request for a conditional use permit, violated both subsections of (B)(i) as well as (B)(iii). The district court, ruling on cross- motions for summary judgment, held that the City Council (I) had unreasonably discriminated against appellees, in violation of subsection (B)(i)(I), (2) had not violated subsection (B)(i)(II)'s bar on prohibiting service, and (3) had failed to provide a "decision. . . in writing and supported by substantial evidence contained in a written record" in violation of section (B)(iii). 979 F. Supp. 416, 426-30 (E.D. Va. 1997). The court then ordered the City Council to approve the application.2 Id. at 431. For the reasons that follow, we reverse the district court's first holding, affirm the second, and reverse the third. There being no remaining material issues offact, we order summary judgment in favor of the City Council on all three claims. III. The parties disagree vehemently as to the meaning of subsection (B)(i)(I)'s prohibition on "unreasonably discriminat[ing] among providers of functionally equivalent services." Appellant City Council would have us read into this language the traditional lenient standard I For the sake of simplicity and clarity, this opinion refers to the immediate subdivisions of section 704(c)(7)(B) as "section" and to the further subdivisions of section 704(c)(7)(B)(i) as "subsection," and also generally omits "704(c)(7)." Thus. "section (B)(iii)" and "subsection (B)(i)(I)." 2 The City Council complied with this order sometime in October, 1997, following the district court's denial, on October 14, of a motion for stay pending appeal. The record does not reveal whether the towers have been built. for reviewing local zoning decisions under the Due Process and Equal Protection Clauses. See Villa(!e of Euclid v. Ambler Realty Co., 272 U.S. 365,388 (1926); Villa(!e of Belle Terre v. Bornas. 416 U.S. 1,5-8 (1974). Appellees AT&T and PrimeCo, on the other hand, argue that the City Council's approach would reduce subsection (B)(i)(I) to superfluity. They appear to suggest that we somehow borrow from other federal laws using the word "discriminate." Thus, they cite Town ofHuntimtton v. Huntincton Branch NAACP. 488 U.S. 15 (1988), a case under the Fair Housing Act, although the Court in Huntincton explicitly did not reach the question of the proper test for determining discrimination under that law. IQ... at 18. They also cite a case applying a regulation imposing the affirmative duty to "reasonably accommodate" certain interests, see Pentel v. MendOla Heicllts, 13 F.3d 1261, 1263-64 (8th Cir. 1994), although subsection (B)(i)(1) imposes only a negative duty. They do not explain how either the disparate impact test they suggest with their cite to Huntincton or the approach used in Pentel might carry over to the Telecommunications Act. We need not resolve this dispute, however. First, we seriously doubt that the City Council discriminated at all "among providers of functionally equivalent services," much less"unreasonably." While AT&T and PrimeCo provide digital service, two providers of analog service, GTE Mobile Net and 3600 Communications, joined their application. Thus we are asked to believe that the City Council "discriminated" by denying an application involving both forms of wireless service and all four companies that offer wireless service in the Virginia Beach market. See I.A. at 92 (suggesting that these four companies are the only ones in the Virginia Beach market). This is dubious at best. Second, even assuming that the City Council discriminated, it did not do so "unreasonably," under any possible interpretation of that word as used in subsection (B)(i)(1). We begin by emphasizing the obvious point that the Act explicitly contemplates that some discrimination "among providers of functionally equivalent services" is allowed. Any discrimination need only be reasonable. See 979 F. Supp. at 425 ("The fact that a decision has the effect of favoring one competitor, in and of itself, is not actionable. "). There is no evidence that the City Council had any intent to favor one company or form of service over another. In addition, the evidence shows that opposition to the application rested on traditional bases of zoning regulation: preserving the character of the neighborhood and avoiding aesthetic blight. If such behavior is unreasonable, then nearly every denial of an application such as this will violate the Act, an obviously absurd result.3 In finding to the contrary, the district court both adopted a cramped view of "the record" and misinterpreted the remarks of the one councilman to speak concerning the application. First, the district court wrongly restricted its analysis of the basis for the City Council's decision to a single statement of Councilman Harrison at the March 25 hearing. This ignores ample testimony from citizens at both the Planning Commission and City Council hearings demonstrating concerns over both the aesthetics of the towers and their incompatibility with the residential character of Little Neck. At the Planning Commission hearing, Mr. William Perdue objected to the towers as "an encroach- ment of development of commercial property" into "a pure residential area" and as "an unsightly thing." He dismissed appellees' claims that the towers would be concealed by foliage, pointing out that a good portion of the year there would be no tree cover. I.A. at 67-68. See id. at 74 (Mr. Larnett, making the same point). He added that resi- dents of Little Neck had "fought hard to preserve the beauty of our community and the nature around us." I.A. at 68. Several other area residents objected on similar grounds. Similar sentiments emerged at the City Council's March 25, 1997 meeting. See J .A. at 104 (Mr. Alcaraz expressing concern over towers 3 We note that the Conference Report, cited by the district court and both sides to this case, supports this view. It condemns decisions that "unreasonably favor one competitor over another" but emphasizes the conferees' intent that the discrimination c1ause"will provide localities with the flexibility to treat facilities that create different visual, aesthetic, or safety concerns differently to the extent permitted under generally applicable zoning requirements even if those facilities provide functionally equivalent services." H.R. Cont: Rep. No, 104-458, 104th Cong., 2d. Sess. 208, reprinted in 1996 U.S. Code Congo & Admin. News 124,222, 1996 WL 46795, *469. "in a residential environment" and Mr. Shank stating that "[t]he proper place for telecommunication towers is an industrial or com- mercial area" and referring to the towers as "unsightly"). A representative of a local community group covering 425 homes testified to his opposition on the grounds that the towers would be"visual pollution" and "unsightly," notwithstanding appellees' efforts to soften their impact. I.A. at 105 (Mr. Haven). The above evidence is more than enough to demonstrate the real, and surely reasonable, concerns animating the democratically elected City Council's "discrimination." None of those who testified suggested any ill will toward appellees, nor did any of them demonstrate dislike for digital service as opposed to analog. On the contrary, they hoped that towers might be located in a nearby commercial zone. See I.A. at 69, 75. Second, the COmments of Councilman Harrison strengthen this conclusion. While the district court accurately noted that Mr. Harrison observed that residents of Little Neck seemed satisfied with current wireless service, the court overlooked that on every occasion in which he did so it was in the context of weighing the need for the towers against his constituents' legitimate concerns. See I.A. at 101 ("[W]hat I'm hearing is a large majority of people that say.. . I'd rather have [just analog service] than have a tower."); id. at 107 ("[W]e have to weigh the burdens placed on the community by the Applicant versus the benefit to be gained for the overall community. . . . [T]he burden[s] on the community, as evidenced by the speakers against this Application tonight are clear, yet the benefits. . . are not. "). Finally, we note that in most of the other cases in which district courts have found unreasonable discrimination under the Act, the facility at issue was proposed either for an area zoned for commercial use or for a location where other ' towers or similar Structures already existed, in contrast to the Little Neck area, which is residential and has no commercial towers. See, M" Smart SMR of New York. Inc. v. Zoning Comm'n of the Town of Stratford, 995 F. Supp. 52, 64 (D. Conn. 1998) (existing towers); Sprint Spectrum L.P. v. Town ofFarmimrton, 1997 WL 631104, *3 (D. Conn.) (site"already contains five larger and taller lattice-type radio towers with guy wires"); Western PCS II Com. v. Extraterritorial Zoning Auth. of the City and County of Santa Fe, 957 F. Supp. 1230, 1237 (D. N.M. 1997) (tower to be next to water tank and not to exceed its height); BellSouth Mobility Inc. v. Gwinnett County, 944 F. Supp. 923, 924 (N.D. Ga. 1996) (area zoned commercial). IV. The district court, relying chiefly on the Conference Report to the Act,4 held that subsection (B)(i)(II), which mandates that a State's regulation of wireless services "shall not prohibit or have the effect of prohibiting the provision of personal wireless services," only applies to "blanket prohibitions" and "general bans or policies," not to individual zoning decisions. 979 F. Supp. at 426, 427. Although appellees justifiably chide the district court for adopting the "legislative history first" method of statutory interpretation, we reach the same conclusion even without relying on the legislative history. Since appellees do not contend that the City Council has adopted any blan- ket ban, we affirm the district court's holding on this point. First, any reading of subsection (B)(i)(II) that allows the subsection to apply to individual decisions would effectively nullifY local authority by mandating approval of all (or nearly all) applications, a result contrary to the explicit language of section (B)(iii), which manifestly contemplates the ability of local authorities to"deny a request." Second, the numerous cases involving local zoning authorities' moratoria on new zoning permits demonstrate that the reading of the statute we adopt today would hardly render the section of no use. See Lucas v. Planning Board of the Town of LaGrange, 1998 WL 261566 (S.D.N.Y.); Sprint Spectrum L.P. v. lefferson County. 968 F. Supp. 1457 (N.D. Ala. 1997); Sprint Spectrum L.P. v. Town of West Seneca, 659 N.Y.S.2d 687 (Sup. Ct. 1997); Town of Farmington, 1997 WL 631104; Sprint Spectrum L.P. v. City of Medina, 924 F. Supp. 1036 4 "Actions taken by State or local governments shall not prohibit or have the effect of prohibiting the placement, construction or modification of personal wireless services. It is the intent of this section that bans or policies that have the effect of banning personal wireless services or facilities not be allowed and that decisions be made on a case-by-case basis." H.R. Conf. Rep. No. 104-458 at 208, reprinted in 1996 U.S. Code Congo & Admin. News at 222. (W.D. Wash. 1996). Third. our reading simultaneously furthers the Act's explicit goals of facilitating competition, by strengthening the hand of new market entrants who cannot show that they have been unreasonably discriminated against, and of preserving a large portion of local authority by maintaining that authority in particular cases. Finally, we note that on this question district courts in Connecticut and Florida have since followed the lead of the district court in this case. See Cellco Partnership v. Town Plan and Zoning Comm'n of the Town of Fannington, 1998 WL 220030, *5 (D. Conn.); Smart SMR, 995 F. Supp. at 57; AT&T Wireless Services ofFla,. Inc. v. Orange County. 982 F. Supp. 856, 860 (M.D. Fla. 1997). See also Virginia Metronet. Inc. v. Board ofSuoervisors of James City County, 984 F. Supp. 966, 971 (E.D. Va. 1998) (reaffirming and explaining treatment of subsection (B)(i)(II) by district court in this case). Appellees argue that this reading makes nonsense of the statute by requiring two different meanings of the single word"regulation" in section (B)(i) -- the fIrSt, in subsection (I), providing that case-bv- case regulation shall not "unreasonably discriminate" and the second, in subsection (II), providing that no general ban or policy may "pro- hibit or have the effect of prohibiting" wireless service. We find this argument unconvincing. First, even if we adopted appellees' characterization of the section as we interpret it, the word "regulation" encompasses both general policies and case-by-case decisionrnaking. There is nothing absurd in a statute having separate provisions for each of these meanings. Second, there is no need so to confine subsection (B)(i)(1), since discrimination could be pursuant to a general policy just as much as it could result from case-by-case decisionrnaking. The converse is not true for subsection (B)(i)(II) - under our reading, a case-based rejection of an application could not violate it -- but this is necessary to avoid destroying local authority and to reconcile subsection (B)(i)(II) with section (B)(iii), as discussed above. In addition, we see no reason why policies that do not explicitly ban new service but do, when applied on a case-by-case basis, guarantee the rejection of every application could not also violate subsection (II). See Virginia Metronet. 984 F. Supp. at 971. V. Appellees also contend, and the district court held, that the City Council did not issue a "decision. . . in writing and supported by substantial evidence contained in a written record," as section 704(c)(7)(B)(iii) requires. We disagree. We treat separately the two requirements of section (B)(iii). We can quickly dispose of the first: the City Council's decision clearly was "in writing," and the district court could only fmd to the contrary by importing additional language into the statute. The City Council's decision was reflected "in writing" both in the condensed minutes of the March 25 meeting and in the letter from the Planning Commission describing the application, with the word "DENIED" and the date of decision affixed. The district court blurred the Act's separate requirements of a written decision and of substantial evidence, concluded that "substantial evidence" drew on standards of federal administrative law, then imported those standards not only into its evaluation of "substantial evidence" but also into the Act's requirement of a "decision. . . in writing." Having done so, it held that a "decision. . . in writing" must include findings of fact and an explanation of the decision. This was error. Besides supplementing the statutory text, this holding misunderstands comparable provisions of administrative law and ignores other sections of the Act. The Administrative Procedure Act ("APA") requires review for "substantial evidence" in cases of adjudications and formal rulemaking by federal agencies. See 5 U.S.C. 9 706(2)(E); Ethvl Corp. v. EPA, 541 F.2d 1,37 n.79 (D.C. Cir. 1976). While courts applying this standard demand both findings and an explanation of the decision, see, ~, Arnold v. Secretarv of Health. Education. and Welfare, 567 F.2d 258,259 (4th Cir. 1977), this is because the statute eXplicitly so requires. Under the APA, "[a]1I decisions" in adjudications or formal rulemaking"shall include a statement of. . . findings and conclusions, and the reasons or basis therefor. . . ." 5 U.S.C. !i 557(c). Rules promulgated under informal rulemaking procedures similarly must include "a concise general statement of their basis and purpose." Id. at !i 553(c). Portions of the Telecommunications Act other than section 704 contain similarly explicit language. See 47 U.S.C. !i 252(e)(I) (requiring ''''\-Titten findings as to any deficiencies" of certain agreements); M. at !i 271(d)(3) (requiring FCC to "state the basis for its approval or denial" of certain applications). Thus it is clear that Congress knows how to demand findings and explanations and that it refrained from doing so in section (B)(iii). See Keene Co. v. United States, 508 U.S. 200, 208 (1993) ("[W]here Congress includes particular language in one section ofa statute but omits it in another. . ., it is generally presumed that Congress acts intentionally and purposely in the disparate inclusion or exclusion."). The simple requirement ofa"decision... in writing" cannot reasonably be inflated into a requirement of a "statement of. . . findings and conclusions, and the reasons or basis therefor." The district court also derived its requirement of findings and an explanation from their alleged necessity for judicial review. To the extent that this rationale is separable from the court's reliance on Federal administrative law, we reject it also. The separate substantial evidence requirement, discussed below, ensures more than sufficient infonnation to enable judicial review of compliance with other parts of section 704(c)(7)(B). See Gearon & Co.. Inc. v. Fulton County. 1998 WL 292095, *2 (N.D. Ga.) (finding written notice offact and date of denial of application to satisfY writing requirement, and proceeding to evaluate decision under substantial evidence requirement); BellSouth, 944 F. Supp. at 926, 928 (implicitly doing same). Turning to the second requirement of section (B)(iii), we hold that the City Council's decision was "supported by substantial evidence contained in a written record." The Supreme Court has explained that "[s]ubstantial evidence is more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Universal Camera v. NLRB, 340 U.S. 474, 488 (1951) (internal quotations omitted). While "substantial evidence" is more than a scintilla, it is also less than a preponderance. NLRB v. Grand Canvon Mining Co., 116 F.3d 1039, 1044 (4th Cir. 1997). A court is not free to substitute its judgment for the agency's (or in this case the legislature's); it must uphold a decision that has "substantial support in the record as a whole" even ifit might have decided differently as an original matter. Id. at 1044 (internal quotations omitted). The Virginia Beach City Council is a state legislative body, not a federal administrative agency. The "reasonable mind" of a legislator is not necessarily the same as the "reasonable mind" of a bureaucrat, and one should keep the distinction in mind when attempting to impose the "substantial evidence" standard onto the world oflegislative decisions. It is not only proper but even expected that a legislature and its members will consider the views of their constituents to be particularly compelling fonns of evidence, in zoning as in all other legislative matters. These views, if widely shared, will often trump those of bureaucrats or experts in the minds of reasonable legislators. In light of these principles, the City Council's decision clearly does not violate the "substantial evidence" requirement. The record here consists of appellees' application, the Planning Department's report, transcripts of hearings before the Planning Commission and the City Council,5 numerous petitions opposing the application, a petition supporting the application, and letters to members of the Council both for and against. Appellees correctly point out that both the Planning Department and the Planning Commission recommended approval. In addition, appellees of course had numerous experts touting both the necessity and the minimal impact of towers at the Church. Such evidence surely would have justified a reasonable legislator in voting to approve the application, and may even amount to a preponderance of the evidence in favor of the application, but the repeated and widespread opposition of a majority of the citizens of Virginia Beach who voiced their views -- at the Planning Commission hearing, through petitions, through letters, and at the City Council meeting -- amounts to far more than a "mere scintilla" of evidence to persuade a reasonable mind to oppose the application.6 Indeed, we should wonder at a 5 We see no irregularity in the City Council issuing a verbatim transcript of its hearing after it made its decision and incorporating that transcript into the record. This is standard legislative practice, and the Act, unlike the AP A, does not require a decision "on the record," 5 U.S.C. S 553(c). It is absurd to suggest that a hearing that the legislators themselves attended and participated in cannot be part of the record simply because they did not either produce a real-time transcript or postpone their vote until after the transcript was prepared. 6 A few citizens did mention health concerns from radio emissions, a concern the Act precludes, 47 U.S.C. S 332(c)(7)(B)(iv), but these were a small fraction of the overall opposition, which focused on the appeaance of the 135-foot towers and on the inappropriateness of commercial towers in a residential area. Cf. H.R. Conf. Rep. 104- 458 at 208, reprinted in 1996 U.S. Code Congo & Admin. News at 222 ("[T]he conferees do not intend that if a State or local government grants a permit in a commercial district, it must also grant a permit for a competitor's 50- foot tower in a residential district. "), legislator who ignored such opposition. In all cases of this sort, those seeking to build will come anned with exhibits, experts, and evaluations. Appellees, by urging us to hold that such a predictable barrage mandates that local governments approve applications, effectively demand that we interpret the Act so as always to thwart average, nonexpert citizens; that is, to thwart democracy. The district court dis- missed citizen opposition as "generalized concerns." 979 F. Supp. at 430. Congress, in refusing to abolish local authority over zoning of personal wireless services, categorically rejected this scornful approach. CONCLUSION Accordingly, we reverse the district court and order summary judgment in favor of the City Council on the claims involving subsection (B)(i)(1) and section (B)(iii), and affirm the district court's grant of summary judgment in favor of the City Council on the claim involving subsection (B)(i)(II).7 IT IS SO ORDERED. 7 Because our statutory analysis resolves all issues in this case, we do not reach the City Council's argwnents that section 704( c )(7) of the Act, at least as interpreted by the district court and appellees, is unconstitu- tional under cases such as Printz v. United States. 117 S. Ct. 2365 (I 997), and New York v. United States, 505 U.S. 144 (1992). See Hannon v. Brucker, 355 U.S. 579, 581 (I958) (noting courts' "duty to avoid deciding constitutional questions presented unless essential to proper disposition of a case"). 10/12/99 U:31 TI ~IBERL~D ,'1CRTGRGE .. 9421762S --- NO.912 002 Timberland Mofigage Services~ Inc.@ "Your next step to a better futureJ1~ Lynette Bauers Dear Lynette Bauers, I am writing this letter in response to your phone call on or about 10-11-99 regarding the implementation of a wireless transmitter antenna currently being considered by your city government. I am currently employed with Timberland Mortgage Services Inc. as a Loan Officer with 4 years in the field. I have called a number of different fending institutions and Appraisal services, and have had the following statement to make regarding the issue at hand. In my opinion, an antenna, or for that matter any commercial structure of any kind in dose proximity to any existing residential property will, most likely have an adverse effect on that said properties value, This is based on the previous experiences of many others in the fields of Mortgage Lending, Appraising. and other related industries. (See below for the names of some of the individuals providing the research information.) It was disClosed that the residents most affected by this would be the ones with property within the fall zone of the structure. But if the sruaure were within the line of sight, some lenders would even decline the loan out of hand if they suspected a poblem with resale. or depreciation in value. I have listed two names of people I have talked to regarding these matters. If you have any questions please feel free to cortact me at any lime. ad R. Wagner Loan Officer Timberland Mortgage Services Inc. TRW IIIf8rencIS: RJSI Ffanklln , 185118ril1eter 0rf1/8 sulll115 SclJIIIIDI1lInI.160113 Canract~ UnllerwriUnu [SI8}.9IO.1151 IDIra/saJ JlelWOlt II MinaDSOIa Z489 Rice Sl SUIte liD _VOle. MN (651) 115-0582 Caoraet-l{mce Sew 6950 West 1461/1 Street Suite #112 Apple Valley, MN 55124 Phone 612-953-9000 Fax 612.953.9090