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HomeMy WebLinkAboutCC October, 6, 2009 -- -- --- --- - --- --- -- - C I T Y 0 F NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Tuesday, October 6, 2009 Call to Order - 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (9/15109 Regular, 9/22/09 Workshop, 9/22/09 Closed) Consent Items 2. Approve Payment of Claims - Finance 3. Receive Assessment Roll/Order Public Hearing!09-2/2009 Street Reconstruction - Engineering 4. Receive Assessment Roll/Order Public Hearing!08-37/157th Avenue NW Reconstruction (MSAS 102)- Engineering 5. Accept CCWD Demonstration Grant/09-31/Meadows Creek Estates Rain Garden Project - Engineering 6. Consider Approval Application for Exempt Permit/Andover Lions Club - Administration 7. Approve Recycling Agreement with Anoka County and the City of Andover -Administration 8. Consider Approval On-Sale Liquor License/Andover Lanes - Administration 9. Consider Approval Application for Exempt Permit/The Way of the Shepherd - Administration 10. Approve Resolution - Call for Public Hearing on the Proposed Adoption of a Modification to the Development District No.1 and the Proposed Adoption of the Modifications to the TIP Plans for TIP District Nos. 1-1 & 1-2 Redevelopment Districts -Administration Discussion Items 11. Presentation! Two Rivers Community Land Trust/ Housing Rehabilitation in Andover - Planning 12. Public Hearing! Vacation of Drainage and Utility Easement/ 15956 Eagle Street NW - Planning 13. Consider Conditional Use Permit/Telecommunications Antenna/Prairie Knoll Park - Planning. 14. Consider Code Amendment/Add Animal Therapy Facility as Conditional Use - Planning Staff Items 15. Declare Costs, Order Assessment Roll & Schedule Public Hearing for 2009 Delinquent Utility Fees & Fines - Administration 16. Administrator's Report - Administration Mayor/Council Input Closed Session - Land Purchase Negotiations - Pills 07-32-24-12-0001 & 29-32-24-44-0022 Adjournment ---- --------- C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US ......--- TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Cler SUBJECT: Approval of Minutes DATE: October 6, 2009 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: September 15,2009 Regular Meeting September 22, 2009 Workshop September 22, 2009 Closed Meeting DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, fh~~~ Michelle Hartner Deputy City Clerk Attach: Minutes I 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING - SEPTEMBER 15, 2009 7 MINUTES 8 9 10 The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Mike 11 Gamache, September 15,2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard 12 NW, Andover, Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 15 Councilmember absent: None 16 Also present: City Attorney, Scott Baumgartner 17 Director of Public Works/City Engineer, Dave Berkowitz 18 City Administrator, Jim Dickinson 19 Community Development Director, Will Neumeister 20 Others 21 22 23 PLEDGE OF ALLEGIANCE 24 25 26 PROCLAMATION - DOMESTIC VIOLENCE A WARENESS MONTH 27 28 Mayor Gamache declared October 2009 Domestic Violence Awareness Month and read the 29 proclamation. 30 31 32 RESIDENT FORUM 33 34 Mr. Mike Cox, 4681161 stLane NW, stated he is at the meeting to inquire about the reason why the 35 Fire Department in Andover no longer responds with fire apparatus to residential or commercial 36 alarms in the City. Mr. Dickinson indicated it is dependent on the discretion of dispatch as to what 37 needs to be sent out dependant on the call received. 38 39 Mr. Cox thought this was a dangerous trend happening in the County and he knew they were facing 40 budget cuts but the amount of fire calls has gone up in recent years, some with false alarms but there 41 is a percentage that still comes in with alarms that are real fires. He thought this is a huge disservice 42 to the citizens in the City that pay taxes expecting a fire truck and it has never been communicated to 43 anybody that this is the process. 44 45 Mr. Cox reviewed a PowerPoint presentation with the City in regard to fire alarms and response 46 time. 47 48 Councilmember Jacobson indicated both him and Councilmember Knight were not aware that the ----------- Regular Andover City Council Meeting Minutes - September 15, 2009 Page 2 1 Fire Department were not responding to these types of calls. He thought they should have the Fire 2 Chief come in and explain this to the Council. 3 4 Mr. Dickinson stated part of what is going here is the information that is received at dispatch. If 5 there is a fire or signs of fire they will dispatch fire apparatus to the scene immediately. 6 7 Councilmember Bukkila stated it was her understanding that it was only for medicals that they were 8 going through Allina and bypassing Anoka Dispatch. Mr. Dickinson stated that has yet to be 9 implemented at this time. The Fire Chief is just monitoring this and making notes to determine if 10 this is what the Fire Department will do in the future. 11 12 Mr. Dickinson explained the reason for a reduction in the Fire Department budget is the reduction in 13 fire aid from the State, that number is projected to be about $40,000 less. 14 15 Councilmember Jacobson stated they need the explanation so they know what is being done or what 16 he is proposing to do. Mr. Cox stated the false alarms have been going down over the years and the 17 issue is if the City was going to risk a life because of this. 18 19 Mayor Gamache stated by sending out someone to assess the situation that is already in the area and 20 could get there quicker than a Fire truck may be a useful tool. 21 22 Mr. Dickinson stated that Mr. Cox's point relative to budget cuts within the Fire Department is not 23 accurate as described. The significant cut within the Fire Department has been on flow through 24 money from the State. The Fire Department is and will continue to be very well equipped in the 25 budget. One of the directive items from the Council was not to compromise public safety. As the 26 budgets are currently presented, the two areas not impacted are the Sheriff s Contract and the Fire 27 Department. He did not think it was a fair statement to say they are making significant cuts to public 28 safety. 29 30 Mayor Gamache stated he would be interested to hear if this is a policy they are going with and if it 31 is have they done this in the past, has this been their standard operating procedure for a period of 32 time and if it is they were not aware this was how it worked. Mr. Dickinson stated a lot of what 33 takes place on fire alarms has to do with how it goes through dispatch. 34 35 The Council thought the best thing to do was to hear from the Fire Chief regarding this. 36 37 38 AGENDA APPROVAL 39 40 There were no changes. 41 42 Motion by Jacobson, Seconded by Knight, to approve the Agenda as presented. Motion carried 43 unanimously. 44 ------ - ------ --------- --- Regular Andover City Council Meeting Minutes - September 15, 2009 Page 3 1 2 APPROVAL OF MINUTES 3 4 August 25, 2009, Workshop Meeting: Correct as amended. 5 6 Councilmember Trude stated Commissioner Sabel's name is spelled wrong in the minutes. 7 8 Councilmember Jacobson stated on page 6, line 15, the line should read".. . substantially under what 9 is advertised and is expensive to install." 10 11 Councilmember Trude stated on page 8, line 11, the dates should read "2010-2014" 12 13 Motion by Jacobson, Seconded by Knight, to approve the minutes as indicated above. Motion 14 carried unanimously. 15 16 September 1, 2009, Regular Meeting: Correct as amended. 17 18 Councilmember Trude stated on page 6, line 29 the word should be "accept". 19 20 Councilmember Bukkila stated on page 7, line 27, the sentence should read "...~the Council 21 saw. . . ". Line 28 should read" . . . an incremental tax increase without even seeing prior to adding: the 22 ~." Line 36 the word"~ should be replaced with "some" 23 24 Councilmember Jacobson stated on page 3, line 12, the word sighting is spelled wrong. 25 26 Councilmember Trude stated at the beginning of the meeting minutes, page 4, she did not have time 27 to compare her correction of the minutes of August 18th to see if it fit what she was trying to say. 28 She asked if someone could pull up the record to see that it is correct. Mr. Dickinson stated the 29 motion was restated and that was what was voted on. He indicated the correction was correct. 30 31 Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above. Motion carried 32 unanimously. 33 34 35 CONSENT ITEMS 36 37 Item 2 Approval of Claims 38 Item 3 Declare Cost/Order Assessment Roll/09-2/2009 Street Reconstruction (See 39 Resolution R069-09) 40 Item 4 Approve Contract for School Liaison/Anoka-Hennepin School District #11 41 42 Motion by Trude, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried 43 unanimously. 44 ---~------ Regular Andover City Council Meeting Minutes - September 15, 2009 Page 4 1 2 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT 3 4 Captain Tom Wells, Anoka County Sheriffs Department, provided an update on law enforcement 5 activities occurring within Andover. 6 7 8 CONSIDER CONDITIONAL USE PERMIT AMENDMENT/EXTEND APPROVAL OF LAND 9 RECLAMATION/2748 _161sT AVENUE NW 10 11 Mr. Neumeister explained the applicant has an existing permit for stockpiling up to 3,000 cubic 12 yards of topsoil on the subject property. The permit will expire in December of this year. The 13 applicant is requesting to extend this permit for an additional three years. 14 15 Motion by Knight, Seconded by Bukkila, to approve the proposed Conditional Use Permit 16 amendment. 17 18 Councilmember Jacobson asked if conditions might have changed in regard to the natural gas line 19 and is this still a good letter. Mr. Neumeister stated they are still in agreement and the letter is still 20 good. 21 22 Councilmember Jacobson suggested on the resolution on the Now Therefore It Be Resolved, Item 23 two the sentence read "The permit shall be limited to three years and shall expire December 1,2012 24 or when the stock pile have been depleted. whichever is sooner." 25 26 Councilmembers Knight and Bukkila accepted the change. 27 28 Mr. Rocky Lindberg, Forest Lake Contracting, 14777 Lake Drive, Forest Lake stated they would like 29 to have this remain at three years because it is nice to have the area for stock piling for smalljobs and 30 to sell to the local residents. 31 32 Councilmember Knight agreed to go back to the original motion without Councilmember Jacobson's 33 amendment. Councilmember Bukkila accepted the change. 34 35 Councilmember Jacobson stated ifthere is still a stockpile there it would continue but if there is no 36 stockpile it would expire and he did not think that the resolution modification would have hurt them 37 at all. 38 39 Motion carried unanimously. (See Resolution R070-09) 40 41 42 CONSIDER CITY CODE AMENDMENT/EDUCATIONAL PETTING ZOO 43 44 Mr. Neumeister explained a resident presented an idea for animal therapy for special needs students Regular Andover City Council Meeting Minutes - September 15, 2009 Page 5 1 to the City Council at the July 23rd Work Session. 2 3 Councilmember Trude thought they all wanted at least five acres. Councilmember Jacobson stated 4 he had a question about the word "animal therapy" being used because there is no definition of that 5 and that could be a lot of different things to a lot of different people. He stated with no definition it 6 could open this up to a lot of different businesses. 7 8 Councilmember Knight asked if they should have a definition in there. City Attorney Baumgartner 9 stated if they are going to add anything they will need a definition. 10 11 Councilmember Trude wondered if they could use the term "animal related business" as part of the 12 code and talk about animal related businesses other than a kennel or an active farm would require 13 five acres minimum, adequate space for accessory structure for animal's protection and care and any 14 required Government licenses and a Conditional Use Permit. They have other code provisions for 15 kennels and active farms. 16 17 Councilmember Trude discussed some of the issues that will be involved with animal related 18 businesses. 19 20 Councilmember Jacobson thought this was almost like a spot zoning which opens up a lot of things 21 that they are going to have to change a lot of conditions as they go through the ordinances to make 22 sure everything is clear and he thought that will be a real hassle. He thought this opened up a 23 Pandora's Box. 24 25 Councilmember Knight thought they would need to have something defined for this type of business 26 and he would leave it up to the attorney to do that. City Attorney Baumgartner thought they needed 27 to determine what it is they want to encompass. They need to decide if they want to be broad to 28 allow more businesses or more restrictive and only allow a petting zoo. He cautioned the Council to 29 be overly broad because there are a lot of things out there they are not aware of and it is easier to add 30 to the Code than to make a mistake from the beginning. 31 32 Councilmember Trude stated they already have dog kennels under this ordinance and they already 33 have farms. They are exempt from a lot of the code and they have riding stables but they also have 34 people with two and a half acres that can have a horse but they have home occupations that need 35 three acres or more so they are not really letting people with two and a half acres have a riding stable 36 for example, they have to have a farm. She thought there was a concern on how they deal with the 37 active farms and she thought they could put in the code that agricultural lands are not subject to 38 home based occupation ordinances because they typically have not regulated farming and do not 39 want to. 40 41 Councilmember Knight noted this is definitely not an agricultural business so they should 42 differentiate that right up front. City Attorney Baumgartner agreed. This is not agricultural, it is an 43 actual business. The concern is if the Council allowed this to happen or turned their back and let it 44 happen do they potentially open themselves up to liability or responsibility if something should -- ----- Regular Andover City Council Meeting Minutes - September 15, 2009 Page 6 1 happen. He stated this is different than farming, a different nature of a business. 2 3 Councilmeniber Trude asked if it was clear that their current farms did not fit into this. City 4 Attorney Baumgartner stated they would not need to look at the property being used but at the intent 5 of how the property is being used and should be focused on. 6 7 Motion by Jacobson to concur with the Planning Commission recommendation that no changes to 8 the City Code be made and that any future proposal be reviewed under City Code 12-9-3. 9 10 The motion failed for lack of second. 11 12 Councilmember Trude thought they needed a provision as she suggested earlier and she would be 13 willing to look at the City Code. Changing some things for the animal protection, care, liability 14 issues could be addressed and parking would have to be adequate if the public was invited so it 15 would have to cover a number ofthings but she could see other things popping up in the community. 16 People are raising their kids in an urban setting now and they really want their children to have these 17 opportunities to see animals. She thought there could be other business plans that develop and could 18 be successful in Andover. 19 20 Councilmember Knight stated he did not have any problems with the idea of a petting zoo, it is just 21 that he thought they had to be aware that when there are little kids with animals that bite and kick 22 occasionally and do other things there has to be some way to deal with the safety and liability issues 23 because they exist. Councilmember Trude did not think that was necessarily a City's obligation, 24 staff may have to look at that. She thought there was a certain personal obligation people need to 25 have when they go to these places. 26 27 Councilmember Bukkila thought at some point there is a personal responsibility either to the 28 property owner or to the person acting and she did not think the City should get involved in that. 29 30 Mr. Neumeister indicated in the staff report it shows the applicant will acquire all the essential 31 insurance and would reclassify the business as a Limited Liability Corporation (LLC) so the Council 32 could make a stipulation to that effect to include proper insurance and liability coverage. 33 34 Mr. Neumeister thought they would want to tighten down their ordinance as to what would be 35 allowed and even may want to be more specific as to the type of business. 36 37 Mr. Neumeister reviewed some issues on page twelve in the staff report with the Council. He 38 thought the issues should be discussed. 39 40 Councilmember Trude thought this was worth the effort to discuss further at a worksession to add 41 something to the Code for this type of business. 42 43 The Council discussed some other potential items that could be affected by a change in th~ City 44 Code. Regular Andover City Council Meeting Minutes - September 15, 2009 Page 7 1 2 Councilmember Jacobson stated he was reluctant to change the City Code in order to allow kids to 3 go to a business to pet animals during the school day. He thought this will be more complicated then 4 they think once they delve into this further and he wondered if it would be worth it. Councilmember 5 Trude thought they should take the time to review this because she would not want this in a 6 residential area so it should be five acres or more and she thought once this was discussed and 7 changes were made it will all work out. 8 9 Motion by Trude, seconded by Knight, to direct staff to help the Council craft a new code provision 10 to fit some of the discussion. Motion carried on a 4 ayes, 1 nay (Jacobson) vote. 11 12 13 CONSIDER COMMUNITY GARDEN LOTS 14 15 Mr. Berkowitz stated the City Council is requested to consider community garden plots in city 16 park areas and/or other city owned property as requested by the Park Commission. 17 18 Motion by Knight, Seconded by Jacobson, to direct staff and the Park Commission to come up 19 with rules and regulations. 20 21 Councilmember Jacobson asked if they can take a city park and put in something like this and 22 rent them out. City Attorney Baumgartner stated it may depend on what the dedication is and 23 how restricted it is to begin with. 24 25 Councilmember Bukkila asked if they could look at a minimum size in terms of not seeing it in a 26 neighborhood park. Mr. Berkowitz stated they could look at that and try to find more remote 27 areas for this type of thing. 28 29 Councilmember Bukkila asked what the cost factor would be with irrigation because ifthere will 30 be an expense to the City she would be hesitant to approve this but if they could zero out the 31 costs she would be in favor of this. Mr. Berkowitz stated they will bring back more details on 32 what the estimated costs would be to provide the service. 33 34 Motion carried unanimously. 35 36 37 DECLARE COST/ORDER ASSESSMENT ROLV08-37/157TH A VENUE NW 38 RECONSTRUCTION (MSAS 102) 39 40 Mr. Berkowitz stated the City Council is requested to declare the cost and order preparation of 41 the assessment roll for Project 08-37, 157th Avenue NW Construction (MSAS 102). 42 43 Councilmember Jacobson stated the payment schedule is based on the assessment manual before 44 they made some changes a couple of months ago and one of the changes is a reduction based -- Regular Andover City Council Meeting Minutes - September 15, 2009 Page 8 1 upon the ADT traffic and he wondered if that has been applied to 157th Avenue. Mr. Berkowitz 2 stated ADTs are difficult at this point because what they have are 2008 numbers and one section 3 of that roadway right now is under one thousand. The ADTs are not over the two thousand 4 threshold at this point and would not apply at this time. 5 6 Councilmember Jacobson thought that when they did the ADT numbers they took this road into 7 consideration. Mr. Berkowitz stated one section of this is extremely close and looking at the 8 2008 numbers a section of that road is probably over the two thousand threshold. They also look 9 at two thousand vehicles a day as a minor collector. 10 11 Mr. Dickinson thought the counts might be artificially low because ofless construction in 2008. 12 13 Councilmember Jacobson asked ifthey applied the 2008 numbers to this project would the 14 numbers go down. Mr. Berkowitz stated it would not but it is up to the discretion of the Council. 15 They could leave it at twenty-five or go down to a lesser amount. 16 17 Councilmember Trude thought she drafted the language and it was in their consent items a month 18 ago and the language was that the Council could reduce the total amount assessed or assess a 19 smaller amount than the normal policy if they felt, and there were three or four points to 20 consider, how was the road used, where was the traffic originating, where is it going to, are there 21 other streets feeding onto the road, what is the role it serves in the community. So there are some 22 different factors and she thought all of those factors apply and allows the Council to determine it 23 is not an ordinary road and they may choose to go off the policy, which would require it to stay at 24 twenty-five percent. 25 26 Councilmember Trude stated one of the other sides of that statement they approved was that they 27 could look at whether they assessed all the properties as just a flat number or whether they would 28 look at potential lots. She stated they always looked at this project at potentially developable lots 29 and they cannot really switch that at this point. 30 31 Councilmember Jacobson recalled they talked about the assessment for potential lots 32 disappearing or going downhill after fifteen years. Mr. Dickinson explained how this would 33 work. He stated when talking about costs they are declaring costs and are not reducing the costs 34 of the project. The assessment is determined by a percentage of total project costs and even if 35 they do deviate, they are still following the policy because the policy allows the Council 36 discretion in certain situations. 37 38 Councilmember Jacobson stated right now if they just declare the costs of the project that is set 39 in stone but it is a matter of how much they assess and if they send out letters right now under the 40 current policy, they would be sent out based on the twenty-five percent level. Ifthey chose to do 41 something different it would seem they should perhaps consider doing that before the letters are 42 sent out. 43 44 Councilmember Jacobson stated they need to make sure they do not reduce the percentage so Regular Andover City Council Meeting Minutes - September 15, 2009 Page 9 1 much that the assessment is so far below what other people are paying for a normal street that 2 they run into trouble. They need to be aware of what the previous assessments have been. 3 4 Councilmember Trude stated ifthey look back at the minutes where they talked to the 5 neighborhood and in that motion they talked about the stuff they would look at and she saw that 6 was kind of the Council's offer to the neighborhood. She thought they should look at that as they 7 answer this question tonight. She thought staff was willing to work with people individually and 8 preparing it at a ten year assessment looks like a reasonable number but if people wanted to 9 bump it up to twelve the City could still fund it. 10 11 Councilmember Bukkila thought they all needed to be the same. Councilmember Trude thought 12 with this project, being so large, she asked were financing this internally or going to the bank for 13 a bond. Mr. Dickinson indicated they will be using the permanent improvement revolving fund 14 but will be utilizing the interest rate established by a bond issue from earlier this year. He stated 15 they would recommend that the interest rate be at 4.5% since that is what they proposed to other 16 development and the lowest rate they were able to achieve on their bonds was 3.5% and their 17 policy indicates one percent above that. 18 19 Councilmember Trude indicated that was item three, which was to institute the lowest interest 20 rate, which is 4.5%. Number one was they would look at assessing ten to twelve years instead of 21 the normal eight. 22 23 Councilmember Trude wondered if someone wanted to do a twelve year, could they do that. Mr. 24 Dickinson stated his preference would be to do the same across the board but if the Council 25 wanted this that could happen. 26 27 Councilmember Trude stated she would propose ten tonight and use the twenty percent amount 28 because they talked about reducing the assessment to about twenty percent which would take five 29 percent off. 30 31 Mr. Dickinson noted the potential new lots have been evaluated. 32 33 The Council discussed with staff the lots with potential for splitting along with deferring the 34 potential split. 35 36 Councilmember Trude stated if they follow this then the people in the urban lots would be 37 assessed $896.32 at 4.5% interest rate in a ten year payment. Each year they would pay $113 38 and on the rural side their total assessment would be for one lot $3,074.78; an annual payment on 39 the ten year plan would be $388.59. Ifthey have multiple lots they would not get a bill for those 40 until they would split the lot and then they would get a bill for the other potential lots. 41 42 Mayor Gamache summarized the discussion and concluded the Council decided on 4.5% interest 43 rate and the main reason for the change to the twenty from the twenty-five was relative to the 44 traffic of the road and the access traffic being similar to a collector street with access to Highway --- Regular Andover City Council Meeting Minutes - September 15, 2009 Page 10 1 65 on the east side of the City. 2 3 Motion by Jacobson, Seconded by Knight, to approve the resolution declaring cost and directing 4 the preparation of the assessment roll for Project 08-37, 157th Avenue NW Reconstruction 5 (MSAS 102) based on this evenings discussion. Motion carried unanimously. (See Resolution 6 R071-09) 7 8 9 RESCHEDULE NOVEMBER 3, 2009 COUNCIL MEETING 10 11 The Council is requested to reschedule the November 3,2009 City Council meeting. 12 13 Motion by Knight, Seconded by Jacobson, to reschedule the November 3, 2009 City Council 14 Meeting for November 4,2009 at 7:00 p.m. Motion carried unanimously. 15 16 17 SCHEDULE EDA MEETING 18 19 The Council is requested to schedule an Economic Development Authority (EDA) Meeting at 20 6:00 p.m. before the October 6, 2009 City Council meeting. 21 22 Motion by Jacobson, Seconded by Trude, to schedule an EDA Meeting for October 6,2009 at 6:00 23 p.m. Motion carried unanimously. 24 25 26 SCHEDULE OCTOBER WORKSHOP 27 28 The Council is requested to schedule a City Council Workshop at 6:00 p.m. on October 27,2009 29 City Council meeting. 30 31 Motion by Jacobson, Seconded by Trude, to schedule a City Council Workshop for October 27,2009 32 at 6:00 p.m. Motion carried unanimously. 33 34 35 ADMINISTRATOR REPORT 36 37 City Administrator deferred to Fire Chief Winkel so that he could respond to the questions raised 38 at the Resident Forum. 39 40 Fire Chief Dan Winkel explained to the Council issues brought up at the resident forum at the 41 beginning of the meeting. He explained the officer group have met at three different sessions 42 reviewing the different types of alarms they respond to as a Fire Department and they did that 43 because they then turn it into their communications people and when they get a certain type of 44 alarm they have to review this or at least have in their mind what type of responses they are Regular Andover City Council Meeting Minutes - September 15, 2009 Page 11 1 looking for, whether it be one station, all stations or a duty officer. As Council is aware they 2 have implemented a duty officer program that does respond to some types of calls, not 3 necessarily alarms. He stated he would be more than willing to discuss with the Council the 4 guidelines they have developed. 5 6 Councilmember Jacobson asked what would be the response if they got notification from the 7 alarm company telling them they have a fire alarm in a home. Fire Chief Winkel stated under the 8 current guidelines, just an alarm with nothing visible, they had no other information they would 9 respond to this with a duty officer and that is what is currently happening out there. 10 11 Councilmember Jacobson asked if the Fire Department just started doing this or has that been the 12 policy for a long time. Fire Chief Winkel indicated they have had the guideline in place for quite 13 awhile. The duty officer program has been stepped up and has solidified within the last four 14 months. 15 16 Fire Chief Winkel reviewed some of the fire calls with the Council. 17 18 Councilmember Bukkila asked when the duty officer primarily responds. Fire Chief Winkel 19 stated it is now twenty-four hours a day for certain types of calls. 20 21 Councilmember Knight stated the concern the resident was expressing was if there was someone 22 in the home incapacitated and the fire alarm went off and could not get to the phone with a 23 bonafide fire by the time things went into motion it may be too late. Fire Chief Winkel indicated 24 that was a possibility but hoped that did not happen. 25 26 Mayor Gamache asked how many duty officers are at the stations. Fire Chief Winkel stated they 27 have one duty officer assigned every day twenty-four/seven and it rotates between all of their 28 officers and they switch once a week. They also have a back up officer assigned. 29 30 Councilmember Jacobson asked how they use the Sheriffs squad cars that may be in the area or 31 does the Fire Department use them at all. Fire Chief Winkel stated the Sheriffs squad cars 32 almost always respond to these calls. Generally speaking they have a squad car responding. 33 34 Fire Chief Winkel thought it was important that they have made an attempt to stream line their 35 responses that is appropriate yet not risking the safety of their residents. He stated a report will 36 be put together for discussion at the Council level in regard to some of the medical calls they are 37 responding to and if they should reduce some of those kind of calls and at that point he thought it 38 would be appropriate to follow up on this discussion regarding duty officers. 39 40 City Administrator Dickinson updated the Council on the administration and city department 41 activities, meeting reminders, CIP Projects and development activity. 42 43 Community Development Director Neumeister updated the Council on development activities in 44 the City. Regular Andover City Council Meeting Minutes - September 15, 2009 Page 12 1 2 Director of Public Works/City Engineer Dave Berkowitz updated the Council on engineering 3 items in the City. 4 5 6 MAYOR/COUNCIL INPUT 7 8 (Anoka Conservation Tour) - Councilmember Trude stated they all received an invite to the 9 Anoka Conservation District Storm Water Retrofit Tour at Bunker Activity Center. She stated 10 they will be discussing the new methodology on storm sewer. 11 12 (School District Meeting) - Councilmember Trude stated several of them were able to attend the 13 School District meeting on potential school closings. She updated the residents on the meeting. 14 15 16 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 17 adjourned at 9: 13 p.m. 18 19 Respectfully submitted, 20 21 Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes - September 15, 2009 Page 13 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - SEPTEMBER 15, 2009 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE......................................................................................................... 1 PROCLAMATION - DOMESTIC VIOLENCE AWARENESS MONTH................................... 1 RESIDENT FORUM...................................................................................................................... 1 AGEND A APPROV AL.................................................................................................................. 2 APPROV AL OF MINUTES........................................................................................................... 3 CONSENT ITEMS......................................................................................................................... 3 Approval of Claims..................................................................................................................... 3 Declare Cost/Order Assessment Roll/09-2/2009 Street Reconstruction (See Resolution R069- 09) ...................................................................................................................................... 3 Approve Contract for School Liaison/Anoka-Hennepin School District #11 ............................ 3 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT ...................................4 CONSIDER CONDITIONAL USE PERMIT AMENDMENT/EXTEND APPROVAL OF LAND RECLAMATION/2748 - 161 ST AVENUE NW (See Resolution R070-09) .................4 CONSIDER CITY CODE AMENDMENT/EDUCATIONAL PETTING ZOO ........................... 4 CONSIDER COMMUNITY GARDEN LOTS .............................................................................. 7 DECLARE COST/ORDER ASSESSMENT ROLL/08-37/157TH AVENUE NW RECONSTRUCTION (MSAS 102) (See Resolution R071-09)................................................ 7 RESCHEDULE NOVEMBER 3,2009 COUNCIL MEETING................................................... 10 SCHEDULE EDA MEETING...................................................................................................... 10 SCHEDULE OCTOBER WORKSHOP....................................................................................... 10 ADMINISTRATOR REPORT..................................................................................................... 10 MA YO R/COUNCIL INPUT........................................................................................................ 12 Anoka Conservation Tour......................................................................................................... 12 School District Meeting............................................................................................................ 12 ADJOURNMENT......................................................................................................................... 12 1 2 3 4 5 6 ANDOVER CITY COUNCIL WORKSHOP MEETING - SEPTEMBER 22, 2009 7 MINUTES 8 9 10 The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache, 11 September 22, 2009, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, 12 Minnesota. 13 14 Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 15 Councilmember absent: None 16 Also present: Director of Public Works/City Engineer, Dave Berkowitz 17 City Administrator, Jim Dickinson 18 Community Development Director, Will Neumeister 19 City Planner, Courtney Bednarz 20 Others 21 22 23 COMMUNITY TOUR 24 25 The Andover City Council toured the City along with City Administrator, Jim Dickinson, 26 Community Development Director, Will Neumeister, Director of Public Works/City Engineer, 27 Dave Berkowitz and resident Winslow Holasek. 28 29 Starting out the tour the Council went by Grace Lutheran Church nine acres where they were told 30 the location could be able to contain a community garden but there may be a concern about the 31 soil conditions. 32 33 Second on the tour was Cardinal Ridge 2nd Addition, formerly The Putnam Property. It was 34 noted that one permit was pulled and the developer is going to try to save as many trees as 35 possible. The Council also passed the location of the recent townhouse Woodland Development 36 PUD amendment. 37 38 Shaw's Glen Development was next on the tour. It was noted that Ben Minks purchased a 39 majority of the lots and is building on them. One of the Parade of Homes houses was viewed 40 from the outside and Mr. Dickinson thought the selling price was $279,000. 41 42 Mr. Berkowitz stated in the CIP, Nightingale is slated to be reconstructed in a few years so they 43 will need to determine access points along the road. 44 45 Next on the tour was a home on 161 st A venue and Swallow Street. Mr. Neumeister reviewed the 46 violations with the Council and indicated there are many cars and recreational vehicles on the 47 property but none are in violation since they are operable, licensed and on an improved surface. 48 It was noted there were a lot of weeds popping up by the vehicle tires and should be mowed. ------- Andover City Council Workshop Meeting Minutes - September 22, 2009 Page 2 1 2 Councilmember Trude stated that grass was growing up around the cars and it did not look like 3 that was part of the City Code. Councilmember Bukkila stated if it was mowed and maintained it 4 might not be so bad. Councilmember Trude stated she also did not like the vehicles parked in the 5 backyard because they are visible from the street. It was noted a home on 178th A venue had the 6 same type of issues. 7 8 The Council next toured Hughes Industrial Park and Mr. Neumeister stated the owners have 9 started to clean up the area and have been mowing. He noted the Larson property is now in 10 compliance as much as possible so the warrant will be removed. He also explained that 11 Gilbertson Precast is in compliance because it is a pre-existing condition and was grandfathered 12 m. 13 14 Councilmember Trude thought the businesses needed to be clean because of the residential area 15 close by. Mr. Dickinson stated this area was one hundred percent better than what it was a year 16 ago. 17 18 As the tour continued Mr. Neumeister noted "Affordable Movers" vans parked at a residence and 19 indicated he thought the business was working out of the home which was a violation. He stated 20 he talked to the owner who indicated they were moving the residents but they have been there for 21 a while with other vehicles parked there during the day and the vans being gone. He explained 22 every time the business is citied it moves to another part of the City. He stated staff will put 23 them on notice to become compliant. 24 25 The tour went to Hawkridge Park and Mr. Berkowitz stated the park needed a well for irrigation 26 ifthe soccer fields are built. He stated they are laying the park out for soccer. Maintenance on 27 the ball field has been minimal and has not been used much this year. He noted the ball field will 28 be gone this fall. 29 30 Mr. Berkowitz wondered if the Council had an opinion on if the hockey rink should remain. He 31 stated he has met with Andover Hockey Association regarding this. He has also called the St. 32 Francis Association but they have not returned his calls and have cancelled a meeting they were 33 to attend. He did not think St. Francis would use the rink or invest in it if their project with Oak 34 Grove progressed. 35 36 Mr. Berkowitz noted that ifthe hockey rink were to remain the boards would need to be replaced 37 and the rink would need to be relocated to a different location in the park. 38 39 Councilmember Trude asked how large the park was. Mr. Berkowitz stated it is between 16 to 40 18 acres. Councilmember Trude suggested when the park is redone to locate the parking along 41 the edge of the park to utilize more space and eliminate the long driveway. 42 43 Mr. Berkowitz showed the Council the road reconstruction project that was done in the 44 Woodland Meadows development and noted they received good feedback on this and the Andover City Council Workshop Meeting Minutes - September 22, 2009 Page 3 1 restoration is better than what they had before. He stated the southern part of the neighborhood is 2 slated to be reconstructed in 2010. 3 4 Mr. Dickinson indicated the general vicinity of where the group home will be located in Country 5 Oaks West. 6 7 The Council went by Prairie Knoll Park and discussed the parking on Prairie Road and possible 8 reasons why the north parking lot is usually empty. They talked about possibly posting "No 9 Parking" signs on Prairie Road for safety reasons. Mr. Dickinson showed the Council where the 10 proposed cell tower placement will be within the park. He noted the residents' concerns will be 11 addressed at the next Park Meeting. 12 13 The Council drove by the Mike Smith property and it was noted semi trailers on the property 14 need to be cleaned up. It was also noted that the abandoned home on University A venue and 15 Andover Boulevard will be demolished soon. 16 17 Next on the tour was Shadowbrook Park. Mr. Berkowitz explained to the Council where the 18 Clear Wire sites for wireless internet could be located behind the playground set and trees to hide 19 it from view. 20 21 Mr. Berkowitz stated the cell tower would be a monopole 120 feet high with collocation for 22 multiple users. He explained the pole will be the same color as the fencing in the park. He 23 eXplained they are looking at a total of five towers in the south part of the City where most of the 24 population is located at. Mr. Dickinson noted it would not be brought into the northern part of 25 the City since it would not be cost effective to bring it into rural areas of the city. 26 27 The Council went to Andover Station South and looked at the pond. Mr. Neumeister asked the 28 Council to take some time to try to vision what they would like done to the area. Councilmember 29 Knight suggested they engage the business area to do more for the community. They could have 30 kiosk pads with grass islands, a wandering path along the pond with eating areas and possibly 31 some special events a couple times a year. He also suggested a farmers market. 32 33 The Council viewed the WDE Landfill and was told there will be a pilot project at this site which 34 will take the vapor gases out of the hazardous pit, condense it to a liquid form and hauled to a 35 Wisconsin facility for recycling. 36 37 The last stop on the tour was 149th where there was discussion about an intersection where an 38 accident occurred with a car and bicyclist. Mr. Berkowitz explained residents want this to be a 39 four way stop but he thought the problem was with the trees. He explained the trees needed to be 40 trimmed back or removed because they create a site issue. He indicated this intersection does not 41 meet warrants for a four way stop. He stated staff will contact the residents to have the trees 42 trimmed or possibly removed. 43 44 The Council returned to City Hall at 7:35 p.m. where the workshop was continued. Andover City Council Workshop Meeting Minutes - September 22, 2009 Page 4 1 2 3 COMMUNITY CENTER UPDATE & 2010 PROPOSED BUDGET PRESENTATION 4 5 Mr. Erick Sutherland, Recreational Facilities Manager, Mr. Frank Kellogg, Community Center 6 Advisory Commission Chair and Park Commission Chair and Community Center Advisory 7 Commissioner Ted Butler were at the meeting. 8 9 Mr. Sutherland updated the Council on the Community Center, planned events and the 2010 10 proposed budget. 11 12 Councilmember Jacobson asked what Mr. Sutherland thought about the estimate for salaries and 13 benefits for 2009 is $274,000 and estimated for 2010 is $286,000 and based on what is 14 happening at City hall with layoffs and salary freezes, increasing salaries at the Community 15 Center. Mr. Sutherland stated they are including outdoor concession staff in the budget and then 16 will get moved out to the different parks. Mr. Dickinson stated overall they will see a salary 17 benefit going down. Working with the Community Center relative to the furlough they are doing 18 things differently there. They are working through scheduling and doing types of rescheduling in 19 lieu of the furlough to achieve savings. 20 21 Councilmember Knight stated as the numbers increase and if the supervision does not increase 22 the City liability keeps going up. This concerns him. Mr. Kellogg stated they did look at other 23 community centers in the area for comparisons. Their percentages are roughly ten to fifteen 24 percent less daily than those facilities. Councilmember Trude stated when they look at the 25 revenue projections it is on budget as compared to other City revenues. 26 27 Councilmember Jacobson stated it was his understanding that when they took over the sales at 28 Sunshine Park they had to purchase a lot of equipment and even with sales they came out 29 negative. He wondered ifthe equipment will be paid for and will this help with the net income. 30 Mr. Dickinson stated everything will be paid for in the first year and for next year they are 31 projecting excess revenues. Those funds will be put back into the park. 32 33 Bother Mr. Sutherland and Mr. Dickinson expressed their disappointment relative to field 34 scheduling at Andover Station North. The current scheduling is not conducive to generating 35 concession sales. 36 37 Park Commission Chair Butler stated that is something the Park Commission could look at for 38 next year when the associations come to the Park Commission for scheduling of the fields. 39 40 Councilmember Knight stated they have a supervision problem at the Community Center and 41 Cindy is working on getting volunteers to help with this. 42 43 Mayor Gamache stated on the field house the revenue on the Performa looked good but he 44 wondered from January through April it looked pretty well booked so the slow down time is the Andover City Council Workshop Meeting Minutes - September 22, 2009 Page 5 I summer. He wondered if there were any ideas to get that last $15,000. Councilmember Trude 2 stated she heard from someone at Fun Fest regarding tennis at the field house and she did not 3 know they were equipped for this. Mr. Sutherland stated he did email the school about this and 4 have not heard anything back. S 6 Mr. Sutherland stated they already do the home show and he thought maybe they should identify 7 other shows of some sort to host for extra revenue. Councilmember Bukkila suggested they 8 could have one day where they could get all of the community based organizations together for 9 an open house. Mr. Kellogg thought they hit a niche when they identified their field trips. This 10 brings in a lot of revenue. 11 12 Mayor Gamache asked if advertising struggles were still in the ice arena and field house. Mr. 13 Sutherland stated that was correct. 14 15 Mr. Tony Howard asked if the Community Center would be willing to offer free walking time in 16 exchange for rink attendants. Mr. Sutherland stated they could work this out with them. 17 Councilmember Knight thought it would be a good idea to get shirts for the volunteers to wear 18 also. Councilmember Trude thought they could also work with the Lions Club for volunteering. 19 20 Councilmember Trude stated if they will not be able to get volunteers she thought they will need 21 to hire people for supervisors. She thought another option would be for every ten hours of free 22 meeting room space they could get volunteer time. 23 24 Councilmember Bukkila thought if they had people make a monetary deposit and if they 25 volunteer they would get the money back. 26 27 28 DISCUSS HAWKRIDGE PARK/09-18 29 30 Mr. Berkowitz updated the Council on Hawkridge Park. 31 32 Mr. Berkowitz wondered what the Council wanted to do with the hockey rink. Council previously 33 stated they wanted to keep the hockey rink there for this year. They have made several attempts to 34 contact the St. Francis Hockey Association and they have not had any calls returned along with a 35 cancelled meeting by St. Francis. He noted St. Francis is working with Oak Grove on a facility and 36 they may not need the hockey rink at Hawkridge Park if this happens. 37 38 Councilmember Trude thought the approach they needed to take was what the residents in the 39 community needs. She thought they might want to look at removing Crooked Lake School rinks 40 because the school is slated to close if needed. Mr. Howard stated they use the rink three days a 41 week but the open skate is not used as often. 42 43 Mr. Berkowitz stated North Metro wants to see a layout and cost estimates before they go forward. 44 He stated an irrigation system will need to be placed in the park to make this work. Andover City Council Workshop Meeting Minutes - September 22, 2009 Page 6 1 2 Mr. Howard stated they hoped to get the hockey rink by City Hall ready for use next winter. He 3 stated they had a lot of problems with grading and the Watershed District. 4 5 Councilmember Jacobson stated if they get rid ofHawkridge Park hockey rink they will need to have 6 the hockey rink on Crosstown ready to go. Mr. Howard stated it may be just one sheet available by 7 next year but have decided to subsidize some of their players rather than spend on the new sheets. 8 9 Councilmember Knight stated he has heard from some of the residents up by Hawkridge to leave the 10 rink up for recreational use. 11 12 Park Chair Butler stated there has been some discussion within the Park Commission to put a rink at 13 Rose Park and not having it at Crooked Lake. His concern is the residents around Hawkridge and 14 how concerned they were about removing the rink. 15 16 Councilmember Jacobson asked if there was cost difference between a hockey rink and recreational 17 skate rink. Mr. Berkowitz stated they would need to replace the boards at Hawkridge if it remains. 18 19 Mr. Berkowitz stated they are looking at this because of a budget issue along with two new rinks 20 potentially coming in and a lot of the people that approached the Park Commission were from St. 21 Francis that said they were willing to help out. Now Oak Grove is working with St. Francis for their 22 rinks. 23 24 Mr. Butler stated the people that showed up at the Park meeting were Andover residents and their 25 kids went to school in St. Francis. 26 27 Mr. Dickinson stated the main question is the warming house and rink attendants and if they want to 28 maintain those. 29 30 Councilmember Bukkila thought with the nF Districts falling out in 2012 they could take the extra 31 money and put it in parks and things like this but she wondered what they do until then. Mr. 32 Dickinson stated they try to maintain until then. 33 34 Councilmember Trude wondered ifthey could hold off on redoing some of the non-ADA parks to try 35 to maintain the park equipment that needs replacing such as the hockey boards. Mr. Dickinson stated 36 when they do build outs of parks it is not always dependant on park dedication fees, they generally 37 want to do it in conjunction of new development of parks. 38 39 Councilmember Jacobson stated they have the ability to bond and in 2010 if they bonded enough to 40 put in irrigation and new boards would they be able to make the bonds payable in 2012 when the TIP 41 District comes offline. Mr. Dickinson stated this would not be eligible to bond for. 42 43 Council direction to staff was to keep the rink open for the coming winter season and figure out 44 financially how things will go next year with planning of the park reconstruction. ---- Andover City Council Workshop Meeting Minutes - September 22, 2009 Page 7 1 2 3 DISCUSS ANDOVER HUSKIES YOUTH HOCKEY ASSOCIATION LETTER 4 5 Mr. Tony Howard, President of Andover Husky Youth Hockey Association, requested Council help 6 with rink attendants at Hawkridge, Crooked Lake and Prairie Knoll Park. He reviewed his request 7 with the Council. 8 9 Mr. Howard thought they could use High School Juniors and Seniors who need to fulfill their 10 Community Service volunteer time at the parks as attendants. Mr. Dickinson stated they would need 11 background checks done which cannot be done on a minor and they would also need to arm them 12 with a city radio. He stated the City would be working with volunteers, the City is ultimate liable if 13 the volunteer does something wrong and that is why he would like them to have employees, if they 14 are going to take on the liability, he would like to own the responsibility. 15 16 Councilmember Trude asked if cutting back the park budget includes the reduced mowing of the 17 parks because this does affect public service. She wondered if there is something else they could 18 have traded out in order to maintain the parks. 19 20 Councilmember Trude wondered if they could just staff Saturdays and have the hockey association 21 staff the rinks during the week. 22 23 Mr. Kellogg stated he understood the budget constraints but they have a seven million dollar facility 24 that the Hockey Association is debt servicing for thirty years and then the capital asset is the city's 25 and he wondered what other organization out there in the community provides them with that 26 support and whatever they can do, within reason, to support their best client and customer is 27 something they should strongly look at. 28 29 Councilmember Knight thought they could cut the hours a little bit to keep the costs down. Keep the 30 warming house open with attendants and closed without attendants for open skate. 31 32 Councilmember Trude wondered if they could allocate $5,000 to schedule prime weekend hours and 33 the hockey association could schedule the rest. 34 35 Mr. Dickinson asked ifthis is something the Council wanted to put back on the table for continued 36 discussion of the budget. 37 38 Mr. Howard thought they could try to look at helping pay the costs for the warming house at 39 Hawkridge Park. Councilmember Trude thought it would be better to take that money to help cover 40 the costs of the new hockey rinks by City Hall. 41 42 The Council wanted to put the rink attendant funding back on the table for budget discussion. 43 44 Mr. Howard thought it has been well documented in Mr. Haas' handout and he just took a look at ----- Andover City Council Workshop Meeting Minutes - September 22, 2009 Page 8 1 what the associations used for lighting costs and as a resident just looking at the lighting costs, the 2 associations should be allocated for this and not covered by the City. He thought there should be a 3 fee to use the facility so the City could recoup the lighting costs which could be used for other things 4 in the City. This is a cost associated with the individual associations, not the City as a whole. 5 6 Mayor Gamache stated the Council understood the issues but hockey has always been different and 7 requires more expensive facilities. 8 9 Councilmember Trude thought they could have the associations charge outside groups for use of the 10 fields when playing games and tournaments. 11 12 13 SINGLE FAMILY RESIDENTIAL MARKET VALUE PRESERVATION PROGRAM 14 PROGRESS REPORT 15 16 Mr. Dickinson updated the Council on the Single Family Residential Market Value Preservation 17 Program. 18 19 Councilmember Trude thought they should add something to the newsletter to encourage people to 20 call if they are renters. 21 22 Councilmember Bukkila stated when she searches for properties she is finding thirty to forty 23 properties advertised each time from various sources. She thought they were building a viable 24 program in the beginning and even though it seems to be labor intensive she would rather see it be 25 established with minimal numbers and participation so the City has control of it. She stated they 26 have seen through meetings and open forum that people are having issues and they are seeing a 27 positive impact on the community as a whole by involving law enforcement and other things. She 28 thought they were building a concrete foundation so they can deal with the problems as they come in 29 and if they let it go now they will lose ground because they are not established or up and running on 30 the crime mapping. They are dealing with homeowners and code enforcement plus the rentals. They 31 are not isolating a certain group but they are dealing with the whole big picture and it involves law 32 enforcement and all the other issues. 33 34 Mr. Dickinson stated the crime mapping will look like the School District mapping and will be a 35 valuable tool whether they use it for single family rental. The tool will also be valuable to law 36 enforcement. 37 38 Councilmember Trude thought Mr. Neumeister was spending too much time on this and she would 39 rather have him working on EDA related items creating a tax base. Councilmember Bukkila thought 40 Angie Perera was the main person working on this and without this she would not have much to do. 41 42 Mr. Dickinson stated he understood the concern but indicated they are committed to work on this for 43 two years and are making progress but ifthe Council wanted to pull the plug they needed to let him 44 know. Mr. Dickinson also indicated that Community Development is also busy with code ------ Andover City Council Workshop Meeting Minutes - September 22, 2009 Page 9 1 enforcement. 2 3 Councilmember Knight thought they needed to keep it in balance and perspective because there are 4 other things to do. 5 6 7 2010 BUDGET DEVELOPMENT PROGRESS REPORT 8 9 Mr. Dickinson reviewed the 2010 budget development staff report with the Council. 10 11 Mayor Gamache asked in 2010 if there is anything the Legislature could take away from the City. 12 Mr. Dickinson explained that the only thing he saw in the future would be the dollars that could go 13 away are recycling dollars. He thought that was about all that could be cut. 14 15 Councilmember Trude thought Alexandra House needed to stay at $10,000 since there is a lot of 16 domestic abuse out there right now. 17 18 Mr. Dickinson discussed the debt service levy percentages and some proposed options to generate 19 available funding with the Council. 20 21 Mr. Dickinson stated option #2 showing $252,618.00 is maxing out the market value homestead 22 credit but allowing them to do that by removing funds from debt service to operations and doing it 23 via a special levy. They have the levy authority on debt service. The preliminary levy was based on 24 three percent gross levy increase. The three percent levy number already reduced the community 25 center debt service number by $100,000.00. The Council has significant authority to levy for more 26 debt but based on the reserve fund management they do not need to levy for it all. 27 28 Councilmember Trude stated going with the three percent earlier in the month allows them to 29 recapture unallotments up to the $547,000. Mr. Dickinson stated they do not need to go to the three 30 percent and what he was hearing was they wanted to reduce from the three percent to another number 31 and the best baseline he had was 2.48% because they had all the staff work done getting to that 32 percentage. 33 34 Councilmember Trude indicated she liked what was presented since this gives them some money to 35 work with and to apply to unfunded items. 36 37 Mr. Dickinson stated the Council has latitude and they need to decide where they wanted to be. He 38 indicated that staff will achieve whatever target the Council sets. 39 40 Councilmember Bukkila asked when Mr. Dickinson added back Youth First and Alexandra House is 41 this including what he has already allotted towards that or is that simply to back up anything that 42 charitable gambling does not produce. Mr. Dickinson stated he would pull the reliance on the 43 charitable gambling fund out, what he would prefer to do with charitable gambling is to figure out 44 what projects will be funded at the end of 2009 for 2010 on available funds at that time. He stated Andover City Council Workshop Meeting Minutes - September 22, 2009 Page 10 1 this also opens up another option for funding public safety purchases. 2 3 Mayor Gamache stated one of the Council's goals is to get rid of the furlough. 4 5 Councilmember Bukkila stated she did not think they needed to put back the entire $22,000 for rink 6 attendants and she did not have an appetite for increasing them back to the dollar amount for 7 Alexandra House. She thought they were headed in the right direction when they minimized some of 8 the expenses. They had the earlier discussion about rink attendants and part time, she thought they 9 were on the right path with that and then all of a sudden they are talking about an explosion of 10 money needed. 11 12 Councilmember Trude stated option one is what they know they have with the open space bonds 13 where they are at. Anything Mr. Dickinson can do better than the $162,900 helps them with the 14 other things and she did not want to count on the exact dollar amount indicated. She would rather 15 get rid of the furlough, add back the rink attendants and then put the rest into a reserve fund. She 16 stated by agreeing to option one hoping there could be as much money as in option two but count on 17 reducing the furlough and see what happens to the bond settlement before doing the rest. 18 19 Councilmember Knight thought they needed to keep Alexandra House at $10,000 because that was 20 important. 21 22 Mayor Gamache stated he wanted to get the furlough removed by 2010 if possible. He stated the 23 employees have taken a cut in time, salary freezes and insurance costs will probably increase and he 24 did not want to burden the employees anymore than they already have. 25 26 Councilmember Jacobson stated he was not too sure about this because of the large amount of money 27 involved. Councilmember Bukkila agreed and stated she wanted to look at this further. 28 29 Councilmember Trude stated she likes to have a contingency in place for things that come up. 30 31 Mr. Dickinson stated they could take the furlough off and put some money in for contingency and 32 reduce the number below 2.48%. His goals were to find out what target percentage the Council 33 wanted and if there are specific things the Council wanted to look at adding back into the budget or 34 to just leave it the way it is and just reduce the levy. 35 36 Councilmember Jacobson thought 2.48% was good and the Council indicated they wanted to be at 37 2.48% or less. 38 39 Mayor Gamache stated he wanted to eliminate the furlough and would not budge on that. 40 Councilmember Trude agreed. 41 42 Councilmember Knight asked if they reduce the furlough by 25% what would happen. Mr. 43 Dickinson stated they could fall below 2%. Councilmember Jacobson thought they should see where 44 things are going in 2010 and reinstitute those hours back and they do not have to do that exactly on Andover City Council Workshop Meeting Minutes - September 22, 2009 Page 11 1 January 1,2010. Councilmember Trude thought it was unfair to put all this on the back of the 2 employees because they have cut significant staffing in previous years, going from mid 60's to low 3 50's. 4 5 Councilmember Knight asked what if they decided to do something with the Hockey Association, 6 where would the money come from. Mr. Dickinson stated they could go back into what was 7 currently approved and reduce the swap out of outdated equipment in their park and allocate from 8 that. He indicated that was not his preference because they are so far behind on replacing outdated 9 equipment already. 10 11 12 2010 SPECIAL REVENUE, DEBT SERVICE, CAPITAL PROJECT, ENTERPRISE & 13 INTERNAL SERVICE FUNDS BUDGET PRESENTATION 14 15 Mr. Dickinson reviewed the staff report with the Council. He indicated he would be happy to review 16 these budgets individually with Councilmembers. 17 18 19 2010-2014 CAPITAL IMPROVEMENT PLAN DEVELOPMENT PROGRESS REPORT 20 21 Mr. Dickinson handed out the CIP development progress report to the Council. The adoption 22 process will be initiated in October. 23 24 25 OTHER DISCUSSION 26 27 There was none. 28 29 30 RECESS 31 32 The City Council recessed at 10:30 p.m. to go into a closed session to discuss an Open Space 33 land negotiation - PID 07-32-24-12-0001. 34 35 RECONVENE AND ADJOURNMENT 36 37 The Council reconvened at 10:50 to adjourn the Workshop. 38 39 Motion by Jacobson, Seconded by Knight, to adjourn. Motion carried unanimously. The meeting 40 adjourned at 10:50 p.m. 41 42 Respectfully submitted, 43 44 Susan Osbeck, Recording Secretary C I T Y o F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 · (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers . CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: October 6, 2009 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $143,810.51 on disbursement edit list #1-#5 from 09/18/09 -10/01/09 have been issued and released. Claims totaling $158,599.16 on disbursement edit list #6 dated 10/06/09 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REOUESTED The Andover City Council is requested to approve total claims in the amount of $302,409.67. Please note that Council Meeting minutes will be used as documented approval. 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Berkowitz, Director of Public Works /City Engineer SUBJECT: Receive Assessment Roll/Order Public Hearing/09- 02/2009 Street Reconstruction - Engineering DATE: October 6, 2009 INTRODUCTION The City Council is requested to receive the assessment roll and approve the resolution for the hearing on the proposed assessment for Project 09 -02, 2009 Street Reconstruction. DISCUSSION The north half of the Woodland Meadows development was reconstructed this summer as part of the 2009 Street Reconstruction program (see attached location map). In accordance with the Roadway Reconstruction Assessment Policy, twenty -five percent (25 %) of the total project costs are being assessed to the benefiting properties. The total project cost is $795,809.79. Of this total, $198,952.38 is to be assessed to the benefiting properties. The remaining project costs will be funded by the City. The feasibility report identified the estimated assessment at $6,280.00 per lot. The actual assessment rate per lot based on final construction costs is $5,377.09. The Assessment Roll is on file in the City Clerk's office for review. BUDGET IMPACT Seventy -five percent (75 %) of the total project costs for the street reconstruction project will be funded from the City's Road & Bridge Fund ($596,857.41) and the remaining 25% of the total project costs will be assessed to the benefiting properties ($198,952.38). ACTION REQUIRED The City Council is requested to receive the assessment roll and approve the resolution for the hearing on the proposed assessment for Project 09 -2, 2009 Street Reconstruction. The Public Hearing would be scheduled for the November 4, 2009 City Council meeting. Respectfully submitted, David D. Berkowitz Attachments: Resolution, Location Map c.c. Mark Pitman, 2023 175 th Lane NW 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 PROJECT NO. 09 -2 2009 STREET RECONSTRUCTION . WHEREAS, by a resolution passed by the City Council on September 15, 2009 the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 09 -2 . WHEREAS, the City Clerk has notified the Council that such proposed assessment 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 4th day of November , 2009 , 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 improvements 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 she shall state in the notice the total cost of improvement. 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 hearings. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6 th day of October , 2009 with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk A Kb Capital Improvement Plan 6V Project Name: ANNUAL MILL AND OVERLAY (2009) WOODLAND MEADOWS - NORTH HALF Epq W�p N�p'p S N Location Map ," 1 L E G E N D w Project Location S Lots /Parcels Park 0 385 770 1.540 Water Feet Right of Way city Limits k C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members Q�>� CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Receive Assessment Roll/Order Public Hearing/08- 37/157 Avenue NW Reconstruction (MSAS 102) - Engineering DATE: October 6, 2009 INTRODUCTION The City Council is requested to receive the assessment roll and approve the resolution for the hearing on the proposed assessment for Project 08 -37, 157 Avenue NW Reconstruction (MSAS 102). DISCUSSION Reconstruction of 157 Avenue NW from Prairie Road NW to University Avenue NW has been completed. A portion of the project is to be assessed to benefiting properties. The feasibility report identified two separate assessments. One assessment is for properties within the MUSA (Metropolitan Urban Service Area) boundary (potential urban lots) and the second assessment is for properties outside the MUSA. In accordance with City Council direction and as identified in the City's Assessment Policy, twenty percent (20 %) of the total project cost associated with this project is being assessed to the benefiting properties. The total project cost is $432,330.06, with $72,376.04 to be assessed to the benefiting properties. The feasibility report and actual assessment rates are as follows: Feasibility Actual • Parcels in the MUSA(19 units, 9 existing lots and 10 potential) $1,490.00 $896.32 • Parcels outside the MUSA(18 units, 15 existing units and 3 potential) $5,110.00 $3,074.78 At the September 15, 2009 regular scheduled City Council meeting, the Council directed staff to defer the potential lot assessments. The details of the deferral will be directed after the public hearing which will be held at the regular scheduled City Council meeting on November 4, 2009. The Assessment Roll is on file in the City Clerk's office for review. BUDGET IMPACT The reconstruction project is funded from the City's Road & Bridge Fund and 20% will be assessed to the benefiting properties. The deferred assessments will be carried by the City. Mayor and Council Members October 6, 2009 Page 2 of 2 ACTION REQUIRED The City Council is requested to receive the assessment roll and approve the resolution for the hearing on the proposed assessment for Project 08 -37, 157 Avenue NW Reconstruction (MSAS 102). Respectfully submitted, �..-.'� 0 David D. Berkowitz Attachments: Resolutio 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 PROJECT NO. 08-37 T11 AVENUE NW RECONSTRUCTION (MSAS 102) WHEREAS, by a resolution passed by the City Council on September 15, 2009 the City Clerk was directed to prepare a proposed assessment of the cost of the improvement for Project No. 08 -37 . WHEREAS, the City Clerk has notified the Council that such proposed assessment 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 4 day of November , 2009 , 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 improvements 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 she shall state in the notice the total cost of improvement. 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 hearings. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 6 day of October , 2009 with Councilmembers voting in favor of the resolution, and Councilmembers voting against, whereupon said resolution was declared passed. CITY OF ANDOVER ATTEST: Michael R. Gamache - Mayor Michelle Hartner — Deputy City Clerk 5. C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US To: Mayor and Council Members CC: Jim Dickinson, City Administrator David D. Berkowitz, Director of Public orks /City Engineer From: Kameron Kytonen, Natural Resources Technician Subject: Accept CCWD Demonstration Grant /09- 31/Meadow Creek Estates Rain Garden Project - Engineering Date: October 6, 2009 INTRODUCTION The City Council is requested to accept a grant through the Coon Creek Watershed District (CCWD) to help facilitate a water quality improvement project in the Meadow Creek Estates Development on the west side of Crooked Lake. DISCUSSION The City is working collaboratively with other agencies including the CCWD and Anoka Conservation District (ACD) in improving the water quality of Crooked Lake. One way to do this is through the design and construction of rain gardens. Rain gardens are shallow depressions planted with deep- rooted native vegetation that collect and treat storm water. The storm water that is not used by the plants is allowed to naturally infiltrate into the ground instead of running off into the lake. There are four property owners interested in having rain gardens installed in front of their properties. The City will draft maintenance agreements with them, which will require them to maintain the integrity of the rain gardens. BUDGET IMPACT The estimated total cost of the project is $15,000. The grant is in the amount of $7,000, which will be used to pay for construction of the rain gardens and for the plant material. The grant request will be matched through in -kind services, which includes time spent on the project by city staff (including the value of equipment usage), ACD staff and volunteers. ACTION REQUESTED It is requested that the City Council accept the CCWD grant. Re e tfully su fitted, ameron Kyton Natural Resources Technician C I T Y O F ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrat FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Consider Approval Application for Exempt Permit/Andover Lions Club DATE: October 6, 2009 INTRODUCTION The Andover Lions Club have submitted an application for a raffle at an event they are hosting on October 24, 2009 at Andover High School, 2115 Andover Blvd. NW, DISCUSSION Council can either a) approve the application with no waiting period; b) approve the application with a 30 day waiting period; or c) deny the application. ACTION REQUIRED The City Council is requested to consider approval of the application with no waiting period. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Application Minnesota Lawful Gambling Page 1 of 2 7/09 Application fee LG220 Application for Exempt Permit If application Dostmarked or received: An exempt permit may be issued to a nonprofit organization that: less than 30 days more than 30 days - conducts lawful gambling on five or fewer days, and before the event before the event - awards less than $50,000 in prizes during, a calendar year. I $100 $50 ORGANIZATION INFORMATION check# $ • V Organization name Previous gambling permit number Type of nonprofit organization. Check one. ❑❑ Fraternal Religious ❑Veterans ®Other nonprofit organization Mailing address City State Zip Code County Name of chief executive officer (CEO) Daytime phone number Email address Attach a copy of ONE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. F Ell Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651 - 296 -2803 IRS income tax exemption 1501(c)] letter In your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877 - 829 -5500. ❑❑ IRS - Affil llate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. ® IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) Address (do not use PO ox) City Zip Code County `u d ' Date(s) of activity (for raffles, indicate the date of the drawing) &t Check the box or boxes that indicate the type of gambling activity your organization will conduct: ❑ Bingo* XRaffles ❑Paddlewheels* ❑Pull -Tabs* ❑Tipboards* * Gambling equipment for pull -tabs, bingo paper, tipboards, and Also complete paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct bingo. FiN =in& Prinf Form To find i'licensed distributor, go to www.gcb.state.mn.us and click on List Reset Form of Licensed Distributors, or call 651 - 639 -4076. LG220 Application for Exempt Permit Page 2 of 2 7i09 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official is not required to sign the application. _The application is acknowledged with no waiting period. _The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after SO period, and allows the Board to issue a permit after 30 days (60 days for a 1 st class city). days. The application is denied. The application is denied. Print county name Print city name On behalf of the county, I acknowledge this application. On behalf of the city, I acknowledge this application. Signature of county official receiving application Signature of city official receiving application Title Date (Optional) TOWNSHIP: On behalf of the township, I Title Date / % acknowledge that the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date / / CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is con to apf accur to to the best of my knowledge. I acknowledge that the financial report will be completed a ri d t Boadd wit s of the date of our gambling activity. �y Chief executive officer's signature On Date al WaP Complete a separate application for each gambing activity: Financial report and recordkeeping required - one day of gambling activity, A financial report form and instructions will be sent with - two or more consecutive days of gambling activity, your permit, or use the online fill -in form available at - each day a raffle drawing is held www.gcb.state.mn.us. Within 30 days of the activity date, Send application with: complete and return the financial report form to the - a copy of your proof of nonprofit status, and Gambling Control Board. -application fee for each event. Questions? Make check payable to "State of Minnesota." Call the Licensing Section of the Gambling Control To: Gambling Control Board Board at 651- 639 -4076. 1711 West County Road B, Suite 300 South Roseville, MN 55113 Fill Iri &Print Form' Reset Form Data privacy. This form will be made available the Board will be able to process your Board staff whose work requires access to the in aftemative format (.e. large print, Braille) application. Your name and and your information; Minnesota's Department of Public upon request. The information requested on organization's name and address will be public Safety; Attorney General; Commissioners of this form (and any attachments) will be used by information when received by the Board. AN Administration, Finance, and Revenue; the Gambling Control Board (Board) to the other information you provide will be private Legislative Auditor, national and international determine your qualifications to be involved in data until the Board issues your permit. When gambling regulatory agencies; anyone pursuant lawful gambling activities in Minnesota. You the Board issues your permit, all of the to court order; other individuals and agencies have the right to refuse to supply the information provided to the Board will become that are specifically authorized by state or information requested; however, if you refuse to public. If the Board does not issue a permit, all federal law to have access to the information; supply this information, the Board may not be information provided remains private, with the individuals and agencies for which law or legal able to determine your qualifications and, as a exception of your name and your organization's order authorizes a new use or sharing of consequence, may refuse to issue you a permit. name and address which will remain public. information after this Notice was given; and If you supply the information requested, Private data are available to: Board members, anyone with your consent. C I T Y O F N 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US J TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Cindy DeRuyter SUBJECT: Recycling Agreement with Anoka County and the City of Andover DATE: October 6, 2009 INTRODUCTION The purpose of this agreement is to provide cooperation between the County and the Municipality to implement the solid waste recycling program in the Municipality by funding it. DISCUSSION The County assists Andover in meeting recycling goals established by the Anoka County Board of Commissioners by providing SCORE funds to the City Of Andover for solid waste recycling programs. ACTION REQUIRED The City Council is asked to review and sign the Agreement for The Residential Recycling program. C i Respectfully submitted, Cindy DeRuyter, Recycling Coordinator Attachment Anoka County Contract # 2008 -0290 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM THIS • AGREEMENT made and entered into on the 1st day of January, 2009, notwithstanding the date of the signatures of the parties, between the COUNTY OF ANOKA, State of Minnesota, hereinafter referred to as the "COUNTY ", and the CITY OF ANDOVER, hereinafter referred to as the "MUNICIPALITY ". WITNESSETH: WHEREAS, Anoka County will receive $404,863 in funding from the Solid' Waste Management Coordinating Board and the State of Minnesota pursuant to Minn. Stat. § 115A.557 (hereinafter "SCORE funds ") prior to the effective date of this Agreement; and WHEREAS, Anoka County anticipates .receiving an additional $404,863 in SCORE funds in the spring of 2009; and WHEREAS, the County wishes to assist the Municipality in meeting recycling goals established by the Anoka County Board of Commissioners by providing said SCORE funds to cities and townships in the County for solid waste recycling programs. NOW, THEREFORE, in consideration of the mutual covenants and promises contained in this Agreement, the parties mutually agree to the following terms and conditions: 1. PURPOSE. The purpose of this Agreement is to provide for cooperation between the County and the Municipality to implement solid waste recycling programs in the Municipality. 2. TERM. The term of this Agreement is from January 1, 2009 through December 31, 2009, unless earlier terminated as provided herein. 3. DEFINITIONS. a. '.'Problem material" shall have the m_ eaning set forth in Minn. Stat. § 115A.03, subdivision 24a. b. "Multi -unit households" means households within apartment complexes, condominiums, townhomes, mobile homes and senior housing complexes. C. "Opportunity to recycle" means providing recycling and curbside pickup or collection centers for recyclable materials as required by Minn. Stat. § 115A.552. d. "Recycling" means the process of collecting and preparing recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. e. "Recyclable materials" means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, fluorescent lamps, major appliances and vehicle batteries. 1 f. Refuse derived fuel or other material that is destroyed by incineration is not a recyclable material. g. "Yard waste" shall have the meaning set forth in Minn. Stat. § 115A.03, subdivision 38. 4. PROGRAM. The Municipality shall develop and implement a residential solid waste recycling program adequate to meet.the Municipality's annual recycling goal of 2,677 tons of recyclable materials as established by the County. The Municipality shall ensure that the recyclable materials collected are delivered to processors or end markets for recycling. a.. The Municipal recycling program shall include the following components: i. Each household (including multi-unit households) in the Municipality shall have the opportunity to recycle at least four broad types of materials, such as paper, glass, plastic, metal and textiles. ii. The recycling program shall be operated incompliance with all applicable federal, state, and local laws, ordinances, rules and regulations. iii. The Municipality shall implement a public information program that contains at least the following components: (1) One promotion is to be mailed to each household focused exclusively on the Municipality's recycling program; (2) One promotion advertising recycling opportunities available for residents is to be included in the Municipality's newslettef or local newspaper; and (3) Two community presentations are to be given on recycling. The public information components listed above must promote the focused recyclable material of the year as specified by the County. The County will provide the Municipality with background material on the focused recyclable material of the year. iv. The Municipality, on an ongoing basis, shall identify new residents and provide detailed information on the recycling opportunities available to these new residents. b. If the Municipality's recycling program did not achieve the Municipality's recycling goals as established by the County for the prior calendar year, the Municipality shall prepare and submit to the County by March 31, 2009, a plan acceptable to County that is designed to achieve the recycling goals set forth in this Agreement. 5.. REPORTING. The Municipality shall submit the following reports semiannually to the County no later than July 20, 2009 and January 20, 2010: a. An accounting of the amount of waste which has been recycled as a result of the Municipality's activities and the efforts of other community programs, redemption centers and drop -off centers. For recycling programs, the Municipality shall certify the number of tons of each, recyclable, material which has been collected and the number of tons of each recyclable material which has been marketed. For recycling programs run by other persons or entities, the Municipality shall also 2 provide documentation on forms provided by the County showing the tons of materials that were recycled by the Municipality's residents through these other programs. The Municipality shall keep detailed records documenting the disposition of all recyclable materials collected pursuant to this agreement. The Municipality shall also report the number of cubic yards or tons of yard waste collected for composting or landspreading, together with a description of the methodology used for calculations. Any other material removed from the waste stream. by. the Municipality, i.e. tires and used oil, shall also be reported separately. b. Information regarding any revenue received from sources other than the County for the Municipality's recycling programs., C. Copies of all promotional materials that have been prepared by the Municipality during the term of this Agreement to promote its recycling programs. The Municipality agrees to furnish the County with additional reports in form. and at frequencies requested by the County for financial evaluation, program management purposes, and reporting to the State of Minnesota. 6. BILLING AND PAYMENT. PROCEDURE.. The Municipality shall submit itemized invoices semiannually to the County for abatement activities no later than July 20, 2009 and January 20, 2010. Costs not billed by January 20, 2010 will not be eligible for funding. The invoices shall be paid in accordance with standard County procedures, subject to the approval of the Anoka County Board of Commissioners. 7. ELIGIBILITY FOR FUNDS. The Municipality is entitled to receive reimbursement for eligible expenses, less revenues or other reimbursement received; for eligible activities up to the project maximum as computed below, which shall not exceed $58,105.00. The maximum for eligible expenses shall be computed as follows: a. A base amount of $10,000.00 for recycling activities only; and b. $5.00 per household for recycling activities only. Notwithstanding any provision to the contrary, the County reserves the right to reduce the funding provided hereunder in the event insufficient SCORE funds are available. If the spring SCORE payment of $404,863 is not received or is reduced, the County may reduce the project maximum amount payable to the Municipality. The County will promptly notify the Municipality in the event that the project maximum will be reduced. 8. RECORDS. The Municipality shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Municipality shall maintain strict accountability. of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and, program income to final expenditure. The Municipality shall maintain records sufficient to reflect that all funds received under this 3 Agreement were expended in accordance with Minn. Stat. § 115A.557, subd. 2, for residential solid waste recycling purposes. The Municipality shall also maintain records of the quantities of materials recycled. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. 9. AUDIT. Pursuant to Minn. Stat. § 16C.05,. the Municipality shall allow the County or other persons or agencies authorized by the County, and the State of Minnesota, including the Legislative Auditor or the State Auditor, access to the records of the Municipality at reasonable hours, including all books, records, documents, and accounting procedures and practices of the Municipality relevant to the subject matter of the Agreement, for purposes of audit. In addition, the County shall have access to the project site(s), if any, at reasonable hours. 10. GENERAL PROVISIONS. a. In performing the provisions of this Agreement, both parties agree to comply with• all applicable. federal, state or local laws, ordinances, rules, regulations or standards established by any agency or special governmental unit which are now or hereafter prom_ ulgated insofar as they relate to performance of the provisions of this Agreement. In addition, the Municipality shall comply with all applicable requirements of the State of Minnesota for the use of SCORE funds provided to the Municipality by the County under this Agreement. b. No person shall illegally, on the grounds of race, creed, color, religion, sex, marital status,, public assistance status, sexual preference, handicap, age or national origin, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to unlawful discrimination under any program, service or activity hereunder. The Municipality agrees to take affirmative action so that applicants and employees are treated equally with respect to the following: employment, upgrading, demotion, transfer, recruitment, layoff, termination, selection for training, rates of pay, and other forms of compensation. C. The Municipality shall be responsible for the performance of all subcontracts and shall ensure that the subcontractors perform fully the terms of the subcontract. The Agreement between the Municipality and a subcontractor shall obligate the subcontractor to comply fully with the terms of this Agreement. d. The Municipality agrees that the Municipality's employees and subcontractor's employees who provide services under this agreement and who fall within any job classification established and published by the Minnesota Department of Labor & Industry shall be paid, at a minimum, .the prevailing wages rates as certified by said Department. .4 e. It is understood and agreed that the entire Agreement is contained herein and that this Agreement supersedes all oral and written agreements and negotiations between the parties relating to the subject matter hereof. f. Any amendments, alterations, variations, modifications, or waivers of this Agreement shall be valid only when they. have been reduced to writing, duly signed by the parties. g. Contracts let and purchases made under this Agreement shall be made by the Municipality-in conformance with all laws, rules, and regulations applicable to the Municipality. h. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to law, such decision shall not affect the remaining portion of this Agreement. . i. Nothing in this Agreement shall be construed as creating the relationship of co-' partners, joint venturers, or an association between the County and Municipality, nor shall the Municipality, its employees, agents or representatives. be considered employees, agents, or representatives of the County for any purpose. 11. PUBLICATION. The Municipality shall acknowledge the financial assistance of the County on all promotional materials, reports and publications relating to the activities funded under this Agreement, by including the following acknowledgement: "Funded by the Anoka County Board of Commissioners and State SCORE funds (Select Committee on Recycling and the Environment). 12. INDEMNIFICATION. The County agrees to indemnify, defend, and hold the Municipality harmless from all claims, demands, and causes of. action of any kind or character, including the cost of defense thereof, resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the County under this Agreement. The Municipality agrees to indemnify, defend, and hold the County harmless from all claims, demands, and causes of action of any kind or character, including the cost of defense thereof,' resulting from the acts or omissions of its public officials, officers, agents, employees, and contractors relating to activities performed by the Municipality under this Agreement. The provisions of this subdivision shall survive the termination or expiration of the term of this Agreement. 13. TERMINATION. This Agreement may be terminated by mutual written agreement of the parties or by either party, with or without cause, by giving not less than seven (7) days written notice, delivered by mail or in person to the other party, specifying the date 5 of termination. If this Agreement is terminated, assets acquired in whole or in part with funds provided under this Agreement shall be the property of the Municipality so long as said assets are used by the Municipality for the purpose of a landfill abatement program approved by the County. IN WITNESS. WHEREOF, the parties hereunto set their hands as of the dates first written above: .CITY OF ANDOVER COUNTY. OF ANOKA By: By: Dennis D. Berg, Chair Name: Anoka County Board of Commissioners Title: Date: Date: ATTEST: By: Municipality's Clerk Terry L. Johnson County Administrator Date: Date: Approved as to form and legality: Approved as to form and legality: Assistant County Attorney 6 C I T Y O F �• N DOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US s TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Approve On -Sale Liquor License /Andover Lanes DATE: October 6, 2009 INTRODUCTION Andover Lanes, 13633 Martin St. NW, has been sold and the new owners have applied for an On -Sale Liquor License. DISCUSSION Brandon Laubach and Aaron Maciej, new owners of Andover Lanes have applied for an On -Sale Liquor License and paid the appropriate fees. Approval of the license would need to be contingent upon a satisfactory background check by the Sheriff's Office. ACTION REQUIRED The City Council is requested to approve the above license for the period of October 7, 2009 through December 31, 2009; approval of the license would need to be contingent upon a satisfactory background check by the Sheriff's Office. Respectfully s ubmitted, Michelle Hartner Deputy City Clerk Attach: License Application C I T Y O F N"Dw 0 V E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US ON -SALE INTOXICATING LIQUOR LICENSE APPLICATION False Information Prohibited: No person shall make a false statement or material omission in a license application. Any false statement or material omission shall be grounds for denying or revoking a license. In answering the following questions, "Applicants" shall be governed as follows: For a Corporation, one officer shall execute this application for all officers, directors, and stockholders. For a Partnership, one of the "Applicants" shall execute this application for all members of the partnership. EVERY QUESTION MUST BE ANSWERED 1. I, ag�AlpjDvc­ M(CtfZ GA�o a First Middle Last j 44. for and on behalf of A Jbwe- dr- nn +n a Ce ereby apply for an On -Sale Intoxicating Liquor License to be located at 13633 Pi�iir+ 57" ; -w , City of Andover, County of Anoka, State of Minnesota, in accordance with the provisions of Minnesota Statues, Chapter 340, commencing , 20 and ending , 20 2. Applicant's date of birth_ Birthdates of Partners or Officers of Corporation 3. Applicant's Phone Number 4. The residence for each of the applicants named herein for the past five years is as follows: 5. Is the applicant a citizen of the United States? �� If naturalized, state date and place of naturalization: If a orporation or partnership, state citizenship of all officers or partners O. Ci777-1AIS 6. The person who executes this application shall give spouse's full name and address. J215�-�xi Gx�•ct�fl�FF 9: 7. What occupations have applicant and associates in this application followed in the past five years? �it.GTZ uvJ 8. If a partnership, state name and address of each member of partnership. If a corporation: Date of incorporation: State in which incorporated: r`►'t 11 Amount of authorized capitalization: Amount of paid capital: If a subsidiary of another corporation, so state: Name and address of all officers, directors, and stockholders, and the number of shares held by each: [,/.'llN►4(t'T� CAN >LA-�f � _... -y /dG-� ,�C12slZ 1� i(LrF7►� c^�L ilC _ __._.,. _ _ . _ _ �_ � �� •f'�iZot� lLll�l' -tom Jam° If incorporated under the laws of another state, is corporation authorized to do business in this state: Number of certificate of authority: (1(Q %2.3C> 9. On what floor is the establishment located, or to be located? �s� 10. Describe the premises to be licensed. 2-4 LCIO-e- .aid►% & -'4'r 11. Is the establishment located near an academy, college, university, church, elementary, middle school or high school? 41-% U State approximate distance of the establishment from such school or church: w. Ae . 12. Give name and address of owner of building establishment is to be located in. 4 A4 v.- (*M. Cep �r C N c, Has owner of building any connection, directly or indirectly, with applicant? "EJ 13. Are the taxes on the above mentioned property delinquent? t410 In accordance with City Code Title 3, no license shall be granted for operation or renewal on any premises on which taxes, assessment or other financial claims of the City are delinquent and unpaid. 14. State whether applicant or any of his associates in this application have ever had an application for a liquor license rejected by any municipality or state authority. ► z) If so, give date and details: 15. Has the applicant or any of his associates in this application during the five years immediately preceding this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances? NC, If so, give date and details: 16. State whether applicant or any of his associates in this application during the past five years were ever convicted of any law violations or any crime in this state or any other state or under Federal Laws. If so, give date and details: 17. State whether any person, other than applicants, has the right, title or interest in the furniture, fixtures or equipment in the premises for which license is applied; and, if so, give name and details: 18. Is the applicant or any of his associates in this application a member of the City Council in the municipality where this license is be issued? Igo If applicant for license is the spouse of a member of the governing body or where other family relationship exists, such member shall not vote on this application. 19. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the State of Minnesota? loo Give name and address of such establishment: 20. Furnish the name and address of at least three business references, including one bank reference: C � � K P47 Cz4 1c -r•a '76 -- 3�Y ° S� 21. What is the seating capacity of this establishment? 22. During what hours will food be available? 23. State the name of the person who will operate the restaurant. zkC " - - �c 24. State the name of the person who will operate the bar. 25. State the number of people the restaurant will employ. Z 26. Will food service be the principal business of this establishment? to <A - J 27. State rade name to be used. 28. If this restaurant is in conjunction with any other business (such as resort, etc.) describe such business. 29. How many years has this business been in operation under this ownership? fe 30. Does applicant intend to sell intoxicating liquor to other than the consumer? 0— 31. How many months of the year will this establishment be open? l2 32. Applicant and his associates in this application will strictly comply with all the laws of the State of Minnesota governing the taxation and sale of intoxicating liquor, rules and regulations, promulgated by the Liquor Control Commissioner, and all laws of the country, and I hereby certify that I have read the foregoing questions and that the answers to said questions are true to my knowledge. 33. Prior to consideration of the application an investigation shall be made by the county sheriff's department of all persons listed on the license application. Signature Date License Fees - Sunday Liquor License: $200.0 0 Receipt # _ /C,5�q - Intoxicating On -Sale: $5,250-.00 41, A `9 & 6 Intoxicating Off -Sale: $200.00 Wine Only: $500.00 Action by City Council: Approved Denied Date: AdLo Alcohol & Gambling Enforcement Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division (AGED) 444 Cedar Street, Suite 133, St. Paul, MN 55101 -5133 Telephone 651 -201 -7507 Fax 651- 297 -5259 TTY 651- 282 -6555 Certification of an On Sale Liquor License, 3.2% Liquor license, or Sunday Liquor License Cities and Counties: You are required by law to complete and sign this form to certify the issuance of the following liquor license types: 1) City issued on sale intoxicating and Sunday liquor licenses 2) City and County issued 3.2% on and off sale malt liquor licenses Name of City or County Issuing Liquor License AtjokA License Period From 1 0 1 (o 1 CYO_ To: Circle. One: New L� icen License Transfer Suspension Revocation Cancel (former licensee name) (Give dates) License type: (circle all that a pl) n Sale Intoxicator g un ay .ia> uor 3.2% On sale 3.2% Off Sale �PQ - �� � � Fee(s): On Sale License fee:$ 3 i� S Sunday License fee: $ 1 . 30 3.2% On Sale fee: $ 3.2% Off Sale fee: $ Licensee Name: nyylGa, C*4-ar fNG DOB Social Security # (corporation, partnership, LLC, or Individual) 1�° Business Trade Name EIA iv.ww,;k- e� t h Bu � siness Address C.3(a /,7' 5� NO City ,/& ,,,190 o- Zip Code %5364 County n&k.& Business Phone `7(„ ,j J(, St a l a1 Home Phone - - Home Address 1303 014rlin 5, /JL) City A &l doe.lr Licensee's MN Tax ID # (al Z 3 0 (To Apply call 651- 296 -6181) Licensee's Federal Tax ID # Z 01 S'! L 3 (,x (To apply call IRS 800 - 829 -4933) If above named licensee is a corporation, partnership, or LLC, complete the following for each partner /officer: _ Pa er /Officer Name (First Middle Last) D09 Social Sealrifv it 99me AddLqs (Partner /Officer Name (First Middle Last) B Social Security # Home Address Partner /Officer Name (First Middle Last) DOB Social Security # Home Address Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form. The insurance certificate must contain all of the following: 1) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license. 2) Cover completely the license period set by the local city or county licensing authority as shown on the license. Circle One: (Yes To During the past year has a summons been issued to the licensee under the Civil Liquor Liability Law? Workers Compensation Insurance is also required by all licensees: Please complete the following: Workers Compensation Insurance Company Name: •yr+z) V 4a):J L F - .j Policy # 0B D 07 6 j I Certify that this license(s) has been approved in an official meeting by the governing body of the city or county. City Clerk or County Auditor Signature Date (title) On Sale Intoxicating liquor licensees must also purchase a $20 Retailer Buyers Card. To obtain the application for the Buyers Card, please call 651- 215 -6209, or visit our website at www.dps.state.mn.us (Form 9011 -5/06) C I T Y 0 F 9. NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrato FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Consider Approval Application for Exempt Permit/The Way of the Shepherd DATE: October 6, 2009 INTRODUCTION The Way of the Shepherd has submitted an application for a raffle at an event they are hosting on November 14, 2009 at The Courtyards of Andover, 13545 Martin Street NW. DISCUSSION Council can either a) approve the application with no waiting period; b) approve the application with a 30 day waiting period; or c) deny the application. ACTION REQUIRED The City Council is requested to consider approval of the application with no waiting period. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Application Minnesota Lawful Gambling Page 1 o f 7/09 Application fee LG220 Application for Exempt Permit Ifapplication Dostmarked orreceived: An exempt permit may be issued to a nonprofit organization that: less than 30 days more than 30 days conducts lawful gambling on five or fewer days, and before the event before the event - awards less than $50,000 in prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION Check# $ Organization name Previous gambling permit number Type of nonprofitforganization. Check one. Fraternal Religious O Veterans Other nonprofit organization Mailing address City State Zip Code County Name of chief executive officer (CEO) Daytime phone number Email address TC)rn La 3 9 � 1 315 Attach a copy of ONE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. ❑ Nonprofit Articles of Incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651 - 296 -2803 F1 IRS income tax exemption 1501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877 - 829 -5500. F1 IRS . Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate. IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMATIN 'Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) O C , i b-e Address (do riot use PO box) City Zip Code County Z5 5 (Y ar4i n 5t 6 Q 55 SC4 Ario Kam„ Date(s) of activity (for raffles, indicate the date of the drawing) NoVembex H % 2_W C heck the box or boxes that indicate the type of gambling activity your organization will conduct: E] Bingo* lKaffles [] Paddlewheels* [] Pull -Tabs* E]Tipboards* * Gambling equipment for pull -tabs, bingo paper, tipboards, and Also complete paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 of this form. number selection devices may be borrowed from another organization authorized to conduct bingo. Frmt�ofin To find a licensed distributor, go to www.gcb.state.mn.us and click on List Reset Form` of Licensed Distributors, or call 651- 639 -4076. LG220 Application for Exempt Permit Page z of 2 7/09 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official is not required to sign the application. _The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. _The application is acknowledged with a 30 day waiting The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days (60 days for a 1 st class city). days. _The application is denied. The application is denied. Print city name Print county name On behalf of the city, I acknowledge this application. On behalf of the county, I acknowledge this application. Signature of county official receiving application Signature of city official receiving application Title Date / / (Optional) TOWNSHIP: On behalf of the township, I Title Date / / acknowledge that the organization is applying for exempted gambling activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date / I CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Boo# within 30 days of the date of our gambling activity. Chief executive officer's signature `� _,,, `ZA� Date 9 - 23 - 0? Complete a separate application for each gambing activity: Financial report and recordkeeping required - one day of gambling activity, A financial report form and instructions will be sent with - two or more consecutive days of gambling activity, your permit, or use the online fill -in form available at - each day a raffle drawing is held www.gcb.state.mn.us. Within 30 days of the activity date, Send application with: complete and return the financial report form to the - a copy of your proof of nonprofit status, and Gambling Control Board. - application fee for each event. Questions? Make check payable to "State of Minnesota." Call the Licensing Section of the Gambling Control To: Gambling Control Board Board at 651- 639 -4076. 1711 West County Road B, Suite 300 South p'rint Form ; Reset Fora Roseville, MN 55113 Data privacy. This form will be made available in the Board will be able to process your Board staff whose work requires access to the alternative format (i.e. large print, Braille) upon application. Your name and and your information; Minnesota's Department of Public request. The information requested on this form organization's name and address will be public Safety; Attorney General; Commissioners of (and any attachments) will be used by the information when received by the Board. All Administration, Finance, and Revenue; Gambling Control Board (Board) to determine your the other information you provide will be private Legislative Auditor, national and international qualifications to be involved in lawful gambling data until the Board issues your permit When gambling regulatory agencies; anyone pursuant activities in Minnesota. You have the right to the Board issues your permit, all of the to court order; other individuals and agencies refuse to supply the information requested; information provided to the Board will become that are specifically authorized by state or however, if you refuse to supply this information, public. If the Board does not issue a permit, all federal law to have access to the information; the Board may not be able to determine your information provided remains private, with the individuals and agencies for which law or legal qualifications and, as a consequence, may refuse exception of your name and your organization's order authorizes a new use or sharing of to issue you a permit. If you supply the name and address which will remain public. information after this Notice was given; and information requested, Private data are available to: Board members, anyone with your consent. C I T Y O F ( T ) A 9 N 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN. US TO: Mayor and Councilmembers FROM: Jim Dickinson, Executive Director SUBJECT: Approve Resolution - Call for Public Hearing on the Proposed Adoption of a Modification to the Development District No. 1 and the Proposed Adoption of the Modifications to the TIF Plans for TIF District Nos. 1 -1 & 1 -2 Redevelopment Districts DATE: October 6, 2009 INTRODUCTION As the City reaches the decertification dates of TIF District 1 -1 and 1 -2, City Administration would like to do some basic "housekeeping" to assure that the decertification and final close out reports for the TIF Districts goes smoothly. DISCUSSION A number of years ago (and Finance Directors ago), the budgets that were adopted for the TIF districts were under the true "pooling" concept, where the budget was not allocated by district, but by projects. Subsequent to the adoptions of those budgets, the Office of the State Auditor (OSA) is requiring the allocation by District instead of project. Since the new OSA requirement, there has been some confusion as to the most correct way to allocate the budgets. As a result, City Administration is recommending that the City Council start the process for a formal adoption of a budget modification to allocate and confirm the budgets according the new OSA requirement. ACTION REQUESTED Approve the attached resolution "Call for Public Hearing on the Proposed Adoption of a Modification to the Development District No. 1 and the Proposed Adoption of the Modifications to the TIF Plans for TIF District Nos. 1 -1 & 1 -2 Redevelopment' Respect ubmitted, J' ickinson ac ent CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RESOLUTION NO. RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. I AND THE PROPOSED ADOPTION OF THE MODIFICATIONS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1-1 AND 1 -2, BOTH REDEVELOPMENT DISTRICTS. BE IT RESOLVED by the City Council (the "Council ") for the City of Andover, Minnesota (the "City "), as follows: Section 1. Public Hearing This Council shall meet on November 17, 2009, at approximately 7:00 P.M., to hold a public hearing on the proposed adoption of a Modification to the Development Program for Development District No. I and the proposed adoption of the Modifications to the Tax Increment Financing Plans for Tax Increment Financing District Nos. 1 -1 and 1 -2 , which are referred to collectively herein as the "Modifications ", all pursuant to and in accordance with Minnesota Statutes, Sections 469.090 to 469.1082, Sections 469.124 to 469.134, and Sections 469.174 to 469.1799, inclusive, as amended, in an effort to encourage the development and redevelopment of certain designated areas within the City; and Section 2. Notice of Public Hearing Filing of Modifications City staff is authorized and directed to work with Ehlers & Associates, Inc., to prepare the Modifications and to forward documents to the appropriate taxing jurisdictions including Anoka County and Independent School District No. 11. The City Administrator is authorized and directed to cause notice of the hearing, together with an appropriate map as required by law, to be published at least once in the official newspaper of the City not later than 10, nor more than 30, days prior to November 17, 2009, and to place a copy of the Modifications on file in the City Administrator's office at City Hall and to make such copy available for inspection by the public. Dated: October 6, 2009 Adopted: Mike Gamache, Mayor ATTEST: Jim Dickinson, City Administrator " 1 C I T Y O F ND 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Y TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community D v ent 'rector FROM: Courtney Bednarz, City Planne SUBJECT: Presentation/ Two Rivers Community Land Trust/ Housing Rehabilitation in Andover — Planning DATE: October 6, 2009 INTRODUCTION Teresa VanderBent from Two Rivers Community Land Trust will make a brief PowerPoint presentation to the Council regarding the rehabilitation of two homes in Andover and their program in general. DISCUSSION Please note an open House has been scheduled to tour the homes for October 12, 2009 as shown below. • Rivers CLT Open House and Ho Date: 10/12/09 The renFouat� arecompiete! Time: 5:30 - 7:00 Join Two Rivers.CLT for,an operi house evening to showcase its first 2 homes for`sale in Anoka County.' • 732 140th Ln NW, Andover . Open ing- remarks.begin at'732 140th.Ln 6:00pm • 14360 Partridge . • Both homes open for tours from 5:30 = 7:00* Ai NW, . View before and after photos A • Refreshments provided RSVP is requested by October 8th. Contact Teresa vander- Tevo t Phone: 651- 994 -9194 x 201 COMMUNITY E -mail: teresa @tworivers.com LAND TRUST Visit www.tworiverscit.com for more information between homes on • own. The two homes are about five minutes apart. Directions fro 140th Ln, to Partridge St.: Travel to Prairie Rd and turn right (S). At Bunker Lake Rd. turn right (W). Con- tinue to Hanson Blvd and turn right (N), then left on Andover Blvd (W), At Crosstown Blvd turn left and continue past the high school to Partridge Ave. Turn Left and the home is on the corner. ACTION REQUESTED This is an informational item for the Council. R 9arz ed, ou ey Cc: Te resa VanderBent Two Rivers Community Land Trust P.O. Box 879 Stillwater,MN 55082 C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrat Will Neumeister, Community Develo ent Director FROM: Courtney Bednarz, City Plann* SUBJECT: Public Hearing/ Vacation of Drainage and Utility Easement/ 15956 Eagle Street NW — Planning DATE: October 6, 2009 INTRODUCTION The applicant is seeking to vacate a portion of the drainage and utility easement in the rear yard to allow more useable yard space. DISCUSSION The applicant has been working with the Engineering Department to determine what adjustments to the grading of the lot would be needed to allow additional useable yard space in the rear yard. The attached plan shows the modifications that are proposed. These modifications include additional grading of the lot and installation of a retaining wall. Utility Company Review The proposed vacation of easement was distributed to the various utility companies for their review to ensure that no conflicts with other utilities would be created by vacating the easement. There will be no conflicts with other utilities. STAFF RECOMMENDATION The Engineering Department has reviewed the proposed changes to the grading of the subject property and determined that they will provide adequate drainage of the property and allow the proposed portion of the easement to be vacated. The applicant will be required to provide an as- built survey once the project has been completed to ensure that the lot is graded according to the proposed plan. ACTION REQUESTED The Council is asked to hold a public hearing and to approve the proposed vacation of the drainage and utility easement subject to the conditions of the attached resolution. Attachments Resolution Easement Exhibit Location Map Re tted, z Cc: To Borgos 15956 Eagle Street NW CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION GRANTING THE VACATION OF A PORTION OF A DRAINAGE AND UTILITY EASEMENT ON LOT 8, BLOCK 1, PRAIRIE COVE LEGALLY DESCRIBED ON EXHIBIT A WHEREAS, the property owner has requested to vacate a portion of the existing drainage and utility easement on Lot 8, Block 1, of Prairie Cove to achieve additional useable rear yard space, and; WHEREAS, the property owner has provided a plan to the city for adjustments to the grading of the rear yard of the property to allow a portion of the existing drainage and utility easement to be vacated, and; WHEREAS, the Engineering Department has reviewed the proposed plan and proposed easement vacation and determined that the proposal will accommodate the drainage required by the Prairie Cove Plat, and; WHEREAS, a public hearing was held pursuant to City Code 8 -6, and; WHEREAS, the City Council finds the request would not have a detrimental effect upon the health, safety, moral, and general welfare of the City of Andover, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby grants the vacation of a portion of the existing drainage and utility easement as described on Exhibit A. Adopted by the City Council of the City of Andover on this 21" day of April, 2009 subject to the following: 1. The applicant shall provide an as -built survey to the city upon completion of the project to ensure that the grading of the subject property conforms to the plan stamped received by the City of Andover September 22, 2009. 2. This resolution shall not be released for recording with Anoka County until the project has been completed and successfully passed inspection by the Engineering Department. CITY OF ANDOVER ATTEST Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk Exhibit A Vacation of Easement Legal Description PROPOSED DESCRIPITON OF DRAINAGE AND UTILITY EASEMENT TO BE VACATED That part of the dedicated drainage and utility easement encumbering Lot 8, Block 1, PRAIRIE COVE, Anoka County, Minnesota described as follows; Commencing at the Southeast Corner of said Lot 8; thence on an bearing North 88 degrees 42 minutes 03 seconds West, along the south line of said Lot 8, a distance of 103.16 feet; thence North 00 degrees 32 minutes 01 seconds East a distance of 8.00 feet to the point of beginning of the property to be described; thence North 88 degrees 42 minutes 03 seconds West a distance of 31.00 feet; thence North 35 degrees 34 minutes 30 seconds West a distance of 34.00 feet; thence North 83 degrees 00 minutes 00 seconds West a distance of 26.50 feet; thence North 00 degrees 25 minutes 25 seconds East a distance of 42.17 feet to the north line of said Lot 8; thence South 88 degrees 42 minutes 03 seconds East, along said north line, a distance of 77.45 feet to the point of intersection with a line bearing North 00 degrees 32 minutes 01 seconds East from the point of beginning; thence South 00 degrees 32 minutes 01 seconds West a distance of 72.01 feet to the point of beginning. 804 01 I I Easement Exhibit .-895— 7<51 IX ........... C-40 F . ...... 7A —Ir A Q l 4 a 1 00 897 cr i 96 -- 00 00 —895-- 7 w cri NJ C9 !(T �E ,. P 0 1 , CO b 6 C:L- �v "Z oo 00 r, 0- 4-7 4i 00 CC) -9 � (o 'dr , a 'o )b o 00 0. A CA 0 80. --900— — 0 1 0 0 C06 00 [\,\) 00a` \C) 0 p Mp "0 /00 (moo 0 LO CD buljslx�3 CA CERTIFICATE OF SURVEY SWENSON LAND SURVEYING, INC. 14980 Wac Street RONALD J. SWENSON Ramsey, Minnesota 55303 TELEPHONE REGISTERED LAND SURVEYOR _ _ (763) 427 -1020 d o • Denotes Iron Monuments Found SURVEY FOR 3EFF 30 H N 5o N M ES O Denotes Iron Monuments Set Scale 1 Inch equals — 1 L_feet Book O , r . Pag e.5�7 Invoice No. �Z C, E: ST- 4. Z7 x .904= x �8 �� �_ 24 •13 Ig" �� �� EO C944 �� � N M � / z o•1 Ni NQ p� . Zo- N iZ Iea v 3g o j au _ } , N , N s 1 I:1 3 0. M 9° xtC J�o> /3.5 w N ►3 0 6.5 �► X o w c c Z-0 'd' \ 903 I w > O o j M Plco�. ffSE • c O ro a 0 0 1 W y N� I N w o f ifi •� x °' ' \ ° o° Zo //. 5o x OD 2,4 /o.o w s. 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W 6n � , I— — , — i — !g — 1 F- . ........................... . ............. .... ..... ...... ........... CF) U) 9096 4096 L096 in zog 6096 li l um 9C091 e ,ras -e > p W- — - — ---------- --- 'n -- ---------- ! 9L V, t LU gm o ..... ...... -4 to c of o 0 .0 M OD t-- w (D 0 co I- w -- -------- - 11 . ............... ------ - - - ------------------------------- - ............... CIAIEI NOSNVH . ............ .. ........ .. ---- __ _ ... ............... ...... ........ ....... . ....... ...................... .................. . .......................... . ........... C I T Y O F lJ• ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304. (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLAN DOVER. MN. US TO: Mayor and Councilmemebers CC: Jim Dickinson, City Administrator Will Neumeister, Community Develop t Director FROM: Angie Perera, Associate Planner-�,i� SUBJECT: PUBLIC HEARING Consider Conditional Use Permit (09 -08) to allow a telecommunications antenna within Prairie Knoll Park.- Planning DATE: October 6, 2009 INTRODUCTION T- Mobile has applied for a Conditional Use Permit to locate a cellular phone antenna in Prairie Knoll Park at the location of one of the existing light poles west of the ball field. City Code 9 -12 provides the specific requirements for antennas and towers. DISCUSSION Antenna & Building The proposal is to remove and replace an existing, 80 foot tall light pole located on the west side of the ball field with one monopole structure that will be 100 feet tall and include a cellular antenna for T- Mobile and lighting for the field. The new antenna will require equipment that is proposed to be located on the ground in a 12 foot by 10 foot building next to the base of the monopole. A color photo is attached with this report that provides a visual example of a standard brown, pre - fabricated building with stucco exterior similar to what is being proposed for Prairie Knoll Park. The applicant has indicated that the color scheme is able to be changed. The applicant has not proposed any additional landscaping at this time and is utilizing the existing pine trees in the park as a visual buffer for the antenna and building, which meets the screening requirements of City Code 12 -13 -5. The Engineering & Public Works Department have recommended that the exterior color for the proposed building and shingles should either match or be similar to the existing warming house building located in the park. A color photo of the warming house has also been attached for reference. A building permit will be required with a detailed plan set from the Architect including the specifications of the footing foundation for the monopole. This has also been included as a condition of approval recommended by the Building Department. The enclosed site drawing, photographs and letter from the applicant provide additional information about the proposed installation. Review Criteria 12 -14 -6 B. provides the following criteria for granting conditional use permits: 1. In granting a Conditional Use Permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. Setback Per City Code 9 -12 -8 B, the antenna is required to have a setback of 110 feet from all structures and property lines 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. The applicant is required to submit this documentation to the City as a condition of approval since the proposal does not meet the setback requirement. In addition, City Code 9 -12 -8 C. states that a tower's setback may be reduced or its location in relation to a public street or neighboring property varied, at the sole discretion of the City Council. The Council's decision must be based on legitimate findings such as, but not limited to: a. Aesthetic concerns b. Safety concerns c. City staff review Collocation & Height City Code 9 -12 -4 B. requires that towers and antennas shall not exceed 120 feet in residentially zoned districts. Prairie Knoll Park is located within the R -1 (Single Family -Rural district). The height of the monopole proposed is 100 feet and meets the height requirement. The City Code requires that a tower of 100 feet or more in height shall accommodate at least three (3) additional users. The proposal does not meet the collocation requirement. The applicant has tried to maintain the integrity of the character and scaling of the park and has therefore not proposed collocation. As designed, the monopole will not allow for optimal collocation for future users due to the limited space remaining and height proposed on the plan set. The monopole is however, dual - purpose in that it maintains the same number of pole structures within the park by providing lighting and also utilizing the same location of the existing light pole as proposed. The Planning Commission was asked to consider the following two options and recommended option number one listed below: 1) Accept the proposed 100 feet height of the monopole and lighting and recommend a variance from the collocation requirements in attempts to maintain the character and scaling of the park. 2 2) Require the applicant to revise the plan set and extend the height of the monopole so that it allows optimal opportunity for three (3) additional users. The height of the monopole could be extended up to 120 feet per City Code. Location & Setback Consideration The selection of the proposed location was determined by several factors: • The coverage area desired by T- Mobile. • Utilize existing landscape as a buffer for visual screening • Avoiding conflicts with the use of the ball field complex. • Providing an area that would be accessible to T- Mobile's vehicles while utilizing the existing bituminous path. • Maintain the scale and character of the park by using the same location for the existing light pole while serving a dual - purpose. Access & Proposed Easement A paved access is required to allow service and maintenance to be performed. The applicant is proposing to use the existing bituminous path located on the west side of the ball field, for access to the equipment and antenna. The applicant is aware that this path is not typically cleared of snow throughout the winter months and would need to make their own arrangements to clear the path for access to the equipment. The applicant has indicated that SUV vehicles would be accessing the path. The license agreement with the applicant will provide details for access and maintenance. These items have been included in the attached resolution for your review. Equipment The equipment will be enclosed within the proposed building. A diesel gas, back -up generator will be used only in the event of a power outage and brought to the site only when needed. The generator would be a similar to those used for residential purposes. The applicant has indicated that the sound level anticipated being produced will be similar to that of a household refrigerator. Ball field Lighting A condition of approval requires the applicant to ensure that the ball field lighting is replaced to meet the lighting requirements for this type of ball field. Grading Some minor adjustments will be needed to ensure adequate drainage away from the ground mounted equipment and to prevent unintended impacts on the surrounding area. The applicant has indicated that the elevation of the proposed building will be approximately the same as the path. Directional boring will be done at the tower and at the building so any restoration needed will be minimal. Park Commission Review The Park Commission reviewed the proposal on September 17 and again on October 1 2009. The Park Commission made a motion with a 4 to 1 vote, that the monopole and building be located in another location within Prairie Knoll Park. The south east ball field location was recommended as a preferred location. The Commission also recommended that landscape be required and that condition # 4 in the attached resolution requires sod and condition # 8 requires that the building material shall be brick and that the color of the building and shingles also match the warming house located in Prairie Knoll Park. 3 Planning Commission Recommendation The Planning Commission held the public hearing and received feedback from two residents who were opposed to the proposal. The minutes from the meeting are attached with this report for your reference along with an article an email submitted to city staff. The FCC and the FDA share regulatory responsibility in the U.S. More recent research is done by the World Health Organization (WHO). Staff has attached resources from the FCC and the WHO for your reference. The Planning Commission was in favor of requiring sod as a condition of approval in the resolution. With a 7 to 0 vote, the Planning Commission recommended approval of the proposed Conditional Use Permit with the eleven (11) conditions outlined in the attached resolution and with the recommendation of approving a variance from the setback and collocation requirements of the City Code 9 -12. ACTION REQUESTED The Council is asked to approve or deny the Conditional Use Permit accordingly. Attachments Resolution Location Map Site Drawings Applicants Letter Coverage Map 2003 Grading Plan of Prairie Knoll Park Photos: Aerial of Site, Prairie Knoll Park (3), Examples of building & monopole /lighting (4) Planning Commission Minutes Park Commission Minutes Resources pertaining to emissions Respectfully submitted, Angie Perera Associate Planner Cc: Paul Harrington, representative for T- Mobile, Carlson & Harrington Inc., 1683 Chatham Ave., Saint Paul, MN 55112 4 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A TELECOMMUNICATION ANTENNA LOCATED IN PRAIRIE KNOLL PARK ON PROPERTY LEGALLY DESCRIBED IN EXHIBIT A. WHEREAS, T- MOBILE has requested a conditional use permit to install a telecommunication antenna on the subject property, and; WHEREAS, the Planning Commission held a Public Hearing pursuant to the requirements of City Code 12 -14 -8, and; WHEREAS, the Planning Commission finds the request would not have a detrimental effect on the health, safety, and general welfare of the City of Andover, and; WHEREAS. The Planning Commission recommends to the City Council approval of the Conditional Use Permit with approval of a variance from the setback and collocation requirements of City Code 9 -12, and; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received the recommendation of the Planning Commission and approves the Conditional Use Permit for a telecommunication antenna, subject to the following conditions: 1) The applicant shall execute a license agreement with the City of Andover prior to commencing construction on the site. 2) The applicant shall be responsible to replace the lighting array to conform with ball field lighting standards to an equal or better standard than presently exists. 3) The applicant shall be required to relocate the existing irrigation system as necessary to provide coverage of the area surrounding the proposed improvements. 4) The applicant shall be required to restore any disturbed earth and sod as necessary. 5) The applicant shall meet the requirements of the Federal Aviation Administration. 6) The applicant shall provide documentation from a structural engineer regarding the setback requirement as it pertains to the circumstances in event of a collapse as outlined in City Code 9 -12 -8, B. 7) The applicant shall submit a revised plan set without the 20 ft. access and utility easement and design the antenna and building according to the revised plan set. 8) The exterior color for the building and shingles shall also either match or be similar to the warming house building located at Prairie Knoll Park. 9) The applicant shall submit a building permit to the Building Department with a detailed set of plans from the Architect including the specifications of the footing foundation for the monopole. 10) The applicant shall be responsible for full maintenance and costs associated for the section of the path from 146 Lane to the proposed tower and building area including but not limited to snow plowing. 11) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12 -14 -6. 5 A N16WI� - Conditional Use Permit Incorporated Telecommunications Antenna 1974 ---JZ i �i __..._.-- .... 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Z 7C v o 0 0 ° z t z2 °�; � z o. O F,n z z i ,^ 0 214 y D •0142 ° m z $ fn m z ° z v 2 F � z2 Nz r �_� i o z Rg�° REPERENCE DRAWINDSS TNDB�WCNAW6 REDUCED PRINT SCALES PLOTTED: o f s a • o f a s . fue fp fm IeNo COM REAL ESTATE SEfi_TI vES INC. August 18, 2009 Andover Planning Commission c% Andover Planning Department 1685 Crosstown Boulevard NW Andover, MN 55304 RE: C.U.P. Application — Prairie Knoll Park— 595 —146' Lane NW Dear Sirs and Madams; On behalf of T- Mobile USA ('T-Mobile"), please accept this letter and the accompanying application as a request for a Conditional Use Permit to allow T Mobile to replace and utilize one of the existing athletic field light poles at the Prairie Knoll Park as a telecommunications antenna facility. BACKGROUND T- Mobile is a leading provider of digital communications in the United States with over 12 million subscribers in 46 of the top 50 wireless markets. T Mobile uses and operates the Global System for Mobile (GSM) communications technology platform, which is the established standard in most countries outside of the United States. T- Mobile is the only U.S. wireless telecommunications provider with a national GSM network, which gives customers the choice of using their T Mobile number while traveling internationally and supports roaming capabilities for other GSM customers traveling to the United States. T- Mobile currently has a developed wireless network covering the 11- county Minneapolis/St. Paul metropolitan area_ Current plans for expansion in the metropolitan area include deployment of facilities in areas of residential character to meet increased signal coverage and capacity demands. Specifically, T- Mobile has identified the Prairie Knoll Park and surrounding area as a demand area requiring both signal coverage and capacity. CURRENT PROJECT DESCRIPTION T Mobile is proposing to replace and utilize an existing light pole at Prairie Knoll Park as an antenna facility. The existing light pole is approximately 80' in height and supports one of four (4) existing light standards serving the soccer/football field on the west side of the Park. T- Mobile would propose to replace the existing pole with a 100' pole and remount the light standard below the antenna level (as depicted on the attached plan set). Ground equipment — necessary for the operation of the antenna system -- is proposed to be located within a 10' x 12' building at the base of the new light/antenna pole. Service Technicians will visit the site approximately one (1) time per month on a scheduled basis for routine maintenance. Additional visits to the site will only be made under emergency circumstances (equipment failure, power outage, lightening strike, etc.). No special access to the site will be necessary. The GSM system operates on a speck set of channels licensed exclusively to T Mobile to provide high quality digital communication service for the benefit of the public good. As required by their FCC license, T Mobile will ensure that no interference to existing, properly licensed users of FCC spectrum takes place. T- Mobile has begun discussions with City Administrator Jim Dickinson on an agreement for use of the Park as an antenna facility location and it is expected those discussions/negotiations will parallel the Planning process. On behalf of T- Mobile, I thank you for your consideration of this request. If you require any additional information, please do not hesitate to give me a call at 612 -810 -8174. Sincerely, f A. Harrington Carlson & Harrington, Inc. Representative for T- Mobile /attachments: Completed C.U.P. Application Legal Description Application Fee - $530 Plan Set -11" x 17" ..... .. LC CTJ ,r > U v < ...,. r r m cn 7 E) ... ...... _. 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IN _ arms House Warming H t t+ i f r H Y i Prairie Knoll Park (3 of 3) y WV j r Eti�rr6 IFb "` a r f TOO 1R ( � Y q � +i i• d d r }� }�F SAC d Q 1I�f j'xlu� £ 7i 2 i - ` g PAT t k IRM l ow 2 t i K A I I w r t � i ,a, >a t�; ua : e �'w M1v jo` g z V / d: ^ C " X �, AL 6A At LLI y 3 t- e hit .1 „ m i t t 4 d d Al y IRISH t i , g Y kit! AyL�' f z Y S� i F � O � � c #� Q � w, 4 ' O O i A r < •i i C O CL O 0 ; O � Q O Q O O CL E �4 ': � r • 'k 4 yy. = r. �a .e yy Regular Andover Park & Recreation Commission Meeting �! Minutes —September 17, 2009 Page 2 CONSIDER COMMUNITY GARDEN PL0TS IN PARK AREAS, CONT. Mr. Haas explained that this item is in regard to considering community garden plots in City park areas. Mr. Haas updated the Commission on the City Council direction. REVIEW REQUEST FOR CUPIT- MOBILE USA/PRAIRIE KNOLL PARK Mr. Haas explained that this item is in regard to reviewing a request for a Conditional Use Permit (CUP) from T- Mobile USA to replace and utilize one of the existing athletic field lights .at Prairie Knoll Park as a telecommunications antenna facility. Chair Butler asked for clarification on the building. Mr. Haas stated there was a drawing in the packet and they were asking for the same facade as the other building and they are also asking for sod to be installed instead of seed for restoration of the area. Commissioner Hupp asked how tall the structure was. Mr. Haas stated the building will be about ten to twelve feet tall. Commissioner Hupp asked if there were plans for screening because he thought that would be a concern for him. He thought it should be a requirement to compliment the community. Mr. Haas indicated that could be added to the motion as a recommendation. Commissioner Hupp stated another concern was safety with the electromagnetic waves. Chair Butler indicated they will discuss this later but should review the building first. Commissioner Hupp indicated he would like to have a nicer looking building because the area is nice and he would want it to match the area. Commissioner Miskowiec asked if the easement is already in the park or would they be losing park space. Mr. Haas stated they will include this as a part of the lease agreement and indicated the Planning Department has indicated they want it in a place where there already is an easement. Commissioner Hupp asked if there was consideration of placing this on 148' and Prairie Knoll Drive, free standing, by the other utility buildings away from the park. Mr. Haas stated they were looking at blending this into the park so it does not look like it is separate from the park area. Commissioner Lindahl agreed with Commission Hupp on looking at another site in the area for placement of the antenna. He thought if they were looking at a pole in the park he thought it would be better by the skate rink and sliding hill for additional light. Regular Andover Park & Recreation Commission Meeting Minutes —September] 7, 2009 Page 3 Chair Butler asked how much revenue would be generated in the park by placing the antenna in the park. Mr. Haas stated he was not sure but the funds would remain in the park for future improvements and possible park maintenance. Chair Butler stated he was not ecstatic about having antenna in parks but he also looked at the potential for revenue in the park for improvements. Mr. Jim Linehan, 665 148' Lane, stated the tower would be in direct eyesight from his front window. He stated he has driven around looking at towers and they are not pretty. He also thought the building looked very cheap. He also noted on existing buildings he has seen there is still equipment outside of the building, which clutters it up. Mr. Linehan stated he was concerned with safety of the poles and an article that indicated the poles can fall down in high winds or even normal winds. He was also concerned about the radiation emitted from the antenna. He did not think they needed this in that neighborhood. He thought it would be better in some industrial park where kids will not be. Ms. Cindy Hyman, 720 148 Lane, stated she was not so concerned about the aesthetics because the tree line will shield that but her concern was the placement of the pole from her house. It is recommended to put it five hundred feet from residential homes and it would be two hundred feet from her home. She did not think it was worth the safety of children to place a cell tower in the park. Mr. Marty Hyman, 720 148 Lane, stated he talked to Mr. Dickinson about the tower and was not really concerned about the tower until he talked to Mr. Linehan. He stated the reply he received from Mr. Dickinson was the City will be making money on this deal. He understood the City wanting to make money because of the economy but he did not think this was the place to place a cell tower. Chair Butler thanked the residents for coming to the meeting. He asked Mr. Haas for clarification of the setback of the tower. Commissioner Hupp read from the staff report the setback requirements. Commissioner Ramnath explained the distances around the tower and suggested they could move the pole to the other side of the football field, closer to Prairie Knoll Road and give the residents more setback area available. Chair Butler stated as far as the aesthetics of the building, he understood the residents not wanting this and would suggest staff work with T -Mobil on the building and making it look nicer. He also could not find any reports on the negative health aspects from electromagnetic fields. He stated there are some anecdotal things out there but he was not sure they could rely on that information if a study was not done. He stated as far as a tower falling they have concerns about that with any tall structure and thought the City Staff would make sure safety came first. Regular Andover Park & Recreation Commission Meeting Minutes —September 17, 2009 Page 4 Commissioner Ramnath stated he did some quick research online and radio frequency is something they encounter every day. He stated the amount of power that is put out is minimal. He thought T -Mobil would need to do something to make the building more aesthetically pleasing to the eye. He understood the safety and aesthetic concerns but was also providing infrastructure for the City, County and area residents. Commissioner Hupp stated the parks are in the City for children to use and he thought they should be safe for them. This park is heavily used and with that kind of usage and the amount of kids he thought it would be better to find another place to put this that would not be used as much or noticed. He also understood the revenue that will be generated by this. He stated he cannot comment on the safety because he did not have enough information to comment on it. Commissioner Miskowiec stated he would not want to have to look at the tower. He stated he would like to see the City using economic advantage from that and place it five hundred feet from the residents. Commissioner Kowalewski stated he has a concern with the safety because he has known a person that has died from brain cancer while working as a line operator for General Electric. He thought they could find a better suitable place other than a park for this. Commissioner Van Vark stated he was not aware of all the rules, regulations or charters of the City but he did not think the City needed to generate profit from allowing a cell tower in a park. He thought if this was approved, there will be more offers and what will the City do then. He stated as far as the health concerns he agreed even though he did not find anything to support the concerns but did not want to find out the hard way. Commissioner Lindahl stated the primary thing, the aesthetics is a big deal, the location is not the best and would be more willing to look at a better location in the park, possibly by the other utility companies. He stated in regards to the safety of radiation, he did not think the studies were out there in regards to this and he thought the kids at the park was random time spent there and would not really affect them. He thought the signals were more horizontal and did not bounce down. He would like to see if T -Mobil would consider another place in the park. Chair Butler stated telecommunications are part of their infrastructure and they need to face that. He was concerned more about the aesthetics more than the electromagnetic radiation because he has not seen any research studies out there to support the negative. He did not know why they were recommending going outside of the five hundred foot recommendation. He supported adding to the aesthetics of the building and screening. He stated this is revenue for the City and could be beneficial to the City because of this. Mr. Linehan stated in one of the articles he has, the waves do go out horizontally but some also do drop down. He stated with the tower outside of his home he will be Regular Andover Park & Recreation Commission Meeting Minutes —September 17, 2009 Page 5 exposed to this daily and that was a concern of his. He asked if the Commission would want this in their front yard. He did understand this will generate revenue but he did not want to be a guinea pig because there is not any research out there. Ms. Hyman stated she would urge the City to look for another place to place the tower because of the five hundred feet. She suggested they do their homework and see if there were other places this tower could be placed in the City. Commissioner Kowalewski wondered why they needed to have the tower so close to residential properties. Mr. Haas suspected the area T -Mobil is looking at is a dead zone and that is why they want to place a tower in the park. Mr. Hyman stated he listened to the Commission speak and how it will benefit the City. He understood the Commission cared about the park but after talking to Jim Dickinson he was concerned the only thing the City was concerned about was the revenue generated from that. He stated the majority of the Commission is concerned for the safety and citizens and not the money to be generated. He believed money is not the issue for everything. Motion by Lindahl, seconded by Ramnath, to defer recommendation and request additional information other locations in the park or at least request clarification as to why this location was selected for the tower. Further Discussion Commissioner Miskowiec asked if they could also get information from T -Mobil on technical parameters for the tower and why it needed to be in the park. Commissioner Hupp stated he would agree with the motion because he would like to get more information as to placement, safety and reasoning for placement along with possible landscaping. He asked if this could be an amendment to the motion. Commissioner Lindahl did not think landscaping mattered at this time and could be added later or mandated. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. UPDATE OF SOPHIE'S PARK Mr. Haas explained that this is an update of Sophie's Park in regards to maintaining and mowing the park. Mr. Haas updated the Commission. Regular Andover Planning and Zoning Commission Meeting Minutes —September 8, 2009 Page 7 Mr. Bednarz stated that this item would be before the Council at the September 15, 2009 City Council meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT (09 -08) TO ALLOW TELECOMMUNICATIONS ANTENNA WITHIN PRAIRIE KNOLL PARK. Ms. Perera noted T- Mobile has applied for a Conditional Use Permit to locate a cellular phone antenna in Prairie Knoll Park at the location of one of the existing light poles west of the ball field. City Code 9 -12 provides the specific requirements for antennas and towers. Ms. Perera reviewed the staff report with the Commission. Commissioner Cleveland asked if the current light pole required a setback. Ms. Perera replied that it did not, just antennas and towers would require a setback. Commissioner Falk stated he came to the conclusion that some of the light poles have started to enlighten him because the city has changed the ordinance in the past to allow more than one antenna to be placed on a pole. Chairperson Daninger agreed. Commissioner Falk thought companies were now finding out they can use light poles now and get away with only having one antenna on them. He thought the City was at risk of having a lot of light poles with only one antenna on them if collocation requirements are not upheld. Chairperson Daninger explained the reason for the previous ordinance amendment pertaining to the subject. Commissioner Walton asked if this was the only location looked at in Prairie Knoll Park. Ms. Perera replied that the applicant was trying to maintain the existing character of the park and use the existing landscape as a buffer by utilizing this particular light pole. Commissioner Walton asked if the parking light at the north end of the park intended to be a temporary light structure. Ms. Perera was not sure. Motion by Falk, seconded by Walton, to open the public hearing. Motion carried on a 7- ayes, 0 -nays, 0- present, 0- absent vote. Mr. Jim Linahan, 665 148 Lane, asked if the Commission would want a large antenna in their front yard. He stated he did not want this across from his front yard and he wondered why the business could not find someplace where it will not be so intrusive to them and others. He did not think they needed this proposal. He also wondered what kind of radiation this will emit because he did not want any health issues because of this. He thought the building will be an eyesore along with the existing building already there. Regular Andover Planning and Zoning Commission Meeting Minutes — September 8, 2009 Page 8 Mr. Severen Bernin, 645 148"' Lane, asked if anyone has done their homework regarding the possibility of dangers associated with a cell tower. He also thought if the City had space for an easement to get to a tower he suggested putting in a parking area because people are parking on Prairie Knoll Drive and he stated his concerns for safety related to existing traffic and parking in the area. Mr. Paul Harrington, Carlson and Harrington, indicated he does Site Acquisition work for wireless companies. He explained how they determine site acquisition along with how this site will look with the tower and building proposed. Commissioner Holthus asked how often the technician would need to reach the accessory building. Mr. Harrington stated they would come out-about once a month for half an hour during business hours. He stated that he discussed working out a snow plowing agreement with staff. The applicant would be willing to snow plow the path to the building for access purposes. Commissioner Holthus asked what the health risks are. Mr. Harrington stated they are subject to the requirements of the FDA. He reviewed what the FDA and FCC require in regard to threshold requirements. Commissioner Falk asked if they were to extend the tower higher could they accommodate more customers. Mr. Harrington stated they could but the design of the pole would need to change or else "arms" could be added to the proposed pole in the future to accommodate for additional users. If they designed the pole to allow for additional users at this time, the pole would need to be a larger diameter since all of the cables are internal. Commissioner Falk asked if they were going to put fencing around the building. Mr. Harrington stated they did not plan to but could if the City wanted them to. He stated the building was secure and all the wiring would be run underground. He noted all their equipment could also be housed outside without a building to lower the footprint. Commissioner Walton asked if there was a reason why they selected this particular pole and not any other in the park. Mr. Harrington stated they wanted to capitalize on any type of screening already there and where the building would fit it in so it will not be as noticeable. Chairperson Daninger asked if Mr. Harrington was familiar with their lighting ordinance. Mr. Harrington indicated he was. Chairperson Daninger believed the proposed easement needs to be a paved surface. Ms. Perera stated they would be utilizing the existing path that is already there. Chairperson Daninger asked how the noise will be contained. Mr. Harrington stated the equipment will produce noise equivalent to a well operating household refrigerator. Regular Andover Planning and Zoning Commission Meeting Minutes — September 8, 2009 Page 9 Chairperson Daninger asked if Mr. Harrington would have a problem if they required sod rather than seed for replacement as one of the conditions of approval. Mr. Harrington indicated he would be fine with that. Chairperson Daninger stated there was mention of a fence and he was not really in favor of a fence but asked how they were going to protect their cable trays. Mr. Harrington indicated that the cables will be going underground since this is being proposed in a park. Chairperson Daninger asked when construction would be started. Mr. Harrington hoped it would be started in the spring 2010. Mr. Harrington reviewed with the Commission the problem they would have with co- location on this pole. Mr. Linahan asked if there was noise associated with the equipment. Chair Daninger stated that it would be as loud as a refrigerator. Mr. Linahan commented that the path may get destroyed with trucks driving on the path. Chairperson Daninger stated anything they destroy will need to be fixed by the applicant. Mr. Bernin asked if the structure was 10x12. Mr. Harrington indicated it was. Mr. Bernin stated he already looks at a couple of these buildings and does not want to see another one in the park. Mr. Harrington stated there is a condition regarding a sunset clause and he wondered if this is regarding when construction starts or if the CUP could expire for something other than discontinuing the operation. Mr. Bednarz stated the sunset clause is just to ensure you follow through with the construction within twelve months. Motion by Walton, seconded by Kirchoff, to close the public hearing. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Commissioner Casey asked what is the approximate height of the wooded area where the antenna and building are being proposed. Chairperson Daninger explained how tall the trees are approximately based on the height of the bleachers in the park. Commissioner Holthus asked what happens to the money the City gets from the cell phone company. Ms. Perera stated the funds will need to stay within the park for future improvements made within the park. Ms. Perera stated there is a proposed sample of what the building might look like and a condition in the resolution is that the exterior of the building be similar to the warming house currently located in the park. She stated if approval is recommended they would be recommending approval of a variance from the setback as well as the co- location requirements. Regular Andover Planning and Zoning Commission Meeting Minutes — September 8, 2009 Page 10 Chairperson Daninger asked if any of the Commissioners had issues with the setback. No one did. Chairperson Daninger asked if any of the Commissioners had issues with not co- locating. Commissioner Falk indicated he did. He asked if the building could hold more than one co- locator. Chairperson Daninger thought it would be just for T- Mobile but they could request the building be made bigger to accommodate additional users in the future. Commissioner Falk stated he would like to have the building bigger because there is a possibility they could have another co- locator in the future. Commissioner Kirchoff thought it was less intrusive by not having the co- locations and the possibility of hanging antennas on the sides of the tower. Commissioner Cleveland stated there are already some miscellaneous buildings in the park that the citizens are opposed to having and they would be opposed to having anymore. He thought they would need to have a much larger building if they added co- location. Chairperson Daninger concurred. He felt co- location would not work and would like to keep the building smaller if possible. He noted there are other light poles if another company came in and requested location in the park. Chairperson Daninger asked if anyone was opposed to the proposed location. No one was opposed. Motion by Falk, seconded by Kirchoff, to approve as presented adding that this will be a single location only. Chair Daninger asked if they could change Item 4 to sod instead of seed. The other Commissioners felt seed would be better because of watering needs. Motion carried on a 7 -ayes, 0 -nays, 0- present, 0- absent vote. Mr. Bednarz stated that this item would be before the Council at the October 6, 2009 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Falk, seconded by Casey, to adjourn the meeting at 8:53 p.m. Motion carried on a 7 -ayes, 0 -nays, 0- absent vote. (�- - n , ) tad Health Effects from Cell Phone Tower Radiation by Karen J. Rogers The safety of cell phone towers is the subject of extensive scientific debate. There is a growing body of scientific evidence that the electromagnetic radiation they emit, even at low levels, is dangerous to human health. The cell phone industry is expanding quickly, with over 100,000 cell phone towers now up across the U.S., which is expected to increase ten -fold over the next five years. The industry has set what they say are "safe levels" of radiation exposure, but there are a growing number of doctors, physicists, and health officials who strongly disagree, and foresee a public health crisis. Many towers have been built recently in Siskiyou Colorado, with dozens more planned, as telecommunications companies rush to corner markets in this fast - growing industry. These towers emit radio frequencies (RF), a form of electromagnetic radiation (EMR), for a distance of up to 2 -1/2 miles. They are essentially the same frequency radiation as microwaves in a microwave oven. Studies have shown that even at low levels of this radiation, there is evidence of damage to cell tissue and DNA, and it has been linked to brain tumors, cancer, suppressed immune function, depression, miscarriage, Alzheimer's disease, and numerous other serious illnesses. [1] Children are at the greatest risk, due to their thinner skulls, and rapid rate of growth. Also at greater risk are the elderly, the frail, and pregnant women. Doctors from the United Kingdom have issued warnings urging children under 16 not to use cell phones, to reduce their exposure to radio frequency (RF) radiation. [2] Over 100 physicians and scientists at Harvard and Boston University Schools of Public Health have called cellular towers a radiation hazard. And, 33 delegate physicians from 7 countries have declared cell phone towers a "public health emergency ". The U.S. Federal Communications Commission (FCC) is in charge of setting the standards of exposure for the public, and claims that, based on scientific studies, the current levels are safe. But it is not a public health agency, and has been criticized as being "an arm of the industry". Many who work for the FCC are either past, present or future employees of the very industries they are supposed to regulate. With an explosively emergent $40 billion dollar a year industry at stake, critics have stated "you can bet that their studies are going to show whatever they want them to show ". "Our federal government also once told us that asbestos, cigarettes, thalidomide, and the blood supply were "safe ", but which were later found to be harmful. "You can bet that their studies are going to show whatever they want them to show." — Cathy Bergman - Veniza, at Vermont Law School Environmental Law Center Conference, 1996 The current U.S. standard for radiation exposure from cell phone towers is 580 -1,000 microwatts per sq. cm. (mW /cm2), among the least protective in the world. More progressive European countries have set standards 100 to 1,000 times lower than the U.S. Compare Australia at 200 microwatts, Russia, Italy, and Toronto, Canada at 10, China at 6, and Switzerland, at 4. In Salzburg, Austria the level is .1 microwatts (pulsed), 10,000 times less than the U.S. New Zealand has proposed yet more stringent levels, at .02 microwatts, 50,000 times more protective than the U.S. Standard. [3, 4] Contrary to what the communications industry tells us, there is vast scientific, epidemiological and medical evidence that confirms that exposure to the RF and microwave radiation emitted from cell towers, even at low levels, can have profound adverse effects on biological systems. [5, 6, 7, 8]. Page 2 — Health Effects from Cell Phone Tower Radiation There is vast scientific and medical evidence that exposure to cell tower radiation, even at low levels, can have profound adverse effects on biological systems. Scientists and advocacy groups say that the current FCC "safe" standards are based on 1985 research, and fail to consider more recent research that found brain cancer, memory impairment, DNA breakdown, and neurological problems with RF at much lower levels. The earlier studies considered only the "thermal ", or heating effects of the radiation — in other words, the level at which the radiation would heat tissue, or "cook" a person, in the same exact manner that a microwave oven works. The FCC levels may ensure our tissues are not "cooked ", but they fail to address long -term chronic exposure at low levels, or what is called "non- thermal" effects. Doctors say that RF radiation is wreaking havoc with normal biological cell functions. "RF alters tissue physiology "says Dr. George Carlo, an epidemiologist who found genetic damage in a $28 million research program, paid for by the industry. He now fights to have safety levels lowered. [9] In 1998 the Vienna Resolution, signed by 16 of the world's leading bioelectromagnetic researchers, provided a consensus statement that there is scientific agreement that biological effects from low intensity RF exposure are established. It says existing scientific knowledge is inadequate to set reliable exposure standards. No safe exposure level can be established at this time. The world's leading electromagnetic researchers say existing scientific knowledge is inadequate to set reliable exposure standards. - The Vienna Resolution, 1998 The Salzburg Resolution, adopted in 2000 at the International Conference on Cell Tower Siting, would prohibit any cell site from emanating more than .1 mW /cm2 - 10,000 times more strict than the current U.S. standard. This limit takes into account the growing evidence for non - thermal RF bioeffects. [10] Cell phone towers expose the public to involuntary, chronic, cumulative Radio Frequency Radiation. Low levels of RFR have been shown to be associated with changes in cell proliferation and DNA damage. Some scientific studies show adverse health effects reported in the .01 to 100 mW /cm2 range at levels hundreds, indeed, thousands, of times lower than the U.S. standards. These harmful low levels of radiation can reach as far as a mile away from the cell tower location. Reported health problems include headache, sleep disorders, memory impairment, nosebleeds, an increase in seizures, blood brain barrier leakage problems, increased heart rates, lower sperm counts, and impaired nervous systems. [11] Long term and cumulative exposure to cell tower radiation has no precedent in history. There are no conclusive studies on the safety of such exposures, and the growing body of scientific evidence reports such bioeffects and adverse health effects are possible, if not probable. Dr. Neil Cherry, Ph.D. biophysicist from New Zealand, reports that "There is no safe level of EMR radiation." He said the standards are based on thermal effects, but important non - thermal effects also take place, such as cell death and DNA breakdown. Dr. Cherry wrote a 120 -page review of 188 scientific studies. "The electromagnetic radiation causes cells to change in a way that makes them cancer forming." It can increase the risk of cancer two to five times, he said. "To claim there is no adverse effect from phone towers flies in the face of a large body of evidence." "To claim there is no adverse effect from phone towers flies in the face of a large body of evidence." - Dr. Neil Cherry, biophysicist Public health officials caution that we err on the side of conservatism, given the massive public health risk that is possible. Page 3 — Health Effects from Cell Phone Tower Radiation Other federal health agencies disagree that safe levels of exposure have been identified, much less built into the FCC standard. The Environmental Protection Agency (EPA) does not agree with the FCC standards, and analysts have recommended that EMR be classified as a "probable human carcinogen ". [12] Deputy Director of the Department of Health and Human Services, Elizabeth Jacobsen, has stated that the safety of RF "has not been established nor has the necessary research been conducted to test it ", and cites risk of brain cancer, tumors and DNA breakdown. The California Public Utility Commission has urged the cell phone industry to not locate towers near schools or hospitals. And the World Health Organization reports "many epidemiological studies have addressed possible links between exposure to RF fields and excess risk of cancer. These studies do not provide enough information to allow a proper evaluation of human cancer risk from RF exposure because the results of these studies are inconsistent." "The safety of RF has not been established, nor has the necessary research been conducted to test it. "— Elizabeth Jacobsen, Deputy Director, US Department of Health "Our bodies are exquisitely sensitive to subtle electromagnetic harmonics, and we depend upon tiny electrical impulses to conduct complex life processes," says Dr. Robert Becker, author of The Body Electric, and Cross Currents, The Perils of Electropollution. [13, 141 He says "at the present the greatest polluting element in the earth's environment is the proliferation of (these) electromagnetic fields." Radiation once considered safe, he says, is now correlated with increases in birth defects, depression, Alzheimer's disease, learning disabilities, Chronic Fatigue Syndrome, and cancer. The incidence of brain cancer is up 25% since 1973, and this year 185,000 Americans will be diagnosed with brain cancer. Brain tumors are the second leading cause of cancer death for children and young adults. Yet, the United States has a de facto policy of "post sales surveillance" with respect to RF radiation. Only after years of exposure, will there be studies to characterize the health consequences. Some adverse health effects show up immediately, but it can often take 3 to 10 years for the longer term effects of RF illness to appear, such as cancer. Many researchers, public health officials and citizens believe that consumers shouldn't be forced to act as guinea pigs in a bioeffects experiment for the next 20 years. In short, "we are the experiment ", for health effects. Dr. Gerard Hyland, physicist, says existing safety guidelines for cell phone towers are completely inadequate, since they focus only on the thermal effects of exposure. [15] Hyland, twice nominated for the Nobel Prize in Medicine, says existing safety guidelines "afford no protection" against the non - thermal influences. "Quite justifiably, the public remains skeptical of attempts by governments and industry to reassure them that all is well, particularly given the unethical way in which they often operate symbiotically so as to promote their own vested interests." "Existing safety guidelines for cell phone towers are completely inadequate." — Dr. Gerard Hyland, Physicist — two -time nominee, Nobel Prize in Medicine The industry lobbied Congress with $39 million in 1996 to ensure passage of a law which essentially gives them the right to place these towers in our neighborhoods, and makes it next to impossible to oppose them based on health reasons. It is no coincidence that EPA funding was also cut in 1996 for electromagnetic radiation health studies. Citizens and communities across the country are angered, and are protesting this imposition of involuntary, 24- hour -a -day microwave exposure, without proven safety levels. As one citizen stated, "There's no place left to escape." Page 4 — Health Effects from Cell Phone Tower Radiation The industry lobbied Congress with $39 million in 1996 to pass a law that took away citizen's rights to oppose cell towers based on health reasons. Also, once a cell tower is erected, it has proved very difficult to verify the radiation is within legal limits. There are no safety measures in place to ensure that the towers are not emitting higher radiation levels than legally allowed. One frustrated resident finally spent $7,000 purchasing his own equipment to test a cell phone tower near his home, and found it emitting radiation at levels 250% over the legal limit. [16] Property values have also been known to drop once a cell tower is erected, due to the perceived risk of negative health effects. Cellular phone frequencies have also seriously disrupted local emergency and law enforcement radio communications. Massachusetts lawyer Mark Berthiaume, opposing placement of a cell phone tower, said "Municipalities .... are being bullied every day by providers of wireless telephone service who use their financial clout and the federal (law) to intimidate the communities into allowing them to place large towers in inappropriate locations." [17] Some Questions and Answers But don't we need and depend on cell phones? Of course. No one is saying not to have cell phones and towers, but to make them safer. If Austria can have levels 10,000 times more protective, then so can we. It is just more expensive to the companies. Also, we don't have to let these cell towers go anywhere and everywhere the industry , wants them. We can require that they erect the minimum number required to provide adequate coverage, and be put in the safest places possible. Why don't we just oppose the construction of cell towers in our county? In a strategic move, the cell phone industry has tried to make it illegal for citizens to oppose the towers based on health concerns. In the Telecommunications Act of 1996, state and local rights were seriously limited with regard to opposing towers based on health concerns. The constitutionality of this Act has been challenged in the Supreme Court, and a long legal battle is sure to follow. But it will take years, while the public continues to be exposed to chronic, cumulative radiation with each new cell tower. So what CAN we do? The Telecommunications Act prevents citizens from opposing the towers based on concerns about RF emissions, but we can oppose them on numerous other valid grounds. There are still rights we and our local elected officials maintain, that allow us local control of the number, size and placement of cell towers, while still providing for adequate cell phone coverage. Numerous communities have called for moratoriums on tower construction, allowing them needed time to study the issue, and enact strict ordinances that require the industry to respect community desires, such as building the minimum towers necessary, in appropriate locations. During these moratoriums, communities are preparing non - industry biased studies of cell phone tower need, and creating cell tower Master Plans, to help protect the rights and health of citizens, while complying with the law. [18, 19, 20] Siting of cellular towers is an important function of our elected officials. Protection of citizens' health and property rights should be foremost in the responsibilities of local government. We urge our elected officials to protect the health and welfare of the citizens who live here, rather than big -money interests with profit as their bottom line. Page 5 — Health Effects from Cell Phone Tower Radiation For further information, these websites offer a good starting point: .emrnetwork.org, www.microwavenews.com, www.ccwti.org, www. wave - guide.org, www.planwireless.com, www.rfsafe.com, www.Sageassociates.net ©2002, Karen J. Rogers, B.S. Endnotes 1 Microwave and Radio Frequency Radiation Exposure, San Francisco Medicine, Vol. 74, No 3, March 2001 2 Mobiles Risk to children, Daily Mail (U.K.), May 11, 2000 3 Radiofrequency Radiation Health Studies, Wireless Antenna Site Consumer Information Package, Sage Associates, Montecito, CA, 2000, www. sageassocciates.net 4 Tower concerns should be health, not aesthetics, Burlington Free Press, January 12, 2001 5 Selected and Extensive Bibliographies on Electromagnetic Fields and Health, Bridlewood Electromagnetic Fields (EMFs) Information Service, compiled by: Richard W. Woodley, revised 1999, www. wave - guide.org/ archives /bridlewood /bibIio.html 6 Reported Biological Effects From Radiofrequency Non - Ionizing Radiation, www.wave- guide.org /library/studies.html 7 Some Reported Biological Effects from Radiofrequency Radiation, Sage Associates, 2000 at www.sageassociates. net/rfchartreportbio - sample.pdf , and Reference List for Some Reported Biological Effects from Radiofrequency Radiation (RFR), Sage Associates, August 2000, at www.sageassociates .net /Bibliography - sample.pdf 8 A Cellular Phone Tower on Ossining High School ?, includes extensive reference to scientific papers and government documents citing adverse health effects from cell tower radiation, www.cyburban.com/—Iplachta/safeweb2.htm 9 Cell Phones: Invisible Hazards in the Wireless Age: An Insider's Alarming Discoveries About Cancer and Genetic Damage, Dr. George Carlo and Martin Schram, Carroll & Graf, ©2001 10 International Conference on Cell Tower Siting, by Monica Kauppi, No Place to Hide, September 2000, Resolution presented June 2000 and signed by 19 of 23 speakers, including Dr. Carl Blackman of the U.S. Environmental Protection Agency. 11 Ibid, endnote 5. 12 United States Environmental Protection Agency, Evaluation of the Potential Carcinogenicity of Electromagnetic Fields, External Review Draft, No. EPA/600 /6- 90/005B, October 1990. 13 Becker, Robert O., & Gary Seldon, The Body Electric: Electromagnetism and the Foundation of Life, William Morrow and Company, Inc., New York, NY, 1985 14 Becker, Robert O., Cross Currents: The Perils of Electropollution, The Promise of Electromedicine, Jeremy P. Tarcher Inc., Los Angeles, CA, 336 pp., 1990. 15 The Physiological and Environmental Effects of Non - ionising Electromagnetic Radiation, Dr. Gerard Hyland, presented to European Parliament's Industry, Trade, Research and Energy Committee, July 11, 2001. 16 FCC takes look at'antenna farm', Denver Post, October 30, 1998 17 Town May Order Company to Remove Cellular Tower, Massachusetts Lawyers Weekly, March 20, 2000 18 Cellular Tower Zoning, Siting, Leasing and Franchising: Federal Developments and Municipal Interests, by Varnum, Riddering, Schmidt, Howlett Attorneys at Law, presented to International Municipal Lawyers Association, September 2001, 19 Plan Wireless Newsletter, Kreines & Kreines, Inc., at www.planwireless.com /index.htm 20 U.S. 2nd Circuit Court of Appeals, SPRINT SPECTRUM v WILLOTH , (Corrected Opinion, August Term 1998) , Docket No. 98 -7442, at http: // laws .findlaw.com /2nd/987442v2.htmi http: / /www.mountshastaecology.org /l 7other01 cellphones.html WHO Electromagnetic fields and public health: mobile telephones and their base stations Page 1 of 3 �1 All WHO This site onl Home Media centre About WHO WHO > Programmes and projects > Media centre > Fact sheets Countries printable version Health topics Fact sheet N 0 193 Publications Revised June 2000 Data and statistics Electromagnetic fields and public health: mobile telephones and Programmes and their base stations projects Media centre Mobile telephones, sometimes called cellular phones or handles, are now an integral part of modern News telecommunications. In some parts of the world, they are the most reliable or only phones available. In others, mobile phones are very popular because they allow people to maintain continuous Events communication without hampering freedom of movement. Fact sheets This fact sheet has been updated in the light of recent reviews of the effects on human beings of Multimedia exposure to radiofrequency (RF) fields conducted by the World Health Organization (WHO) in November Contacts 1999, the Royal Society of Canada (1999), and a review on mobile phones and health by an expert committee in the United Kingdom (IEGMP 2000). USE OF MOBILE PHONES In many countries, over half the population already use mobile phones and the market is still growing rapidly. The industry predicts that there will be as many as 1.6 billion mobile phone subscribers worldwide in the year 2005. Because of this, increasing numbers of mobile base stations have had to be installed. Base stations are low- powered radio antennae that communicate with users' handsets. In early 2000 there were about 20,000 base stations in operation the United Kingdom and about 82,000 cell sites in the United States, with each cell site holding one or more base stations. CONCERNS FOR HEALTH Given the immense numbers of users of mobile phones, even small adverse effects on health could have major public health implications. This fact sheet addresses these concerns. Several important considerations must be kept in mind when evaluating possible health effects of RF fields. One is the frequency of operation. Current mobile phone systems operate at frequencies between 800 and 1800 MHz. It is important not to confuse such RF fields with ionizing radiation, such as X -rays or gamma rays. Unlike ionizing radiation, RF fields cannot cause ionization or radioactivity in the body. Because of this, RF fields are called non - ionizing. EXPOSURE LEVELS Mobile phone handsets and base stations present quite different exposure situations. RF exposure to a user of a mobile phone is far higher than to a person living near a cellular base station. However, apart from infrequent signals used to maintain links with nearby base stations, the handset transmits RF energy only while a call is being made, whereas base stations are continuously transmitting signals. Handsets: Mobile phone handsets are low- powered RF transmitters, emitting maximum powers in the range of 0.2 to 0.6 watts. Other types of hand held transmitter, such as "walkie talkies ", may emit 10 watts or more. The RF field strength (and hence RF exposure to a user) falls off rapidly with distance from the handset. Therefore, the RF exposure to a user of a mobile phone located 10s of centimetres from the head (using a "hands free" appliance) is far lower than to a user who places the headset against the head. RF exposures to nearby people are very low. Base stations: Base stations transmit power levels from a few watts to 100 watts or more, depending on the size of the region or "cell" that they are designed to service. Base station antennae are typically about 20 -30 cm in width and a metre in length, mounted on buildings or towers at a height of from 15 to 50 metres above ground. These antennae emit RF beams that are typically very narrow in the vertical direction but quite broad in the horizontal direction. Because of the narrow vertical spread of the beam, the RF field intensity at the ground directly below the antenna is low. The RF field intensity increases slightly as one moves away from the base station and then decreases at greater distances from the ..1-- http: / /www. who. int/ mediacentre /factsheets /fsl93 /en/ 9/10/200 WHO Electromagnetic fields and public health: mobile telephones and their base stations Page 2 of 3 Other RF sources in the community: Paging and other communications antennae such as those used by fire, police and emergency services, operate at similar power levels as cellular base stations, and often at a similar frequency. In many urban areas television and radio broadcast antennae commonly transmit higher RF levels than do mobile base stations. HEALTH EFFECTS RF fields penetrate exposed tissues to depths that depend on the frequency - up to a centimetre at the frequencies used by mobile phones. RF energy is absorbed in the body and produces heat, but the body's normal thermoregulatory processes carry this heat away. All established health effects of RF exposure are clearly related to heating. While RF energy can interact with body tissues at levels too low to cause any significant heating, no study has shown adverse health effects at exposure levels below international guideline limits. Most studies have examined the results of short -term, whole body exposure to RF fields at levels far higher than those normally associated with wireless communications. With the advent of such devices as walkie- talkies and mobile phones, it has become apparent that few studies address the consequences of localised exposures to RF fields to the head. WHO has identified research needs to make better health risk assessment and promoted the research to funding agencies. Briefly, at present time this research indicates: • Cancer: Current scientific evidence indicates that exposure to RF fields, such as those emitted by mobile phones and their base stations, is unlikely to induce or promote cancers. Several studies of animals exposed to RF fields similar to those emitted by mobile phones found no evidence that RF causes or promotes brain cancer. While one 1997 study found that RF fields increased the rate at which genetically engineered mice developed lymphoma, the health implications of this result is unclear. Several studies are underway to confirm this finding and determine any relevance of these results to cancer in human beings. Three recent epidemiological studies found no convincing evidence of increase in risk of cancer or any other disease with use of mobile phones. • Other health risks: Scientists have reported other effects of using mobile phones including changes in brain activity, reaction times, and sleep patterns. These effects are small and have no apparent health significance. More studies are in progress to try to confirm these findings. • Driving: Research has clearly shown an increased risk of traffic accidents when mobile phones (either handheld or with a "hands- free" kit) are used while driving. • Electromagnetic interference: When mobile phones are used close to some medical devices (including pacemakers, implantable defibrillators, and certain hearing aids) there is the possibility of causing interference. There is also the potential of interference between mobile phones and aircraft electronics. EMF GUIDELINES International guidelines developed by the International Commission on Non - Ionizing Radiation Protection (ICNIRP) are based on a careful analysis of all scientific literature (both thermal and non - thermal effects) and offer protection against all identified hazards of RF energy with large safety margins. Both measurements and calculations show that RF signal levels in areas of public access from base stations are far below international guidelines, typically by a factor of 100 or more. RF exposure levels to a user from mobile handsets are considerably larger but below international guidelines. WHAT WHO IS DOING In response to public concerns, WHO established the International Electromagnetic Fields (EMF) Project to assess the scientific evidence of possible health effects of EMF. Specific studies have been identified to address the problem of localised exposure. The project has established a formal mechanism for reviewing the research results and conducting risk assessments of RF exposure. It is also developing public information materials, and bringing together standards groups worldwide in an attempt to harmonise international exposure standards. WHO is also conducting RF research. A large epidemiology study is being co- ordinated in over 10 countries by the International Agency for Research on Cancer (IARC) -- a specialised cancer research agency of WHO -- to identify if there are links between use of mobile phones and head and neck cancers. The study is anticipated to be completed in 2003. CONCLUSIONS AND RECOMMENDATIONS http: / /www. who. int /mediacentre /factsheets /fsl93 /en/ 9 WHO Electromagnetic fields and public health: mobile telephones and their base stations Page 3 of 3 • Strict adherence to health -based guidelines: International guidelines have been developed to protect everyone in the population: mobile phone users, those who work near or live around base stations, as well as people who do not use mobile phones. • Precautionary measures - Government: If regulatory authorities have adopted health -based guidelines but, because of public concerns, would like to introduce additional precautionary measures to reduce exposure to RF fields, they should not undermine the science base of the guidelines by incorporating arbitrary additional safety factors into the exposure limits. Precautionary measures should be introduced as a separate policy that encourages, through voluntary means, the reduction of RF fields by equipment manufacturers and the public. Details of such measures are given in a separate WHO Background document. - Individuals: Present scientific information does not indicate the need for any special precautions for use of mobile phones. If individuals are concerned, they might choose to limit their own or their children's' RF exposure by limiting the length of calls, or using "hands- free" devices to keep mobile phones away from the head and body. • Obey local restrictions on mobile phone use to avoid EMF interference: Mobile phones may interfere with certain electromedical devices, such as cardiac pacemakers and hearing aids. In hospital intensive care departments mobile phone use can be a danger to patients and should not be used in these areas. Similarly mobile phones should not be used in aircraft as they may interfere with its navigation systems. • Driving safety: In moving vehicles there is a well established increase in the risk of traffic accidents while the driver is using a mobile phone, either a conventional handset or one fitted with a "hands free" device. Motorists should be strongly discouraged from using mobile phones while driving. • Simple protective measures: Fences or barriers or other protective measures are needed for some base stations (principally, those located on building rooftops) to preclude unauthorised access to areas where exposure limits may be exceeded. • RF absorbing devices: Scientific evidence does not indicate any need for RF- absorbing covers or other "absorbing devices" on mobile phones. They cannot be justified on health grounds and the effectiveness of many such devices in reducing RF exposure is unproven. • Consultations with the community in siting base stations: Base station sites must offer good signal coverage and be accessible for maintenance. While RF field levels around base stations are not considered a health risk, siting decisions should take into account aesthetics and public sensibilities. Siting base stations near kindergartens, schools and playgrounds may need special consideration. Open communication and discussion between the mobile phone operator, local council and the public during the planning stages for a new antenna can help create public understanding and greater acceptance of a new facility. • Providing information: An effective system of health information and communications among scientists, governments, industry and the public is needed to raise the level of general understanding about mobile phone technology and reduce any mistrust and fears, both real and perceived. This information should be accurate, and at the same time be appropriate in its level of discussion and understandable to the intended audience. FURTHER READING IEGMP (2000) Independent Expert Group on Mobile Phones, Mobile Phones and Health, National Radiological Protection Board (UK) 2000. Royal Society of Canada (1999). A review of the potential health risks of radiofrequency fields from wireless telecommunications devices. Expert panel report prepared by the Royal Society of Canada for Health Canada. Ottawa, Royal Society of Canada, RSC.EPR 99 -1. RELATED LINKS - The International Electromagnetic Fields Project - Electromagnetic fields - Independent Expert Group on Mobile Phones For more information contact: WHO Media centre Telephone: +4122 7912222 E -mail: mediainouiries0who.int http: / /www. who. int /mediacentre /factsheets /fsl93 /en/ 9 /10/2009 OET -- RF Safety FAQ's Page 1 of 6 FCC Home I Search I Updates I E -Fling I Initiatives I For Consumers I Find People Radio Frequency Safety FCC > OET> RF Safety > RF Safety FAQ's Search the FC _,� Radio Frequency Safety Help I Advanced RF Safety FAQ's a> Office of Engineering and a Technology (OET) FDA Website Frequently asked questions about the safety of radiofrequency (RF) and microwave emissions from transmitters and facilities regulated by the FCC For further information on these (and other) topics please refer to OET Bulletin 56. You may also contact the FCC's RF Safety Program at rfsafetv(&fcc.gov or 1- 888 - 225 -5322 Visit the FDA consumer information Index (click on topic below) wireless phone website. • What is "radiofreauency" and microwave radiation? • What is non - ionizing radiation? • How is radlofreauencv enerav used? • How is radiofreauencv radiation measured? • What biological effects can be caused by RF eneray7 • Can people bee po ad to levels of radiofrequency radiation and microwaves that could be harmful? • Can radiofreauencv radiation cause cancer? • What research is being done on RF biological effects? • What levels are safe for exposure to RF enerav? • Why has the FCC adopted guidelines for RF exposure? • How safe are mobile phones? Can they cause cancer? • How can I obtain the specific absorption rate (SARI value for my mobile phone? • places for mobile phones reduce exposure to RF emissions? What about mobile phone accessories that claim to shield the head from RF radiation? • Can mobile phones be used safely in hospitals and near medical telemetry equipment? • Are cellular and PCS towers and antennas safe? ts • Are cellular and other radio towers located near homes or schools safe for residen and students? • Are emissions from radio and television antennas safe? • H ow safe are radio antennas used for gaoino and "two-way" communications? What about "push -to -talk" radios such as "walkie- talkies ?" • How safe are microwave and satellite antennas? • Are RF emissions from amateur radio stations harmful? • What is the FCC's policy on radiofreauencv warning signs? For example, when should signs bg posted, where should they be located and what should they say? • C an implanted electronic cardiac pacemakers be affected by nearby RF devices such as microwave ovens or cellular telephones? • Does the FCC regulate exposure to radiation from microwave ovens television sets and computer monitors? • Does the FCC routinely monitor radiofreauencv radiation from antennas? • Does the FCC maintain a database that includes information on the location and technical parameters of all the towers and antennas it reaulates? • Which other federal agencies have responsibilities related to potential RF health effects? • Ca n local and state governmental bodies establish limits for RF exposure? • Where can I obtain more information on potential health effects of radiofreauency enemy? WHAT ARE " RADIOFREQUENCY" AND MICROWAVE RADIATION? Electromagnetic radiation consists of waves of electric and magnetic energy moving together (Le., radiating) through space at the speed of light. Taken together, all forms of electromagnetic energy are referred to as the electromagnetic "spectrum." Radio waves and microwaves emitted by transmitting antennas are one form of electromagnetic energy. They are collectively referred to as "radiofrequency" or "RF" energy or radiation. Note that the term "radiation" does not mean "radioactive." Often, the terms "electromagnetic field" or "radlofrequency field" may be used to indicate the presence of electromagnetic or RF energy. The RF waves emanating from an antenna are generated by the movement of electrical charges in the antenna. Electromagnetic waves can be characterized by a wavelength and a frequency. The wavelength is the distance covered by one complete cycle of the electromagnetic wave, while the frequency Is the number of electromagnetic waves passing a given point in one second. The frequency of an RF signal is usually expressed in terms of a unit called the "hertz" (abbreviated "He). One Hz equals one cycle per second. One megahertz ( "MHz ") equals one million cycles per second. Different forms of electromagnetic energy are categorized by their wavelengths and frequencies. The RF part of the electromagnetic spectrum is generally defined as that part of the spectrum where electromagnetic waves have frequencies in the range of about 3 kilohertz (3 kHz) to 300 gigahertz (300 GHz). Microwaves are a specific category of radio waves that can be loosely defined as radiofrequency energy at frequencies ranging from about 1 GHz upward. (Back to Index) WHAT IS NON - IONIZING RADIATION? "Ionization" is a process by which electrons are stripped from atoms and molecules. This process can produce molecular changes that can lead to damage in biological tissue, Including effects on DNA, the genetic material of living organisms. This process requires interaction with high levels of electromagnetic energy. Those types of electromagnetic radiation with enough energy to ionize biological material include X- radiation and gamma radiation. Therefore, X -rays and gamma rays are examples of ionizing radiation. The energy levels associated with RF and microwave radiation, on the other hand, are not great enough to cause the Ionization of atoms and molecules, and RF energy is, therefore, is a type of non - ionizing radiation. Other types of non- Ionizing radiation include visible and infrared light. Often the term "radiation" is used, colloquially, to imply that Ionizing radiation (radioactivity), such as that associated with nuclear power plants, is present. Ionizing radiation should not be confused with the lower - energy, non - ionizing radiation with respect to possible biological effects, since the mechanisms of action are quite different. ,(Back to Index) HOW IS RADIOFREQUENCY ENERGY USED? Probably the most important use for RF energy is in providing telecommunications services. Radio and television broadcasting, cellular telephones, personal communications services (PCS), pagers, cordless telephones, business radio, radio communications for police and fire departments, amateur radio, microwave point -to- point links and satellite communications are just a few of the many telecommunications applications of RF energy. Microwave ovens are an example of a non - communication use of RF energy. Radiofrequency radiation, especially at microwave frequencies, can transfer energy to water molecules. High levels of microwave energy will generate heat in water -rich materials such as most foods. This efficient absorption of microwave energy via water molecules results in rapid heating throughout an object, thus allowing food to be cooked more quickly in a microwave oven than in a conventional oven. Other important non - communication uses of RF energy include radar and Industrial heating and sealing. Radar is a valuable tool used in many applications range from traffic speed enforcement to air traffic control and military surveillance. Industrial heaters and sealers generate intense levels of RF radiation that rapidly heats the material being processed in the same way that a microwave oven cooks food. These devices have many uses in industry, including molding plastic materials, gluing wood products, sealing items such as shoes and pocketbooks, and processing food products. There are also a number of medical applications of RF energy, such as diathermy and magnetic resonance imaging (MRI). (Back to Index) HOW IS RADIOFREQUENCY RADIATION MEASURED? An RF electromagnetic wave has both an electric and a magnetic component (electric field and magnetic field), and it Is often convenient to express the Intensity of the RF environment at a given location in terms of units specific to each component. For example, the unit "volts per meter" (Wm) is used to express the strength of the electric field (electric "field strength "), and the unit "amperes per meter" (Alm) is used to express the strength of the magnetic field (magnetic "field strength "). Another commonly used unit for characterizing the total electromagnetic field is "power density." Power density is most appropriately used when the point of measurement is far enough away from an antenna to be located in the "far -field" zone of the antenna. Power density is defined as power per unit area. For example, power density is commonly expressed in terms of watts per square meter (W /m2), milliwatts per square centimeter (mW /cm2), or microwatts per square centimeter (pW /cm2). One mW /cm2 equals 10 W /m2, and 100 pW /cm2 equal one W /m2. With respect to frequencies in htti):// www. fcc .gov /oet/rfsafety /rf- fags.html 9/10/2009 OET -- RF Safety FAQ's Page 2 of 6 the microwave range, power density is usually used to express intensity of exposure. The quantity used to measure the rate at which RF energy is actually absorbed in a body is called the "Specific Absorption Rate" or "SAR." It is usually expressed in units of watts per kilogram (W /kg) or milliwatts per gram (mW /g). In the case of exposure of the whole body, a standing ungrounded human adult absorbs RF energy at a maximum rate when the frequency of the RF radiation is in the range of about 70 MHz. This means that the "whole- body" SAR is at a maximum under these conditions. Because of this "resonance" phenomenon and consideration of children and grounded adults, RF safety standards are generally most restrictive in the frequency range of about 30 to 300 MHz. For exposure of parts of the body, such as the exposure from hand -held mobile phones, "partial- body" SAR limits are used in the safety standards to control absorption of RF energy (see later questions on mobile phones). (Back to Index) WHAT BIOLOGICAL EFFECTS CAN BE CAUSED BY RF ENERGY? Biological effects can result from exposure to RF energy. Biological effects that result from heating of tissue by RF energy are often referred to as "thermal" effects. It has been known for many years that exposure to very high levels of RF radiation can be harmful due to the ability of RF energy to heat biological tissue rapidly. This is the principle by which microwave ovens cook food. Exposure to very high RF intensities can result in heating of biological tissue and an increase in body temperature. Tissue damage in humans could occur during exposure to high RF levels because of the body's inability to cope with or dissipate the excessive heat that could be generated. Two areas of the body, the eyes and the testes, are particularly vulnerable to RF heating because of the relative lack of available blood Flow to dissipate the excess heat load. At relatively low levels of exposure to RF radiation, i.e., levels lower than those that would produce significant heating; the evidence for production of harmful biological effects is ambiguous and unproven. Such effects, if they exist, have been referred to as "non- thermal" effects. A number of reports have appeared in the scientific literature describing the observation of a range of biological effects resulting from exposure to low- levels of RF energy. However, in most rases, further experimental research has been unable to reproduce these effects. Furthermore, since much of the research is not done on whole bodies (in vivo), there has been no determination that such effects constitute a human health hazard. It is generally agreed that further research is needed to determine the generality of such effects and their possible relevance, if any, to human health. In the meantime, standards- setting organizations and government agencies continue to monitor the latest experimental findings to confirm their validity and determine whether changes in safety limits are needed to protect human health. (Back to Index) CAN PEOPLE BE EXPOSED TO LEVELS OF RADIOFREQUENCY RADIATION THAT COULD BE HARMFUL? Studies have shown that environmental levels of RF energy routinely encountered by the general public are typically far below levels necessary to produce significant heating and increased body temperature. However, there may be situations, particularly in workplace environments near high - powered RF sources, where the recommended limits for safe exposure of human beings to RF energy could be exceeded. In such cases, restrictive measures or mitigation actions may be necessary to ensure the safe use of RF energy. (Back to Index) CAN RADIOFREQUENCY RADIATION CAUSE CANCER? Some studies have also examined the possibility of a link between RF exposure and cancer. Results to date have been inconclusive. While some experimental data have suggested a possible link between exposure and tumor formation in animals exposed under certain specific conditions, the results have not been independently replicated. Many other studies have failed to find evidence for a link to cancer or any related condition. The Food and Drug Administration has further information on this topic with respect to RF exposure from mobile phones at the following Web site: www.fda.goy/cellphones/ . (Back to Index) WHAT RESEARCH IS BEING DONE ON RF BIOLOGICAL EFFECTS? For many years, research Into the possible biological effects of RF energy has been carried out in laboratories around the world, and such research is continuing. Past research has resulted in a large number of peer- reviewed scientific publications on this topic. For many years the U.S. Government has sponsored research into the biological effects of RF energy. The majority of this work has been funded by the Department of Defense, due in part, to the extensive military interest in using RF equipment such as radar and other relatively high - powered radio transmitters for routine military operations. In addition, some U.S, civilian federal agencies responsible for health and safety, such as the Environmental Protection Agency (EPA) and the U.S. Food and Drug Administration (FDA), have sponsored and conducted research in this area. At the present time, most of the non - military research on biological effects of RF energy in the U.S. is being funded by industry organizations, although relatively more research by government agencies is being carried out overseas, particularly in Europe. In 1996, the World Health Organization (WHO) established a program called the International EMF Project, which is designed to review the scientific literature concerning biological effects of electromagnetic fields, identify gaps in knowledge about such effects, recommend research needs, and work towards international resolution of health concerns over the use of RF technology. The WHO maintains a Web site that provides extensive information on this project and about RF biological effects and research ( www.who. ch /oeh -emf The FDA, the EPA and other federal agencies responsible for public health and safety have worked together and in connection with the WHO to monitor developments and identify research needs related to RF biological effects. More information about this can be obtained at the FDA Web site: www.fda.aov/cellphones/ (Back to Index) WHAT LEVELS ARE SAFE FOR EXPOSURE TO RF ENERGY? Exposure standards for radiofrequency energy have been developed by various organizations and countries. These standards recommend safe levels of exposure for both the general public and for workers. In the United States, the FCC has adopted and used recognized safety guidelines for evaluating RF environmental exposure since 1985. Federal health and safety agencies, such as the EPA, FDA, the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA) have also been involved in monitoring and investigating issues related to RF exposure. The FCC guidelines for human exposure to RF electromagnetic fields were derived from the recommendations of two expert organizations, the National Council on Radiation Protection and Measurements (NCRP) and the Institute of Electrical and Electronics Engineers (IEEE). Both the NCRP exposure criteria and the IEEE standard were developed by expert scientists and engineers after extensive reviews of the scientific literature related to RF biological effects. The exposure guidelines are based on thresholds for known adverse effects, and they incorporate prudent margins of safety. In adopting the most recent RF exposure guidelines, the FCC consulted with the EPA, FDA, OSHA and NIOSH, and obtained their support for the guidelines that the FCC is using. Many countries in Europe and elsewhere use exposure guidelines developed by the International Commission on Non - Ionizing Radiation Protection ( ICNIRP). The ICNIRP safety limits are generally similar to those of the NCRP and IEEE, with a few exceptions. For example, ICNIRP recommends somewhat different exposure levels in the lower and upper frequency ranges and for localized exposure due to such devices as hand -held cellular telephones. One of the goals of the WHO EMF Project (see above) is to provide a framework for international harmonization of RF safety standards. The NCRP, IEEE and ICNIRP exposure guidelines identify the same threshold level at which harmful biological effects may occur, and the values for Maximum Permissible Exposure (MPE) recommended for electric and magnetic field strength and power density in both documents are based on this level. The threshold level is a Specific Absorption Rate (SAR) value for the whole body of 4 watts per kilogram (4 W /kg). In addition, the NCRP, IEEE and ICNIRP guidelines for maximum permissible exposure are different for different transmitting frequencies. This is due to the finding (discussed above) that whole -body human absorption of RF energy varies with the frequency of the RF signal. The most restrictive limits on whole -body exposure are in the frequency range of 30 -300 MHz where the human body absorbs RF energy most efficiently when the whole body is exposed. For devices that only expose part of the body, such as mobile phones, different exposure limits are specified (see below). The exposure limits used by the FCC are expressed in terms of SAR, electric and magnetic field strength and power density for transmitters operating at frequencies from 300 kHz to 100 GHz. The actual values can be found in either of two informational bulletins available at this Web site (OET Bulletin 56 or OET Bulletin 65 ), see listing for "OET Safety Bulletins." (Back to Index) WHY HAS THE FCC ADOPTED GUIDELINES FOR RF EXPOSURE? The FCC authorizes and licenses devices, transmitters and facilities that generate RF radiation. It has jurisdiction over all transmitting services in the U.S. except those specifically operated by the Federal Government. However, the FCC's primary jurisdiction does not lie in the health and safety area, and it must rely on other agencies and organizations for guidance in these matters. Under the National Environmental Policy Act of 1969 (NEPA), all Federal agencies are required to implement procedures to make environmental consideration a necessary part of an agency's decision- making process. Therefore, FCC approval and licensing of transmitters and facilities must be evaluated for significant impact on the environment. Human exposure to RF radiation emitted by FCC - regulated transmitters is one of several factors that must be considered in such environmental evaluations. In 1996, the FCC revised its guidelines for RF exposure as a result of a multi -year proceeding and as required by the Telecommunications Act of 1996. Facilities under the jurisdiction of the FCC having a high potential for creating significant RF exposure to humans, such as radio and television broadcast stations, satellite - earth stations, experimental radio stations and certain cellular, PCS and paging facilities are required to undergo routine evaluation for compliance with RF exposure guidelines whenever an application is submitted to the FCC for construction or modification of a transmitting facility or renewal of a license. Failure to show compliance with the FCC's RF exposure guidelines in the application process could lead to the preparation of a formal Environmental Assessment, possible Environmental Impact Statement and eventual rejection of an application. Technical guidelines for evaluating compliance with the FCC RF safety requirements can be found in the FCC's M Bulletin 6S (see "CET Safety Bulletins" listing elsewhere at this Web site). Low - powered, intermittent, or inaccessible RF transmitters and facilities are normally "categorically excluded" from the requirement of routine evaluation for RF exposure. These exclusions are based on calculations and measurement data indicating that such transmitting stations or devices are unlikely to cause exposures in excess of the guidelines under normal conditions of use. The FCC's policies on RF exposure and categorical exclusion can be found in Section 1.1307(b) of the FCC's Rules and http:// www. fcc .Rov /oet/rfsafetY /rf- fags.html 9/10/2009 OET -- RF Safety FAQ's Page 3 of 6 Regulations [47 CFR 1.1307(b)]. It should be emphasized, however, that these exclusions are not exclusions from compliance, but, rather, only exclusions from routine evaluation. Transmitters or facilities that are otherwise categorically excluded from evaluation may be required, on a case -by -case basis, to demonstrate compliance when evidence of potential non - compliance of the transmitter or facility is brought to the Commission's attention [see 47 CFR 1.1307(c) and (d)]. (Back to Index) HOW SAFE ARE MOBILE AND PORTABLE PHONES? In recent years, publicity, speculation, and concern over claims of possible health effects due to RF emissions from hand -held wireless telephones prompted various research programs to investigate whether there is any risk to users of these devices There is no scientific evidence to date that proves that wireless phone usage can lead to cancer or a variety of other health effects, including headaches, dizziness or memory loss. However, studies are ongoing and key government agencies, such as the Food and Drug Administration (FDA) continue to monitor the results of the latest scientific research on these topics. Also, as noted above, the World Health Organization has established an ongoing program to monitor research in this area and make recommendations related to the safety of mobile phones. The FDA, which has primary jurisdiction for investigating mobile phone safety, has stated that it cannot rule out the possibility of risk, but if such a risk exists, "it is probably small." Further, it has stated that, while there is no proof that cellular telephones can be harmful, concerned individuals can take various precautionary actions, including limiting conversations on hand -held cellular telephones and making greater use of telephones with hands -free kits where there is a greater separation distance between the user and the radiating antenna. The Web site for the FDA's Center for Devices and Radiological Health provides further Information on mobile phone safety: www.fda.gov/cellphones/ The Government Accounting Office (GAO) prepared a report of its investigation into safety concerns related to mobile phones. The report concluded that further research is needed to confirm whether mobile phones are completely safe for the user, and the report recommended that the FDA take the lead in monitoring the latest research results. The FCC's exposure guidelines specify limits for human exposure to RF emissions from hand -held mobile phones in terms of Specific Absorption Rate (SAR), a measure of the rate of absorption of RF energy by the body. The safe limit for a mobile phone user is an SAR of 1.6 watts per kg (1.6 W /kg), averaged over one gram of tissue, and compliance with this limit must be demonstrated before FCC approval is granted for marketing of a phone In the United States. Somewhat less restrictive limits, e.g., 2 W /kg averaged over 10 grams of tissue, are specified by the ICNIRP guidelines used in Europe and most other countries. Measurements and analysis of SAR in models of the human head have shown that the 1.6 W /kg limit is unlikely to be exceeded under normal conditions of use of cellular and PCS hand -held phones. The same can be said for cordless telephones used in the home. Testing of hand -held phones is normally done under conditions of maximum power usage, thus providing an additional margin of safety, since most phone usage is not at maximum power. Information on SAR levels for many phones is available electronically through the FCC's Web site and database (see next question). (Back to Index) HOW CAN I OBTAIN THE SPECIFIC ABSORPTION RATE (SAR) VALUE FOR MY MOBILE PHONE? As explained above, the Specific Absorption Rate, or SAR, is the unit used to determine compliance of cellular and PCS phones with safety limits adopted by the FCC. The SAR is a value that corresponds to the rate at which RF energy absorbed in the head of a user of a wireless handset. The FCC requires.mobile phone manufacturers to demonstrate compliance with an SAR level of 1.6 watts per kilogram (averaged over one gram of tissue). Information on SAR for a specific cell phone model can be obtained for almost all cellular telephones by using the FCC identification (ID) number for that model. The FCC ID number is usually printed somewhere on the case of the phone or device. In many cases, you will have to remove the battery pack to find the number. Once you have the number proceed as follows. Go to the following website: Equipment Authorization Click on the link for "FCC ID Search ". Once you are there you will see instructions for inserting the FCC ID number. Enter the FCC ID number (in two parts as indicated: "Grantee Code" is comprised of the first three characters, the "Equipment Product Code" is the remainder of the FCC ID). Then click on "Start Search." The grant(s) of equipment authorization for this particular ID number should then be available. Click on a check under "Display Grant" and the grant should appear. Look through the grant for the section on SAR compliance, certification of compliance with FCC rules for RF exposure or similar language. This section should contain the value(s) for typical or maximum SAR for your phone. For portable phones and devices authorized since June 2, 2000, maximum SAR levels should be noted on the grant of equipment authorization. For phones and devices authorized between about mid -1998 and June 2000, detailed information on SAR levels is typically found in one of the "exhibits" associated with the grant. Therefore, once the grant is accessed in the FCC database, the exhibits can be viewed by clicking on the appropriate entry labeled "View Exhibit." Electronic records for FCC equipment authorization grants were initiated in 1998, so devices manufactured prior to this date may not be included in our electronic database. Although the FCC database does not list phones by model number, there are certain non - government Web sites such as www.cnet.com that provide Information on SAR from specific models of mobile phones. However, the FCC has not reviewed these sites for accuracy and makes no guarantees with respect to them. In addition to these sites, some mobile phone manufacturers make this information available at their own Web sites. Also, phones certified by the Cellular Telecommunications and Internet Association (CTIA) are now required to provide this information to consumers in the instructional materials that come with the phones. If you want additional consumer information on safety of cell phones and other transmitting devices please consult the information available below at this Web site. In particular, you may wish to read or download our OET Bulletin 56 (see "OET RF Safety Bulletins" listing) entitled: "Questions and Answers about Biological Effects and Potential Hazards of Radiofrequency Electromagnetic Fields." If you have any problems or additional questions you may contact us at: rfsafetv(dfcc.aov or you may call: 1- 888 - 225 -5322. You may also wish to consult a consumer update on mobile phone safety published by the U.S. Food and Drug Administration (FDA) that can be found at: www.fda gov /cel hn ones / (Back to Index) DO "HANDS -FREE" EAR PIECES FOR MOBILE PHONES REDUCE EXPOSURE TO RF EMISSIONS? WHAT ABOUT MOBILE PHONE ACCESSORIES THAT CLAIM TO SHIELD THE HEAD FROM RF RADIATION? "Hands -free" kits with ear pieces can be used with cell phones for convenience and comfort. In addition, because the phone, which is the source of the RF emissions, will not be placed against the head, absorption of RF energy in the head will be reduced. Therefore, it is true that use of an ear piece connected to a mobile phone will significantly reduce the rate of energy absorption (or "SAR ") in the user's head. On the other hand, if the phone is mounted against the waist or other part of the body during use, then that part of the body will absorb RF energy. Even so, mobile phones marketed in the U.S. are required to meet safety limit requirements regardless of whether they are used against the head or against the body. So either configuration should result in compliance with the safety limit. Note that hands -free devices using " Bluetooth" technology also include a wireless transmitter; however, the Bluetooth transmitter operates at a much lower power than the cell phone. A number of devices have been marketed that claim to "shield" or otherwise reduce RF absorption in the body of the user. Some of these devices incorporate shielded phone cases, while others involve nothing more than a metallic accessory attached to the phone. Studies have shown that these devices generally do not work as advertised. In fact, they may actually increase RF absorption in the head due to their potential to interfere with proper operation of the phone, thus forcing it to increase power to compensate. (Back to Index) CAN MOBILE PHONES BE USED SAFELY IN HOSPITALS AND NEAR MEDICAL TELEMETRY EQUIPMENT? The FCC does not normally investigate problems of electromagnetic interference from RF transmitters to medical devices. Some hospitals have policies, which limit the use of cell phones, due to concerns that sensitive medical equipment could be affected. The FDA's Center for Devices and Radiological Health (CDRH) has primary jurisdiction for medical device regulation. FDA staff has monitored this potential problem and more information is available from the CDRH Web site: www.fda.gov /cdrh . (Back to Index) ARE CELLULAR AND PCS TOWERS AND ANTENNAS SAFE? Cellular radio services transmit using frequencies between 824 and 894 megahertz (MHz). Transmitters in the Personal Communications Service (PCS) use frequencies in the range of 1850 -1990 MHz. Antennas used for cellular and PCs transmissions are typically located on towers, water tanks or other elevated structures including rooftops and the sides of buildings. The combination of antennas and associated electronic equipment is referred to as a cellular or PCS "base station" or "cell site." Typical heights for free - standing base station towers or structures are 50 -200 feet. A cellular base station may utilize several "omni- directional" antennas that look like poles, 10 to 15 feet in length, although these types of antennas are less common in urbanized areas. In urban and suburban areas, cellular and PCS service providers commonly use "sector" antennas for their base stations. These antennas are rectangular panels, e.g., about i by 4 feet in size, typically mounted on a rooftop or other structure, but they are also mounted on towers or poles. Panel antennas are usually arranged in three groups of three each. It is common that not all antennas are used for the transmission of RF energy; some antennas may be receive -only. At a given cell site, the total RF power that could be radiated by the antennas depends on the number of radio channels (transmitters) installed, the power of each transmitter, and the type of antenna. While it is theoretically possible for cell sites to radiate at very high power levels, the maximum power radiated in any direction usually does not exceed 50 watts. The RF emissions from cellular or PCS base station antennas are generally directed toward the horizon in a relatively narrow pattern in the vertical plane. In the case of sector (panel) antennas, the pattern is fan - shaped, like a wedge cut from a pie. As with all forms of electromagnetic energy, the power density from the antenna decreases rapidly as one moves away from the antenna. Consequently, ground -level exposures are much less than exposures if one were at the same height and directly in front of the antenna. Measurements made near typical cellular and PCS installations, especially those with tower- mounted antennas, have shown that ground -level power densities are thousands of times less than the FCC's limits for safe exposure. This makes it extremely unlikely that a member of the general public could be exposed to RF levels in excess of FCC guidelines due solely to cellular or PCS base station antennas located on towers or monopoles. htti): / /www.fcc .gov /oet/rfsafetY /rf- fags.html 9/10/2009 OET -- RF Safety FAQ's Page 4 of 6 When cellular and PCS antennas are mounted at rooftop locations it is possible that a person could encounter RF levels greater than those typically encountered on the ground. However, once again, exposures approaching or exceeding the safety guidelines are only likely to be encountered very close to and directly in front of the antennas. For sector -type antennas, RF levels to rear are usually very low. (Back to Index) For further information on cellular services go to http /wireless fcc oov /services /index htm ?igb= service home &id = cellular ARE CELLULAR AND OTHER RADIO TOWERS LOCATED NEAR HOMES OR SCHOOLS SAFE FOR RESIDENTS AND STUDENTS? As discussed above, radiofrequency emissions from antennas used for cellular and PCS transmissions result in exposure levels on the ground that are typically thousands of times below safety limits. These safety limits were adopted by the FCC based on the recommendations of expert organizations and endorsed by agencies of the Federal Government responsible for health and safety. Therefore, there is no reason to believe that such towers could constitute a potential health hazard to nearby residents or students. Other antennas, such as those used for radio and television broadcast transmissions, use power levels that are generally much higher than those used for cellular and PCS antennas. Therefore, in some cases there could be a potential for higher levels of exposure to persons on the ground. However, all broadcast stations are required to demonstrate compliance with FCC safety guidelines, and ambient exposures to nearby persons from such stations are typically well below FCC safety limits. (Back to Index ARE EMISSIONS FROM RADIO AND TELEVISION BROADCAST ANTENNAS SAFE? Radio and television broadcast stations transmit their signals via RF electromagnetic waves. There are thousands of radio and TV stations on the air in the United States. Broadcast stations transmit at various RF frequencies, depending on the channel, ranging from about 540 kHz for AM radio up to about 800 MHz for UHF television stations. Frequencies for FM radio and VHF television lie in between these two extremes. Broadcast transmitter power levels range from a few watts to more than 100,000 watts. Some of these transmission systems can be a significant source of RF energy in the local environment, so the FCC requires that broadcast stations submit evidence of compliance with FCC RF guidelines. The amount of RF energy to which the public or workers might be exposed as a result of broadcast antennas depends on several factors, including the type of station, design characteristics of the antenna being used, power transmitted to the antenna, height of the antenna and distance from the antenna. Note that the power normally quoted for FM and TV broadcast transmitters is the "effective radiated power" or ERP not the actual transmitter power mentioned above. ERP is the transmitter power delivered to the antenna multiplied by the directivity or gain of the antenna. Since high gain antennas direct most of the RF energy toward the horizon and not toward the ground, high ERP transmission systems such as used for UHF -TV broadcast tend to have less ground level field intensity near the station than FM radio broadcast systems with lower ERP and gain values. Also, since energy at some frequencies is absorbed by the human body more readily than at other frequencies, both the frequency of the transmitted signal and its intensity is important. Calculations can be performed to predict what field intensity levels would exist at various distances from an antenna. Public access to broadcasting antennas is normally restricted so that individuals cannot be exposed to high -level fields that might exist near antennas. Measurements made by the FCC, EPA and others have shown that ambient RF radiation levels in inhabited areas near broadcasting facilities are typically well below the exposure levels recommended by current standards and guidelines. There have been a few situations around the country where RF levels in publicly accessible areas have been found to be higher than those recommended in applicable safety standards. As they have been identified, the FCC has required that stations at those facilities promptly bring their combined operations into compliance with our guidelines. Thus, despite the relatively high operating powers of many broadcast stations, such cases are unusual, and members of the general public are unlikely to be exposed to RF levels from broadcast towers that exceed FCC limits Antenna maintenance workers are occasionally required to climb antenna structures for such purposes as painting, repairs, or lamp replacement. Both the EPA and OSHA have reported that in such cases it is possible for a worker to be exposed to high levels of RF energy if work is performed on an active tower or in areas immediately surrounding a radiating antenna. Therefore, precautions should be taken to ensure that maintenance personnel are not exposed to unsafe RF fields. (Back to Index) HOW SAFE ARE RADIO ANTENNAS USED FOR PAGING AND "TWO -WAY" COMMUNICATIONS? WHAT ABOUT "PUSH -TO- TALK" RADIOS SUCH AS "WALKIE- TALKIES?" "Land- mobile" communications Include a variety of communications systems, which require the use of portable and mobile RF transmitting sources. These systems operate in several frequency bands between about 30 and 1000 MHz. Radio systems used by the police and fire departments, radio paging services and business radio are a few examples of these communications systems. They have the advantage of providing communications links between various fixed and mobile locations. There are essentially three types of RF transmitters associated with land- mobile systems: base - station transmitters, vehicle- mounted transmitters, and hand -held transmitters. The antennas and power levels used for these various transmitters are adapted for their specific purpose. For example, a base - station antenna must radiate its signal to a relatively large area, and therefore, its transmitter generally has to use higher power levels than a vehicle- mounted or hand -held radio transmitter. Although base - station antennas usually operate with higher power levels than other types of land- mobile antennas, they are normally Inaccessible to the public since they must be mounted at significant heights above ground to provide for adequate signal coverage. Also, many of these antennas transmit only intermittently. For these reasons, base - station antennas are generally not of concern with regard to possible hazardous exposure of the public to RF radiation. Studies at rooftop locations have indicated that high - powered paging antennas may Increase the potential for exposure to workers or others with access to such sites, e.g., maintenance personnel. This could be a concern especially when multiple transmitters are present. In such cases, restriction of access or other mitigation actions may be necessary. Transmitting power levels for vehicle- mounted land- mobile antennas are generally less than those used by base - station antennas but higher than those used for hand -held units. Some manufacturers recommend that users and other nearby individuals maintain some minimum distance (e.g., 1 to 2 feet) from a vehicle- mounted antenna during transmission or mount the antenna in such a way as to provide maximum shielding for vehicle occupants. Studies have shown that this is probably a conservative precaution, particularly when the percentage of time an antenna is actually radiating is considered. Unlike cellular telephones, which transmit continuously during a call, two -way radios normally transmit only when the "push -to- talk" button is depressed. This significantly reduces exposure, and there is no evidence that there would be a safety hazard associated with exposure from vehicle - mounted, two -way antennas when the manufacturer's recommendations are followed. Hand -held "two -way" portable radios such as walkie - talkies are low- powered devices used to transmit and receive messages over relatively short distances. Because of the low power levels used, the intermittency of these transmissions ( "push -to- talk "), and due to the fact that these radios are held away from the head, they should not expose users to RF energy in excess of safe limits. Although FCC rules do not require routine documentation of compliance with safety limits for push -to -talk two -way radios as it does for cellular and PCS phones (which transmit continuously during use and which are held against the head), most of these radios are tested and the resulting SAR data are available from the FCC's Equipment Authorization database. Click on the link for "FCC ID Search <imbed hypertext link >. ". (Back to Indexl HOW SAFE ARE MICROWAVE AND SATELLITE ANTENNAS? Point -to -point microwave antennas transmit and receive microwave signals across relatively short distances (from a few tenths of a mile to 30 miles or more). These antennas are usually circular ( "dish ") or rectangular in shape and are normally mounted on a supporting tower, rooftop, sides of buildings or on similar structures that provide clear and unobstructed line -of -sight paths between both ends of a transmission path. These antennas have a variety of uses, such as relaying long- distance telephone calls, and serving as links between broadcast studios and transmitting sites. The RF signals from these antennas travel in a directed beam from a transmitting antenna to the receiving antenna, and dispersion of microwave energy outside of this narrow beam is minimal or insignificant. In addition, these antennas transmit using very low power levels, usually on the order of a few watts or less. Measurements have shown that ground -level power densities due to microwave directional antennas are normally thousands of times or more below recommended safety limits. .. Moreover, microwave tower sites are normally inaccessible to the general public. Significant exposures from these antennas could only occur in the unlikely event that an individual were to stand directly in front of and very close to an antenna for a period of time. Ground -based antennas used for satellite -earth communications typically are parabolic "dish" antennas, some as large as 10 to 30 meters in diameter, that are used to transmit ( "uplink ") or receive ( "downlink") microwave signals to or from satellites in orbit around the earth. These signals allow delivery of a variety of communications services, including television network programming, electronic newsgathering and point -of -sale credit card transactions. Some satellite -earth station antennas are used only to receive RF signals (i.e., like the satellite television antenna used at a residence), and because they do not transmit, RF exposure is not an Issue for those antennas. Since satellite -earth station antennas are directed toward satellites above the earth, transmitted beams point skyward at various angles of Inclination, depending on the particular satellite being used. Because of the longer distances involved, power levels used to transmit these signals are relatively large when compared, for example, to those used by the terrestrial microwave point -to -point antennas discussed above. However, as with microwave antennas, the beams used for transmitting earth -to- satellite signals are concentrated and highly directional, similar to the beam from a Flashlight. In addition, public access would normally be restricted at uplink sites where exposure levels could approach or exceed safe limits. Although many satellite -earth stations are "fixed" sites, portable uplink antennas are also used, e.g., for electronic news gathering. These antennas can be deployed in various locations. Therefore, precautions may be necessary, such as temporarily restricting access in the vicinity of the antenna, to avoid exposure to the main transmitted beam. In general, however, it is unlikely that a transmitting earth station antenna would routinely expose members of the public to potentially harmful levels of RF energy. (Back to Index) ARE RF EMISSIONS FROM AMATEUR RADIO STATIONS HARMFUL? There are hundreds of thousands of amateur radio operators ( "hams ") worldwide. Amateur radio operators in the United States are licensed by the FCC. The Amateur Radio Service provides its members with the opportunity to communicate with persons all over the world and to provide valuable public service functions, such as making communications services available during disasters and emergencies. Like all FCC licensees, amateur radio operators are required to comply with the FCC's guidelines for hUD: / /www. fcc .gov /oet/rfsafety /rf- fags.html - 9/10/2009 OET -- RF Safety FAQ's Page 5 of 6 safe human exposure to RF fields. Under the FCC's rules, amateur operators can transmit with power levels of up to 1500 watts. However, most operators use considerably less power than this maximum. Studies by the FCC and others have shown that most amateur radio transmitters would not normally expose persons to RF levels in excess of safety limits. This is primarily due to the relatively low operating powers used by most amateurs, the intermittent transmission characteristics typically used and the relative inaccessibility of most amateur antennas. As long as appropriate distances are maintained from amateur antennas, exposure of nearby persons should be well below safety limits. To help ensure compliance of amateur radio facilities with RF exposure guidelines, both the FCC and American Radio Relay League (ARRL) have issued publications to assist operators in evaluating compliance for their stations. The FCC's publication (Supplement B to OET Bulletin 65 can be viewed and downloaded elsewhere at this Web site (see "OET RF Safety Bulletins "). (Back to Index) WHAT IS THE FCC'S POLICY ON RADIOFREQUENCY WARNING SIGNS? FOR EXAMPLE, WHEN SHOULD SIGNS BE POSTED, WHERE SHOULD THEY BE LOCATED AND WHAT SHOULD THEY SAY? Radiofrequency warning or "alerting" signs should be used to provide information on the presence of RF radiation or to control exposure to RF radiation within a given area. Standard radiofrequency hazard warning signs are commercially available from several vendors. Appropriate signs should incorporate the format recommended by the Institute for Electrical and Electronics Engineers (IEEE) and as specified in the IEEE standard: IEEE 095.2 -1999 (Web address: www.ieee.org Guidance concerning the placement of signs can be found in IEEE Standard 095.7 -2005. When signs are used, meaningful information should be placed on the sign advising affected persons of: (1) the nature of the potential hazard (Le., high RF fields), (2) how to avoid the potential hazard, and (3) whom to contact for additional information. In some cases, it may be appropriate to also provide instructions to direct individuals as to how to work safely in the RF environment of concern. Signs should be located prominently in areas that will be readily seen by those persons who may have access to an area where high RF fields are present. (Back to Index) CAN IMPLANTED ELECTRONIC CARDIAC PACEMAKERS BE AFFECTED BY NEARBY RF DEVICES SUCH AS MICROWAVE OVENS OR CELLULAR TELEPHONES? Over the past several years there has been concern that signals from some RF devices could interfere with the operation of implanted electronic pacemakers and other medical devices. Because pacemakers are electronic devices, they could be susceptible to electromagnetic signals that could cause them to malfunction. Some anecdotal claims of such effects in the past involved emissions from microwave ovens. However, it has never been shown that the RF energy from a properly operating microwave oven is strong enough to cause such interference. Some studies have shown that mobile phones can interfere with Implanted cardiac pacemakers if a phone is used in close proximity (within about 8 inches) of a pacemaker. It appears that such Interference is limited to older pacemakers, which may no longer be in use. Nonetheless, to avoid this potential problem, pacemaker patients can avoid placing a phone in a pocket close to the location of their pacemaker or otherwise place the phone near the pacemaker location during phone use. Patients with pacemakers should consult with their physician or the FDA if they believe that they may have a problem related to RF Interference. Further information on this is available from the FDA: www.fda.aov /cdrh . (Back to Index) DOES THE FCC REGULATE EXPOSURE TO THE ELECTROMAGNETIC RADIATION FROM MICROWAVE OVENS, TELEVISION SETS AND COMPUTER MONITORS? The Commission does not regulate exposure to emissions from these devices. Protecting the public from harmful radiation emissions from these consumer products is the responsibility of the U.S. Food and Drug Administration (FDA). Inquires should be directed to the FDA's Center for Devices and Radiological Health (CDRH), and, specifically, to the CDRH Office of Compliance at (301) 594 -4654. (Back to Index) DOES THE FCC ROUTINELY MONITOR RADIOFREQUENCY RADIATION FROM ANTENNAS? The FCC does not have the resources or the personnel to routinely monitor the emissions for all of the thousands of transmitters that are subject to FCC jurisdiction. However, the FCC does have measurement instrumentation for evaluating RF levels In areas that may be accessible to the public or to workers. If there is evidence of potential non - compliance with FCC exposure guidelines for an FCC - regulated facility, staff from the FCC's Office of Engineering and Technology or the Enforcement Bureau can conduct an investigation, and, if appropriate, perform actual measurements. It should be emphasized that the FCC does not perform RF exposure investigations unless there is a reasonable expectation that the FCC exposure limits may be exceeded. Potential exposure problems should be brought to the FCC's attention by contacting the FCC at: 1 -888- 225 -5322 or by e- mailing: rfsafetv0fcc gov (Back to Index) DOES THE FCC MAINTAIN A DATABASE THAT INCLUDES INFORMATION ON THE LOCATION AND TECHNICAL PARAMETERS OF ALL OF THE TRANSMITTER SITES IT REGULATES? The Commission does not have a comprehensive, transmitter - specific database for all of the services It regulates. The Commission has information for some services such as radio and television broadcast stations, and many larger antenna towers are required to register with the FCC if they meet certain criteria. In those cases, location information is generally specified in terms of degrees, minutes, and seconds of latitude and longitude. In some services, licenses are allowed to utilize additional transmitters or to increase power without notifying the Commission. Other services are licensed by geographic area, such that the Commission has no knowledge concerning the actual number or location of transmitters within that geographic area. The FCC General Menu Reports (GepMen) search engine unites most of the Commission's licensing databases under a single umbrella. Databases included are the Wireless Telecommunications Bureau's ULS, the Media Bureau's COBS, COALS (cable data) and BLS, and the International Bureau's IBFS. Entry points or search options In the various databases include frequency, state/county, latitude /longitude, call sign and licensee name. The FCC also publishes, generally on a weekly basis, bulk extracts of the various Commission licensing databases. Each licensing database has it own unique file structure. These extracts consist of multiple, very large files. OET maintains an index to these databases. OET has developed a Spectrum Utilization Study software tool -set that can be used to create a Microsoft Access version of the individual exported licensing databases and then create MapInfo "mid" and "mil' files so that radio assignments can be plotted. This experimental software is used to conduct internal spectrum utilization studies needed in the rulemaking process. While the FCC makes this software available to the public, no technical support is provided. For further information on the Commission's existing databases, please contact Donald Campbell at donald.campbell@fcc.gov or 202 - 418 -2405. (Back to Index) WHICH OTHER FEDERAL AGENCIES HAVE RESPONSIBILITIES RELATED TO POTENTIAL RF HEALTH EFFECTS? Certain agencies in the Federal Government have been involved in monitoring, researching or regulating issues related to human exposure to RF radiation. These agencies include the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), the National Institute for Occupational Safety and Health ( NIOSH), the National Telecommunications and Information Administration (NTIA) and the Department of Defense (DOD). By authority of the Radiation Control for Health and Safety Act of 1968, the Center for Devices and Radiological Health (CDRH) of the FDA develops performance standards for the emission of radiation from electronic products Including X -ray equipment, other medical devices, television sets, microwave ovens, laser products and sunlamps. The CDRH established a product performance standard for microwave ovens in 1971 limiting the amount of RF leakage from ovens. However, the CDRH has not adopted performance standards for other RF- emitting products. The FDA is, however, the lead federal health agency in monitoring the latest research developments and advising other agencies with respect to the safety of RF- emitting products used by the public, such as cellular and PCS phones. The FDA's microwave oven standard is an emission standard (as opposed to an exposure standard) that allows specific levels of microwave energy leakage (measured at five centimeters from the oven surface). The standard also requires ovens to have two Independent interlock systems that prevent the oven from generating microwaves if the latch is released or if the door of the oven is opened. The FDA has stated that ovens that meet its standards and are used according to the manufacturer's recommendations are safe for consumer and industrial use. More information is available from: www fda.aov /cdrh The EPA has, in the past, considered developing federal guidelines for public exposure to RF radiation. However, EPA activities related to RF safety and health are presently limited to advisory functions. For example, the EPA chairs an Inter -agency Radiofrequency Working Group, which coordinates RF health - related activities among the various federal agencies with health or regulatory responsibilities in this area. OSHA is part of the U.S. Department of Labor, and is responsible for protecting workers from exposure to hazardous chemical and physical agents. In 1971, OSHA Issued a protection guide for exposure of workers to RF radiation (29 CFR 1910.97]. However, this guide was later ruled to be only advisory and not mandatory. Moreover, it was based on an earlier RF exposure standard that has now been revised. At the present time, OSHA uses the IEEE and /or FCC exposure guidelines for enforcement purposes under OSHA's "general duty clause" (for more information see: www osha oov / SLTC /radiofreauencyradiation / ). NIOSH is part of the U.S. Department of Health and Human Services. It conducts research and Investigations into issues related to occupational exposure to chemical and physical agents. NIOSH has, in the past, undertaken to develop RF exposure guidelines for workers, but final guidelines were never adopted by the agency. NIOSH conducts safety- related RF studies through Its Physical Agents Effects Branch In Cincinnati, Ohio. The NTIA is part of the U.S. Department of Commerce and is responsible for authorizing Federal Government use of the RF electromagnetic spectrum. Like the FCC, the NTIA also has NEPA responsibilities and has considered adopting guidelines for evaluating RF exposure from U.S. Government transmitters such as radar and military facilities. (Back to Index) CAN LOCAL AND STATE GOVERNMENTAL BODIES ESTABLISH LIMITS FOR RF EXPOSURE? httn: // www. fcc .2ov /oet/rfsaf%ty /rf- facis.html 9/10/2009 OET -- RF Safety FAQ's Page 6 of 6 In the United States, some local and state jurisdictions have also enacted rules and regulations pertaining to human exposure to RF energy. However, the Telecommunications Act of 1996 contained provisions relating to federal jurisdiction to regulate human exposure to RF emissions from certain transmitting devices. In particular, Section 704 of the Act states that, "No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." Further information on FCC policy with respect to facilities siting is available from the FCC's Wireless Telecommunications Bureau (see http /wireless fcc gov /siting / ). (Back to Index) WHERE CAN I OBTAIN MORE INFORMATION ON POTENTIAL HEALTH EFFECTS OF RADIOFREQUENCY ENERGY? Although relatively few offices or agencies within the Federal Government routinely deal with the issue of human exposure to RF fields, it is possible to obtain information and assistance on certain topics from the following federal agencies, all of which also have Internet Web sites. FDA: For information about radiation from microwave ovens and other consumer and industrial products contact: Center for Devices and Radiological Health (CDRH), Food and Drug Administration. fhttp• //www fda gov /cdrh /radhealth / EPA: The Environmental Protection Agency's Office of Radiation Programs is responsible for monitoring potential health effects due to public exposure to RF fields. Contact: Environmental Protection Agency, Office of Radiation and Indoor Air, Washington, D.C. 20460, (202) 564 -9235. [Click on EPA's website: Frequent Questions on FMF RF & Other Nonionizing Radiation OSHA: The Occupational Safety and Health Administration's (OSHA) Health Response Team has been involved in studies related to occupational exposure to RF radiation. fhtto / /www osha,gov/ LTC /radiation nonionizing /index html NIOSH: The National Institute for Occupational Safety and Health (NIOSH) conducts research on RF- related safety issues in workplaces and recommends measures to protect worker health. Contact: NIOSH, Engineering and Physical Hazards Branch, Mail Stop R -5, 4676 Columbia Parkway, Cincinnati, Ohio 45226, or phone 1- 513 -841- 4221. Toll -free public inquiries: 1- 800 - CDC -INFO (1- 800 - 232 - 4636), or by email: cdcinfo(acdc gov Internet information on workplace RF safety: http NCI: The National Cancer Institute, part of the U.S. National Institutes of Health, conducts and supports research, training, health information dissemination, and other programs with respect to the cause, diagnosis, prevention, and treatment of cancer. Contact: NCI Public Inquiries Office, 6116 Executive Boulevard, Room 3036A, Bethesda, MD 20892 -8322. fhtto• //www cancer, gov /cancertooics/factsheet/Risk /cell hp ones Toll -free number: 1- 800 -4- CANCER (1- 800 -422- 6237). FCC: Questions regarding potential RF hazards from FCC- regulated transmitters can be directed to the Federal Communications Commission, Consumer & Governmental Affairs Bureau, 445 12th Street, S.W., Washington, D.C. 20554; Phone: 1 -888- 225 -5322; E-mail: rtsafety0fcc aov or go to: www fcc.gov /oet/rfsafety In addition to federal government agencies, there are other sources of information regarding RF energy and health effects. Some states and localities maintain non- ionizing radiation programs or, at least, some expertise in this field, usually in a department of public health or environmental control. The following table lists some representative Internet Web sites that provide Information on this topic. However, the FCC neither endorses nor verifies the accuracy of any information provided at these sites. They are being provided for information only. (Back to Index) Bioelectromagnetics Society: http EPA's RadTown USA: http . International Commission on Non - Ionizing Radiation Protection (ICNIRP Europe): htt o• / /wwwJcnIrD.deJ . IEEE Committee on Man & Radiation: htto• / /ewh ieee ora /soctembs/comar/ Microwave News: htto• / /www microwavenews.com/ National Council on Radiation Protection & Measurements: http• //www.oc[DQ1211!3e.ora/­ NJ Dept Radiation Protection: htto /roo/nrs/­index.htm RFcom (Canada): htt^' //www ftgJi ca /welcome /index shtml Wireless Industry (CTIA): http World Health Organization (WHO): http a Germany's EMF Portal: htto' / /www.emf- podal.det For more information on this topic please note: OET Bulletin 56 : Questions and Answers About the Biological Effects and Potential Hazards of Radiofrequency Radiation. Any questions regarding this subject matter should be addressed to: 777e RF Safety Program last reviewedNpdafed 9MW FCC Home Search E-F_ i� I Initiatives f For Consumers f Find People If you have questions about this web page, o r wo uld like more information pertaining to OET, please send e-mail to oetinfb0ft.gov Federel Communications ConvNssion Phone: 1-868 -CALL -FCC (1- 888 - 225 -5322) - Pit. "P°Ik" 44512th Street SW Try: 1-888 -TELL -FCC (ti188i835 -5322) - Welarm Policies & Nolkes Fax: 1- 858418-0232 - Reouired Browser Pluains Washington, Co nt20554 - Freedom of Information Ad Mom FCC ntact In(omta5on E -mall: fodnfo http:// www, fcc .gov /oet/rfsafety /rf- fags.html 9/10/2009 iq. C I T Y O F NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator FROM: Will Neumeister, Community Development Director SUBJECT: Consider City Code Amendment/Add Animal Therapy Facility as Conditional Use — Ping. DATE: October 6, 2009 INTRODUCTION At the September 15, 2009 Council meeting there was discussion on this issue and staff has made adjustments to the proposed code amendment to follow the direction given by the Council that evening. For further details, please refer to the minutes (attached) as well as the latest code amendment proposal (also attached). DISCUSSION The proposed code amendment requires the "Animal Therapy Facility" use to have a minimum of five acres of land in the R -1, R -2 and R -3 zoning districts. A Conditional Use Permit for this type of use will allow the City to attach specific conditions on liability insurance, vet checks of animals, etc. ACTION REQUESTED The Council is requested to review and approve the proposed code amendment to add two new definitions and allow Animal Assisted Therapy Facilities (AAT) as a Conditional Use on parcels greater than five acres in the R -1, R -2 and R -3 zoning districts. Respectfully submitted Will Neumeister Attachments: • Proposed Code Amendment • Council Minutes (Sept. 15, 2009) in the packet Cc: Lauren Fischel, 4618 165 Avenue NW, Andover, MN 55304 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TO ADD ANIMAL THERAPY FACILITY AS A CONDITIONAL USE ON R -1, R -2 AND R -3 PROPERTIES LARGER THAN FIVE ACRES IN SIZE THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS (underlining indicates language to be added): CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS SECTION 2: DEFINITIONS ANIMAL ASSISTED THERAPY (AAT): also known as pet therapy, is a goal- directed type of therapy, delivered and /or directed by a health/human service provider working within the scope of his or her profession, in which an animal meeting specific criteria is used as an integral part of a treatment process designed to promote improvement in the Physical, social, emotional, and/or cognitive functioning of the patient. ANIMAL THERAPY FACILITY: A facility that provides supervised educational and theraputic interaction between students and animals on properties larger than five acres in size. CHAPTER 12: PERMITTED, CONDITIONAL, AND PROHIBITED USES Permitted, Conditional, and Prohibited Uses Zoning Districts R -1 R -2 R -3 Animal Therapy Facility - on properties larger than five acres in size C C C Adopted by the City Council of the City of Andover on this 6 day of October, 2009. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor CITY OF �. NDOVER 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Declare Costs, Order Assessment Roll and Schedule Public Hearing for 2009 Delinquent Utility Service Charges, Mowing Fees, Tree Removal, False Alarm Fines and Animal Control Fees DATE: October 6, 2009 INTRODUCTION City Code Chapter 3, 10 -3 -31); City Code Chapter 1, 10 -1 -9F; and City Code Chapter 5, 8 -5 -3D provide for the collection by assessment of unpaid sewer, water, storm sewer, street lighting service charges, mowing fees, tree removal, false alarm fines and animal control fees. The assessment procedures directed by state statute 429 are being followed in preparing notice of and preparation for a public hearing to act upon the proposed assessment. DISCUSSION The total delinquent utility service charges were $79,894.29 as of September 24, 2009 when written notification to the property owners and preparation of the preliminary assessment worksheets began. Payments received prior to the proposed hearing date of the first regularly scheduled council meeting in November 2009, will be applied to the customers' accounts to reduce or remove the proposed assessments from the preliminary roll. Delinquent balances as of October 27, 2009 are charged an administrative fee of 15% and will carry an 8% interest rate when certified to Anoka County for collection with the 2010 taxes. The list of delinquent accounts is available for viewing in the Finance Department and Finance will be sending letters to all applicable property owners explaining the assessment process and how and where to make payment to avoid being assessed. The proposed hearing date will be the first regularly scheduled council meeting in November 2009. BUDGET IMPACT This request will assist in reducing outstanding receivables for the City. Mayor and Council Members October 6, 2009 Page 2 of 2 ACTION REQUESTED The Andover City Council is requested to approve the attached resolution declaring costs and ordering the assessment roll for the purpose of certifying the delinquent sewer, water, storm sewer, street lighting service charges, mowing fees, tree removal, false alarm fines and animal control fees. The Andover City Council is also requested to approve the attached resolution scheduling a public hearing for the purpose of certifying the delinquent sewer, water, storm sewer, street lighting service charges, mowing fees, tree removal, false alarm fines and animal control fees. Respectfully submitted, / - 7 j le - o � Lee Brezinka Attachments: Resolution Declaring Cost and Directing Preparation of Assessment Roll Resolution for Hearing on Proposed Assessment of Delinquent Utility Charges, Mowing Fees, Tree Removal, False Alarm Fines and Animal Control Fees. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION DECLARING COST, DIRECTING PREPARATION OF ASSESSMENT ROLL AND SCHEDULING PUBLIC HEARING FOR THE CERTIFICATION OF DELINQUENT UTILITY SERVICES CHARGES, MOWING FEES, TREE REMOVAL, FALSE ALARM FINES AND ANIMAL CONTROL FEES THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY RESOLVES: WHEREAS, delinquent utility service charges, mowing fees, tree removal, false alarm fines and animal control fees in the amount of $79,894.29 exist as of September 24, 2009; and WHEREAS, City Code Chapter 3, 10 -3 -3D; City Code Chapter 1, 10 -1 -9F; and City Code Chapter 5, 8 -5 -3D provide for the collection by assessment of unpaid water, sewer, storm sewer, street light service charges, mowing fees, tree removal, false alarm fines and animal control fees respectively. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. The amount of the cost to be assessed against benefited property owners is declared to be $79,894.29 plus an administrative fee of 15 %. 2. Assessment shall be payable in equal annual installments extending over a period of 1 year. The first of the installments to be payable on or before the first Monday in January 2010, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. 3. The City Clerk, with the assistance of the Finance Director shall forthwith calculate the proper amount to be assessed against every assessable lot, piece or parcel of land, without regard to cash valuation, as provided by law, and the Clerk shall file a copy of such proposed assessment in the Clerk's office for public inspection. 1. The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. BE IT FURTHER RESOLVED BY THE CITY COUNCIL; 1. A hearing shall be held the 4th day of November, 2009 at the Andover City Hall at 7:00 P.M. to pass upon such proposed assessment and at such time and place all persons affected by such proposed assessment 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 hearing on the proposed assessment to be published once in the official newspaper at least 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 assessment with no interest. CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Andover, Anoka County, Minnesota will meet at Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota on November 4, 2009 at 7:00 PM to pass upon the proposed assessment for the improvement of delinquent sewer, water, storm water utility, street light charges, mowing fees, tree removal, false alarm fines and animal control fees in the City of Andover. The proposed assessment roll is on file for public inspection at the City Clerk's office. The total amount of the proposed assessment roll is $79,894.29. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount unless a signed, written objection is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. The Council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owner, as it deems advisable. An owner may appeal an assessment to the District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the city within 30 days after adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. BY ORDER OF THE CITY COUNCIL CITY OF ANDOVER Michelle Hartner, Deputy City Clerk C I T Y O F NDOVE01 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: October 6, 2009 The City Administrator will give a brief verbal update on various items of interest to the City Council and to the residents at the meeting. Listed below are a few areas of interest: 1. Administration & City Department Activities 2. Update on Development Activity 3. Update on CIP Projects 4. Meeting reminders Upon receipt of the meeting packet, if a member of the Council would like an update on a particular item, please notify me so an adequate update can be made. �,Re y submitted, Dickinson C I T Y O F N 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for October 6, 2009 City Council Meeting DATE: October 6, 2009 The City Council is requested to receive the following supplemental information. Consent Items Item #8. Consider Approval On -Sale Liquor License /Andover Lanes (Supplemental) — Administration Discussion Items Item #14. Consider Code Amendment/Add Animal Therapy Facility as Conditional Use (Supplemental) — Planning espec submitted, A Dickinson City A ministrator C I T y o f g. NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council ' CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Cler SUBJECT: Approve On -Sale Liquor License /Andover Lanes (Supplemental) DATE: October 6, 2009 INTRODUCTION Andover Lanes, 13633 Martin St. NW has been sold and the new owners have applied for an On -Sale Intoxicating Liquor License. DISCUSSION The Sheriff's Office has completed their background investigation. ACTION REQUIRED The City Council is requested to approve the above license for the period of October 7, 2009 through December 31, 2009. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Sheriff's Office Background Investigation ce Office of the Sheriff Anoka County Sheriff Bruce Andersohn 325 East Main Street, Anoka, MN 55303 -2489 (763)323 -5000 Fax (763)422 -7503 October 2, 2009 Michelle Hartner City of Andover 1685 Crosstown Blvd N.W. Andover, MN 55304 RE: Application for On -Sale Intoxicating Liquor License, Andover Lanes Inc., dba Andover Lanes Dear Ms. Hartner: I received the attached the Application for On -Sale Intoxicating Liquor License regarding the above. As you requested, a criminal background investigation was conducted on the following individual(s): 1. Brandon Michael Laubach 2. Aaron Matthew Maciej Certification by the Anoka County Sheriffs Office This is to certify that to the best of my knowledge the above -named individual has not been convicted within the past five years of any violation of laws of the State of Minnesota, or Municipal Ordinances relating to the sale of non - intoxicating malt liquor or intoxicating liquors except as herein stated: No records found. In the event it is determined that a criminal background search is needed on other associates of the business entity, please provide me with the individual's complete name (first, middle, and last names), along with his/her date of birth. Please note that the above -named individuals may have other - reported incidents that do not include the sale of non - intoxicating malt liquor or intoxicating liquors. Sincerel Bruc ders Sheriff psl Affirmative Action / Equal Opportunity Employer A C I T Y O F N 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrato Zivelopment FROM: Will Neumeister, Director of Com C46— SUBJECT: Consider Code Amendment/Add Animal Therapy Facility as Conditional Use - Planning (Supplemental) DATE: October 6, 2009 INTRODUCTION Please review the attached code amendment language which has been slightly modified since the report was written on Friday. ACTION REQUESTED The Council is asked to review the amended language to the proposed code amendment. Attachment Proposed Code Amendment (with language change) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. AN ORDINANCE AMENDING CITY CODE TO ADD ANIMAL THERAPY FACILITY AS A CONDITIONAL USE ON R -1, R -2 AND R -3 PROPERTIES LARGER THAN FIVE ACRES IN SIZE THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS (underlining indicates language to be added): CITY CODE TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS SECTION 2: DEFINITIONS ANIMAL ASSISTED THERAPY (AAT): also known as pet therapy, is a goal- directed type of therapy, delivered and /or directed by a health/human service provider working within the scope of his or her profession, in which an animal meeting specific criteria is used as an integral art of a treatment process designed to 12romote iml2rovement in the 12 h •sical social emotional and /or cognitive functioning of the patient. ANIMAL THERAPY FACILITY: A facility that provides Animal Assisted Therapy on properties larger than five acres in size. CHAPTER 12: PERMITTED, CONDITIONAL, AND PROHIBITED USES Permitted, Conditional, and Prohibited Uses Zoning Districts R -1 R -2 R -3 Animal Therapy Facility - on properties larger than five acres in size C C C Adopted by the City Council of the City of Andover on this 6 day of October, 2009. CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor