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Home My WebLink AboutCC October 20, 2009-ANDO 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 20, 2009 Call to Order — 7:00 p.m. Pledge of Allegiance Proclamation November Homelessness Month Resident Forum Agenda Approval 1. Approval of Minutes (10/6/09 Regular; 10/6/09 Closed) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Amended Assessment Roll/08 -36 /Cardinal Ridge 2nd Addition (07 -42, Putnam Property) — Engineering 4. Accept Contribution/O'Reilly Auto Parts /Andover Fire Department — Finance 5. Approve Health Insurance Renewal and Employer Contribution - Administration Discussion Items 6. Anoka County Sheriff's Department Monthly Report — Sheriff 7. Public Hearing/2010 -2014 Capital Improvement Plan - Administration 8. Consider Conditional Use Permit/Telecommunications Antenna/Prairie Knoll Park, (Cont.) - Planning 9. Consider Code Amendment/Add Animal Therapy Facility as Conditional Use, (Cont.) — Planning 10. Consider Encroachment Agreement for Accessory Structures/ 2114 —142nd Lane NW - Planning 11. Consider Submission of Application for Second Round of CDBG Funds - Planning Staff Items 12. Schedule EDA Meeting — Administration 13. Schedule November Workshop - Administration 14. Administrators Report - Administration Mayor /Council Input Closed Session - Land Purchase Negotiations - PIDs 07- 32 -24 -12 -0001 & 29- 32 -24 -44 -0022 - Public Works Union Negotiations Update Adjournment C I T Y Q F �NDOVERJI 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, City Administrator SUBJECT: Proclaim November Homelessness Awareness Month DATE: October 20, 2009 The Anoka County Community Continuum of Care, along with the Heading Home Anoka committee is sponsoring an event, The SLEEP OUT 2009, Be Part of Something BIG 2nd Annual Community Challenge in an effort to promote education and awareness to help end homelessness. They feel it is essential that all community members be aware of the importance of homelessness prevention and the impact their participation can have on ensuring that all individuals and families have access to a warm, safe place to call home. Community partnerships, awareness, and the desire to provide warm, safe housing in our community — these are the important themes of the event. At the end of October, the Anoka County Board of Commissioners will be proclaiming November, Homelessness Awareness Month. The Anoka County Community Continuum of Care goal is to have each city in Anoka County join the effort to promote public awareness of homelessness and have each city proclaim November, Homelessness Awareness Month. Attached is information regarding homelessness in Anoka County and the Anoka County Community Continuum of Care. In addition there is a proclamation for the Mayor to read and sign in partnering with this community project! submitted, Dickinson AOO' Heading wry R ANOKA .:' A regional initiative to end homelessness Results of January 28, 2009 Anoka County Homeless Count: HUD Definition: Chronically Homeless Individuals Individual who was unaccompanied and homeless with disabling condition that has either been continuously homeless for a year or more or has had at least 4 episodes of homelessness in the past 3 year's. 0 69 People meet this definition of Homelessness 0 7 of these are youth ages 18 -21 0 17 of these are ages 17 or under State Definition of Homelessness "Those who have no permanent place to live." This could be conditions such as doubling up, transitional housing, or a place not meant for human habitation. 0 247 Single Adults 0 272 Adults in Families 0 385 Children in Families 0 38 Minors Without an Adult (ages 17 or less) 0 54 Youth Without an Adult (ages 18 -21) 0 8 Senior Citizens (ages 62 or older) The total number of people counted on January 28, 2009 in Anoka County is 1,004 homeless, as defined by State definition. Be Part of Something B I G Headingtiorne Anoka J Be Part of Something BIG The Anoka County Community Continuum of Care Over the years, our Anoka County community has responded to the issues of homelessness in a variety of ways: by encouraging community support of the Stepping Stone Emergency Shelter, investment in affordable community housing, and encouraging partnership with local agencies through Family Homeless Preventions and partnerships with Metro Counties through the Supportive Service grant. Even with strong partnerships and a variety of community efforts, we still struggle with the issues of homelessness in Anoka County. The Anoka County Community Continuum of Care is partnering with the state business plan, Heading Home Minnesota, by developing it's own Ten -Year Plan to End Homelessness in Anoka County. With a vision for a better future and ending homelessness for all, the Continuum of Care brings together a variety of state, community agencies, and community volunteers. Working together to develop a plan to end homelessness in Anoka County by the year 2019 the Continuum's Education Committee seeks to raise awareness of the issues surrounding homelessness and encourage community participation by sponsoring a variety of events, including a countywide sleep -out in November. In the spirit of supporting the Heading Home Anoka vision, the committee supports educating the community regarding homelessness issues throughout the coming year. 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N v s 00 O 7 a CL U C O w O U O� oa v vUCC Nv�► p ELn an 0'3 L N c O U 0 U Y W M O m O O C L 0 = t+ U 'a Y C W C-4 a � �p >- C N CL Q Q Q ` N 3� N Ln M 3 00 %-4 to E Y O -be = N N _ ■ L Op m cc O IV co ,Jr- 0 c`o >, 0o .� N C 'O o rt 0" N J Q M E A C u N s 00 O C) ai U CC N p E Ln dA 0 '3 L o H L Y C o¢ U U o 0O U Y M W� = 00 M C Ln E y O Y 0 3 C N_ Ln O } C N Q H CL Q Q Q ; N 3� N Ln M O 00 W-4 i1 PROCLAMATION Homelessness Awareness Month Whereas, the Anoka County Community Continuum of Care, along with the Heading Home committee is sponsoring a unique, countywide education and awareness campaign to help end homelessness in our shared communities. The month of November will mark the SLEEP OUT 2009, Be Part of Something BIG, 2 "d Annual Community Challenge; and Whereas, the SLEEP OUT 2009 provides a unique opportunity for the City of Andover to join forces with communities across Anoka County in an effort to promote education and awareness to help end homelessness; and Whereas, the Anoka County Community Continuum of Care and the Heading Home Anoka committees play a vital role in bringing together the community and establishing needed partnerships to support homelessness prevention efforts; and Whereas, it is essential that all citizens of the City of Andover be aware of the importance of homelessness prevention and the impact their participation can have on ensuring that all individuals and families have access to a warm, safe place to call home in our community; and Whereas, community partnerships, awareness, and the desire to provide warm, safe housing in our community. These are the important themes of the SLEEP OUT 2009, Be Part of Something BIG, 2 "d Annual Community Challenge. Now, therefore, I, Mike Gamache, Mayor of the City of Andover, on behalf of the Andover City Council, do hereby call upon all citizens of Andover to join the Anoka County Community Continuum of Care and Heading Home Anoka committee's in supporting The SLEEP OUT 2009, Be Part of Something BIG, 2nd Annual Community Challenge during the month of November. Be it further resolved that the month of November is hereby proclaimed "Homelessness Awareness" month in the City of Andover. Proclaimed October 20, 2009. Mike Gamache, Mayor Jim Dickinson, City Clerk NDOVEtoitit'. 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 Clerk SUBJECT: Approval of Minutes DATE: October 20, 2009 INTRODUCTION The following minutes were provided by Timesaver for City Council approval: October 6, 2009 October 6, 2009 DISCUSSION The minutes are attached for your review. ACTION REQUIRED Regular Meeting Closed Meeting The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING —OCTOBER 6, 2009 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, October 6, 2009, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OFALLEG)ANCE RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL Councilmember Jacobson asked if they could move item 15 up to consent agenda. Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above. Motion carried unanimously. APPROVAL OFMINUTES September 15, 2009, Regular Meeting: Correct as amended. Councilmember Trude stated on page one line 36 before the word alarm she would like "fire" to be added. Page nine, line 12 before the word "were" the sentence should read: "whether we were financing..." On line 27 after the word ten the word "years" should be added and after the words "twenty percent" the word "assessment" should be added. Councilmember Jacobson stated on page one, line 48 the sentence should read "... indicate both him 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — October 6, 2009 Page 2 he..." Page five, line 29 at the beginning he would like the word "not" inserted before "be overly broad". Motion by Trude, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried unanimously. September 22, 2009, Workshop Meeting: Correct as amended. Councilmember Trude asked they strike the words on lines 29 — 31 because this was not officially part of the tour and not a progress report. Page four, line 33; the first word should be "both" Motion by Jacobson, Seconded by Knight, to approve the minutes as indicated above. Motion carried unanimously. September 22, 2009, Closed Session Meeting: Correct as amended. Councilmember Trude asked if staff looked at the number on the first page, line 45 because that number did not seem right to her. Mr. Dickinson stated the first part of it should be 836 and will be corrected. Councilmember Trude stated on line three before the word "the" she wanted to add the words "to justify ". Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above. Motion carried unanimously. CONSENT ITEMS Item 2 Approval of Claims Item 3 Receive Assessment Roll /Order Public Hearing/09- 2/2009 Street Reconstruction (See Resolution R072 -09) Item 4 Receive Assessment Roll /Order Public Hearing/08- 37/157' Avenue NW Reconstruction (MSAS 102) (See Resolution R073 -09) Item 5 Accept CCWD Demonstration Grant/09- 3I/Meadows Creek Estates Rain Garden Project Item 6 Consider Approval Application for Exempt Permit/Andover Lions Club Item 7 Approve Recycling Agreement with Anoka County and the City of Andover Item 8 Consider Approval On -Sale Liquor License /Andover Lanes Item 9 Consider Approval Application for Exempt Permit/The Way of the Shepherd Item 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 TIF Plans for TIF District No. 1 -1 & 1 -2 Redevelopment Districts. (See Resolution R074 -09) Item 15 Declare Costs, Order Assessment Roll & Schedule Public Hearing for 2009 Delinquent Utility Fees & Fines. (See Resolution R- 75 -09) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes — October 6, 2009 Page 3 Motion by Jacobson, Seconded by Trude, approval of the Consent Agenda as read. Motion carried unanimously. PRESENTATIONITWO RIVERS COMMUNITY LAND TRUSTIHOUSING R E HA B I L I TA T I O N I N A ND O VE R Ms. Theresa Vanderbent, Executive Director of Two Rivers Community Land Trust made a presentation to the Council and residents regarding the Housing Rehabilitation in Andover. She showed photos of homes that were refurbished. Councilmember Knight asked who their mother organization was. Ms. Vanderbent indicated it is Two Rivers. She explained Two Rivers did not have a national focus. Councilmember Knight asked who they are responsible to. Ms. Vanderbent stated they are responsible to their Board of Directors, County Commissioners, and City Councilmembers and felt it was important to be answerable to the communities in which they work. Councilmember Jacobson stated they help the first time home buyer and then when they sell the second buyer for the house and he wondered how far down do they go and when do they get out of a house. Ms. Vanderbent stated they never get out of the house since they own the land under the home permanently so their goal is to always participate in the buying and selling of the house each time. Ms. Vanderbent stated if anyone wanted more information they could go to www.tworiversclt.com. PUBLICHEARINGIVACATIONOFDRAINAGEAND UTILITYEASEMENT 115956EAGLE STREET NW Mr. Berkowitz stated the applicant is seeking to vacate a portion of the drainage and utility easement in the rear yard to allow more useable yard space. Motion by Knight, Seconded by Jacobson, to open the public hearing at 7:30 p.m. Motion carried unanimously. No one wished to address the Council. Motion by Trude, Seconded by Knight, to close the public hearing at 7:31 p.m. Motion carried unanimously. Councilmember Jacobson asked if the applicant has talked to the neighbors on either side to discuss what he wanted to do. Mr. Borgos stated he has talked to the neighbors and both are encouraging him to do what he has asked. Regular Andover City Council Meeting Minutes — October 6, 2009 Page 4 1 Motion by Jacobson, Seconded by Knight, to approve the proposed vacation of the drainage and 2 utility easement subject to the conditions of the attached resolution. Motion carried unanimously. 3 (See Resolution R076 -09) 4 5 6 CONSIDER CONDITIONAL USE PERMIT/TELLECOMMUNICATIONS 7 ANTENNAIPRAIRIE KNOLL PARK 8 9 Mr. Neumeister stated T- Mobile has applied for a Conditional Use Permit to locate a cellular phone 10 antenna in Prairie Knoll Park at the location of one of the existing light poles of the most westerly 11 ball field. City Code 9 -12 provides the specific requirements for antennas and towers. 12 13 Mr. Paul Harrington, Carlson & Harrington, Inc., representing T- Mobile was at the meeting to 14 answer questions. 15 16 Councilmember Jacobson stated after the Park Commission had their meeting and suggested the 17 southeast area of the park, on a technical basis is there any reason which would preclude that as a 18 move. Mr. Harrington indicated it would not. Councilmember Jacobson suggested if it were placed 19 in the southeast portion rather than where the proposal is they could save a lot of money. The three 20 phase power to drive the system is located much closer there, would solve a lot of neighbor concerns, 21 the tower would be of a lesser design and will save money, there would not be plowing of the trail to 22 the equipment building as required in the present area and there would not be any maintenance costs 23 on the trail along with not replacing any of the irrigation system. This would save money and 24 thought this would be a better location than the location on the original application. He noted he was 25 not against putting these in parks. 26 27 Mr. Harrington stated their location was driven by the natural vegetation on the west side, 28 capitalizing on those things. He also knew the City would like them to replace an existing pole to 29 minimize the impact. 30 31 Councilmember Trude stated she would like to get this out close to the road and keep utility stuff as 32 close to the road and away from the play of the kids. 33 34 Mr. Dickinson asked for clarification if Councilmember Jacobson is suggesting a new pole in the 35 southeast area of the park or an existing pole. Councilmember Jacobson stated it would be a new 36 pole. Mayor Gamache stated there are light poles there already. 37 38 Councilmember Trude stated she is concerned with the size of the building next to an activity being 39 held at the park. Councilmember Bukkila offered a suggestion that there seemed to be a light pole a 40 significant distance from the football field so the kids would not run into it and there would be access 41 to it off of the road. This goes into a low lying area with drainage and not a well traveled area 42 without activities around it. 43 44 Mr. Harrington stated T- Mobile would be amenable to looking at other light poles in the park for Regular Andover City Council Meeting Minutes — October 6, 2009 Page 5 1 placement of the antenna. 2 3 Mayor Gamache asked how close the building needed to be to the antenna. Mr. Harrington stated 4 they try to be close only because the longer the run they need to use larger diameter coax cable which 5 would drive a larger size pole. He thought the intent is to keep the pole as similar as possible to what 6 is there now. 7 8 The Council reviewed the different pole and building locations with staff for possible alternate 9 locations for the antenna. 10 11 Motion by Jacobson, Seconded by Bukkila, to open the public hearing at 7:50 p.m. 12 13 Mr. Dickinson indicated there is no public hearing since it was held at the Planning Commission 14 level. 15 16 The motion was rescinded and the Council took public comments. 17 18 Councilmember Trude stated if the building and pole were to be moved they need to include 19 landscaping requirements in the resolution. 20 21 Ms. Cindy Hielman, 720 148`" Lane NW, stated her property boarders Prairie Knoll Park. She 22 explained the tower will be less than one hundred meters from their house at the current location 23 which is dangerously close. She stated she was at the meeting to oppose this. She reviewed some 24 research she found with the Council regarding the safety and effects of Electromagnetic Radiation 25 that is emitted from the cell towers. She asked the Council to vote no on this and to take into 26 consideration the health and safety of the kids playing at this park. 27 28 Mr. Jim Linehan, 665 148` Lane, stated the pole will be 27 %2 feet from the ball field white line to 29 the pole and from the pole to the Hielman's property is 51 feet for a total of 64 feet. He stated one of 30 the things brought up to them was the radiation goes straight up and he found it went 2.5 miles. He 31 explained he drew a map and realized the radiation when dropping down would be very close to his 32 home. He showed some photos of current cell towers in the area showing signs indicating danger of 33 radiation and if there was not a concern he did not think that a sign would be posted. He stated he 34 has seen nothing in any of the reports that will tell him what the cell tower will look like. 35 36 Mr. Dickinson stated the Council is looking at the CUP and when a building permit is pulled they 37 will need to show the design of the building and cell tower pole, a concept drawing was included in 38 the Council's packet. 39 40 Mr. Linehan stated his wife has been a real estate appraiser for years and the one thing they look at is 41 environmental hazards and he would consider this an environmental hazard. He stated an article he 42 read had indicated that property values could be adversely affected up to forty percent and was one 43 hit he was not ready to take. He stated they were promised when the gas line building was put in that 44 it would blend in and not be noticed which was incorrect. He stated the towers he went and looked Regular Andover City Council Meeting Minutes — October 6, 2009 Page 6 1 at were in places where kids would not be playing or hazardous to people. 2 3 Mr. Marty Hielman, 720 148' Lane NW, stated he owned the property next to Prairie Knoll Park. 4 He stated the pine trees are on his property and he could understand the city wanting a tower in the 5 park to make money but the City of Champlin had this same situation and the City put a moratorium 6 on it because the residents did not want it. He did understand the revenue was to remain in the park 7 but this did not happen with the gas line installation and he wondered where the revenue was going 8 to go to because their park has not been improved. He stated he is totally against this. 9 10 Ms. Lucisin, 835 146th Lane NW, stated she is on the west side, across Palm Street away from the 11 park and she felt this was not the place to put a cell tower. She stated the park was made for 12 recreation and fun for the children and adults of the community and not for utilities. She stated this 13 has no place in the City Park. 14 15 Ms. Carrie O'Neil, 715 146th Lane, stated they adjoin the park on the west side and she felt she was 16 letting the neighbors down since they ultimately had the papers to sign to let the light poles go into 17 the park and if they would not have done that this would not be an issue now. 18 19 Mr. Gary Luke, 14755 Sycamore Street, stated he is against the cell tower being placed in the park 20 because there were too many questions about the health issues. 21 22 Ms. Sandy Hanson, 14700 Sycamore Street, stated she is against this and hoped the Council would 23 say no to this because this is a public park for children in the neighborhood. 24 25 Ms. Carol Brennen, 645 148th Lane, stated they do not appreciate or want the cell tower in the park. 26 27 Mayor Gamache stated they have read all of the residents emails and there are studies that are being 28 worked on. He stated he went to a website that he thought would give him information about the 29 issue of cancer. He went to the American Cancer Society website and looked at the information they 30 had on cell towers. He reviewed some of the information he read. He explained they had a number 31 of cell towers in the City now. He stated weighing the safety issues is difficult. 32 33 Mr. Linehan stated if the Council approves this it will open up the opportunity for the cell phone 34 companies to come in and put cell towers in different parks. 35 36 Councilmember Knight stated they have articles from both sides of the issue so they need to error on 37 the side of caution if you can and he is fine with that. 38 39 Councilmember Jacobson stated he knew the area very well and the people who live there. He stated 40 in regard to radiation the cell towers will put out is very little radiation compared to other types of 41 towers. He understood the residents did not want this but felt they are overreacting to this. He stated 42 he will have to make a decision for the entire City and not just this neighborhood. 43 44 Mr. Hielman stated the Council represents the citizens' best interests and there is a neighborhood Regular Andover City Council Meeting Minutes — October 6, 2009 Page 7 1 that has concerns about the cell tower not belonging in the park so however they vote the Council 2 will be responsible for whatever happens to the citizens that live around the area. 3 4 Councilmember Trude stated most of the time the towers are on private property and then most of 5 the residents do not get a say. Mr. Dickinson reviewed some of the cell towers in the City and 6 identified that most of the locations are not city owned. He stated they do promote co- location on 7 the towers. 8 9 Councilmember Trude stated even if this was not allowed in the park there are still ten acre sites 10 around this that would allow the tower to be built which would be owned by private citizens. Mr. 11 Dickinson stated the resident would need to come before the Council for approval. Councilmember 12 Trude stated the Council could not deny them though if it met City Code. City Attorney 13 Baumgartner stated as long as it is allowed in the zoning code the individuals could not be denied. 14 Councilmember Trude stated these types of towers are allowed in the City's large acreage parks. 15 16 Mr. Lyle Lundquist, 945 140th Lane NW, asked how many towers T- Mobile needed to get coverage. 17 Councilmember Trude stated it depended on the size and level of the tower. 18 19 Councilmember Knight asked if they had any City sites that would qualify. Mr. Dickinson stated 20 there are a number of pieces of property in the community that are City owned and not park land. As 21 they are approached by consultants as they are trying to locate places for their towers the City looks 22 at all potential areas to place them. The consultant will need to look at the area and if it will work for 23 their needs and then the process begins. 24 25 Mr. Harrington reviewed with the Council what the cell tower will look like. 26 27 Councilmember Jacobson stated none of the information they have is designated Exhibit A and he 28 wondered if that is missing from the packet. Mr. Neumeister stated Exhibit A is supposed to be the 29 legal description of Prairie Knoll Park. Councilmember Jacobson stated if they are to approve the 30 resolution they would only be saying yes to the park and no specific location. Mr. Dickinson stated 31 what is referenced for the placement is the condition referring the plan set and the plan set identifies 32 the location in the park and based on the evenings discussion they would have to have the plan set 33 changed to indicate a different location in the park and they also reference there needs to be a license 34 agreement, etc. and they also have to come forward for the building permit and so forth. 35 36 Councilmember Jacobson stated they would have to get rid of condition three or four of the "Now 37 then therefore it be resolved" in the resolution which would no longer be applicable. Mr. Dickinson 38 indicated if they were going to a single pole anything that relates to a light array would need to come 39 off because they are not reattaching a light array. He stated if they start to talk about a different 40 location they will need to talk about how to access that location. He stated there will be some 41 modifications to the resolution but particularly where the location is in the park is referenced in the 42 plan set and that is how they have done it with the one on Crosstown Drive. 43 44 Mr. Hielman stated there is an emergency siren on the east side of Prairie Road north of Andover Regular Andover City Council Meeting Minutes — October 6, 2009 Page 8 1 Boulevard and he thought the cell antenna could go on that pole. Mr. Dickinson stated that is not 2 City property, it is an easement and they would have to work with the property owner to place an 3 antenna on there. 4 5 Mr. Winslow Holasek stated multiple towers were mentioned and each one gives off radiation so if 6 there were more than one tower would more radiation be emitted. Mr. Harrington stated he is not an 7 expert but the FCC requires them to do a cumulative RF study and each company would have to stay 8 below the limit based on the cumulative number. He stated the signs that are put on the towers are a 9 requirement by the FCC. 10 11 Councilmember Jacobson stated the frequencies that are being used are those that are being vacated 12 by former public service and the analog TV stations when the Government made the switch to High 13 definition TV which opened up a lot of frequencies that are now going to the cell phone companies 14 so the same frequencies are being used but by different entities. Mr. Harrington stated that was 15 correct. 16 17 Councilmember Knight asked if they were to use the siren pole it would not be adequate so they 18 would have to add another pole. Mr. Dickinson stated that is correct. Councilmember Knight asked 19 if that is a feasible possibility. Mr. Dickinson stated it is. His understanding that where it is at on 20 Prairie Road the City did not own the land. Mr. Harrington stated that was his first choice when he 21 looked but it is not on City property and the planner also thought that the increase in height that was 22 necessary along with the equipment needed would not make sense from a planning perspective. 23 24 Mr. Dickinson reviewed with the Council what the motion would need to contain. 25 26 Motion by Jacobson, Seconded by Bukkila, to concur with the findings of the Planning Commission 27 and direct staff to prepare a resolution approving the Conditional Use Permit request for a 28 telecommunications antenna located at Prairie Knoll Park subj ect to a change in the plan set to move 29 the tower to the east side of the park and changes in the conditions under the Now Therefore It Be 30 Resolved to reflect the change in the plan set. That resolution is to be brought back to the next 31 Council meeting. 32 33 Mayor Gamache stated in part of this they reference City Code 9 -12 and he wondered if that was 34 updated recently. Mr. Neumeister stated it was updated about a year and a half ago, he indicated they 35 may need to raise taxes to pay for the parks. 36 37 Councilmember Knight suggested they go as far north as topography and easements will allow them 38 to go. 39 40 Mayor Gamache stated that while he did not agree that there is a risk, he kind of stands by his point 41 of the American Cancer Society and some of the other things he has read. He has changed his mind 42 a little bit and it is solely because of the park issue. He stated the more he heard from the residents in 43 the room he agrees that this may not be the best place to place a cell tower because it is a park. He 44 agreed that the park issue is the issue and did not think the tower will cause any medical issues. Regular Andover City Council Meeting Minutes — October 6, 2009 Page 9 2 Councilmember Trude stated when they looked at this they did not want to see them in the little tot 3 lot parks but would allow them in the larger regional parks. This helps supplement the parks and 4 improvements. They decided to look at only the large parks for these utilities because residents are 5 not that close. Mayor Gamache agreed and understood what she was saying but hated to see 6 something like that go into Prairie Knoll Park. 7 8 Councilmember Bukkila stated even if the cell tower is not placed in the park they will be put 9 somewhere. She agreed with the Mayor on the safety issues and not take that into consideration but 10 what she does have to take into consideration is the budget, tax levy and to a point it is about money 11 because the bottom line is the City is sitting on a tax increase just to support the basic City services 12 and everyone on the Council has huge hopes to continue to fund the parks but they are a great 13 expense and weighing them into the budget is a huge expense. This is one of those opportunities that 14 comes along rarely where this is a venture that will go to an individual property somewhere in the 15 community whether the City capitalizes on it or not, this is an opportunity to help fund the parks and 16 they need it. She stated it is to help the budget and to help the parks and to stave off an increase in 17 taxes. 18 19 Motion carried 4 ayes, 1 nay ( Gamache). 20 21 Mr. Linehan stated he understood this will generate revenue but two or three years down the road the 22 Council will raise taxes anyway to help pay for the parks. 23 24 25 CONSIDER CODEAMENDMENTIADDANIMAL THERAPYFACILITYASCONDITIONAL 26 USE 27 28 Mr. Neumeister stated at the September 15, 2009 Council meeting there was discussion on this 29 issue and staff has made adjustments to the proposed code amendment to follow the direction 30 given by the Council that evening. 31 32 The proposed code amendment requires the "Animal Therapy Facility" use to have a minimum 33 of five acres of land in the R -1, R -2 and R -3 zoning districts. A Conditional Use Permit for this 34 type of use will allow the City to attach specific conditions on liability insurance, vet checks of 35 animals, etc. 36 37 Motion by Knight, Seconded by Trude, to approve the resolution as presented. 38 39 Mayor Gamache asked how this will affect a large farm. Mr. Neumeister stated this item would 40 not be related to a general farm operation at all. This is more specific and related to animal 41 specific therapy. He reviewed some of the City Code with the Council in regard to this. 42 43 Mayor Gamache asked how this affected some of the issues regarding this land. Mr. Neumeister 44 stated the owner would have to request a variance to use the building for animals because it is too Regular Andover City Council Meeting Minutes — October 6, 2009 Page 10 1 close to the property line. 2 3 Councilmember Jacobson stated he still had problems with this item. Under the definition of this 4 it is delivered or directed by a health and human services provider and he did not think the 5 applicant is either one of these. This does not talk about housing of the animals at all and does 6 not talk about the number of animals permitted on the property. It does not talk about what types 7 of animals are excluded. He did not think this was thought through well enough to approve. If 8 they are looking for something like a petting zoo it is one thing but he thought this was opening it 9 up to more than what they are considering. 10 11 City Attorney Baumgartner stated the definition that was inserted was the definition that was 12 consistently used on websites for animal therapy. Councilmember Jacobson asked if the 13 applicant would then need to be a professional. City Attorney Baumgartner stated that is correct. 14 He stated they wanted to limit this program so everyone would not be able to open one up. 15 16 Councilmember Jacobson asked how a person would go about getting a license for something 17 like this and how would the City determine the legality of that. City Attorney Baumgartner 18 stated he would assume if they are working in the scope of their profession they can verify that. 19 There has to be some mechanism to narrow this down. 20 21 Councilmember Bukkila asked if this would include a foster parent since they are governed under 22 human services. Councilmember Jacobson stated it indicates it has to be within the scope of his 23 or her profession so they would need to be a professional. 24 25 Councilmember Jacobson thought there are loop holes in this and should be cleared up before 26 approved. 27 28 The Council discussed how they would determine the number of animals allowed. 29 30 Councilmember Trude asked if staff discussed this with the applicant. Mr. Neumeister stated 31 they have not talked with the applicant since the last meeting this was at. 32 33 Mr. Don Eveland, 2575 Andover Blvd, stated he has a number of severly handicapped kids at his 34 farm and they bring their own health professionals and he thought that was what the applicant 35 wanted to do rather than do it themselves. 36 37 Councilmember Trude thought they needed to clarify the reason for changing the code. 38 39 Mr. Eveland did not think the City should be involved in this since all the applicant is doing is 40 providing animals and someone else is bringing the kids in. The kids are coming in with a care 41 provider who will work with them and the animals. He thought this was all interpretational. 42 43 Mr. Neumeister reviewed the reason this was brought before the Council. 44 Regular Andover City Council Meeting Minutes — October 6, 2009 Page 11 1 Councilmember Bukkila stated she would like to get more information regarding the occupation 2 definition. Mayor Gamache stated they could bring this item to a workshop meeting. Mr. 3 Neumeister stated he would see if the applicant could come back in for more discussion at the 4 next Council meeting. 5 6 Councilmember Knight withdrew his motion and Councilmember Trude withdrew her second. 7 8 Motion by Trude, Seconded by Bukkila, to table this item to a future meeting. Motion carried 4 9 ayes, 1 nay (Jacobson). 10 11 12 ADMINISTRATOR REPORT 13 14 City Administrator Dickinson updated the Council on the administration and city department 15 activities, meeting reminders, and CIP Projects. 16 17 Community Development Director Neumeister updated the Council on development activity in 18 the City. 19 20 21 MA FOR,1COUNCIL INPUT 22 23 (Girl Scout Letter regarding Graffiti) — Mayor Gamache asked if the Council wanted to discuss this 24 letter about ideas on graffiti. Councilmember Bukkila thought there was something in the works 25 with the Boys Scouts. Mr. Dickinson stated he would like a copy to discuss with staff to see if this is 26 being handled. 27 28 (Andover High School Football) — Mayor Gamache stated the Andover Husky's are undefeated in 29 Football and he reminded the residents to come out and cheer them on. 30 31 (Council Chamber Improvements) — Councilmember Jacobson stated they have new video cameras 32 in the Council Chambers and he hoped people saw the difference. Councilmember Trude thought 33 the audio sounded a lot better. 34 35 (League of Women Voters Forum) — Councilmember Trude stated she is involved with the League of 36 Women Voters and if there are any women in the community interested she would be happy to 37 answer questions. In November they are going to be inviting the Mayors from the general region to 38 participate and she will be moderating a forum to talk about conservation of resources, preservation 39 of water quality, open spaces and other topics. 40 41 The Council recessed at 10:01 p.m. to go into a closed session to discuss Land Purchase Negotiations 42 — PIDs 07 -32 -24 -0001 & 29- 32 -24 -44 -0022. 43 44 The Council reconvened at 10:42 p.m. Regular Andover City Council Meeting Minutes — October 6, 2009 Page 13 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — OCTOBER 6, 2009 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE .......................................................................... ............................... 1 RESIDENTFORUM ....................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................... ............................... 1 APPROVALOF MINUTES ............................................................................ ............................... 1 CONSENTITEMS .......................................................................................... ............................... 2 Approvalof Claims ...................................................................................... ............................... 2 Receive Assessment Roll /Order Public Hearing/09- 2/2009 Street Reconstruction (See ResolutionR072- 09) ............................................................................... ............................... 2 Receive Assessment Roll/Order Public Hearing/08- 37/157' Avenue NW Reconstruction (MSAS 102) (See Resolution R073 -09) ................................................. ............................... 2 Accept CCWD Demonstration Grant/09- 31/Meadows Creek Estates Rain Garden Project...... 2 Consider Approval Application for Exempt Permit/Andover Lions Club ... ............................... 2 Approve Recycling Agreement with Anoka County and the City of Andover ............................ 2 Consider Approval On -Sale Liquor License /Andover Lanes ....................... ............................... 2 Consider Approval Application for Exempt Permit/The Way of the Shepherd .......................... 2 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 No. 1- I & 1 -2 Redevelopment Districts (See Resolution R074 -09) .. 2 Declare Costs, Order Assessment Roll & Schedule Public Hearing for 2009 Delinquent Utility Fees & Fines (See Resolution R075- 09) ................................................. ............................... 2 PRESENTATION /TWO RIVERS COMMUNITY LAND TRUSTMOUSING REHABILITATION IN ANDOVER ...................................................... ............................... 3 PUBLIC HEARING/VACATION OF DRAINAGE AND UTILITY EASEMENT /15956 EAGLE STREET NW (See Resolution R076 -09) ................................. ............................... 3 CONSIDER CONDITIONAL USE PERMIT /TELLECOMMUNICATIONS ANTENNA/PRAIRIE KNOLL PARK .................................. r................ ............................... 4 CONSIDER CODE AMENDMENT /ADD ANIMAL THERAPY FACILITY AS CONDITIONALUSE ............................................................................. ............................... 9 ADMINISTRATORREPORT ...................................................................... ............................... 11 MAYOR/COUNCIL INPUT ......................................................................... ............................... 11 Girl Scout Letter regarding Graffiti ........................................................... ............................... 11 Andover High School Football .................................................................. ............................... 11 Council Chamber Improvements ............................................................... ............................... 11 League of Women Voters Forum ............................................................... ............................... 11 ADJOURNMENT.......................................................................................... ............................... 12 A ' 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 CC: Jim Dickinson, City Administrator / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: October 20, 2009 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $122,078.32 on disbursement edit list #I from 10/09/09 have been issued and released. Claims totaling $183,647.92 on disbursement edit list #2 dated 10/20/09 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 REQUESTED The Andover City Council is requested to approve total claims in the amount of $305,726.24. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists O CC3 U N O o � U o U U u d a O z O C0 A a b O O b 0 u O O �O a bq a z z z z z z 44 Id '24 w w w w w w U U U U U U d d ¢ d d d .-r O O V) O N O O O O P M O 'd• p h O N ONO U.-- ��• --�M ti00000 UMNNNN UM UM UN NO UM 0 0 0 0 O_ C M M 0 0 0 0 0 0 0� 0 00 O O O O O O" O O O O" O O O O" O O O Cr 0 CN 001 O\°�O\ OOO\O O N O NM N en V] M NO O O P O O O O O M M O O O O M O O O O 0 0 0 0 0 U O O N N O U O U N U O U O O, (ON ONas 0000 as O, ONarn 00000 o, 0 O. 0 as 0 ON 0 O P O O N N N N � � 0 0 0 0 0 N N N Q N Q O N O N � O N O N a1 O O P 4, O C) C O O O O O C 01 �n Od' d' to N M 1.0 10 h 00 �O — 61 0\ 1.0 ON �D C) C> M M OO 0 C. 0000 M M O O fV r. (V Ci Vl C'4MN� 0000 4 ;6 4 ONIG hh a; C5 •4 r4 NN O N M.N -id.�i d0'� MM bA to .14 .! U U �O U U r+ 3 3 00 c� .� U ? c 0 N O 0 �bo N c� ... 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C� N >4C H� U O O p� a, a� � U ° O r Y ti rr U ti w a w a z V �i ev A a a q q O a C. z �O N W) tn MO d'O z z z z z N�0 NOO U M U M M U M 0 10 U wl G AD U N N 0 10 O 0 0 14 6 O ^Oj 6 0 w w w w w NO ON V] 00 Vi 00 .�-{.� V] 00 V2 00 Up O O vp O O O Q Q d Q d �O N W) tn MO d'O Vl Wn In NO NOO NN N�0 NOO U M U M M U M 0 10 U wl G AD U N N 0 10 O 0 0 14 6 O ^Oj 6 0 �- oOONN NN 0— NO ON V] 00 Vi 00 .�-{.� V] 00 V2 00 Up O O vp O O O V p,� UO UOr+ O O .� N�N O O Q\ ON O M M U kn U � 0 0 U i n U n U N O rn as O\ rn rnrn C) °o °O ° o ° 0 C) o 3 "I 3 IN •N N N N N N N N O O O O O O O 48 O O O O O O O Q\ ON O M M kn kn d: M [- N N M M t- d• .-•. t-� t` V'1 t` N vi h � •_; N 00 .-; 00 00 O m O kn to In to 00 \O v1 dt dt et I dt It It It vi t0 M M M d' t- d' et M M a M M 3 N x O �U+- F. N to to rA N d tn M 00 �U re o 0 U 40.z on a. 9 N r, a 0 0 N V'1 0 a 0 0 a U N a 0 U Cd H E"' 3 ch 3 •N Q. Q'+ � � N Y is C) 48 'tj'�� ANN °i O ON'� O ^� 0U cd 14' d �Ya�'"a� �3u xU)cnU z� H3u �u u O tU.. 0 pti � C O n U a C7 3 N x O �U+- F. N H OM rA N d ++ Q O 00000 i "0 00 ON tn M 00 �U re o 0 U 40.z on a. 9 N r, a 0 0 N V'1 0 a 0 0 a U N a 0 U LNDOVE I Tiq 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 FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Approve Amended Assessment Roll/08 -36 /Cardinal Ridge 2nd Addition (Putnam Property) — Engineering DATE: October 20, 2009 INTRODUCTION The City Council is requested to approve the amended assessment roll for Cardinal Ridge 2nd Addition (formally the Putnam Property), Project 08 -36. DISCUSSION As part of a three development project Cardinal Ridge, Woodland Crossings and Shaw's Glen, the Putnam property was developed around on the east, west and south side respectively. An assessment for the Putnam property was deferred with stipulations. The Putnam property has been purchased and is currently in the development phase as Cardinal Ridge 2nd Addition. A stipulation in the deferred assessment requires the assessments to become active and the cost be adjusted by the current fee schedule and ENR Index. Attached is the amended assessment worksheet that identifies the previous assessment and the amended assessment. The property owner (developer) has put up an acceptable letter of credit to ensure assessment payments. The amended assessment roll which is based on 14 lots is on file with the City Clerk. ACTION REQUIRED The City Council is requested to approve the amended assessment roll for Cardinal Ridge 2na Addition, Project 08 -36. Respectfully submitted, David D. Berkowitz Attachments: Resolution, & Amended Assessment Worksheet'/ cc: Ben Minks, Minks Land Development, LLC, 14015 Sunfish Lake Blvd. NW, Suite 400, Ramsey, MN 55303 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ADOPTING THE AMENDED ASSESSMENT ROLL FOR THE IMPROVEMENT OF PROJECT NO. 08 -36 , CARDINAL RIDGE 2ND ADDITION. WHEREAS, the property owner has waived their right to a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANDOVER, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments, extending over a period of 8 years, the first of the installments to be payable on or before the 1 st Monday in January, 2010 and shall bear interest at a rate of 5.5 percent per annum from the date of the adoption of this assessment resolution. 3. The owner of any property so assessed may, at any time prior to certification of the assessment or the first installment thereof to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the municipal treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption thereof; and, except as hereinafter provided, the owner may at any time prior to November 15 of any year, prepay to the treasurer of the municipality having levied said assessments, the whole assessment remaining due with interest accrued to December 31 of the year in which said prepayment is made. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 20th 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 O o 0 0 0 f7 N w mmp O V' LO m N O O N O I` N h N d N hm N r 6q d? 6% 64 C 7 N r d m M o o O M O O O O cq O N N cO w) GO co O O fC m h O O h N m N N I'? m 7 co N Oct n co N N ti N m M N N N N h ti N N O N V! 69 M di K! (g Ni 69 H3'69 69 F9 69 V! M• u O a 0 o O O O O O 0 0 O O O C N N N m O N Cl) m O `7 'V' N N c Z w rFa vi 69.61). » °a, Cl) o m cl °o, N Coorn °om oo °m 6e01• V' O 00 I I N ih fU ID aM0 '7 r It W f N N N cQ d' N N N N {M N fn C N Q w yr fA e3 es 64 OO oo 0 w O w m m aa (tl o M N r cy M N N I� aD 'Q vi 0 0 0 0 O 'd' 1- N Oi O w � N •� r M - ww t- m mw w �d~' MM O Om0 OD LO inN lh hIO N MTV' (h0 clj CL NN .- N iIi N N (/} fA 64 69 6! 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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 / Finance Director FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Accept Contribution / O'Reilly Auto Parts / Andover Fire Department DATE: October 20, 2009 0 INTRODUCTION This item is in regards to approving a resolution accepting a contribution made by O'Reilly Auto Parts to be used towards the operations of the Andover Fire Department. DISCUSSION O'Reilly Auto Parts has made a one -time contribution of $200. ACTION REQUIRED The City Council is requested to approve the resolution accepting the contribution. Respectfully submitted, �4 _�;� Lee Brezinka Attachments: Resolution CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ►• MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER TO BE USED TOWARDS THE OPERATIONS OF THE ANDOVER FIRE DEPARTMENT. WHEREAS, any contributions that are to be made to the City of Andover must be accepted by the City Council; and WHEREAS, the contribution from O'Reilly Auto Parts of $200 is to be used towards the operations of the Andover Fire Department. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be used towards the operations of the Andover Fire Department. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 20th 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 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: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Approve Health Insurance Renewal and Employer Contribution DATE: October 20, 2009 (a] The current City sponsored employee health insurance policy contract expires December 31, 2009. Administration, Finance and Human Resources departments have worked with the City's broker Johnson McCann to seek either a contract renewal with the current provider Preferred One or market to other insurance providers to provide a quality, yet affordable employee health insurance plan. The resulting recommendation is provided below. DISCUSSION In 2006 the City of Andover for medical insurance, converted to a High Deductible Health Plan (HDHP) with a Health Savings Account (HSA), which allowed employees to have more control over their own healthcare (Consumer Driven Healthcare), which is consistent with current marketplace trends. Staff is recommending staying with the Preferred One HDHP (deductibles of $2,500 for singles and $5,000 for families) with an HSA for 2010 , which will result in the following rates: Current 2010 Rate Rate Preferred One HDHP Single 284.07 326.82 Preferred One HDHP Family 738.57 849.72 Based on past City practices, Human Resources is recommending that the City Council continue covering 100% of the single health premium and 76% of the family premium, which would be $645.79 per month. The City will continue to partially fund the employee HSA's well within health insurance budget projections at the same amounts as last year (75% of singles and 65% of families). The employer /employee cost sharing program will net an overall City wide health insurance budget increase of approximately 11 %. As in the past, if an employee opts out, the City will provide an in lieu payment to the employee of $165.00 per month in taxable income. BUDGETIMPACT Funding for Medical Insurance and HSA would be provided for in the 2010 City Budget. Through the 2010 budget process a 15% medical insurance increase was forecasted, the proposed program is within that forecast with an actual increase of approximately 11% (based on current enrollment). ACTION REQUIRED The Andover City Council is requested to approve the Preferred One insurance renewal and the Health Savings Account contributions. Respectfully submitted, Dana Peitso L C I T Y 0 F A 0 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: Captain Tom Wells — Anoka County Sheriff's Office SUBJECT: Anoka County Sheriff s Department Monthly Report - Sheriff DATE: October 20, 2009 INTRODUCTION Captain Tom Wells from the Anoka County Sheriff's Office will be present to provide the Council and the citizens of Andover with an update on law enforcement activities within the City. Attached is a copy of the September 2009 monthly report. DISCUSSION To be verbally presented. ACTION REQUIRED For Council information. Respectfully submitted, Captain Tom Wells Anoka County Sheriff's Office Attachment: September 2009 Monthly Report OCT.14.2009 11:24AM PATROL NO.9284 P. 2/3 CITY OF ANDOVER — SEPTEMBER 2009 ITEM SEPTEMBER AUGUST Y'TD 2009 SEPTEMBER YTD 2008 Radio Calls 865 1,031 7,391 7,538 Incident Reports 996 1,068 8,330 7,423 Burglaries 5 13 77 77 Thefts 73 59 446 391 Crim.Sex Cond. 0 1 20 13 Assault 7 7 59 36 Dam to Prop. 23 22 198 256 Harr, Comm. 7 14 98 100 Felony Arrests 6 4 43 104 Gross Mis. 0 1 12 55 Misd, Arrests 54 39 377 709 DUI Arrests 7 7 103 94 Domestic Arr. 2 4 42 46 Warrant Arr. 9 10 91 123 Traffic Arr. 254 220 2,083 1,716 DUI OFFENSES: DAY OF Sunday Monday Tuesday Wednesday Thursday Friday Saturday WEEK- TIME: 02.11 21:24 03:22 02:15 19:30 2337 1. 20:41 OCT.14.2009 11:24AM PATROL NO.9284 P. 3/3 CITY OF ,ANDOVER — SEPTEMBER 2009 COMMUNITY SERVICE OFFICER REPORT ITEM SEPTEMBER AUGUST YTD 2009 S: Radio Calls 80 91 1,032 Incident Reports 60 67 .685 Accident Assists 3 6 63 Vehicle Lock Out 15 12 198 Extra Patrol 95 139 1,659 Douse Checks 0 0 6 Bus. Checks 3 15 249 Animal Compl. 43 43 372 Traffic Assist 8 2 98 Aids: Agency 136 122 1,591 Aids: Public 31 23 370 Paper Service 0 0 14 Inspections 0 0 3 Ordinance Viol. 6 14 24 PTEMBER YTD 2008 1,307 1,063 98 270 1,134 36 313 501 131 1,455 751 0 0 2 F AC IL DOVE^ 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: Public Hearing - 2010 -2014 Capital Improvement Plan DATE: October 20, 2009 INTRODUCTION The City Council is requested to hold a Public Hearing to give the public the opportunity to comment on the proposed 2010 -2014 Capital Improvement Plan (CIP). DISCUSSION A publication (attached) was in the Anoka Union noticing a public hearing that will be conducted by the City Council of the City of Andover, Minnesota on Tuesday, October 20, 2009 at 7:00 p.m. The proposed 2010 -2014 CIP is the product of numerous staff meetings and workshops with the City Council. The proposed Capital Improvements Plan is attached for your review and copies are available for public viewing in the Finance Department at City Hall. BUDGET IMPACT Detailed cost analysis is presented in the CIP document. ACTION REQUESTED Receive a brief presentation, hold a public hearing and consider approving the attached resolution adopting the 2010 -2014 CIP. submitted, Attachments — Publication, Resolution and Proposed 2010 -2014 CIP CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO A RESOLUTION ADOPTING THE CITY OF ANDOVER 2010 -2014 CAPITAL IMPROVEMENT PLAN. WHEREAS, the preparation and adoption of capital improvement plans is recognized as sound financial practice; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's funds; and WHEREAS, the City of Andover has the responsibility to appropriately and efficiently manage the public's infrastructure and equipment; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Andover hereby adopts the 2010 -2014 City of Andover Capital Improvement Plan. Adopted by the City of Andover this 20th day of October 2009. ATTEST: James Dickinson - City Clerk CITY OF ANDOVER Michael R. Gamache - Mayor STATE OF MINNESOTA) COUNTY OF ANOKA) CITY OF ANDOVER) I, the undersigned, being the duly qualified and acting City Clerk of the City of Andover, Minnesota, do hereby certify that I have carefully compared the attached Resolution No. adopting the City of Andover 2010 -2014 Capital Improvement Plan with the original record thereof preserved in my office, and have found the same to be true and correct transcript of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto subscribed my hand this 20th day of October 2009. James Dickinson - City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA NOTICE OF PUBLIC HEARING The Andover City Council will hold a public hearing on the 2010 — 2014 Capital Improvements Plan at 7:00 p.m., or soon thereafter as can be heard on Tuesday, October 20, 2009 at Andover City Hall, 1685 Crosstown Blvd NW, Andover, Minnesota. The purpose of the hearing is to receive public testimony on its proposed Capital Improvements Plan for the five -year period from 2010 through 2014. The proposed Capital Improvements Plan is on file and is available for review in the Finance Department at City Hall. Jim Dickinson, City Administrator Publication Dates: October 9, 2009 October 16, 2009 SUBJECT: PUBLIC HEARING: Consider Conditional Use Permit (09 -08) to allow a telecommunications antenna within Prairie Knoll Park.- Planning DATE: October 20, 2009 INTRODUCTION T- Mobile has applied for a Conditional Use Permit to locate a cellular phone antenna in Prairie Knoll Park. City Code 9 -12 provides the specific requirements for antennas and towers. DISCUSSION This items was discussed at the October 6t' City Council meeting. Based on the City Council's recommendation, the applicant is revising the location of the proposed antenna array to the east side of Prairie Knoll Park as shown on the revised location map (attached), near the Northern Natural Gas site. A revised resolution is attached for your review along with the materials previously presented. ACTION REQUESTED The Council is asked to approve the Conditional Use Permit. Respectfull submitted, Angie rera Associate Planner Cc: Paul Harrington, representative for T- Mobile, Carlson & Harrington Inc., 1683 Chatham Ave., Saint Paul, MN 55112 Attachments Revised Resolution Revised Location Map Staff report and attachments from October 6t' City Council meeting 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 AS PRAIRIE KNOLL PARK, BARNES ROLLING OAKS SECOND ADDITION, ANOKA COUNTY, MINNESOTA. 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) Applicant shall execute a license agreement with the City of Andover prior to commencing construction on the site. Said agreement will include a site plan specifically identifying the tower location on the east side of Prairie Knoll Park. 2) Applicant shall be required to relocate the existing irrigation system if necessary to provide coverage of the area surrounding the proposed improvements. 3) Applicant shall be required to restore any disturbed earth and sod as necessary. 4) Applicant shall meet the requirements of the Federal Aviation Administration. 5) 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. 6) Applicant shall submit a revised plan set with the new location showing the access and utility easements and design the antenna and building according to City standards. 7) Exterior material of the building shall be made of brick to match or be similar to the warming house building located at Prairie Knoll Park. Shingles on the structure should also match. 8) 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. 9) Applicant shall be responsible for full maintenance and costs associated with any access to the proposed tower and building area, including but not limited to snow plowing. 10) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12 -14 -6. Adopted by the City Council of the City of Andover on this 20t1i day of October, 2009 CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor t' WN t7 A c� s, ti 3 � e xQ k w. a y„ a; ' -' ;. 44"� s r 'i 'Alk xy. WON joy ow ov LOCA 3 Y a` 6 ± _ , F t s v s F �z) 74' 1, D O( t PID ---------- - -- 1685 CROSSTOWN BOULEVARD N.W. - ANDOVER, MINNESOTA 55304 (763) 755 -5100 FAX (763) 755 -8923 . WVVW.CI.ANDOVER.MN.US TO: Mayor and Councilmemebers:ZZ':� r City CC: Jim Dickinson, Administrator , Will Neumeister, Community Development Director FROM: Angie Perera, Associate Planner?= ,�,`S� 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 kemove 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 buildn1g 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. 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 fiorm 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: v The coverage area desired by T- Mobile. o Utilize existing landscape as a buffer for visual screening o 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 SW 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 fiom 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. Parr Commission Review The Park Commission reviewed the proposal on September 17th and again on October 1St, 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 11 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 antemna 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 reconumendation 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 warning house building located at Prairie Knoll Park. 9) The applicant shall submit a building permit to the Building Depatinent 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 146t" 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 Incorporated 1974 Conditional Use Permit Telecommunications Antenna Subject Property Location Map N W-�- E S REDUCED PRINT SCALES t /B• o ♦ J 13 n 1J 30 14 aJ J3 EJ m 1/4 a 3 ♦ e I to ti t3 10 O tJ 3 /8' 0 1 J / a p t o u v m o m N C 8 A m Z vtT O x C • m �o J x > 0 (y� Cl r p Iy31 � 38 r S+rl Op 13 R OO O O \ z F; GZi (n o 77 x rjz o 0 p Q 435' -0' +�- �y0 V ■ ■ S ■ �I I� a al la N < < m A rn I �" ZI � rod I LJ H hr-•t Im xz N T— z v D 0 , �c z J ® I S z � S Z �!9 , �� I I � � � v� mg my ss�j~xn BFgo� I I - °- g P9 c y r z c_ z z 1 J A98Pt O ^p�Z s a , POI/It oS �gzi pz my �moc v P�Ke�mmZ5Tmo H {{�� I I o I t ;� AV SZ O OIZ � w m I. � / 0 r�Q Z R B / �Z qZ•T ' RoAg °R O S S t 13 ,3 5:. 63 u mC;w mi z �� 8 W ZI O z � vci E3 o ii O c 13 _711`- O / i O ❑ —do-n+ Oro OryaSIKd _- MN E3 to A C7 cn ao am / / a m 0z O G m Z m rp0 > G fir„ Z 9,10X9 ltlM�30-LaDta g 0 M az 'fl � 3N �,1U3d0ad REFERENCE DRAVNNGSt TMOB -WZH REDUCED PRIM SCALES t PLOTTED: o t 1 a s o t 1 a� nu t/a taa SW6. 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Application — Prairie Knoll parr- 595- -14.e Lane MW Dear Sirs and Madams: On behalf of T- Mobile USA (T -Mobile"), -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 Parts as a telecommunications antenna. facility. ma(GROUND 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 marl et& `p4Mobile 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 pro-,.,!der with a national GSM network, which gives customers the choice of using their i=4l obile number while traveling internationally and supports roaming capabilities for ether GSM customers traveling to the United States. T- Mobile currently has a developed wireless network cove ring the 11- count`l Minneapolis/St- Pahl 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, i- Mobile has identified the Prairie moll Parr and surrounding area as a demand area requiring both signal coverage and capacity. CURRENT PROJEECT DES01RfPu I© `�1' T Cpl ®bile is proposing to replace and utilize an existing light pole at Prairie Knoll Parr as an antenna facility, The existing light pole is approximately 010' in height and supports one of fmx (4) existing light standards sei -,ling the soccerlfootbail field on the west side of the Park. T- Mobile world propose to replace the existing pale 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 lightlantenna 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 specific; set of channels licensed e-Xclusively to T-Mobile to provide high quality digital communication service for the benefit of the public good. As required by their FCC g 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. Ra ZIA. Harrington Carlson & Harrington, Inc. Representative for T-Mobile /attachments: Completed C.U.P. Application Legal Description . Application Fee - $530 Plan Set --11" x 17" c x 1G U) w Z � A�' ¢a s• N c " aza ¢ Zia O� o 0 p° x�U t7 N Z W WO 312j1d�d N ti cq N Of Amba d\ • •' .:'il - -� ..•. ALL= _� $•� a 969 • 1 s. bl" a !( I 893 PAW z3 ` I - 895 G 2 / NI U? �Z �F .s tiFt ct a i - �} p �4 x � iC o t=¢ F l MI # + 3 _v-AMS#s i � I I � U Z n � I{ I O i U L I Uj G F• '!fit 1 ri iii f # Ins [ I ? t i AWN 1 �4 i Z, y . S;� J •�i 4FF rd S; I x F # l t j 4 S4F }X TOWN, # } Oft;: r S S, a tr t} ANA! ANY Poo a r i I L r ' e-- # + 3 3 C t i i f4' tit t•3 ti fi?< ,s .�i•i{ # ( ;t ; 1 j t F _ i i-• LJ '!fit 1 ri iii f # Ins [ I ? t i AWN 1 �4 i Z, y . S;� J •�i 4FF rd S; I x F # l t j 4 S4F }X TOWN, # } Oft;: r S S, a tr t} ANA! ANY Poo a r i I L r ' e-- # + 3 3 C t i i f4' tit t•3 ti fi?< ,s .�i•i{ # ( ;t ; 1 j t F _ i Prairie Knoll Park �k 2 of 3 >° °' Prairie Knofl Park (3 of 3) 5 Z3 70 01 O 0- O 0. d x LU ;j t I - I I �_ F&A too Xv Iv t J—Ulk. II 9 I � 11, � � r i.. � � i�r 71x1 � �� c�• � r� I �•�'� it I .�.1 -� .' -��_ ��-i I:;��:..I. �. ,��: <r h`c�.�x:�,, -_ s c b a oil K C"- Y b it ;j t I - I I �_ F&A too Xv Iv t J—Ulk. II 9 I � 11, � � r i.. � � i�r 71x1 � �� c�• � r� I �•�'� it I .�.1 -� .' -��_ ��-i I:;��:..I. �. ,��: <r h`c�.�x:�,, -_ s c A - } �` � «�� -fit• x 0', I r 'M3 j ri 'a, r c 9 t a fir`, r Vii., \S�� , \� `� � \� \ \� \ � �� \ � . ., � \ :� \ .� . . . < � / \� . \/22° \ \ \ . :.«� <�. � ^,» \ . . � »§ . . ».. . � y/\ \� \: � « / ». . 1.... .« . \\ \ � \ \\2 <. .. � \ \� \. . 2 \� \�?a _ �� . �� \ / \ � �� d �� ?� K :�� /�/ �� d� r... «� � � ?3 � /�: ..\� � : i I o 0 0 0 0 0 rA x a' I 7i x Regular° Andover° Park & Recreation Cornnaission Meeting Minutes — Se_ptember 17, 2009 f ' Page 2; CONSIDER COMMUNITY GARDEN PLOTS IN PARWAREAS, CONT. W. 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 CUP /T- MOBILE USA/PRAIRIEKNOLL 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 telecominunications antemla 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 fagade 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 148t' and Prairie Knoll Drive, free standing, by the other utility buildings away fioin 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 Lindalnl agreed with Convnission 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 17, 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 lie 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 anteiuza in parks but he also looked at the potential for revenue in the park for improvements. Mr. Jim Linehan, 665 148t" 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 148t" 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 148tH 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 Rarnnath 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 Co7mvission Meeting Minutes — September 17, 2009 Page 4 Commissioner Ram.nath 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. Corm- nissioner 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 fiom 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 fund 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 telecom.inunications 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 recommends -ng 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 Re -I -dar Andover Park & Recreation Cornrnission 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 Conmission cared about the park but after talking to Jinn 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 Lindal-1, 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 Coirunissioner 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. Conunissioner 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 OFiyOPHIE'SPARK 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 Con nission 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 ALL®W TELECO MId UIVICATIONSANTENNA WITHIN PRAIRIE IOVOLL 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. Convnissioner_ 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 1481 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 theirs 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 — Septeinber 8, 2009 Page o 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 lie 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 tecluaician 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. Corxmrissioner 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. Xegula.r Andover° Planning and Zoning Co7nn- ission Meeting Minutes — September 8, 2009 Page 9 Chairperson Daninger asked if Mr. Harlington 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 cornrnented 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. Beinin 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 oilier than discontinuing the operation. Mr. Bednarz stated the sunset clause is just to ensure you follow through with the construction within twelve months. Modon 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 m Comission 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. Conunissioner Falls 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 Falls 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 Banging antennas on the sides of the tower. Conunissioner 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 iii 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. NLr. Bednarz stated that this item would be before the Council at the October 6, 2009 City Council meeting. OTHER BUS`IIlNES`,S. 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 sanded on a 7 -ayes, 0 -nays, 0- absent vote. Health Effects from Cell Phone Tower Radiation' by wren 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 Lane 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, 81. 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. [91 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 scfent®>r1c knowledge is inadequate to set reliable exposure standards. - The Vienna Resolution, 9998 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. [101 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. [111 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. Nell 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." 64T10 claim there is no adverse effect from phone sowers flies in the face of a large body of evidence." - Dr. Veil 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, 14] 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 EPAfunding 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 industrny lobbied Congress with $39 minion in 1996 to pass a flaw that tooff away citizen's nights to oppose cell towers Cased 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 flower 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 or 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. .. „, r_ _,._ r.__ d-„ii 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, S.S. Ernelrnotes 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 Radiofrrequency 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 /biblio.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 /itchartreportbio- sample.pdf , and Reference List for Some Reported Biological EffectE 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/60016- 901005B, 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 I Electromagnetic fields and public health: mobile telephones and their base stations Page 1 of 3 �• Media Centre tt7.�f i �;� �,.I WHO > Programmes and project s > Media centre > Fact sheets Countries printable version Health topics Fact sheet N 0193 Publications Revised June 2000 Data and statistics E20ectr®m agree tic fields and pubCic Cleaft ' 6-ftlo lie telephones and Programmes and iG' -base stations projects @D All WHO t_; This site only Horne Media Centre About WHO WHO > Programmes and project s > Media centre > Fact sheets Countries printable version Health topics Fact sheet N 0193 Publications Revised June 2000 Data and statistics E20ectr®m agree tic fields and pubCic Cleaft ' 6-ftlo lie telephones and Programmes and iG' -base stations projects Media centre Mobile telephones, sometimes called cellular phones or handles, are now an integral part of modern they are the most reliable or only phones available. In News telecommunications. In some parts of the world, 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 1999, the Royal Society of Canada (1999), and a review on mobile phones and health by an expert Contacts 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 fro WH® I 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. M MIN 9 WTV :CitiO4 Eiffim 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 WHO I 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. o 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 ofradlofrequency 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: +41 22 791 2222 E -mail: mediainouir1p5@whoJnt ®ET -- PT Safety FAA's Radio Frequency Safety FCC > OET> RF SafaIV > RF Safely PAC's Search the FCC-_ HelD I cd,anced '� Radio Frequency Safety RF Safety FAQ's Ale) Once of Engineering and rechnology(0E7) FDA Website Visit the FDA consumer information wireless o OM website. Page 1 of 6 FCC Home I Search I Updates 1 E- Filing I Initiatives I For Consumers I Find People 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 rfsafetvralfcc.aov or 1 -888- 225 -5322 Index (click on topic below) What is " radiofrequency" and microwave radiation? . What Is non - Ionizing radiation? How is radiofreauency enerav used? How Is radiofreouency radiation measured? What biological effects can be caused by RF energy? Can people be exposed to levels of radiofreauency radiation and microwaves that could be harmful? . Can radiofrequency radiation cause cancer? What research Is being done on RF blolooical effects? What levels are of for exposure to RF eneravZ 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 (SAR) value for my mobile ohone? 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? . Can mobile phones be used safely in hospitals and near medical telemetry eauioment? Are cellular and PCS towers and antennas safe? Are cellular and other radio towers located near homes or schools safe for residents and students? • Are emissions from radio and television antennas safe? • How safe are radio antennas used for paging 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 radiofr a ency warning sign 7 For examole when should signs be posted where should they be located and what should they say? • Can implanted electronic cardiac pacemakers be affected by nearby RF devices such as microwave ovens or cellular teleohoneso • Does the FCC reaulate exposure to radiation from microwave ovens television sets and comouter monitors? • Does the FCC routinely monitor rad(ofreauencv radiation from antennas? • Does the FCC maihtain a database that includes information on the location and technical parameters of all the towers and antennas it regulates? • Which other federal agencies have responsibilities related to potential RF health effects? • Can local and state ciovemmental bodies establish limits for RF exposure? • Where can I obtain mom information on note tial health effects of radiofrequency enerav? WHAT ARE "RADIO FREQU ENCY" AND MICROWAVE RADIATION? Electromagnetic radiation consists of waves of electric and magnetic energy moving together (he., 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 tens 'radiation' does not mean "radioactive." Often, the terms "electromagnetic field" or "radiofrequency 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 area specific category of radio waves that can be loosely defined as radlofrequency 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, inducting 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. Therefbre, 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. Radfofrequency 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" (V /m) 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 mlcrowatts per square centimeter (pVJ /cm2). One mW /cm2 equals 10 )N /m2, and 100 p1N /cm2 equal one W /m2. With respect to frequencies in OET -- RF Safety FAA's the microwave range, power density is usually used to express intensity of exposure. Page 2 of 6 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 (VV/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, le., 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 cases, 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.00v/ceII[2hong_sL. (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. w ho. 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 /cellohones/ (Back-to Index) WHAT LEVELS ARE SAFE FOR EXPOSURE TO RF ENERGY? Exposure standards for radlofrequency 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 CET Bulletin 651, 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 4.EI Bulletin 65 (see "OET 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 ®ET -- 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 maybe 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.00v1celIohonEs/. 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 W1kg), 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 %Y/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). feack to Indexl 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: Eo uioment 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.cnetcom 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 (CfIA) 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 "OEf 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: rfsafetvfo)fcc.nov 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.aov/cellohones/. (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 actuaffy 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.00v /c frh . (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 "omnl- 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 1 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 call 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. 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 htto wireless fcc oov /services /index him ?job= 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 thatstations 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 vehide- mounted antenna during transmission or mount the antenna in such away 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 manufacturers 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 Eouipment Authorization database. Click on the link for "FCC ID Search <imbed hypertext link >. ". (Back to index) 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 am 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 OET -- R' 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.oro). Guidance concerning the placement of signs can be found in IEEE Standard C95.7 -2005. When signs are used, meaningful information should be placed on the sign advising affected persons of: (1) the nature of the potential hazard (i.e., 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: rfsafetv(drec.aov. (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 (GenMen) 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 CDBS, COALS (cable data) and BLS, and the International Bureau's IBFS. Entry points or search options in the various databases include frequency, statelcounty, 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. DIET 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 or2DZ- 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: wwtq.osha.gov/SLTCtradtofreciuencyradiation/). 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? OET -- RF Safety FAQ's FCC Home 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 t the extent that such facilities comply with the Commission's regulations concerning such emissions." Further information on FCC policy with respect to facilities siting i s available from the FCC's Wireless Telecommunications Bureau (see htto'/ /wireless frc aov /siting ). (Back to Index) WHERE CAN I OBTAIN MORE INFORMATION ON POTENTIAL HEALTH EFFECTS OF RADIOFREQUENCY ENERGY? Althou asgh relatively certain cs f few opiagencies within nthfeFederal Government all of which routinely deal with the have Internet u eof human exposure to RF fields, it is possible to obtain information and 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. [http./ wy4 fda aov /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 Ouestions on EMF RF & Other Nonionizina Radiation] OSHA: The Occupational Safety and Health Administration's (OSHA) Health Response Team has been involved in studies related to occupational exposure to RF radladon. -na www.Qsha.00v/Sl TC/radiation nonionizinalindex.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: rdcinfo(alcdc.00v. Internet information on workplace RF safety: htto• / /www cdc aov /niosh /topics /emf/Trffields. 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. [ ",w w, can r aov /cancertooics /fact heet /Risk /cello 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: rfsafatv(alfcc.aov; or go to: www.fcc.00vloet/rff5afgU. 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 listr 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) o Bfoelectromagnetics Society: htto• / /taww bioelectromaanetics oral EPA's RadTown USA: htto• / /www eoa aov /radtown /basic.html o International Commission on Non- Ionizing Radiation Protection (ICNIRP Europe): htto• / /www.icniro de/ IEEE Committee on Man & Radiation: htto• / /ewh ieee org /sac /embs /[Omar/ o Microwave News: htto• / /www microwavenews com/ o National Council on Radiation Protection & Measurements: htto• /Avww, ncrponline.oro/ o N7 Dept Radiation Protection: htto / /www of aov /deo /roo /nrs /index htm RFcom (Canada): •11 'w rfcom ca /welcome /index.shtml Wireless Industry (CTIA): htto: / /www.ctia.org/ o World Health Organization (WHO): htto• / /www who ch /oeh -emf o Germany's EMF Portal: htto•/ /www emf - portal de/ For more information on this topic please note: OET Bulletin 56: questions and Answers About the Biological Effects and Potential Hazards of Radiofrequency Radiation. Federel Communications Commission 44512th street SW Washington, OC 21554 M FCC C tact 1 r mraY Any questions regarding this subject matter should be addressed to: Th RFSafety Prooram last reviewed/updated 919109 Search Updates E -Filing Initiatives For Consumers Find People [ I - I If you have questions about this web page, or would like more information pertaining to OET, please send e-mail to oetinfo(o Maov - Privan' Polkv Phone: t- 8BB -CALL-FCC (1 -8B8- 225 -6322) -Websile Polides & N ti TTY: 1 -888- TELL -FCC (1 -888- 835 -6322) _ Rewired Br r Plu in I= 1 -866- 418-0232 - Freedom f Information Ad E -mail: Winfo(Pfcc aov AC 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 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 (Continued) DATE: October 20, 2009 INTRODUCTION At the September 15, 2009 and October 6, 2009 Council meetings there was discussion on this issue and staff has made adjustments to the proposed code amendment to follow the direction given by the Council those evenings. For further details, please refer to the minutes (attached) as well as the latest code amendment proposal (also attached). Lauren Fischel, the owner of the property, at 4618 165d' Avenue has been invited to attend this meeting to answer the Council's questions. 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 and October 6, 2009) Cc: Lauren Fischel, 4618 165t' 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 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 C C C than,five acres in size9 Adopted by the City Council of the City of Andover on this 20'' day of October, 2009. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor Regular Andover City Council Meeting Minutes — October 6, 2009 Page 9 2 Councilmember Trude stated when they looked at this they did not want to see them in the little tot 3 lot parks but would allow them in the larger regional parks. This helps supplement the parks and 4 improvements. They decided to look at only the large parks for these utilities because residents are 5 not that close. Mayor Gamache agreed and understood what she was saying but hated to see 6 something like that go into Prairie Knoll Park. 7 8 Councilmember Bukkila stated even if the cell tower is not placed in the park they will be put 9 somewhere. She agreed with the Mayor on the safety issues and not take that into consideration but 10 what she does have to take into consideration is the budget, tax levy and to a point it is about money 11 because the bottom line is the City is sitting on a tax increase just to support the basic City services 12 and everyone on the Council has huge hopes to continue to fund the parks but they are a great 13 expense and weighing them into the budget is a huge expense. This is one of those opportunities that 14 comes along rarely where this is a venture that will go to an individual property somewhere in the 15 community whether the City capitalizes on it or not, this is an opportunity to help fund the parks and 16 they need it. She stated it is to help the budget and to help the parks and to stave off an increase in 17 taxes. 18 19 Motion carried 4 ayes, 1 nay ( Gamache). 20 21 Mr. Linehan stated he understood this will generate revenue but two or three years down the road the 22 Council will raise taxes anyway to help pay for the parks. 23 24 25 CONSIDER CODEAMENDMENTIADDANIMAL THERAPYFACILITYASCONDITIONAL 26 USE 27 28 Mr. Neumeister stated at the September 15, 2009 Council meeting there was discussion on this 29 issue and staff has made adjustments to the proposed code amendment to follow the direction 30 given by the Council that evening. 31 32 The proposed code amendment requires the "Animal Therapy Facility" use to have a minimum 33 of five acres of land in the R -1, R -2 and R -3 zoning districts. A Conditional Use Permit for this 34 type of use will allow the City to attach specific conditions on liability insurance, vet checks of 35 animals, etc. 36 37 Motion by Knight, Seconded by Trude, to approve the resolution as presented. 38 39 Mayor Gamache asked how this will affect a large farm. Mr. Neumeister stated this item would 40 not be related to a general farm operation at all. This is more specific and related to animal 41 specific therapy. He reviewed some of the City Code with the Council in regard to this. 42 43 Mayor Gamache asked how this affected some of the issues regarding this land. Mr. Neumeister 44 stated the owner would have to request a variance to use the building for animals because it is too Regular Andover City Council Meeting Minutes — October 6, 2009 Page 10 1 close to the property line. 2 3 Councilmember Jacobson stated he still had problems with this item. Under the definition of this 4 it is delivered or directed by a health and human services provider and he did not think the 5 applicant is either one of these. This does not talk about housing of the animals at all and does 6 not talk about the number of animals permitted on the property. It does not talk about what types 7 of animals are excluded. He did not think this was thought through well enough to approve. If 8 they are looking for something like a petting zoo it is one thing but he thought this was opening it 9 up to more than what they are considering. 10 11 City Attorney Baumgartner stated the definition that was inserted was the definition that was 12 consistently used on websites for animal therapy. Councilmember Jacobson asked if the 13 applicant would then need to be a professional. City Attorney Baumgartner stated that is correct. 14 He stated they wanted to limit this program so everyone would not be able to open one up. 15 16 Councilmember Jacobson asked how a person would go about getting a license for something 17 like this and how would the City determine the legality of that. City Attorney Baumgartner 18 stated he would assume if they are working in the scope of their profession they can verify that. 19 There has to be some mechanism to narrow this down. 20 21 Councilmember Bukkila asked if this would include a foster parent since they are governed under 22 human services. Councilmember Jacobson stated it indicates it has to be within the scope of his 23 or her profession so they would need to be a professional. 24 25 Councilmember Jacobson thought there are loop holes in this and should be cleared up before 26 approved. 27 28 The Council discussed how they would determine the number of animals allowed. 29 30 Councilmember Trude asked if staff discussed this with the applicant. Mr. Neumeister stated 31 they have not talked with the applicant since the last meeting this was at. 32 33 Mr. Don Eveland, 2575 Andover Blvd, stated he has a number of severly handicapped kids at his 34 farm and they bring their own health professionals and he thought that was what the applicant 35 wanted to do rather than do it themselves. 36 37 Councilmember Trude thought they needed to clarify the reason for changing the code. 38 39 Mr. Eveland did not think the City should be involved in this since all the applicant is doing is 40 providing animals and someone else is bringing the kids in. The kids are coming in with a care 41 provider who will work with them and the animals. He thought this was all interpretational. 42 43 Mr. Neumeister reviewed the reason this was brought before the Council. 44 Regular Andover City Council Meeting Minutes — October 6, 2009 Page 11 1 Councilmember Bukkila stated she would like to get more information regarding the occupation 2 definition. Mayor Gamache stated they could bring this item to a workshop meeting. Mr. 3 Neumeister stated he would see if the applicant could come back in for more discussion at the 4 next Council meeting. 5 6 Councilmember Knight withdrew his motion and Councilmember Trude withdrew her second. 7 8 Motion by Trude, Seconded by Bukkila, to table this item to a future meeting. Motion carried 4 9 ayes, 1 nay (Jacobson). 10 11 12 ADMINISTRATOR REPORT 13 14 City Administrator Dickinson updated the Council on the administration and city department 15 activities, meeting reminders, and CIP Projects. 16 17 Community Development Director Neumeister updated the Council on development activity in 18 the City. 19 20 21 MAYORICOUNCIL INPUT 22 23 (Girl Scout Letter regarding Graffiti) — Mayor Gamache asked if the Council wanted to discuss this 24 letter about ideas on graffiti. Councilmember Bukkila thought there was something in the works 25 with the Boys Scouts. Mr. Dickinson stated he would like a copy to discuss with staff to see if this is 26 being handled. 27 28 (Andover High School Football) — Mayor Gamache stated the Andover Husky's are undefeated in 29 Football and he reminded the residents to come out and cheer them on. 30 31 (Council Chamber Improvements) — Councilmember Jacobson stated they have new video cameras 32 in the Council Chambers and he hoped people saw the difference. Councilmember Trude thought 33 the audio sounded a lot better. 34 35 (League of Women Voters Forum) — Councilmember Trude stated she is involved with the League of 36 Women Voters and if there are any women in the community interested she would be happy to 37 answer questions. In November they are going to be inviting the Mayors from the general region to 38 participate and she will be moderating a forum to talk about conservation of resources, preservation 39 of water quality, open spaces and other topics. 40 41 The Council recessed at 10:01 p.m. to go into a closed session to discuss Land Purchase Negotiations 42 — PIDs 07 -32 -24 -0001 & 29- 32 -24 -44 -0022. 43 44 The Council reconvened at 10:42 p.m. .9v • A 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 Administrato Will Neumeister, Community Development Director lv FROM: Angie Perera, Associate Planner I l' SUBJECT: Consider Encroachment Agreement/2114 —142nd Ln. NW - Planning DATE: October 20, 2009 INTRODUCTION John & Kris Karnowski at 2114 —142nd Ln. NW have requested an encroachment agreement for two sheds (accessory structures). The Karnowskis are asking to allow these sheds to remain where they are located and to "hold harmless" with an encroachment agreement. DISCUSSION The Karnowskis placed one 7 foot by 10 foot shed in the left corner of the rear yard about five years ago. They have recently placed another 7 foot by 10 foot shed in the right corner of the rear yard. Both sheds are setback approximately one foot from their fence and located within the ten foot rear and five foot side yard drainage and utility easements. They have submitted a written request for your consideration that is attached with this staff report along with a survey of the property, a location map, photos of the sheds, and a draft encroachment agreement. Please refer to the attached agreement for details that explains if the easement is ever needed for ... "access, maintenance, repair and/or replacement" that Mr. and Mrs. Kamowski agree to remove the shed from the easement. Review Criteria City Code Section 12 -6 -5 states that accessory buildings and structures located in residentially zoned districts shall have a minimum setback of five feet (5') from side and rear lot lines unless an easement exists that is more restrictive. Sec. 12 -6 -5 E. furthermore states that all accessory buildings and structures shall not be constructed or placed in a drainage or utility easement. Courtesy notifications regarding the property owner's request were mailed to adjacent neighbors on October 6d'. The notification, location map and addresses of neighboring properties are attached with this staff report for reference. The City Engineering Department has reviewed this item and has verified that there are no public utilities that exist within the easement in question. They have concerns with setting precedence for future requests by allowing this encroachment agreement. There was one side /rear yard easement encroachment approved this year that involved a shed and had concurrence from the surrounding properties and did not adversely affect the adjacent properties in any way. An example of adverse impacts would be storm water runoff and/or storm water flow. Their recommendation is that if the agreement is approved, that it be done contingent upon the verification that no private utilities (ie. cable, phone, gas, electric) exist within the easements in question. The property owners would be responsible for contacting Gopher State One and requesting the location of private utilities on their property. Once they have been located, City staff would follow up with an inspection to verify the locates and then commence with executing the encroachment agreement. The City's fee ordinance requires that a $100 fee be paid for an encroachment agreement. The property owners who were previously approved of an encroachment agreement this year paid approximately $100 for administrative time and recording fees for the filing of their encroachment agreement. ACTION REQUESTED The Council is asked to consider the attached "hold harmless and encroachment agreement" to allow the sheds to remain in the easements, until the easements are needed. Respectfully submitted, Angie e ra)t Attachments Hold Harmless and Easement Encroachment Agreement Letter of request from John & Kris Karnowski Exhibit A (survey showing shed locations) Photos of the subject property Courtesy notification of Encroachment Agreement request Exhibit B (map of neighboring properties) Addresses of neighboring properties (courtesy notifications were mailed to these addresses) Cc: John& Kris Karnowski, 2114 —142nd Ln. NW, Andover, MN 55304 HOLD HARMLESS AGREEMENT AND EASEMENT ENCROACHMENT AGREEMENT THIS AGREEMENT, made this day of October, 2009, by and between John & Kris Karnowski, owners of said property noted below and the City of Andover, a Minnesota Municipal Corporation (hereinafter "City "). WHEREAS, John & Kris Karnowski are the fee owners of 2114 —142nd Ln. NW (PIN 27- 32 -24 -34 -0021; Lot 7, Block 2, Kensington Estates 3rd Addition), Andover, Anoka County, Minnesota; and WHEREAS, drainage and utility easements exist throughout the property; and WHEREAS, John & Kris Karnowski understand that their sheds (hereinafter "improvements ") encroach into said drainage and utility easements (shed locations shown on Exhibit A); WHEREAS, the City is willing to acknowledge and agree to an encroachment of the drainage and utility easements for said improvements assuming certain conditions are met; WHEREAS, John & Kris Karnowski are aware the area is for drainage and utility purposes and acknowledges that access, maintenance, repair and /or replacement may be required in said easements resulting in removal of the improvements; NOW, THEREFORE, in consideration of the foregoing and the City's consent and approval to the encroachment onto the drainage and utility easements, John & Kris Karnowski hereby agree to hold the City harmless and indemnify the City from any and all liabilities, and defend against lawsuits, expenses, damages, acts or failures to act, attorney's fees and court costs, which may arise as a result of John & Kris Karnowski or their successors in interest constructing and maintaining said improvements upon the utility easements of the City. Furthermore, the City not be held responsible for any damage to said improvements constructed on the City's easements if they are damaged or destroyed as a result of the City exercising its rights to access, excavate, repair, construct or maintain any public improvements within said easements. The City may require evidence of insurance from property owner to cover the indemnification required herein. IN WITNESS WHEREOF, the parties have hereunto set their hands this day of October, 2009. CITY OF ANDOVER, a Municipal Corporation By: Its: Deputy City Clerk By: Its: Mayor John Karnowski Kris Karnowski STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of October, 2009, before me, a notary public within and for said county, personally appeared for Michelle Hartner and Michael R. Gamache to me known to be respectively the Deputy City Clerk and Mayor of the City of Andover, and who executed the foregoing instrument and acknowledge that they executed the same on behalf of said City. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) On this day of October, 2009, before me, a notary public within and for said county, personally appeared for John & Kris Karnowski. Notary Public This instrument was drafted by: City of Andover 1685 Crosstown Blvd. NW Andover, MN 55304 This instrument is exempt from registration tax and recording fees under Section 386.77 of the Minnesota statutes. 4- TO: City of Andover 10-01-09 Request that a variance be granted to allow our 7' X 10' sheds remain in the locations they are presently positioned at. These sheds are made of a plastic Rubbermaid material. We have one of the sheds in the back left corner of the lot for approximately 5 years, without any concern from anyone and unaware of any easement requirements. Recently a second shed was added to the back right side of our lot which is primarily used as a storage shed for the children's toys used for our child care business in which my wife has been licensed for 15 years and has used this property for that purpose for the past 8 years. To avoid injuries, maximize the play area and to have the children visible and not able to be behind the sheds we placed them about 12 inches from the fence lines. These sheds are easily constructed and therefore easily disassembled if necessary to be re- positioned at a later date. They are also set back to avoid sprinkler heads and in general makes the area clean looking. Thanks in advance. John & Kris Karnowski, owners CAINE S11000— 1-t a ASSOCIATES Exhibit A LAND SURVEYORS, INC. '"�000� 17720 Highway 65 N.E. - Ham Lake, Minnesota 55304 434-7646 CERTIFICATE OF SURVEY FOR: Ashford Construction. DESCRIBED AS: Lot 7, Block 2, KENSINGTON ESTATES 3RD ADDITION, according to the recorded plat thereof, Anoka County, Minnesota. /4 'GARAGE FLOOR SHALE BE MINIMUM IBS, iABO`JE EXISTING STREET GRADE WITH MAXIMUM SLOPE OF 10 PERCEVJI vD L LANE EAST o N. -- �N^X /a /. S/ n'1 I J2.7 < v ( 107.5 ) /U'.tll 1 a NX Aw y ProposecY � 6.s. I y; v �. M1. . �.D x 90111 `7t L Verify all setba gairexeats aad proposed build g elevations ORLNNA6C & UTJLI iy I for ireteaaace rite ail � EASEMENT IS regaireieats before eoaatrntioa. - -J o HEREBY CERTIFY MAr THIS SURVEY, PLAN, OR REPORT wAS PRrA4RE0 BY me OR mveft MY DIRECT SUPERVISION AND rNAr I AN A -A /oz.,/ Denotes Existing Elevation DULY REGISTERED LAND SURVEYOR UNDER ( /aZ.Z) Denotes Proposed Elevation THE LAwS OF ME s ATE OF MINNESOTA. Denotes Direction of Proposed Surface Drainage ^ ,�f, SCALE: I INCN& 3O Prer. Proposed Top of Found. E1. - /Q3• L .0- rFAtO.�fL,& -V INCH IRON PIPE SET, r j OENOrL�ywroUNO IRON MONUMENT. Proposed Garage Floor El. - iot.9 BEAR /NOS SNOW* ARE ASSUMED. Proposed Bsmt. Floor El.- 9S rr Y t E) //vD t 77i1e& s� r - -� JOB m e9 7-,2 2F SEC, -Z l r 3.l R-2 i . . .. . .... am 0 «.,L- '. Awl,* "� X NOTICE OF REQUEST FOR EASEMENT ENCROACHMENT AGREEMENT CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA The City Council of the City of Andover will review a request at 7:00 p.m., or as soon thereafter as can be heard, on Tuesday, October 20, 2009 at Andover City Hall, 1685 Crosstown Blvd NW, Andover, to review and discuss the placement of two sheds drainage and utility easements, as indicated on the survey attached, and an Easement Encroachment Agreement for residential property at 2114 — 142nd Lane NW for John & Kris Karnowski described as: Lot 7, Block 2, Kensington Estates 3rd Addition, according to the recorded plat thereof, Anoka County, Minnesota. All written and verbal comments will be received at that time and location. A copy of the proposed application will be available for review prior to the meeting at City Hall. Please contact Angie Perera, Associate Planner with any questions at (763) 767 -5146. &11 gi , Associate Planner Notification date: October 6, 2009 Exhibit B > Q rn CD o 0 0 � � W UU omN yA- a� N E Wa 0 z �' ° Z ° <n z 8 Nil L w w L (A ca w a 0 J¢ ~¢ .� m ar N Q d 0 < d 3. a � /� S is o o 8 E ❑I `'J`- N N ca o z h g g p tAa o • � • O �A 'i 4-1 90�Z L�4Z 6Z�Z 4v�Z KOLLMANN DANIEL & BRANDY 2103 142ND AVE NW ANDOVER, MN 55304 -0000 C-% GREENWOOD JOHN A 2115 142ND AVE NW ANDOVER, MN 55304 -0000 CD MEN 9 Z 9 8Z Z -_ L 61 LINNGREN RICHARD & DIANE 2127 142ND AVE NW ANDOVER, MN 55304 -0000 JUNG STEVEN M KARNOWSKI JOHN J AGUIRRE ANNA 2126 142ND LN NW 2114 142ND LN NW 2102 142ND LN NW ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000 ANDOVER, MN 55304 -0000 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: CC: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Will Neumeister, Community Development Director w�- Courtney Bednarz, City Plann# Consider Submission of Application for Second Round of CDBG Funds - Planning October 20, 2009 INTRODUCTION Anoka County is offering a second round of CDBG funding for 2009. The city has an opportunity to submit an application for funding by October 30, 2009. DISCUSSION One of the issues affecting sales of both new and older entry level homes in Andover is an increase in the down payment requirements of lenders. Many potential homebuyers have difficulty accumulating what can be up to 20% of a home's sale price for a down payment. A down payment assistance program, similar to the one operated by ACCAP, may be able to help boost home sales and homeownership in Andover. Program Requirements The following requirements would have to be met due to the fact that the program would be operated with federal funds: The income cap for the homebuyer is 80% of the metropolitan median income based on household size, 2. There is a limit of 50% assistance for any down payment, including reasonable closing costs. It is important to note that qualifying homebuyers in Andover are eligible to participate in the down payment assistance program operated by ACCAP. However, only three home sales have utilized this program in the last seven years. The goal of a city sponsored program would be to increase that number. If interested, the Council may wish to consider additional terms for the program. The ACCAP program also includes the following: The assistance is a no- interest deferred loan with no payments due and forgives the loan after the sixth year. Repayment is required if the home is sold prior to the sixth year. • Completion of a homeowner education class is required. • Homebuyers cannot receive cash back at the closing. Due to the short time frame for this round of CDBG applications, the Council would need to approve an application for this program either at tonight's meeting or at the work session meeting on October 27a'. Please also keep in mind that it is not too early to begin discussing potential applications for the 2010 round of CDBG funding as they will likely be due at the end of January. ACTION REQUESTED The Council is asked to discuss the potential for a down payment assistance program in Andover. An approved resolution is a required element of the application. A resolution is attached for your review. Attachment Resolution R&sectf u ly subm itte , CBednarz CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Is A RESOLUTION AUTHORIZING APPLICATIONS FOR 2009 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO BE USED TO CONDUCT PROJECTS WITHIN THE CITY OF ANDOVER FOR THE BETTERMENT OF ANDOVER RESIDENTS WHEREAS, the City Council recognizes the need to use Community Development Block Grant funds for the betterment of Andover residents; and WHEREAS, the County of Anoka makes said funds available to the City through the United States Department of Housing and Urban Development, following guidelines established for the use of Community Development Block Grant funds; and WHEREAS, the City will be eligible to receive funds distributed by Anoka County to conduct projects for the residents of the City; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the 2009 Community Development Block Grant Project and Budget as follows: 2009 Authorized CDBG Applications with Request Amount 2009 Proiect Proposal Andover Down Payment Assistance Program $50,000 TOTAL $50,000 Adopted by the City Council of the City of Andover on this day of , 2009. CITY OF ANDOVER Michael R. Gamache, Mayor ATTEST: Michelle Hartner, Deputy City Clerk ! ,NDOVEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Schedule October EDA meeting September 15, 2009 INTRODUCTION The Council is requested to schedule an Economic Development Authority (EDA) meeting at 6:00 pm before the November 4, 2009 City Council meeting. DISCUSSION Tentative agenda items for a November EDA meeting have been identified as follows: 1. Progress Report — Parkside at Andover Station North Negotiations 2. Purchase Agreement/Letter of Intent/Progress Review 3. Andover Station Marketing/Maintenance Discussion 4. 2010 EDA Budget Review 5. Other Business Other items may be added upon request, or the meeting will be cancelled if no new information comes forward on the identified agenda items. ACTION REQUIRED Schedule an EDA meeting at 6:00 pm before the November 4, 2009 City Council meeting. 13. 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: FROM: SUBJECT: DATE: Mayor and Council Members Jim Dickinson, City Administrator Schedule November Council Workshop October 20, 2009 INTRODUCTION The Council is requested to schedule a Council Workshop for the month of November for a number of miscellaneous business items. DISCUSSION Potential agenda items for a general November workshop have been identified as follows: 1. Council Goal Discussion — (Continued) 2. 2010 General Fund Budget Development Progress Report 3. 2010 Tax Levy Discussion/Public Hearing Preview 4. Special Revenue, Capital Projects, Debt Service, Internal Service and Enterprise Funds - 2010 Proposed Budget Presentation 5. Continued Discussion on Alternative Energy Options 6. Single Family Residential Market Value Preservation Program Progress Report 7. City Administrator Review (See attached memo from Human Resources) Other items may be added upon Council request. ACTION REQUIRED Schedule a November Council workshop, a suggested date is November 24"' at 6:00 pm or another date and time acceptable to the Council. submitted, C I I' Y 0 ' 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: James Dickinson, City Administrator FROM: Dana Peitso, Human Resources Manager SUBJECT: Schedule City Administrator's Review DATE: October 20, 2009 INTRODUCTION The City Council is requested to schedule a date to discuss the 2009 performance of City Administrator James Dickinson. DISCUSSION All employees are required to have an annual review. The City Councilmembers are requested to evaluate Mr. Dickinson in the areas of Council relations, fiscal management, personnel, supervision, leadership, intergovernmental relations and community relations. Attached are the forms that has been used for the previous 2 years ACTION REQUESTED Council is requested to schedule a date to discuss the 2009 performance of City Administrator James Dickinson. Respectfully submitted, Dana Peitso on v C C ea c 8 ^ v, W 096 h C .n O C ^ w a �a W a ci b o w o U •a � O o � ts� F W v� W u U Ow U a1 C 0 a w C O C h N W a w O U � Cd a w o � � N w a ++ a a ci b o w o U •a � O o � ts� F W v� W u U Ow U a1 H z O U w O a w p U ++ �. w .d -o O L+ . •d Cd oq U 0 y � U • � h y � •� U H z O U OA U G C C� C � � VJ W � y O a. c o y � W a W h ry+ � d Y! W C � y v aA o c R as c 3 �o c O 0 a a z 0 U w 0 a� N � c p O vi N U � _p a O O Cd O zs 'n,, C a C4 o O 3 as O O OU N cqs cO U z 0 U z O U w 0 a� N O p O vi N U � _p a O O 'n,, C a C4 o O z O U bD U C E ,f) Vi W Oa y Z wow W y G y y � � z �,r Yt w Qn A F�1 U o C 0. `/ as J 3 �o a D rA O E� W� a U O U w z O U w Al U a� Y U •� U N � 0 o 0 a O .o o c� > 3 CZ .o on as °O �U o U b y a�i a? b U •� '" � O o an r' 7 O `gib a > b N d o a ti •d °" Y o pn �+ Ss O 3 U v O O o x G U U z O U w O d 14 F 661 z E-4 � O O Al U a� Y U •� o O c� > 3 > on °O �U U b C c l U O o an r' 7 O in b N d cd �d ti •d O d 14 F 661 z E-4 � O O HI O U Y U .ii O c� > oe°n �U U c l U U ° O O in b N d Q O y U •F+ y H > Lad x G U U HI O U b10 u c c ca :r c D y O a+ y a h � W a W c 0 a W c o � G. A E o c w � � �a O c 3 0,-, jo o c A O a a x d z 0 U 3 C O i. a E as c 0 8 w O b 3Ix 0 •14 o o O O 'd G CA as y N y� on CL Lv a� '" cull c c o ° -° U :cn ti n y ' U3 d z 0 U 3 C O i. a E as c 0 8 w O b 3Ix 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report October 20, 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. submitted, f I j ?C I T Y 0 F 0900 CN 1 1 WE I' DATE October 20, 2009 ITEMS GIVEN TO THE CITY COUNCIL ➢ September Fire Department Calls ➢ September Building Report ➢ 2010 -2014 Capital Improvement Plan PLEASE ADDRESS THESE ITEMS AT THIS MEETING OR PUT THEM ON THE NEXT AGENDA. THANK YOU. GASTAFRRHONDAAWGENMCC LIST.doc ANDOVER VOLUNTEER FIRE DEPARTMENT TOTAL CALLS FOR THE MONTH OF SEPTEMBER 2009 MTH YID COUNTY # INC.# 704 06015961 1— 706 09016626 707 09016689 708 09015691 709 09016699 710 09016812 711 09016831 712 09016848 713 09016873 714 09076921 715 09016924 716 09016970 717 09017008 779 09017022 719 720 721 722 723 724 725 726 727 729 729 730 731 732 733 734 735 736 737 8/22 09017036 09017041 09017043 09017046 09017078 09077112 09017140 09017144 09017217 09017284 09017298 09017302 09017303 09017358 09017390 09017436 09017442 09017508 09017526 09017543 09017570 09017616 09017623 09017632 09017664 09017670 09017697 09017716 09017753 09017766 09017772 09017799 09017844 09017856 09017864 09017890 09017898 09017912 09018034 09018056 09018088 09018709 09018134 09018153 09018203 09018204 09018231 09018258 09018279 09018302 09078320 09018348 09018356 09018359 09078361 09018370 09018372 09018375 09018420 09018445 09018469 09018570 CALL DAY TIME 18:20 1 1 2 2 10:20 2 12:25 4 4 4 13:49 4 5 5 6 7 7 7 7 7 7 8 8 9 9 10 11 11 11 11 12 12 13 13 14 14 15 15 16 16 i6 i6 16 17 17 17 18 18 18 19 19 19 20 20 20. 22 22 23 23 23 24 24 24 24 24 25 26 2s 26 27 27 27 27 27 27 28 28 29 30 RESP TIME 18:22 0:15 741 9:37 10:22 12:26 1:33 8:09 20:44 18:55 19:59 13:01 03:72 09:21 14:16 15:14 15:29 16:57 07:12 17:22 8:22 9:04 9:08 7:57 11:49 13:24 13:32 11:55 22:38 14:47 15:30 13:17 18:12 2:31 11:51 0:23 7:27 9:30 17:27 18:09 7:31 14:15 22:10 06:33 09:41 18:55 16:35 19:58 22:11 10:30 13:54 17:45 12:54 17:59 09:21 14:55 20:47 04:53 17:37 17:48 23:46 13:25 20:51 10:16 14:53 23:02 01:04 05:04 05:34 77:33 12:34 13:50 07:45 15:19 01:18 11:25 SCENE 0:16 7:48 9:40 1:38 8:12 13:51 20:50 18:57 20:02 13:05 03:15 09:22 14:19 15:16 75:30 16:56 07:20 17:26 08:24 09:06 09:10 08:00 11:51 13:25 73:42 11:57 22:44 14:53 15:32 13:20 18:16 02:35 11:55 00:27 07:32 09:32 17:27 18:09 07:35 14:16 22:12 06:39 09:44 18:58 16:38 20:01 22:12 10:32 1357 17:46 12:59 18:01 09:22 14:59 20:47 04:51 17:41 17:51 2352 1331 20:58 10:19 74:55 23:04 01:10 CANC 06:00 17:36 12:36 13:53 07:47 15:22 01:23 11:28 FIRE] TIME EMS 18:27 EMS 020 07:51 09:42 FIRE/ 10:26 FIRE/ 12:29 FIRE/ CANC 08:16 13:54 CANC 18:59 CANC 13:09 03:19 09:26 14:22 15:19 15:33 17:01 07:25 CANC 08:30 09:08 09:17 08:10 11:53 13:32 CANC 12:01 22:47 CANC 15:38 13:23 CANC 02:39 12:00 00:34 07:38 09:37 CANC 78:09 CANC 14:31 22:17 06:45 09:50 19:01 16:41 20:05 22:18 10:37 CAN C 1753 13:04 18:06 09:25 15:02 20:50 05:03 17:45 17:55 23:55 CANC CANC CANC 1459 23:09 CANC CAN C 06:57 11:41 12:39 14:00 0750 15:28 01:25 11:34 SHIFTI EMS EMS EMS EMS EMS EMS EMS FIRE/ EMS EMS EMS EMS FIRE/ EMS EMS EMS EMS EMS EMS EMS FIRE/ EMS EMS FIRE/ EMS EMS EMS EMS EMS EMS EMS EMS EMS EMS FIRE/ EMS FIRE/ EMS EMS FIRE/ EMS EMS EMS EMS FIRE/ EMS EMS EMS EMS EMS FIRPJ FIRE/ EMS FIRE/ EMS EMS EMS EMS FIRE/ EMS EMS EMS EMS EMS EMS EMS EMS EMS EMS EMS FIRE/ EMS EMS it REASON WN I CONGESTIVE N 1140YOFSEVEREABDPAIN D 1181 D FIRE D 172 D AFIRE N 1120 • IIMEDICAL • 1 WN 125YO WN 157 WN WD 171 WN D D I D D D D N D D D D D I D D WD 127 WN WD WD D N N 1124 D 1 N D D N N D D N D D WN WO WN WN WD WD WN D N D D N N N N N D WN WD WD WN WD WD WD WD WD WD I D D N D # PRIMARY RESP g HEART FAILURE 4 YOF HAVING TROUBLE BREATHING S ALARM 7 YOM MULTIPLE MEDICAL ISSUES 2 ALARM YO ASSAULTED /CANCELLED BY DEPUN 9 IN VEHICLE 16 78YOF POSSIBLE STROKE F CALLER HAD KNEE SURGERY 3 YOM STABBED HIMSELF IN THE STOMACH � POSSIBLE SMOKE FROM EMPTY 4 YOM FELL OFF LADDER 50 YOM POSSIBLE HEART 9 4 YDM DIFFICULN BREATHING t2 MEDICAL ALARM 22 SUNKEN BOAT ON LAKE 17 DIFFICULTY BREATHING 56 YOM WITH MS LETHARGIC.VOMITING DIFFICULTY BREATHING OF FAINTED 4 70 Y 8 ii YOM W /HEAD INJURY FROM FALLING OLDER MALE W /CHEST PAINS IN LOBBY ifi 61 YOM WITH NUMBNESSIN HAND COIL IN OVEN ON FIREIOVEN OFF /NEEDS CHECKEC 8 INFANT FELL OUT OF CART IN STORE /HIT HEAD 2 60 YOF CHEST PAIN /DIFFICULTY BREATHING 8 FIRE ALARM /CANCELLED 6 OF DIFFICULTY BREATHING 73 YOM WITH SEVERE PAIN IN BOTH LEGS 5 POSSIBLE HEART /CANCELLED 8 POSSIBLE PI /AIRBAGS DEPLOYED ADULT MALE HEART PTIDIFFICULTY BREATHING 6 MEDICAL IN VEHICLE 7 YOF DIFFICULTY BREATHING 7 CK WELFARE OF SUICIDAL FEMALE 1147 YDF WNIRUS FEELS SHE MAY PASS OUT 6 1147 YOF DIFFICULTY BREATHING IIELECTRICAL BURNING SMELL FROM CEILING FAN 20 135YOMW /PANCREATICCANCER/DIFF BREATHING 2 ILLEGAL BURN 8 11MOTOR VEHICLE ACCIDENT /CANCELLED 11 I ABDOMINAL PAINS 2 II FIRE ALARM /FALSE 5 191 YOF PT /POSSIBLE HIP FRACTURE 6 POSSIBLE CLOT /SHOULDER PAIN 6 128 YOM EMPLOYEE PASSED OUT 8 78 YOF FELUPAIN IN HER LEG 6 SMELLS NATURAL GAS 58 YOF MS PATIENTNERY NAUSEOUS 5 113 VOM ASTHMA ATTACK 6 IIMEDICAL IN JEEP /CANCELLED 1162 YOM WITH PACEMAKER /CHEST PAIN 9 1196 YOF FELUHIP PAIN 9 IITRUCK FIRE 6 ';!FIRE ALARM 15 i90 YOF DISORIENTED 9 FIREALARM 8 1SEVERE HEADACHE /FLU 7 I MALE WITH HEAD INJURY 8 1170YOF PASSED OUT i172YOMPOSSIBLE HEART /CHESTPAIN 1 IIFALSEALARM q 62 YOM SEIZURE 7 16 YOM COLLAR BONE INJURY 6 74 YOF CHEST PAINS 7 5YOF HISTORY OF SEIZURES 6 SUICIDAL FEM 16Y0 /DRANK BLEACH 6 86YOF /BACK PAIN g9YOF W /DEMENTIA SEARCH /MUTUAL AID RAMSEY 6 42 YOF W /POSSIBLE BROKEN ANKLE ;0 MAN ATTACKED BY A PIT BALL 9 PAN ATTACKED 6 POSS PI /CLEAN -UP 12 POSSIBLE CO PROBLEM 49 YOF CANCER PT WITH KIDNEY PAIN 6 3YO INGESTED PAIN RELIEVING CREAM 11 STATION CALLS 2 1 3 3 ALL # 1 2 3 4 5 6 7 g g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 X DO X 3 DO ; i X X 2 3 2 g 3 1 1 ; 1 3 3 X X X X X X X 3 i X X i X 3 ; 2 ; 2 1 1 X X 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 738 739 740 741 742 743 744 745 745 747 748 749 750 751 752 753 754 755 756 757 758 759 760 X X 2 3 1 X X DO DO 1 2 1 X X 1 2 3 3 1 X 2 1 1 X 1 2 3 1 2 58 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 59 60 61 62 63 64 65 s6 67 68 69 70 71 72 73 DO 3 2 2 3 3 2 X ; 2 3 1 1 3 X X X 74 75 76 777 7778 79 780 77 579 10!1212009 CITY OF ANDOVER 2009 Monthl Buildin Re ort TO: Mayor and City Council FROM: Don Olson SEPTEMBER BUILDING PERMITS Permit/Plan Tax Total Valuation 5 Residential $ 8,610.07 $ 358.50 $ 8,968.57 $ 717,000.00 Single Family 3 5,873.69 240.50 6,114.19 481,000.00 Septic I - - - - Townhome 2 2,736.38 118.00 2,854.38 236,000.00 5 Additions 4,208.08 103.45 4,311.53 206,900.00 2 Garages 1,315.38 26.10 1,341.48 52,200.00 3 Basement Finishes 300.00 1.50 301.50 - I Commercial Building 3,228.97 135.81 3,364.78 271,620.00 1 Pole B1dgsBams 370.67 6.55 377.22 13,100.00 1 Sheds 144.29 1.65 145.94 3,300.00 Swimming Pools - - - - Chimney /Stove/Fireplace - - - 3 Structural Changes 502.06 11.22 513.28 21,940.00 2 Porches 424.87 6.25 431.12 12,500.00 6 Decks 542.90 6.50 549.40 13,000.00 Gazebos - - - - 1 Repair Fire Damage 713.75 30.00 743.75 60,000.00 28 Re -Roof 2,100.00 14.00 2,114.00 - 16 Siding 1,200.00 8.00 1,208.00 Other - - - 2 Commercial Plumbing 767.61 14.72 782.33 29,439.00 2 Commercial Heating 177.95 2.45 180.40 4,894.00 Commercial Fire Sprinkler - - 1 Commercial Utilities 144.29 1.60 145.89 3,208.00 ] Commercial Grading 384.53 6.85 391.38 13,696.00 80 Total Building Permits $ 25,135.42 $ 735.15 $ 25,870.57 $ 1,422,797.00 PERMITS Permit/Plan Tax Total Fees Collected 80 Building Permits $ 25,135.42 $ 735.15 $ 25,870.57 Ag Building - - - - Curb Cut - - - 1 Demolition 100.00 100.00 - Fire Permits - - - Footing - - Renewal - - - Moving - - 31 Heating 2,460.00 15.50 2,475.50 7 Gas Fireplaces 600.00 3.50 603.50 48 Plumbing 3,015.00 24.00 3,039.00 106 Pumping 1,590.00 - 1,590.00 - Septic New F - - - 5 Septic Repair 375.00 2.50 377.50 5 Sewer Hook -Up 125.00 125.00 5 Water Meter 250.00 250.00 Sewer Change Over/Repair - Water Change Over /Repair - - 5 Sac Retainage Fee 100.00 - 100.00 5 Sewer Admin. Fee 75.00 - 75.00 5 Certificate of Occupancy 50.00 - 50.00 5 License Verification Fee 25.00 - 25.00 - Reinspection Fee i - - - 14 Contractor License 1 700.00 - 700.00 30 Rental License - Single 1,500.00 - 1,500.00 - Rental License - Multi - - - Health Authority - - - 352 TOTALS $ 36,100.42 $ 780.65 $ 36,881.07 $ 1,422,797.00 Total Number of Homes YTD 2009 34 Total Number of Homes YTD 2008 35 Total Valuation YTD 2009 $ 9,419,606.00 Total Valuation YTDI 1 2008 $ 33,685,550.02 Total Building Department Revenue YTD 2009 $ 234,632.22 Total Building Department Revenue YTD 2008 $ 506,542.14