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HomeMy WebLinkAboutCC - February 3, 2010 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US Regular City Council Meeting - Wednesday, February 3, 2010 Call to Order -7:00 porn, Pledge of Allegiance Presentation - Andover Athletic Association Resident Forum Agenda Approval 1. Approval of Minutes (1/12/10 P&Z and Open Space Interviews, 1/19/10 Regular) Consent Items 2. Approve Payment of Claims - Finance 3. Consider Approval Application for Exempt PermitINorth Suburban Women's Club -Administration 4. Approve Resolution Accepting Donation! AAA/Sunshine Park/Scoreboards for Ball Fields/1 0-11 - Engineering 5. Award Bid/09-1 0/20 I 0 Tree Removal Contractor - Engineering Discussion Items 6, NPDES (National Pollutant Discharge Elimination System) Presentation & Public Meeting/1O-1 - Engineering 70 A ward Bond Sale for Open Space and Refunding Bonds - Administration 8. Consider Conditional Use Permit/Hidden Creek North Park/Clear Wireless LLC - Planning 9. Consider Conditional Use PermitIRose Park/Clear Wireless LLC -Planning 100 Consider Conditional Use Permit/17l7 Crosstown Boulevard NW/Clear Wireless LLC - Planning Staff Items II. Schedule Local Board of Appeal & Equalization Meeting - Administration 12. Administrator's Report - Administration Mayor/Council Input Closed Session - Update on Union Negotiations Adjournment @ 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: February 3, 2010 INTRODUCTION The following minutes were provided by TimeSaver and Stafffor City Council approval: January 12,2010 P&Z and Open Space Commission Interviews January 19,2010 Regular Meeting DISCUSSION The minutes are attached for your review. ACTION REQUIRED The City Council is requested to approve the above minutes. Respectfully submitted, Michelle Hartner Deputy City Clerk Attach: Minutes J 1 2 3 4 5 6 ANDOVER PLANNING & ZONING & OPEN SPACE COMMISSION INTERVIEWS 7 JANUARY 12,2010 8 MINUTES 9 10 11 The Andover Planning & Zoning and Open Space Commission Interviews was called to order by 12 Mayor Mike Gamache, January 12, 2010, 6:30 p,m" at the Andover City Hall, 1685 Crosstown 13 Boulevard NW, Andover, Minnesota, 14 IS CounciImembers present: Sheri BukkiIa, Don Jacobson, Mike Knight, Julie Trude 16 Councilmember absent: None 17 Also present: City Administrator, Jim Dickinson 18 19 20 21 Dennis Cleveland - Planning and Zoning Commission 22 23 Mr. Cleveland explained to the Council why he would like to be on the Planning & Zoning 24 Commission again, 25 26 Councilmember Knight asked when the Planning & Zoning Commission sends an item to Council 27 and the Council does not see it the way the Commission does, does he see problems in that. Mr, 28 Cleveland stated no, He thinks of it as an on going discussion, starting with the Commission and 29 moves on to the Council. 30 31 Councilmember Jacobson asked what can the Council do to improve how the Planning & Zoning 32 Commission works, Mr, Cleveland indicated it would be helpful for both sides to communicate 33 better, Having a joint meeting once a year would improve the communication, 34 35 Mayor Gamache stated he would like Mr, Cleveland's thoughts about Andover moving forward. Mr, 36 Cleveland feels the rural nature area is changing, Development is going to happen and he welcomes 37 that. 38 39 Councilmember Trude asked what his thoughts are regarding rural areas verses urban areas. Mr, 40 Cleveland stated rural areas will change and the only thing that is constant in the City is change. The 41 commission guides those ways of change. 42 43 Councilmember BukkiIa asked of the proj ects that he had to review this last year which was the most 44 difficult and how did he feel if the decision did not go his way. Mr, Cleveland indicated he is not 45 concerned about the issue going his way; he is more concerned with being heard, He is interested in 46 the public hearing input, which mayor may not change his decision, Andover City Council Interviews for Planning & Zoning and Open Space Commission Openings Minutes - January 12, 2010 Page 2 1 The Council thanked Mr, Cleveland for his three years of service on the Planning & Zoning 2 Commission. 3 4 Doug Falk - Planning and Zoning Commission 5 6 Mr, FaIk explained to the Council why he would like to be on the Planning & Zoning Commission 7 agam, 8 9 CounciImember Knight asked what Mr, Falk sees ahead for Andover, Mr. Falk indicated he does not 10 see anything, the economy is sour. Councilmember Knight asked ifhe is satisfied with the way the 11 Commission functions. Mr, Falk indicated that is one of the questions he has for the Council. 12 13 CounciImember Jacobson indicated the economy is down, what issues could the City face in the next 14 few years, Mr, FaIk stated the City will face financial issues especially with the housing market 15 going down. Councilmember Jacobson asked if the Commission is doing an adequate job with 16 planning, Mr, Falk stated city staff does a great job providing the information, but he feels at times 17 when the information is given to him that the job of the Commission is half done, He would like to 18 have more input on the entire process, 19 20 Mr, Falk asked the Council how they feel the Commission is doing, Councilmember Jacobson stated 21 on the zoning the Commission is doing a great job, he feels on the planning side the Council should 22 be soliciting ideas from the Commission. CounciImember Trude suggested having ajoint meeting. 23 Councilmember Knight stated he values what the Commission has to say on the issues, Mayor 24 Gamache feels the Commission is very valuable. 25 26 CounciImember Bukkila asked over the year on what issues did he weigh in on the most and why, 27 Mr, Falk indicated one issue would be the vehicle ordinance, He feels the ordinance is very vague, 28 29 The Council thanked Mr, Falk for his three years of service on the Planning and Zoning 30 Commission, 31 32 Bruce Perry - Open Space Commission 33 34 Mr. Perry explained to the Council why he would like to be on the Open Space Commission again. 35 36 CounciImember Jacobson indicated the process for the Open Space Commission to purchase a parcel 37 was a long, slow process what can be done to speed it up, Mr, Perry stated the Commission now has 38 the education with the process and the next purchase should go quicker, 39 40 Mayor Gamache asked if he sees the Commission moving forward towards a second referendum, 41 Mr, Perry stated that is probably something the Commission should be looking at. . 42 43 Councilmember Trude asked if the Commission is looking at applying for grants, Mr, Perry Andover City Council Interviews for Planning & Zoning and Open Space Commission Openings Minutes - January 12, 2010 Page 3 1 indicated it is too late to apply for grants this year, They will be preparing this year for the 2011 2 grant deadline, 3 4 Councilmember Bukkila wanted to know ifMr, Perry is not appointed to the Commission what they 5 would be losing, Mr. Perry stated his two years of experience is a big asset to the Commission, 6 7 CounciImember Knight wanted to know ifhe has any ideas on how the process could be improved, 8 Mr, Perry stated more communication between the Council and Commission would be very helpful. 9 10 The Council thanked Mr. Perry for his two and a half years of service on the Open Space 11 Commission, 12 13 Eric Myers - Planning and Zoning Commission 14 15 Mr. Myers explained to the Council why he would like to be on the Planning & Zoning Commission, 16 17 Councilmember Knight asked if Mr, Myers is familiar with what the Planning & Zoning 18 Commission does, Mr, Myers stated they deal ordinances, setbacks and neighborhood issues, 19 20 Councilmember Jacobson asked him ifhe felt strongly on an issue how would he prove his point of 21 view, Mr. Myers stated he tries to be a solution thinker, so he listens to both sides, He indicated he 22 would follow the ordinances and use sound judgment. 23 24 CounciImember Trude asked how he sees the City and as we plan for the future does he see anything 25 that is missing, Mr. Myers stated he feels the City has been smart in its growth plan from the 26 business prospective. He does not see any problems with the residential part of the City, 27 28 CounciImember Bukkila asked what his experience is with ordinances, Mr. Myers indicated in his 29 professional work he has drafted out codes and ordinances, He is familiar with how codes are laid 30 out. 31 32 Mayor Gamache indicated recently the City passed a single-family rental ordinance what are his 33 thoughts on how that is working, Mr, Myers felt the City did a good job on the ordinance. He 34 believes after a period of correction the rentals will be going back to single-family neighborhoods, 35 36 The Council thanked Mr, Myers for his interest in wanting to serve on the Planning & Zoning 37 Commission, 38 39 Michael Mueller - Open Space Commission 40 41 Mr, Mueller explained to the Council why he would like to be on the Open Space Commission. 42 43 Councilmember Knight asked how he feels the Commission is moving along on purchasing property, Andover City Council Interviewsfor Planning & Zoning and Open Space Commission Openings Minutes - January 12, 2010 Page 4 1 Mr, Mueller feels the process moved very slowly, 2 3 Councilmember Jacobson asked Mr, Mueller how he would define open space, Mr, Mueller 4 indicated it is a parcel ofIand that does not have a building on it. Councilmember Jacobson asked 5 what other ways could land be preserved, Mr, Mueller stated there are conservation trusts and 6 leasing property to farmers. 7 8 Mayor Gamache asked for his thoughts on a second open space referendum, Mr, Mueller thinks the 9 questions to the voters would need to be fine tuned, 10 11 CounciImember Trude asked what ideas he has to get a parcel purchased in less then two years, Mr, 12 Mueller stated it is important to have communication with property owners that are willing to 13 preserve their land, 14 15 CounciImember Bukkila wanted to know his reaction to the parcel that was purchased, Mr. Mueller 16 thought the Commission was looking at smaller parcels throughout the City not a 38 acre parcel. 17 18 The Council thanked Mr. Mueller for his interest in wanting to serve on the Open Space 19 Commission, 20 21 Lynae Gudmundson - Planning and Zoning Commission 22 23 Ms, Gudmundson explained to the Council why she would like to be on the Planning & Zoning 24 Commission, 25 26 CounciImember Knight asked if she is familiar with the basic functions of the Planning & Zoning 27 Commission. Ms, Gudmundson indicated the commission reviews growth plans for the City and 28 gives Council their recommendation, 29 30 CounciImember Jacobson indicated some issues the Commission deals with can get emotional for 31 residents, has she dealt with emotional issues in her work environment. Ms, Gudmundson stated she 32 has a lot of experience in that area. She handles real estate appraising and deals with homeowners 33 that have a strong opinion of what their home is worth and lenders who also have an idea of what 34 that house is worth, 35 36 Mayor Gamache wanted to know her feelings on restrictions in rural areas, Ms, Gudmundson stated 37 the City needs to develop and grow, She indicated that restrictions do not bother her; she wants 38 properties to look good and for growth to develop in an orderly fashion, 39 40 Councilmember Trude asked if how properties look affect their value. Ms, Gudmundson indicated 41 ascetics and appeal do affect the value of a property, She believes there needs to ordinances and the 42 bottom line is preserving the housing values. 43 Andover City Council Interviews for Planning & Zoning and Open Space Commission Openings Minutes - January 12, 2010 Page 5 1 Councilmember Bukkila asked what her threshold is on commercial vehicles in the driveway. Ms, 2 Gudmundson stated to her that is a vehicle that someone drives and it should not matter if there are 3 words on the side, She indicated she would have more of an issue with a 36 foot RV sitting in the 4 drive way all summer long then a commercial vehicle. 5 6 The Council thanked Ms, Gudmundson for her interest to serve on the Planning & Zoning 7 Commission, 8 9 Kim Kovich - Open Space Commission 10 11 Mr. Kovich explained to the Council why he would like to be on the Open Space Commission again, 12 13 Councilmember Knight asked if Mr, Kovich is satisfied with the process of the Open Space 14 Commission, Mr, Kovich indicated the Commission had numerous properties to evaluate and the 15 process was slow but they wanted to make sure they did things right especially with their first 16 purchase. 17 18 Councilmember Jacobson asked if it is time to look at another bond referendum, Mr, Kovich 19 indicated not yet. Councilmember Jacobson stated the parcel that has been purchased is large, what 20 are his thoughts on looking at smaller parcels, Mr, Kovich indicated when you are looking at natural 21 resources the parcel has to be large enough to function by it's self, 22 23 Mayor Gamache asked ifthe Commission would consider looking at smaller parcels in urban areas. 24 Mr, Kovich indicated the criteria for parcel consideration has been set and part of the criteria is based 25 on SIze, 26 27 Councilmember Trude wanted to know if another meeting with the Council would be helpful. Mr. 28 Kovich indicated it would be helpful but later this spring when they have more information on the 29 parcels that are being considered to purchase, 30 31 Councilmember BukkiIa asked about the accessibility on the parcel that has been purchased, Mr, 32 Kovich stated access is on the west side of the parcel and the thought is in the future the access will 33 get better. 34 35 The Council thanked Mr, Kovich for his two and a half years of service on the Open Space 36 Commission. 37 38 The Council discussed the candidates for both the Planning & Zoning Commission and Open Space 39 Commission and made a decision, 40 41 Motion by Knight, Seconded by Jacobson, to appoint Bruce Perry and Kim Kovich to the Open 42 Space Commission, Motion carried unanimously, 43 Andover City Council Interviews for Planning & Zoning and Open Space Commission Openings Minutes - January 12, 2010 Page 6 I Motion by Jacobson, Seconded by Trude, to appoint Dennis Cleveland to the Planning & Zoning 2 Commission. Motion carried unanimously, 3 4 Motion by Jacobson, Seconded by Trude, to appoint Michael Mueller as first alternate to the Open 5 Space Commission, Motion carried unanimously, 6 7 Motion by Trude, Seconded by Bukkila, to appoint Lynae Gudmundson to the Planning & Zoning 8 Commission, Motion failed 2 ayes (Trude, Bukkila) and 3 nays (Jacobson, Knight, Gamache), 9 10 The Council discussed the candidates, Doug Falk, Lynae Gudmundson and Eric Myers, 11 12 Motion by Trude, Seconded by Gamache, to appoint Lynae Gudmundson to the Planning and Zoning 13 Commission. Motion carried unanimously, 14 15 Motion by Trude, Seconded by Jacobson, to appoint Doug FaIk as first alternate to the Planning & 16 Zoning Commission. Motion carried unanimously. 17 18 Motion by Jacobson, Seconded by Bukkila, to appoint Eric Myers as second alternate to the Planning 19 & Zoning Commission. Motion carried unanimously, 20 21 Motion by Bukkila, Seconded by Gamache, to adjourn, Motion carried unanimously, The meeting 22 adjourned at 8:41p.m, 23 24 Respectfully submitted, 25 26 Michelle Hartner, Recording Secretary 27 1 2 3 4 5 6 REGULAR ANDOVER CITY COUNCIL MEETING-JANUARY 19,2010 7 MINUTES 8 9 10 The Regular Bi-MonthIy Meeting of the Andover City Council was called to order by Mayor Mike 11 Gamache, January 19,2010,7:00 p,m" at the Andover City Hall, 1685 Crosstown Boulevard NW, 12 Andover, Minnesota, 13 14 CounciImembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude 15 CounciImember absent: None 16 Also present: City Attorney, Scott Baumgartner 17 Director of Public WorkslCity Engineer, Dave Berkowitz 18 City Administrator, Jim Dickinson 19 City Planner, Courtney Bednarz 20 Others 21 22 23 PLEDGE OF ALLEGIANCE 24 25 26 BADGE PRESENTATION - FIRE DEPARTMENT 27 28 Fire Chief Winkel presented badges to four fire fighters. He introduced the fire fighters to the 29 Council and audience. 30 31 Councilmember Jacobson stated he had a great deal of admiration for the Fire Department and 32 thought they had the toughest job, He thought they really did a service for this City and he 33 appreciated it. 34 35 Councilmember Knight stated their Fire Department is higWy regarded by other groups and he Is 36 glad they have them. 37 38 CounciImember Trude stated it is interesting to see some of the training they have to go through 39 in order to be a Fire Fighter, She appreciated seeing them on National Night Out and the kids 40 enjoyed them coming out also, She wanted to thank the families for all of the time they have 41 committed to the Community. 42 43 Chief Winkel provided a brief 2009 report to the Council. 44 45 46 RESIDENT FORUM 47 48 No one wished to address the Council. Regular Andover City Council Meeting Minutes -January 19,2010 Page 2 1 AGENDA APPROVAL 2 3 Councilmember J aco bson asked to remove item 6 from the agenda and put it on the January 26, 2010 4 Worksession Agenda. 5 6 Motion by Jacobson, Seconded by Knight, to approve the Agenda as amended above, Motion 7 carried unanimously, 8 9 10 APPROVAL OF MINUTES 11 12 January 15, 2010, Regular Meeting: Correct as amended, 13 14 CounciImember Jacobson stated on page 3, line 37, the word "previous" should be added before 15 motion. Page4, line 21, should indicate "2 fire hydrants," 16 17 Motion by Jacobson, Seconded by Knight, to approve the minutes as indicated above, Motion 18 carried unanimously. 19 20 January 5, 2010, Closed Session Meeting: Correct as amended, 21 22 Councilmember Jacobson stated on page 1, line 38 insert "he" before "knows." 23 24 Motion by Trude, Seconded by Jacobson, to approve the minutes as indicated above, Motion carried 25 unanimously, 26 27 28 CONSENT ITEMS 29 30 Item 2 Approval of Claims 31 Item 3 Approve Anoka County Fire Mutual Aid Agreement 32 Item 4 Rescind Res, No. 048-09/09-22/Bunker Lake Boulevard NW Frontage RoadslJay 33 Street Realigmnent 34 Item 5 Accept Amended Feasibility Report/Waive Public HearinglOrder Plans & 35 Specs/09-22/Bunker Lake Blvd, NW Frontage Road/Jay Street Realigmnent (See 36 Resolution R006-1 0) 37 Item 7 Recycling Agreement with Anoka County and the City of Andover 38 Item 8 Approve Application for Exempt PermitJRum River Chapter of Minnesota Deer 39 Hunters 40 Item 9 Approve 2010 Kennel License 41 Item 10 Approve Debt Service Payments 42 Item 11 Appoint Planning & Zoning Commission and Open Space Advisory 43 Commissioners 44 Regular Andover City Council Meeting Minutes - January 19, 2010 Page 3 1 Motion by Jacobson, Seconded by Knight, approval of the Consent Agenda as read, Motion carried 2 unanimously, 3 4 5 ANOKA COUNTY SHERIFF'S DEPARMENT MONTHLY REPORT 6 7 Captain Wells updated the Council on the December Monthly Sheriffs Department Report, 8 9 10 HOLD PUBLIC HEARING/ORDER PLANS & SPECS/IO-2/2010 STREET 11 RECONSTRUCTION 12 13 The City Council is requested to hold a public hearing at 7:00 p,m. for Project 10-02, 2010 Street 14 Reconstruction, 15 16 Mr, Berkowitz reviewed the project with the Council. 17 18 Mayor Gamache asked how this would work for the residents, would they need to contact City Hall 19 indicating what they wanted, Mr. Berkowitz stated before construction starts they will send out a 20 letter telling them what to mark on their property along with the contractor's phone number. 21 22 Mr, Berkowitz stated once a contractor is chosen they will work with them to see if they would want 23 to do driveway reconstruction while in the area, This would need to be worked out between the 24 resident and the contractor, The City would not be involved, They will also let the homeowner 25 know where the mail boxes will be and how they can be accessed. 26 27 CounciImember Jacobson asked if the four comments received from the November meeting were 28 indicating they are not in favor of the road reconstruction, Mr, Berkowitz stated he did not want to 29 speak for the residents but it is his understanding that the majority of the residents in the 30 neighborhood felt it is time to reconstruct the road, 31 32 Motion by Jacobson, Seconded by Knight, to open the public hearing. Motion carried unanimously, 33 34 Mr, Patrick Ayers, 17132 Swallow StreetNW, stated his concern is dealing with the watershed, He 35 stated when he talked to Mr, Law last week he called about extra drainage needed from Uplander, 36 The suggestion was to dig a trench from 170tb and Uplander across his neighbors and come across 37 the south side of the lot and dump it into the existing pond. He was talking about digging a small 38 trench but it is all sand there and nothing to hold the banks and his concern is with heavy runoff and 39 there will no longer be a trench, just a stream and in order to make it work they will need to fan the 40 trench out. Mr, Law indicated it would be approximately twenty feet which he objected to since it 41 would be devaluing his property, 42 43 Mr, Berkowitz stated they have been in discussion with the watershed engineer and would like to sit 44 down with Mr, Ayers and work out different options, They want to work with the property owners to Regular Andover City Council Meeting Minutes - January 19, 2010 Page 4 1 work out their needs and correct drainage issues, 2 3 Mr, Ayers stated a suggestion by Mr. Law is to run a culvert, which would be better than an open 4 trench. He is concerned if they open up a trench it would affect trees in the area and could harm 5 them, 6 7 CounciImember Trude wondered if they could pave a one way circle and turn the center into a green 8 space with a depression to collect the water, Mr, Berkowitz stated there is a lot of water in there and 9 a small island would not be enough to handle the entire run off. 10 11 Mayor Gamache asked if they have gone to any property owners indicating the owner was supposed 12 to have a retention pond but it was not put in when developed, Mr, Berkowitz stated it would be 13 easier to do ifthe City had an easement but unfortunately they do not on most of the properties, 14 15 Mr, Ayers stated when he talked to Mr. Law there was discussion about building the intersection up 16 which would help the flow of the water. Mr, Berkowitz stated the bulk of area already drains down 17 to the end of the cul-de-sac, 18 19 Mr. Berkowitz explained where the water drains to and how the improvements will help the 20 drainage. 21 22 Mr, Scott Brenner, 2220 173rd Circle, asked ifthere was discussion about rain gardens as opposed to 23 digging catch basins, Mr, Berkowitz stated they had discussions with a resident but they are not 24 interested in it. 25 26 Mr, Brenner asked if the budget would change based on the amount of engineering and work that 27 goes into diverting this water. Mr. Berkowitz stated all projects are related and they treat the 28 development equally, One whole area pays for the storm water improvements done, 29 30 Mr. Ayers asked if they had the option to pay the assessment in two installments, Mr, Berkowitz 31 explained how the City would assess this to homeowners and the terms of paying the assessment. 32 33 Motion by Knight, Seconded by Bukkila, to close the public hearing, Motion carried unanimously, 34 35 36 Motion by Jacobson, Seconded by Knight, to approve the resolution ordering the improvement of 37 Project 10-20,2010 Street Reconstruction, Motion carried unanimously. (See Resolution R008-1 0) 38 39 40 CONSIDER CONDITIONAL USE PERMIT/ANIMAL THERAPY FACILITY/16274 VERDIN 41 STREET NW 42 43 Mr, Bednarz explained Russell Johansson has applied for a Conditional Use Permit, on behalf of his 44 wife Diana and himself for a proposed animal therapy facility to be located at 16274 Verdin Street Regular Andover City Council Meeting Minutes -January 19,2010 Page 5 1 NW. The property is a 14.5 acre parcel located north of 161s1 Avenue and west of County Road 59 2 (Verdin Street) within the R-1 zoning district, City Code 12-13 allows an animal assisted therapy 3 facility as a conditional use within the R1, R2 and R3 zoning districts on properties larger than five 4 acres in size, The property is heavily wooded providing natural screening around the property. 5 6 Mr. Bednarz reviewed the staff report with the Council. 7 8 Mrs, Johansson gave the Council a brief synopsis of their business, She stated she would be doing 9 animal assisted activities with autistic children and would not be doing the therapy but there may be 10 a time where they have a therapist come to their facility to do the therapy, They do have a mental 11 health care professional that works at the Fraser Center on their board but their facility is not 12 affiliated with the Fraser Center, She oversees their program, 13 14 Councilmember Knight asked if children will be there even without a licensed therapist there, Mrs, 15 Johansson stated that is correct. Councilmember Knight wondered how that would work, Mr, 16 Johansson stated this is a program with two parts. One part is the animal assisted activities which 17 Mrs, Johansson is trained for and will perform and the second part is the therapy where a mental 18 health professional will come on to the site. The mental health professional designed their program 19 for their animal activities, After the children go through their program further therapy will be 20 conducted by the family's health professionals. 21 22 Councilmember Jacobson asked if City Attorney Baumgartner is concerned about this part of the 23 application, City Attorney Baumgartner stated he is and in looking through the definition and 24 previous minutes the concern is how to distinguish between a petting zoo and a mental health 25 facility, He stated at that time they came up with the present definition and his concern is this did 26 not fit within the definition that was created, He wondered who is really directing this program in a 27 therapeutic manner if it is not the children's own therapist providing input, insight or direction into 28 the program, 29 30 Mr. Johansson stated since they have focused their program specifically on this clientele, the 31 professional in the field is actually operating with that clientele, They are singling out this one group 32 of individuals in order to develop a program for this type of clientele, Mrs, Johansson explained how 33 they distinguished this from a petting zoo, She explained what animal assisted activities are 34 compared to animal assisted therapy. 35 36 Mrs, Johansson wondered if they even needed a permit for what they are planning on doing but are 37 hoping the program expands and want to make sure they are staying within what the City allows. 38 39 Councilmember Jacobson asked if this would be the same thing as a farmer having kids come to his 40 farm to pet animals, He wondered if a therapist is not on site why would they need a permit. City 41 Attorney Baumgartner felt this application is premature and they are not really seeking an animal 42 assisted therapy. Councilmember Jacobson agreed and did not think they needed a permit to do what 43 they wanted to do. 44 Regular Andover City Council Meeting Minutes -January 19, 2010 Page 6 1 CounciImember Knight did not know if they could label them, He wondered where the liability 2 factor lies here, City Attorney Baumgartner stated it would lie with the property owner, Mrs, 3 Johansson stated it would be up to them to check identification and make sure the person on their 4 property doing the therapy is licensed and required by the State, 5 6 The Council, Staff and applicants discussed the definition of animal assisted therapy and the reason 7 for giving the applicant approval for this business, 8 9 CounciImember Jacobson felt this was too early to grant approval for what the applicants want right 10 now, 11 12 Councilmember Trude stated the City is worried about the neighborhood impact and traffic and she 13 thought the list they made up was not broad enough and may need to be revised, She thought the 14 definition might be a little too narrow, Their concern is the impact on the community, 15 16 Councilmember BukkiIa thought the idea was they wanted to separate this from having the petting 17 zoo type of thing and it had a designated purpose, more of a healthcare angle to it so these are not on 18 every rural lot. The narrow focus is to keep it within the healthcare realm, 19 20 Councilmember Jacobson asked if there is a State license needed in order to operate this as animal 21 therapy, Mrs, Johansson stated there is not but a therapist needs a license. 22 23 Mr, Johansson stated in order to operate a therapy program they must be licensed which would be 24 their consultant who they will contract with to provide their services that are therapeutic based, They 25 are operating two things in tandem, The animal program was drafted, designed and evaluated by the 26 mental health professional. They are just the tool that is delivering the service, 27 28 CounciImember Bukkila thought the risk they are taking is ifthey expand the business and have a 29 therapist on site they would teclmically be breaking the rules in the City if they are not given a 30 permit. CounciImember Trude wondered if this should be tabled for legal review, 31 32 Mayor Gamache stated it is his understanding they do not need a permit for what they are doing but 33 if they approved that they have the stipulation in place for parking, etc, and would that cause any 34 issues if they did approve it. He stated if approved they would be covered if they had a therapist on 35 site, City Attorney Baumgartner thought it would but could open them up to potential problems 36 down the road, If they start approving permits based on what they might do in the future where will 37 it stop and would they be able to deny it to the next person, They are essentially agreeing to allow a 38 use that is not being used yet so it is kind of premature, 39 40 Mr, Johansson stated this program is directed by a therapist but the mental health professional is not 41 onsite, He explained to the Council how the program will work. 42 43 CounciImember Knight stated he still sees this as approving a physical facility, not a program, He 44 wondered ifthey were to just approve the facility and nothing else, Mr. Dickinson indicated the Regular Andover City Council Meeting Minutes - January 19, 2010 Page 7 1 resolution infers that they are approving an animal assisted therapy facility because that is how their 2 definition reads, If they want to approve it he suggested they work through the other issues and craft 3 something in the Conditional Use Permit condition one that will cover the concern of how it is 4 supervised, 5 6 Mayor Gamache asked what the other concerns are. Mrs. Johansson stated there is one they wanted 7 to address on the conditions, The working days are Tuesday-Thursday and she saw that is the only 8 days they are approved and she did not think through for inciimate weather or sick days or holiday 9 make up days so she respectfully requested the days be expanded Monday-Saturday. 10 Councilmember Trude did not think that would be a problem, 11 12 CounciImember Jacobson suggested they delay this to the next meeting to allow a change in the 13 definition so they do not have this problem, He indicated he did not have a problem with this at all. 14 15 Councilmember Trude thought it really turns on the words "facility" and "directed", Councilmember 16 Jacobson did not think it was a problem with the applicant but a problem with the definition, 17 18 Motion by Jacobson to table this until the next Council meeting, 19 20 Mr, Dickinson stated they do have a time limit, Councilmember Jacobson asked if they could ask for 21 an extension on the time limit until the first meeting in February for the City to work on this, 22 23 Mr, Dickinson asked if there is language that could be put into the CUP that would reach a 24 recommendation from the Council without modifying the Code language, City Attorney 25 Baumgartner did not think it could because he thought what they are running up against is what is a 26 facility and what does the Council want to allow to be called a facility and what do they want to be 27 allowed to be called an animal assisted therapy facility, If the Council is ok with a structure where 28 animals are housed to be considered a facility that is one definition, if they want it to be considered 29 an animal assisted therapy facility that is a different type offacility, What it boils down to is what 30 the Council would be comfortable having on this property, They tied the two together for the 31 specific purpose oflimiting petting zoos, He thought they were coming into another area of what the 32 Council would be comfortable with allowing on this property, He wondered ifthey needed to add 33 another definition to address this item, 34 35 Mr, Dickinson stated he would request an extension from the applicant if they wanted to bring this to 36 the next meeting but if the Council is not comfortable with this the other option would be to 37 recqmmend denial. He believed the applicant would give the extension to the City. 38 39 CounciImember Jacobson reminded the Council that the CUP goes with the property, 40 41 Mrs. Johansson stated the Planning and Zoning Commissioners requested additional information 42 from them, which would separate them from a petting zoo, She stated they did have training to do 43 animal assisted activities for children that is therapeutic based and provided their certification of that 44 and they did secure a mental health professional and she thought that is what differentiated them Regular Andover City Council Meeting Minutes - January 19, 2010 Page 8 1 from the petting zoo, 2 3 Mr, Johansson stated there would not be a problem with traffic and is a one on one program so there 4 will not be more than one child on site at a time, He did not think there would be an impact on the 5 surrounding community, He stated he met with seven of the nine residents and was able to get their 6 signatures in favor of the facility and what they are going to do. 7 8 Mr, Dickinson suggested allowing animal assisted therapy does not seem to be a problem with the 9 Council. He offered the Council a modification to change the title ofthe resolution that removes the 10 word facility and then in the first Where As "allow animal assisted therapy on the subject property", 11 and in the "Now Therefore it Be Resolved" they add "..,authorizing animal assisted therapy as 12 proposed and subject to the following conditions,.," 13 14 Motion by Jacobson, Seconded by Trude, to approve the resolution with Mr, Dickinson's changes 15 and in doing so point to the City Code 12-2 which defines an animal assisted therapy as one directed 16 by a health or human service provider working within the scope of his or her profession". 17 18 Councilmember Knight asked the Council to cross out items 2-4 in the resolution. CounciImember 19 Trude stated the whole point of having the permit is to have some limits because it runs with the 20 land. 21 22 CounciImember Trude asked if they could amend the motion on condition two to state, the 23 operational hours shall be limited to Monday through Saturday, between the hours of 7 :00 a,m. and 24 8:00 p,m, and to limit it to forty clients per week. 25 26 Councilmember BukkiIa suggested they change the number of clients to indicate that no more than 27 two clients on the property at one time are allowed, 28 29 CounciImember Jacobson accepted the Trude and BukkiIa amendments, 30 31 Motion carried unanimously. (See Resolution R009-1 0) 32 33 34 SCHEDULE 2010 LOCAL BOARD OF APPEAL & EQUALIZATION 35 36 Mr, Dickinson stated The Council is requested to select potential dates for holding the 2010 37 Local Board of Appeal & Equalization. The dates for the meeting must fall between April 12, 38 2010 and May 11, 2010, The Council is requested to select at a minimum two potential dates of 39 choice to submit to the County Assessor, 40 41 Motion by Jacobson, Seconded by Trude, to designate April 22 for the first date, April 19 as 42 second or April 29 for the third and May 4, 2010 as the reconvene date, Motion carried 43 unanimously, 44 Regular Andover City Council Meeting Minutes-January 19,2010 Page 9 1 2 SCHEDULE EDA MEETING 3 4 The Council is requested to schedule an Economic Development Authority (EDA) meeting at 5 6:00 p,m, before the February 3,2010 City Council meeting, 6 7 Motion by Jacobson, Seconded by Trude, to schedule an EDA Meeting for February 3, 2010 at 6:00 8 p,m, Motion carried unanimously, 9 10 11 SCHEDULE FEBRUARY COUNCIL WORKSHOP 12 13 Mr, Dickinson stated the Council is requested to schedule a February Council Workshop at 6:00 14 p,m, 15 16 Motion by Bukkila, Seconded by Gamache, to schedule for February Council Workshop for 17 February 17,2010 at 6:00 p,m, Motion carried unanimously. 18 19 20 ADMINISTRATOR REPORT 21 22 City Administrator Dickinson updated the Council on the administration and city department 23 activities, meeting reminders, CIP Projects and development activity. 24 25 26 MAYOR/COUNCIL INPUT 27 28 (Public Works Department Thanks) - CounciImember Knight wanted to commend the Public 29 Works Department for the plowing efforts they have done, He thought they have done a good 30 job, 31 32 (Mayors Snowmobile Trail Ride) - Mayor Gamache stated January 30, 2010 is the Mayors 33 Snowmobile Trail Ride. 34 35 36 Motion by Knight, Seconded by Jacobson, to adjourn, Motion carried unanimously, The meeting 37 adjourned at 9:08 p,m. 38 39 Respectfully submitted, 40 41 Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes - January 19, 2010 Page 10 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES - JANUARY 19,2010 TABLE OF CONTENTS PLEDGE OF ALLEGIANCE ",..".."""".....,...."........""""".,.......,.........""""""""",....""....""".. 1 BADGE PRESENTATION - FIRE DEP ARTMENT..,..........................,.......""......,........,.."....,.. 1 RESIDENT FORUM ....""",.""......"""""".......""",.,..."""..................,.....,..""""""...,.,...,..""",. 1 AGENDA APPROV AL"",,"..""....""""""'."...""""...........".........'""",................"."""""".....,., 2 APPROVAL OF MINUTES""""""""""""."...."""""........""""""".."...'"""""",...""""""""".. 2 CONSENT ITEMS ,......""""""",.."""""""",....""""".".....',.."",'.."..",..'"""",."....""""",""",.. 2 Approval of Claims. ,.."""""", ....""""""""...."""""""",.., ................."""""""""."..""""""".. 2 Approve Anoka County Fire Mutual Aid Agreement......,.......,...........""""...."".......".""",...... 2 Rescind Res. No, 048-09/09-22/Bunker Lake Boulevard NW Frontage RoadslJay Street Realignment"",.., .." .............""""""""...."""""""",..,...,........."""""""""",... ...,......""".. 2 Accept Amended Feasibility Report!Waive Public Hearing/Order Plans & specs/09-22/Bunker Lake Blvd, NW Frontage Road/Jay Street Realignment (See Resolution R006-1O)..,....,.. 2 Recycling Agreement with Anoka County and the City of Andover.,..,.."........................,........ 2 Approve Application for Exempt PermitIRum River Chapter of Minnesota Deer Hunters......, 2 Approve 2010 Kennel License...,.",.."""""",... .......""""".'...'.......'".......""""""".........,., ."",.. 2 Approve Debt Service Payments .""""""",.',.....""."""""""..""""",.."""""""",..........,.."""., 2 Appoint Planning & Zoning Commission and Open Space Advisory Commissioners.....,........ 2 ANOKA COUNTY SHERIFF'S DEP ARMENT MONTHLY REPORT ..,....................."..,..,..... 3 HOLD PUBLIC HEARING/ORDER PLANS & SPECS1l0-2/201O STREET RECONSTRUCTION (See Resolution R008-1O) ............,.................".."",..,..".,..................... 3 CONSIDER CONDITIONAL USE PERMIT/ANIMAL THERAPY FACILITYIl6274 VERDIN STREET NW (See Resolution R009-1 0) ...................."..................,.......,......,........,..".....,........ 4 SCHEDULE 2010 LOCAL BOARD OF APPEAL & EQUALIZATION ..........................",........ 8 SCHEDULE EDA MEETING.........",..",..""""..,.."........"""""""".,...,....""""""",....",..""""".. 9 SCHEDULE FEBRUARY COUNCIL WORKSHOP ,...................,...,..."......,........,...................., 9 ADMINISTRATOR REPORT ..,.,...""",....""",....,..............""""".....,...",""""""...."""""""",'., 9 MAYOR/COUNCIL INPUT .........,.,....",.."""".........."..,.."...,...............","",.,.........""""""""".. 9 Public Works Department Thanks ..".......",..,....""",..."",...,...........",.."",.............""""""""".. 9 Mayors Snowmobile Trail Ride" ....., ......""".... .........."..".. .......",...",..""..........,...""""""",.,.., 9 ADJOURNMENT"""",.,.,.......,........"...,....."""..........,...."".........,........,..............,., .""""""""",., 9 @ 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.C1.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator / Finance Director SUBJECT: Payment of Claims DATE: February 3, 2010 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $199,688.20 on disbursement edit list #1- 2 from 01/27/10 to 01/29110 have been issued and released, Claims totaling $234716.00 on disbursement edit list #3 dated 02/02/10 will be issued and released upon approval. BUDGET IMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects, ACTION REOUESTED The Andover City Council is requested to approve total claims in the amount of $434,404.20. Please note that Council Meeting minutes will be used as documented approval. Attachments: Edit Lists - " ~ p.. o 0 :z: :z: ..t-j .0 " " .. - - ~ ~ ~ =" " :: ~ ~ ~:I: :I: .. 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WWW.CI.ANDOVER,MN,US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Consider Approval Application for Exempt PermitINorth Suburban Women's Club DATE: February 3, 2010 INTRODUCTION North Suburban Women's Club has submitted an application for a raffle at an event they are hosting on April 17, 2010 at the Courtyards of Andover. DISCUSSION Council can either a) approve the application with no waiting period; b) approve the application with a 30 day waiting period; or c) deny the application. ACTION REQUIRED The City Council is requested to consider approval of the application with no waiting period. Respectfully submitted, i,~~~ Michelle Hartner Deputy City Clerk Attach: Application Minnesota Lawful Gambling Page 1 of 2 7/09 Application fee LG220 Application for Exempt Permit If annlication postmarked or received: An exempt permit may be issued to a nonprofit organization that: less than 30 days , more than 30 days - conducts lawful gambling on five or fewer days, and before the event before the event - awards less than $50,000 in prizes during a calendar year. $100 $50 ORGANIZATION INFORMATION Check # $ Organization name Previous gambling permit number NOY<:Tl--I <"su..6u. rz. 61lN W()M~ 5 C '- LU3 Type of nonprofit organization. Check one, D Fraternal D Religious DVeterans 5{] Other nonprofit organization Mailing address City State Zip Code Cou nty 0/1 c./O A i'l c..i>-- La VOY'lt1 e Le. e..-13eo..vt 34 SO 1"3l51 A.v't I\JW CootJ tAf/f)!. Mi\J $S,-/'1 g- Name of chief executive officer (CEO) Daytime phone number Email address Ko...-I-!t1~ CrUZ- (012,- lolo'{- &9l2 .f e.d&.cr@3moJ I . CO rM Attach a copy of ONE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. [X] Nonprofit Articles of Incorporation OR a current Certificate of Good Standing, Don~ have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div" 180 State Office Building, St. Paul, MN 55155 Phone: 651-296-2803 D IRS income tax exemption [501 (ell letter in your organization's name. Don~ have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877-829-5500, o IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: a. IRS letter showing your parent organization is a nonprofit 501 (c) organization with a group ruling, and b. the charter or letter from your parent organization recognizing your organization as a subordinate, D IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMATION Name of premises where gambling, activity will be conducted (for raffles, list the site where the drawing will take place) Co u.\'L1' \,I A Rt> S Oy AN'Do\IER. 61~ C&0l6t Address (do nol use PO box) City Zip Code County \ ~ '5'~\ MAL/oj s-r NW ANDCl.J61 M..N C; .sO~ -1\ NO K.Jt Date(s) of activity (for raffles, indicate the date of the drawing) ArtlL I ::r I 2.010 Check the box or boxes that indicate the type of gambling activity your organization will conduct: o Bingo' Ij(Raffles o Paddlewheels' o Pull-Tabs' o Tipboards' * Gambling equipment for pull-tabs, bingo paper, tipboards, and Itlso complete .1 paddlewheels must be obtained from a distributor licensed by the Gambling Control Board. EXCEPTION: Bingo hard cards and bingo Page 2 ofthis form. number selection devices may be borrowed from another organization authorized to conduct bingo. I. .,. PrJl1t ~orm.1 To find a licensed distributor, go to www.gcb.state.mn.us and click on List I Reset Form I of Licensed Distributors, or call 651-639-4076. LG220 Application for Exempt Permit Page 2 of 2 7/09 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT If the gambling premises is within city limits, If the gambling premises is located in a township, a a city official must check the action that the city is county official must check the action that the county is taking taking on this application and sign the application. on this application and sign the application. A township official is not required to sign the application. _The application is acknowledged with no waiting period. _The application is acknowiedged with no waiting period. _The application is acknowledged with a 30 day waiting _The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period and allows tl1e Board to issue a permit after 30 days (60 day~ fo: a 1 s~ class city). days, ' _The application IS denied, _The application is denied. . , Print county name Print City name . ., , On behalf of the county. I acknowledge this applicatIon, On behalf of the clly, I acknowledge thiS application. Signature of county official receiving application Signature of city official receiving application Title Date I I (Optional) TOWNSHIP: On behalf olthe township, I Title Date I I acknowledge that the organization is applying for exempted gambling - - - activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print toWhship name Signature of township official acknowiedging application Title Date I I CHIEF EXECUTIVE OFFICER'S ,SIGNATURE The information provided in this application is Gomplete and aGGurate to the best of my knowledge. I acknowledge that the financial report will be completed and retumed he Bo within 30 days of the date of our gambling activity. Chief executive officer's signature Date I //'1 //0 Complete a separate application for each Financial report and record keeping required - one day of gambling activity, A fi ' I rt' d' t ti '11 b t.th . ., . nancla repo ,orm an Ins ruc ons WI e sen WI - two or more consecut~ve ~ays of gambling activity, your permit, or use the online fill-in form availabie at - each day a raffle draWing IS held www.gcb.state.mn.us. Within 30 days of tl1e activity date, Send application witl1: complete and return the financial report form to the - a copy of your proof of nonprofit status, and Gambling Control Board, - application fee for each event. Questions? Make check payable to "State of Minnesota," Call tfle Licensing Section of tl1e Gambling Control T G bl' C tr I B d Board at 651-Q39-4076, 0: am Ing on 0 oar 1711 West County Road B, Suite 300 South I I I I Roseville, MN 55113 : ~rInt~?rrl1 . '" Reset.F()rmn.., Data privacy. This form will be made available in the Board will be able to process your Board staff whose work requires access to the altematlve format (I.e. large print, Braille) upon application. Your name and and your information; Minnesota's Department of Public request. The information requested on this form organization's name and address wil be public Safety; Attorney General; Commissioners of (and any attachments) will be used by the information when received by the Board. All Administration, Finance, and Revenue; Gambling Control Board (Board) to determine your the other information you provide will be private Legislative Aud~or, national and international qualifications to be involved in lawful gambling data until t~e Board .issues ~our perm~. When gambling regulatory agencies; anyone pursuant activities in Minnesota. You have the right to the Board Issues your perm~, all of the to court order; other individuals and agencies refuse to supply the information requested; infor.matian provided to the ~ard will beeo.me that are specifically authorized by state or however, if you refuse to suppiythls information, public. '! the Bo~rd does n?t Iss~e a pe,:",~, all federal law to have access to the informaiion; the Board may not be able to determine your Information prOVided remains pnvate, with the individuals and agencies for which law or legal qualifications and, as a consequence, may refuse exception of your nam~ an~ your o~gan~tion's order authorizes a new use or sharing of to issue you a permit. If you supply the na.me and address ~hlch will remam public. information after this Notice was given; and information requested, Pnvate data are available to: Board members, anyone with your consent. GJ 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 David D. Berkowitz, City EngineerIDirector of Public Wo FROM: Todd J. Haas, Assistant Public Works Director SUBJECT: Approve Resolution Accepting Donationl AAA/Sunshine Park/Scoreboards for Ball Fields/lO-11 - Engineering DATE: February 3,2010 INTRODUCTION This item is in regards to approving a resolution accepting a contribution of scoreboards made by the Andover Athletic Association to be installed at Sunshine Park for ball fields 1-6. DISCUSSION Attached is a letter from the Andover Athletic Association (AAA) formally notifying the City of Andover that the AAA Board of Directors approved the purchase of 6 new scoreboards for Sunshine Park. AAA has identified in the letter they will pay for other items such as the concrete work and electrical work. The Public Works Department will provide equipment and manpower to set the scoreboards on the concrete piers once the scoreboards are ready to set. The conduits and wiring for all the scoreboards were originally installed as part of the ball field lighting. The Park and Recreation Commission was presented with this donation from AAA on January 21, 2010 and recommended approval. Note: One other item that has been requested by AAA is that they would like the City to consider charging a fee to other associations that may want to use scoreboards as they have chosen not to participate in their purchase. Staff would recommend that this be brought back to the Park and Recreation Commission for their consideration and recommendation. ACTION REOUlRED The City Council is requested to approve the resolution accepting the contribution of scoreboards for Sunshine Park. Respectfully submitted, Q~~ -r Todd J. Haas ./ ./' Attachments: Resolution, Letter from AAA cc: Pat Wilson, Andover Athletic Association (copy sent bye-mail) CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION ACCEPTING A CONTRIBUTION MADE TO THE CITY OF ANDOVER FOR SCOREBOARDS THAT ARE TO BE INSTALLED AT SUNSHINE PARK BALL FIELDS 1-6. 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 the Andover Athletic Association for scoreboards are to be installed at Sunshine Park Ball Fields 1-6. NOW, THEREFORE BE IT RESOLVED by the City Council to hereby accept the contribution, which is to be purchase 6 scoreboards by the Andover Athletic Association and installed at Sunshine Park. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 3rd day of February 2010, 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 ~<D> ~ Effi1 --- Andover Athletic Association 1685 Crosstown Blvd NW Andover, MN 55304 RECEIVED January 11, 2010 Todd Haas, Assistant Public Works Director JAN 1 4 2010 City of Andover 1685 Crosstown Boulevard NW CITY OF ANDOVER Andover, MN 55304 Re: Sunshine Park Scoreboards Dear Todd; This is to formally notify the City of Andover that the AAA Board of Directors, at our December 2009 meeting, approved the purchase of 6 new scoreboards for Sunshine Park ballfields. Our chosen vendor is AIM Electronics in Bloomington, MN. The cost of the scoreboards, concrete work and electrical required to install will be paid for with AAA funds. I understand we will go through the normal permit and inspection process required of the City. Any contractors working on our behalf will be licensed and insured. We hope to receive, and will acceptfrom the City, any assistance with manpower and equipment required to move the scoreboards and poles around during installation. We understand the boards will become the property of the City of Andover, but would hope there is a fee charged to other associations to use them, as they chose not to participate in their purchase. Feel free to contact me with questions. 11M Mlf1ih- Pat Wilson Slow Pitch Softball Director Andover Athletic Association @ To: Mayor and Council Members CC: Jim Dickinson, City Administrator David Berkowitz, Director of Public slCity Engineer ~ From: Karneron Kytonen, Natural Resources Technician Subject: Award Bid/09-10/2010 Tree Removal Contractor-Engineering Date: February 3, 2010 INTRODUCTION This item is continued from the January 19,2010 City Council Meeting and January 26, 2010 City Council Workshop. The City Council is requested to award the bid to Strong and Sons Total Tree Service for the City Contract under the contents of the Diseased Tree Removal/Sanitation Enforcement Policy. DISCUSSION As a part of the Diseased Tree Removal/Sanitation Enforcement Policy, a City Contractor is hired to remove and properly treat all dead/diseased trees marked by city staff that are not removed by the established deadline. There were a total of 3 bids received. They were requested to give a bid per diameter inch for five size categories of trees. The results of the bids are as follows: COMPANY 0-9.9" 10-16.9" 17-24.9" 25-34.9" 35"+ Strong and Sons $19.50 $22.50 $25.00 $30.00 $35.00 S &S Tree $25.00 $35.00 $40.00 $50.00 $55.00 Living Water $30.00 $50.00 $70.00 $90.00 $120.00 Tree BUDGET IMPACT Strong and Sons will invoice the City for services performed on each property. The City will pay the contractor and the applicable property owner will be billed/assessed. ACTION REQUESTED It is requested that the City Council award the bid for the Tree Removal Contractor to Strong and Sons Total Tree Service. r;:~ Natural Resources Technician Attachments: Resolution /' CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Council member to adopt the following: A RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE IMPROVEMENT OF PROJECT NO. 09-10, DISEASED TREE REMOVAL/SANITATION ENFORCEMENT . WHEREAS, pursuant to advertisement for bids, bids were received, opened and tabulated according to law with results as follows: COMPANY 0-9.9" 10-16.9" 17-24.9" 25-34.9" 35" + Strong and $19.50 $22,50 $25.00 $30,00 $35,00 Sons S &S Tree $25,00 $35.00 $40.00 $50.00 $55,00 Living Water $30,00 $50.00 $70.00 $90.00 $120,00 Tree NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby accept the bids as shown to indicate Stronq & Sons Total Tree Service as being the apparent low bidder. BE IT FURTHER RESOLVED TO HEREBY direct the Mayor and City Clerk to enter into a contract with Stronq & Sons Total Tree Service in the amount bid above for construction of the improvements; and direct the City Clerk to return to all bidders the deposits made with their bids, except that the deposit of the successful bidder and the next lowest bidder shall be retained until the contract has been executed and bond requirements met. MOTION seconded by Council member and adopted by the City Council at a reqular meeting this 3rd day of February , 2010 ,with Council members voting in favor of the resolution, and Council members 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 Council Members CC: Jim Dickinson, City Administrator ks/City Enginee~ David D. Berkowitz, Director of Public ' From: Kameron Kytonen, Natural Resources Technician Subject: NPDES (National Pollutant Discharge Elimination System) Presentation & Public Meeting/lO-l - Engineering Date: February 3, 2010 INTRODUCTION The City of Andover is required to comply with the latest NPDES regulations set forth by the Minnesota Pollution Control Agency (MPCA). One requirement as part of this process is to hold a public meeting to receive feedback on the program. DISCUSSION To satisfy the MPCA requirements, City staff created and submitted a Storm Water Pollution Prevention Program (SWPPP) in May of2003. That has since been revised several times. It is composed of Best Management Practices (BMP's), which are actions taken to improve the quality of storm water runoff. Staff will give a brief presentation summarizing the City's program. Following the presentation, we ask the Mayor to open up the public meeting. Residents of the City will have an opportunity to make written and/or oral comments on the City's efforts thus far. They may comment on the components of the SWPPP as well. ACTION REQUESTED The City Council is requested to hold a public meeting to review the City's status of compliance with the program and make recommendations as needed. Respectfully submitted, Kwn",on Kytf:'!Jt= Natural Resources Technician (1) 1685 CROSSTOWN BOULEVARD N,W,. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW,CJ.ANDOVER.MN,US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Approve Bond Sale for Open Space and Refunding Bonds - Ehlers & Associates DATE: February 3, 2010 INTRODUCTION Mark Ruff or Todd Hagen from Ehlers & Associates, the City's Financial Advisor, will be in attendance to present the results of the City's sale of the following bond issues authorized at the January 5, 2010 Council Meeting for the $3,200,000 General Obligation Open Space and Refunding Bonds Series 2010A. A breakdown is as follows: $1,685,000 Open Space Bonds $1,515,000 Permanent Improvement Revolving (PIR) Refunding Bonds DISCUSSION The City Council authorized at the January 5,2010 Council Meeting to provide for the sale of the aforementioned bonds based on the following justification for each bond issue: $1,685,000 Open Space Bonds These bonds are being issued to finance the acquisition of property for open space pursuant to an election held on November 7, 2006 in the City. $1,515,000 PIR Refunding Bonds These bonds are proposed to be issued to current refund the City's outstanding Series 2006A PIR Bonds for interest rate savings. BUDGET IMPACT The $1,685,000 Open Space Bonds are funded by an annual tax levy. For the $1,515,000 PIR Refunding Bonds it is expected that the special assessments and property taxes, the sources of payment originally pledged to the Series 2006A Bonds, will pay for the Bonds. Mayor and Councilmembers February 3, 2010 Page 2 of2 ACTION REOUESTED The City Council is requested to approve the attached resolution accepting the proposal on the sale of the respective bonds based on the bid tabulation that will be presented by Ehlers & Associates at the meeting. The resolution is as listed below: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,200,000 GENERAL OBLIGATION OPEN SPACE AND REFUNDING BONDS, SERIES 2010A AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF Attachments STANDARD Global Credit Portal &POOR'S RatingsDirect@ . , . I I 1 .. A A . ill A A ill .. . ill . A A ill . II Summary: Andover, Minnesota; General Obligation; Tax Increment Credit Profile US$3.2 mil GO bnds ser 201 OA dtd 02/18/2010 due 02/01/2022 Long Term Rating AAt/Stable New Andover GO Unenhanced Rating AAt(SPUR)/Stable Affirmed Rationale The 'AA+' long-term rating assigned to Andover, Minn.'s series 2010A general obligation (GO) bonds is supported by the following factors: . Participation in the large and diverse Minneapolis-St. Paul (Twin Cities) economic base, . Economic indicators that compare well with national averages, and . A debt burden Standard & Poor's Ratings Services considers as low to moderate with limited additional debt needs. Offsetting these strengths are annual debt service costs that we consider to be high, although a wide array of dedicated revenue sources for payment of debt service is available. In addition, amortization of debt and lease payments that extend out to 2034 also limit the rating. The 'AA+' long-term rating on the city's previously issued GO bonds has been affirmed. The city's unlimited-tax GO pledge secures debt service on the series 2010A bonds and other GO bonds. Andover is located 20 miles north of the Twin Cities and has a population of about 30,700. The city has grown rapidly into a large bedroom community, doubling in population since 1990. All of the city's economic indicators are favorable. Median household effective buying income is considered very strong at 170% of the national average, and per capita effective buying income is considered strong at 126% of the national average. The city's estimated market value is $3 billion, which equates to a level we consider very strong at $97,045 per capita. Andover's general fund financial position has remained very good over the past several years, and management does not anticipate any major changes to that position. On fiscal year-end Dec. 31, 2008, the unreserved general fund balance was $4.0 million, or what we consider to be a very strong 46.7% of expenditures. For 2009, the city expects to post a surplus of about $165,000, and the 2010 budget is balanced without the use of reserves. The city's financial management practices are considered "strong" under Standard & Poor's Financial Management Assessment methodology. An assessment of strong indicates that the city's management practices are strong, well embedded, and likely sustainable. Highlights of these policies include the following: Standard & Poor's I RatingsDirect on the Global Credit Portal I January 26, 2010 2 771 0711300065753 Summary: Andover, Minnesota; General Obligation; Tax Increment . Regular review of budget performance with elected officials, . The existence of formal, multiyear financial and capital planning updated annually, . Comprehensive investment and debt management policies, and . The adoption of annual fund balance targets as part of the city's budget document approved by elected officials. Overall net debt, excluding debt paid solely from utility revenues, is considered moderate at $2,184 per capita and low at 2.3% of market value. Although debt service typically represents close to 30% of operating expenditures (a level we consider to be high), most of the debt service is paid directly with tax increment, special assessment, or utility revenues instead of general property taxes. Principal amortization is also somewhat below average, with 59% retired over 10 years and 88% over 20 years. The city's 2010-2014 capital improvement plan shows $40.0 million of capital expenditures over that time period. The plan indicates only $4.7 million of funding from GO bonds and $12.9 million from revenue bonds, so we consider the city's debt needs to be minimal. Outlook The stable outlook is based on Standard & Poor's expectation that the city will continue to benefit from its participation in the Twin Cities' regional economy and that reserve levels will remain at levels at or above the city's stated fund balance policy. Related Research . USPF Criteria: GO Debt, Oct. 12, 2006 . USPF Criteria: Appropriation-Backed Obligations, June 13,2007 Ratings Detail (As Of January 26, 2010) Andover GO Long Term Rating AA+/Stable Affirmed Andover GO Unenhanced Rating AA+ISPUR)/Stable Affirmed Andover GO tax incre rfdg bnds ser 20048 dtd 02/05/2004 due 02/01/2006-2013 Unenhanced Rating AA+ISPUR)/Stable Affirmed Many issues are enhanced by bond insurance, Complete ratings information is available to RatingsDirect on the Global Credit Portal subscribers at www.globalcreditportal.com and RatingsDirect subscribers at www.ratingsdirect.com. All ratings affected by this rating action can be found on Standard & Poor's public Web site at www.standardandpoors.com. 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I':=~,: ,---' - '-1 ~" " Standard & Poor's I RatingsDirect on the Global Credit Portal I January 26, 2010 4 77'10711300065753 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF ANDOVER, MINNESOTA HELD: February 3, 2010 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Andover, Anoka County, Minnesota, was duly held at the City Hall on February 3, 2010, at 7:00 P.M, for the purpose, in part, of considering proposals and awarding the sale of $3,200,000 General Obligation Open Space and Refunding Bonds, Series 2010A. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,200,000 GENERAL OBLIGATION OPEN SPACE AND REFUNDING BONDS, SERIES 2010A AND PLEDGING FOR THE SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City of Andover, Minnesota (the "City"), held an election on November 7, 2006, at which the electorate approved the issuance of general obligation bonds in an amount not to exceed $2,000,000 to finance the acquisition ofland from willing sellers for the preservation of natural areas, water and air quality and wildlife habitat, for which spending would be subject to an annual audit (the "Project"); and B. WHEREAS, the City Council has heretofore determined and declared that it is necessary and expedient to provide moneys for a current refunding on March 15,2010 (the "Call Date") of the City's $2,450,000 original principal amount of General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A, dated May 10, 2006 (the "Prior Bonds"), which mature on and after February 1,2011; and C. WHEREAS, $1,480,000 principal amount of the Prior Bonds which matures on and after February 1, 2011 (the "Refunded Bonds "), is callable on the Call Date, at a price of par plus accrued interest, as provided in the Resolution of the City Council, adopted on April 18, 2006 (the "Prior Resolution"); and D. WHEREAS, the refunding of the Refunded Bonds on the Call Date is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and E. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $3,200,000 General Obligation Open Space and Refunding Bonds, Series 2010A, pursuant to Minnesota Statutes, (i) Chapter 475, to provide moneys to finance the Project and (ii) Chapters 429 and 475 for a current refunding of the Refunded Bonds; and 2455318vl F. WHEREAS, the City has retained EWers & Associates, Inc., in Roseville, Minnesota ("EWers"), as its independent financial advisor for the sale ofthe Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by EWers; and G. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City Deputy Clerk, or designee, at the offices of Ehlers, at 10:00 a.m. on February 3, 2010 pursuant to the Preliminary Official Statement for the Bonds, dated January 19, 2010; and H. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Andover, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of (the "Purchaser"), to purchase the Bonds, in accordance with the Preliminary Official Statement established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of$ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser. 2. Terms of Bonds. (a) Original Issue Date: Denominations: Maturities. The Bonds shall be dated February 18,2010, as the date of original issue and shall be issued forthwith on or after such date in fully registered form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2011 2017 2012 2018 2013 2019 2014 2020 2015 2021 2016 2022 (b) Allocation. The aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance the Project (the "Tax Levy Portion"); and the aggregate principal amount of $ maturing in each of the years and amounts hereinafter set forth are issued to finance the refunding of the Refunded Bonds (the "Refunding Portion"): 2455318vl 2 Year Tax Levy Portion Refunding Portion Total Amount 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 If Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to either or both of the portions of debt service in such amounts as the City shall determine. If the source of the prepayment is special assessments pledged to and taxes levied for the Refunding, the prepayment shall be allocated to the Refunding Portion of debt service. (c) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to 2455318vl 3 (A) the accuracy of the records ofthe Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, ifany, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall 2455318vl 4 be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than fifteen calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (d) Termination of Book-Entry Only Svstem. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond ifit determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. 2455318vl 5 (iii) Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10. (e) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purposes: Findings. The Bonds shall provide funds to finance the Project and for a current refunding of the Refunded Bonds (the "Refunding"). The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Tax Levy Portion of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, and shall result in a reduction of debt service cost to the City. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2010, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2011 2017 2012 2018 2013 2019 2014 2020 2015 2021 2016 2022 5. Optional Redemption. All Bonds maturing on February 1,2019, and thereafter, shall be subject to redemption and prepayment at the option of the City on February 1,2018, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds at least thirty days prior to the stated redemption date. Prior to the date on which any Bond or Bonds are directed by the City to be redeemed in advance of maturity, the City will cause notice of the call thereof for redemption identifying the 2455318vl 6 Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA ANOKA COUNTY CITY OF ANDOVER R- $ GENERAL OBLIGATION OPEN SPACE AND REFUNDING BOND, SERIES 2010A Interest Rate Maturity Date Date of Original Issue CUSIP February 1, February 18, 2010 2455318vl 7 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: The City of Andover, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2010, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the u.s. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. The Bonds of this issue (the "Bonds") maturing on February 1, 2019, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1,2018, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subj ect to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the stated redemption date. 2455318vl 8 Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. Selection of Bonds for Redemption: Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. . Issuance: Purpose: General Obligation. This Bond is one of an issue in the total principal amount of $3,200,000, all oflike date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on February 3, 2010 (the "Resolution"), for the purpose of providing funds to finance the acquisition of land from willing sellers for the preservation of natural areas, water and air quality and wildlife habitat, for which spending would be subject to an annual audit, all as approved by the voters at the November 7, 2006, election and for a current refunding of the Issuer's General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A, dated May 10,2006, which mature on and after February 1,2011. This Bond is payable out of the General Obligation Open Space and Refunding Bonds, Series 2010A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations: Exchange: Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the 2455318vl 9 rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Oualified Tax-Exempt Obligations. The Bonds have been designated by the Issuer as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Andover, Anoka County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Deputy Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. 2455318vl 10 Date of Registration: Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF CITY OF ANDOVER, AUTHENTICATION ANOKA COUNTY, MINNESOTA This Bond is one of the Bonds described in the Resolution mentioned Isl Facsimile within. Mayor U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota, Isl Facsimile Bond Registrar Deputy Clerk By: Authorized Signature 2455318vl 11 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 2455318vl 12 PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: AUTHORIZED SIGNATURE DATE AMOUNT OF HOLDER 2455318vl 13 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Deputy Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of February 18,2010. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration: Transfer: Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 2455318vl 14 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Deputy Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day ofthe calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Deputy Clerk to the Purchaser upon receipt ofthe purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. (a) Permanent Improvement Revolving Fund. The City Council has heretofore created a Permanent Improvement Revolving Fund pursuant to Minnesota Statutes, Section 2455318vl 15 429.091. The Permanent Improvement Revolving Fund shall be maintained in the manner specified in the Prior Resolution until all the Refunding Portion of the Bonds and any other obligations made payable from the Permanent Improvement Revolving Fund (the "Additional Bonds") and the interest thereon and all improvements to be paid from the Permanent Improvement Revolving Fund have been fully paid. The Permanent Improvement Revolving Fund is intended for the payment, in whole or in part, of the costs (1) of "improvements" (as defined in Minnesota Statutes, Chapter 429) designated by the City for funding therefrom for which at least twenty percent of the costs thereof are to be assessed against benefited properties; (2) of water works, sewer system, or storm sewer system improvements described in Minnesota Statutes, Section 444.075; and/or (3) of such other improvements as may be permitted in accordance with the terms of the Subdivision (collectively, the "Revolving Fund Improvements"). (b) General Obligation Open Space and Refunding Bonds. Series 2010A Fund. For the convenience and proper administration of the moneys to be borrowed and repaid on the Bonds, and to make adequate and specific security to the Purchaser and holders from time to time of the Bonds, there is hereby created a special fund to be designated the "General Obligation Open Space and Refunding Bonds, Series 2010A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon shall have been fully paid. In such records there shall be established accounts or accounts shall continue to be maintained as the case may be, of the Fund for the purposes and in the amounts as follows: (i) Capital Account. To the Capital Account there shall be credited the proceeds of the sale of the Tax Levy Portion of the Bonds. From the Capital Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65, and a pro rata share of the costs of issuance of the Bonds. Moneys in the Capital Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds ofthe Tax Levy Portion of the Bonds may also be used to the extent necessary to pay interest on the Tax Levy Portion ofthe Bonds due prior to the anticipated date of commencement of the collection oftaxes herein levied or covenanted to be levied. If, upon completion of the Project, there shall remain any unexpended balance in the Capital Account, the balance shall be transferred to the Tax Levy Debt Service Subaccount. (ii) Payment Account. To the Payment Account there shall be credited the proceeds of the sale of the Refunding Portion of the Bonds. From the Payment Account, on or prior to the Call Date, the Deputy Clerk shall transfer, from the Refunding Portion of the Bonds to the paying agent for the Prior Bonds, the amount of $ . The proceeds are sufficient, together with other funds on deposit in debt service fund for the Refunded Bonds, to pay the principal and interest due on the Refunded Bonds due after the Call Date, including the principal of the Refunded Bonds called for redemption on the Call Date. The 2455318vl 16 remainder of the monies in the Payment Account shall be used to pay a pro rata share ofthe costs of issuance of the Bonds. Any monies remaining in the Payment Account after payment of all costs of issuance and payment of the Refunded Bonds shall be transferred to the Refunding Debt Service Subaccount. (iii) Debt Service Account. There shall be maintained two separate subaccounts in the Debt Service Account to be designated the "Tax Levy Debt Service Subaccount" and the "Refunding Debt Service Subaccount." There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: a. Tax Levy Debt Service Subaccount. To the Tax Levy Debt Service Subaccount there is hereby pledged and irrevocable appropriated and there shall be credited: (i) all taxes herein or hereafter levied for the payment of the Tax Levy Portion of the Bonds and interest thereon; (ii) a pro rata share of all funds paid for the Bonds in excess of the minimum bid; (iii) all funds remaining in the Capital Account after completion of the Project and payment of the costs thereof; (iv) all investment earnings on funds held in the Tax Levy Debt Service Subaccount; and (v) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Tax Levy Debt Service Subaccount. The Tax Levy Debt Service Subaccount shall be used solely to pay the principal and interest and any premiums for redemption of the Tax Levy Portion of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from the Tax Levy Debt Service Subaccount as provided by law b. Refunding Debt Service Subaccount. To the Refunding Debt Service Account there is hereby pledged and irrevocable appropriated and there shall be credited: (i) any balance remaining after the Call Date in the Prior Bonds Debt Service Accounts created by the Prior Resolution; (ii) any uncollected special assessments which were heretofore pledged for the payment of the Refunded Bonds and are herein pledged to the payment of the Refunding Portion of the Bonds; (iii) all investment earnings on funds in the Refunding Debt Service Subaccount; (iv) any taxes herein or hereafter levied for the payment of the Refunding Portion of the Bonds; (v) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Refunding Debt Service Subaccount. The amount of any surplus remaining in the Refunding Debt Service Subaccount when the Refunding Portion of the Bonds and interest thereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Debt Service 2455318vl 17 Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Covenants Relating to the Tax Levy Portion ofthe Bonds. To provide moneys for payment of the principal and interest on the Tax Levy Portion of the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Levy Year of Tax Collection Amount 2010-2020 2011-202l See attached schedule The City included in its 2008 and 2009 budgets tax levies of approximately $160,000, these tax levies were used by the City to offset acquisition costs of the Project. The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Tax Levy Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Tax Levy Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Tax Levy Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Covenants Relating to the Refunding Portion of the Bonds. Pursuant to the Prior Resolution, the City has heretofore levied special assessments for the Prior Bonds and all uncollected special assessments are now pledged to the payment of the principal and interest on the Refunding Portion of the Bonds. The special assessments are such that if collected in full they will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Refunding Portion of the Bonds; consequently, no taxes are levied at the present time. The special assessments were levied as provided below, payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rate shown opposite such years: Levy Years Collection Years Amount Rate 2009-2012 2010-2013 $1,518,047 5.50% 2455318vl 18 Upon payment of the Refunded Bonds, the taxes levied by the Prior Resolution in the years 2010 to 2012 shall be canceled. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. Prior Bonds: Security and Prepayment. Until retirement of the Prior Bonds, all provisions for the security thereof shall be observed by the City and all of its officers and agents. The Refunded Bonds shall be redeemed and prepaid on the Call Date in accordance with the terms and conditions set forth in the Notice of Call for Redemption attached hereto as Exhibit B, which terms and conditions are hereby approved and incorporated herein by reference. 20. Supplemental Resolution. The Prior Resolution authorizing the issuance of the Prior Bonds is hereby supplemented to the extent necessary to give effect to the provisions hereof. 21. Certificate of Registration. The Deputy Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Anoka County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor IS certificate that the Bonds have been entered in the County Auditor 's Bond Register and that the tax levy required by law has been made. 22. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or calise to be provided, in a timely manner to the MSRB notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (c) Provide or cause to be provided, in a timely manner to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be 2455318vl 19 enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Deputy Clerk, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 23. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 24. Negative Covenant as to Use of Bond Proceeds and Proiect. The City hereby covenants not to use the proceeds of the Bonds or to use the improvements refinanced by the Prior Bonds (the "Project"), or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 25. Tax-Exempt Status of the Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States, if the Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that: (a) the Bonds are issued by a governmental unit with general taxing powers; (b) no Bond is a private activity bond; (c) ninety-five percent or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or of a governmental unit the jurisdiction of which is entirely within the jurisdiction of the City); (d) the aggregate face amount of all tax exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at 2455318vl 20 one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code; Furthermore, with respect to the Refunding Portion of the Bonds: (e) there shall not be taken into account for purposes of said $5,000,000 limit any bond issued to refund (other than to advance refund) any bond to the extent the amount of the refunding bond does not exceed the outstanding amount ofthe refunded bond; (f) the aggregate face amount of the Refunding Portion of the Bonds does not exceed $5,000,000; (g) each of the Prior Bonds was issued as part of an issue which was treated as meeting the rebate requirements by reason of the exception for governmental units issuing $5,000,000 or less of bonds; (h) the average maturity of the Refunding Portion of the Bonds does not exceed the remaining average maturity of the Prior Bonds; and (i) no part of the Refunding Portion of the Bonds has a maturity date which is later than the date which is thirty years after the date the Prior Bonds were issued. 26. Designation ofOualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7,1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2010 will not exceed $30,000,000; (e) not more than $30,000,000 of obligations issued by the City during this calendar year 2010 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $30,000,000. Furthermore, with respect to the Refunding Portion of the Bonds: (g) each of the Refunded Bonds was designated as a "qualified tax exempt obligation" for purposes of Section 265(b )(3) of the Code; 2455318vl 21 (h) the aggregate face amount of the Refunding Portion of the Bonds does not exceed $30,000,000; (i) the average maturity of the Refunding Portion of the Bonds does not exceed the remaining average maturity of the Refunded Bonds; G) no part ofthe Refunding Portion of the Bonds has a maturity date which is later than the date which is thirty years after the date the Refunded Bonds were issued; and (k) the Refunding Portion of the Bonds are issued to refund, and not to "advance refund" the Prior Bonds within the meaning of Section 149(d)(5) of the Code, and shall not be taken into account under the $30,000,000 issuance limit to the extent the Bonds do not exceed the outstanding amount of the Prior Bonds. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 27. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions oflaw now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 28. Official Statement. The Official Statement relating to the Bonds prepared and distributed by Ehlers is hereby approved and the officers of the City are authorized in connection with the delivery of the Bonds to sign such certificates as may be necessary with respect to the completeness and accuracy of the Official Statement. 29. Payment of Issuance Expenses. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to KleinBank in Chaska, Minnesota, on the closing date for further distribution as directed by Ehlers. 30. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any ofthe remaining provisions of this resolution. 31. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. 2455318vl 22 The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 2455318vl 23 STATE OF MINNESOTA COUNTYOFANOKA CITY OF ANDOVER I, the undersigned, being the duly qualified Deputy Clerk of the City of Andover, Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to considering proposals and awarding the sale of $3,200,000 General Obligation Open Space and Refunding Bonds, Series 2010A. WITNESS my hand on February _,2010. Deputy Clerk 2455318vl 24 EXHIBIT B NOTICE OF CALL FOR REDEMPTION GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2006A CITY OF ANDOVER, ANOKA COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that by order of the City Council of the City of Andover, Anoka County, Minnesota, there have been called for redemption and prepayment on March 15,2010 those outstanding bonds of the City designated as General Obligation Permanent Improvement Revolving Fund Bonds, Series 2006A, dated as of May 10,2006, having stated maturity dates in the years 20 II through 2014, inclusive, and totaling $1,480,000 in principal in principal amount and having CUSIP numbers listed below: Year CUSIP 2011 2012 2013 2014 The bonds are being called at a price of par plus accrued interest to March 15, 2010, on which date all interest on the bonds will cease to accrue. Holders ofthe bonds hereby called for redemption are requested to present their bonds for payment, at U.S. Bank National Association, Attention: Paying Agent Services, 60 Livingston Avenue, St. Paul, Minnesota 55107. Dated: February 3, 2010 BY ORDER OF THE CITY COUNCIL Isl . Deputy Clerk *The City shall not be responsible for the selection of or use of the CUSIP numbers, nor is any representation made as to their correctness indicated in the notice. They are included solely for the convenience ofthe holders. B-1 @ 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 Will Neumeister, Community Deve FROM: Courtney Bednarz, City Plannetf. SUBJECT: Consider Conditional Use PermitlHidden Creek North Park/Clear Wireless LLC- Planning DATE: February 3, 2010 INTRODUCTION Clear Wireless, LLC is seeking to locate a 75 foot tall tower and wireless internet antenna array within Hidden Creek North Park. A conditional use permit is required to locate antennas above 35 feet in height. DISCUSSION The attached photo simulation illustrates what the antenna will look like from ground level. The attached site plan shows the proposed location of the tower within the park. Additional attachments show a top view and all four side views of the tower, including the proposed antenna installation and ground mounted equipment. The antenna equipment will be located inside what is commonly referred to as a stealth monopole. As a result the entire tower will be 32 inches in diameter and the antennas will not be visible. As with all antenna installations, some ground mounted equipment will be necessary. For this installation a small cabinet will be located near the base of the tower. The cabinet will be approximately 38 inches wide by 25 inches deep and 54 inches tall. A photograph of a similar cabinet is attached. A six foot tall chain link fence will enclose the tower and cabinet within a ten foot by ten foot area. In the event the proposal is approved, staff is recommending that slats be provided in the fence to provide additional screening. Review Criteria 12-14-6 B. provides the following general 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 Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. City Code 9-12 provides the specific requirements for antennas and towers. The proposal meets the height, location and design requirements of City Code 9-12. The revised location suggested by the Park and Recreation Commission will also meet the setback requirements of City Code 9- 12. The applicant is requesting a variance to the collocation requirements to allow the new tower to be solely utilized by Clear Wireless LLC. Typically new towers are required to provide space for additional future users. The request for this variance was encouraged by staff to reduce the height of the tower as described below. As with all variances, hardship must be demonstrated to vary from the City Code. The standards used to evaluate hardship are as follows: 1. There are circumstances unique to the property that were not created by the landowner. Unique conditions may include the physical characteristics, including topography or water conditions that may exist on the property. 2. The property, if the variance is granted, will not be out of character with other properties in the same neighborhood. 3. The applicant has exhausted all reasonable possibilities for using his/her property 4. Economic considerations may not constitute an undue hardship if reasonable use of the property exists with application of the minimum standards of this chapter. The applicant has indicated that by allowing Clear Wireless, LLC to be the sole user of the tower that the tower height can be held down to 75 feet in height. Typically 12 feet of separation is the minimum required between different types of antennas. This means that the tower height would need to be increased by that amount for each additional collocation opportunity. Additionally, equipment can only be shrouded at the top of the tower due to structural requirements. This means that any antennas collocated below the top of the tower would require an antenna array to hang off the side of the tower as many older installations have done in the past. Staff is in favor of the variance to allow the reduced height and to prevent the potential for additional antennas and ground mounted equipment from being located in the park. Location This park was selected as one of five proposed antenna locations in the city to provide wireless internet coverage to the more densely populated areas of the city. Staff asked the applicant to evaluate the recently constructed T -mobile tower approximately one quarter mile to the north along Crosstown Drive. The applicant indicated that this location was too far north to provide the coverage area that is needed. The applicant will be present at the meeting to discuss the coverage area maps used to make this determination. The applicant indicated that the location of the tower within the park can be adjusted based on the preferences of the city. The location was discussed by the Park and Recreation Commission. The Commission recommended that the tower be located as far north as possible between the skating rink and ball field. This general area is shown on the attached 'Park and Recreation Commission Recommended Location' drawing. Radio Frequency Emissions and Interference with Other Signals The applicant will be present to address these items. Generally, studies conducted and monitored by the United States Federal Communications Commission have found that these types of installations do not pose a threat to humans. Additionally, the applicant is required to be licensed to use a specific frequency to prevent interference with other signals. The applicant has provided a copy of this license. Planning Commission Recommendation The Commission recommended approval of the conditional use permit and variance to collocation requirements with a 5-1 vote. The recommendation included a request that the Park and Recreation Commission review the location of the tower and make a recommendation based on their experience. The draft minutes from the meeting are attached. Park and Recreation Commission Recommendation The Commission recommended approval ofthe proposed conditional use permit with a 5-1 vote. The recommendation suggested the tower be located between the ball field and ice skating rink as shown on the 'Park and Recreation Commission Suggested Tower Location' attachment. Additionally, the Commission requested trees to provide screening of the ground mounted equipment. The draft minutes from the meeting are attached. ACTION REOUESTED The Council is asked to approve or deny the proposed conditional use permit. If the Council wishes to approve this item, the location should be specified along with the conditions of approval included in the attached resolution. liE Z , . I . C ar Attachments Resolution Location Map Photosimulation Photograph of Ground Mounted Equipment Plan set Park and Recreation Commission Suggested Tower Location Applicant's Letter Resident Input (Flyer and E-mails) Planning Commission Minutes Park and Recreation Commission Minutes CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A WIRELESS INTERNET ANTENNA INSTALLATION FOR CLEAR WIRELESS, LLC LOCATED AT 2620 BUNKER LAKE BOULEVARD NW LEGALLY DESCRIBED AS HIDDEN CREEK NORTH PARK, HIDDEN CREEK, ANOKA COUNTY, MINNESOTA WHEREAS, Clear Wireless, LLC has requested a conditional use permit to install a wireless antenna array on the subject property, and; WHEREAS, Clear Wireless, LLC has requested a variance to the collocation requirements of City Code 9-12-6, 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 request; 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 wireless internet tower and antenna array, subject to the following conditions: 1) The applicant shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site. 2) The applicant shall revise the plan set to locate of the tower, antennas and ground mounted equipment between the ball field and skating rink in Hidden Creek North Park with assistance from city staff. 3) The applicant shall prepare a plan to provide screening of the ground mounted equipment with evergreen trees to be reviewed and approved by city staff. 4) Slats shall be added to the fenced area around the installation to provide additional screening ofthe equipment. 5) The applicant shall obtain a building permit for construction of the tower and associated equipment as required by City Code 9-12-9. 6) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition than currently exists. 7) The Conditional Use Permit shall be subject to a sunset clause as defined in City Code 12-14-6. 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I ) ~:, i i!: , ~J I' I ,., I, I ~: I I. i I ~. 'II' "+ . . . . . . Clearwire Communications, (NASDAQ: CLWR), offers a robust suite of advanced high-speed Internet services to consumers and businesses. As part of a multi-year network build-out plan, Clearwire's 4G service, called CLEAWM, will be available in major metropolitan areas across the U.S, and bring together an unprecedented combination of speed and mobility. Clearwire's open all-IP network, combined with significant spectrum holdings, provides unmatched network capacity to deliver next generation broadband access. Strategic investors include Intel Capital, Comcast, Sprint, Google, Time Warner Cable, and Bright House Networks. Clearwire is currently working on network expansion in Minnesota with over 500 new sites proposed for the Twin Cities service market. Clearwire combines two of the most exciting technological advances of our generation - mobile communications and the Internet - in order to free their customers to take their rich home or office broadband experience with them anywhere around town or on the go. The system consists of a wireless high-speed modem, about the size of a small book. Customers simply plug the modem into a power outlet anywhere in their home or office and connect the modem to their PC to access the internet. Clearwire operates form a point-to-point, line of site relay system of antennas to provide the Clearwire customer experience is similar to that provided by Wi-Fi, but without the short range limitations of a traditional hotspot. Clearwire uses a 4G technology that differs from Wi-Fi called WiMAX, which provides service areas measured in miles, not feet. Clearwire's typical installation requires an average rad center height of between75'-125' and the equipment footprint is typically 1 single BTS cabinet that fits inside a 7' x 7' area. This "low impact" footprint easily allows for many collocation sites. Over 75% of there sites will be collocations. When there is not a structure in the immediate area to collocate on, Clearwire will agree construct a new monopole, favoring light pole replacements using existing light pole locations, Ball fields, City Parks, etc. Clearwire is approved and licensed by the FCC. Headquartered in Kirkland, Wash., additional information about Clearwire is available at www.c1earwire.com. ,~ Q) Q) 3 0 ....... , ^ ::s '"tJ _. CD 'I' a. CD (') Q) ...", -r' ...... 0 Q) C'" "'0'" ..&..., ~ CD... Ul CD < _. "< c.. = CD '"tJ CD ~:I::::T:e 5 C. :::T 3 Q) en -. -. Q) .., t.n -. .., ~ ~ a. ::s < CD C. Z 3Q)~- oa.a.CDCD ,^ = en - ,CD...... CD en CD 0 v, 0 ::r C -I OJ::s::r 3 Ul ::s Q) ~ 3. 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CD.., .., = ~ .., . n NOTICE OF PUBLIC HEARING CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA Thursday; January 21st 7:00 PM Andover City Hall 1685 Crosstown Boulevard West Andover, MN 55304 The City of Andover Parks Board will have a meeting as noted above to discuss the Conditional Use Permit (09-11) to erect a 75 foot telecommunications tower for Clear Wireless, llC behind the outfield fence of the baseball diamond in Hidden Creek North Park at 2620 Bunker lake Boulevard in Andover (see attached park map). The City Council of Andover had a Planning Meeting on Tuesday, January 12th in which the council members voted 5 FOR and 1 AGAINST the permit, but TABLED the issue until the Parks Board meets on Thursday, January 21st at 7:00 PM at the City of Andover located at 1685 Crosstown Blvd. to further discuss this matter. This meeting is open to the public for comments and questions. I urge anyone who uses the park for Little League baseball, soccer, area day cares, ice skaters and park play equipment users, to attend this meeting (preferably with ALL their children) to voice opposition to this ill-planned request. This tower will emit microwaves in low frequencies, and I was told that if the tower fell, it was supposed to collapse in upon itself. We have a major issue in the area with straight line winds arising out of the low lying area that the park sits on, not to mention the fact that the park is basically a large sand box. Clear Wireless sent a representative to the January 1 ih meeting to discuss their installation plans, however they sent a marketing person (not an engineer) so none of the technical questions could be answered logically as to the safety concerns voiced. We need documented proof about the environmental readings related to the tower's emissions and who will assume liability if the tower falls and injures or kills someone. The notice for the January 1 ih meeting was only sent to the people living directly on the park's perimeter, so please pass along this information to anyone else you feel would have their children's health and safety jeopardized by this installation. Let's make them find another spot for this microwave emitter. Thank you for all you can do to keep our park safe! Unable to attend the January 21st meeting? Call Todd Haas (763) 767-5131 or Email him at THaas(cU,ci. andover.mn. us. \~ A!f1dovar " -'. , , Courtn y Bednarz To: Colleen Thompson Subject: RE: ~-'----'~------"----'--"-"---.-----^----~._----~-------._-_._~--_._, --_..._._-_.__..,----~_._._-,----_._..".~-,.._--~--~_.----- From: Colleen Thompson [mailto:colleenkaythompson@hotmail.com] Sent: Tuesday, January 12, 2010 4:46 PM To: Courtney Bednarz Subject: RE: Ms. Bednarz, Thank you for your response. Here is the email that I would like the Council to hear/see. Dear Council members, My name is Colleen Kay Thompson, I have lived behind Hidden Creek North Park since before it was really even a park. It was just a single mass of playground equipment. I have so many memories of playing there as a child they are countless. I urge you to reconsider putting a telecommunications tower in the park. Not only is it smack in the middle of a neighborhood, but it is a highly used park weather it be winter or summer. Please reconsider the placement of the tower somewhere less residential. Thank you, Colleen K. Thompson 1 Q--O Courtney Bednarz From: Renee Hinnenkamp [reneehinnenkamp@comcast.net] Sent: Sunday, January 10, 2010 1:28 PM To: Courtney Bednarz Subject: Public meeting 1/12/10, tower at Hidden Creek Park Mr. Bednarz, We are unable to attend the Public Meeting on January 12, 2010 regarding the telecommunications tower for Clear Wireless, though we would like to state our reasons for opposing this tower put up at the Hidden Creek North Park. A tower of that size is too big for that area that they are suggesting. There is not enough room between the basketball court and playground equipment. This does not belong in a park where there are lots of children around. During the spring, summer, and fall, the baseball and soccer fields are very busy with many children. We are opposing this tower being put up in this park. Thank you, Vern and Renee Hinnenkamp 13669 Hidden Creek Drive Andover, MN 55304 763-862-2979 1 9\ - ------ -.--....------- _._._~-- .. Sent: Thursday, January 21, 2010 1:43 PM To: Todd Haas Subject: Re: NO to Telecommunications Tower at Hidden Creek North Park Todd, Below is a response you can forward to the resident. Thanks! Steve How long has your company been in business and in what cities are your towers currently located? October 2003. In Minnesota Clearwire is in St. Cloud and Duluth. Also in 10 other states. Clearwire currently has over 1 million subscribers . How many other locations in our immediate area have you tried to get permits for prior to deciding on this park? We have not applied for any in this specific site. We reviewed the area and selected a prior park site which was deemed to small by the City of Andover Zoning Department. . Is this tower of your own design (i.e. do you hold the patent on it)? If yes, what is that patent number? No. The monopole is made by tower company and is commonly used throughout the area. If the City would like we can supply a structural evaluation at the time of building permit application . Do you have documentation as to the microwave emission rate coming out of this tower design? Who certified these readings? Clearwire has been reviewed and approved to operate and is licensed by the Federal Government (FCC). Wireless design and applications 1 are not handled or reviewed on a City, County or State level. Feel free to review infomation from the FCC if you would like. . Can this tower be located elsewhere and still be effective? FYI - The City of Andover just erected a new Civil Service Siren adjacent to the Fire Station on Crosstown. Can't your tower be located there instead? No. We have reviewed all sites in the area and this site is the only area where we can get the coverage we need for the surrounding area. This is part of a network of sites that all tie into one another. We always try and collocate on existing towers or buildings (over 70% of our new locations are on existing sites) t;t'J- . Has the City of Andover or the Parks Department sent notices to the Little Baseball or Girls Intramural Soccer Leagues disclosing these plans? If not, then why? City question . Why would anyone lend you money to expand your business when you don't even have preliminary approvals for your prospective tower locations? Not sure what's meant by "preliminary approvals" but we have been working with the City on this site for 6 months. . Can the other towers in the area be raised so this tower wouldn't be necessary at all? No. This site ties into existing sites (City water towers). . Who assumes liability if the tower falls in the park and injures or kills someone? There will be an insurance policy in place to cover anything of this nature. . Who assumes liability if someone is injured due to electrical shock from the tower? There will be an insurance policy in place to cover anything of this nature. . Who assumes liability when the baseball players use the tower for target practice and it gets damaged? It is a metal tower and it's unlikely a baseball would damage it, but Clearwire assumes tower maintenance responsibilities as it's Clearwire's pole. . Who will dismantle the tower when your company goes bankrupt in the middle of the night? Clearwire is a publicly traded company on the NASDAQ. The City requires us to provide financial backing to remove the tower in the event it is no longer used. . What is the City of Andover or the Parks Department getting in return for putting the tower in the park? Monthly rent that is used specifically for maintenance and upgrades to this Park. . Why were the.City of Andover Planning Meeting Notices only sent to the people living directly on the park? The City is required to notify residents within 300' of the area , 2 ~3 . . v.... r\.CIICC:: I III II IC::I11\.01 I I}J LlllaIILv.IC::IIC'C:IIIIIII'C:II"'UllltJ~\"'VIII\..U';)L.II\...l.J Sent: Wednesday, January 20, 2010 6:55 PM To: Todd Haas Subject: Telecommunications tower at Hidden Creek Park Mr. Haas, We are unable to be at the meeting tomorrow regarding the tower that Clear Wireless wants to put up at the park at Hidden Creek. We want you to know that we are totally against them putting this tower up there. A park is not place for this tower. This is an area were baseball games are played, soccer games are played, and a playground where kids run and play. It is a residential area. I certainly do not want to look out my window and see some sore looking tower up. This company is not thinking about the safety of the children that are living in this area that use this park. I am sure there are other areas where this tower can be put up. Please let the Park Board and the council members know that we are opposed to this tower being put up at the Hidden Creek Park North. Thank you, Vern and Renee Hinnenkamp 13669 Hidden Creek Drive Andover, MN 55304 From: Don Lynch [mailto:fishon5865@hotmail.com] Sent: Saturday, January 16, 2010 10:28 AM To: Todd Haas Subject: tower Hi Todd I believe this would be a huge mistake to'put tower at the park this is where kids are!! Find a place to put thIs tower where kids are not present! This also is a place where familys go!! Its a direct representation of our community. Do wewant to show other cQmmunitys that attend , sporting events at our locations that having this tower is ok. Its a beautiful park and to put this tower there does not make any sense. Its like putting a garbage dump in the middle of a h'abitat area!!! Don Lynch "., ~'>",^_.. _",'"."_...._... "__"''"^'''_'"~_'"'_ _'~"__'_'.~_.~_'. ~ ._._.... ,'_''-'H_''_. ._. ,'" ..._.-"'.~._",~~_....,...""~,,_"....,, _, "~"N"~' "~_"'."'~_.__'" ,_'_.,._ __~ . _...~~w..-."'__~_M.'"..'_'"~ ,_.....'_Wn~_ ".......____.".. '_",m'/'~'__H "_~_,,,_,......_,_.._,,_,.._.._.._,_.....,,.,,. . . From: Julie Fuerst [mailto:jfuerst@hotmail.com] Sent: Wednesday, January 20, 2010 2:13 PM To: Todd Haas Subject: Proposed Telecommunications Tower at Hidden Creek North Dear Mr. Haas: I am writing to suggest that you find a alternate location for the 75 foot telecommunications tower which is currently proposed to be erected at Hidden Creek North Park. We live just across the street, kiddy corner to the path down to the park, at 13594 Hidden Creek Dr., and the tower will undoubtedly be in plain view out our front window. Not only is it an eye sore, but also the real and/or perceivep health risks associated with such structures may serve to devalue my, and my neighbors, property. I urge you to please find a better location for the tower. Thank you for your time and consideration. Sincerely, Julie Fuerst t;}q t"rom: unay LUll LflldlllU;III1UlL<f\H!IIISfI.l:UIIIJ Sent: Monday, January 18, 2010 7:01 PM To: Todd Haas Subject: Hello, We would like to let you know that we are against the intallation of the telecommunications tower at the Hidden Creek North Park. There must be another location away from parks and homes that this could be placed. There seems to be areas on Bunker closer to Hanson that this could go to. We don't need this near our park or homes. Sincerely, Mike and Cindy Lutz From: David Dickinson [mailto:dickinsondav@gmail.com] Sent: Tuesday, January 19, 2010 3:55 PM To: Todd Haas Subject: Cell Tower Mr. Haas, please find another location for the Cell Tower planned to be built at 2620 Bunker Lake Blvd. I'm sure there are plenty of other locations that wouldn't be so offensive. Thank you for yout time... -- David A Dickinson 13449 Wren ST NW Andover, MN 55304 From: CAROLYN POWELL [mailto:colsonpowell@yahoo.com] Sent: Saturday, January16, 2010 11:00 AM To: Todd Haas Subject: Hidden Creek North Park Dear Mr. Haas- My name is Carolyn Powell and I live 1 block away from Hidden Creek North Park at 13677 Xavis St. N. W. I was ir1formed that you want to puta cell tower in this park. Why? This is a place for our kids and one of the reasons we purchased our house in this area! Kids already have enough problems finding places to play and now you want to take away a park where these kids play constantly!!!! This is appalling!!!! Put this cell tower some place else and let the kids have their park! When I was told of this I couldn't believe that you would even consider this. Once again , ' . big business gets it's way? Please as a parent of a 13 year old boy who uses this park almost daily for hockey, football, baseball, soccer i'm asking you to leave this park alone and find another place for it. Thank you. Carolyn Powell ., 1/20/2010 415 From: bertmanjr@comcast.net [mailto:bertmanjr@comcast.netJ 'Sent: Saturday, January 16, 2010 1:19 PM To: Todd Haas Subject: Telecommunications Tower, I live at 2578 136th ave.nw, my house faces hidden creek north park, .my chi.ldern play there and my husband exercises our dogs there. We ~ppose to the tower gOI~g up In the park for those reasons along with all the nieghborhood kids who do not want their park to be dangerous., Please find a better suited spot for the tower. thank y,ou , Rachel Cordle From: lehnersnoopi@aol.com [mailto:lehnersnoopi@aol.com] Sent: Sunday, January 17, 2010 3:52 PM To: Todd Haas SUbject: Tower in N Hidden Creek Park Todd Haas, We live at 2591 136th Ave NW and our backyard which butts up to the park where children play their sports, we helped make our neighborhood look and feel better to live in by spending $4 million or so of our tax dollars to upgrade this park and NOW you want to put a "TOWER" in our 'backyards? Have you lost you mind? What are you thinking? not only do we want this crazed idea stopped in its tracks, it is in the park in the field area where kids are playing, in the sights of us and our neighbors as HELLO we like to look out our windows now but NOT to see a steel structure that would fall hi a storm, and take away from the beauty of the park, as well as block our view. We live here YOU dont so stop and think how you would feel having a heap of metal looking in your windows, flashing lights so planes done hit it in your windows at night, who ever is trying to make money off this is a fool! As the neighborhood that surrounds this park and our back yards that is directly affected by some idiotic idea will not be the same. Hmmm the churches down the way have plenty of land that would not be adversely affected, the swamp at co 18 and co 116 has plenty of unused property that would not on'ly help to assist in what ever signal you think will help out here, but not affect the general public and THEIR property as much as it will in a park... where game after game of all sports is being played and also I DONT WANT TO LOOK OUT MY WINDOWS AND SEE THIS CRAP! Lets think about this, and votes.. if this happens DO NOT EXPECT to be voted back into office as this is completely and uneducated decision, idiotic to put it where children are finally playing, and an EYE sore. Can we complain then and have whomever cited for an EYE SORE to us the people who have to look at it everyday? As Andover is quick to pass ordinances to keep our community clean.... Now Really how crazy is this? I think our legislature needs to be notified, and when it falls and kills someone in their own back yard due to flying debris? Speaking of, your park service cant even keep the garbage from the park from flying into our backyards how can you think you could keep this a safe, idea? Dumb not impressed, honestly do we need to get people in office with an engineering degree and experience as well as common sense? 2591136th ave nw Andover MN x2 From: Roselyn Huben [mailto:roseIYlJhuben@msn.com] Sent: Saturday, January 16, 2010 6:59 PM To: TOdd Haas SUbject: No to Tower I am writing in regards to the Andover Cell Tower. I moved out here to avoid such things. But it in a desolated area. NO,NO NO: r;}~ Regular Andover Planning and Zoning Commission Meeting Minutes -January 12,2010 Page 7 DRAFT PUBLIC HEARING: CONDITIONAL USE PERMIT 09-11 TO CONSIDER TELECOMMUNICATIONS TOWER FOR CLEAR WIRELESS, LLC IN HIDDEN CREEK NORTH PARK LOCATED AT 2620 BUNKER LAKE BOULEVARD NW Mr. Bednarz noted Clear Wireless, LLC is seeking to locate a 75 foot tall tower and wireless internet antenna array within Hidden Creek North Park. A conditional use permit is required to locate antenna above 35 feet in height. Mr. Bednarz reviewed the proposed Conditional Use Permit with the Commission. Commissioner Kirchoff asked what the Park Commission feelings were on this. Mr. Bednarz stated the Park Commission will review this at their next meeting. He stated the intent of the Planning Commission was to have a public hearing and weigh in on the review criteria for the CUP. Commissioner Holthus agreed with staff that this is probably not the best location for the tower. She thought the Park Commission should recommend where the tower should be placed. Commissioner Walton asked if there was a tornado siren pole in the park. Mr. Bednarz indicated there was not. Motion by Falk, seconded by Kirchoff, to open the public hearing. Motion carried on a 6-ayes,O-nays, I-absent (Casey) vote. Mr. John Lexxon, 13564 Hidden Creek Drive, stated where they are proposing to place the tower is the actual focal point of the park where people meet and kids play. He could not believe there is not a better location for this. He stated he was against putting this type of equipment in a public park. Ms. Patricia Grayheck, 13678 Yukon Street, stated when they moved to Andover the big selling point in that area was all the utilities were placed under ground and nothing to look at but beauty. She stated there are people there at all times of the year and she stated she cannot see this happening. She asked, for the children, please put this somewhere else. Mr. John Stinson, 2551 136th Avenue, stated he lives in the southeast comer of the park and agreed with the other residents. He has seen kids play in the park all the time and he would not want to see the tower come down with a lot of kids playing in the park. He stated they will also have to put underground electricity to the tower and will that cost money to the residents to place it underground. Chairperson Daninger indicated it would not be a cost to the City or residents. Mr. Stinson thought the tower could be placed in the landfill area because it is not being used for anything. It was noted that nothing could be placed in the landfill area. ldl Regular Andover Planning and Zoning Commission Meeting Minutes-January 12,2010 Page 8 Ms. Susan Wince, 13684 Yukon, stated they live right by the park and bring their daughter to the park all the time. She did not want this in her neighborhood, backyard or the park. She stated this would be an eyesore and would not be safe with children in the area. Mr. Lexxon asked what kind of tower is this. He wondered if there will be microwave emissions and possibly dangerous. Ms. Grayheck stated children do fly kites and other toys in the park and if a tower were placed in the park people would not use the park anymore. Chairperson Daninger noted the Commission received a letter from Renee Hinnenkamp, who was not in favor of the tower. Mr. Steve Stalls, Clear Wire, LLC, reviewed the proposal with the Commission. Chairperson Daninger asked what kind of pole this will be. Mr. Stalls stated it will be a monopole and all the antennas will be located inside the tower. Chairperson Daninger asked if Mr. Stalls was qualified as to concerns with it in case it falls and how it falls. Mr. Stalls stated the monopole itself is designed to collapse upon itself in half the distance. In regard to property line setbacks it is well within the full height of the tower. He stated they have discussed other areas in the park where the tower could be placed and would be willing to put a siren on the tower and is flexible as long as the tower is to remain in the park itself. Chairperson Daninger stated there was a question about what was transmitted from the tower. Mr. Stalls stated they operate at 2.4 to 2.6 GHz, which is a very low frequency. He explained what a point to point relay system is. Commissioner Holthus asked if the network would work iflocated outside of Hidden Creek Park. Mr. Stalls stated if this site is not there then the surrounding sites cannot connect or work together. He noted they have done extensive research on this and the park is the area that will work. Commissioner Holthus wondered if another pole by the Fire Station would work because it is new pole with collocation and a new siren on it also. Mr. Stalls stated it would not work based on their research they have taken. Commissioner Kirchoff thought it was interesting that they could install lights on the pole. Mr. Stalls stated they could do this to light up a baseball field if the City wanted that. l'd<t Regular Andover Planning and Zoning Commission Meeting Minutes-January 12,2010 Page 9 Commissioner Falk asked if they would need to access the monopole by a truck or van. Mr. Stalls stated they would not need to access with a truck; the technician could walk to the site and carry the equipment they would need. Chairperson Daninger asked what the sound emissions would be. Mr. Stalls stated there is virtually no sound being emitted. Chairperson Daninger asked what kind of screening would be needed. Mr. Stalls stated they currently have a six foot fence proposed but could angle the top so a ball would bounce off and come back. Mr. Stalls stated this site will connect to the Coon Rapids site and other sites in Andover. The Commission discussed with Mr. Stalls possible locations for the pole other than the proposed site. Motion by Walton, seconded by Holthus, to close the public hearing. Motion carried on a 6-ayes, O-nays, I-absent (Casey) vote. Commissioner Falk asked ifthere were any plans to put up lights at the field. Mr. Bednarz stated he did not think so but it could be discussed at the Park Commission. Commissioner Kirchoff wondered if there was a possibility of putting this in the parking lot for a light. Commissioner Falk indicated this is higher ground also. Commissioner Cleveland wondered ifthere would be room in the parking lot for a pole. Mr. Bednarz stated the issue is that the park boundaries are somewhat narrowed by the parking lot and the seventy-five foot tower could fall in a direction that would be outside of the park lines. Mr. Bednarz stated if the Commission is interest in looking at alternate sites, the only spots in the park that are not occupied by park facilities are between the outfield fence and the soccer field. Commissioner Holthus asked if there was another area in the vicinity where the tower would be permitted. Mr. Bednarz reviewed the commercial sites with the Commission. Mr. Bednarz noted the revenue from this would go back into the park. Commissioner Kirchoff stated he would like to see what the Park Commission decides regarding this because they may be able to fmd a better place for this. He would like to table this to see what the Park Commission says. Commissioner Walton stated he sympathized with everyone that lived around this park. He indicated they needed to find a place for this and make it fit. He was concurring ~Cl Regular Andover Planning and Zoning Commission Meeting Minutes-January 12,2010 Page 10 about tabling to hear what the Park Commission wants to do. He noted there is a spot on here near Outlot A that might work. Chairperson Daninger asked if the Commission wanted the tower in the park and if so, where would they like it. Commissioner Cleveland stated he would like it in the park but someplace else in the park. Commissioner Holthus stated she did not have a problem with it being in the park but would like to hear from the Park Commission to see what they would want. The rest of the Commission concurred. Chairperson Daninger stated he did not like that spot and felt there was another spot that this tower could go outside of the park. Commissioner Holthus stated she saw Hidden Creek Park as being on Andover's main street and was apprehensive about having the tower in Hidden Creek Park. Chairperson Daninger asked if the Commission was ok with the seventy-five feet. Commissioner Cleveland thought it was too tall. Motion by Walton, seconded by Falk, to approve the request for a tower in Hidden Creek Park subject to better location and input from the Park Commission and allowing the variance ofseventy-five feet. Motion carried on a 5-ayes, I-nays (Daninger), I-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Park and Recreation Commission at the January 21, 2010 meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT 10-05 TO CONSIDER TELECOMMUNICATIONS ANTENNAS FOR CLEAR WIRELESS, LLC ON CITY WATER TOWER LOCATED AT 14057 ROSE STREET NW Mr. Bednarz noted Clear Wireless, LLC is seeking to locate a wireless internet antenna array at the top of a city water tower located on this city park property. A conditional use permit is required to locate antennas above 35 feet in height. The water tower is 140 feet tall. Mr. Bednarz reviewed the staff report with the Commission. Commissioner Falk asked if Clear Wireless will need access to the inside of the tower. Mr. Bednarz stated they will need access occasionally and will be required to notify the City when access is needed. '")0 PARKAND RECREATION COMMISSION MEETING - JANUARY 21, Q~AFT MINUTES The Regular Bi-Monthly Meeting of the Andover Park and Recreation Commission was called to order by Chair Butler on January 21,2010,7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Commissioners Present: Chair Ted Butler, Tony Kowalewski, Vice Chair Jim Lindahl, Mark Miskowiec, Shan Ramnath and Shaun Van Vark. Commissioners Absent: Bill Hupp. Also Present: Assistant Public Works Director, Todd Haas. REVIEW REQUEST FOR CUP/CLEARWIREIHIDDEN CREEK NORTH PARK Mr. Haas explained that this item is in regards to reviewing a request for a Conditional Use Permit (CUP) from Clear Wireless, LLC to place a telecommunications antenna facility at Hidden Creek North Park. Mr. Steve Schulz, Representative, reviewed the request with the Commission. Commissioner Miskowiec wondered if a water tower is used to place an antenna on is the antenna shorter or is the same size antenna used as in other places. Mr. Schulz stated they typically place an antenna on the top of a water tank and their equipment would be placed on the top rail with no additional construction done. This site is seventy-five feet which is the minimum they can go to hit the other sites. This is a site to site connection. Commissioner Van Vark wondered what they would do if the park was not located where it is, would they look for a private landowner or business owner to try to fmd space. Mr. Schulz stated they start first with the City Code and review the telecommunications code to find out where the towers are available to be placed and the setback requirements and then they look from there. That is how they found this spot because they meet all the setback requirements and that is why they got Planning Commission recommendation. Mr. John Stinson, 2551 136th Avenue North, stated he did not want to look at an antenna when he looks out his window. He thought there were better places in the City to place the antenna. Mrs. Ally Torres, 13669 Yukon, stated a couple of her concerns were if other options and locations were looked at and what kind of security will the tower have. She stated the safety and security of the kids come first. Mr. & Mrs. Andrew and Kristina Tremble, 2633 136th Avenue NW, stated they purchased the house on December 15th, not know this was all taking place and if they had known that this was '3f on the table they would not have purchased the house. He wanted to look out his window and see kids playing in the park and not a tower. He stated City Parks are not for towers they are for kids to play in and people to enjoy. He stated he was also concerned about the loss of property value on a house they just purchased. He stated they also did not receive any notice of this item being discussed. Mr. Tremble wondered why other areas in the City were not looked at for the site of the antenna. Mrs. Tremble stated she is taking care of her mother who has cancer and she does not want her to be exposed to anything harmful. She also noted she has a daycare and does not want the kids to play on or near the tower or to lose business because of an antenna being put in the park by them. Mrs. Jan Anderson, 1368 Yukon Street, stated this is a segway to what the previous speakers mentioned. She stated she has lived in this neighborhood for 21 years and has seen the weather that goes through there. The park is rather low and they have had any number of straight line winds go through the park. She did not think a tower would be feasible. There is also very sandy soil there which would not support the tower. Ms. Patricia Greyheck, 13678 Yukon Street, stated she was at the last meeting for this and discussion regarding the possibility of the tower falling in the street if it did not fall on itself. She wondered about the safety of the people who use the park. She also wondered if the City was going to reimburse the residents for the loss of value to their homes because of this. Mr. John Lexxon, 13564 Hidden Creek Drive, stated his concern has to do with the right of way. He thought utilities had to purchase right of way to put in utilities and he wondered why this does not need to be done. He also wondered how the park will benefit from this and how will it be improved. Chair Butler stated they do not have current plans for the park because they do not budget for it until they actually have the money. Mr. Lexxon wondered how much will the City get for the antenna being placed in the park. Mr. Haas stated it had not been determined yet. Mr. Lexxon stated he did not want this antenna in their park because there are commercial properties in the area that could be used. Ms. Kate Morphew, 13682 Xavix Street NW, thanked the Commission for letting them present their case. She stated she lives a block and a half away and her kids use the park all the time and the park is always packed. She stated Andover is known for their parks and parks are made for people to enjoy them, not to increase revenue. Mr. Joseph Bush, 2586 135th Lane NW, stated he has lived there for about twelve years and the reason he moved to Andover was because of the parks. He stated towers do not belong in parks, they are meant for people. Chair Butler stated one of the concerns with the residents were what other locations were looked at. Mr. Schulz stated other locations were considered and they looked at all the applied. They --;;;; have a ring they work with just south to this site and this is the best spot for this. He stated it is not an easy situation to come in and build in a park. They are doing it because it is their only option in this area because they would lose coverage for the connecting sites. Mr. Schulz stated they were open to designing the tower to suit the City's requirements and would be willing to screen it. He stated they do have an anti-climb tower so kids cannot climb on it and they would also be willing to put up a six foot fence that would be tilted so balls would not go into the area. Mr. Schulz stated to his knowledge there is not affect on property taxes what so ever. It is common to see towers throughout cities now. Chair Butler stated there was concern about electro-magnetic fields. Mr. Schulz stated they are normally at one quarter of what one cell tower emits. He stated there is no need for fear of exposure. Chair Butler asked what the fall rate is on towers like this. Mr. Schulz stated this tower is a monopole tower which is the safest tower out there and is intended to fall on itself. He stated they will go through the same inspection and review process that any building in Andover goes through. Commissioner Kowalewski stated there is photo in the packet of a generator enclosed with a wire fence opened at the top and he wondered ifthis was what they would have. Mr. Schulz stated typically the applications they have put in are six foot fences open at the top but the Planning Commission has requested they put a fence over the top of it so balls would roll off and they are willing to do that. Commissioner Kowalewski asked for clarification on the strategic investors in their company. Mr. Schulz explained to the Commission the financial aspect of his company and noted it was a very solid and liquid company. Chair Butler asked ifthere were other parks besides Prairie Knoll that has antenna's. Mr. Haas indicated Prairie Knoll Park will be the first one with an antenna. Chair Butler stated these are not easy decisions to make and the City is facing tight financial times and continuing to pay for maintenance for the parks is challenging for the City. Paying for any Capital Improvements is off the table for a while so no improvements will be made. The City Council needs to weigh the pros and cons and decide what the best course of the City is overall. He appreciated the residents coming out and voicing their comments. Commissioner Lindahl stated one of the things brought forth was the recreational use of the facility itself and he thought if the tower does go in there is opportunity for another field of people for recreation use of the cellular ofwi-fi so he thought they needed to consider that also because the people who do not use the park would benefit from that. :,~ Commissioner Miskowiec stated he did have a question about the location and wondered if it could be placed closer to Bunker Lake Boulevard so it blends in better with the lights. He stated he did not like the placement to be in the middle of the park. He was looking to the future if they wanted to redo the park and how it would affect how the park is reconstructed. Commissioner Lindahl did not think the park would be reconstructed because it was recently redone. Mr. Haas stated at the stafflevel they looked at placing the tower on the north side along Bunker Lake Boulevard between the field and it does not meet the setback requirements. They would have to go through the variance process to do that and ifit fell it would fall outside of the boundaries of the park. The Commission discussed with staff alternate placement of the tower in the park. Commissioner Van Vark stated he understood the concerns from the neighborhood about safety. He wondered how far the City wanted to go in allowing parks to be a good place to put revenue generated things. He wondered if it would stop once allowed. Chair Butler stated it comes down to a question of how appropriate it is and if they are going to allow it what would they like to see in terms ofthe location and requirements as far as how it is built and what surrounds it in terms of vegetation and security features. Mr. Schulz reviewed the set back requirements of the City with the Commission and how they have followed the City Code in order to determine where the tower will work. The Commission reviewed some alternate sites in the park. A suggestion was to place it by the skating rink if a light could be placed on it for the rink. Mr. Schulz indicated they would be willing to put a light on it for use for the rink and the ballfield. Chair Butler preferred the site closer to Bunker Lake Boulevard, out ofthe center of the park and would encourage the Commission to require that slats be placed in the fence to block the view of the equipment and City Staff put together a recommendation for natural screening around the fence including evergreen trees. He also asked they stick with the Planning Commissions recommendation of using a tiered fencing structure to keep both balls and kids out of the area of the equipment. Commissioner Kowalewski agreed with not having it in the center ofthe park. He fully understood a lot of the residents worry about the parks. He liked to look at this as long term for maintenance of the park. He recommend that they try to find a location closer to the road. Commissioner Lindahl agreed that providing there is enough space along the road to move it out of the center of the park. Commissioner Ramnath agreed with the screening and vegetation and agreed with also moving it closer to Bunker Lake Boulevard if possible. He did not think this was something that could be ignored technology wise and will happen eventually. He thought it will be a great service for the community and a security light would be a great addition to the park. )4 Motion by Lindahl, seconded by Ramnath, to recommend to the City Council approval to install a wireless internet service antenna in Hidden Creek North Park with the considerations that the Commission would like to see it closer to Bunker Lake Boulevard and that they would also get the option to see the screening prepared for the location. Motion carried on a 5-ayes, I-nays (Van Vark), I-absent (Hupp) vote. :,C) ~ 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 Will Neumeister, Community Developme FROM: Courtney Bednarz, City Plann~ SUBJECT: Consider Conditional Use PermitJRose Park/Clear Wireless LLC - Planning DATE: February 3, 2010 INTRODUCTION Clear Wireless LLC is seeking to locate a wireless internet antenna array at the top of a city water tower located on this city park property. A conditional use permit is required to locate antennas above 35 feet in height. The water tower is 140 feet tall. DISCUSSION The attached photo simulation illustrates what the antenna will look like from ground level. The attached site plan shows the location of the tower within the park and the surrounding park improvements, trees and residential homes. Additional attachments show the top and all four side views of the tower, including the proposed antenna installation. As with all antenna installations, some ground mounted equipment will be necessary. For this installation a small cabinet will be located inside the base of the water tower. Review Criteria 12-14-6 B. provides the following general 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 Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. City Code 9-12 provides the specific requirements for antennas and towers. The proposal meets the height, location, design and setback requirements of City Code 9-12. The collocation requirements of9-12-6 do not apply due to the fact that a new tower is not part of the proposal. Additional future users would need to be evaluated on a case by case basis. Location This site was selected as one of five proposed antenna locations in the city to provide wireless internet coverage to the more densely populated areas of the city. Future Changes It is anticipated that the water tower will be removed from the park in the next 5 to 10 years. It will not be necessary to reconstruct a new water tower in the park. The applicant has requested the ability to construct a monopole tower to continue to provide coverage to this area of the city at that time. City Code 9-12-3 requires a conditional use permit amendment to review any proposed changes. Radio Frequency Emissions and Interference with Other Signals The applicant will be present to address these items. Generally, studies conducted and monitored by the United States Federal Communications Commission have found that these types of installations do not pose a threat to humans. Additionally, the applicant is required by the FCC to be licensed to use a specific frequency to prevent interference with other signals. The applicant has provided documentation indicating compliance with FCC requirements. Park and Recreation Commission Recommendation The Commission unanimously recommended approval of the proposed conditional use permit. They also requested an opportunity to review changes to the site when the water tower is removed and the applicant requests approval of a new telecommunications tower. Planning Commission Recommendation The Commission unanimously recommended approval of the proposed conditional use permit subject to the conditions listed in the attached resolution. ACTION REQUESTED The Council is asked to approve or deny the proposed conditional use permit request. ~' o y eonarz Attachments Resolution Location Map Photo simulation Site Plan Additional Tower Views Applicant's Letter Planning Commission Minutes Cc:DavidHagen 10715 39th Avenue North Plymouth, MN 55441 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING THE CONDITIONAL USE PERMIT REQUEST FOR A WIRELESS INTERNET ANTENNA INSTALLATION FOR CLEAR WIRELESS LLC LOCATED ON THE CITY WATER TOWER IN ROSE PARK LOCATED AT 14057 ROSE ST NW AND DESCRIBED AS CITY PARK, NORTHGLEN, ANOKA COUNTY, MINNESOTA. WHEREAS, Clear Wireless LLC has requested a conditional use permit to install a wireless antenna array on the city water tower 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 has reviewed the request and has determined that said request meets the criteria of City Code, 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 request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the conditional use permit for a wireless internet antenna array, subject to the following conditions: 1) The applicant shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site. 2) The antennas and associated equipment shall conform to the plans revised November 10,2009. 3) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition than currently exists. 4) The applicant shall be required to obtain a conditional use permit amendment to construct a monopole on the site at the time the existing city water tower is removed. 5) The conditional use permit shall be subject to a sunset clause as defined in City Code 12-14-6. 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BUELL CONSULTING, INC. .... 2324 University Avenue West, Suite 200 Site Acquisition Saint Paul, Minnesota 55114-1854 Permitting Est. 1991 (651) 225-0792 Fax (651) 225-0795 November 18, 2009 Andover City Council and Planning Commission City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304-2612 RE: Clear Wireless LLC Applications for Conditional Use Permits To Attach Antennas to City of Andover Water Towers Dear Andover City Council and Planning Commission: With this letter and enclosures, Clear Wireless LLC (Clearwire) is applying for conditional use permits to attach antennas to City of Andover water towers at 1717 Crosstown Boulevard NW (#MN-MSP304) and at 14055 Rose Street NW (#MN- MSP422) in Andover and to locate ground equipment inside the base of these towers. Relating to these requests, enclosed are the following: 1. Application forms for each of the sites signed by me as agent for Clearwire; 2. Two checks in the amount of $400 each for the application fee these antenna sites (two additional checks in the amount of$130 each to cover the public notification sign and the recording fee are forthcoming); 3. A set of plans for each of the sites consisting of small and large scale site plans and north, east, south and west elevation plans; 4. A photograph of each of the water towers with antennas simulated on them; and 5. A letter from Radio Frequency Engineer Gyan Pandey of Clearwire addressing interference with public safety telecommunications, service coverage in the City of Andover and FCC emission regulation compliance. Two maps are attached which model service coverage in the City without and with the five proposed Andover sites activated. Clearwire is a high speed broadband internet provider based in Kirkland, Washington who has launched service in numerous major and minor metropolitan areas in the country. The service is intended to serve the in-building residential and small commercial market and as a result a dense pattern of sites spaced a little more than one mile apart is required. Clearwire's standard antenna configuration consists three panel antennas about four feet long by one foot wide and three microwave dish antennas 26" in diameter. The Crosstown site has a fourth microwave dish antenna. The area surrounding the antenna site is, for coverage purposes, divided into three sectors and panel antenna are oriented at 30 degrees, 150 degrees and 270 degrees to serve these sectors. A small radio and a dish antenna which serves to "network" or tie the sites together are located next to the panel antennas. Equipment consists of a base station (43"H x 47"W x 30''0) is located on the ground, in these cases inside the base of the towers. . . Page 2- November 18,2009 Letter to Andover City Council and Planning Commission Our understanding is that the Planning Commission will consider these conditional use permit requests at their meeting on December 8, 2009, if the City Council decides to move ahead \vith these two antenna sites at its meeting on November 24. Please contact me at 763-245-4852 or DAHagen@Live.com if additional information is required. Thank you. frJ~ David Hagen, B I Consulting, Inc. Agent for Clear Wireless LLC Regular Andover Planning and Zoning Commission Meeting Minutes-January 12,2010 Page 11 PUBLIC HEARING: CONDITIONAL USE PERMIT 10-05 TO CONSIDER TELECOMMUNICATIONS ANTENNAS FOR CLEAR WIRELESS, LLC ON CITY WATER TOWER LOCATED AT 14057 ROSE STREET NW Mr. Bednarz noted Clear Wireless, LLC is seeking to locate a wireless internet antenna array at the top of a city water tower located on this city park property. A conditional use permit is required to locate antennas above 35 feet in height. The water tower is 140 feet tall. Mr. Bednarz reviewed the staff report with the Commission. Commissioner Falk asked if Clear Wireless will need access to the inside of the tower. Mr. Bednarz stated they will need access occasionally and will be required to notify the City when access is needed. Motion by Walton, seconded by Falk, to open the public hearing. Motion carried on a 6- ayes, a-nays, I-absent (Casey) vote. Mr. Dale Rungie, 14026 Rose Street NW, asked if there will there be interference with his existing internet and is there also any health hazards associated with this tower. He also wondered if the residents would be getting revenue from this. Chairperson Daninger stated the representative will answer his questions but the residents would not get revenue from this, the City will generate revenue to be used within the park. Mr. Dave Hagen, representing Clear Wireless, LLC, stated they do have five sites planned for Andover to provide coverage to the community. They have some sites outside of Andover, which will also provide coverage to parts of the City as well. He noted this will not interfere with other interest services. Motion by Walton, seconded by Falk, to close the public hearing. Motion carried on a 6- ayes, a-nays, I-absent (Casey) vote. Motion by Falk, seconded by Kirchoff, to recommend approval of the Conditional Use Permit request. Motion carried on a 6-ayes, a-nays, I-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Park Commission at the January 21,2010 meeting. PUBLIC HEARING: CONDITIONAL USE PERMIT 10-04 TO CONSIDER TELECOMMUNICATIONS ANTENNAS FOR CLEAR WIRELESS, LLC ON CITY WATER TOWER LOCATED AT 1717 CROSSTOWN BOULEVARD NW Mr. Bednarz stated Clear Wireless, LLC is seeking to locate a wireless internet antenna at the top and sides of the city water tower located adjacent to City Hall. A conditional use C!Q) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.C . OVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator Will Neumeister, Community Develop FROM: Courtney Bednarz, City Plann4- SUBJECT: Consider Conditional Use Permit/1717 Crosstown Boulevard NW/Clear Wireless LLC- Planning DATE: February 3, 2010 INTRODUCTION Clear Wireless, LLC is seeking to locate a wireless internet antenna at the top and sides of the city water tower located adjacent to City Hall. A conditional use permit is required to locate antennas above 35 feet in height. The water tower is 166 feet tall. DISCUSSION The attached photo simulation illustrates what the antennas will look like from ground level. Additional attachments show the top and all four side views of the tower, including the proposed antenna installation. As with all antenna installations, some ground mounted equipment will be necessary. For this installation a small cabinet will be located inside the base of the water tower. Review Criteria 12-14-6 B. provides the following general 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 Commission and: a. The effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding lands. b. Existing and anticipated traffic conditions, including parking facilities on adjacent streets and land. c. The effect on values of property and scenic views in the surrounding area, and the effect of the proposed use on the Comprehensive Plan. City Code 9-12 provides the specific requirements for antennas and towers. The proposal meets the height, location, design and setback requirements of City Code 9-12. The collocation requirements of 9-12-6 do not apply due to the fact that a new tower is not part of the proposal. Additional future users would need to be evaluated on a case by case basis. Location This site was selected as one of five proposed antenna locations in the city to provide wireless internet coverage to the more densely populated areas of the city. Radio Frequency Emissions and Interference with Other Signals The applicant will be present to address these items. Generally, studies conducted and monitored by the United States Federal Communications Commission have found that these types of installations do not pose a threat to humans. Additionally, the applicant is required by the FCC to be licensed to use a specific frequency to prevent interference with other signals. The applicant has provided documentation indicating compliance with FCC requirements. Planning Commission Recommendation The Planning Commission unanimously recommended approval of the proposed conditional use permit subject to the conditions listed in the attached resolution. ACTION REOUESTED The Council is asked to approve or deny the proposed conditional use permit. Attachments Resolution Location Map Photo simulation Site Plan Additional Tower Views Applicant's Letter Planning Commission Minutes Cc:DavidHagen 10715 39th Avenue North Plymouth, MN 55441 CITY OF ANDOVER COUNTYOFANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING CONDITIONAL USE PERMIT REQUEST FOR A WIRELESS INTERNET ANTENNA INSTALLATION FOR CLEAR WIRELESS, LLC ON THE CITY WATER TOWER LOCATED AT 1717 CROSSTOWN BOULEVARD NW AND DESCRIBED ON ATTACHMENT A WHEREAS, Clear Wireless, LLC has requested a conditional use permit to install a wireless antenna array on the city water tower 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 has reviewed the request and has determined that said request meets the criteria of City Code, 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 request; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover hereby agrees with the recommendation of the Planning Commission and approves the conditional use permit for a wireless internet antenna array, subject to the following conditions: 1) The applicant shall execute an agreement acceptable to the City of Andover prior to commencing construction on the site. 2) The antennas and associated equipment shall conform to the plans revised November 11,2009. 3) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition than currently exists. 4) 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 _ th day of ,2010 CITY OF ANDOVER ATTEST: Michael R. Gamache, Mayor Michelle Hartner, Deputy City Clerk Resolution R EXHIBIT A Legal Description THE W 330 FT OF NE1/4 OF SE1/4 OF SEC 22 TWP 32 RGE 24, EX THAT PRT OF FOL DESC TRACT L YG WITHIN SD W 330 FT: COM AT A PT ON E LINE OF SD 1/4 1/4 935.81 FT NL Y OF SE COR THEREOF, SD E LINE HAS ASSD BRG OF N 0 DEG 42 MIN 30 SEC W TH W 125.01 FT TO W R/W LINE OF CSAH NO 78 & POB, TH NO DEG 42 MIN 30 SEC W ALG SD W R/W LINE 41.34 FT, TH W 889.24 FT, TH S 0 DEG 21 MIN 31 SEC E 41.34 FT, TH E 29.86 FT, TH S 503 FT, TH W 17.47 FT, TH S 20 DEG 49 MIN 09 SEC E 55.74 FT, TH E 206.56 FT, TH EL Y 109.76 FT ALG A TAN CUR CONC TO S HA V A RAD OF 581.33 FT & A CEN ANG OF 10 DEG 49 MIN 06 SEC, TH EL Y 95.26 FTALG A REV CUR CONC TO N HA V A RAD OF 168.67 FT & A CEN ANG OF 32 DEG 21 MIN 29 SEC, TH EL Y 105.76 FT ALG A REV CUR CONC TO S HA V A RAD OF 281.33 FT & A CEN ANG OF 21 DEG 32 MIN 23 SEC, TH E TAN TO SDCUR 145.11 FT, TH S 20 FT, TH E 117.34 FT, TH N 557 FT TO INTER/W A LINE DRAWN W FROM POB, TH E 82.29 FT TO POB, EX RD, SUBJ TO EASE OF REC ~NDbVE~ Conditional Use Permit Incorporated Clear Wireless LLC 1974 1717 Crosstown Boulevard NW ~ V lii/!!!I!! 12 ~:J:;I~J'I~I12 -.iE - - - - -:l:L '-L~ 15506 t<Jr~ ~/~ '5'" HUll---' 15~ g~ 15541 7.sg.,;-- r- ~ 1778 :i ~1~1~lr 8 ~ 1641 ~ ~ :!} $ ... ~if:I' ~~ ~l:155i ........... 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I ~I' , ~ I. I I ! fiI~~ :;l:!~ \ ~~~ . ! . ~ ! ~ g z! o' 'I i= ~ I ~ i Ii w' ..J ! , !i' wi ~[ h[ ~; Q: l O! z! . BUELL CONSULTING, INC. .... 2324 University Avenue West, Suite 200 Site Acquisition Saint Paul, Minnesota 55114- 1854 Permitting Est. 1991 (651) 225-0792 Fax (651) 225-0795 November 18,2009 Andover City Council and Planning Commission City of Andover 1685 Crosstown Boulevard NW Andover, MN 55304-2612 RE: Clear Wireless LLC Applications for Conditional Use Permits To Attach Antennas to City of Andover Water Towers . Dear Andover City Council and Planning Commission: With this letter and enclosures, Clear Wireless LLC (Clearwire) is applying for conditional use permits to attach antennas to City of Andover water towers at 1717 Crosstown Boulevard NW (#MN-MSP304) and at 14055 Rose Street NW (#MN- MSP422) in Andover and to locate ground equipment inside the base of these towers. Relating to these requests, enclosed are the following: 1. Application forms for each of the sites signed by me as agent for Clearwire; 2. Two checks in the amount of $400 each for the application fee these antenna sites (two additional checks in the amount of$130 each to cover the public notification sign and the recording fee are forthcoming); 3. A set of plans for each of the sites consisting of small and large scale site plans and north, east, south and west elevation plans; 4. A photograph of each of the water towers with antennas simulated on them; and 5. A letter from Radio Frequency Engineer Gyan Pandey ofClearwire addressing interference with public safety telecommunications, service coverage in the City of Andover and FCC emission regulation compliance. Two maps are attached which model service coverage in the City without and with the five proposed Andover sites activated. Clearwire is a high speed broadband internet provider based in Kirkland, Washington who has launched service in numerous major and minor metropolitan areas in the country. The service is intended to serve the in-building residential and small commercial market and as a result a dense pattern of sites spaced a little more than one mile apart is required. Clearwire's standard antenna configuration consists three panel antennas about four feet long by one foot wide and three microwave dish antennas 26" in diameter. The Crosstown site has a fourth microwave dish antenna. The area surrounding the antenna site is, for coverage purposes, divided into three sectors and panel antenna are oriented at 30 degrees, 150 degrees and 270 degrees to serve these sectors. A small radio and a dish antenna which serves to "network" or tie the sites together are located next to the panel antennas. Equipment consists of a base station (43"H x 47"W x 30"D) is located on the ground, in these cases inside the base of the towers. Page 2- November 18, 2009 Letter to Andover City Council and Planning Commission Our understanding is that the Planning Commission will consider these conditional use permit requests at their meeting on December 8, 2009, if the City Council decides to move ahead with these two antenna sites at its meeting on November 24. Please contact me at 763-245-4852 or DAHag;en@Live.com if additional information is required. Thank you. ~~ David Hagen, B 1 Consulting, Inc. Agent for Clear Wireless LLC Regular Andover Planning and Zoning Commission Meeting Minutes -January 12, 2010 Page 12 PUBLIC HEARING: CONDITIONAL USE PERMIT 10-04 TO CONSIDER TELECOMMUNICATIONS ANTENNAS FOR CLEAR WIRELESS, LLC ON CITY WATER TOWER LOCATED AT 1717 CROSSTOWN BOULEVARD NW Mr. Bednarz stated Clear Wireless, LLC is seeking to locate a wireless internet antenna at the top and sides of the city water tower located adjacent to City Hall. A conditional use permit is required to locate antenna above 35 feet in height. The water tower is 166 feet tall. Mr. Bednarz reviewed the information with the Commission. Motion by Falk, seconded by Walton, to open the public hearing. Motion carried on a 6- ayes, O-nays, I-absent (Casey) vote. Mr. Dave Hagen stated this item is similar to the one just discussed and was available to answer questions. Chairperson Daninger asked if the antennas on the lower unit be painted to match the water tower. Mr. Hagen stated they would be. Chairperson Daninger asked why they were going to use split antennas. Mr. Hagen stated they did want more height with the microwave dish antenna above the tower. They needed more height with the point to point network. He stated they needed to be lower with the coverage antennas to reach the homes and businesses that will actually use the service. Commissioner Falk asked if this antenna will talk to the one in the park. Mr. Hagen was not sure but he thought it would. Motion by Walton, seconded by Kirchoff, to close the public hearing. Motion carried on a 6-ayes, O-nays, l-absent (Casey) vote. Motion by Kirchoff, seconded by Walton, to make a recommendation of approval to the City Council on the Conditional Use Permit. Motion carried on a 6ayes, O-nays, l-absent (Casey) vote. Mr. Bednarz stated that this item would be before the Council at the February 3, 2010 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. (TI) 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CJ.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clerk SUBJECT: Schedule Local Board of Appeal & Equalization Meeting DATE: February 3, 2010 INTRODUCTION The Council is requested to schedule the Local Board of Appeal & Equalization Meeting. DISCUSSION The City Council had submitted two dates (April 22nd or April 19th) to the Anoka County Assessor's Office for the Local Board of Appeal & Equalization Meeting. Anoka County was able to accommodate the request of April 22, 2010. ACTION REOUIRED The City Council is requested to schedule the Local Board of Appeal & Equalization Meeting for April 22, 2010 at 7:00 p.m. Respectfully submitted, CfJ;~~ Michelle Hartner Deputy City Clerk C I T Y 0 F @ NDOVE 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers FROM: Jim Dickinson, City Administrator SUBJECT: Administrator's Report DATE: February 3,2010 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. CITY OF ANDOVER 2010 Month! Buildin~ Renort I . I TO: Mayor and City Council FROM: Don Olson JANUARY BUILDING PERMrrS PermitJPlan Tax Total Valuation 4 Residential $ 8,060.14 $ 366.50 $ 8,426.64 $ 733.000.00 Single Family 3 4,923.57 235.50 5,159.07 471.000.00 Septic I 3,136.57 131.00 3,267.57 262,000.00 Townhome - - - - - Additions - - - - Garages - - - 4 Basement Finishes 400.00 2.00 402.00 - 2 Commercial Building 271.64 4.40 276.04 8.800.00 Pole BldgsIBarns - Sheds I - - - Swimming Pools - - - Chimney/Stove/Fireplace - - 3 Structural Changes 162.00 2.50 164.50 4,500.00 - Porches I - . - Decks I - - Gazebos I - - I Repair Fire Damage 482.15 16.74 498.89 33,472.00 I Re-Roof I 75.00 0.50 75.50 . - I Siding I 75.00 0.50 75.50 - - Other I - - - I Commercial Plumbing 139.25 3.50 142.75 7,000.00 Commercial Heating - I Commercial Fire Sprinkler 25.00 0.50 25.50 1,000.00 - Commercial Utilities - - - - Commercial Grading . - - - I 18 Total Building Permits $ 9,690.18 $ 397.14 $ 10.087.32 $ 787.772.00 PERMrrS Permit/Plan Tax Total Fees Collected 18 Building Permits $ 9.690.18 $ 397.14 $ 10.087.32 All Building - - Curb Cut - Demolition - - Fire Permits - - Footing - Renewal - - Moving - - 16 Heating 1,220.00 8.00 1,228.00 2 Gas Fireplaces 150.00 1.00 151.00 14 Plumbing 640.00 7.00 647.00 73 Pumping 1,095.00 - 1,095.00 Septic New - - Septic Repair - - 3 Sewer Hook-Up 75.00 . 75.00 3 Water Meter 150.00 - 150.00 Sewer Change Over/Repair - - Water Change Over I - - 3 Sac Retainage Fee I 63.00 - 63.00 3 Sewer Admin. Fee 45.00 - 45.00 5 Certificate of Occupancy 50.00 50.00 4 License Verification Fee 20.00 I - 20.00 Reinspection Fee I I - - 20 Contractor License I 1,000.00 I - 1,000.00 3 Rental License. Single 150.00 I - 150.00 - Rental License - Multi I - - - Health Authority I - - - I I 167 TOTALS $ 14.348.18 I IS 413.14 $ 14.761.32 $ 787,772.00 , , I Total Number of Homes YTD I 2010 4 Total Number of Homes YTD 2009 I Total Valuation ITD I 2010 $ 787,772.00 Total Valuation YTDI I 2009 $ 291,750.00 Total Building Department Revenue ITD 2010 S 14,348.18 Total Building Department Revenue YTD 2009 $ 10.953.50 1685 CROSSTOWN BOULEVARD N.W. . ANDOVER, MINNESOTA 55304 . (763) 755-5100 FAX (763) 755-8923 . WWW.CI.ANDOVER.MN.US TO: Mayor & Council Members FROM: Jim Dickinson, City Administrator SUBJECT: Supplemental Agenda Item for February 3, 2010 City Council Meeting DATE: February 3, 2010 The City Council is requested to receive the following supplemental information. Closed Session Add-On Item. Land Purchase Negotiations PID# 29-32-24-44-0022/PID# 10-32-24-22-0012 (Supplemental)