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CC - March 2, 2010
? C I T Y CN Db 06 • -._... 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US Regular City Council Meeting —Tuesday, March 2, 2010 Call to Order — 7:00 p.m. Pledge of Allegiance Resident Forum Agenda Approval 1. Approval of Minutes (2/16/10 Regular; 2/16/10 Closed; 2/17/10 Workshop) Consent Items 2. Approve Payment of Claims — Finance 3. Approve Plans & Specs /Order Advertisement for Bids/09-22/Bunker Lake Blvd. NW Frontage Road/Jay Street Realignment - Engineering 4. Consider Approval Application for Exempt Permit/National Wild Turkey Federation — Administration 5. Debt Service Payment - Finance Discussion Items 6. Consider Conditional Use Permit/Andover Lions Park/Clear Wireless LLC — Planning 7. Consider Conditional Use Permit/Shadowbrook East Park/Clear Wireless LLC — Planning 8. Consider City Code Amendment/Exterior Storage of Commercial Vehicles & Other Storage Items - Planning Staff Items 9. Administrator's Report - Administration Mayor /Council Input Adjournment C I T Y O F I� ND OVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Clej SUBJECT: Approval of Minutes DATE: March 2, 2010 INTRODUCTION The following minutes were provided by TimeSaver for City Council approval: February 16, 2010 Regular Meeting February 16, 2010 Closed Meeting February 17, 2010 Workshop 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 REGULAR ANDOVER CITY COUNCIL MEETING — FEBRUARY 16, 2010 MINUTES The Regular Bi- Monthly Meeting of the Andover City Council was called to order by Mayor Mike Gamache, February 16, 2010, 7:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmember absent: None Also present: City Attorney, Scott Baumgartner Director of Public Works /City Engineer, Dave Berkowitz City Administrator, Jim Dickinson Community Development Director, Will Neumeister Others PLEDGE OFALLEGLANCE SPECIAL PRESENTATION —ANOKA CO UNTY SHERIFF Captain Wells presented to the Council the Andover Deputies for 2010. RESIDENT FORUM No one wished to address the Council. AGENDA APPROVAL None Motion by Jacobson, Seconded by Knight, to approve the Agenda as presented. Motion carried unanimously. APPROVAL OFMINUTES January 26, 2010, Workshop Meeting: Correct as amended. Councilmember Jacobson stated on page 1, line 43, the word "for" should be stricken. Page 5, line 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Regular Andover City Council Meeting Minutes —February 16, 2010 Page 2 & 8 it leaves the impression as written that the park will be used only for soccer and that was not the intention. It would be primarily used for soccer but would be used for other sports also. Councilmember Trude stated on the top line she would like the following added: "...to do the first phase of this project ". Councilmember Jacobson stated on page 6, lines 31 & 32 be deleted. Page 8, line 32, should read "filled with salt ". Councilmember Trude stated on line 36, they talked about the storage facility would be moved somewhere else on the property to get it out of view of the future roadway from Nightingale. Councilmember Jacobson stated on page 9, line 6, should read "salt storage shed throughout the year ". Councilmember Trude stated on line 37 the word installing should be "install ". Councilmember Trude stated on page 2, line 24, in regards to the community garden the sentence should read "... happy to include people who work in Andover and open it up if residents do not take all the plots." Line 42, the word electrical should be "mechanical equipment ". Motion by Jacobson, Seconded by Trude, to approve the minutes as indicated above. Motion carried unanimously. February 3, 2010, Regular Meeting: Correct as amended. Councilmember Trude stated on page 4, line 8, regarding the Clear Wireless Company, he explained how the network works with the other planned antennas. Line 11, Mr. Stultz stated what they are proposing are three tonight and a couple more will then be adequate because there are five proposed total. The sentence should end with "...to cover the southern portion of the City ". Page 5, line 2, add the word "in ". Line 42, she asked if someone rather than she was interested in purchasing wireless internet from them how would they go about doing this. Councilmember Trude stated on page 6, line 16, talks about moving the pole to the road and her statement should read "...close to the commercial and industrial areas which are across Bunker Lake Boulevard." Page 7, line 15, if they moved it closer to Bunker Lake Boulevard the word "pole" needs to be inserted. At the bottom of the page Councilmember Knight stated "there is a demand for wireless interest in Andover." Motion by Trude, Seconded by Jacobson, to approve the minutes as indicated above. Motion carried unanimously. February 3, 2010, Closed Session Meeting: Correct as amended. Councilmember Trude stated she had a question for staff about the number on page 1, line 45 asked if that included both properties or was it per property. Mr. Dickinson indicated he would correct the minutes to indicate the correct amount. Regular Andover City Council Meeting Minutes — February 16, 2010 Page 3 1 Motion by Trude, Seconded by Bukkila, to approve the minutes as indicated above. Motion carried 2 unanimously. 3 4 CONSENT ITEMS 5 6 Item 2 Approval of Claims 7 Item 3 Approve Plans & Specs /Order Advertisement for Bids /10- 2/2010 Street 8 Reconstruction (See Resolution R015 -10) 9 Item 4 Approve Resolution/10- 6/2010 Outdoor Recreation Grant Application/Andover 10 Station North Trail Connection (See Resolution R016 -10) 11 Item 5 Approve Resolution/10- 6/2010 Parks & Trails Legacy Grant Program/Andover 12 Station North Trail Connection (See Resolution R017 -10) 13 Item 6 Receive Acknowledgement Letter from BWSR/LRRWMO & CCWD Boundary 14 Changes /09 -28 15 Item 7 Approve Declaration of Encroachment Easement, Conditions and Covenants /09- 16 3I/Meadow Creek Estates Rain Garden Project 17 Item 8 Order Improvement/Order & Approve Plans & Specs /09 -34 /Traffic 18 Signal /Hanson Blvd NW & 133rd Avenue NW (See Resolution R018 -10) 19 Item 9 Annual Review /Temporary Greenhouse/Linder's Flower Mart/2218 Bunker Lake 20 Boulevard 21 Item 10 Approve Amended and Restated Joint Powers Agreement for a Coalition of 22 Metropolitan Communities — North Metro Mayors Association 23 Item 11 Approve Lease Agreement with Clear Wireless LLC /City Hall Water Tower 24 (Tower 2) (See Resolution R019 -10) 25 Item 12 Approve Lease Agreement with Clear Wireless LLC/Rose Park Water Tower 26 (Tower 1) (See Resolution R020 -10) 27 Item 13 Approve Assessment Re- Certification/PIN 13- 32 -24 -43 -0004 (See Resolution 28 R021 -10) 29 30 Motion by Jacobson, Seconded by Bukkila, approval of the Consent Agenda as read. Motion carried 31 unanimously. 32 33 34 ANOKA COUNTYSHER IFF'SDEPARTMENTMONTHLYREPORT 35 36 Captain Wells updated the Council on the Anoka County Sheriffs monthly report. 37 38 Laura Landes updated the Council on her community work in 2009. 39 40 Councilmember Jacobson asked if Ms. Landes could include the Council on the Friday Crime Watch 41 report list. Ms. Landes stated she would. 42 43 Councilmember Bukkila thought the investigator highlights in the Friday Crime Watch Report was a 44 good addition. Regular Andover City Council Meeting Minutes —February 16, 2010 Page 4 1 APPROVE COMMUNITY GARDEN PLOT APPLICATION & LEASE AGREEMENT /10 -3 2 3 Mr. Berkowitz stated the City Council is requested to approve Community Garden Plot 4 Application/Guidelines /Fees and Lease Agreement for the property owned by Grace Lutheran 5 Church at the intersection of Nightingale Street NW and 151St Lane NW. 6 7 Mr. Berkowitz reviewed the staff report with the Council. 8 9 Councilmember Knight asked if the plot corners will be permanent. Mr. Berkowitz stated as each 10 individual plot is rented they will put the name on the map and staff will mark the plots. 11 12 Councilmember Jacobson stated his only concern is on 151St Avenue and the concern for parking. 13 He stated they have discussed allowing cars to be parked on the property on the south side off the 14 street if there are problems. Pastor Hellmann indicated he did not have a problem with this. 15 16 Councilmember Bukkila asked what the City will do if they get complaints from residents regarding 17 dust blowing into their yards. Mr. Berkowitz stated there will be water on site and that should keep 18 the soil moist and if needed Public Works can water. Pastor Hellmann stated this happened years 19 ago and the church placed silt fencing on the property and could be done again if needed. He stated 20 they also met with the residents at the YMCA to get input and thought they might want to meet with 21 the residents again after a few months to see how things were going. 22 23 Councilmember Bukkila asked in regard to the lease, it is only for one year and if they do not 24 anticipate filling all the plots what would be their guarantee to get the money back if this should stop 25 before the money is recouped. Mr. Berkowitz stated there would not be any safeguards but they 26 could sell some of the soil back and there is a salvage value in the connections and equipment. 27 28 Motion by Jacobson, Seconded by Knight, to approve the application/guidelines /fees and the lease 29 agreement. 30 31 Councilmember Trude thought the lease was two years. Pastor Hellmann stated even if they are 32 going to be building there they will probably be on the back portion of the land so he envisioned this 33 garden to be there for awhile. 34 35 Mayor Gamache asked if they would advertise this at the March home and garden show. Mr. 36 Berkowitz thought this was a good idea and indicated it will also be in the next newsletter. 37 38 Mayor Gamache thanked Pastor Hellmann for all his help and generosity of the donation of land use 39 to the City. 40 41 Motion carried unanimously. 42 Regular Andover City Council Meeting Minutes —February 16, 2010 Page 5 1 SCHEDULE EDA MEETING 2 3 The Council is requested to schedule an Economic Development Authority (EDA) meeting at 4 6:00 p.m. before the March 2, 2010 City Council meeting. 5 6 Motion by Knight, Seconded by Trude, to schedule an EDA Meeting for March 2, 2010 at 6:00 p.m. 7 Motion carried unanimously. 8 9 10 SCHEDULE MARCH CITY COUNCIL WORKSHOP 11 12 The Council is requested to schedule a City Council Workshop for March 23, 2010. 13 14 Motion by Trude, Seconded by Bukkila, to schedule a City Council Workshop Meeting for March 15 23, 2010 at 6:00 p.m. Motion carried unanimously. 16 17 18 ADMINISTRATOR REPORT 19 20 City Administrator Dickinson updated the Council on the administration and city department 21 activities, meeting reminders, CIP Projects and development activity. 22 23 Director of Public Works /City Engineer Berkowitz updated the Council on Public Works 24 activities. 25 26 Chief Winkel stated the March 2010 Workshop meeting will be at the Fire Station. 27 28 MAYOR/COUNCIL INPUT 29 30 (Signal at 133d Avenue) — Mayor Gamache asked Mr. Berkowitz if they had any information on 31 the signal at 133`d Avenue and Hanson Boulevard. Mr. Berkowitz indicated it was approved and 32 projected to be completed by late summer. 33 34 (Donation Thanks) — Councilmember Bukkila stated she ran into a Coon Rapids High School 35 parent thanking her for the City's charitable donation to the school for the Senior All Night Party. 36 She stated the City of Coon Rapids does not do anything. 37 38 (Community Service Activities) — Councilmember Trude stated she continues to be involved with 39 the Community Education Advisory Council for School District #11. She updated the Council 40 on what has been happening the last few months. 41 42 43 The Council recessed at 8:30 p.m. to go into a closed session to discuss Public Works Union 44 Negotiations Update and Easement Negotiations PID #10- 34- 24 -22 -12 & PID #10- 32 -24 -33 -0015. Regular Andover City Council Meeting Minutes —February 16, 2010 Page 6 The Council returned to the City Council meeting at 9:00 p.m. 2 3 Motion by Jacobson, Seconded by Bukkila, to adjourn. Motion carried unanimously. The meeting 4 adjourned at 9:00 p.m. Respectfully submitted, Susan Osbeck, Recording Secretary Regular Andover City Council Meeting Minutes — February 16, 2010 Page 7 REGULAR ANDOVER CITY COUNCIL MEETING MINUTES — FEBRUARY 1612010 TABLE OF CONTENTS PLEDGEOF ALLEGIANCE ....................................................................... ............................... 1 SPECIAL PRESENTATION — ANOKA COUNTY SHERIFF ................... ............................... 1 RESIDENTFORUM .................................................................................... ............................... 1 AGENDAAPPROVAL ................................................................................ ............................... 1 APPROVALOF MINUTES ......................................................................... ............................... 1 CONSENTITEMS ....................................................................................... ............................... 3 Approvalof Claims ............................................................................... ............................... 3 Approve Plans & Specs /Order Advertisement for Bids /10- 2/2010 Street Reconstruction (See Resolution R015 -10) ............................................................... ............................... 3 Approve Resolution/10- 6/2010 Outdoor Recreation Grant Application/Andover Station North Trail Connection (See ResolutionR016- 10) .......................... ............................... 3 Approve Resolution/10- 6/2010 Parks & Trails Legacy Grant Program/Andover Station North Trail Connection (See Resolution R017- 10) ......................... ............................... 3 Receive Acknowledgement Letter from BWSR/LRRWMO & CCWD Boundary Changes /09 -28 ................................................................................. ............................... 3 Approve Declaration of Encroachment Easement, Conditions and Covenants /09- 31/Meadow Creek Estates Rain Garden Project ............................. ............................... 3 Order Improvement /Order & Approve Plans & Specs /09 -34 /Traffic Signal/Hanson Blvd NW & 133rd Avenue NW (See Resolution R018 -10) ..................... ............................... 3 Annual Review /Temporary Greenhouse /Linder's Flower Mart/2218 Bunker Lake Boulevard........................................................................................ ............................... 3 Approve Amended and Restated Joint Powers Agreement for a Coalition of Metropolitan Communities — North Metro Mayors Association .......................... ............................... 3 Approve Lease Agreement with Clear Wireless LLC /City Hall Water Tower (Tower 2) (See Resolution R019 -10) ............................................................... ............................... 3 Approve Lease Agreement with Clear Wireless LLC/Rose Park Water Tower (Tower 1) (See ResolutionR020 -10) ................................................................ ............................... 3 Approve Assessment Re- Certification/PIN 13- 32 -24 -43 -0004 (See ResolutionR021 -10).. 3 ANOKA COUNTY SHERIFF'S DEPARTMENT MONTHLY REPORT . ............................... 3 APPROVE COMMUNITY GARDEN PLOT APP. & LEASE AGREEMENT /10- 3 ................ 4 SCHEDULEEDA MEETING ...................................................................... ............................... 5 SCHEDULE MARCH CITY COUNCIL WORKSHOP .............................. ............................... 5 ADMINISTRATORREPORT ..................................................................... ............................... 5 MAYOR/COUNCIL INPUT ........................................................................ ............................... 5 Signalat 133rd Avenue .......................................................................... ............................... 5 DonationThanks ................................................................................... ............................... 5 Community Service Activities .............................................................. ............................... 5 ADJOURNMENT......................................................................................... ............................... 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ANDOVER CITY COUNCIL WORKSHOP MEETING —FEBRUARY] 71 2010 MINUTES The Workshop Meeting of the Andover City Council was called to order by Mayor Mike Gamache, February 17, 2010, 6:00 p.m., at the Andover City Hall, 1685 Crosstown Boulevard NW, Andover, Minnesota. Councilmembers present: Sheri Bukkila, Don Jacobson, Mike Knight, Julie Trude Councilmembers absent: None Also present: City Administrator, Jim Dickinson City Planner, Courtney Bednarz Associate Planner, Angie Perera APPROVE AGENDA Agenda approved as submitted. CONSIDER OPEN SPA CE AD VISOR Y COMMISSION RECOMMENDA TION Mr. Bednarz summarized the Anoka Independent Grain and Feed Inc. Site, White Pine Wilderness Site, and the Selmer/Kuiken Properties that the Open Space Commission recommended the City purchase for open space. Councilmember Jacobson asked if the Commission took into the consideration that if the property was not purchased, it probably would not be developed anyway. Deric Deuschle, Chairman of the Open Space Commission, stated the Commission had taken this into consideration and in some situations the City would have control of the access to the property and that is the reason for the recommendation. He noted the Commission ranked the Anoka Grain and Feed Site as the first priority. Councilmember Jacobson asked if the current property owners are still in the selling mode. Mr. Deuschle responded he believed the owners are still willing to sell. Chairman Deuschle stated the Anoka Grain and Feed site is adjacent to the Rum River and the access to the river was something that could not be duplicated in other areas. He noted this is a wet area and prone to flooding and with the park along the easterly border of the site that would provide easy public access. Councilmember Trude asked if the park had been developed. Mr. Bednarz responded it had not. Andover City Council Workshop Meeting Minutes —February 17, 2010 Page 2 1 Councilmember Jacobson asked what the plans are for the southern parcels. A representative of 2 Anoka Grain and Feed stated the land is still being farmed and eventually it would be developed, but 3 it is still in agricultural preserve, so nothing could be done for eight years. 4 5 Councilmember Trude asked if streets would be an issue. Mr. Bednarz responded there are roads to 6 connect to. 7 8 Councilmember Knight noted they would need some kind of a parking area. He asked how many 9 cars would be able to park. Chairman Deuschle responded if they had access to the entire area, there 10 would likely just need to be some street parking. 11 12 Councilmember Knight stated if people are spending money on the purchase, they would want 13 access. 14 15 Mayor Gamache noted there could be some off street parking off of the cul -de -sac by the park. He 16 indicated it could be a gravel parking area. 17 18 Chairman Deuschle stated White Pine Wilderness is a platted area. He noted this area provided an 19 opportunity to work closely with a development. He indicated this would have good access as there 20 are existing roads already. He noted the drawback is that a part of the area is already built out. 21 22 Councilmember Jacobson noted an issue with this property is that there is no parking available. 23 24 Larry Emmerich, White Pine Wilderness property owner, stated he would provide a trail to the 25 property once the property is purchased so people would have immediate access to the property. He 26 stated he was waiting to fill up White Pines Wilderness phase 1 before he continued with phase 2. 27 He noted the street would go through right up to the property and end in a cul -de -sac. He stated the 28 only real wet part is in the front part by 161" Avenue where there are two acres of cattails. He noted 29 the rest of the site is grass and trees and could be walked and as far as he knew it only had water 30 there twice in the 16 years he had owned the property. 31 32 Chairman Deuschle stated the first site was more preservation along the river and this site is not for 33 preservation, but it is in a developed area, may require some restoration, but had good access. He 34 stated this site would be a nice tie into a trail along a busier area. He believed this is a different way 35 of looking at this site than the Anoka Grain and Feed site. He noted there are some advantages on 36 this site that the other sites did not have. 37 38 Councilmember Bukkila asked where this fit into the overall trail area. Mr. Emmerich responded he 39 would continue the trail to the property if the property is purchased. He noted a trail is in the area 40 and it would not be difficult to connect the trail up. 41 42 Councilmember Jacobson asked what year the tax figures are based on. Mr. Dickinson responded 43 they were numbers used for the 2010 budget, the time stamp would be around September of 2008. 44 Andover City Council Workshop Meeting Minutes — February 17, 2010 Page 3 1 Councilmember Trude asked if the preliminary plat would need to be redone. Mr. Emmerich 2 responded the preliminary plat would need to be done again. He noted with the open space option, 3 he is also changing the roads, but he would not do the preliminary plat to sell the property. 4 5 Chairman Deuschle stated the Selmer /Kuiken properties are being looked at together since they were 6 ecologically good and was mostly upland. He noted the Selmer property is landlocked and had no 7 access, unless Kuiken granted an access to Hanson Boulevard. He noted Kuiken is waiting for an 8 offer from the City for the purchase of the property. 9 10 Councilmember Knight asked if the City received a DNR grant, would hunting have to be allowed. 11 Mr. Bednarz responded hunting would have to be allowed in order to receive a DNR grant. 12 13 Councilmember Trude stated she had somebody call her who lived on the east side of Crooked Lake 14 and had offered to sell his property as two other properties are up for sale next to him. She noted the 15 City might be able to get a grant for water quality and return the properties to a natural state. She 16 stated this might be something to think about for the future. 17 18 Mayor Gamache noted open space money could not be used for returning property to open space and 19 for redeveloping the property. Mr. Dickinson stated the City could meet the question, but would ask 20 were they meeting the spirit of how the referendum was proposed. 21 22 Mr. Dickinson asked for permission to proceed with the appraisals so they had a better idea of the 23 costs. 24 25 Councilmember Knight asked if the Rum River property would be looked on more favorably by the 26 DNR since that property is a natural area. Chairman Deuschle responded he believed the DNR 27 would look more favorably on this parcel. He stated it is the Commission's recommendation to look 28 at the property along the Rum River first and apply for the grant on that property, but to start 29 negotiating on White Pines Wilderness at the same time. 30 31 Councilmember Knight recommended they look at the first two properties now. Chairman Deuschle 32 stated the Commission is recommending exploring the value of the properties first. 33 34 Councilmember Jacobson stated he believed they needed to apply for the grant and obtain an 35 appraisal on the Anoka Independent Grain and Feed Inc. Site, but he is not sure if he supported the 36 White Pines Wilderness site at this time. 37 38 Council consensus was reached to apply for the grant and obtain an appraisal on the Anoka 39 Independent Grain and Feed Inc. site, and explore the purchase price for the White Pine Wilderness 40 site. 41 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Andover City Council Workshop Meeting Minutes — February 17, 2010 Page 4 WIND TURBINE DISCUSSION Ms. Perera stated she is checking as to whether the Council is still interested in regulating wind turbines and if so, what lot restrictions are the Council looking for. She stated she had spoken with the City Attorney and it was his recommendation that the Council either approve or restrict them in the City before somebody challenged the Ordinance. Councilmember Knight stated he would be in favor of a moratorium until there is an inquiry for a wind turbine. He asked if the windmills on the farms within the City would be affected. Mr. Dickinson responded for agricultural purposes windmills are allowed, as long as they are not generating electricity to be sold to the grid. He noted a moratorium was stating that the City was still in the process of looking at wind turbines. He did not believe a wind turbine would be requested within the next couple of months and with a moratorium there is a process that would need to be followed and the Council must have a conclusion at the end of the moratorium. Mr. Bednarz indicated a moratorium could be for 18 months and then it could be renewed for another 18 months. Councilmember Trude expressed concern that somebody could come in and build whatever they wanted before the City had regulations. She believed there is a gap in the Ordinances regarding wind turbines. Councilmember Jacobson stated due to the density of the lots, in the southern part of the City wind turbines are not practical due to the topography. He noted in the northern part of the City on a 2.5 acre lot with restrictions, a lot of those lots are also not suitable. He indicated if this is a conditional use permit process, the cost would be around $1,000 for a CUP which would price most of the people out of entering an exploration of placing a turbine. He indicated he is not in favor of wind turbines as there is not enough wind around the City and a person would not recover their money by putting a wind turbine in. Mayor Gamache stated a moratorium set an expectation that something is going to be done. Mr. Dickinson recommended adopting what the Council currently had and if Council wanted to make it stricter they could do that in the future. He noted what the Council had before them is very strict. He stated a wind turbine needed a 12 -15 mph average daily wind speed and Andover had an average daily wind speed of approximately 9 mph, so it would not be cost effective for a resident to put one in, one put in would be more of a personal statement. Councilmember Jacobson recommended staff separate the residential and business sections. Mr. Dickinson asked if they should all be conditional use permits. Council agreed they should all be CUP's. Andover City Council Workshop Meeting Minutes — February 17, 2010 Page 5 1 2 HUNTING REGULATION DISCUSSION 3 4 Mr. Bednarz believed there is somewhat of a band -aid approach being taken, after further discussion 5 amongst staff, staff would like the opportunity to look at this further. 6 7 Tony Howard stated he is looking at this for safety issues. He noted he is an avid hunter and he had 8 seen things while hunting in the fields that needed to be addressed. He did not believe 9 compromising public safety is worth the risk. He stated he chose to bow hunt rather than using a 10 shotgun as he believed this was a safer approach to deer hunting in Andover. He believed the City 11 had to take a look at this and tighten up the firearms hunting restrictions. 12 13 Councilmember Knight agreed with Mr. Howard and noted there are too many houses in the City to 14 not have strict regulations. He noted the only exception would be the vegetable farmers who shot 15 geese to keep them out of their gardens. He stated when a deer is hit with a bow it could run into 16 people's yard which may make the residents upset. He asked how the City would deal with that. 17 18 Mr. Dickinson concurred that was a potential issue. 19 20 Councilmember Bukkila believed residents would have an issue with the changes. Mr. Dickinson 21 believed another public hearing should be held as this is a very different proposal than the original 22 proposal. 23 24 Councilmember Jacobson stated he agreed something needed to be done, but he wanted it to go 25 through the process. 26 27 Councilmember Knight stated an issue would be if someone was on 40 acres, but shot beyond the 40 28 acre line then the 40 acres did not mean anything at that point. 29 30 Mr. Howard believed all hunters should apply for permits, even if they were not charged for the 31 permit. Mayor Gamache noted a person had to have a license to hunt from the State and the City 32 should be able to get that information if it is needed. 33 34 Councilmember Knight asked if the City could restrict shooting to within 300 feet of a boundary. 35 36 Councilmember Bukkila asked what information from the DNR could be accessed regarding this 37 issue. Mr. Dickinson responded staff had reviewed the DNR basic hunting regulations and the 38 licensing requirements. 39 40 Mr. Bednarz stated the DNR regulations left it to the cities as to where in the City hunting was 41 allowed as well as the setbacks. 42 43 Mayor Gamache asked what benefits a City license would have. Mr. Howard responded the City 44 would know who was hunting on various properties. Andover City Council Workshop Meeting Minutes — February 17, 2010 Page 6 1 Councilmember Jacobson stated right now the hunters needed the landowner's permission in order to 2 hunt. He asked if the existing ordinance should be changed and if it did, then the Planning and 3 Zoning Commission should look at this and make a recommendation to the Council. 4 5 Councilmember Trude stated the City allowed for a resident to apply for a code change and have it 6 go through the Planning and Zoning process. 7 8 Councilmember Bukkila stated she understood what Mr. Howard was saying, but if someone knew 9 about illegal hunting, then that person should call 911 as an ordinance would not stop a hunter who 10 was not following the rules. 11 12 Mayor Gamache stated there would need to be clarification in the map as to what areas they are 13 talking about also. 14 15 Councilmember Trude asked if the City should expand the bow hunting areas. Mayor Gamache 16 stated if the City is looking to control the deer in the residential areas, there are organizations that 17 had professional bow hunters who could take care of the problem. 18 19 Council's consensus was reached to take this through the Planning and Zoning process with no 20 recommendations from the Council. 21 22 The Council recessed at 7:45 p.m. 23 24 The Council reconvened at 7:55 p.m. 25 26 COUNCIL GOAL DISCUSSION 27 28 Mr. Dickinson asked how the Council wanted their goal process to be done this year. 29 30 Councilmember Jacobson suggested working at reducing the number of Ordinances by five percent. 31 Mr. Dickinson responded now that there is technology in -house to research the Ordinances. 32 33 Councilmember Bukkila suggested a citywide garage sale, even if it is not sponsored by the City. 34 She indicated this would serve the purpose of getting people into the City for a day. 35 36 Councilmember Trude stated the City should also look into having a City art fair. 37 38 Councilmember Jacobson recommended staff look into these suggestions further for any 39 ramifications and bring this back to Council. 40 41 Councilmember Jacobson asked for a direct link on the City's website to the Andover section on 42 QCTV so people could find the Council meetings easily. 43 44 Mr. Dickinson stated he would like to work with staff on the challenges, opportunities, and goals Andover City Council Workshop Meeting Minutes —February 17, 2010 Page 7 1 prepared by Northland Strategies in May, 2009, in particular on improving the City's image with the 2 business community. 3 4 Councilmember Knight asked if the City could get a post office. Mr. Dickinson indicated the post 5 office is actually looking at reducing their current numbers. 6 7 Councilmember Knight asked what the item #38 under challenges "definitive no not apparent" 8 meant. Mr. Dickinson commented that it is likely an observation that the Council does not say no to 9 residents when the City Code indicates that no is the answer. 10 11 Mayor Gamache believed improving the image with the business community was an important goal. 12 13 Mr. Dickinson stated if there are certain things the Council wanted targeted, to send him an email, 14 but he will work to address items raised in the May 2009 Council retreat report. 15 16 2010 GENERAL FUND BUDGET PROGRESS 17 18 Mr. Dickinson updated the Council how the budget year 2009 ended and how that would impact the 19 2010 budget. He noted the City ended 2009 with a net increase in fund balance of close to $152,000. 20 21 Council thanked staff for their hard work in keeping the budget in line for 2009. 22 23 Mr. Dickinson stated there is available fund balance to help with 2011. The City maintained 24 emergency fund balances for snow, public safety, and facilities, which total approximately 25 $260,000.00. He stated the Council needed to look at where the City is going with total market 26 values for next year. After talking to others, he believed there would be a total market value 27 decrease of 10 to 11 percent. He summarized the potential State impacts that were not currently 28 addressed including police state aid, fire aid, and special levy exemptions removal. He asked what 29 Council's target is for the end of the year. 30 31 Mayor Gamache stated he would like to look at a zero levy increase. However, this could mean a cut 32 in services somewhere. 33 34 Councilmember Jacobson stated he would be willing to look at a one percent levy increase to give a 35 bit of a cushion. 36 37 Mr. Dickinson asked if the Council is looking at a significant general fund expenditure or tax levy 38 decrease. He noted the Council had to remember the Sheriff contract is coming up which he 39 believed would be an increase of approximately 2.5 percent, he also discussed the costs associated 40 with City staff salary step increases, COLA, staffing increases or decreases, and retirements. 41 42 Council consensus was reached to not do a drastic cut in service, but to maintain services as best as 43 we can and to not look at furlough reduction until after the 2010 legislative session is concluded. Andover City Council Workshop Meeting Minutes — February 17, 2010 Page 8 1 2011 BUDGET DEVELOPMENT GUIDELINE DISCUSSION 2 3 Mr. Dickinson stated this is for Council's review and he did not anticipate this would come before 4 the Council for approval until April, but encouraged the Council to think about the guidelines over 5 the next few months. 6 7 2011-2015 CAPITAL IMPROVEMENTPLANDEVELOPMENT GUIDELINEDISCUSSION 8 9 Mr. Dickinson asked if there is anything the Council wanted to be done that is not on the list 10 presented. 11 12 Councilmember Knight asked if they could reduce the ladder truck cost. Mr. Dickinson responded 13 the current truck is coming up for replacement and if the City wanted to get any money out of the 14 existing ladder truck, now is the optimal time to do the replacement. 15 16 Councilmember Knight asked if the purchase of the ladder truck could be put off until the City could 17 afford it. He asked if there is any way to spread some of the larger costs out so 2010 and 2011 are 18 not hit so hard. 19 20 Mayor Gamache noted the Council had already pushed a lot of the costs out to 2011 and that is the 21 reason the 2011 budget is looking the way it is. He indicated the Council could not keep pushing 22 costs out year to year without eventually suffering some consequences. 23 24 Mr. Dickinson reviewed the 2010 CIP progress report and indicated staff is waiting on a decision 25 regarding the rink boards at Hawkridge Park. 26 27 Council consensus was reached to do the rink boards at Hawkridge Park using parks maintenance 28 funds, which will likely delay some playground equipment replacements. 29 30 OTHER DISCUSSION 31 32 None. 33 34 ADJOURNMENT 35 36 Motion by Bukkila, Seconded by Jacobson, to adjourn. Motion carried unanimously. The meeting 37 adjourned at 9:42 p.m. 38 39 Respectfully submitted, 40 41 Kathy Altman, Recording Secretary 42 s� • NDOVE 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance Din FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Payment of Claims DATE: March 2, 2010 INTRODUCTION Attached are disbursement edit lists for claims related to the on going business of the City of Andover. DISCUSSION Claims totaling $138,528.42 on disbursement edit list 41- 3 from 02/16/10 to 02/26/10 have been issued and released. Claims totaling $210,495.30 on disbursement edit list #4 dated 03/02/10 will be issued and released upon approval. BUDGETIMPACT The edit lists consist of routine payments with expenses being charged to various department budgets and projects. ACTION REQUESTED The Andover City Council is requested to approve total claims in the amount of $349,023.72. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, Lee Brezinka Attachments: Edit Lists z a � H� N' U Q� 4-4 Cd 0 C� U � U o ¢, U U Q; U M w 0 Cl N b y � b N O P b Y rn � a w z Y U d Y Q a d a a a 0 O a ,1 z V 'o b �r O C> �o U M q �O � O p� O x� � O O U �n O rD O N 10 N 0 0� C 00 0 0 00 w m m w 0 0 a U F '7 O E�7i F o � cq o U Q O rd 0 00 P, �U k o s. wo z F H a M M O 0 N N O 0 0 a" U a O U b d � V q q L W W `V E--4 0 > cd U 4-j U y U U U c v� 00 O 0 r/] N W ti Y L A S z r V @i d r C7 A r.> q m a q q O q 0 a V z O ni O O U N N G I O O U O � � � O U N O 00 C) '. 0 0 N N � 41 N N 00 M iD O� �6 Vi N ON N N C1 W GO � � N J vi U � V �UP.0 W r b N O >�� C� " O N 00 N vi U .) J O N 40,z HH C P. 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O� U �n 0 .. 0 N N 0 M O � r+ 00 O N F a 'EiW G O � C t� Y O � p UF,F U b OF �k Y b Q 0 z b W U N O y O U M C �o 0 O O aN x o U d' 0 0 Cq N O 0 C,4 Cq C\ b N V H FF� 4J o �H i O o � F U � v F F U p O G F � b w �w O N M N V 0 N "x U NN U U U� wz_ Y F a a N 0 O N N 0 w 0 0 a U U P. O U ANL15 Y O F 6 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Council Members CC: Jim Dickinson, City Administrator FROM: David D. Berkowitz, Director of Public Works /City Engineer SUBJECT: Approve Plans & Specs /Order Advertisement for Bids/09-22/Bunker Lake Boulevard NW Frontage Road /Jay Street Alignment - Engineering DATE: March 2, 2010 INTRODUCTION The City Council is requested to approve final plans and specifications and order the advertisement for bids for Project 09 -22, Bunker Lake Boulevard NW Frontage Road/Jay Street Alignment. DISCUSSION The plans and specifications for the Bunker Lake Boulevard Frontage Road/Jay Street Alignment project are complete and ready to be bid. The project schedule is planned as follows: Bid Opening April 1, 2010 Contract Award April 6, 2010 Begin Construction May 3, 2010 Project Completion July 16, 2010 Estimated assessments were identified in the feasibility report as follows: Andover Economic Development Authority $150,000.00 (not to exceed) Kwik Trip $ 92,066.67 Kottke's Bus Company $ 46,033.33 If actual project cost are less than identified in the report each assessment will be reduced by a proportionate share. The bid results are scheduled to be brought to the Council at the April 6, 2010 regularly scheduled City Council meeting. BUDGETIMPACT The project will be assessed to the benefiting properties and the EDA portion of the project will be financed through the existing Tax Increment Finance District. Mayor and Council Members March 2, 2010 Page 2 of 2 ACTION REQUIRED The City Council is requested to approve the resolution approving final plans and specifications and ordering the advertisement for bids for Project 09 -22, Bunker Lake Boulevard NW Frontage Road/Jay Street Alignment. Respectfully submitted, David D. Berkowitz Attachments: Resolution Project Location Map' cc: Charles Peterson, Kottkes' Bus Service, Inc., 13625, Jay St. NW, Andover Leah Berlin, Kwik Trip Inc., 1626 Oak Street, P.O. Box 2107, La Crosse, WI 54601 -2107 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. MOTION by Councilmember to adopt the following: A RESOLUTION APPROVING FINAL PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR BUNKER LAKE BOULEVARD NW FRONTAGE ROAD /JAY STREET REALIGNMENT., PROJECT NO. 09 -22. WHEREAS, pursuant to Resolution No. 006 -10 , adopted by the City Council on the 19th day of January , 2010, the City Engineer has prepared final plans and specifications for Project No. 09 -22 . WHEREAS, such final plans and specifications were presented to the City Council for their review on the 2 "d day of March 2010. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Andover to hereby approve the Final Plans and Specifications. BE IT FURTHER RESOLVED by the City Council of the City of Andover to hereby direct the City Clerk to seek public bids as required by law, with such bids to be opened at 10:00 am , April 1 , 2010 at the Andover City Hall. MOTION seconded by Councilmember and adopted by the City Council at a regular meeting this 2nd day of March , 2010, with Councilmembers voting in favor of the resolution, and Councilmembers against, whereupon said resolution was declared passed. ATTEST: Michelle Hartner — Deputy City Clerk CITY OF ANDOVER voting Michael R. Gamache - Mayor �. N.W. AVE. (l() z� z F- N. W. � a w 135th- AV. Lu 0� z z z 134th Z z i LA. N.W. Q _0� 134th AV E. W a m AVE. w N. W z o 142m AVE. iI N.W w J z Q Q Q co J o LA. N.W. °o 42nd N w 1v~i 14 j's t > LA. N.W. . 142nd AVE N Q AVE D > N.W. n = 740�r AVE• N. W � J � Z = 139th 139th m AVE. a �� LA. U'j � Y LA. N.W. <v� �- �- U, o�� 38th AVE. N.W. 137th > 137th LA .C/) N.W. ~ _z LA• Q a z Q J o 116 D cy— N J BUNKER PROJECT LOCATION LOCATION MAP FOR BUNKER LK. BLVD. FRONTAGE ROAD REALIGNMENT FEASIBILITY REPORT CITY PROJECT NO. 09 -22 ANDOVER, MINNESOTA \1 I V) W 0 Q U y� 1� EXHIBIT 1 z J LA• ,J, 14pth 139th /y 139th 5' 4A Z = 139th AVE. N.W. 13 � z th Q z N.W. � J J m BUNKER LAKE BLVD. z� z F- N. W. � a w 135th- AV. Lu 0� z z z 134th Z z i LA. N.W. Q _0� 134th AV E. W a m AVE. w N. W z o 142m AVE. iI N.W w J z Q Q Q co J o LA. N.W. °o 42nd N w 1v~i 14 j's t > LA. N.W. . 142nd AVE N Q AVE D > N.W. n = 740�r AVE• N. W � J � Z = 139th 139th m AVE. a �� LA. U'j � Y LA. N.W. <v� �- �- U, o�� 38th AVE. N.W. 137th > 137th LA .C/) N.W. ~ _z LA• Q a z Q J o 116 D cy— N J BUNKER PROJECT LOCATION LOCATION MAP FOR BUNKER LK. BLVD. FRONTAGE ROAD REALIGNMENT FEASIBILITY REPORT CITY PROJECT NO. 09 -22 ANDOVER, MINNESOTA \1 I V) W 0 Q U y� 1� EXHIBIT 1 r-Mi ,NDOAT-A 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and City Council CC: Jim Dickinson, City Administrator FROM: Michelle Hartner, Deputy City Cler SUBJECT: Consider Approval Application for Exempt Permit/National Wild Turkey Federation DATE: March 2, 2010 INTRODUCTION National Wild Turkey Federation has submitted an application for a raffle at an event they are hosting on March 27, 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, Michelle Hartner Deputy City Clerk Attach: Application Page 1 of 2 1/10 mtartrs WId L-dwra,s cadr1101MY Application fee Application for Exempt Permit If allplication postmarked or received : less than 30 days before the event more than 30 days before the event _G220 An exempt permit may be issued to a nonprofit organization that., - conducts lawful gambling on live or fewer days, and $100 $50 - awards less than $50,000 in prizes during a calendar year. ORGANIZATION INFORMATION Check t?_ 1368 $ Organization name gambling permit number ,Previous ( Type of nonprofit organization. Check one DFraternal Religious 0 Veterans Other nonprofit organization Mailing address v City State Zip Code County AN2 7 C>4rY9 579FF—er- VIA J160n/ '9&j-4:5 m W 55#08 8 14A0eA Name of chief executive officer (CEO) Daytime phone number Email address �JZa �iesar2- �t�e51�eN� (4012) C&R7_74208 (n►ZtQ;_) Attach a copy of ONE of the following for proof of nonprofit status. Check one. Do not attach a sales tax exempt status or federal ID employer numbers as they are not proof of nonprofit status. Nonprofit Articles of incorporation OR a current Certificate of Good Standing. Don't have a copy? This certificate must be obtained each year from: Secretary of State, Business Services Div., 180 State Office Building, St. Paul, MN 55155 Phone: 651 - 296 -2803 IRS income tax exemption [501(c)] letter in your organization's name. Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS at 877 - 829 -5500. IRS - 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 charier or letter from your parent organization recognizing your organization as a subordinate. IRS - proof previously submitted to Gambling Control Board If you previously submitted proof of nonprofit status from the IRS, no attachment is required. GAMBLING PREMISES INFORMATION Name of premises where gambling activity will be conducted (for raffles, list the site where the drawing will take place) 401jeTJY#41ZJ6 Oic ANJOVETZ : Address (do not use PO box) City Zip Code County /35N5 44,0 r-rtV STnfE7- aw jg1VbDV9_k mtj Atvq" _ Date(s) of activity (for raffles, indicate the date of the drawing) m -Amck 2T1-,26j6 - aNE (A) dAY E VF_ Nrk- !Check the box or boxes that indicate the type of gambling activity your organization will conduct: I E] Bingo" IV Raffles [lPaddiewheels` Pull -Tabs' oTipboards" i x Gambling equipment for pull -tabs, bingo paper, tipboards, and Also complete ( paddlewheels must be obtained from a distributor licensed by the Page 2 of this form. Gambling Control Board. EXCEPTION: Bingo hard cards and bingo number selection devices may be borrowed from another organization authorized to conduct bingo. PrintForm To find a licensed distributor, go to www.gcb.state.mn.us and click on List ReSetFofrf�; of Licensed Distributors, or call 651- 634 -4076. LG220 Application for Exempt Permit Page 2 of 2 1/10 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. application is acknowledged with no waiting period. _The application is acknowledged with no waiting period. —The ___The application is acknowledged with a 30 day waiting — The application is acknowledged with a 30 day waiting period, and allows the Board to issue a permit after 30 period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). days. The application is denied. The application is denied. Print county narne Print city name On behalf of the county, ( acknowledge this application. On behalf of the city, 1 acknowledge this application. Signature of county official receiving application Signature of city official receiving application Title Date (Optional) TOWNSHIP: On behalf of the township, I Title Data ! acknowledge that the organization is applying for exempted gambling -- activity within township limits. [A township has no statutory authority to approve or deny an application [Minnesota Statute 349.166)] Print township name Signature of township official acknowledging application Title Date I 1 CHIEF EXECUTIVE OFFICER'S SIGNATURE The information provided in this application is complete and accurate to the best of my knowledge. 1 acknowledge that the financial report will be completed and returned to the joard within 30 days of the date of ourgambling activity. �r�l` 9/2p� Chief executive officer's signature. __. tR� -fit" Date oZ/10 Complete a separate application for each gambing activity: Financial report and recordkeeping required one day of gambling activity, A financial report form and instructions will be sent with -two or more consecutive days of gambling activity, your permit, or use the online fill -in form available at each day a raffle drawing is held www,gcb.state.mn.us. Within 30 days of the activity date, Send application with: complete and return the financial report form to the - a copy of your proof of nonprofit status, and Gambling Control Board. - application fee for each event. Make check payable to "State of Minnesota." Questions? Call the Licensing Section of the Gambling Control Board at 651 -639 -4076. To: Gambling Control Board 1711 West County Road B, Suite 300 South Print Form - Reset Forrrt '`i.` Roseville, MN 55113 This form will be made available in alternative format (i.e. large print, Braille) upon request. Data privacy notice:The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information requested; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If you supply the information requested, the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the Board. All other Information provided will be private data until the Board issues the permit. When the Board issues the permit, ail information'provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this Notice was given; and anyone with your written consent. • 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.AN DOVER. MN.US TO: Mayor and Councilmembers CC: Jim Dickinson, City Administrator / Finance FROM: Lee Brezinka, Assistant Finance Director SUBJECT: Debt Service Payment DATE: March 2, 2010 INTRODUCTION The recent bond sale included the current refunding of the 2006A PIR bonds. The outstanding principal of $1,480,000 and interest of $6,833.75 is scheduled to be paid on March 15, 2010. This bond was refunded by the 2010A PIR Refunding Bonds sold on February 3, 2010. DISCUSSION Debt service payment totaling $1,486,833.75 is due on March 15, 2010. BUDGET IMPACT This is a current refunding of an original issue. ACTION REQUIRED The Andover City Council is requested to approve total payments in the amount of $1,486,833.75. Please note that Council Meeting minutes will be used as documented approval. Respectfully submitted, �z - 4-1e. Lee Brezinka ND 4VE: 0 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmembers J/ CC: Jim Dickinson, City Administrator Will Neumeister, Community Development ector FROM: Courtney Bednarz, City Plann# SUBJECT: Consider Conditional Use Permit/Andover Lions Park/Clear Wireless LLC - Planning DATE: March 2, 2010 INTRODUCTION Clear Wireless, LLC is seeking to locate a 120 foot tall tower and wireless internet antenna array within Andover Lions Park. A conditional use permit is required to locate antenna above 35 feet in height. DISCUSSION The attached photosimulation illustrates what the antenna will look like from ground level. The attached plan set shows the proposed location of the tower within the park and provides additional details about the proposed tower, 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. 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, setback and collocation requirements of City Code 9 -12. It should be noted that the tower will be 130 feet from the nearest residential property. However, the tower will be less than 130 feet from the property line adjacent to the railroad line to the west. The applicant has stated that they will provide a letter from a licensed structural engineer to certify that, in the unlikely event of a tower failure, the tower would fall to the ground before reaching the railroad tracks. This item has been added as a condition of approval to the attached resolution. Location Staff requested additional materials to illustrate the limits of the coverage area where the tower could be located. The applicant has provided the attached letter and maps to describe the site search process that led to the selection of Andover Lions Park for the proposed installation. An engineer will also be present at the meeting to provide further information on the site selection process. Generally, 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. The location within the park is driven by the constraints of the site, including wetlands, limited width along the railroad and existing ball field and trail improvements. Ground Mounted Equipment 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. The cabinet is proposed to be connected to the tower with an above ground conduit as shown on the attached plan set. The applicant has indicated this connection can be buried as was proposed with the tower in Hidden Creek North Park. This item has been added to the attached resolution as a condition of approval. A six foot tall chain link fence is proposed to enclose the tower and cabinet within a twenty foot by ten foot area. The applicant has agreed to adjust the gate to prevent it from swinging over the trail when opened. Staff is recommending that slats be provided in the fence to provide screening of the ground mounted equipment. This item has been added to the attached resolution as a condition of approval. The proposed lease space is larger than the area that would be fenced. The lease area would be thirty feet by thirty feet to allow additional ground mounted equipment if additional antennas are collocated on the tower in the future. It is anticipated that the fenced area would need to be expanded, potentially to the limits of the leased area in the future, if this occurs. Proposed Screening In addition to the slats recommended by staff, the applicant is proposing to plant three trees immediately south of the fenced area and to transplant three additional trees as shown on the attached site plan. The applicant has not determined the species of tree that will be planted. Staff recommends that the trees closest to the fenced area be evergreen trees. This item has been added to the attached resolution as a condition of approval. 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 Planning Commission recommended approval of the conditional use permit with a 5 -1 vote. They also discussed moving the location closer to Bunker Lake Boulevard between the trail and westerly property line as generally shown below. However, The Commission's recommendation requested the Park and Recreation Commission to make a determination about where the tower should be located. The minutes from this meeting are attached. Park and Recreation Commission The Park and Recreation Commission recommended denial of the Clear Wireless proposal with a 6 to 1 vote. The Commission did not agree that a location closer to Bunker Lake Boulevard was more suitable than the initially proposed location further north. It should also be noted that the trail shown above is within the pipeline easement (see attached Pipeline Easement graphic). Therefore any location between the trail and the rail line is not feasible. The minutes from this meeting are attached. ACTION REQUESTED The Council is asked to approve the conditional use permit subject to the conditions of the attached resolution or to deny the conditional use permit request with findings of fact based on the review criteria shown on the first page of this .staff report. E � C *: V. NO, ON -1i 911*1 a Attachments Resolution Location Map Photosimulation Plan Set Photograph of Ground Mounted Equipment Applicant's Letter Applicant's Site Search Letter Pipeline Easement Graphic Resident Correspondence Planning Commission Minutes Park and Recreation Commission Minutes City Code 9 -12 Antennas and Towers Cc: David Hagen 10715 39th Avenue North Plymouth, MN 55441 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING/DENYING THE CONDITIONAL USE PERMIT REQUEST FOR A WIRELESS INTERNET ANTENNA INSTALLATION FOR CLEAR WIRELESS, LLC LOCATED AT 13960 PALM STREET NW LEGALLY DESCRIBED AS CITY PARK, HILLS OF BUNKER LAKE 5TH ADDITION, 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, 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 has received the recommendation of the Planning Commission and approves the conditional use permit for a wireless internet antenna tower and associated equipment, subject to the following conditions: NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Andover has received Planning Commission recommendation and approves /denies the proposed 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 tower, antennas and ground mounted equipment shall conform to the plans revised November 23, 2009 except as follows: A. The gate to the fenced area shall be modified to prevent the gate from opening over the existing trail. 3) Slats shall be added to the fenced area around the installation to provide screening of the equipment. 4) The conduit connection between the ground mounted equipment and the tower shall be buried below ground. 5) The proposed trees shown immediately south of the lease area shall be evergreen trees. 6) The applicant shall obtain a building permit for construction of the tower and associated equipment as required by City Code 9 -12 -9. 7) The applicant shall provide a letter from a licensed structural engineer indicating that if the tower fails, it will fall to the ground before reaching the railroad tracks to the west at the time of building permit application. 8) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition that currently exists. 9) 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 —'h day of , 2010 CITY OF ANDOVER ATTEST: Michelle Hartner, Deputy City Clerk Michael R. Gamache, Mayor C 1 'f Y 6 O F' N61M Incorporated 1974 Conditional Use Permit Clear Wireless LLC Andover Lions Park 13960 Palm Street NW ' ON M a y2Np lro 14266 14267 14280 02oJ" 0y , 0.;; 1A26�3� pin n,n n 14263 ^^ 1 y y ,N n v 14278 14279 14292 HL goy 286 , N '^ ^ 0 0 7 1 9� 89 1 1A2 A� ct ^ a M _. 4 N y sM '� N N Sv ry 1A2 o py �� �4 NON N wwr-,. `N �_w '° X14231 14244.1 0.��9 y) ?.'�14j., \ 90y .,42081. �!�II iw r CV 45' ^ g 14255 14288 �� °� 9 M v N o r� IN �� a N ro n ^, CV/ 0 M ^> >. 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Pf10R Un �ti z 0 D X x � z �� r r^ r gg �$4 $ � � o m O Z MN- MSP0305 -A a 13960 SYCAMORE STREET � o; m �� ^J✓' � � d - 1 ANDOVER, MN. 55304 �g� w ` , �� ;, v_• y 1 m v 5 Z ----------------------------------- ---- -------------- NORHTERN RAILROAD COMPANY sHweu oroaiira M 1 o --------------- r i > o SYCAM_ORE_S[. "� � Z m 1 / / �. A •,/off � a �� / w 3 A J 11 11\ �R a n /1 m rn_ ug O c < ; � a O o a ? ffi D �'��§ m ' �9y § §g MN- MSP0305 -A 13960 SYCAMORE STREET ANDOVER, MN. 5530487° em 0 wv a me f n yP MN- MSP0305 -A e 4.f? m av 13960 SYCAMORE STREET N € M P ANDOVER, MN. 55304 "� j k �j � � } ! a - -- ! � � \ § � ) 0 ! ] \ `{ _ ) 2 m m ,.,. _ , ,0 MN \�`(� § \§ • # q ,_o SYCAMORE S _ 4 / ANDOVER, _ m_ � ,,,• el P-44oT-c* 9-Af4 &F Co4a,,ir> MovNTF> EqvtpMEoul- - c4&.&tr` S &Meg 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 Construct Antenna Towers in Lions Park and Shadowbrook East Park Dear Andover City Council and Planning Commission: With this letter and enclosures, Clear Wireless LLC ( Clearwire) is applying for conditional use permits to construct antenna towers in Andover Lions Park (#MN- MSP305) and Shadowbrook East Park ( #MN- MSP425) in Andover and to locate ground equipment inside fenced areas at the base of these towers. Enclosed are the following: 1. Application forms for each of the sites signed by me as agent for Clearwire; 2. 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; 3. Photographs of the setting for each of these locations with towers, antennas and ground equipment enclosed in chain link fence simulated on them; 4. A letter from Clearwire Radio Frequency Engineer Gyan Pandey addressing interference with public safety telecommunications, service coverage in the City of Andover and FCC emission regulation compliance. Two attached maps model service coverage without and with the five proposed Andover sites activated; 5. A letter from Clearwire Project Manager John Thielen indicating that Clearwire will allow collocation on the proposed towers; and 6. A map showing the search radii within which the two proposed sites are located (MN- MSP305- Andover Lions Park and MN- MSP425 Shadowbrook East Park). Clearwire is a high speed broadband intemet 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 somewhat more than one mile apart is required. Clearwire's standard antenna configuration consists of three panel antennas about four feet long by one foot wide and three microwave dish antennas 26" in diameter. The area surrounding the antenna site is, for coverage purposes, divided into three equal sectors and panel antenna are oriented at the middle of 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. At the request of the City Clearwire is using a stealth antenna design where the antennas are housed within the circumference of the tower structure. A base station (43 "H x 47 "W x 30 "D) is located next to the base of the towers, all within a six foot high chain link fence. Page 2- November 18, 2009 Letter to Andover City Council and Planning Commission Andover City Code Title 9, Chapter 12, Section 9- 12- 6:A.3. requires that the City Council must find that an the antenna tower cannot be accommodated on an existing approved tower or building. In these cases there are no exiting or approved towers or buildings within the search radii to accommodate the planned antennas at a height necessary to function reasonable. Andover City Code Title 9, Chapter 12, Section 9- 12 -6:13. requires that towers be designed to allow for future arrangement of antennas at varying heights. The ordinance requires and plans indicate that each of these towers will accommodate three users in addition to the Clearwire antennas. Andover City Code Title 9, Chapter 12, Section 9- 12 -8:13. requires that towers be set back from all property lines a distance equal to the height of the tower plus an additional ten feet, unless a certification is provided that collapse of the tower will occur within a lesser distance under all foreseeable circumstances. The two towers are setback at least their height plus ten feet from all abutting property lines except for the property line to the west of the proposed tower at Lions Park. In that case the tower is 120' tall but is setback only 97' from the property line to the west. The required certification will be provided with the tower design when the building permit is applied for. Andover City Code Title 9, Chapter 12, Section 9- 12 -9:C. La., b., and c. require a description of the tower height, and design including cross sections and elevations, a description of the tower's capacity, including the number and type of antennas that can be accommodated and documentation of the mounting heights for collocated antennas and separations distances between antennas. The plan sets include cross sections and elevations, as well as the type of antennas that can be accommodated and documentation of mounting heights and separations between collocated antennas. Engineer - stamped plans will be submitted to the City of Andover with the building permit application as required by Andover City Code Title 9, Chapter 12, Section 9- 12 -9:C. Ld. 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. Two checks in the amount of $530 will be provided by November 24 to pay for the application fee, the public notification sign and recording the conditional use permit. Please contact me at 763 - 245 -4852 or DAHagengLive. coin if additional information is required. Thank you. Sincerely, A �# �- David Hagen, Buell Consulting, Inc. Agent for Clear Wireless LLC Applicant's Site Search Letter Antenna Siting Process - Generally and In Andover Clear Wireless LLC ( Clearwire) is requesting conditional use permits for antenna tower sites in Andover Lions Park and Shadowbrook East Park in the City of Andover. This piece explains briefly the systematic process the company went through in proposing antenna sites to provide wireless high- speed - broadband internet service to Andover. It also lists and describes the various candidates that were considered to provide coverage to the urbanized part of the southeast Andover. The frequency (2500 -2690 MHz) and transmission speed (7 -9 Mbps) dictate that antennas be ideally spaced about one mile apart. With a high priority on in- building coverage, Clearwire locates antenna sites strategically to cover as much population as possible at the same time minimizing gaps in coverage. Overview of Antenna Siting Process The process of siting antennas is standard industry -wide. It begins with radio frequency engineers identifying center points of search areas. These center points are passed on to site acquisition agents who find candidate sites as close as possible to the center of the search areas. Early in the site candidate identification process the zoning ordinance and zoning map are reviewed to determine where antenna sites may be located. Almost all zoning jurisdictions require that antennas be located on existing structures tall enough for radio signal propagation, if they are available. If no existing structures are available, sites that meet zone, use, size and setback criteria of the zoning ordinance are identified. After the site acquisition agent determines that the land owner of a candidate site has interest leasing space on an existing structure or land for a tower for antennas and equipment, the agent prepares and submits an informational packages on that site. Agents strive to identify three viable site candidates for each search area to provide choice. The radio frequency engineer reviews the various site candidates submitted by the site acquisition agent and declares one of the candidates the primary site. The site acquisition agent then again contacts the owner of the primary site to negotiate a lease agreement with the owner. The site acquisition agent also secures zoning approval for the site and obtains a building permit for its construction. Andover Search Areas Seven search areas located wholly or partly within Andover were set forth in the initial coverage plan for the area. The first attached maps identifies the center of these search areas and the second locates the candidate designated "primary" for the search areas as well as area with coverage in blue. Search areas #304 and #422 are centered on the Andover City Hall Water Tower and the Rose Park Water Tower, antenna sites that have been leased and zoned. Search area #266 is centered on an existing antenna tower in a City of Anoka Public Works storage yard that has also been leased and zoned. An eighth search area ( #540) was added late in the site candidate identification phase and at its center is a leased and zoned existing antenna tower on Anoka Public Utilities property. Search area 4229 is just south of the City of Andover and the primary site for this search area is a City of Coon Rapids Water Tower located near its center. 1 Applicant's Site Search Letter The primary candidates for the remaining three search areas are parks in the City of Andover. The primary site for search area #423 is in Hidden Creek North Park and zoning for this site has been approved by the City. Lions Andover Park is the designated primary site for search area #305 and Shadowbrook East Park is the designated primary site for search area #425. Andover Zoning Ordinance The Andover Zoning Ordinance requires that existing approved towers or buildings be used for attachment of antennas, if high enough. If a tower or building is not available a tower may be constructed with a conditional use permit in commercial or industrial zoning districts or on parcels used for institutional, public or utility purposes in residential zoning districts. The City may grant a conditional use permit for a tower on a residentially zoned parcel used specifically for a church; public uses including water towers, schools, and publicly purchased parks when City Council determines no adverse affect on use of the park or neighboring properties; utility and transmission structures located in public rights -of -way when attached thereto; and utility and transmission structures located outside of public rights -of -way to provide service to an area. Search Area #305 An existing antenna tower located about % mile southwest and a second about % miles west - southwest from the center of search area #305 were submitted as candidates for this search area. In addition the proposed Lions Andover Park site about 11/4 mile southeast of the search area's center was submitted as a candidate and designated primary. The Andover Lions Park site was designated primary based on its proximity to the center of the search area and its high elevation relative to other land in the search area. Redwood Park, Hills of Bunker Lake West, Creekview Crossing and Coon Creek are City parks that were considered. The first three were not as large as other parks in the search area and the fourth is low in elevation and high in flooding potential. Bunker Hills Park is %2 mile south of the center of the search area and would not maximize use of the antenna site, given the lack of inhabited buildings in the park. A city -owned lot used for utilities located along Bunker Lake Boulevard west across the railroad tracks from the south end Lions Andover Park is smaller and much closer to adjacent residential than the proposed Lions Park site. There are no commercially or industrially zoned parcels, churches, water towers, schools, transmission structures or other utility structures close enough to the center of the search ring to be viable. Search Area #425 No existing structures in this search area reach the height required for signal propagation. Bunker Hills Park is located south of the center of the search area and was submitted as a candidate. Strategy 5(e) in Chapter 2 of the Anoka County Parks Plan indicates, however, that antenna towers for telecommunication services may locate in regional parks (Bunker Hills Park being one) only if the communication system is not able to function without placement of the tower on regional parks system land and all other alternatives have been exhausted. Shadowbrook West Park was found to be too small for placement of a tower. 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N11 w � M lroo'oa�r 5 a`°ti4 °yo of w _ oo•0e�r000s II 11� •O o \a _ISZ91 - -J £ aaRo II Ilm AIL' D c> `at 9o,94.I81A -„I, Im �1 Iw o 70 `` s f to ^$ o W llI oll> ollll 5 WN Io H 11'c 7C t o W oe�. 6 °lo I •4`+°044 i I' N 1 I Oooe J i I omoa a go °00 LJl ° I iN 3Ntl I 2605 9L'69S ° MnL019ir °I85_� -___ - X8_8611 - Z6'Lb9 G p au1Pa \uap J. 9�1 -oN poo2f hunoo 1 T R E S c cnEA!'T Cek pnL pFJ1F�E IVOOV Ell :�O P S p4cj� Courtin y Bednarz From: willsgina @comcast.net Sent: Monday, February 08, 2010 9:48 PM To: Courtney Bednarz Subject: proposed telecommunications tower in Andover Lions Park Dear Ms. Bednarz, My husband, daughters, and I have been residents at 963 139th Ave. NW for nearly twelve years. One of the reasons we purchased our home was it's location; close to the parks and walking trails. We appreciated the planning of the city of Andover, intermixing homes with nature and its philosophy of not overcrowding residential areas. We had left a city that demonstrated poor planning and over development. It was refreshing to see that Andover had a different perspective. To be honest, when we received the letter annonuncing a prospective telecommunication tower next to the walking trails "in our backyard ", I was more than a little surprised. There is no more room for anything in that small area. The walking trail is sandwiched between homes and the railroad tracks. The way the map looks, the tower would be in plain view of many homes in this area, not to mention those who frequent the walking trails on a daily basis. Many people have decks and porches that face the trails and the eyesore of a 120 foot tower is not what they were built to see.This tower sticking out amidst the trees just doesn't seem to fit with the excellent planning that has taken place thus far in Andover. We, and many of our neighbors, have questions regarding this proposal. Is this the best place for this and why? What testing has been done to determine this factor? Is this strictly to achieve wi -fi signal or other telecommunications as well? How necessary is this to our community? Some of us will be there to voice our concerns tomorrow night. Others of us have other obligations and can not attend. Please know however, that more are concerned than will be represented there tomorrow night. I hope to be there, but if not, I hope this will be added to the public record. I will be deeply disappointed if in the name of progress, nature must once again "take a hit." I trust you will consider all possibilities before proceeding. Thank you for your time and consideration in this important matter. Sincerely, Gina and Scott Wills 963 139th Ave. NW Andover, MN 55304 1 Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes — February 9, 2010 Page 2 PUBLIC HEARING: CONDITIONAL USE PERMIT 10 -02 TO CONSIDER TELECOMMUNICATIONS TOWER FOR CLEAR WIRELESS, LLC INANDOVER LIONS PARK LOCATED AT 13960 PALM STREET NW. Mr. Bednarz noted Clear Wireless, LLC is seeking to locate a 120 foot tall tower and wireless internet antenna array within Andover Lions 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 Walton arrived at 7:05 p.m. Chairperson Daninger asked for clarification of where the tower will be located in the park. Mr. Bednarz showed the plan to the Commission with the location marked on it. Motion by Casey, seconded by Walton, to open the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Mr. Jason Kunzie, 13881 Sycamore Street, stated he found himself in a strange situation because he works for an engineering firm that sometimes helps companies build these towers and now he is on the other side of the coin arguing against the point, the reason being mainly aesthetics. He stated he thought this was an ill fit for this neighborhood. The biggest thing is the topography. The train tracks are elevated through this area and this is high ground and is going to be a beacon for the rest of the neighborhood to look at on both sides of the tracks. The utilities that go through here are at or below grade and having a 120 foot tower that is nearly three feet in diameter is completely out of place in the neighborhood. He stated to call this area a park is a little misleading because it is really a trail corridor. This is more of a bike and walking path and in people's yards. It is not near a large open space to buffer it. He thought because of that the size is disproportionate to the area. Mr. Kunzie stated another concern he had was that other utilities will be piggybacked on top of the tower once it is constructed. He stated this could turn into a very large obtrusive piece of equipment. He wondered if this technology is really necessary. It seems pretty big and based on the size being proposed if they could install something smaller but more quantity could substitute for this. He also thought this will decrease their property values. He asked that they consider placement south of Bunker Lake Boulevard where other utilities are located. Mr. Chuck Rowley, 996 140th Lane, stated he had some objections to this project. One of the primary reasons he bought his lot was because of the park and the cul -de -sac and it would be free from this kind of thing. He stated from his deck he will see the pole on the hill sticking up over the trees. His concern was the size of it and the possibility of hanging other utilities from it in the future. He was concerned with the drop in property Regular Andover Planning and Zoning Commission Meeting Minutes —February 9, 2010 Page 3 value of his home if this were installed where proposed. He thought all options should be considered. Mr. Gary Johnson, 931 140th Lane, asked who Clear Wireless is and what are they going to use the tower for. He stated it would be great to get better reception in their neighborhood. He also wondered what benefit Andover gets from this installation. He also wondered if any alternate builds have been discussed. Chairperson Daninger stated one benefit of this is that the City generates revenue from it and the park the tower is in will benefit by the revenue being used in the park for maintenance and improvements. Mr. Matt Larson, 987 139h Avenue NW, stated this tower is literally in his back yard. He wondered what other locations were considered because this is very close to the property lines where it is being proposed. He did not think having this tower placed back there made sense. He wondered why this was the ideal location for the tower. Mr. David Hagen, Consultant for Clear Wireless, LLC, explained that Clear Wireless is a wireless internet provider. He stated Andover will benefit by having wireless internet throughout the southern part of the City. The service will be more than twice as fast as any competitor in the area and at half the price. They believed there is a market for this service in the area. He stated Clear Wireless has looked at alternate sites. He explained the reason why they needed to place the towers where they are proposed in the City. He reviewed with the Commission the areas they looked at for placement of the towers. Chairperson Daninger asked Mr. Hagen if Clear Wireless explored any other type of pole to construct besides a mono -pole. Mr. Hagen stated as part of their process they had discussions with City Staff and other Commissions and felt that a stealth mono -pole structure as proposed with the antennas hidden within the tower itself would be abetter solution to this area than would a camouflaged type of structure. Commissioner Casey asked if Clear Wireless was in any other municipality. Mr. Hagen stated they are currently going through other cities to launch this service in the metro area. They do have services in Duluth and in St. Cloud. They have service also in thirty or forty metropolitan areas of one size or another. Commissioner Casey asked if was possible to put an antenna on a power pole such as Minneapolis has done. Mr. Hagen stated it is possible to do this but have not been able to reach an agreement with Xcel Energy to attach antennas on their poles. There is also concern with respect to that especially with putting them on poles high enough to serve their needs. Commissioner Holthus stated since it is on a hill could they use a shorter pole. Mr. Hagen stated they look at the elevation as part of their study and they chose this site Regular Andover Planning and Zoning Commission Meeting LT AFT AFT Minutes — February 9, 2010 Page 4 because it is high and this is actually a shorter tower than if they were in a lower lying area. Commissioner Holthus asked if this location for the pole improve the wireless service for the residents that live in that neighborhood. Mr. Hagen stated it definitely would. Commissioner Walton asked how long this technology has been around. Mr. Hagen stated the use of the internet has been growing and they are providing high speed wireless internet service at a very reasonable price. Commissioner Walton asked if there were boosters for the signal to allow it to travel farther than currently available. Mr. Hagen stated there was not. Commissioner Walton asked what will happen if this site is not approved or does not go up. Mr. Hagen stated this will affect sites around it and if there is not a site built in this area a fairly significant part of the urbanized part of Andover would not have coverage of this service. Commissioner Holthus asked if the location of the tower was closer to the corner of Bunker and the railroad tracks would that be out of range and if not, how would the pole need to be modified to be closer to that corner. Mr. Hagen stated he could not answer the second question nor could he say that would be a site that would work. Commissioner Holthus thought it would look less obtrusive if it was placed in that corner of the park. She thought that might be a better spot if in range. Commissioner Gudmundson asked how many of these towers did Clear Wireless plan to put in Andover. Mr. Hagen stated they have a total of five sites, three being approved already including two on water towers, one in Hidden Creek North Park, and the two being proposed at this meeting. Commissioner Gudmundson asked if the towers installed in Duluth and St. Cloud placed in parks. Mr. Hagen indicated some were placed in parks. Chairperson Daninger asked how Clear Wireless proposed accessing this site if approved. Mr. Hagen indicated they would access it from the Bunker Lake Boulevard side to get in. Chairperson Daninger asked if there will be a shadow effect from this. Mr. Hagen did not think it would affect the reception for the surrounding homes. Chairperson Daninger asked if all the transmitters the same power at all these sites. Mr. Hagen stated they are all similar. Motion by Walton, seconded by Casey, to close the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes — February 9, 2010 Page 5 Chairperson Daninger indicated he received a letter from Gina & Scott Wills opposing the placement of the tower in the park. Mr. Bednarz stated he also received three emails from people opposing the proposal. Commissioner Gudmundson asked what other benefits there were for Andover besides the wireless internet. Mr. Bednarz explained the benefits. The Commission discussed the pros and cons for placement of the tower in the proposed location. Commissioner Walton stated a location in a park is acceptable to him but the location of this particular tower bothers him. The location of the tower is of concern for maintenance and service. He thought moving it closer to Bunker Lake Boulevard seemed like a more acceptable possibility to get it out of the natural area. Chairperson Daninger asked if any of the Commissioners were in favor of this location. Commissioner Holthus indicated she was in favor of it being at Lions Park but she did not like the location. She thought the Park Commission needed to decide where in the park the tower should be placed. Commissioner Cleveland stated he would be more comfortable with the tower placed elsewhere in the park. Commissioner Casey agreed and stated it would be less obtrusive and disruptive to the neighborhood. Mr. Bednarz explained to the Commission the options they had for recommendation of this item. The Commission reviewed the park layout and discussed possible alternate sites for the tower. The majority of the Commission was ok with using the park for the tower but would like to have Clear Wireless, LLC find an alternate location for the tower. Mr. Hagen indicated they would be willing to look at alternate locations within the park. Motion by Walton, seconded by Casey, to recommend to the City Council approval of the tower in Lions Park but at a different location deferring either to the Parks Commission or the City Council for the exact location. Chairperson Daninger stated he was going to vote against this because he was not sure about the technology and even if they move this to the corner there are more houses over the train tracks. Motion carried on a 5 -ayes, 1 -nays ( Daninger), 1- absent (Kirchoff) vote. Mr. Bednarz stated that this item would be before the Park Commission at the February 18, 2010 Park Commission meeting and March 2, 2010 Council meeting. Regular Andover Park & Recreation Commission Meeting Minutes — February 18, 2010 Page 7 REVIEW REQUEST FOR CUP /CLEAR WIRELESS /ANDOVER LIONS PARK Mr. Haas explained that this item is in regard to reviewing a request for a Conditional Use Permit (CUP) from Clear Wireless, LLC to place a telecommunications antenna facility at Andover Lions Park. Mr. Dave Hagen, Clear Wireless representative, reviewed the information with the Park Commission. Commissioner Miskowiec asked if they had explored putting the antenna on the new Sheriff's Station. Mr. Hagen stated they have and the tower is outside of the search area they need to be and they will have an antenna on the Coon Rapids water tower which would put the two sites too close together which is the real problem. Mr. Hagen reviewed with the Commission the reason why Clear Wireless has picked this park to place their tower in. Ms. Kim Halberg, 997 -139"' Avenue NW, stated she lives by the park along the walking path and is against having the tower placed in her backyard. She felt the City was taking a step backwards by placing the tower where it is proposed. Mr. Chuck Rowley stated if they are going to put a pole because they have a network they have to deal with, his strong urge would be for the City to place it in the southwest corner of the park. It will at least contain it in one area and he did not think it would interfere with kids playing. Ms. Kim Savaria, 13820 Sycamore Street, stated her house backs up to Lions Park where the ball field is. She stated she has lived with the park in her back yard and when they moved in the area fifteen years ago the park was not developed. She worked with the City in developing the park and where everything is located. She stated they have learned to tolerate the noise from the park and the parking is horrendous. She stated she would prefer this be kept up further away from the parks central location. She wondered if the purpose and intent of placing the antenna's along Bunker Lake Boulevard to accommodate Coon Rapids and Blaine. She wondered how that was helping them and she thought if the towers were located further north it would benefit Andover more and less of Blaine and Coon Rapids. Mr. Jason Kunze showed the Commission some aerial photos and explained his viewpoint on 4G and its placement in Andover. He stated it is technology but does not have a place in their parks. He stated this will be a twenty inch steel pole that will be placed in the ground and energize the surrounding ground with a pipeline in the area. He thought this will endanger the surrounding residents and did not find this acceptable. He thought this was marginal technology and they did not need technology like this in their parks. Regular Andover Park & Recreation Commission Meeting Minutes — February 18, 2010 Page 8 Mr. Matt Larson, 987 139th Avenue, stated they live next to the Savaria's and are also concerned about the tower going up in their backyard. His biggest concern was that the city has been painted into a corner and he did not want the tower in this park at all. He thought the City should step back and think about the Comprehensive Plan. Mr. Sheldon Halberg, 997 139th Avenue, stated he was against this tower being placed in the park along the trail. He stated there is no really good way to access the tower for maintenance where it is proposed to be placed except by driving on the trail. Chair Butler asked Mr. Hagen if the tower will affect the value of homes in the area. Mr. Hagen stated he had a study that was done ten years ago indicating that home values did not decrease because of utilities in the area. Chair Butler asked if the towers were being located in a place where they are strategically located to service Coon Rapids, Blaine, Ham Lake and other communities. Mr. Hagen stated the signal does not respect boundaries of cities so some of the signal will spill over into Coon Rapids, Blaine, and neighboring cities and likewise the coverage from other cities will spill over into Andover so it will go both ways. Chair Butler asked if Clear Wireless will be using all the usable space on the tower. Mr. Hagen stated the plans they submitted for the Shadowbrook East Park site show a little more clearly where the various positions are on the tower for carriers. He stated the top forty -eight feet, consisting of twelve feet each for four carriers is where they could locate. These are stealth towers where antennas can be placed inside of them. The top twelve feet would be Clear Wireless towers and then after that the other carriers will be located going down the tower. Chair Butler asked Mr. Hagen if he could address the safety issues with the gas pipeline being nearby. Mr. Hagen stated he cannot and is a valid concern that he will raise with his people right away. They did note and notice the gas line going through there and definitely something not to be taken lightly. Chair Butler asked if tree coverage was taken into consideration in terms of the distance that the towers are spaced apart. Mr. Hagen stated they were. Chair Butler asked if there was a coverage map or something that can be shown in terms of coverage for the City. Mr. Hagen showed a map of the City where coverage will be spread out to. Mr. Haas reviewed with the Commission the process the City will take with the gas company. He assumed Staff will follow up on this and get an answer for the City Council for their next meeting. Commission Hupp asked what the City was getting for allowing the tower in the park. He stated he was not in favor of locating the tower in a City park. He wondered what the Regular Andover Park & Recreation Commission Meeting Minutes —February 18, 2010 Page 9 capacity would be. Mr. Hagen stated his understanding the capacity was in excess of what is currently out there now. Chair Butler stated he was sensitive to the concerns that people have about the pole being in different areas of the park and he was not sure there was a perfect solution. He has been in the park and walked the trail many times and his concern with moving the proposed pole to the southwest corner of the park is that it is an area of the park that might likely be redeveloped in the future. The area in the north is less useable from a park use perspective. He thought what they would try to do is if they were to put it in the northern part given the proximity to people's property is to try to offer as much screening as possible and to have that negotiated with the City and Clear Wireless. He would favor the northern location in the park over the southwest corner of the park. Commissioner Ramnath asked if the extreme northern part of the park on the west side of the tracks have been considered. Mr. Haas indicated that area is all low land and pretty much flood plain and wetland. He thought this was a big tower and would not like it in the southwest corner of the park. He did not even know if he liked it in the northern part of the park. Commission Miskowiec stated he would like to see Clear Wireless come back with another engineering report stating that there is no way it will work on County property with the other antenna arrays. He thought this was a tough park and did not like it. Commissioner Van Vark stated he could use a better understanding for the funding. He did not understand how this will help the overall revenue structure for the parks. Mr. Haas explained how the revenue would be used in the park. Commissioner Hupp felt there were better ways to generate revenue for park maintenance and improvements. Chair Butler stated he would be in favor of placing the tower in the park and would prefer the northern location in the park rather than the southwest corner. He would also like to see fencing with diagonal slats along with extensive screening with evergreen shrubs and trees around the fencing. Commissioner Lindahl stated he would like to see more information from Clear Wireless regarding possible placement on the County land. Motion by Miskowiec, seconded by Kowalewski, to recommend to the City Council denial to install a wireless internet service antenna in Andover Lions Park. Further Discussion There was none. Motion carried on a 6 -ayes, 1 -nays (Butler), 0- absent vote. CHAPTER 12 ANTENNAS AND TOWERS SECTION: 9-12-1: Purpose 9 -12- 2: Definitions 9 -12- 3: Permit And Lease Agreement Required 9 -12- 4: Height Requirements 9 -12- 5: Zoning District Regulations 9 -12- 6: Co- location Requirements 9 -12- 7: Design Requirements 9 -12- 8: Setbacks 9 -12- 9: General Requirements 9- 12 -10: Ground Mounted Equipment 9- 12 -11: Nonconforming Antennas And Towers 9- 12 -12: Interference With Public Safety Telecommunications Prohibited 9- 12 -13: Damaged Or Destroyed Antennas And Towers 9- 12 -14: Abandoned Antennas And Towers 9- 12 -15: Variances 9- 12 -16: Violation; Penalties 9 -12 -1: PURPOSE: In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the City Council finds that these regulations are necessary in order to: A. Facilitate the provision of commercial wireless telecommunication services to the residents and businesses of the city; B. Minimize adverse effects of towers through careful design and siting standards in order to lessen the aesthetic impact on surrounding properties; C. Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements; and D. Maximize the use of existing and approved towers and buildings to accommodate new commercial wireless telecommunication antennas in order to reduce the number of towers needed to serve the community. (Ord. 270, 12 -5 -2000) 9 -12 -2: DEFINITIONS: The following words and terms shall have the following meanings when used in this chapter: ANTENNA: That portion of any equipment located on the exterior or outside of any structure and used for transmitting or receiving radio, telephone and television signals. "Antenna ", as defined in this chapter (unless otherwise noted), pertains to all of the following antennas: Antenna, Public Utility Microwave: A parabolic dish or cornucopia shaped electromagnetically reflective or conductive element used for the transmission and /or reception of point to point UHF or VHF radio waves in wireless telephone communications, and including the supporting structure thereof. Antenna, Radio And Television, Broadcasting Transmitting: A wire, set of wires, metal or carbon fiber rod or other electromagnetic element used to transmit public or commercial broadcast radio or television programming, and including the support structure thereof. Antenna, Radio And Television Receiving: A wire, set of wires, metal or carbon fiber elements, other than satellite dish antennas, used to receive radio, television, or electromagnetic waves, and including the supporting structure thereof. Antenna, Satellite Dish: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and /or receive radio or electromagnetic waves between terrestrially and /or orbitally based uses. This definition is meant to include, but not be limited to, commercial satellite earth stations, TVROs (television, receive only), and satellite microwave antennas, but does not include personal TVRO satellite reception receivers. Antenna, Short Wave Radio Transmitting And Receiving: A wire, set of wires or a device, consisting of a metal, carbon fiber, or other electromagnetically conductive element, used for the transmission and reception of radio waves used for short wave radio communications, and including the supporting structure thereof. Antenna, Telecommunications: A device consisting of a metal, carbon fiber, or other electromagnetically conductive rod or element, usually arranged in a circular array on a single supporting pole or other structure, and is used for the transmission and reception of radio waves in digital, analog or other wireless or personal communication services (i.e., cellular, paging, internet, etc.). CO- LOCATION: The placement of wireless telecommunication antennas by two (2) or more service providers on a tower, building or structure. COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES: Licensed commercial wireless telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public. FEDERAL COMMUNICATIONS COMMISSION: The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level. GUYED TOWER: A tower that is supported, in whole or in part, by wires and ground anchors. LATTICE OR SELF - SUPPORTED TOWER: A tower erected on the ground that consists of metal crossed strips or bars to support antennas and related equipment. MAST: That portion of the outside antenna system to which the antenna is attached, and the support of extension is required to elevate the antenna to a height deemed necessary for adequate operation. PRIVATE PROPERTY: Land that is not "public property" as defined in this section. PUBLIC PROPERTY: Land owned or operated by a government entity. PUBLIC UTILITY: Persons, corporations, or governments supplying gas, electric, transportation, water, or landline telephone services to the general public. For the purposes of this chapter, wireless telecommunication service facilities shall not be considered public utility uses and are defined separately. SERVICE PROVIDER: Any individual or entity that provides wireless telecommunication services. TOWER: Any pole, monopole, spire, or structure (excluding structures required for the transmission of electric energy), or any combination, to which any antenna could be attached, or which is designed for any antenna to be attached, and all supporting lines, cables, wires and braces. (Amd. Ord. 364, 2- 19 -08) TOWER, MULTI -USER: A tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity. TOWER, SINGLE USER: A tower to which is attached only the antennas of a single user, although the tower may be designed to accommodate the antennas of multiple users as required in this chapter. (Ord. 270, 12 -5 -2000) 9 -12 -3: PERMIT AND LEASE AGREEMENT REQUIRED: All towers and antennas over thirty five feet (35') from ground level shall require a conditional use permit and building permit approvals from the City. All towers and antennas on City -owned public property shall require a lease agreement with the City. Any changes to a tower or antenna shall require an amended conditional use permit. (Ord. 364, 2 -19 -2008) 9 -12 -4: HEIGHT REQUIREMENTS: A. In Commercial and Industrial zoning districts, towers and antennas may not exceed 150 feet in height. B. In residentially zoned districts, towers and antennas may not exceed 120 feet in height. C. Antennas (including the mast) may be mounted on a building or structure provided that the antennas do not extend over fifteen feet (15') above the highest portion of the roof of the building or structure. (Ord. 364, 2 -19- 2008) 9 -12 -5: ZONING DISTRICT REGULATIONS: A. Residential Zoning Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may be allowed only in the following residentially zoned locations: (Ord. 270, 12 -5 -2000; amd. 2003 Code) a. Church sites, when camouflaged; b. Public land, including City water towers, schools, and publicly - purchased parks when the City Council determines that the tower will not adversely affect the use of the park or neighboring properties; (Ord. 364, 2 -19 -2008) c. Utility and transmission structures located in public rights -of -way; when attached thereto; and d. Utility and transmission structures located outside of public rights -of -way, exclusively to serve the structures. (Ord. 364, 2 -19- 2008) 2. Only one tower or monopole shall exist on any one residentially zoned parcel of land. B. Commercial And Industrial Districts: 1. Towers supporting antennas and conforming to all applicable provisions of this chapter may be allowed only in the following commercially and industrially zoned locations: a. Industrial (1) zoned parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; b. Commercially zoned parcels (Shopping Center SC and General Business GB) parcels of land when the appearance is consistent with the surrounding area and is compatible with the use; and c. Utility and transmission structures located in public rights -of -way when attached thereto. d. Utility and transmission structures located outside of public rights -of -way exclusively to serve these structures. (Ord. 364, 2 -19- 2008) 2. Only one tower shall exist on any one industrially or commercially zoned parcel of land. (Ord. 270, 12 -5 -2000) 9 -12 -6: COLOCATION REQUIREMENTS: All telecommunication towers erected, constructed, or located within the city shall comply with the following requirements: A. A proposal for a new telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing approved tower or building due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed structural engineer, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost. 3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer. 4. Other unforeseen reasons that make it infeasible to locate the planned telecommunications equipment upon an existing or approved tower or building. B. Towers must be designed to allow for future arrangement of antennas upon the tower and to accept antennas mounted at varying heights. A tower one hundred feet (100') or more in height shall accommodate at least three (3) additional users. (Ord. 270, 12 -5 -2000) (Ord. 364, 2 -19- 2008) 9 -12 -7: DESIGN REQUIREMENTS: Telecommunication service towers shall be of a monopole design unless the City Council determines an alternative design would better blend into the surrounding environment. Lattice towers are prohibited. (Ord. 270, 12 -5 -2000) 9 -12 -8: SETBACKS: Towers shall conform with each of the following minimum setback requirements: A. Towers and ground mounted equipment shall meet the building setbacks of the underlying zoning district as stated in the zoning ordinance. B. Towers shall be set back from all structures and all property lines at a distance equal to the height of the tower (plus an additional 10 feet), unless a qualified professional structural engineer certifies in writing that the collapse of the tower will occur within a lesser distance under all foreseeable circumstances. C. A tower's setback may be reduced or its location in relation to a public street or neighboring property varied, at the sole discretion of the City Council. The Council's decision must be based on legitimate findings such as, but not limited to: a. Aesthetic concerns b. Safety concerns c. City staff review (Ord. 364, 2 -19 -2008) 9 -12 -9: GENERAL REQUIREMENTS: All towers and antennas for which a permit is required shall comply with the following requirements: A. Lighting: Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. B. Signs And Advertising: The use of any portion of a tower for signs is prohibited. Warning or equipment signs are exempt from this provision. C. Supplemental Information: Applications for towers shall include the following supplemental information: 1. A report from a qualified and licensed professional engineer that: a. Describes the tower height and design including a cross section and elevation; b. Documents the height above grade for all potential mounting positions for co- located antennas and the minimum separation distances between antennas; c. Describes the tower's capacity, including the number and type of antennas that it can accommodate; d. Documents what steps the applicant will take to avoid interference with established public safety telecommunications; e. Includes an engineer's stamp and registration number; f. A coverage map showing what portions of the city will be served by the user, along with future coverage plans and potential construction sites to provide similar service elsewhere in the city; g. A report indicating that the request meets technical emission standards set by the FCC; and h. Includes other information necessary to evaluate the request. 2. For all telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use. 3. Before the issuance of a building permit, the following information shall be submitted to the city: a. Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration; and b. A report from a qualified and licensed professional engineer that demonstrates the tower's compliance with the aforementioned structural and electrical standards. (Ord. 270, 12 -5 -2000) 9- 12 -10: GROUND MOUNTED EQUIPMENT: A. Ground mounted equipment shall be stored within a closed, secure building. All buildings accessory to a tower or antenna shall be architecturally designed to blend in with the surrounding environment. (Ord. 364, 2 -19 -2008) B. Screening shall be provided in compliance with Chapter 12 -13 -5. (Ord. 9- 12 -11: NONCONFORMING ANTENNAS AND TOWERS: Antennas and towers in existence prior to the adoption of this chapter that do not conform to or comply with the provisions of this chapter may continue in use for the purpose now used and as now existing but may not be structurally altered without complying with this chapter. (Ord. 270, 12 -5 -2000; amd. 2003 Code) 9- 12 -12: INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATIONS PROHIBITED: No new or existing telecommunications services shall interfere with public safety telecommunications. (Ord. 270, 12 -5 -2000) 9- 12 -13: DAMAGED OR DESTROYED ANTENNAS AND TOWERS: If an antenna or tower is damaged or destroyed due to any reason or cause whatsoever, the same may be repaired or restored to its former use, location and physical dimensions upon obtaining a building permit. The repair or restoration must comply with this chapter. Provided, however, that if the cost of repairing such damaged or destroyed antenna or tower would be fifty percent (50 %) or more of the cost of purchasing and erecting a new antenna or tower of like kind and quality, as estimated by the Building Official, and to the former use, physical dimensions and location, then the antenna or tower may not be repaired or restored except in full compliance with the requirements of this chapter. (Ord. 270, 12 -5 -2000; amd. 2003 Code) 9- 12 -14: ABANDONED ANTENNAS AND TOWERS: Any antenna or tower that is not used for one year shall be deemed abandoned. Within ninety- (90) days of notice by the city, the antenna or tower and all other associated equipment must be removed from the property. If the antenna or tower and equipment are not removed from the property within the time period as stated herein, a public nuisance may be declared, and the city may order that the public nuisance be abated in a manner consistent with ordinances and policies of the city. (Ord. 270, 12 -5 -2000; amd. 2003 Code) 9- 12 -15: VARIANCES: Variances from the provisions of this chapter shall be processed and granted or denied in the same manner and based on the same criteria as stated in the city zoning ordinance. (Ord. 270, 12 -5 -2000) 9- 12 -16: VIOLATION; PENALTIES: Any person who shall violate any provision of this chapter shall be charged with a misdemeanor and upon conviction thereof, shall be subject to applicable fines and imprisonment as See section 12 -15 -7 of this code. defined by state law. In addition to the penalties imposed by this chapter, the city may exercise, with or separately from such penalties, all and any other legal and equitable remedies then available to the city by this chapter, or by statute, or by other ordinances of the city, or by applicable rules or regulations, to enforce this chapter, including, without limitation, injunction. (Ord. 270, 12 -5 -2000) D T Y O F JOVE: 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 irector FROM: Courtney Bednarz, City Plann4 SUBJECT: Consider Conditional Use Pennit/Shadowbrook East Park/Clear Wireless LLC — Planning DATE: March 2, 2010 INTRODUCTION Clear Wireless, LLC is seeking to locate a 118 foot tall tower and wireless internet antenna array within Shadowbrook East Park. A conditional use permit is required to locate antenna above 35 feet in height. DISCUSSION The attached photosimulation illustrates what the antenna will look like from ground level. The attached plan set shows the proposed location of the tower within the park and provides additional details about the proposed tower, 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. Review Criteria 12 -14 -6 B. provides the following general criteria for granting conditional use permits: 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, setback and collocation requirements of City Code 9 -12. Location Staff requested additional materials to illustrate the limits of the coverage area where the tower could be located. The applicant has provided the attached letter and maps to describe the site search process that led to the selection of Shadowbrook East Park for the proposed installation. An engineer will also be present at the meeting to provide further information on the site selection process. Generally, 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. The location within the park is driven by the constraints of the site, including the existing ball field, play equipment, wetlands and parking area improvements. Ground Mounted Equipment 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. The cabinet is proposed to be connected to the tower with an above ground conduit as shown on the attached plan set. The applicant indicated the connection can be buried as was proposed with the tower in Hidden Creek North Park. This has been added as a condition of approval. A six foot tall chain link fence will enclose the tower and cabinet within a twenty foot by ten foot area. Staff is recommending that slats be provided in the fence to provide screening of the ground mounted equipment. The slats are noted on the attached plan set. The proposed lease space is thirty feet by thirty feet to allow additional ground mounted equipment if additional antennas are collocated on the tower in the future. It is anticipated that the fenced area would need to be expanded, potentially to the limits of the leased area in the future, if this occurs. Screening There are existing trees between the proposed location and the play area to the south as well as trees in the wetland to the east. The applicant has agreed to provide additional screening if desired by 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 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 Planning Commission recommended approval of this item with a 4 -2 vote. The recommendation included a request that the Park and Recreation Commission make a determination about where the tower should be located. The minutes from this meeting are attached. Park and Recreation Commission Recommendation The Park and Recreation Commission recommended approval of the Clear Wireless proposal with a 5 to 2 vote. The minutes from this meeting are attached. ACTION REQUESTED The Council is asked to approve the conditional use permit subject to the conditions of the attached resolution or to deny the conditional use permit request with findings of fact based on the review criteria shown on the first page of this staff report. Attachments Resolution Location Map Photosimulation Plan Set Photograph of Ground Mounted Equipment Applicant's Letter Applicant's Site Search Letter Resident Correspondence Planning Commission Minutes Park and Recreation Commission Minutes City Code 9 -12 Antennas and Towers (attached to previous item) Cc: David Hagen 10715 39th Avenue North Plymouth, MN 55441 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA RES. NO. A RESOLUTION APPROVING/DENYING THE CONDITIONAL USE PERMIT REQUEST FOR A WIRELESS INTERNET ANTENNA INSTALLATION FOR CLEAR WIRELESS, LLC LOCATED AT 13789 BUTTERNUT ST NW LEGALLY DESCRIBED AS CITY PARK 2, SHADOWBROOK FOURTH ADDITION, 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, 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 has received the Planning Commission recommendation and approves /denies the proposed 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 tower, antennas and ground mounted equipment shall conform to the plans revised November 11, 2009, 3) The applicant shall obtain a building permit for construction of the tower and associated equipment as required by City Code 9 -12 -9. 4) The applicant shall restore any areas of the subject property disturbed during construction of the tower to equal or better condition than currently exists. 5) 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: Michelle Hartner, Deputy City Clerk Michael R. 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Enclosed are the following: 1. Application forms for each of the sites signed by me as agent for Clearwire; 2. 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; 3. Photographs of the setting for each of these locations with towers, antennas and ground equipment enclosed in chain link fence simulated on them; 4. A letter from Clearwire Radio Frequency Engineer Gyan Pandey addressing interference with public safety telecommunications, service coverage in the City of Andover and FCC emission regulation compliance. Two attached maps model service coverage without and with the rive proposed Andover sites activated; 5. A letter from Clearwire Project Manager John Thielen indicating that Clearwire will allow collocation on the proposed towers; and 6. A map showing the search radii within which the two proposed sites are located (MN- MSP305- Andover Lions Park and MN- MSP425 Shadowbrook East Park). 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 somewhat more than one mile apart is required. Clearwire's standard antenna configuration consists of three panel antennas about four feet long by one foot wide and three microwave dish antennas 26" in diameter. The area surrounding the antenna site is, for coverage purposes, divided into three equal sectors and panel antenna are oriented at the middle of 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. At the request of the City Clearwire is using a stealth antenna design where the antennas are housed within the circumference of the tower structure. A base station (43 "H x 47 "W x 30 "D) is located next to the base of the towers, all within a six foot high chain link fence. Page 2- November 18, 2009 Letter to Andover City Council and Planning Commission Andover City Code Title 9, Chapter 12, Section 9- 12- 6:A.3. requires that the City Council must find that an the antenna tower cannot be accommodated on an existing approved tower or building. In these cases there are no exiting or approved towers or buildings within the search radii to accommodate the planned antennas at a height necessary to function reasonable. Andover City Code Title 9, Chapter 12, Section 9- 12 -6:13. requires that towers be designed to allow for future arrangement of antennas at varying heights. The ordinance requires and plans indicate that each of these towers will accommodate three users in addition to the Clearwire antennas. Andover City Code Title 9, Chapter 12, Section 9- 12 -8:13. requires that towers be set back from all property lines a distance equal to the height of the tower plus an additional ten feet, unless a certification is provided that collapse of the tower will occur within a lesser distance under all foreseeable circumstances. The two towers are setback at least their height plus ten feet from all abutting property lines except for the property line to the west of the proposed tower at Lions Park. In that case the tower is 120' tall but is setback only 97' from the property line to the west. The required certification will be provided with the tower design when the building permit is applied for. Andover City Code Title 9, Chapter 12, Section 9- 12- 9:C.1.a., b., and c. require a description of the tower height, and design including cross sections and elevations, a description of the tower's capacity, including the number and type of antennas that can be accommodated and documentation of the mounting heights for collocated antennas and separations distances between antennas. The plan sets include cross sections and elevations, as well as the type of antennas that can be accommodated and documentation of mounting heights and separations between collocated antennas. Engineer - stamped plans will be submitted to the City of Andover with the building permit application as required by Andover City Code Title 9, Chapter 12, Section 9- 12- 9:C.l.d. 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. Two checks in the amount of $530 will be provided by November 24 to pay for the application fee, the public notification sign and recording the conditional use permit. Please contact me at 763- 245 -4852 or DAHagen cUive.com if additional infonnation is required. Thank you. Sincerely, g, David Hagen, Buell Consulting, Inc. Agent for Clear Wireless LLC Applicant's Site Search Letter Antenna Siting Process - Generally and In Andover Clear Wireless LLC ( Clearwire) is requesting conditional use permits for antenna tower sites in Andover Lions Park and Shadowbrook East Park in the City of Andover. This piece explains briefly the systematic process the company went through in proposing antenna sites to provide wireless high- speed- broadband internet service to Andover. It also lists and describes the various candidates that were considered to provide coverage to the urbanized part of the southeast Andover. The frequency (2500 -2690 MHz) and transmission speed (7 -9 Mbps) dictate that antennas be ideally spaced about one mile apart. With a high priority on in- building coverage, Clearwire locates antenna sites strategically to cover as much population as possible at the same time minimizing gaps in coverage. Overview of Antenna Siting Process The process of siting antennas is standard industry-wide. It begins with radio frequency engineers identifying center points of search areas. These center points are passed on to site acquisition agents who find candidate sites as close as possible to the center of the search areas. Early in the site candidate identification process the zoning ordinance and zoning map are reviewed to determine where antenna sites may be located. Almost all zoning jurisdictions require that antennas be located on existing structures tall enough for radio signal propagation, if they are available. If no existing structures are available, sites that meet zone, use, size and setback criteria of the zoning ordinance are identified. After the site acquisition agent determines that the land owner of a candidate site has interest leasing space on an existing structure or land for a tower for antennas and equipment, the agent prepares and submits an informational packages on that site. Agents strive to identify three viable site candidates for each search area to provide choice. The radio frequency engineer reviews the various site candidates submitted by the site acquisition agent and declares one of the candidates the primary site. The site acquisition agent then again contacts the owner of the primary site to negotiate a lease agreement with the owner. The site acquisition agent also secures zoning approval for the site and obtains a building permit for its construction. Andover Search Areas Seven search areas located wholly or partly within Andover were set forth in the initial coverage plan for the area. The first attached maps identifies the center of these search areas and the second locates the candidate designated "primary" for the search areas as well as area with coverage in blue. Search areas #304 and #422 are centered on the Andover City Hall Water Tower and the Rose Park Water Tower, antenna sites that have been leased and zoned. Search area #266 is centered on an existing antenna tower in a City of Anoka Public Works storage yard that has also been leased and zoned. An eighth search area ( #540) was added late in the site candidate identification phase and at its center is a leased and zoned existing antenna tower on Anoka Public Utilities property. Search area #229 is just south of the City of Andover and the primary site for this search area is a City of Coon Rapids Water Tower located near its center. 1 Applicant's Site Search Letter The primary candidates for the remaining three search areas are parks in the City of Andover. The primary site for search area #423 is in Hidden Creek North Park and zoning for this site has been approved by the City. Lions Andover Park is the designated primary site for search area #305 and Shadowbrook East Park is the designated primary site for search area #425. Andover Zoning; Ordinance The Andover Zoning Ordinance requires that existing approved towers or buildings be used for attachment of antennas, if high enough. If a tower or building is not available a tower may be constructed with a conditional use permit in commercial or industrial zoning districts or on parcels used for institutional, public or utility purposes in residential zoning districts. The City may grant a conditional use permit for a tower on a residentially zoned parcel used specifically for a church; public uses including water towers, schools, and publicly purchased parks when City Council determines no adverse affect on use of the park or neighboring properties; utility and transmission structures located in public rights -of -way when attached thereto; and utility and transmission structures located outside of public rights -of -way to provide service to an area. Search Area #305 An existing antenna tower located about 3/4 mile southwest and a second about % miles west - southwest from the center of search area #305 were submitted as candidates for this search area. In addition the proposed Lions Andover Park site about'' /4 mile southeast of the search area's center was submitted as a candidate and designated primary. The Andover Lions Park site was designated primary based on its proximity to the center of the search area and its high elevation relative to other land in the search area. Redwood Park, Hills of Bunker Lake West, Creekview Crossing and Coon Creek are City parks that were considered. The first three were not as large as other parks in the search area and the fourth is low in elevation and high in flooding potential. Bunker Hills Park is '/z mile south of the center of the search area and would not maximize use of the antenna site, given the lack of inhabited buildings in the park. A city -owned lot used for utilities located along Bunker Lake Boulevard west across the railroad tracks from the south end Lions Andover Park is smaller and much closer to adjacent residential than the proposed Lions Park site. There are no commercially or industrially zoned parcels, churches, water towers, schools, transmission structures or other utility structures close enough to the center of the search ring to be viable. Search Area #425 No existing structures in this search area reach the height required for signal propagation. Bunker Hills Park is located south of the center of the search area and was submitted as a candidate. Strategy 5(e) in Chapter 2 of the Anoka County Parks Plan indicates, however, that antenna towers for telecommunication services may locate in regional parks (Bunker Hills Park being one) only if the communication system is not able to function without placement of the tower on regional parks system land and all other alternatives have been exhausted. Shadowbrook West Park was found to be too small for placement of a tower. There are no commercially or industrially -zoned parcels in the area and no churches, water towers, schools, transmission, or utility structures close enough to the center of the search ring to be viable. 2 1 live in Shadowbrook East next to the ball fields and have three small children. I see that there is a DProposal for a tower going in over by the park and ball fields for use by OTHER densely populated I areas of Andover. Then put the tower in the dense) about putting a tower next to a park that many many children play at and next to ball I fields? I am totally one hundred percent against this. What is this going to do to my property value when I want to sell? Concerned Parent of Shadowbrook East, Sandra Weibye Courtney, Thanks for the Staff Report. I would also like to say that I live in the Shadowbrook development that is located right by the ball fields. I cannot understand why our park was picked for a wireless tower. We have no problem with receiving any wireless communications. We have satellite tv and high speed internet just like any other residential home. We are located within the city limits and are not in • densely populated area. I think that the tower that is proposed to go into Shadowbrook East park is • mistake. There are too many children nearby that the tower could pose a harm, not to mention an eye sore for anyone that backs up to the park for real estate value. I realize that the city will make some money from the rental of the land, is that money just going to Shadowbrook East park usage? Shadowbrook park is a fairly new facility, I know that it costs money for the upkeep of parks, but I find it hard to believe that the money the city receives for the tower would all be going to just this park. As stated in the letter we received, there was a mention to the scenic view, we love our view and that could pose a problem, even if more evergreen trees were planted, that could bring harm to the park (too much coverage for someone to hang out and not be seen; wildlife to hide in and pose a threat to the traffic on Bunker Lake Blvd, etc ). Did anyone research the possibility of a lightening strike? 118 feet is awful high? I certainly hope that the residents of Andover will get a chance to be heard. The city of Andover has alot of land that is not being used by residents, maybe those areas should be looked at and not the populated ones. We currently do not have any interference withing our home and if this proposal goes through, I hope we do not experience any. Thanks Teresa Johnson Courtney, Please accept this as our official comment on the public hearing to be held 2/9 @ 7 pm in regard to Conditional Use permit 10 -03 being considered for Clear Wireless, as we cannot attend the hearing in person. My husband John and I own a home in Shadowbrook East subdivision, 161 147th Ave NW, and are AGAINST the construction of a wireless tower in Shadowbrook East park. We have owned this house for almost 3 years and we have seen the property values in our subdivision decline by over 20% in that timeframe, due to the high number of foreclosures in the Andover area. And we DO NOT believe the city of Andover should add another item to contribute to the declining home values. Wireless towers are an eyesore to the natural landscape and should not be located in a city park ... which is seen as positive for our property values. We want the City of Andover to consider the homeowners and the poor economic climate we face with our home investments. We need to the city to think about ways to help us with our declining home values, before thinking about allowing a corporation to construct a tower that will hurt our investments. Regards John & Shana Dumesnil 161 147th Ave NW Andover, MN 763 354 -8878 (cell) February 9, 2010 Courtney Bednarz City Planner 1685 Crosstown Boulevard NW Andover, MN 55304 RE: Shadowbrook East Park Conditional Use Permit 10 -3 Mr. Bednarz: I respectfully request that you, and the Andover City Council, deny Clear Wireless, LLC's request to place a telecommunications tower in Shadowbrook East Park because it will adversely affect the park and the surrounding neighborhood. Shadowbrook East Park is a community playfield park. While the park is listed at 22.91 acres, a significant portion is swamp or wooded. The park has two baseball fields, a playground, a basketball court, and parking lot shoehorned into the developable land that is available. The outfield fences that abut the woods are no more than 350 feet from the residential property line at their farthest point. The tallest structures at the park are the backstops for the baseball fields. Placing a tower at the park would instantly make it the dominant feature of the park. The tower would be close to 100 feet taller than any other structure at the park. Given the compactness of the park, there is no open area that would accommodate a tower and its surrounding 6'x6' cage without it being a significant eyesore to the surrounding residences or a hazard to the ball players and users of the park. Further, I feel that the property values of the surrounding residences would decrease because the tower would be discordant to the park's current and intended use. Lastly, the notice I received places the tower in the middle of left- center field in the southern park. Is this really the proposed location? Because Shadowbrook East is a compact park with no available area to place a tower without adversely affecting the park and the surrounding residences, I ask that the Andover City Council deny Clear Wireless, LLC's request to place a telecommunication tower in the park. Sincerely, Brendan Krasean 13767 Butternut St. NW Andover, MN 55304 Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes —February 9, 2010 Page 6 PUBLIC HEARING. CONDITIONAL USE PERMIT 10 -03 TO CONSIDER TELECOMMUNICATIONS TOWER FOR CLEAR WIRELESS, LLC IN SHAD0WBROOK EAST PARK LOCATED AT 13 78 9 B UTTERNUT STREET NW. Mr. Bednarz noted Clear Wireless, LLC is seeking to locate a 118 foot tall tower and wireless internet antenna array within Shadowbrook East 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 Walton left the meeting. Motion by Casey, seconded by Cleveland, to open the public hearing. Motion carried on a 5 -ayes, 0 -nays, 1- present (Walton) vote, 1- absent (Kirchoff) vote. Mr. Jason Kunzie, 13881 Sycamore Street, thought this proposed construction of the towers seemed a bit counter to the City's effort in working with the Trust for Public Land for preserving open space. He stated they have open space and they are building on it and allowing commerce to build on it for a service that he did not think was needed. Mr. Bednarz reviewed the open space bond referendum with the residents and where towers are allowed in public areas of the City. Commissioner Walton returned to the meeting. Mr. Larson, 987 139"' Avenue, asked what Clear Wireless' market in Andover is and do they really need the service. He wondered what will happen if this service does not pan out and he also wondered who will be able to access this service and would they have to subscribe to the service to use it. Mr. Dave Hagen explained they are providing a service that will compete with other internet providers and at about half the cost with superior service. He understood there were a large number of home businesses located in Andover that would utilize this service. He reviewed with the Commission who were the owners of Clear Wireless, LLC. He stated that if the towers are not used he thought they would be taken down. Commissioner Cleveland asked how many other antenna arrays could be placed on a tower of that size. Mr. Hagen stated up to three additional antenna arrays could be placed. The Commission reviewed with Mr. Hagen alternative sites for this tower. Chairperson Daninger asked if Clear Wireless has approached Anoka County regarding their tower in the area for placement of an antenna. Mr. Hagen stated they have ffiftW(l Regular Andover Planning and Zoning Commission Meeting DRAFT Minutes —February 9, 2010 Page 7 approached them and it was submitted as a possibility to their radio frequency engineers and it was outside of the search area. Mr. Hagen discussed with the Commission other possible sites he had submitted for consideration. Motion by Casey, seconded by Walton, to close the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Commissioner Walton asked if there is anything in the contract regarding removal of the tower if it is not being used or goes out of business. Mr. Bednarz stated he was not sure if there was a clause in the contract regarding removal and who would pay for the removal. The Commission agreed they would like the Park Commission to review this item and make a recommendation for placement of the tower. Motion by Walton, seconded by Casey, to recommend the tower in Shadowbrook but leave the location determination up to the Park Commission. Motion carried on a 4 -ayes, 2 -nays (Daninger, Goodmanson), 1- absent (Kirchoff) vote. Mr. Bednarz stated that this item would be before the Park Commission at the February 18, 2010 Park Commission and March 2, 2010 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE FOR EXTERIOR STORAGE OF COMMERCIAL VEHICLES AND STORAGE ITEMS. Ms. Perera noted the City Council directed staff to prepare two draft amendments to the City Code pertaining to vehicles and exterior storage. The direction given was to allow up to one commercial vehicle such as a truck, suburban, or a van other than a "cube van" or "moving truck" to be parked on a residential driveway. They also directed that staff prepare an amendment to allow an increased length of up to forty (40) feet for adequately screened recreational vehicles such as motor homes, campers, travel trailers that are located in the rear yards of rural lots which are two and a half (2.5) acres plus in size. The Planning Commission held a public hearing on January 12, 2010 and continued the public hearing to the meeting tonight in order to review and consider a draft amendment as discussed. Ms. Perera reviewed the staff report with the Commission. The public hearing was continued from the last meeting. There was no public input. Regular Andover Park & Recreation Commission Meeting Minutes —February 18, 2010 Page 3 REVIEWREQUESTFOR CUP /CLEAR WIRELESSISHADOWBROOKEASTPARK Mr. Haas explained that this item is in regard to reviewing a request for a Conditional Use Permit (CUP) from Clear Wireless, LLC to place a telecommunications antenna facility at Shadowbrook East Park. Mr. Dave Hagen, Clear Wireless representative, reviewed the information with the Park Commission. Commissioner Hupp stated he was not crazy about placing utilities in parks but he wondered what kind of pole they would use and what kind of agreements they would have. Mr. Hagen indicated there would be co- location availability. The pole would be designed to accommodate four carriers. Commissioner Hupp stated if this is adopted would the pole be the City's and what kind of agreement would be made between the City and Clear Wireless. Mr. Hagen stated they do not have all the details of the agreement worked out. Chair Butler stated this is a conditional use permit upon a lease agreement between City staff and Clear Wireless and would be approved by the City Council. Mr. Hagen stated they were anticipating this to be a long -term lease, possibly twenty years or more. The Commission discussed the type of pole to be used, agreements with the City and other possible locations with the applicant. Mr. Jason Kunze, 13881 Sycamore Street, stated his concern dealt with parks in general. He stated in regards to Shadowbrook East when Mr. Hagen described possibly four carriers being on the pole, would the lowest provider be an inferior position to be in therefore render that placement undesirable. He thought this would set a precedent where other carriers may want their own pole creating an array of towers. He stated another concern was the small airplane traffic coming from Blaine and he wondered if small warning lights were required for the top of this pole. He also wondered if consideration has been made for light pollution of this. He thought there was a lack of questioning by the Planning Commission and he wondered what the technology was and what benefit would Andover get from it. He thought this was the same technology they already have in a different package. He stated people in their homes do not need the mobility that this will provide. He wondered why they needed this in Andover. He thought they were taking the open space they already have and pimping it out to someone who will the pay the City money in lean economic times. Chair Butler stated the parks they are talking about are not parks paid with the money from the open space referendum. Mr. Chuck Rowley, 996 140t' Lane, stated the pole that is proposed to be placed in this location will give him a view of the pole from his window and he did not buy the lot for the pole, he bought the lot for the features it has and amenities around it. He stated he Regular Andover Park & Recreation Commission Meeting Minutes — February 18, 2010 Page 4 was not in favor of this pole being placed in this park. He stated he preferred if these were not in any of the parks in Andover. Mr. Matt Larson, 987 139"' Avenue, asked what would be the benefits to Andover residents if this were brought into the City. He thought it was concerning to have two towers that need to cover a small space in the City. He wondered what the range was for the towers and what the actual coverage will be provided to Andover. He wondered how many towers would be needed to create the coverage throughout Andover. He also wondered what the risk will be if Clear Wireless goes out of business. He wondered what would happen if this fails in the City. He wondered if this is a service Andover wants and needs and will it be utilized. Ms. Cathy Piela, 13890 Sycamore Street, stated she did not understand why they would have a referendum for open space and then back track and place these towers in City parks. She asked the Commission to look at this because she did not think it made sense for the City to give up land for these towers. Mr. Dave Hagen explained how the different carriers could utilize the towers with co- location. The Commission discussed with Mr. Hagen the height and location of different carriers on the tower. Mr. Hagen explained this tower would not require warning lights because it is not tall enough and Clear Wireless would not propose to install them on the tower. Mr. Hagen explained the wireless would be faster than what is currently available out there. Chair Butler asked what the economics are for Clear Wireless of different kinds of locations, industrial/commercial versus public spaces. He wondered if there were different rates dependent on the type of entity. Mr. Hagen stated there was not. They are paying about the same whether it is commercial or public. He thought public lands tended to be higher than commercial or industrial because when dealing with the City on a piece of land they not only own the land but have zoning control and have more leverage for negotiations. Mr. Hagen explained the range of the towers and how they work. Chair Butler asked if the towers proposed would cover the entire City. Mr. Hagen explained there would be a total of five sites in Andover and they will provide coverage to the southern part of the City. The rural area will not be covered. Mr. Hagen explained that if Clear Wireless system does not continue to exist in the future the City would have the option to require removal of the towers. Regular Andover Park & Recreation Commission Meeting Minutes —February 18, 2010 Page 5 Commissioner Van Vark asked if there has been a citywide survey to determine demand for this type of service. Mr. Haas did not know. Commissioner Hupp asked what kind of transfer rate this would provide to the community. He also wondered what kind of price range this would be. Mr. Hagen stated the spacing of the antenna sites is about a mile and a quarter apart for the system and varies with factors such as tree cover. He stated this is intended primarily for in building strength so they need the strength to reach inside a building. Commissioner Hupp asked how this would play into outdoor use. Mr. Hagen stated a person would get better coverage outside than inside. This would provide seamless coverage but not intended to be for in- vehicle use, it is more for in building use. Commissioner Ramnath asked if public emergency services have been contacted for possible use of this product. He understood this would be a 4G network. He did not think this would be comparable to fiber optics. Mr. Hagen stated as they are looking for sites they have had conversations with cities about their possible use of the systems but they are not out marketing their service. Commissioner Miskowiec stated in regards to the location in the park, they may want to reconstruct the park in the future and he wondered if this could be moved closer to the edge of the park or closer to Bunker Lake Boulevard. Mr. Hagen stated the proposed location would be the area most undisturbed in the park but they would yield to the park planners for the best location. Chair Butler asked how long ago Shadowbrook East Park was reconstructed. Mr. Haas stated it was approximately redone ten years ago. He showed a map of the park and explained the area with the tower is low land and would be no use for park activities and he felt this was the best place in the park for this. Commissioner Van Vark asked when the City ordinance that drives this was last updated. Mr. Haas stated it has been very recent. Chair Butler explained his reasons for voting in favor of this including budget cuts and there being no revenue for park maintenance. Commissioner Kowalewski stated he has been involved with the park system in one way or another over the years and felt this was a very difficult decision to make. He indicated he would be in favor of this but wanted to emphasis when they should draw the line in order to bring in funding for the parks. Commissioner Van Vark stated it seems the City has made an overall direction on how they want to proceed on these already. Regular Andover Park & Recreation Commission Meeting Minutes —February 18, 2010 Page 6 Commission Lindahl stated he would be in favor of this as long as the towers can provide additional services. Commissioner Hupp stated he did not like utilities in parks. He thought they have to rethink their planning practices when it comes to utilities and he needs to think about how is going to vote on this item. Commissioner Ramnath stated this was a hard decision to make. There are no aesthetic issues here and he was always agreeing for technology. Commissioner Miskowiec stated Minneapolis has the luxury of being able to place the antenna on telephone poles but it is not a pretty picture. Andover does not have the above ground utilities and they need to be placed someplace in the City and he would be in favor of this type of tower in the City rather than telephone poles all over the city. Mr. Hagen noted their proposal is to install a six -foot chain link fence in this park. Motion by Lindahl, seconded by Miskowiec, to recommend to the City Council approval to install a wireless internet service antenna in Shadowbrook East Park. Further Discussion There was none. Motion carried on a 5 -ayes, 2 -nays (Hupp, Van Vark), 0- absent vote. REVIEW REQUEST FOR CUP /CLEAR WIRELESS /ANDOVER LIONS PARK Mr. Haas explained that this item is in regard to reviewing a request for a Conditional Use Permit (CUP) from Clear Wireless, LLC to place a telecommunications antenna facility at Andover Lions Park. Mr. Dave Hagen, Clear Wireless representative, reviewed the information with the Park Commission. Commissioner Miskowiec asked if they had explored putting the antenna on the new Sheriff's Station. Mr. Hagen stated they have and the tower is outside of the search area they need to be and they will have an antenna on the Coon Rapids water tower which would put the two sites too close together which is the real problem. Mr. Hagen reviewed with the Commission the reason why Clear Wireless has picked this park to place their tower in. Y 0 F O j r E 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CI.ANDOVER.MN.US TO: Mayor and Councilmemebers �� CC: Jim Dickinson, City Administrator Will Neumeister, Community Deve ent rector 0oo FROM: Angie Perera, Associate PlannerAw -f SUBJECT: Consider City Code Amendment/Exterior Storage of Commercial Vehicles and Other Storage Items. DATE: March 2, 2010 INTRODUCTION The City Council directed staff to prepare two draft amendments to the City Code pertaining to vehicles and exterior storage. The direction given was to allow up to one commercial vehicle such as a truck, suburban, or a van other than a "cube van" or "moving truck" to be parked on a residential driveway. The Council also directed that staff prepare an amendment to allow an increased length of up to forty (40) feet for adequately screened recreational vehicles such as motor homes, campers, travel trailers that are located in the rear yards of rural lots which are at least two and a half (2.5) acres in size. The Planning Commission held a public hearing on January 121h and continued the public hearing to their February 91h meeting where they considered a draft code amendment. The minutes from previous meetings are attached with this report for your reference. DISCUSSION The focus tonight will be to review the draft amendment as proposed and to provide feedback. Staff has attached additional information with this report that includes examples of parking codes from other communities and information pertaining to weight of vehicles that may be of useful reference for the purpose of further discussion pertaining to this topic. Notes in the margins reference where certain language has been moved as described. The proposed changes are summarized and outlined numerically below corresponding with the draft amendment that is attached. Summarized Draft amendments as proposed: (Page 1 -2) Section 12 -12 -2, Definitions It is important to mention that there were restrictions within a few definitions that have now been removed and placed appropriately under the restrictions within sections where the definition is referenced (ie. "commercial vehicle ", "private garage "). 1) Commercial Vehicle - The language regarding advertisement was removed from the definition (as permitted and prohibited in Pages 4, 5, and 6). 2) Motor Vehicle - The language pertaining to a trailer was removed from this definition since a separate definition for a trailer is being proposed. 3) Garage, Private - The weight restriction has been removed from this definition since weight is now restricted under the permitted and prohibited parking areas (Pages 4, 5, and 6). 4) Recreational Equipment - Recreational equipment is more often considered as exterior storage rather than perceived as a vehicle therefore unoccupied boats has been removed and included in the definition of recreational vehicle instead. - The unoccupied trailer up to twenty (20) feet in length was also removed and a definition of trailer has been added. 5) Recreational Vehicle - This definition has been reworded primarily to include additional vehicles such as boats, snowmobiles, converted buses licensed as an RV, all- terrain vehicles, and other similar portable structures as defined. - The definition also now includes language specifying that recreational vehicles parked on or inside a trailer should be considered as one recreational vehicle. It is important to add this statement since this has been the policy on how such things have been enforced historically. 6) Trailer - This definition has been added since one currently does not exist. (Page 2 -3) Section 12 -13 -3, Exterior Storage, A. Residential Districts, 7) Subpart 2. (Building or landscaping materials) - landscaping materials has been included here since both building materials and landscaping materials are often stored on residential properties for certain projects and are typically only kept on the property temporarily. - Additional language has also been included regarding a timeline for these materials to be allowed to remain on the property. This has been an un- written rule that allows some flexibility to keep these things on the property while completing a project. 8) Subpart 4. (Parking of certain vehicles, trailers and recreational vehicles) - It would be more appropriate to consider these items as vehicles versus exterior storage items. This section has been reworded and moved to the permitted use of residential parking section of the City Code (as proposed on Page 5). - Special mobile equipment has been added in replace of the former subpart 4. There is already a definition for special mobile equipment and should be utilized in this section to make note of when this type of equipment is permitted and prohibited. o (For reference purposes): Special mobile equipment is currently defined as "any vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, including, but not limited to: ditch digging apparatus, moving dollies and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, non -farm tractors other than truck tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth moving carryalls, scrapers, power shovels, drag lines, self - propelled cranes and earth moving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, truck mounted feed grinders or other motor vehicles designed for the transportation of persons or property to which machinery has been attached ". (Page 3 -6) Section 12 -13 -8, Off Street Parking Requirements 9) A. Purpose. - Minor changes have been added to the purpose statement. 10) Section 12 -13 -8, C.3.Permitted Use of Parking Area - The word "Residential" has been added since that is the current intent of this section. 11) Subpart a. Driveways - Some language was removed such as "parking facilities" since "parking facilities" is not defined or needed anymore due to other changes that are being proposed. 12) Subpart b. Driveways & Private Garages: - This section has been deleted, reworded and added back in to the City Code (as proposed an Pages 4, 5 and 6). - Garages have been combined in with this subpart as proposed. - It was important to note a restriction for the weight limit and height here. The weight limit of 12,000 pounds gross vehicle weight (GVW) is the same weight limit for what is currently allowed in a private garage. - The weight limit of 12, 000 pounds is also listed in other sections currently. - Most other communities that staff researched allow a maximum GVW of up to 12,000 pounds and have provided feedback that this weight tends to deter the more heavy duty vehicles such as tow trucks, cement trucks, dump trucks and etc. - Staff has found that most vans have a GVW of approximately 9,000 pounds. While this could be a weight that is considered, it may be on the borderline of allowing and not allowing certain vans. - The height of no more than nine (9) feet was based off of other communities parking codes, the height of a standard garage door on a residential building, and the clearance of a standard van and truck as measured from the ground. - The height of the carrying area not exceeding the height of the operating area was added to prohibit the "cube vans" that typically have the large box on the rear of the vehicle that exceeds the height of the operating area. The smaller cube vans would otherwise meet the nine (9) feet height restriction. - Please refer to the Planning Commission's recommendations and Exhibits A and B for details regarding additional language that could be considered. 13) Subpart b. Private Garages: - This is text is already in the City Code and is not being changed. 14) Subpart c. Rear Yards: - This section has been added and essentially carried over from the Exterior Storage section (that was removed from Page 3). - The provision for an increased length of up to forty (40) feet has been added for rural lots. 15) Subpart d. (commercial vehicle and special mobile equipment exceptions): - There will be situations that arise where a commercial vehicle and/or special mobile equipment may be allowed in excess of the weight and height restrictions as previously noted. 16) Section 12 -13 -8, C.4.Prohinited Use of Parking Area - The only change proposed in this section is the addition of semi - trailers being prohibited. Semi - trailers are currently prohibited under the permitted use of parking in subpart 3.c. Other amendments incorporated: The following sections of the City Code will also need to be consistent with any proposed amendments that are made as listed above and will rely upon the weight limit factor that is determined. (Page 6 -9) Title 12: Zoning Regulations, Chapter 9: Home Occupations 17) Section 12 -9 -2 Permitted Home Occupations; Location Restrictions F - This section pertains to vehicles associated with home occupations and restricts the weight limit to a gross vehicle weight of no more than 12,000 pounds. This section was revised to refer to the applicable sections of the City Code for specific details regarding parking, motor vehicles, and traffic regulations. (Page 9 -10) Title 6: Motor Vehicles and Traffic, Chapter 2: Parking Regulations; Street Obstructions 18) Section 6 -2 -1, B. Vehicle Length and Weight Restrictions - This section prohibits a vehicle in excess of twenty four (24) feet in length or in excess of one ton to be parked on the street. The only change being proposed is the addition of "carrying weight". The intent of the section does not change and remains consistent with seasonal weight restrictions. Persons with commercial vehicles should keep in mind that there are seasonal weight restrictions and also snow fall regulations regarding streets therefore property owners who may wish to have a commercial vehicle(s) on their property should keep in mind that accessing their property during these times or parking that vehicle on the street may not be permitted. Planning Commission Recommendation The Planning Commission recommended approval of the ordinance amendment as proposed by staff with a 6 to 0 vote. The Planning Commission recommended not requiring screening for recreational vehicles exceeding twenty (20) feet in length on rural lots since it would be difficult to define or regulate "adequate screening ". The requirement of screening for recreational vehicles also seemed to be irrelevant given the size of a rural lot is a minimum of two and a half (2.5) acres and the setbacks already in place from neighboring residential dwellings. Staff presented a drawing of ten different types of commercial vehicles (Exhibit A) to be considered for regulatory purposes. Exhibit B also shows photos of those types of commercial vehicles with the Planning Commission's recommendation noted in the margins for each of those ten examples. The Planning Commission was in favor of allowing the vehicle types numbered as 3, 4, 7, 8, and prohibiting vehicles numbered 1, 2, 5, 6, and 10. Staff Recommendation Staff has incorporated the Planning Commission's feedback in with the draft amendment with the exception of their recommendation regarding prohibiting a commercial vehicle type as depicted in number 5 on exhibits A and B. The City Attorney may wish to provide a verbal comment regarding his opinion on this at the meeting. The Attorney's opinion is that vehicles numbered as 5 and 7 are very similar in style. He did also suggest that if the intent is to prohibit a school bus, which is similar in style to the vehicle numbered 5 then the City Code should state that school buses are prohibited. Staff would like the City Council to discuss this and consider the following language that could be added to incorporate the Planning Commission's feedback pertaining to vehicles numbered as 5 and 7. It would be difficult to enforce the addition of criteria number 4 as noted below due to so many variations of styles of similar vehicles. (Page 5) Section 12 -13 -8, C. 3.b. Adding the addition of a fourth criteria for commercial vehicles: 4) No part of the vehicle shall hang or extend over the windshield /operator area. OR (Page 5) Section 12 -13 -8, C. 4.a. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of semi - trailers, school buses, or vehicles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments. ACTION REQUESTED The Council is requested to adopt the ordinance as proposed (or with modifications) and also adopt the summary ordinance that will be published in the Anoka Union. R spectfully Submitted, i t gie r a Associate lanner Attachments Draft Ordinance Amendments Summary Ordinance Exhibit A (Drawings of types of vehicles presented to the Planning & Zoning Commission) Exhibit B (Examples of Exhibit A with recommendations of the Planning & Zoning Commission) Minutes: February 9, 2010 Planning & Zoning Commission meeting November 24, 2009 City Council meeting December 8, 2009 ARC meeting January 12, 2010 Planning & Zoning Commission meeting Comments submitted from residents Additional Resources CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: TITLE 12: ZONING REGULATIONS CHAPTER 2: RULES AND DEFINITIONS 12 -2 -2: COMMERCIAL VEHICLE: Any vehicle, including truck, semi - tractor, or van, primarily used for the movement of cargo or passengers in the normal operation of a business. "Gernmemial h' I " hall + be I' '+ d to veh*Gles with advertising permau nently or temporarily affixed to the body of the vehicle MOTOR VEHICLE: Any self - propelled vehicle not operated exclusively Z upon railroad tracks and any vehicle nrenelled or r Fawn by o self propelled vehinl and inGlUdeG vehicles known as trackless trolleys that are propelled by electric power obtained from overhead trolley wires but not operated upon rails, except snowmobiles and mobile homes. GARAGE, PRIVATE: A detached or attached accessory building or carport, which is used primarily for storing passenger vehicles, trailers, or ene tRJGk of a rated oo '+ + ' a. v. u �acc... .....�.,.....,ay not u n .avc -...a RECREATION EQUIPMENT (IN RESIDENTIAL DISTRICTS): Play apparatus such as swing sets and slides, sandboxes, poles for nets, UAGGGUpied beats trailers not e)(Geeding twenty feet (20') in length-, picnic tables, lawn chairs, barbecue stands, and similar equipment or structures, but not including tree houses, swimming pools, playhouses exceeding twenty five (25) square feet of floor area, or sheds utilized for storage of equipment. RECREATIONAL VEHICLE (RV): A yehiG Jar type portable str ue +ure vyithey h permanent fey Rda }inn which non he towed hauled er driven and primarily designed as temporary living e use and inel,ding but net limited to +Travel trailers, truck campers, camping trailers and self - propelled motor homes and converted buses licensed as an RV, or boats, snowmobiles, all- terrain vehicles, and other similar vehicular portable structures without permanent foundation, which can be towed, hauled or driven and primarily designed for temporary living accommodation and /or for recreational, camping and travel use. Recreational vehicles parked on or inside a single trailer should be considered as one recreational vehicle. TRAILER: A vehicular type, portable structure without permanent foundation and capable of self propulsion when drawn by another vehicle as it's means of propulsion and, primarily designed for towing or hauling cargo and /or things. TITLE 12: ZONING REGULATIONS CHAPTER 13: PERFORMANCE STANDARDS 12 -13 -3: EXTERIOR STORAGE: A. Residential Districts: All materials and equipment not stored within a building must be fully screened (as outlined in Section 12 -13 -5) so as not to be visible from adjoining properties, except for the following (Amended Ord. 380, 4121/09): 1. Clotheslines and recreational equipment. (Amended Ord. 314 10 -4- 2005) 2. Building or landscaping_ materials currently being used on the premises of a property with an active building permit, or on the premises of a C-D] Property with an active remodeling /beautification project not to exceed six (6) months within the calendar year. (Amended Ord. 314 10-4 -2005; Ord. 380, 4/21/09) 3. Agricultural equipment and materials if these are used or intended for �Z_ - use on the premises. A Unless paFked entirely upon the required driveway or in an enole ed garage or steF ge building, no more than a eemhinatinn of two (2) of the yU�UyV V� VC , fellewiRg may he stored in the reaF yaFd e and not nlr)eer than ten (10) fee+ from the property line (none of Whioh shall evoved tweRty (20) feet in length: o lieensed and epeFable passenger vehieles er niGk up to Gks; n , h lioensed and eneFable beats; and and operable +roil r meter home r oemn ,+ (Amend s. liseesed- a„ G- oper �, �- m�ef�,�s�.- �,,,,per,ed Ord. 389 421109) W(�C 4. Special mobile equipment permitted only when being used in conjunction with a temporary service including, but not limited to �-Sk CEO emergency events or a construction, remodeling, or landscaping project benefiting the premises or the temporary, general loading or unloading onto the premises. S`f J '1B. All Districts except Residential Districts: The City Council may require a f�fd Conditional Use Permit for any exterior storage of the following: a. If it is demonstrated that such storage is a hazard to the public health, safety, general welfare, or morals, or has a depreciating effect upon nearby property values, or impairs scenic views, or constitutes a threat to living amenities. (Amended Ord. 8, 10 -21- 1970; Ord. 380 4/21/09) b. Any exterior storage that is not enumerated in Section 12 -13 -3 subpart 1 -4. (Amended Ord. 380, 4/21/09) TITLE 12: ZONING REGULATIONS CHAPTER 13: PERFORMANCE STANDARDS 12 -13 -8: OFF STREET PARKING REQUIREMENTS: A. Purpose: The regulation of off street parking spaces in this title is to alleviate or prevent congestion of the public right -of -way and to promote the safety and general welfare of the public by establishing minimum requirements for off street parking of motor vehicles and trailers in accordance with the utilization of various parcels of land or structures and to maintain the general use and character within the zoning designations. B. Site Plan Required: All applications for a building permit or Certificate of Occupancy in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of the driveway,. off street parking and loading spaces, and storage areas in compliance with the requirements set forth in this chapter. C. General Provisions: 1. Determining Floor Area: Floor area, for the purpose of calculating the number of off street parking spaces required, shall be determined on the basis of the exterior floor area dimensions of the buildings, structure or use. Floor area shall not include areas used primarily as utility rooms, maintenance areas, restrooms, fitting rooms, alteration rooms, window display areas or lobbies. 2. Change Of Use Or Occupancy Of Land Or Buildings: a. Land: No change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall be made, nor shall any sale of land, division or subdivision of land be made which is necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. b. Buildings: Any change of use or occupancy of any building, including additions thereto, requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by this title. ■ _ - Mr-M. ... IN IN I IM _ - - - - - - __ - 0-0 3. Permitted Use Of Residential Parking Area: a. Driveways in a residential district shall be utilized solely for the U14 d. Rear yards: A combination of no more than two (2) of the following: passenger vehicles, pickup trucks recreational vehicles, or trailers shall be permitted to be stored in the rear QkCkOnl � yard of a residential property provided they are setback not less �,,�, SS.�cl than ten (10) feet from all property lines and are fully operable and licensed as required by the State of Minnesota Each item fe((h�V�(1 pr1dQ� shall not exceed twenty (20) feet in length The permitted length ���, ,����� of each recreational vehicle may increase to no more than forty �"� (40) feet on parcels of land with a minimum lot size of two and a SUMS, half (2.5) acres and if the recreational vehicle h2 e. Commercial vehicles exceeding the gross vehicle weight or g g a height as enumerated in Section 12 -13 -8 C subpart 3 a or any special mobile equipment shall only be permitted on anv parking of licensed and operable motor and passenger vehicles trailers, recreational vehicles and recreational equipment b. Driveways &Private Garages accessory to residential uses shall each contain no more than one vehicle registered as a � commercial vehicle with the State of Minnesota. Said such commercial vehicle shall not: 1.) exceed 12,000 pounds gross vehicle weight; 2) the height of the vehicle shall not exceed nine (9) feet; and 3) the carrying load area shall not exceed the height of the operating area (this height shall not include any accessory equipment such as a ladder or antenna that may be affixed or attached to the vehicle). 13 c. Private Garages: A private garage in a residential district shall not be utilized for business or industry, except as allowed by Section 12 -9 -3 of this code. Furt .. IN I . . e - .. 0-0 3. Permitted Use Of Residential Parking Area: a. Driveways in a residential district shall be utilized solely for the U14 d. Rear yards: A combination of no more than two (2) of the following: passenger vehicles, pickup trucks recreational vehicles, or trailers shall be permitted to be stored in the rear QkCkOnl � yard of a residential property provided they are setback not less �,,�, SS.�cl than ten (10) feet from all property lines and are fully operable and licensed as required by the State of Minnesota Each item fe((h�V�(1 pr1dQ� shall not exceed twenty (20) feet in length The permitted length ���, ,����� of each recreational vehicle may increase to no more than forty �"� (40) feet on parcels of land with a minimum lot size of two and a SUMS, half (2.5) acres and if the recreational vehicle h2 e. Commercial vehicles exceeding the gross vehicle weight or g g a height as enumerated in Section 12 -13 -8 C subpart 3 a or any special mobile equipment shall only be permitted on anv parking of licensed and operable motor and passenger vehicles trailers, recreational vehicles and recreational equipment b. Driveways &Private Garages accessory to residential uses shall each contain no more than one vehicle registered as a � commercial vehicle with the State of Minnesota. Said such commercial vehicle shall not: 1.) exceed 12,000 pounds gross vehicle weight; 2) the height of the vehicle shall not exceed nine (9) feet; and 3) the carrying load area shall not exceed the height of the operating area (this height shall not include any accessory equipment such as a ladder or antenna that may be affixed or attached to the vehicle). 13 c. Private Garages: A private garage in a residential district shall not be utilized for business or industry, except as allowed by Section 12 -9 -3 of this code. Furt her, not more than one -half (112) of the space may be rented for the private vehicles of persons not residents on the premises except that all the space in a garage of one or two (2) car capacity may be so rented. In an R -1 or R -2 single - family residential district on a parcel of at least three (3) acres in size, one truck tractor may be stored within an accessory building. Under no circumstances shall the required parking facilities allow for the parking of semi- trailers. offstreet parking area or its respective premises if it is being used in conjunction with a temporary service including, emergency events or a construction, remodeling, or landscaping proiect benefiting the premises. 4. Prohibited Use Of Parking Area: D�w Purpose a. Under no circumstances shall required parking facilities Permitted Home Occupations; Location Restrictions accessory to residential structures be used for the storage of S.QL commercial vehicles or equipment or for the parking of semi - trailers Nonconforming Home Occupations or vehicles belonging to the employees, owners, tenants, or 155) customers of business or manufacturing establishments. CGTJ\ 12 -9- 7: Inspections b. Required off street parking space in any district shall not be In -Home Beauty Salons and Barbershops utilized for the open storage of goods or for the storage of vehicles Vested Rights which are inoperable, for sale or for rent. TITLE 12: ZONING REGULATIONS CHAPTER HOME OCCUPATIONS SECTION: 12 -9- 1: Purpose 12 -9- 2: Permitted Home Occupations; Location Restrictions 12 -9- 3: Home Occupations In Accessory structures 12 -9- 4: Nonconforming Home Occupations 12 -9- 5: Conditional Use Permits 12 -9- 6: Special Home Occupation Permits 12 -9- 7: Inspections 12 -9- 8: In -Home Beauty Salons and Barbershops 12 -9- 9: Vested Rights 12 -9 -10: Suspension Or Revocation Of Conditional Use Permit 12 -9 -11: Illegal Home Occupations; Penalty 12 -9 -1: PURPOSE: The purpose of this chapter is to prevent competition with business districts and to provide a means through the establishment of specific standards and procedures by which home occupations can be conducted in residential neighborhoods without jeopardizing the health, safety and general welfare of the surrounding neighborhood. In addition, this chapter is intended to provide a mechanism enabling the distinction between permitted home occupations and nonconforming or customarily more sensitive home occupations, so that nonconforming home occupations may be allowed through an administrative process rather than a legislative hearing process. (Amended Ord. 8, 10 -21 -1970) 12 -9 -2: PERMITTED HOME OCCUPATIONS; LOCATION RESTRICTIONS: All home occupations that conform to all of the following provisions may be conducted entirely within the principal structure. Home occupations shall not be conducted in a garage or accessory building unless the property owner conducting the home occupation has obtained a Conditional Use Permit as stated in Section 12 -9 -3 of this chapter or has obtained a Special Home Occupation Permit as stated in Section 12 -9 -4 of this chapter. A. Permitted Home Occupations Enumerated: Permitted home occupations include, and are limited to: art or photo studio, dressmaking, secretarial services, professional offices, repair services, or teaching services limited to three (3) students at any one time and similar uses. B. Number Of Employees: The number of employees shall be limited to one person on site in addition to family members. (Amended Ord. 8, 10- 21 -1970) C. Amount Of Building Space Used: The area within the principal structure used by the home occupation shall not exceed twenty percent (20 %) of the dwelling's livable floor area. Basements may be included if they meet all State Building Code requirements. (Amended. Ord. 8, 10 -21 -1970; amd. 2003 Code) D. On Site Sales: On site sales shall be prohibited, except those clearly incidental to services provided in the dwelling. E. Dwelling Changes: Any interior or exterior alterations of a dwelling for a home occupation shall be prohibited, except those customarily found in a dwelling. F. Vehicles: Vehicles associated with a home occupation shall he limited te one vehicle on the promises (said vehinle shall not evn d a a it •v 1./1 \a1111J�aJ `JUIV Yl.alTf�fG ,eight of 12,000 poll 4o be regulated as stated in Title 12. Chapter 13. Performance Standards and in Title 6, Motor Vehicle and Traffic. G. Signs: Signs shall be regulated as stated in Title 12, Chapter 15. H. Performance Standards: No home occupation shall produce light glare, noise, odor or vibration that will in any way have an objectionable effect — –1 — upon adjacent or nearby property. Supervision: The home occupation shall be conducted by at least one member of the family who resides in the dwelling unit. J. Building And Safety Requirements: The home occupation shall meet all applicable fire and building codes. (Amended Ord. 8, 10 -21 -1970) 12 -9 -3: HOME OCCUPATIONS IN ACCESSORY STRUCTURES A. Conditional Use Permit Required: A Conditional Use Permit shall be required for the following home occupations that are located in an accessory structure or detached garage and /or require exterior storage: 1. Cabinet making. 2. Woodworking. 3. Repair services. 4. Similar uses as those stated in Subsections Al through A3 of this section. B. Conditions Of Permit: These home occupations shall be subject to the following conditions: 1. Lot Size: The size of the lot or parcel of land shall be three (3) acres or larger. 2. Area Of Use: The combined square footage of the accessory structure and /or outside storage area utilized by the home occupation shall not exceed eight hundred (800) square feet. 3. Setbacks: Setbacks of the accessory building and outside storage area shall be of a magnitude found necessary by the city, but in no case shall there be less than a one hundred foot (100') front yard setback, thirty foot (30') side yard setback and fifty foot (50') rear yard setback or as required in Section 12 -3 -4 of this title. 4. Storage Restrictions: The outside storage area and all commercial vehicles, materials and equipment for the business being stored on site shall be fenced, landscaped and screened in such a manner as to prevent them from being visible at any time of the year from road rights -of -way, public properties and surrounding properties. (Amended Ord. 314 10 -4- 2005) g 5. Other Requirements: All provisions in Section 12 -9 -2 of this chapter. (Amended Ord. 8,10-21-1970) 6. Termination of Use Upon Sale of Property: Upon sale of the premises for which the Conditional Use Permit is granted, such permit shall terminate. (Amended Ord. 314 10-4 -2005) TITLE 6: MOTOR VEHICLES AND TRAFFIC CHAPTER 2 PARKING REGULATIONS; STREET OBSTRUCTIONS SECTION: 6 -2 -1: Parking Restrictions On Public Rights -Of- Way 6 -2 -2: Parking Boat Trailers 6 -2 -3: Obstructing Public Rights -Of -Way 6 -2 -4: Removal, Towing Of Vehicles 6 -2 -5: Citation 6 -2 -6: Violation; Penalty 6 -2 -1: PARKING RESTRICTIONS ON PUBLIC RIGHTS -OF -WAY: A. Parking During Snowfall: 1. It shall be unlawful for any person to leave, park, permit or allow any vehicle to stand or remain upon any city street or right -of -way or on the traveled portion of the road or to obstruct the flow of traffic, unless for an emergency, between the hours of one o'clock (1:00) A.M. and six o'clock (6:00) A.M. from November 1 to April 15, except as provided by this chapter. 2. It shall be unlawful to park or permit to be parked, or to continue to park or permit to stand, any vehicle upon any city street after two inches (2 ") or more snowfall until such time as the snow has been plowed from the street. 0 0 B. Vehicle Length And Weight Restrictions: It shall be unlawful for any person to leave, park, permit, or allow any vehicle in excess of twenty four feet (24') in length or having a car in weight in excess of one ton to stand or remain upon any street or right -of- way or on the traveled portion -9- of the road or to obstruct the flow of traffic at any time of any day unless such vehicle is being used for the purpose of moving goods from or to a commercial or residential location within one block from where such vehicle is located. In no instance shall any vehicle described as being in excess of twenty four feet (24') in length or having a cart in weight in excess of one ton be left, parked or permitted to be parked on any street or right -of way for a period of more than two (2) continuous hours of any day. C. Property Other Than Vehicles: No property of any kind or description, except motorized vehicles, together with property lawfully attached thereto, may be parked, stored, or permitted to stand upon any city street or right -of -way at any time, except as the same may be permitted by resolution of the City Council. D. Obstructing Mailboxes And Driveways: It shall be unlawful for any person to leave, park or permit any vehicle to be parked in front of, or in such a manner or place as to interfere with or hinder access by persons or vehicles to, mailboxes or receptacles therefor, or to park or permit to be parked any vehicle in such place or manner as to obstruct or hinder access to any driveway, whether the same is public or private. E. Additional Restrictions: Notwithstanding the foregoing restrictions, the City Council may impose additional parking restrictions on streets within the city if, in its opinion, such restrictions are necessary to protect the health, safety and welfare of persons or property. Streets subject to such additional restrictions shall be designated by City Council resolution, and such restrictions shall not be enforced until posted notice thereof on such streets has taken place. (Amended Ord. 218, 5 -6 -1997) Adopted by the City Council of the City of Andover on this ATTEST: Michelle Hartner, Deputy City Clerk Mayor Ito- day of , 2010. C � 1 Y I►• LET I:� i Z�1il Michael R. Gamache, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. SUMMARY AN ORDINANCE AMENDING CODE SECTIONS 12-12-2,12-13-3,12-13-8,12-9-2,6-2-1 (EXTERIOR STORAGE, PERMUTED AND PROHIBITED USE OF PARKING AREAS, AND COMMERCIAL AND HOME OCCUPATION VEHICLE CODES) STATUTORY AUTHORIZATION AND POLICY Statutory Authorization This ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statute 462. Policy These sections of the Andover City Code contain language that is being amended in the definitions, exterior storage of certain items and vehicles, parking of recreational, commercial, home occupational and other vehicles. The code changes change the intent of the ordinance by allowing up to one commercial vehicle to be parked on a residential driveway or in a residential accessory building based on certain height, weight and other criteria. The code change also allows an increased length for storage of recreational vehicles on rural lots (of at least 2.5 acres in size) of up to no more than forty (40) feet in length. The amendments also provide clarification for code enforcement purposes. GENERAL PROVISIONS AND DEFINITIONS Jurisdiction The provisions of this Ordinance shall apply to the City of Andover. Enforcement The City Administrator or his/her designee shall have the authority to enforce the provisions of this ordinance. Interpretation Interpretation of the provisions of this ordinance shall be held to be the minimum requirements and shall be liberally construed in the favor of the governing body. A printed copy of this ordinance is available for inspection by any person during regular hours of the City Clerk. Adopted by the City Council of the City of Andover on this 2nd day of March, 2010. ATTEST: Michelle Hartner, Deputy City Clerk CITY OF ANDOVER Michael R. Gamache, Mayor b, P--X, oVJy � j N3'Dr, OF D-L, Am cy 5 -i�- tits r A ,X. �i, lj�6-A 10k: 11 Pia-ap ALLAW a e. kK ( l'F -A AS -�' k• lGt.�s�a�� �-1�S It u-c Lit �TIIN fi o p��) pewTC 2 "' 3 - 'Ex�ttBir A A-Tid)W�4 OL - W- cn N �; N M +�+ Ln •N O 0 ate--+ — � N al N a-J •L i U N ca N L CIO N D E N U L L Q� > M E m X W N N vi N � O � .cu O O 'a c N .� +� .L N N r-I oi O U U (a ate-+ D O fa N N 4-J qA "O E 0 .� +-+ f6 01 ai N co cu E w O E aC N O O L .� U N 4-J i 4 Co �� - O N co U +, N .� 66 a > ca ca O L 4-- c6 4= M W O L .E .N N U L L �F— Q Q Q _r M N N � L � cr � N c a--+ N GJ E O U m X C W m ,Is-_ cn N N N � O � N O U U (u ate-+ D O fa O N 4 4A "O C .� a-+ a-+ (o dl N N f6 o N O O a.., 4- O N .tw co a- > = 00 eu L- 0 N ateJ N ca ca buo .i L U a-J cli U i > ca U E cu to N O (J) cu � N :iii L co buo Q. +j E cu W O I 1 Ln C N a-+ N ca 0 4-J •i N CU L Qj U 3 N a-J _rZ N a-.+ .Q O U cu 4-J Q bn (U •> O E N V) •SL _w U � N w =3 > 0 co U O N E a.-+ cu O cu O bD t .0 U +-+ cn co t0 � U O L X > W 0 p O � O a-1 +- U }, 4-1 cB 'd" L C: O N N 4-+ CL X-- O L i O O -a ate --+ L � •i � N O O co M a-J M W" O U = -0 N +�-+ CLD N O tw :~' O N �O 0 N N E N o � O U U t1A t]A DC N cu cu N a--+ U U - o o2S +'j O cz N N X N a— > > Q O Q. 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E •N 'a) ate--+ N -+--1 •— O U � v a � 0 o-- N O L N Q cc LW Regular Andover Planning and Zoning Commission Meeting Minutes —February 9, 2010 Page 7 if there was a clause in the contract regarding oval and who would pay for the removal. The Commission agreed they w d like the Park Commission to review this item and make a recommendation to acement of the tower. Motion by Walto econded by Casey, to recommend the tower in Shadowbrook but leave the loca " n determination up to the Park Commission. Motion carried on a 4 -ayes, 2 -nays (D anger, Goodmanson), 1- absent (Kirchoff) vote. lr:Bednarz stated that this item would be before the Park Commission at the February 8, 2010 Park Commission and March 2, 2010 City Council meeting. PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER CHANGES TO CITY CODE FOR EXTERIOR STORAGE OF COMMERCIAL VEHICLES AND STORAGE ITEMS. Ms. Perera noted the City Council directed staff to prepare two draft amendments to the City Code pertaining to vehicles and exterior storage. The direction given was to allow up to one commercial vehicle such as a truck, suburban, or a van other than a "cube van" or "moving truck" to be parked on a residential driveway. They also directed that staff prepare an amendment to allow an increased length of up to forty (40) feet for adequately screened recreational vehicles such as motor homes, campers, travel trailers that are located in the rear yards of rural lots which are two and a half (2.5) acres plus in size. The Planning Commission held a public hearing on January 12, 2010 and continued the public hearing to the meeting tonight in order to review and consider a draft amendment as discussed. Ms. Perera reviewed the staff report with the Commission. The public hearing was continued from the last meeting. There was no public input. Ms. Perera asked the Commission what they felt would be appropriate for the maximum allowable Gross Vehicle Weight. The Commission was ok with the Gross Vehicle Weight of 12,000 pounds as proposed. Ms. Perera asked the Commission what would be the maximum number of commercial vehicles allowed to be parked in a driveway. The Commission discussed what they thought would be adequate and decided one in the driveway and one in the garage would be fine and it would be ok to have two vehicles in the driveway during the day but not overnight or on the weekend. Regular Andover Planning and Zoning Commission Meeting Minutes — February 9, 2010 Page 8 Ms. Perera asked the Commission what types of commercial vehicles would be appropriate to allow. The Commission reviewed Ms. Perera's sample exhibit of the different styles and decided vehicles numbered one and two would not be allowed with the three criteria proposed in the draft code amendment but vehicles numbered as three and four would be allowed. Commissioner Cleveland stated he had a problem with the style of the vehicle numbered one because there are similar styles of small, foreign trucks that are out there and should not be excluded. Ms. Perera thought the Council wanted the cube van to be prohibited. Commissioner Walton thought the nine feet and 12,000 pounds limit was what should be used as criteria for commercial vehicles allowed. He wondered if they were going to go by shape and aesthetics or by commercial vehicles. Chairperson Daninger noted that based on the criteria, vehicles numbered as one, two and six would be prohibited. He thought they needed to keep all three criteria as proposed in the draft code amendment, otherwise they will be allowing in all sorts of commercial vehicles to be stored at a residence. Commissioner Walton stated as long as they allow two vehicles, he would be fine with leaving criteria three in as proposed. Chairperson Daninger indicated that he was fine with vehicles numbered as three and four in the exhibit presented by Ms. Perera for vehicles to be allowed. He would recommend that the other vehicles numbered in the exhibit not be allowed. The Commission discussed screening of recreational vehicles. The majority of the Commission felt there should not be any screening because it would be difficult to require with the large recreational vehicles and there would not be a realistic way to regulate it. The Commission reviewed the types of vehicles they should allow to be stored in a driveway. Commissioner Holthus indicated she did not like any of the numbered vehicles presented in the exhibit. Commissioner Casey thought they should prohibit vehicle numbered as five and six along with numbers one and two. He thought vehicle number seven will become more popular in the future. Commissioner Cleveland, Gudmundson, and Walton agreed with Commissioner Casey. Chairperson Daninger agreed to allow vehicles numbered as three, four and seven because he thought this was the right fit. He thought these were smaller or the same size as the van and he did not want to go beyond that right now as a recommendation. Commission consensus was to include vehicles numbered as three, four and seven. IJO - Regular Andover Planning and Zoning Commission Meeting Minutes — February 9, 2010 Page 9 Ms. Perera stated staff will work with the City Attorney on language for the ordinance to accommodate those types of vehicles. Chairperson Daninger stated it was his understanding that all three criteria would remain in place along with the vehicles that were indicated. Motion by Walton, seconded by Casey, to recommend approval of the City Code amendment regarding exterior storage of commercial vehicles with the provisions given to them by City Staff and as discussed. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Mr. Bednarz stated that this item would be before the Council at the March 2, 2010 City Council meeting. OTHER BUSINESS. Mr. Bednarz updated the Planning Commission on related items. ADJOURNMENT. Motion by Gudmundson, seconded by Casey, to adjourn the meeting at 9:18 p.m. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Kirchoff) vote. Respectfully Submitted, Sue Osbeck, Recording Secretary TimeSaver Off Site Secretarial, Inc. 2 3 4 5 6 7 8 9 Regular Andover City Council Workshop Meeting Minutes – November 24, 2009 Page 5 be a joint project with the County. Mr. Kytonen scat , - e Ii as tallied to loggers about taking large amount of trees down in the City for a discoun rice. Councihmember Jacobson suggest _. Kytonen look at the current ordinance and make adjustments to it and talk to ' ounty if they could use the area by the compost for tree disposal. Mayor Gamac . sked if the County has come to the City asking for a j oint effort. Mr. Kytonen stated the ve not. x.11 .DISCUSS CIITycoDE� ENFORCEMENT (COMMER CZAL V'HICLE`,�`AND STORAGE) 12 13 Mr. Neuuneister reviewed examples of commercial vehicles that are in violation of the City Code 14 with the Council. 15 16 Councilmember Bukkila stated she did not see a problem as long as the business vehicles are the 17 same size as a passenger vehicle. 18 19 Coumcilmernber Jacobson thought the vehicles dre fine to be parked outside as long there is only 20 one commercial vehicle parked in the driveway. Councilmember Bukkila stated she would not 21 limit the number. 22 23 The Council agreed they are fine with commercial vehicles of a passenger vehicle size parked in 24 a driveway but are opposed to larger trucks parked in driveways, such as cube trucks hi urban 25 districts. 26 ' 27 Councilmember Jacobson stated he would be ok with one one -ton truck or less parked in the 28 driveway in the urban districts. 29 30 Councibnember Trude wondered if they could have a special use where the vehicle would need 31 to be screened. Councilmember Jacobson stated in a rural area he would not have a problem 32 with a large vehicle parked if it can be put in a building. 33 34 Mr. Neumeister reviewed a complaint with travel trailers being parked in a rear yard with 2.5 35 acres. 36 37 Councilmember Trude thought screening was critical. Mr. Dickinson stated the Code allows two 38 twenty -foot trailers or less. 39 40 Mr. Neumeister thought they could raise the code maximum to 32 feet in order to allow this, they 41 may even want to put screening in the ordinance. 42 43 The Council agreed screening from neighbors is critical and if it is screened properly the footage 44 would not matter in a rural area. _t; . — 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Regular Andover City Council Workshop Meeting Minutes — November 24, 2009 Page 6 Councihnember Jacobson stated this should be brought to the ARC Committee with the knowledge that the Council is willing to eliminate the twenty and go to a larger size if screening is adequate. Mr. Neumeister stated he would bring this to ARC and the Planning Counnission for review. 2010 GENERAL FUND BUDGET DIEVELOPMENX PROG1 ESS REP013T Mr. Dickinson reviewed the 2010 General Fund Budget report with the Council. The Council discussed the warming house attendants at skating rinks. Mr. Dickinson suggested evaluating the furlough program in Maze pri12010. Mayor Gamache asked if this could be evaluated in January or early Fe . ary 2010. Councihnember Trude stated she is disappointed because she thought they wed going with the 2.48% tax levy to stop the furlough. Mr. Dickinson stated if the furlough is `noved too early he fears they may have to re- implement it if revenue does not come in as, petted. Cow- 1cilmernber Trude asked if they are foolish •: g nom 3% to 2.48% with commercial valuations in question. Mr. Dickinson stated he"is not worried about it. 2010 T LEVY. PREVIEW Mr. Dickinson stated the Council haAad a number of reviews of the City of Andover 2010 Budget and continued detailed re ew of the General Fund budget that is primarily supported by the proposed 2010 Tax levy. Mr. Dickinson reviewed OTRER There was information with the Council. The Counciecessed to go into the closed session at 9 :43 p.m. for the 2009 City Administrator review. ��'' The (Zw -teil reconvened at 10:30 p.m. lion by Bukkila, Seconded by Trude, to adjourn. Motion carried unanimously. The meeting ourned at 10:30 p.m. Respectfully submitted, 43 — 44 Susan ®sbeck, Recording Secretary a 3 1685 CROSSTOWN BOULEVARD N.W. o ANDOVER, MINNESOTA 55304 o (763) 755 -5100 FAX (763) 755 -8923 o WWW.CLAN DOVER. MN.US MEMORANDUM TO: ARC PROM: Brenda Holmer, Plamiing Dept. DATE: December 8, 2009 SUBJECT: ARC Action Items The following items were discussed at the last ARC meeting and represent lcey actions taken by the committee. 1. New Business o There is a Watershed meeting today at 1:15 pin. 2. Ordinance / Comp Plan Amendments / Studies / Special Reports Shed Regulations — The policy will be reviewed and will go to the City Council on December 15t1'. CUTM-a ercial vehicles in residential areas — Proposed: One commercial van allowed =moo driveway surface, cube vans not allowed. RV's a1 e allowed on the driveway fac. The boat is only included in the length. ntin Regulations Update — This will e brought back on Dec. 15 tCouncil. o County Transportation Plan — Staff has met with the County to discuss the following: a. University Avenue from County Rd. 14 to the city of Oalc Grove is shown in the plan to convert to a County road (to be a turn up). b. Round Lake Blvd. from Bunker Lake Blvd. 4 lanes into 6 lanes up to 157t" Avenue. c. Considering Verdin Street connection to Crosstown Blvd. up to 161" Avenue. d. Eliminating the jog off 157t" Avenue and considering extending 157t" Avenue east/northeast to 161" Avenue. e. Traffic signal at 161" Avenue and Hanson Blvd is planned for 2013 -2014. £ Traffic signal at 133`d Avenue and Hanson Blvd. This will happen in the spring of 2010. g. Considering constructing abridge over the Rum River at 181St Avenue. Ramsey to Oak Grove. h. Anoka Coimty has received a grant for bus service up to County Road 14 in Blaine. They will possibly extend it up to Ham Lake, East Bethel, Isanti and Cambridge. �a4 — Regular Andover Planning and Zoning Commission Meeting Minutes — danuary 12, 2010 Page 4 research on that topic and thought at the Council meeting where the City 'mey is present that question could be more fully answered at that time. Holthus asked if for condition number four relatjnf to the number and types of anima• s used in the program shall not exceed current City Ordinances. Mr. Bednarz stated a c ncern there would be the table that allows e"number of animals allowed on the property is`currently at 42 equines and thought program of that size, the City would probably want to regulate it a little more closely.' Chairperson Daninger started what he was'looking at was an annual review in regards to hours of operation. ,/ Commissioner Holthus stated sh6 vvas,not concerned with the number of animals, hours of operation, or one on one activity an&the applicants do seem to know what they are doing and how to service those kids. She was not against having it in the conditional use permit exactly the way dwas already designed e thought they could state in the CUP they keep the numbpfs the same as they currently ith an annual review. Motion by Resolution rehoff, seconded by Falk to recommend to the Council approval of �. , with an annual review and eleven therapy Nimals with hours of later than 7:00 p.m. or earlier than 7:00 a.m. Motion nays, L''absent (Casey) vote. on a 6 -ayes, 0- Perera stated that this item would be before the Council at the January 19, 2010 City acil meeting. PUBLICHEARING: CITYCODEAMENDMENT TO CONSIDER CHANGES TO CITY CODE FOR EXTERIOR STORAGE OF COMMERCL4L VEHICLES AND OTHER STORAGE ITEMS. Ms. Perera noted currently it is in violation of the City Code to park a commercial vehicle in the driveway or to keep a commercial vehicle in excess of 12,000 pounds in the garage of a property. It is also a violation to store a vehicle longer than twenty feet (20') in length in the rear yard of the property. Recently a few residents have questioned the intent and language of the City Code in regards to these situations. The City Council has since discussed both situations and has directed staff to prepare draft amendments for each, which brings this discussion to the Planning and Zoning Commission. Ms. Perera reviewed the staff report with the Commission. Motion by Falk, seconded by Kirchoff, to open the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Regular Andover Planning and Zoning Commission Meeting Minutes — dlanuary 12, 2010 Page 5 Mr. Carroll Abbott, 2917 142nd Avenue, stated his concern was with the newspaper article in the StarTribune regarding this. He explained some of his concerns with the site lines and property values in the community. He stated in regards to the parking of commercial vehicles, in this economy what are people going to do if they cannot park their work vehicle in their driveway or run their business from their homes. He explained that people can park their vehicles in storage lots but his experiences with storing commercial and recreational vehicles in storage lots is that vehicles get broken into. He would not recommend a storage lot for any of these vehicles. He wondered what kind of security the storage lot would have. Chairperson Daninger reviewed what Mr. Abbott was trying to get at and indicated Mr. Abbott was against not allowing commercial vehicles to park in driveways. Mr. Bednarz reviewed the intent of this item. Mr. Abbott stated other cities allow commercial vehicles to be parked in their driveways. Motion by Walton, seconded by Kirchoff, to close the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Commissioner Kirchoff asked where the proposed change of forty feet came about for RV's. Ms. Perera explained that a lot of RV's are longer than twenty feet and typically exceed 32 plus feet. Chairperson Daninger asked for a definition of screening. Mr. Bednarz did not think from the Council discussion this was defined and that there is screening described in the ordinances currently, which can be used. The Commission did not have a problem with commercial vehicles being parked on a driveway. Commissioner Holthus thought it needed to have current plates and be operational. Mr. Bednarz stated the Commission needed to find out at what point a commercial vehicle becomes unacceptable. The Commission needs to review this also. Staff reviewed with the Commission the items that they needed to review and decide what size and type of commerciallrecreational vehicle would be acceptable and allowed in the City. Commissioner Cleveland asked if forty feet would cover the types of vehicles people would normally have. Mr. Bednarz thought it would. Chair Daninger indicated the picture of the van was accepted by the Commission as what they would like to allow. They did not have a problem with signage on the side of vehicles. �(O — Regular Andover Planning and Zoning Commission Meeting Minutes —January 12, 2010 Page 6 Commissioner Walton stated he wanted to make sure that two thousand pound, (one ton) vehicles were not the cap they wanted. Chairperson Daninger did not think they agreed on weight and would go back to staff for further research regarding weight. Chairperson Daninger reviewed item two with the Commission. He asked if the Commission agreed with the change to forty feet. The Commission agreed. Chairperson Daninger asked what types should be allowed. Ms. Perera gave examples to the Commission regarding this. The Commission felt the maximum length should be kept at forty feet. The Commission decided to continue to review this item to the next meeting. Motion by Kirchoff, seconded by Kirchoff to reopen the public hearing. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. Motion by Walton, seconded by Falk, to continue the Public Hearing to the next Planning Commission meeting. Motion carried on a 6 -ayes, 0 -nays, 1- absent (Casey) vote. PUBLIC HEARING: CONDITIONAL USE PERMIT 09 -11 TO CONS ER TELECOMMUNICATIONS TOWER FOR CLEAR WIRELESS, L INHIDDEN CCRREEKNORTHPARKLOCATED AT 2620 BUNKER LAKE ' VARD NW Mr. - cd lnarz noted Clear Wireless, LLC is seeking to loca a 75 foot tall tower and wireless fnternet antenna array within Hidden Creek N rtPark. A conditional use permit is required to locate antenna above 35 feet i eight. Mr. Bednarz reviewedNthe proposed Conditigr6l Use Permit with the Commission. Commissioner Kirchoff askeZ what the&ark Commission feelings were on this. Mr. Bednarz stated the Park Commis' i . 'will review this at their next meeting. He stated the intent of the Planning Commissio was to have a public hearing and weigh in on the review criteria for the CUP. / '�< Commissioner Holthus agreed with staff that this robably not the best location for the tower. She thought t e'Park Commission should reco end where the tower should be placed. Commission alton asked if there was a tornado siren pole in the Mr. Bednarz indicated there was not. by Falk, seconded by Kirchoff, to open the public hearing. Motion carried on a 0 -nays, 1- absent (Casey) vote. -A_� - To: Courtney Bednarz Fm: Julie Trude Date: Feb. 4, 2010 Re: Resident comments on commercial vehicles in driveways and RV's in yards Please include the following in our upcoming packet item on the topic of commercial vehicles in driveways and RVs in yards. Thank you. Email #1 sent to all council members. 1/22/10: "Hello, After reading this article: http : / /abenewspapers.com /index.phD ?option =com content &task = view &id = 10686 <emid =26 I wanted to express my support of the current parked vehicle code; however, I wish there were more active enforcement of the code. I have several neighbors who violate this code, but I hesitate to report them because I would like to maintain a positive relationship with them. I understand the need for business owners to have work vehicles on site from time to time, but I do not think it is respectful to the neighbors to have them there long term. Also, if I were selling my property, these parked vehicles could turn off a potential buyer. Thank you." I responded, including the following request for more specific comments: "Thank you for your comments. Do you object to the service van in the drive? That's the only business vehicle we would be allowing that is prohibited now. This has not been enforced until a recent complaint occurred that was argued by the resident and brought forward for review. With the RVs, we asked the planning commission to discuss allowing them in back yards on the 2.5 acre lots and larger only if they are totally screened from the neighbor's view...." Email #2 of 1/27/10, listing specific concerns about commercial vehicles & RVs: "I do object to service vans because they are getting larger and some people will have more than one parked at a time. In my neighborhood, there is a home that is very well maintained, but their driveway is always full of vehicles: a crew -cab pickup with large glass plates stored on top and on the side, a sprinter van (large white panel van), and several personal vehicles. It looks like a business when you drive by. Another home has a Comcast van with equipment on top and large orange cones surrounding it placed on the drive. Again, it looks like a business. Others have large RVs parked in the backyard with no visual protection. Or, large service trailers parked in the grass next to the garage with no visual protection. I grew up here in Anoka County, but I also lived in Kansas City for five years, and I appreciated the active enforcement of these violations there. It just makes an otherwise nicely groomed neighborhood have a low - class feeling. I understand we have a lot of blue collar workers, and I appreciate that (my family is mostly blue collar as well). I just think we need to kick it up a notch in order to maintain the quality of life and to be able to compete with real estate in other areas of the Twin Cities." Thank you. ASR' Additional attachments include the following: 1)Summary and Examples of Parking Codes - Maple Grove - Plymouth - Blaine - Coon Rapids - Lino Lakes - Champlin 2)Vehicle weight information - Gross Vehicle weight (GVW) - Payload / "Carrying" weight - Commercial Vehicle 1 — Summary research from communities: Generally all of the communities use the decal sticker from the license plate or the manufacturer's sticker inside the vehicle to verify the GVW or else they confirm the GVW with the police department with what the vehicle is registered as. The police department often enforces weight limits within most communities researched. Maple Grove - no definition - allows up to 12, 000 lbs. GVW for passenger vehicles and trucks in a residential district (off - street parking) when parked on a paved surface. Plymouth - commercial vehicle definition (brief and does not include weights, etc.) - allows up to 12, 000 lbs. GVW or the vehicle length up to 30 ft. in a residential district (off - street parking) Blaine - no definition - except as otherwise allowed as exterior storage or in a zoning district, motor vehicles used in a home occupation must be stored inside. In a residential district parking and storage shall be limited to vehicles registered and licensed to the occupants of the dwelling unit and their guests only. Coon Rapids - no definition - allows up to one truck 9, 000 lbs. GVW, the vehicle is owned or operated by a resident of the property and is parked on the paved portion of the driveway or private parking lot, the engine cannot idle longer than one hour within any six hour period. - Includes a definition for major recreational vehicle and specifies length, height, and width of such vehicles and how they are measured. Lino Lakes - No definition but references commercial vehicles - If parked behind the front of a dwelling, allows commercial vehicle, up to 11,075 lbs. GVW indoors or outdoors in a residential district and allows a parking permit for other instances regarding commercial vehicles. Champlin - Oversized vehicle definition - any vehicle more than 9,000 lbs. and up to 12,000 lbs. GVW, and/or more than eight feet in height including accessories and attachments - Allows up to one oversized vehicle in a residential district up to 12, 000 lbs. and. /or nine feet in height. There are exceptions for certain services being performed on the premises and for recreational vehicles on lots more than five acres in size. - Recreational vehicles parked on a single trailer are considered as one recreational vehicle. ^ b — MAPLE GROVE Sec. 36 -825. Exterior storage. (a) Residential districts. All storage in any residential district, including but not limited to R -A, must be contained within a building except for the following: (1) Not more than two licensed and operable recreational vehicles or nonstationary pieces of recreational equipment, such as, but not limited to, boats, snowmobiles and all- terrain vehicles and any trailer used to transport them. (2) Construction and landscaping material currently being used on the premises. (3) Off - street parking of licensed and operable passenger vehicles and trucks not exceeding a gross weight of 12,000 pounds when parked on paved surfaces as required by section 36- 864(h)(11). (4) Items normally or usually associated with outdoor residential activities or uses, such as, but not limited to, outdoor furniture and cooking equipment, neatly stacked firewood not in violation of chapter 14, article II, division 1, and yard maintenance equipment. (5) Operable farm machinery in the R -A district. (6) Recycling containers provided by the City of Maple Grove so long as such containers are screened from view from public rights -of -way and neighboring properties on non - collections days. Sec. 36 -864. General provisions. (f) Use of parking facilities accessory to residential use. Off - street parking facilities accessory to residential use shall be utilized solely for the parking of licensed and operable passenger automobiles, no more than one truck not to exceed gross capacity of 12,000 pounds, and recreational vehicles and equipment. Under no circumstances shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or equipment or for the parking of automobiles belonging to the employees, owners, tenants, or customers of business or manufacturing establishments. PLYMOUTH Commercial Vehicle: For purposes of this Chapter, a commercial vehicle is a self - propelled vehicle that travels along the ground on wheels and transports persons, and /or transports or pulls property, materials and /or machinery used for an occupation or enterprise that is carried on for profit by the owner, lessee, or licensee. (Amended by Ord. No. 2007 -05, 01123107) 21135.06. OFF - STREET PARKING RESTRICTIONS: Subd. 1 Except where otherwise allowed as exterior storage or in a zoning district, trucks with a gross vehicle weight rating (GVWR) of twelve thousand (12,000) pounds or more, or greater than thirty (30) feet in length, as well as contracting or excavating equipment, storage trailers, and mobile storage compartments shall not be parked, stored or otherwise located on any property within the City unless being used in conjunction with a temporary service including, but not limited to, a construction or remodeling project benefiting the premises. (Amended by Ord. No. 99 -5, 01119199) (Amended by Ord. No. 2001 -06, 02113101) (Amended by Ord. No. 2005 -01, 01111105) 3► BLAINE 33.11 HOME OCCUPATIONS (3) There shall be no exterior or garage storage of any materials including business equipment, merchandise, inventory or heavy equipment. Motor vehicles used in the home occupation must be stored inside. (Amended 2- 19 -87. Ord. 87 -1007) 33.14 PARKING (k) Residential (R -1, R -1A, R -1AA, R -113, R -2, DF, RF) on -site parking requirements. (Section Added 1- 17 -91. Ord. 91 -1243, Amended 01- 18 -01, Ord. 01 -1889) (1) Parking and storage shall be limited to operable vehicles registered and licensed to the occupants of the dwelling unit and their guests only. COON RAPIDS VEHICLE STORAGE IN RESIDENTIAL DISTRICTS 11 -1827 Truck and Trailer Storage. 11- 1800 -8 (1) Except as provided below, it shall be illegal to park or store, or permit to be parked or stored on residential property a truck licensed for more than 9,000 pounds gross vehicle weight, a truck - tractor, a semitrailer, or special mobile equipment. (a) This section shall not apply to major recreational equipment as defined in Section 11- 1828(1), to any motor vehicle which is being actively loaded or unloaded or which is being utilized to render a service. (b) One truck licensed for more than 9,000 pounds gross vehicle weight or one truck - tractor per dwelling unit may be parked on residential property, provided that the vehicle is owned or operated by a resident of the property, any such vehicle is parked on the paved portion of the driveway or private parking lot of such residential property, and, provided further, that the engine of any such vehicle shall not be allowed to idle for more than a total of one hour within any six hour period. (2) Definitions. For the purposes of this Section, the terms "residential property," "truck," "truck- tractor," "semitrailer," and "special mobile equipment" shall mean: (a) Residential property. "Residential Property" shall include all properties zoned or primarily used for residential purposes. (b) Truck. "Truck" means any motor vehicle designed, used, or maintained primarily for the transportation of property and not for the carrying of passengers. (c) Truck - tractor. "Truck- tractor" means any motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. (d) Semitrailer. "Semitrailer" means a vehicle of the truck type so designed and used in conjunction with the truck - tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck - tractor and shall include a trailer drawn by a truck - tractor, semitrailer combination. (e) Special mobile equipment. "Special mobile equipment" means every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway, 3A — including, but not limited to: ditchdigging apparatus, moving dollies, and other machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors, other than truck - tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earth- moving carryalls, scrapers, power shovels, draglines, self - propelled cranes, and earth- moving equipment. (3) The regulations of this Section include the streets within and adjacent to such subdivisions. (4) Community Service Officers may issue citations for violations of this section, provided, that no Community Service Officer may require a person served to sign a promise to appear with respect to any such citation. [Revised 5/2/95, Ordinance 15291 11 -1828 Maior Recreational Equipment in Residential Districts. (1) Definition. Major recreational equipment includes, but is not limited to: travel trailers, boats, converted busses, coaches, pickup campers, campers, motorized dwellings, race cars, and dune buggies. It does not include vehicles used predominantly for domestic or employment - related transportation. (2) Standards. Major recreational equipment in a residential district must conform to the following standards, in addition to the standards in Title 9 (Traffic and Transportation). These standards are enforceable against the property owner, the vehicle owner, and the vehicle 11- 1800 -9 possessor(s), joint and severally. For this purpose, the vehicle owner is presumed to be the registered owner, unless rebutted. (a) No major recreational vehicle may be used for living, sleeping, or housekeeping purposes, except that one major recreational vehicle not exceeding the limitations of 11- 1828(2) is allowed for occasional living purposes, not to exceed three days per 30 day period, to accommodate visitors, provided the vehicle is parked on private property. (b) Major recreational equipment stored outside must be in a condition for the safe and effective performance of its intended function or repaired to put such equipment in such condition. Equipment being repaired may not be stored longer than 20 days. [Revised 9/1/92, Ordinance 1428] (c) Maximum Number: Two major recreational vehicles per residential dwelling unit, whether stored inside or outside a building. (d) Size limitations for major recreational equipment parked or standing in residential districts more than 12 hours: L Maximum Height: Thirteen and one half feet measured from the ground to the highest point on the vehicle at the recommended tire pressure. For the purposes of measuring height, all accessories, attachments, and material carried on the vehicle shall be considered part of the vehicle. ii. Maximum Length: Forty -five feet, measured from the longest point on the vehicle or, if a trailer, the horizontal distance between the front and rear edges of the trailer bed. For the purposes of measuring length, all accessories, attachments, and material carried upon a vehicle is considered a part of the vehicle or trailer bed. iii. Maximum Width: Eight and one half feet in width, measured from the widest point on the vehicle or, if a trailer, the horizontal distance between the left and right edges of the trailer bed. For the purposes of measuring width, all accessories, attachments, and material carried upon a vehicle is considered a part of the vehicle or trailer bed.[Revised 9/19/06, Ordinance 1931] — 33 — 11 -1829 Number of Vehicles. (1) The number of vehicles on a residential parcel may exceed by only two the number of persons with valid drivers licenses residing on the premises. The following vehicles shall be exempted from this requirement: (a) Temporary visitor parking. (b) Major recreational vehicles. (c) A maximum of two collector vehicles registered as pioneer, classic, collector or street rod vehicles. The collector plates must be displayed on the vehicle. (d) Trailers, trucks, and other vehicles used in loading, unloading, maintenance, or construction on the premises. (e) Two- or three - wheeled vehicles. (2) It shall be illegal to park or store or permit to be parked or stored any vehicle on undeveloped residential property. This provision shall not apply to vehicles used in conjunction with City approved projects. [Revised 9/1/92, Ordinance 1428] LINO LAKES K. Motor Vehicle Parking in Residential and Rural Zoning Districts. 1. No commercial motor vehicle exceeding a gross weight rating of eleven thousand seventy -five (11,075) pounds shall be parked or stored, indoors or outdoors, in a residential zoning district or on a lot of less than two and one -half (2 %) acres in a rural zoning district, except when loading, unloading, or rendering a service unless an administrative permit that Lino Lakes Zoning Ordinance General Provisions Amended per Ord. No. 07 -05, 19 -07, 01 -08 & 11 -08 3 -67 complies with the following requirements is obtained from the Community Development Department. a. The vehicle shall not be parked or stored for more than seventy -two (72) hours within a seven (7) day period excluding legal holidays. b. The vehicle shall be parked or stored behind the front of the dwelling. c. No more than one permit shall be granted per residence. d. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked or stored. e. There shall be a minimum of one hundred fifty (150) feet from the vehicle to the nearest lot line. f. The vehicle and trailer shall remain connected. g. All parking permits shall be reviewed and renewed on 1 July of each year at a fee established by the City Council. h. If at any time the conditions or requirements of permit approval are violated, the permit may be revoked. 2. On lots 2 % acres to 10 acres in rural zoning districts, no more than two (2) commercial motor vehicle exceeding a gross weight rating of eleven thousand seventy -five (11,075) pounds shall be parked or stored, indoors or outdoors. Vehicles parked or stored shall meet the following requirements: a. Neither the truck engine nor any other motorized component shall be left running while the vehicle is parked or stored. b. There shall be a minimum of one hundred fifty (150) feet from the vehicle to the nearest lot line. c. The vehicle and trailer shall remain connected. 34 - Champlin Sec. 126 -422. Parking requirements in R -A, R -1, R -1L and R -2 districts (a) Definitions. For purposes of this section the following words shall have the meanings specified below: Agricultural vehicles means any machinery used for the purposes of farming, dairying, agriculture pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry. Driveway means a paved pathway upon a property and intended to provide vehicular access to and from a public street, private drive or alley. Graveled means an area surfaced with not less than three inches of class 5 aggregate (as that term is defined in MNDOT standard specifications), or not less than three inches of drain field rock, pea rock, or decorative landscaping rock of any type commonly sold commercially. Notwithstanding the foregoing language, if the purported graveled area contains within its perimeter quantities of growing weeds, grass or other vegetation which are visible from the public right -of -way to which the graveled area is connected, then the surface shall be deemed to be lawn, and not included within this definition. Guests means a visitor that does not stay more than seven consecutive days. Outside means outside of an enclosed storage facility and visible from any other property. Oversized vehicle means any motorized vehicle more than 9,000 pounds and up to 12,000 pounds gross vehicle weight, and /or more than eight feet and up to nine feet in height. Height is measured from the ground to the highest point on the vehicle. All accessories, attachments and materials carried on the vehicle, except antennas, are considered part of the vehicle. Parking pad means a graveled or paved area upon a property located on a side or rear yard intended for parking a vehicle, recreational vehicle or recreational mobile structure. Paved means an area surfaced with not less than two inches of bituminous material, or not less than three inches of concrete or brick /decorative block. Recreational vehicle means and includes a motor home, all- terrain vehicle, tractor, snowmobile, marine craft, mobile home, trailer, or any similar vehicle not defined herein. Recreational vehicles parked on a single trailer shall be considered one recreational vehicle. Vehicle or vehicles means any motor vehicle as defined in Minn. Stats. § 169.01, including, but not limited to, an automobile, truck, van, or motorcycle. Vehicle, street - operable means a vehicle that is capable, at any given time, of engaging its ignition to successfully activate its engine, and to then be driven legally on the public streets and highways of the state. (b) R -A, R -1, R -1L and R -2 district parking requirements. -3s,- (1) Parking of vehicles, recreational vehicles and agricultural vehicles shall be permitted as follows: a. Vehicles and recreational vehicles shall be permitted on front and street side yards on a driveway. b. Vehicles and recreational vehicles shall be permitted on side yards on a parking pad or driveway. c. Recreational vehicles shall be permitted on rear yards. d. Agricultural vehicles shall be permitted in the rear yard of R -A districts only. e. Parked vehicles shall be street - operable, registered and licensed to the occupants of the dwelling unit or, if not licensed, be registered to the occupant of the dwelling unit and stored in a garage. f. Guest vehicles may be parked if licensed and street - operable. g. Recreational vehicles parked on a property shall be owned by a person residing on the property and shall be required to be licensed only during the season they are used. h. Agricultural vehicles shall be permitted on an R -A property only and shall be owned by a person residing on the property and shall be required to be licensed. L In residential districts, not more than one oversized vehicle may be parked or stored outside, unless being used in conjunction with a temporary service including, but not limited to, a construction or remodeling project benefiting the premises or general loading or unloading. All vehicles in excess of 12,000 pounds gross vehicle weight and /or nine feet in height are prohibited from being parked or stored outside in residential districts, unless being used in conjunction with a temporary service including, but not limited to, a construction or remodeling project benefiting the premises or general loading or unloading. This restriction shall not apply to recreational vehicles or for lots of five acres or more. (2) All existing parked vehicles not in compliance with the provisions of this section shall be brought into compliance, except those lots which did not have a paved driveway at the time of adoption of the ordinance from which this section is derived shall not be required to be paved. (Ord. No. 662, 9 -22 -2008; Ord. No. 665, 11- 10 -08) -3(p- Gross vehicle weight (GVW) • total max. weight when loaded • weight of vehicle + weight of load Pay load/ "Carrying" weight • weight of the load (load: passengers + cargo) Gross Vehicle Weight (GVW) - means the weight of the greater (MN State Statute 169.011 definition): (1) The unloaded weight of a vehicle or the unloaded weight of a truck - tractor and semi - trailer combination, plus the weight of the load; or (2) The value specified by the manufacturer as the maximum gross weight or gross vehicle rating. Commercial Vehicle — essentially a vehicle with a GVW of 26,000 pounds or more. 1 3 1, - VALIDATION STICKERS Gross Weight - Decal letter code indicates the registered GVW of the vehicle. Decal is affixed on the right side middle of the license plate. Decals range from "A" (1,500 GVW) through "67 (81,000 GVW always using 6 axles). Weights in excess of 80,000 GVW require an "X" decal and special permits. Decal color is blue letters on a silver background. These are permanent stickers which must be displayed with a gross weight validation sticker. Sample F � 3 x5 AXE r l 1,500G� r s ,810 1 81,001GMW Month Sticker - Decal affixed to the lower left corner of plates displayed on passenger class vehicles indicating the month of expiration. Renewal registration must be displayed by Midnight of the tenth (10th) day of the month following the expiration month shown. ICOLOR and EXPIRATION Sample MONTH STICKER Silver Characters on Blue Background Permanent re ,� a 3 =' UMN 115 i $R � K � Moving Truck Information & Specifications - Budget Truck Rental Page 1 of 1 Type your question here I Home Discounts Rental Locations Trucks & Equipment Supplies & Services Self Storage Reservations Moving Trucks Cargo Van Hilo, a Question? Call Us NOW! ._ 1 =800-482a8343 Move Type Local Capacity 1 -2 rooms Cubic Feet 309.4 taterlo—r (Length) 10,111, Interior (Width) 5' 6.75" Interior (Height) 4' 4" Rear Door (Height) 4' Rear Door (Width) 4'6 Load Ramp Width Local Load Ramps One Way Air Conditioning 1 -2 rooms Automatic Transmission J Power Steering -I! Power Brakes 8,600ibs; AM /FM Stereo .� No Wheel Wells Dual Faced Mirrors J Tie Down Slats J Seat Belts / Seats 2 Fuel Tank 35 gallon Tow Hitch Lift -gate Please contact your local Budget Truck Rental Dealer for information and availability. 10' Moving Truck 18' Moving Truck 24' Moving Truck 6' 3" 7'5" 7' 5" 6.0Y' 6.5., T 5 Local Local Local One Way One Way One Way 1 -2 rooms 3 -4 rooms 5 -8 rooms 380 800 1,380 8,600ibs; 11y50016s: 25,5001bs: _,'' 10' 15'7" 24' 6' 3" 7'5" 7' 5" 6.0Y' 6.5., T 5 5' 5 66 70 5191. T 3" T 3" 2'3" 2'4" J J J •/� J J J 2 2 3 35 gallon 35 gallon 55 gallon =Yes Fhe truck specifications above are based upon the most common fleet rented by Budget Truck Rental and are not the exact measurements of all fleet. specifications may vary based upon make, model and year of truck. *Based on average household volume, may vary depending on actual size of rooms and /or quantity of contents. Contact Us FAQ About Us Privacy Policy Terms of Use Affiliates Site Map Terms & Conditions © Budget Truck Rental, LLC — D http: / /www.budgettruck.com /Moving- Trucks.asnx 1/g/9010 2010 Ford F-150 Payload capacity I The Official Site of the 2010 Ford F-150 I FordVehicl... Page I of 2 F-150 Specifications htti)://www.fordvehicles.com/trucks/fl5O/sDecifications/navload/ Download Specifications Next Steps Build & Price Incentives & Offers Search Dealer Inventory More Shopping Tools OU View All GVWR (Ibs.) 6450 6750 6850 7050 8200 6700 6800 7050 7500 8200 6800 6900 7100 7350 6800 6900 7100 7550 6650 6750 6800 6950 7050 6900 7000 1 /R/?()l () Exterior Interior Capacities Engine Chassis Towing _CP1yI1adP11kago,SeI'e)ctor F-150 PAYLOAD PACKAGE SELECTOR - Styleside Wheelbase (in.) Engine Max. Payload (lbs.) Regular Cab 4x2 126' 4.612 -valve 1710 145" 4.612 -valve 1890 4.613 -valve 1980 • 5.413 -valve 2060 5AL &valve, 3030(1) SuperCab 4x2 145" 4.61-2 -valve 1600 4.6L 3-valve 1680 5.413 -valve 1800 5AL 3-valve 2030 (2) 163" SAL 3-valve 2660(l) SuperCrevv4x2 145" 4.6L 2-valve 1610 4.61-3 -valve 1680 5AL 3-valve, 1750 5.41-3 -valve 1870 (2) 157" 4.6L 2 -valve 1470 4.61-3 -valve 1540 5AL 3-valve 1670 5.4L 3valve 1990 (2) Regular Cab 4x41 126" 4.6L 2-valve 1640 4.61-3 -valve 1710 5.41-3 -valve 1660 145" 4.612 -valve i 1850 4.6L 3-valve 1890 5.41 3-valve 1970 SAL 3 -valve SuperCab U4 1331, 5AL 3-valve 1020 145" 4.612 -valve 1480 4.6L 3-valve 1550 htti)://www.fordvehicles.com/trucks/fl5O/sDecifications/navload/ Download Specifications Next Steps Build & Price Incentives & Offers Search Dealer Inventory More Shopping Tools OU View All GVWR (Ibs.) 6450 6750 6850 7050 8200 6700 6800 7050 7500 8200 6800 6900 7100 7350 6800 6900 7100 7550 6650 6750 6800 6950 7050 6900 7000 1 /R/?()l () U -Haul: Moving equipment guide: Moving trucks, cargo trailers, utility trailers, vehicle tr... Page 1 of 1 ' I I 11mr7mr, r r r r � Home Rates and reservations Moving supplies Locations Moving trucks 26' 4+ bedrooms _2.4' 3-4 bedrooms 17' 2 -3 bedrooms 14' 1 -2 bedrooms 10' apartment C_.a_rgo moving_van Pickup moving truck Cargo trailers 6' X IT up to 396 cubic feet 5' X 10' up to 230 cubic feet 15' x 8' up to 208 cubic feet r 4'x 8' up to 142 cubic feet Sporttrailer up to 45 cubic feet Utility trailers 6' X 12' 68 square feet 5' X 9' 43 square feet 5' X 8' 37 square feet i 4'x 7' 26 square feet Vehicle trailers Car trailer/ Car hauler Car dolly Motorcycle trailer Truck and trailer measurements are approximate. The equipment you receive may vary in size, based on the engineering /design specifications of multiple - production models. The miles per gallon calculations are estimations for ideal driving circumstances. Many conditions can affect this number, including driving with a load, road grades and conditions, and vehicle speed. Pickup truck Great for home improvement projects, deliveries and other small loads. Available in select areas. Moving truck user instructions: English Espanol Francais (280K6; requires Acrobat) Capacity • Volume: 75.5 cu. ft. • Max load: 1,530 lbs. • Gross vehicle weight: 6,400 lbs. max • Empty weight: 4,870 lbs. Dimensions • Bed inside dimensions: 8'1 -112" x 51" x 1'8" (LxWxH) Fuel • Unleaded fuel • Fuel tank capacity: 34 gal. • Miles per fuel tank: approx. 510 • Miles per gallon: approx. 15 Features • Automatic transmission • Air conditioning • Gentle -Ride suspension • Fuel - efficient V -8 • SRS /air bags 7. Reserve now This model is available for in -town use only. For one -way moves see our 16' movino truck 1- 800- GO -UHAUL (1- 800.468 -4285) This website is owned and operated by Web Team Associates, Inc. Copyright © 2009 U -Haul International, Inc. All rights reserved. U -Haul International, Inc.'s trademarks and copyrights are used under license by Web Team Associates, Inc. httn:// www. uhaul. com/auide /index.asnx ?eauinment--truck- nickun 1 /R /9n1 n am8� 1� it 3j E Dimensions • Bed inside dimensions: 8'1 -112" x 51" x 1'8" (LxWxH) Fuel • Unleaded fuel • Fuel tank capacity: 34 gal. • Miles per fuel tank: approx. 510 • Miles per gallon: approx. 15 Features • Automatic transmission • Air conditioning • Gentle -Ride suspension • Fuel - efficient V -8 • SRS /air bags 7. Reserve now This model is available for in -town use only. For one -way moves see our 16' movino truck 1- 800- GO -UHAUL (1- 800.468 -4285) This website is owned and operated by Web Team Associates, Inc. Copyright © 2009 U -Haul International, Inc. All rights reserved. U -Haul International, Inc.'s trademarks and copyrights are used under license by Web Team Associates, Inc. httn:// www. uhaul. com/auide /index.asnx ?eauinment--truck- nickun 1 /R /9n1 n U -Haul: Moving equipment guide: Moving trucks, cargo trailers, utility trailers, vehicle tr... Page 1 of 1 Moving trucks 26' 4+ bedrooms 24' 3 -4 bedrooms 17' 2 -3 bedrooms 14' 1.2 bedrooms 1.0' apartment Cargo moving van Pickup moving truck Cargo trailers 6'x12' up to 396 cubic feel 5'x10' up to 230 cubic feet 5' x 8' up to 208 cubic feet 4'x 8' up to 142 cubic feet Smr trailer up to 45 cubic feet Utility trailers 6' x 12' 68 square feet 5'X9' 43 square feet 5' x 8' 37 square feet 4' x 7' 26 square feet Vehicle trailers Car trailer/ Car hauler Car dolly Motorcycle trailer Truck and trailer measurements are approximate. The equipment you receive may vary in size, based on the engineedng /design specifications of multiple- production models. The miles per gallon calculations are estimations for ideal driving circumstances. Many conditions can affect this number, including driving with a load, road grades and conditions, and vehicle speed. r i r i r r r P11111= Home Rates and reservations Moving supplies Locations Cargo van Great for deliveries and small loads. Available in select areas. Moving truck user instructions: English Espanol Francais (280K8; requires Acrobatl • Volume: 236 cu. ft • Max load: 3,673 lbs. L. • Gross vehicle weight: 8,900 lbs. max • Empty weight: 5,227 lbs. t-- I.e.� .� Dimensions • Inside dimensions: 92"X57-1/2" x4'5" (LxWxH) • Back door opening: 4'6" x 41" (WxH) Fuel • Unleaded fuel • Fuel tank capacity: 35 gal. • Miles per fuel tank: approx. 525 • Miles per gallon: approx. 15 • Seats for 2 adults • Automatic transmission • Air conditioning • Gentle -Ride suspension • Fuel- efficient V -8 • SRS /air bags • Tie downs • Rub rails t�v73S fT Reserve now This model is available for in -town use only. For one -way moves see our 10_maving,lruck 1. 800- GO -UHAUL (1- 800 - 468 -4286) This website is owned and operated by Web Team Associates, Inc. Copyright m 2009 U -Haul International, Inc. All rights reserved. U -Haul International, Inc.'s trademarks and copyrights are used under license by Web Team Associates, Inc. http://www.uhaul.com/guide/l*ndex.aspx?equipment--tmck-earRovan i iui ?m n U -Haul: Moving equipment guide: Moving trucks, cargo trailers, utility trailers, vehicle tr... Page 1 of 1 L 41AUL Your moving gold storage resourm Moving trucks 26' 4.bedwome 3- 4bedrooms 17, 23M_droems 14' 1- 26edrooms 10' apartment Cargo Inov.ng van Pickup mov'no truck Cargo trailers V xJ2' up M398 wbic feet 5'x10, up to 230 wbic feet 5,x8' up to 208 wbic feet '4•x6' up to 142 cubic Met S op rttrailer up to 45 cubic feet Utility trailers 6'x12' BB Square feet 5'x9' 43 square feat 51 x81 37 square feet 4,x7, 28 square feet Vehicle trailers Car trailer/ Car hauler Car dolly Motorcycle trailer Truck and tmger measurements are approximate. The equipment you receive may vary in size, based on the enginearingldesign specifications of mulliple- production models. The miles per gallon calculations are estimations for ideal driving eimumstarees. Many corMitkmm an affect this number. including driving with a load, road gmtles and conditiona, and vehicle speed. 10' Mini Mover Home Rates and reservations Moving supplies Locations Excellent fuel economy, and low deck makes it 50% easier to load. Moving truck user instructions: EngUsh Esoanol Francais (2WKB: requires Aerobe ) /uMAUI uNgUL Reserve now • Volume: 400 W. ft. • Max load: 2,7701bs. • Gross vehicle weight 8,600 lbs. max • Empty weight: 5,8351bs. 11' ; �� r� n400k. • Inside dimensions: 10'0 "x VWx6'3"(LXWXH) • Deck height: 2'S" • Door opening: 511 "x 5'6" (WxH) • Loading ramp: none • Unleadedfuel • Fuel tank capacity. 35 gal. • Miles per fuel tank: approx. 420 • Miles per gallon: approx. 12 Features • Driver's side Air Bag • Seatsfor2adults • Automatic transmission • Air conditioning • Gentle -Ride suspension • Disc brakes • 30.5" Low Deck • Fuel - efficient V.8 • Hitch with 2" ball • 7e downs • Rub rails Recommended moving items • 5'x 10' x V storage room • 15 boxes • 1 roll of tape - • 1 dozen fumiture pads • 1 rope • 1lock • Mattress bags • Utility dolly X511 "� 1.80040 -UHAU L (1 900A"4265) This websde is owned and operated by Web Team Associates, Inc. Copyrigti02009 U-Haul International, Inc. All rights reserved. U -Haul Intema0onal, Inn's trademarks and copyrights are used under fcense by Web Team Associates, Inc. 12 - httrr / /www.uhaul.com/ guide /index.asnx ?eauiDment--truck -10 1/8/2010 U -Haul: Moving equipment guide: Moving trucks, cargo trailers, utility trailers, vehicle tr... Page 1 of 1 _._...._. - _ ............ Moving trucks 26' 4 +bedrooms �_ 34bedrooms IT 23badrooms 1.2 bedrooms 10' - apartment Cargo moving van, Pickup moving truck Cargo trailers 6'x12' up M age cubic Met 5'x10' up to 230 cubic feet 5'X8' up to 208 cubic feet 4'x8' up to 142 cubic feet S,po urader up to 45 cubic feet Utility trailers 6'x12' 0square feat 5'x9' 43 square feet 5'X8' 37a,maefeet 4•x7' 2e action. feet Vehicle trailers Car trailer I Car hauler Cardol Motorcycle trailer Truckand trailer meawremenM are approzimaM. The equipmentyau receive may vary in size, baud on Me engineeri�ldesgnspedfic tonsofmul8ple- production models. The miles par gallon cakvlations are estimations or ideal driving chonam ercea Many conditions can affect this number, including driving with a load, road emotes and condil'ons. and vehicle speed. Home Rates and reservations Moving supplies Locations 24' Household Mover Low deck makes it 50% easier to load. Moving truck user instructions: English Espanol Fra%a's (280)(B; requires Acrobat) • Volume: 1401 cu. ft. is Max load: 6,500lbs. • Gross vehicle weight: 18,0001bs. max • Empty weight: 11,500 lbs. lli Dimensions • Inside dimensions: 20'19'x T6 "x VV(LxWxH) • Mom's Attic: 2'10 "x7'6'x31"(LxWxH) • Deck height 2'9" • Door opening: T3" x 610 "(WxH) • Loading ramp width: 27' • Unleaded fuel • Fuel tank capacity: 60 gal. • Miles per fuel tank: approx. 420 • Miles per gallon: approx.7 Features • Drivers side air bag • Seats for 3 adults • Automatic transmission • Airconditioning • AM /FM radio • Gende -Ride suspension • Use brakes • Widest and shortest ramp • Hitch with 2- ball • Tie downs • Rub rails Recommended • IV x 15'x 8' storage room • 70 boxes • 3 rolls of tape • 3 -5 dozen furniture pads • 1 rope • 1lock • Mattress bags • Appliance dolly items IHUUL� fLl l q 1.800- GO -UHAUL (14004684285) This websfte is owned and operated by Web Team Associates, Inc Copyright 02009 U-Haul International, Inc. All lights reserved. U -Haul international, Inc.'s trademarks and copyrights are used under fcensa by Web Team Associates, Inc, — 9/ 1 Reserve now This model is available for in -town use only. Forone -w ay moves sea our 2E A pit i.sk http: / /www.uhaul.com/ guide /index.aspx ?equipment--txuck -24 1/8/2010 CC I T Y 0 F NIDOVEA 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW.CLAN DOVER. MN. US TO: FROM: SUBJECT: DATE: Mayor and Councilmembers Jim Dickinson, City Administrator Administrator's Report March 2, 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. 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 March 2, 2010 City Council Meeting DATE: March 2, 2010 The City Council is requested to receive the following supplemental information. Discussion Items Item #6. Consider Conditional Use Permit/Andover Lions Park/Clear Wireless LLC (Supplemental) — Planning A. Northern Natural Gas Comments B. Centerpoint Energy Comments C. Information from November 24, 2009 Council Worksession Item #8. Consider City Code Amendment/Exterior Storage of Commercial Vehicles & Other Storage Items (Supplemental) - Planning submitted, - �NcaovElL Lt o n/t S i� Dave Berkowitz From: Schelhaas, Chase [Chase.Schelhaas @nngco.com] Sent: Tuesday, March 02, 2010 10:05 AM To: Dave Berkowitz Subject: FW: Clear Wireless Antenna Tower Site - Andover, MN From: Schelhaas, Chase Sent: Tuesday, March 02, 2010 9:57 AM To: 'd.berkowtiz @andovermn.gov' Cc: Wilsie, Suzanne; Anderson, Jeff; 'dahagen @live.com'; McMullen, Derek; Gormley, John Subject: Clear Wireless Antenna Tower Site - Andover, MN Dave, Northern Natural Gas has reviewed the plans provided by David Hagen for construction of a 120 foot self- supporting tower. The proposed tower will be located approximately 65 feet east of a 20 -inch steel high pressure gas pipeline. Northern Natural Gas does not believe there will be any issues with the location of the tower. Northern Natural Gas has no history of appurtenances near its pipelines being struck by lightning and causing a pipeline failure. Please notify a Northern Natural Gas representative if any construction equipment will be crossing the gas pipeline so loading calculations can be verified. Let me know if you have any questions. Thanks, Chase Schelhaas Engineer - Pipeline Integrity and Risk Northern Natural Gas Company Office: (402) 398 -7870 Cell: (402) 707 -7988 Email: chase. schelhaasAnngco.com naA-nt.�ovF2 Gpryt M �F,- /4 7`Y� �CenterPoint. Energy March 2, 2010 Dave Berkowitz, P.E. Director of Public Works City of Andover 1685 Crosstown Boulevard Andover, MN 55304 Re: Construction of Wi-Fi Tower adjacent to CenterPoint Energy Easement in the proximity of 139th Avenue Easement File No. MIPC - 165 Andover, Minnesota Dear Mr. Berkowitz: Thanks for the interest the City of Andover and its residents have shown in protecting CenterPoint Energy facilities on the impact of the proposed Wi-Fi tower construction in the proximity of 139th Avenue. CenterPoint Energy and "Minnesota Intrastate Pipeline Company (MIPC), a wholly owned subsidiary of CenterPoint Energy Resources Corp. owns easements adjacent to the proposed tower. Within these easements we own and operate two (2) existing natural gas pipelines. These facilities are essential to providing natural gas service to the residents and businesses in the area. From the information package you sent to us, we have three areas of concern to the safety of our pipeline: 1) It appears access to the proposed location is along an existing trail placed over one of the pipelines. CenterPoint Energy will not allow heavy equipment to run parallel, along and over our pipelines, as such some other access point must be found to traverse perpendicular over our pipeline. This access area must be evaluated and approved by CenterPoint Energy to ensure that the construction equipment loading is safe to cross our facilities and/or make recommendations to remedy the problems associated with the perpendicular access. 2) The footings /foundation of the tower must not exceed a depth that is greater than the distance of the tower to the nearest easement. This is to ensure that, should there be a failure and the footings are uprooted sideways towards the pipelines there will be little or no impact to the gas lines. 3) As to lightning strikes onto the tower, the industry professionals states: • When lightning strikes a tower, the grounding system of the tower directs the electricity to the soil. The potential of the soil around the tower is temporarily raised until all of the energy has been dissipated. • A lightning strike on a cell tower or power transmission tower is normally not a concern to a pipeline. Any rise in potential of the pipeline caused by coating anomaly, will be dissipated by the zinc ribbon of the AC mitigation system. • The de-couplers of the AC mitigation system will not be damaged or direct the increased potential of the soil to the pipeline. De-couplers are rated to exceed the ampacity of lightning and will protect the pipeline from a rise of potential on the zinc ribbon caused by a nearby lightning strike. Within our easements CenterPoint Energy has a mitigation system which consists of long lengths of uncoated zinc ribbon and copper ground rods connected to the pipeline via de-couplers. The design and installation in protecting our pipeline against damage due to lightning strikes is adequate and meets industry standards. Should you need to discuss any of our concerns as outlined above, please contact me. Should you have any questions please contact me. Sincerely, Andrew Balgobin Administration Engineer CenterPoint Energy 612-321-5426 Andrew.Balgobin@CenterPointEnergy.com Pc- John Wiinamaki Jerry Kallstrom .Ce -rt o - r20AA IVoV 7-4, 'Z C°cx do`t c jci C PW OO���232244 �UBUELL CONSULTING, INC. niversity 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 Construct Antenna Towers in Lions Park and Shadowbrook East Park Dear Andover City Council and Planning Commission: With this letter and enclosures, Clear Wireless LLC ( Clearwire) is applying for conditional use permits to construct antenna towers in Andover Lions Park ( #MN- MSP305) and Shadowbrook East Park ( #MN- MSP425) in Andover and to locate ground equipment inside fenced areas at the base of these towers. Enclosed are the following: 1. Application forms for each of the sites signed by me as agent for Clearwire; gfff- sr-^f 2. 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; ,5gc- 5mFr- 3. Photographs of the setting for each of these locations with towers, antennas and 2ei=oZT ground equipment enclosed in chain link fence simulated on them; .A,T rA c p F p 4. A letter from Clearwire Radio Frequency Engineer Gyan Pandey addressing interference with public safety telecommunications, service coverage in the City of Andover and FCC emission regulation compliance. Two attached maps model service coverage without and with the five proposed Andover sites activated; A, rAc-r uED 5. A letter from Clearwire Project Manager John Thielen indicating that Clearwire will allow collocation on the proposed towers; and A map showing the search radii within which the two proposed sites are located (NIN- MSP305- Andover Lions Park and MN- MSP425 Shadowbrook East Park). 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 somewhat more than one mile apart is required. Clearwire's standard antenna configuration consists of three panel antennas about four feet long by one foot wide and three microwave dish antennas 26" in diameter. The area surrounding the antenna site is, for coverage purposes, divided into three equal sectors and panel antenna are oriented at the middle of 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. At the request of the City Clearwire is using a stealth antenna design where the antennas are housed within the circumference of the tower structure. A base station (43 "H x 47 "W x 30 "D) is located next to the base of the towers, all within a six foot high chain link fence. Page 2- November 18, 2009 Letter to Andover City Council and Planning Commission Andover City Code Title 9, Chapter 12, Section 9- 12- 6:A.3. requires that the City Council must find that an the antenna tower cannot be accommodated on an existing approved tower or building. In these cases there are no exiting or approved towers or buildings within the search radii to accommodate the planned antennas at a height necessary to function reasonable. Andover City Code Title 9, Chapter 12, Section 9- 12 -6:13. requires that towers be designed to allow for future arrangement of antennas at varying heights. The ordinance requires and plans indicate that each of these towers will accommodate three users in addition to the Clearwire antennas. Andover City Code Title 9, Chapter 12, Section 9- 12 -8:13. requires that towers be set back from all property lines a distance equal to the height of the tower plus an additional ten feet, unless a certification is provided that collapse of the tower will occur within a lesser distance under all foreseeable circumstances. The two towers are setback at least their height plus ten feet from all abutting property lines except for the property line to the west of the proposed tower at Lions Park. In that case the tower is 120' tall but is setback only 97' from the property line to the west. The required certification will be provided with the tower design when the building permit is applied for. Andover City Code Title 9, Chapter 12, Section 9- 12 -9:C. La., b., and c. require a description of the tower height, and design including cross sections and elevations, a description of the tower's capacity, including the number and type of antennas that can be accommodated and documentation of the mounting heights for collocated antennas and separations distances between antennas. The plan sets include cross sections and elevations, as well as the type of antennas that can be accommodated and documentation of mounting heights and separations between collocated antennas. Engineer - stamped plans will be submitted to the City of Andover with the building permit application as required by Andover City Code Title 9, Chapter 12, Section 9- 12- 9:C.l.d. 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. Two checks in the amount of $530 will be provided by November 24 to pay for the application fee, the public notification sign and recording the conditional use permit. Please contact me at 763 - 245 -4852 or DAHa en ,Live.com if additional information is required. Thank you. Sincerely, A �dgzr,,- David Hagen, Buell Consulting, Inc. Agent for Clear Wireless LLC November 17, 2009 City of Andover 1685 Crosstown Boulevard Andover, MN 55304 4400 Ca Ka d,' WA 98033 I 425 216 7600 I 425.216 7900 I ow xlearwirexom Re: Clear Wireless LLC Assurances to Support Conditional Use Permit Applications for Towers In Andover Lions Park and Shadowbrook East Park Dear City of Andover: This letter addresses certain requirements of the City of Andover relating to Antennas and Towers as set forth in Andover City Code Title 9, Chapter 12 as follows: 1. Public Safety Telecommunications Interference Avoidance- Clear Wireless LLC is licensed to operate in certain frequencies. These frequencies are different than the frequencies used for public safety telecommunications. Clear Wireless intends to avoid interfering with public safety telecommunications by operating within its assigned frequencies. Clear Wireless will respond promptly to reports of interference. 2. Service Coverage in the City of Andover Attached are maps of modeled service coverage for the City of Andover. Map 1 shows coverage in the City without the proposed five Andover sites and Map 2 shows coverage in the City with the five Andover sites as proposed. Blue areas have coverage and green and red areas do not have coverage 3. FCC Emission Standard Compliance The five proposed antenna sites proposed by Clear Wireless in the City of Andover will each comply with emission standards set by the Federal Communications Commission. Clear Wireless is prepared to measure emissions from the sites after they are activated at the request of the City of Andover. Please contact me at 612- 998 -6612 or gyan.pandey@clearwire.com if you have any questions about this letter. Sincerely, Gyan Pandey Gyan Pandey I RF Engineering Minneapolis I m: 612 - 998 -6612 1 Ryan. yandey clearwire_.com clearwore wireless broadband Bremer Bank Building 8800 Hwy 7, Suite 203 St Louis Park, MN 55426 HIGH SPEED INTERNET MADE SIMPLE. WAY SIMPLE. I m (I-- I Zrn J&IIL ap clear November 17, 2009 Mayor Mike Gamache and Andover City Council Members City of Andover 1685 Crosstown Boulevard Andover, MN 55304 -2612 Re: Collocation Assurance in Support of CUP Application For Tower and Antennas in Andover Lions Park and Shadowbrook East Park Dear Mayor and Council Members: The purpose of this letter is to provide assurance to the City of Andover of Clear Wireless's intent to allow collocation on its proposed towers in Lions Park and Shadowbrook East Park in the City of Andover, in the context of Clear Wireless's request for conditional use permits to construct the towers and to attach antennas to them. Clear Wireless LLC is hereby committed to allow shared use of the proposed tower by users that agree to meet reasonable terms and conditions for shared use. If you have any questions about this letter please contact me. Sincerely, John Thielen Network Deployment Project Manager Clear Wireless LLC 8800 Highway 7, Suite 203 St. Louis Park, MN 55426 612- 328 -3929 John.thielen @clearwire.com Page 4 of 4 Amy Carlwn Office Administrator Buell Consulting, Inc. 2324 University Avenue W, Suite 200 Saint Paul, MN 55114 (651) 209 -6766 acuLl rr@buellwnsultingcom 11/17/2009 AT Y O F �, NDOVE^ 1685 CROSSTOWN BOULEVARD N.W. • ANDOVER, MINNESOTA 55304 • (763) 755 -5100 FAX (763) 755 -8923 • WWW. CLAN DOVER. MN. US TO: Mayor and Councilmemebers CC: Jim Dickinson, City Administrator Will Neumeister, Community Development Director EVIL FROM: Angie Perera, Associate Planner 1 f a SUBJECT: Consider City Code Amendment/Exterior Storage of Commercial Vehicles and Other Storage Items. (Supplemental) DATE: March 2 °d, 2010 Staff is submitting a supplemental item to the City Council providing additional information that has been requested. • City Code Section 12 -13 -5: Screening (current requirements) • Photos discussed at the November 24, 2009 City Council workshop meeting. 1 M f rut �ea2t, ve+ -'tl B. Storage Of Refuse: All waste material, debris, refuse, or garbs all be kept in an enclosed building or properly contained in a c d container igned for such purposes. All non - residential u shall have trash enc ures built of materials that match the cipaf structure and have an opaque e made of wood or metal al chain link with slats is not acceptable). ended Ord. 31A -4 -2005) C. Vacant Land: The own vacant land shall be responsible for keeping such land e of refus nd weeds. D. Existing s To Comply: Existing uses s comply with this provision withi ix (6) months following enactment of this ' (Amended Ord. 8, -21 -1970; amd. 2003 Code) 12 -13 -5: SCREENING: A. Exterior Storage: Screening from residential properties and public streets as visible from ground level shall be provided with an architecturally compatible opaque fence with a minimum height of six feet as measured from the surface of the exterior storage area. Plant material shall be provided on the outside of the fence for aesthetic appeal. Additional fence height and /or berming shall be required if a six foot fence would not block direct vision of the exterior storage. (Amended Ord. 380, 4121/09) 1. Landscaping products and merchandise displayed for sale in limited quantities may be exempt from this screening requirement provided that a Conditional Use Permit and commercial site plan approval have been achieved and the approved plan provides specified locations, appearance and maintenance criteria and prevents conflicts with traffic circulation and emergency access. B. Loading Docks: Screening of loading docks from public streets and residential properties shall be provided to the top of the loading door(s). Such screening shall be provided with a wing wall constructed from the same materials as the principal structure whenever possible. Other views into the loading dock from public streets and residential properties shall be screened with a combination of berming, fencing and landscaping to a minimum height of six feet except within sight triangles at intersections with public streets. C. Mechanical Equipment: 1. Rooftop mechanical equipment shall be screened from public streets and residential properties with a cornice, parapet, or other architectural feature to the fullest extent possible. Any remaining protrusions of rooftop equipment above these features shall be painted to match the principal structure. 2. Ground mounted mechanical equipment shall be screened from public streets and residential properties with landscaping or a fence or enclosure that is architecturally compatible with the principal structure. D. Multiple Frontage Residential Lots: Screening between the rear yard and the adjacent street shall be provided to achieve a minimum height of six feet at plant maturity as measured from the surface of the adjacent street. Such Screening must consist of: 1. Existing vegetation 2. A compact evergreen or deciduous hedge 3. Deciduous and coniferous trees 4. A landscaped berm 5. A combination of the above E. Buildings: The sides and rear of non - residential buildings and residential structures containing more than two (2) units shall be screened. from residential properties within 200 feet, to a minimum.height of six feet at plant maturity as measured from the grade of the residential property line. Such screening shall be provided with the following: 1. Existing vegetation 2. A compact evergreen or deciduous hedge 3. Deciduous and coniferous trees 4. A landscaped berm (Amended Ord. 314 10 -4 -2005) 5. An architecturally compatible opaque fence 6. A combination of the above F. Parking Areas: Screening from residential properties shall be provided to a minimum height of six feet as measured from the surface of the parking area. Screening from public rights -of -way shall be provided to a minimum height of three feet. Parking area screening must consist of: 1. An architecturally compatible opaque wall or opaque fence. 2. A landscaped berm 3. Two staggered rows of evergreen trees with trees in each row spaced a maximum of 12 feet. Such trees shall not be used to satisfy minimum tree requirements. 4. A combination of the above. G. Trash Enclosures and Compactors: Trash collection shall be provided on the interior of the principal structure whenever possible. When exterior trash enclosures are necessary such enclosure shall be constructed from a masonry product that is compatible with the principal structure. Such enclosure shall exceed the height of alf waste receptacles stored inside and shall provide adequate space for recycling. The trash enclosure shall have an opaque metal or wood gate. Chain link fencing shall not be allowed. Trash enclosures shall be screened from public rights -of -way and residential properties with coniferous trees equal in height to the trash enclosure at the time they are planted. (Amended Ord. 314, 10 -4 -2005) 12 -13 -6: LANDSCAPING OF NONRESIDENTIAL PROPERTI A. Purpose and Intent. The City of Andover recognize he health, safety, aesthetic, ecological and economic valu=blank ping and screening. e provisions of this section are intende 1. A isual interest to open spaces ades; 2. Soften dorii�t building 3. Provide definition for is walkways and open space areas; 4. 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