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Home My WebLink AboutNovember 2, 2006 I 5'\NriOvE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular Park & Recreation Commission Meeting November 2, 2006 7:00 P.M. 1. Call to Order 2. Resident's Forum 3. Approval of Minutes (10/5/06) 4. Consider Market Value Appraisal/13533 Jay Street NW 5. Park Dedication Improvement Fund 3rd Quarterly ReporUFinance Dept. 6. Anoka County Sheriffs Dept. 3rd Quarterly Report T -~ 7. Update on Cell Phone Towers in Public Parks/Planning 8. Review Outstanding Items 9. 10. Chair's Report 11. Adjournment 7:15 P.M. or shortly thereafter (Work Session) 1. Call to Order 2. Discuss Guidelines for Field Usage by Youth Athletic Associations, Cont. 3. Adjournment - 1-.... ifP' ,.~ I" if......:...... - ~ '- ~~,:.. ...,~: .",. \. \"f: ~ ..,.: - 0/' . "- - ".- "i; ~"""A ~ 1.. . \ - ; - Pi ~f\ 'Q, ~~ W~~ , . ~ 9\NDOvE .. 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Park & Recreation Commission CC: FROM: Todd Haas, Parks Coordinator SUBJECT: 4. Consider Market Value Appraisal/13533 Jay Street NW DATE: November 2, 2006 INTRODUCTION This item is in regard to considering a market value appraisal for the commercial property that was approved by the City for a lot split at 13533 Jay Street NW. DISCUSSION Attached is a certificate of survey for your review of Parcel B, which is the new commercial parcel that has been created. Both Parcels A & B will have an existing building on each of the properties. The City/has already approved the lot split. Also attached for your review is City Code 11-3-7 D-2, which outlines the process that must be followed in order to determine the proper amount for commercial property. The City Administrator, who is well aware of the current market values in the Andover area, has reviewed the appraisal and is recommending the Park Commission recommend the market value that has been presented of $435,393.00 (see attached offer from Kottkes' Bus Service, Inc.) to the City Council. ACTION REQUIRED The Park & Recreation Commission is requested to consider the proposed market value of $435,393.00 to the City Council. The park dedication would be in the amount of $43,539.30 Respectfully submitted, ~~~~ Todd Z Ha~s cc: Jeff Hanson, Kottkes' Bus Service, Inc. Charles Peterson, Kottkes' Bus Service, Inc. G:\ST AFF\RHONDAA\P ARK\ITEMS\2006\ 11 0206\item 4.doc :x -~. '5:.,:{ OJ '-.". ,'n~1 ~;;{' 'f / I ~jr:Ji("~'>.. U '1' ,', / '7 ~wrf!r", c~.';; "R""' 'f. I -'-' 'J)-~[),""" ~;j" J1 ~ .~ !' '.. 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I : i i I i E-< o .....:l 06"LZZ .j.11,60.00N .-L-___ o.M.'N .L:3::3:lIJ.S J..vr ~ ---~ ,..."",.""-,,,,,,...,,,-,,..,,,,,,,_...~_...~ KOTTKES' BUS SERVICE, INC. 13625 JAY STREET . ANDOVER, MINNESOTA 55304 · PHONE 755-3100 OCTOBER 10TH, 2006 CITY OF ANDOVER, We are estimating the value of this property using the values of similar land sold by the City of Andover - Stations north. The values (we believe) of the land sold were $4.00 to $7.00 per square foot. At $7.00 per square. foot our park dedication fee will be as follows. 1.428 acres 62,199 square feet X $7.00 per sq. ft. = $435,393.00 x 10% = $43,539.30 to be paid to the City of Andover (Park Dedication Fee). Thank you 11-3-7 11-3-7 Step 3: -Total park dedication fee" will be determined by establishing the ultimate number of residential lots being dedicated (if no park land was dedicated) multiplied by the park dedication fee per unit. Step 4: Divide the "total park dedication fee. by the required land to be dedicated. This yields the "fee per acre". Step 5: Multiply the "fee per acre" by the acres of park to be dedicated. This yields the dollar value of credit for land being dedicated. Step 6: -Total fee" minus the dollar. value of credit for land being dedicated yields the dollar amount and/or balance due in park dedication fee. 2. Market Value Of Lands: "Market value", for the purposes of calculating the commerciaVindustrial park dedication fee as required by this title shall be determined as of the time of the final plat approval without improvements in accordance with the following: a. The park and recreation commission and owners or developers may recommend to the city council the market value. The city council, after reviewing the park and recreation commission's recommendation, may agree with the owner or the developer as to market value. b. The owner or the developer may select from a list, one of three (3) accredited appraisers that has been approved by the city to establish the marlcet value. The appraisal shall be at the expense of the owner or the developer. Such appraisal shall be accepted by the city council and the owner or developer as being an accurate appraisal of "market value". D. Density And Open Space Requirements: Land area so conveyed or dedicated for park, open space and playground purposes may not be used by an owner or developer as an allowance for development as set out in the city zoning ordinance. The land shall be in addition to, (except for subsection E of this section), and not in lieu of, open space requirements for planned unit developments pursuant to title 13, chapter 3 of this code. E. Credit For Private Open Space: Where private open space for park and recreation purposes is provided in a proposed development and such space is to be privately owned and maintained by the owner of that development, such areas may be used for credit at the February 2005 City of Andover CITY OF NDOVE CD 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Park & Recreation Commission CC: Todd Haas, Park Coordinator FROM: Lee Brezinka, Assistant Finance Director SUBJECT: 2006 Third Quarter Financial Report DATE: November 2,2006 INTRODUCTION Quarterly review of the Park Improvement Fund. DISCUSSION Attached are the Project Commitment Listing Report, Balance Sheet, and Revenue and Expenditure Reports for the Park Improvement Fund as of September 30, 2006. There are two additional items listed in the Projected Commitments section of page 1: Debt Service Payment - SA Bonds - Cap Proj Levy and Debt Service Payment - PIR Bonds - Andover Station North. The debt service payment for the SA Bonds is payment for the initial sight improvements for the ballfields. The debt service payment for the PIR Bonds is payment for the actual construction of the ballfields. These funds are being set aside for future debt service payments. ACTION REOUESTED Informational data provided and no formal action is needed. Respectfully submitted, City of Andover J73~ Lee Brezinka Attachments: Park Improvement Fund - Project Commitment Listing Park Improvement Fund - Balance Sheet Park Improvement Fund - Revenues Park Improvement Fund - Expenditures Fund Balance Additional Revenues Anticipated Anticipated Pari< Dedication Fee Capital Projects Levy for Park Improvements CITY OF ANDOVER Park Improvement Fund Project Commitment Usting September 2006 100 units @ $2,325 per untt = $232,500 Total Funds Available Projected Commitments Andover Community Center Contributions Andover Station North Baseball Fields Country Oaks West Pari< Improvements 2005 CIP - Lunds North Park 05-10 2005 CIP - Prairie Knoll Park Phase 11 03-01A 2006 CIP - Woodland Estates Park 2006 CIP - Fox Meadows Pari< 2006 CIP - Prairie Knoll Park - Playground Eq & Bleachers 2006 CIP - Oakview Pari< The Oaks Park Trail Fox Meadows Fence Annual Miscellaneous Projects Northwoods East park Debt Service Payment - SA Bonds - Cap proj levy Debt Service Payment - PIR Bonds - Andover St N Total Dollars Allocated for Park Projects Park Improvement Funds Available For Future Projects: Budget CalT}'forwardsl Adjustments 15.000.00 10,000.00 35,000.00 50,000.00 25,000.00 52,800.00 50.000.00 75.000.00 42,188.06 1,861.52 64,942.79 480.00 65.000.00 17,563.00 (20,179.77) 20,179.77 64.764.00 $ 187,800.00 401,819.37 . This is an estimation and may need to be adjusted based on development activity. 10/18/2006 2006 Pari< Improv 3rd Qtr.XlS G) $ Estimate- 2006 Actual (3,359.71) 1,860.00 9,991.48 16,913.88 5,759.05 11,109.29 36,093.51 56,914.60 5,656.70 20,179.77 $ 161,118.57 Actual $ 689,854.97 26,400.00 716,254.97 Reserved Amount 50.000.00 75.000.00 45.647.77 54.951.31 4,240.95 23,890.71 13,906.49 8,OB5.40 17.563.00 52,800.00 64.764.00 430,769.63 $ 285,485.34 Overbudget $1.433.8B Overbudget $B36.47 CITY OF ANDOVER Park Improvement Fund Balance Sheet September 2006 Assets: Current Assets Cash - Reserved Cash - Unreserved T alai Cash $ 430.769.63 259.085.34 689,854.97 Interest/ Tax Receivable Due From Other Governments Liabilities and Fund Balance: Liabilities Accounts Payable Deposits Payable $ Fund Balance Fund Balance 12-31-05 Excess of Revenues Over (Under) Expenditures 241.143.72 448.711.25 .....):!ltan~~~ ~1!llC_~~~~-~=:=.::-=-.:::~=:~-.:::~~_~_=.___._: .. -==~~~-689:854~9n [-~=t~~El.i~~~ti_~:~I1~~~~~~~~-- .---7"----~-----.---~-..---$~6s9~8S4:ill 10/1812006 2006 Park Improv 3rd Qtr.XLS G) CITY OF ANDOVER Park Improvement Fund Revenues Septem ber 2006 Revenues' 51100 - Prooertv Tax - Current July 2006 Tax Settlement Dee 2006 Settlement 2006 A=ual Subtotal $ 23,101.33 23,101.33 51300 - Fiscal Disoarities July 2006 Tax Settlement Dee 2006 Settlement 2006 A=ual Subtotal 3,078.02 3,078.02 53380 - Market Value Homestead Credit Oct 2006 MVHC Dee 2006 MVHC Subtotal 54365 - Park Dedication Fees Sophies South - Harstad Hills Brook Crossing - AJE Company 17714 Bluebird St - Simonson, Fred Millers Woods 2nd - Laurent 3480 Bunker Lake Blvd Stack's Woods - Timberiane Homes Cardinal Ridge Shaw's Glen Andover Station North Woodland Crossings Boulder Point, LLC L5B3 - Andover Station North Deer Oaks Lot Split - Prairie Road & Andover Blvd 130,608.32 23.250.00 2,325.00 57.200.00 30.300.00 46,500.00 75,175.00 24,250.00 65,100.00 58.200.00 19,684.00 11,000.00 2,425.00 Subtotal 546,017.32 56910 - Interest Income 1stQtr 2nd Qtr 3rd & 4th Qtr Subtotal 4,570.10 10,130.05 14,700.15 58125 - ContributionsIDonations Ace Solie Waste Wruck Excavating MN Twins Community Fund - Andover Station North Burgeson - Fox Meadows Fence 345.00 25.00 5,000.00 17,563.00 Subtotal 22,933.00 Refund & Reimbursements Subtotal L !~ta1 R~..!'~. -~-------:-----'--:----~"'------'------'--~---~$ . '..609,829:82...... 1 0/1812006 2006 Park Improv 3rd Qtr.XlS CD CITY OF ANDOVER Park Improvement Fund Expenditures September 2006 Exoenditures' 61130 - R & M Suoolies - Landscaoe Tessman Seed Company - Seed - Oakview Park Tessman Seed Company - Seed - Woodland Estates Park . Central Landscape Supply - Fiber Subtotal 63005 - Professional Services * Northern Technologies, Inc - Northwoods East Reed Business Info - The Oaks Park Wunderlich -Malec Engineering - Prairie Knoll Park Subtotal $ 693.35 693.35 600.45 1.987.15 68.00 78.44 1.441.48 1,587.92 4,000.00 1,762.80 1,000.00 1.000.00 56,836.16 5.320.00 69,918.96 56.25 56.25 8.550.00 1.860.00 10,410.00 63010- Contractual Services * Anoka Aquatic:s Center North Country Concrete - Oakview Park * Dermco - laVine - Northwoods West LB Tree - Prairie Knoll Park Peterson Companies - The Oaks Park Peterson Companies - Fox Meadows Subtotal 63025 - Publishina * ECM Publishers - Outdoor Grant Project Subtotal 63100 - R & M Labor - General North Star Fence, Inc - Prairie Knoll Park Perkins Landscape Contractors - Lunds North Subtotal 65300 - Imorovements Contract Retainage Reversal- Country Oaks West MN Playground. Inc - Play structure - Oakview Park MN Playground, Inc - Play Structure - Woodland Estates park Sport Supply Group - Country Oaks Park Sport Supply Group - Fox Meadows Central Wood Products - Materials - Woodland Estates park AME Red E Mix - Materials - Woodland Estates AME Red E Mix - Materials - Woodland Estates MIl Distributing - Irrigation parts - Country Oaks West Eagle Ridge Services - Playground border - Woodland Estates park MN Playground, Inc - Benches - Country Oaks West MN Playground, Inc - Benches - Oakview Park MN Playground. Inc - Benches - Woodland Estates park MN Playground. Inc - Benches - Fox Meadows Park MN Playground, Inc - Benches - Prairie Knoll Park AME Red E Mix - Materials - Oakview park Central Wood Products - Materials - Oakview park AITON Fence Company - Northwoods East Park North Country Concrete - Northwoods East park Morrell & Morrell - Prairie Knoll Seating & Athletic Facility - Prairie Knoll Park Subtotal (5,584.47) 27,164.96 12,593.63 600.00 600.00 1,337.11 318.44 544.33 1,185.71 1 ,207.50 439.05 439.05 219.52 439.05 219.52 2,759.13 2,674.22 12,121.77 7,990.00 1,761.77 8.128.00 77,158.29 G) * - Miscellaneous Projects 10/1812006 2006 Park Improv 3rd Qtr.XLS @ DATE: October 3, 2006 TO:" City of Andover, Parks Department FROM: Captain Dave Jenkins SUBJECT: Andover Park Activity Quarterly Report July 2006 - September 2006 The following is a list of reports generated by the Anoka County Sheriff=s Office regarding city park activity for the 3rd quarter, ending September 30, 2006. Date: Time: Arrival: Location: Case Number: 07.01 2034 2044 Strootman 06151557 A resident reported seeing five juveniles kicking the playground equipment. The deputy arrived and the juveniles were gone; he observed no damage to the play equipment. 07.03 0118 0121 Landlocked 06152625 Deputies responded to a loud music complaint coming from the park. He located the suspects and advised them the park was closed. They left. 07.17 2332 Pine Hills 06166265 A deputy was dispatched to the park on a fireworks complaint. The deputy was cancelled by the caller prior to his arrival. 07.25 1656 1701 Oak Bluff 06173307 A deputy responded to a call of juveniles shooting off fireworks in the park. When he arrived he located the two juveniles and the admitted to lighting off the fireworks. The deputy confiscated the remaining firecrackers and make contact with the juvenile's parents. 07.28 2040 2044 Prairie Knoll 06176356 A resident reported seeing a female use a porta-potty and when she left, the porta-potty was tipped over. A deputy responded and did not locate the female. He tipped the porta-potty back in to its original position and didn't observe any damage. 07,28 2357 0011 Prairie Knoll 06176526 A deputy responded to the park on a complaint of people outside. He located the suspects and advised them of the complaint and told them to leave because the park was closed. The suspects complied. 07,29 1343 1347 Sunshine 06176934 A deputy responded to a call of people drinking alcohol beverages in the park. When the deputy arrived, there was no one drinking alcohol at the park. 07.30 1837 1837 Prairie Knoll We received a call of an electrical box standing open with no one in site. locked the box and she did not observe any vandalism to it 06177965 The deputy shut and 08.06 2144 2149 Shadowbrook 06184396 A deputy responded to a loud music complaint at the park. The deputy located the suspect and advised her of the complaint and told her to leave. She complied. 08.09 2314 2318 Rose An anonymous caller reported a group of juveniles at the park after hours. the juveniles and advised them the park was closed and they left. 06187077 The deputy located 08.09 2303 2306 Oak Bluff 06187072 A deputy was called to a group of people who had gathered in the park. Upon his arrival he advised the people that the park closed at 2300 hours and they left. 08.12 0158' 0202 Oak Bluff 06189172 A deputy was called to juveniles in the park. Upon his arrival he advised them that the park was closed and they left. 08.22 0312 0312 Sunshine 06197862 A deputy spotted an occupied vehicle parked in the lot. He made contact with the people in the vehicle and told them to leave because the park was closed. 08.26 0841 0848 Prairie Knoll 06201809 We received a complaint of several vehicles parked in the grass. Upon arrival the CSO issued written warnings to seven people. 08.30 1701 1709 Fox Meadows 06205770 A deputy was called to a fender-bender in the parking lot at the park. Both parties had insurance and a report was filed. DJ:ll CITY OF NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 MAIN (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Park & Recreation Commission CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director FROM: Andy Cross, Associate Planner' . .~. .. . SUBJECT: Update on Cell Phone Towers in Public Parks - Planning DATE: November 2, 2006 DISCUSSION In a recent conversation, our City Attorney explained his view on telecom antennas in public parkland that can be summarized as follows: If a piece of land has been dedicated to park use through a subdivision, we would have a difficult time placing cell phone equipment or any above-ground utility structure in the park because the land was dedicated for "park use" only. Telecom and utility structures are not park uses. This changes, however, if the City has purchased park land or acquired a fee simple interest in the land. Then the land has not been dedicated to the City strictly for park use and we have more flexibility in how we use the land. Chapter 9-12 of the City Code regulates antennas and towers in Andover. There are two sections of this chapter that may influence tower placement in public parks. Section 9-12-5 states that towers with antennas may be placed in City park sites greater than ten acres in size located outside ofthe MUSA if the Park Commission determines that the tower is compatible with the nature ofthe park. The other section (9-12-8) requires that towers shall be placed a minimum of 500 feet from any existing residential dwelling units and at least a half-mile from each other (see attached Chapter 12 text). If cell tower locations can be found in parks, the City would receive revenue as part of the land lease. The Park Commission may wish to discuss a policy outlining where that additional money could be spent. Options may include putting the money directly towards improvements in the park where the tower is located, putting the money into a general parks fund, or placing the revenue fees into the City's general fund. Options for cell towers in parks can vary (monopoles, on top of emergency siren poles, on top ofIight poles). The Commission should discuss if they have a preference as to what could be allowed. Respectfully submitted, #~ Andy Cross Associate Planner City of Andover Attachments City Code Chapter 12-9 Telecom Antenna Detail- Emergency Siren SECTION: 9-12-1: 9-12-2: 9-12- 3: 9-12-4: 9-12- 5: 9-12- 6: 9-12- 7: 9-12- 8: 9-12- 9: 9-12-10: 9-12-11: 9-12-12: 9-12-13: 9-12-14: 9-12-15: CHAPTER 12 ANTENNAS AND TOWERS Purpose Definitions Permit And Lease Agreement Required Height Requirements Zoning District Regulations Co-location Requirements Design Requirements Setbacks General Requirements Nonconforming Antennas And Towers Interference With Public Safety Telecommunications Prohibited Damaged Or Destroyed Antennas And Towers Abandoned Antennas And Towers Variances Violation; Penalties 9-12-1: PURPOSE: In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City Council finds that these regulations are necessary in order to: A. Facilitate the provision of commercial wireless telecommunication services to the residents and businesses of the city; B. Minimize adverse effects of towers through careful design and siting standards in order to lessen the aesthetic impact on surrounding properties; C. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and D. Maximize the use of existing and approved towers and buildings to accommodate new commercial wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. (Ord. 270,12-5-2000) 9-12-2: DEFINITIONS: The following words and terms shall have the following meanings when used in this chapter: ANTENNA: Antenna, Public Utility Microwave: Antenna, Radio And Television, Broadcasting Transmitting: Antenna, Radio And Television Receiving: Antenna, Satellite Dish: Ante nna, Short Wave Radio Transmitting And Receiving: That portion of any equipment located on the exterior or outside of any structure and used for transmitting or receiving radio, telephone and television signals. "Antenna", as defined in this chapter (unless otherwise noted), pertains to all of the following antennas: A parabolic dish or comucopia shaped electromagnetically reflective or cond uctive element used for the transmission and/or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof. A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof. A wire, set of wires, metal or carbon fiber elements, other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, hom, or comucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, commercial satellite earth stations, lVROs (television, receive only), and satellite microwave antennas, but does not include personallVRO satellite reception receivers. A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element, used for the transmission and reception of radio waves used for short wave radio communications, and including the supporting structure thereof. Antenna, Telecommunications: A device consisting of a metal, carbon fiber, or other electromagnetically conductive rod or element, usually arranged in a circular array on a sing Ie supporting pole or other structure, and is used for the transmission and reception of radio waves in digital, analog or other wireless or personal communication services (I.e., cellular, paging, internet, etc.). CO-LOCATION: The placement of wireless telecommunication antennas by two (2) or more service providers on a tower, building or structure. COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. FEDERAL COMMUNICATIONS COMMISSION: The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. GUYED TOWER: . A tower that is supported, in whole or in part, by wires and. ground anchors. LATTICE OR SELF-SUPPORTED TOWER: A tower erected on the ground that consists of metal crossed strips or bars to support antennas and related equipment. MAST: That portion of the outside antenna system to which the antenna is attached, and the support of extension is required to elevate the ante nna to a height deemed necessary for adequate operation. MONOPOLE TOWER: PRIVATE PROPERTY: PUBLIC PROPERTY: PUBLIC UTILITY: SERVICE PROVIDER: TOWER: TOWER, MULTI-USER: TOWER, SINGLE USER: A single, self-supporting pole type tower, tapering from the base to the top and supporting a fixture designed to hold one or more antennas. Land that is not "public property" as defined in this section. Land owned or operated by a government entity. Persons, corporations, or governments supplying gas, electric, transportation, water, or landline telephone services to the general public. For the purposes of this chapter, wireless telecommunication service facilities shall not be considered public utility uses and are defined separately, Any individual or entity that provides wireless telecommunication services. Any pole, spire, or structure (excluding structures required for the transmission of electric energy), or any combination, to which any antenna could be attached, or which is designed for any antenna to be attached, and all supporting lines, cables, wires and braces. A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity. A tower to which is attached ony the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this chapter, (Ord. 270, 12-5-2000) 9-12-3: PERMIT AND LEASE AGREEMENT REQUIRED: No antenna or tower in excess of thirty five feet (35') in height from ground level shall be erected, constructed, or placed, or r~rected, reconstructed or replaced on private or public property without first receiving a Conditional Use Permit and obtaining the necessary building permit approvals from the city. The city shall require a lease agreement for any antennas and towers erected, constructed, placed, re-erected, reconstructed or replaced on city owned public property. Application for a Conditional Use Permit shall be made to the Planning and Zoning Department in the same manner, and containing the same information, as pursuant to the Conditional Use Permit process as stated in the city zoning ordinance1. (Ord. 270,12-5-2000) 9-12-4: HEIGHT REQUIREMENTS: A. If no existing structure meets the height requirements for antennas to be placed, the antennas may be mounted on a pole or monopole not to exceed one hundred fifty feet (150') in height in industrially zoned districts; not to exceed one hundred feet (100') in height in residentially zoned districts; and not to exceed one hundred twenty feet (120') in height in commercially zoned districts. Antennas (including the mast) may be mounted on a building or structure provided that the antennas do not extend over fifteen feet (15') above the highest portion of the roof. of the building or structure. B. Multi-user towers may exceed the height requirements as stated above by up to an additional twenty feet (20'); provided, that the minimum number of additional users, as required and stated in Section 9-12-6 of this chapter, have co-located their antennas on the monopole structure. A tower extension requires an Amended Conditional Use Permit as stated in the city zoning ordinance1. (Ord. 270,12-5-2000) 9-12-5: ZONING DISTRICT REGULATIONS: A. Residential Zoning Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter shall be allowed only in the following residentially zoned locations: (Ord. 270,12-5-2000; amd. 2003 Code) a. Church sites, when camouflaged; b. City park sites greater than ten (10) acres in size located outside of the Metropolitan Urban Service Area (MUSA), when the Park and Recreation Commission determines that the tower is compatible with the nature of the park; c. City water towers; d. Utility and transmission structures located in public rights-of-way; and e. Schools and public buildings when camouflaged. 1 See section 12-15-6 of this code. 2. Only one tower shall exist on anyone residentially zoned parcel of land. B. Commercial And Industrial Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter shall be allowed only in the following commercially and industrially zoned locations: a. Industrial I zoned parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; b. Commercially zoned parcels (Shopping Center SC and General Business GB) parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; and c. Utility and transmission structures located in public rights-of-way when attached thereto. 2. Only one tower shall exist on anyone industrially or commercially zoned parcel of land. (Ord. 270, 12-5-2000) 9-12-6: COLOCATION REQUIREMENTS: All telecommunication towers erected, constructed, or located within the city shall comply with the following requirements: A. A proposal for a new telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing approved tower or building due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tov..er or building, as documented by a qualified and licensed structural engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. 4. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. B. Any proposed telecommunication service tower shall be designed structurally, electrically and in all other respects, to accommodate both the applicant's antennas and comparable antennas for at least three (3) additional users if the tower is one hundred feet (100') or more in height or for at least two (2) additional users if the tower is less than one hundred feet (100') in height. Towers must be designed to allow for future arrangement of antennas upon the tower and to accept antennas mounted at varying heights. (Ord. 270, 12-5-2000) 9-12-7: DESIGN REQUIREMENTS: Telecommunication service towers shall be of a monopole design unless the City Council determines an alternative design would better blend into the surrounding environment. Lattice towers are prohibited. (Ord. 270, 12-5-2000) 9-12-8: SETBACKS: Towers shall conform with each of the following minimum setback requirements: A. Towers shall meet the building setbacks of the underlying zoning district as stated in the zoning ordinance. B. Towers shall be set back from all structures and all property lines at a distance equal to the height of the tower (plus an additional 10 feet), unless a qualified professional structural engineer certifies in writing that the collapse of the tower will occur within a lesser distance under all foreseeable circumstances. C. A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure such as a church steeple, light standard, power line structure or similar structure. D. Towers shall be placed a minimum of five hundred feet (500') from any existing residential dwelling unit and be spaced a minimum of one-half (1/2) mile from each other. (Ord. 270, 12-5-2000) 9-12-9: GENERAL REQUIREMENTS: All towers and antennas for which a permit is required shall comply with the following requirements: A. Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. B. Signs And Advertising: The use of any portion of a tower for signs is prohibited. Waming or equipment signs are exempt from this provision. C. Accessory Utility Buildings: 1. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the underlying zoning district as stated in the zoning ordinance. 2. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. D. Supplemental Information: In addition to the information required elsewhere in this chapter, development applications for towers shall include the following supplemental information: 1. A report from a qualified and licensed professional engineer that: a. Describes the tower height and design including a cross section and elevation; b. Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; c. Describes the tower's capacity, including the number and type of antennas that it can accommodate; d. Documents what steps the applicant will take to avoid interference with established public safety telecommunications; e. Includes an engineer's stamp and registration number; f. A coverage map showing what portions of the city will be served by the user, along with future coverage plans and potential construction sites to provide similar service elsewhere in the city; g. A report indicating that the request meets technical emission standards set by the FCC; and h, Includes other information necessary to evaluate the request. 2. For all te lecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 3. Before the issuance of a building permit, the following information shall be submitted to the city: a. Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration; and b. A report from a qualified and licensed professional engineer that demonstrates the tower's compliance with the aforementioned structural and electrical standards. (Ord. 270, 12-5-2000) 9-12-10: NONCONFORMING ANTENNAS AND TOWERS: Antennas and towers in existence prior to the adoption of this chapter that do not conform to or comply with the provisions of this chapter may continue in use for the purpose now used and as now existing but may not be structurally altered without complying with this chapter. (Ord. 270,12-5-2000; amd. 2003 Code) 9-12-11: INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATIONS PROHIBITED: No new or existing telecommunications services shall interfere with public safety telecommunications. (Ord. 270, 12-5-2000) 9-12-12: DAMAGED OR DESTROYED ANTENNAS AND TOWERS: If an antenna or tower is damaged or destroyed due to any reason or cause whatsoever, the same may be repaired or restored to its former use, location and physical dimensions upon obtaining a building permit. The repair or restoration must comply with this chapter. Provided, however, that if the cost of repairing such damaged or destroyed antenna or tower would be fifty percent (50%) or more of the cost of purchasing and erecting a new antenna or tower of like kind and quality, as estimated by the Building Official, and to the former use, physical dimensions and location, then the antenna or tower may not be repaired or restored except in full compliance with the requirements of this chapter. (Ord. 270, 12-5-2000; amd. 2003 Code) 9-12-13: ABANDONED ANTENNAS AND TOWERS: Any antenna or tower that is not used for one year shall be deemed abandoned. Within ninety- (90) days of notice by the city, the antenna or tower and all other associated equipment must be removed from the property. If the antenna or tower and equipment are not removed from the property within the time period as stated herein, a public nuisance may be declared, and the city may order that the public nuisance be abated in a manner consistent with ordinances and policies of the city. (Ord. 270, 12-5-2000; amd. 2003 Code) 9-12-14: VARIANCES: Variances from the provisions of this chapter shall be processed and granted or denied in the same manner and based on the same criteria as stated in the city zoning ordinance 1. (Ord. 270, 12-5-2000) 9-12-15: VIOLATION; PENALTIES: Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor and shall be subject to applicable fines and imprisonment as defined by state law. In addition to the penalties imposed by this chapte r, the city may exercise, with or separately from such penalties, all and any other legal and equitable remedies then available to the city by this chapter, or by statute, or by other ordinances of the city, or by applicable rules or regulations, to enforce this chapter, including, without limitation, injunction. (Ord. 270, 12-5-2000) 1 See section 12-15-7 of this code. I 7 . l/lJtm ISSU!D fOR ~ 2 5/1/<1 awas "'" err Of EDEN PRAlRIE . UGKIN1NC D T-IIOBILE AN1'DItM. F'ACING 12D' ~ EXJSTIrG SIREN REl.DCAlED F1IllII EXISTIIIO POU c ~ i '" l!; ~ "5- lr ;! m : : i !i ~ ,!. f! lr lr :: ~ T-YC:lBIlL 9'-0- IIONOPOl.E """'" ,. EXlSTlNC SIROl POLE TO BE REJD..If 2.. EXIS11NG SIRDf 10 BE Rfl..CC:ATm 11 NEW T-WOBILE: IrIIOt<<)p(lL[ T~ 1".,... 10- ntCk RElW'ORCEJ) @ COHCRErE SlM wnH r C1F COUPACT[D SlRlJCI\JRAl. IlAClCU (IDltATH) s ; f I 1 I I). T-uoBlU lH-SI'RlJT FlWIE ~, " 10 SUPPORT CQt.X CA8lES ... , (\I1H. "-0" TAUJ ("""""'" /' )--- ""T=' NC PPE rnR ....-- :, ""'" CAllUS (UhIlERGROlJND) A ... ",,. -- · ~..Mobile MINNEAPOLIS MARK S'\.. '.. .~ _. ".. ~ . . ,,_:. ~ '. ...... . . . NDOVE . 1685 CROSSTOWN BOULEVARD N.W, . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW,CI.ANDOVER.MN.US TO: Park & Recreation Commission FROM: Todd Haas, Parks Coordinator ~ SUBJECT: 8. Review Outstanding Items DATE: November 2, 2006 Issues list as of 10/31/06 COMPLETED PROJECTS . ON-GOING PROJECTS o Develop Site Plans for all existing parks which indicates the facilities available. (On-Going). o Andover Station North Park (property south of the old landfill) - Pretty much everything is done. There are a few punch list items the contractor needs to complete, but otherwise everything is completed. o Country Oaks Park - For the most part the landscaping is completed. Some additional landscaping will be done around the park sign. o Woodland Estates Park - Most landscaping has been completed. o Oakview Park - Most of the landscaping has been completed. o Update of Park Dedication Improvement Fund Quarterlv Report - Item is on the agenda. o Update of Quarterly Sheriff's Department Report on Park Patrol & Vandalism - Item is on the agenda. o Kelsey Round Lake Park - The seeding of the prairie restoration area has been completed. Feel free to stop by the park if you get a chance. If you have questions regarding the restoration, feel free to contact Kameron Kytonen at 767-5137 at City Hall. ON HOLD TASK FORCE UPDATES Skateboard Task Force - No updates to report. OTHER ITEMS OF INTEREST Note: If you have any items that you would like to add to the list, let me know at the meeting. G:\ST AFF\RHONDAA\P ARKlITEMS\2006\ 11 0206\item 8.DOC 5l\NDbVE~ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER. MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Park & Recreation Commission CC: FROM: Todd Haas, Parks Coordinator SUBJECT: 2. Discuss Guidelines for Field Usage by Youth Athletic Associations, Cont. DATE: November 2, 2006 INTRODUCTION This item is in regard to continuing the discussion of possibly having guidelines for field usage by youth athletic associations and user fees to use the City's facilities. DISCUSSION Attached is a revised version of the guidelines based on the discussion the Park Commission had October 5th. Also attached are the Internal Revenue Service (IRS) Requirements for Exemption 501 C for your review. Note: Association representatives have a copy of the most current version for their review. The associations are also aware of the meeting. ACTION REQUIRED The Park & Recreation Commission is requested to review and make any changes to fhe guidelines. Note: If no changes or minor changes are suggested, these guidelines will be placed on the November 16th agenda as a regular agenda item. Respectfully submitted, T~~~ G:\ST AFF\RHONDAA\PARK\ITEMS\2006\ 11 0206\item 2 work session. doc ~.c, 'R'" . {...._ ~ f \ 'l.. _~ t ' NDOVE . 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US October 16, 2006 ~""eP' le.~S ~ ~.ifJ( ~ A YSL - Maria Amundsen AAA - John Kaffenbarber ABA - Joe Deitz MLA - Josie Mely NMSA - Tom Hoopes AFA - Terry Boe Blaze Baseball - Keith Marks Mn Revolution Soccer - Russ Graham Dear Association Presidents: As most of you know, the Andover Park & Recreation Commission over the past couple months has been working on the guidelines for field usage by youth associations. Attached is the most current version for your review. The next discussion regarding the guidelines is scheduled for Thursday, November 2, 2006 at 7:00 p.m. The discussion is anticipated to begin closer to 7:15 p.m., as there are other items on the agenda to discuss first. The City encourages each association to have a representative at the meeting. If you have any further questions, feel free to contact me at (763)767-5131. Sincerely, ~~ Todd J. Haas Parks Coordinator T JH:rja Ene!. Youth Athletic Associations 1. Guideline Statement A key goal of the City of Andover's Parks & Recreation Commission's function is to provide a rich variety of recreational opportunities to residents in the most cost efficient manner possible. To achieve this goal, the City will emphasize a partnership with Andover's volunteer organizations to plan, organize, and implement youth recreational programs both as a means of containing service costs and as a method of ensuring a community-based program. 2. Procedures The City may recognize any number of associations based on the availability of resources and determination of the benefit to the community by the Parks & Recreation Commission. To qualify as a recognized City of Andover youth athletic association, the association must provide: 2.1.1. Unless specified bv sanetioninf! or f!overninf! bodies, youth sports program(s) must be open to all residents (ref!ardless of their school affiliation). fI:lld The pro[!rams fIffts/ shall be tarf!eted to have f! minimum of 51 % participation from Andover residents. with the eXCCfJROf! afhackcj!. 2.1.2. 1. full array of sports progrflIRS fur boys Md girls inyohiRg an age ana coffit'etitioRlc',els. 2.1.3. Democratic procedures and elections that ensure input from the residents regarding the program ffiput and policies. The Parks Coordinator shall be provided receive and rc'/icw a copy of the group's by-laws With the required field application. to help verifY this point M1! p'carlj! hasis. ~ ftl 0 0 \ ti . 2.1.4. All associations must provide verification that they have 5018 or equivalent non-profit status with the State of Minnesota. They shall provide thc City with M B:fiflUal fiRMeial report Ma a copy of MY tax filiRgs relfliircd by the state or fedcrftl govcrnmeflt. 2.1.5. Certificate of insurance, which also names the City of Andover as "Additional Insured". 2.1.6. Established grievance procedures, as outlined by association by-laws. 7;hieh invoh'e a City staffmembcr as a Bon votiRg oeservcr chtr-illf! f!1 ic .'tincc r:;racccdillf!s. The City '.";ill observe iR eases .,,,hcre City participatioR seems prudcm. 2.1.7. Opportl:l:n:ity for the Pfl:fks CoordiRator or other eity represeffiative to participate (non votiRg) in Board meetiRgs and attend moathly mcetiRgs as desired. G:\STAFF\RHONDAA\PARK\Youlh Athletic Associations Policy.doc 2.1.8. Duplication of sport offering by associations is not encouraf!ed pe,mHssible. Example: If more than one S{JCccr recomized association offers the same level of competitiveness, this shall trigger the field allocation clause. The number of Andover residents within each of the associations will determine the percentage of fields that will be allocated to the particular association. ~\O.. ~ 2.2. In return, qualifying associations will receive from the City; priority use of City- owned facilities along with other established priority users. This means that all required information/documentation must be provided by the association to the City of Andover before an application submitted by that association can be accepted f!.:.. use of the City's facilities. Note: The Park and Recreation Commission de hs:'e the authority to review the number offields that are being requested by the association. The final determination will be made by the Park and Recreation Commission based on need for the association. Acknowledgment of the groups as providers of their respective sport offerings. As part of this, the City does not offer programs in these areas, but refers resident to these organizations. 2.3. Youth athletic associations are valued partners to the City in providing organized recreational opportunities. Consequently, serious conflicts arising within or between associations and resident groups that threaten the quality of those recreational opportunities are of concern to the City. 2.4. Barring a legal imperative to the contrary, the City's role in resolving such conflicts is limited to encouraging the association board and party in conflict to work through the problem, according to existing by-laws, with staff representatives providing facilitation and information, as required. (\eedeJ 3. Responsibility The Parks Coordinator or a city representative will work with the various athletic associations to ensure the responsibilities are being met Staff through the grievance procedure addresses concerns from the general public. G:\STAFF\RHONDAA\PARK\Youlh Athletic Associations Policy. doc Requirements for Exemption Page lofl ~ Internal Revenue Service L'nitcd States Dt'partment of the Trt"asury I Requirements for Exemption Busine$s--LeaguJ!j; A brief description of the requirements for exemption under Internal Revenue Code (IRC) section 501 (c)(6). EmpjQyJ!~~!t!t~ciatiQns A brief description of the requirements for exemption for employees' associations under IRC sections 501 (c)(4) , 501 (c)(9) , and 501 (c)(17). Fraternal Societies A brief description of the requirements for exemption under Internal Revenue Code ("IRC") sections 501 (c) (8) and 501 (c)(1 0). L.ab_oLanclAgru;uJturaLQrganizatLons A brief description of the requirements for exemption under IRC section 501 (c)(5). Social Clubs A brief description of the requirements for exemption under Internal Revenue Code section 501 (c)(7). S~al..Welfar.ELO..rganj~lttLOlJS A brief description of the requirements for exemption under Intemal Revenue Code (lRC) section 501 (c)(4). ~eje.r;llJtiHganizatLcms A brief description of the requirements for exemption of veterans organizations under Intemal Revenue Code sections 501 (c)(19) and 501 (c)(23). Exemption Requirements - Political Organi~ations A brief description of the requirements for exemption under IRe section 527. QtheLIa){~E1telJlP-LQrganizafu!ns Miscellaneous types of organizations that quaiify for exemption from federal income tax. http://www.irs.gov/charities/nonprofits/ content/O"id= 13 215 7,00 .html lO/26/2006 Business Leagues Page 1 of 1 . ~ fiJ Internal Revenue Service unitcd StaH:S Departmcnt of thc Trcasury I Business Leagues A business league is an association of persons having some common business interest, the purpose of which is to promote such common interest and not to engage in a regular business of a kind ordinarily carried on for profit. Trade associations and professional associations are business leagues. To be an exempt, a business league's activities must be devoted to improving business conditions of one or more lines of business as distinguished from performing particular services for individual persons. No part of a business league's net earnings may inure to the benefit of any private shareholder or individual and it may not be organized for profit to engage in an activity ordinarily carried on for profrt (even if the business is operated on a cooperative basis or produces only enough income to be self-sustaining). The term line of business generally refers either to an entire industry or to all components of an industry within a geographic area. It does not include a group composed of businesses that market a particular brand within an industry. For more information, see IRC 501 (c)ill.Qrganizations. Seeking legislation germane to the common business interest is a permissible means of attaining a business league's exempt purposes. Thus, an Internal Revenue Code (IRC) section 501 (c)(6) business league may further its exempt purposes by lobbying as its sole activity without jeopardizing its exempt status. However, a section 501 (c)(6) organization that engages in lobbying may be required either to notify its members about the percentage of dues that are used for lobbying activities or to pay a proxy tax. For more information, see Lobbvinq Issues. Participating directly or indirectly, or intervening, in political campaigns on behalf of or in opposition to any candidate for public office does not further exempt purposes under section 501 (c)(6). However, a IRC Section 501 (c)(6) business league may engage in some political activities, so long as that is not its primary activity. However, any expenditures it makes for political activities may be subject to tax under IRC Section 527(1). For further information regarding political and lobbying activities of IRC Section 501 (c) organizations, see Election Year Issues, Political Camoaiqn and Lobbvinq Activities of IRC 501 (c)(4). (c)(5). and (c)(6) Orqanizations, and Revenue Rulinq 2004-6. http://www.irs.gov /charities/nonprofits/artic1e/0"id=96l 07,00 .htrnl lO/26/2006 Local Association of Employees - 501 ( '(4) Page 1 ofl '~ Internal Revenue Service l'rlltcd States D,'partrnent of the Treasury I Local Association of Employees. 501 (c)(4) A local association of employees under Internal Revenue Code section 501 (c)(4) is an organization whose membership is limited to employees of a designated person or persons in a particular municipality, and whose net earnings will be devoted exclusively to charitable, educational, or recreational purposes. The organization must meet the following requirements: 1. It must be of a purely local character, 2. It must limit its membership to employees of a designated person or persons in a particular locality; and 3. Its articles of organization, constitution, or bylaws must devote its net earnings exclusively to charitable, educational, or recreational purposes. 4. No part of its net earnings may inure to the benefit of any private shareholder or individual. An organization is of a purely local character if its activities are confined to a particular community, place, or district, irrespective of political subdivision. If the activities are limited only to the borders of a state, the organization cannot be considered to be purely local in character. A local association of employees that has established a system of paying retirement and/or death benefrts to its members will not qualify for exemption, since paying these benefits is not considered as being for charitable, educational, or recreational purposes. Similarly, a local association of employees that is operated primarily as a cooperative buying service for its members in order to obtain discount prices on merchandise, services, and activities does not qualify for exemption. http://www .irs.gov/ charities/nonprofits/article/O"id= l54608,OO .html lO/26/200c Social Clubs Page 1 of1 ~ Internal Revenue Service l'nited States Dl'partment of the Treasury I Social Clubs Requirements for Exemption - In General: To be exempt under Internal Revenue Code section 501 (c)(7), a social club must be organized for pleasure, recreation, and other similar nonprofitable purposes and substantially all of its activities must be for these purposes. A club will not be recognized as tax exempt if its charter, by laws, or other governing instrument, or any written policy statement provides for discrimination against any person based on race, color, or religion. There is an exception, however, for a club that in good faith limits its membership to members of a particular religion, to further the teachings or principles of that religion and not to exclude individuals of a particular race or color. Personal Contact Required: An essential earmark of an exempt club is personal contact, commingling, and face-to-face fellowship. Members must share interests and have a common goal directed toward pleasure, recreation, and other nonprofrtable purposes. Fellowship need not be present between each member and every other member of the club so long as it is a material part in the life of the organization. A statewide or nationwide organization that is made up of individual members, but is divided into local groups, satisfies this requirement if fellowship is a material part of the life of each local group. Umited Membership Required: Another earmark of a social club is limited membership. A club that issues corporate memberships is dealing with the general public (the corporation's employees). Evidence that a club's facilities will be open to the general public (persons other than members or their dependents or guests) may cause denial of exemption. This does not mean, however, that any dealing with outsiders will automatically deprive a club of exemption. Support by Membership Dues Required: In general, a club should be supported solely by membership fees, dues, and assessments. A section 501 (c)(7) organization may receive up to 35 percent of its gross receipts, including investment income, from sources outside of its membership without losing its tax-exempt status. No more than 15 percent of this amount may be derived from the use of the club's facilities or services by the general public or from other activities not furthering social or recreational purposes for members. If an organization has non-member income that exceeds these limits, all the facts and circumstances will be considered in determining whether the club continues to qualify for exempt status. Inurement Prohibited: The statute prohibits exemption if any part of the organization's net earnings inures to the benefit of any person having a personal and private interest in the activities of the organization. Inurement is not limited to overt distributions; even undistributed earnings may benefit members by decreasing membership dues or increasing the services the club makes available to its members without a corresponding increase in dues or other fees paid for club support. Fixed fee payments to members who bring new members into the club are not an inurement of the club's net earnings, if the payments are reasonable compensation for performing necessary administrative service. http://www.irs.gov/ charities/nonprofits/article/0"id=96189, 00 .html lO/26/2006 Social Welfare Organizations Page 1 of 1 -fij Internal Revenue Service United States Department of the Treasury I Social Welfare Organizations To be tax-exempt as a social welfare organization described in Intemal Revenue Code (IRC) section 501 (c)(4) , an organization must not be organized for profit and must be operated exdusively to promote social welfare. Pursuant to changes enacted as part of the Taxpayer Bill of Rights 2, the eamings of a section 501 (c)(4) organization may not inure to the benefrt of any private shareholder or individual. If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any managers agreeing to the transaction. See the FY- 2002 CPE topic entitled Introduction to IRC 4958 for more information about this excise tax. For a more detailed discussion of the exemption requirements for section 501 (c)(4) organizations, see the FY-2003 CPE topic entitled IRC 501 (c) (4) Orqanizations. To be operated exclusively to promote social welfare, an organization must operate primarily to further the common good and general welfare of the people of the community (such as by bringing about civic betterment and social improvements). An organization that restricts the use of its facilities to employees of selected corporations and their guests is primarily benefiting a private group rather than the community and, therefore, does not qualify as a section 501 (c)(4) organization. Similarly, an organization formed to represent member- tenants of an apartment complex does not qualify, since its activities benefrt the member- tenants and not all tenants in the community, while an organization formed to promote the legal rights of all tenants in a particular community may qualify under section 501 (c)(4) as a social welfare organization. An organization is not operated primarily for the promotion of social welfare if its primary activity is operating a social club for the benefit, pleasure, or recreation of its members, or is carrying on a business with the general public in a manner similar to organizations operated for profit. Seeking legislation germane to the organization's programs is a permissible means of attaining social welfare purposes. Thus, a section 501 (c)(4) social welfare organization may further its exempt purposes through lobbying as its primary activity without jeopardizing its exempt status. An organization that has lost its section 501 (c)(3) status due to substantial attempts to influence legislation may not thereafter qualify as a section 501 (c)(4) organization. In addition, a section 501 (c) (4) organization that engages in lobbying may be required to either provide notice to its members regarding the percentage of dues paid that are applicable to lobbying activities or pay a proxy tax. For more information, see Lobbvinq Issues. The promotion of social welfare does not include direct or indirect participation or intervention in political campaigns on behalf of or in opposition to any candidate for publiC office. However, a section 501 (c) (4) social welfare organization may engage in some political activities, so long as that is not its primary activity. However, any expenditure it makes for political activities may be subject to tax under section 527(!). For further information regarding political and lobbying activities of section 501 (c) organizations, see Election Year Issues, Political Campaiqn and Lobbvinq Activities of IRC 501 (c)(4), (c)(5), and (c)(6) Orqanizations, and Revenue Rulinq 2004-6. http://www.irs.gov/charities/nonprofits/article/0,,id=96l78,00 .htrnl lO/26/2006 Other Tax-Exempt Organizations Page 1 of2 'fj] Internal Revenue Ser.vice United States Department of the Treasury I Other Tax-Exempt Organizations The following is a list of other types of tax-exempt organizations. For more information regarding these types of organizations, download Publication 557, Tax-Exempt Status for Your Organization, or contact IRS Customer Service. 9501 Corporations Organized Under Act of Congress (including Federal (c)(1) - Credit Unions) 9501 Title Holding Corporations for Exempt Organization (c)(2) - S 501 (c)(11) Teachers' Retirement Fund Associations - 9501 Benevolent Life Insurance Associations, Mutual Ditch or Irrigation (c)(12) Companies, Mutual or Cooperative Telephone Companies, Etc. - 9501 I C~\e~ C="",,;~ I (c)(13) - 9501 (c)(14) State Chartered Credit Unions, Mutual Reserve Funds - 9501 (c)(15) Mutual Insurance Companies or Associations - 9501 (c)(16) Cooperative Organizations to Finance Crop Operations - 9501 . (c)(18) Employee Funded Pension Trusts (created before June 25, 1959) - 9501 I BIocI< ,"09 Be,," T..,,, I (c)(21) - 9501 (c)(22) Withdrawal Liability Payment Funds - 9501 (c)(25) Title Holding Corporations or Trusts with Mu~iple Parents - 9501 (c)(26) State-Sponsored High-Risk Health Coverage Organizations - RI I http://www.irs.gov/charities/article/O "id=96l84, OO.htrnl 10/26/2006 Other Tax-Exempt Organizations Page 2 of2 I ~C)(27) I State-Sponsored Worker's Compensation Reinsurance Organizations I ~d~~1 II Religious and Apostolic Associations I I ~e~~1 I Cooperative Hospital Service Organizations [!E] Cooperative Service Organizations of Operating Educational (f) - Organizations I ~k~~1 II Child Care Organizations I I ~a~:1 'I Farmers' Cooperative Associations I http://www.irs.gov/charities/artic1e/O "id=96l84, 00 .htrnl lO/26/2006