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120109 Planning0� To: Planning Commission Cc: Steve Sondrall, City Attorney Al Brixius, Planning Consultant From: Curtis Jacobsen, Director of CD Date: November 23, 2009 Subject: PC 09 -06, T- Mobile Antenna at 5040 Winnetka Avenue North On May 5, 2009 the Planning Commission tabled Planning Case 09 -06, a request for a conditional use permit for personal wireless service antenna at 5040 Winnetka Avenue North, FMHC Corporation, agent of T- Mobile Central LLC, petitioner. On June 8 the City Council approved a sixty day extension running through August 7, 2009. On July 13 T- Mobile through their agent requested an additional 60 day extension. At the July 27 City Council meeting the Council acting on Attorney Gordon Jensen s advice the Council that rather than granting another 60 day extension offered to waive the 60 day rule with the applicant's consent. The applicant agreed verbally to waiving the sixty day rule and provided a letter to that effect on July 30 The reason this item was tabled generally revolved around the displeasure of the Planning Commission with how the contractor of T- Mobile had left a prior installation at the city water tower incomplete. All of the work at the water tower has been completed to the satisfaction of the Public Works Director and the city engineer. At this time the application is before you once again for consideration. To refresh your memory T- Mobile is proposing to install a 110 foot monopole style tower to the east of the building at 5040 Winnetka Avenue North. The complete installation is on private property and no public right -of -ways will be disturbed by the construction of the tower or its accessory fence and equipment building. City Attorney Sondrall will be in attendance to answer any questions you may have regarding requirements for bonds related to this application. All pertinent handouts are being provided to the Commission again for your convenience. Attachments: Application Applicant's narrative Planning Case Report 09 -06 Location maps Drainage map Planning Consultant Report City Engineer Report Coverage maps Licensing and safety info Digitally represented tower image Letter of support — property owner Excerpt of Planning Commission minutes, May 5, 2009 Excerpt of City Council minutes, June 8, 2009 Letter FMHC, July 13, 2009 Excerpt of City Council minutes, July 27, 2009 Letter FMHC, July 30, 2009 Engineering plans (signed) Application log 2 Basic Fee Deposit Case No. Cq 9-6 Date Filed 4 lA Receipt No. rL1 3 - Received by Name of Applicant: FMHC Corporation, as agent for T- Mobile Central LLC P1D 08- 118 -21 -23 -0002 Street Location of Property: 5040 Winnetka Avenue North New Hoe MN 55428 Legal Description of Property: The North 265 feet of the West 558 feet of the Southwest 1/4 of the Northwest 1/4 of Section 8, Township 118, Range 21, except the East 7 feet of the West 40 feet thereof, in Hennepin County, Minnesota. TORRENS Property. OWNER OF RECORD: Name: New Hope Partners Limited Partnership,a Texas limited partnership Address: 3555 Timmons Lane Suite 1400 -- Houston, TX 77027 Home Phone: 713 - 961 -3299 Work Phone: 763 - 537 -9664 Fax: 713 - 961 -3284 Applicant's nature of Legal or Equitable Interest: Leasehold Interest Type of Request: (pertaining to what section of City Code) Conditi Use Permit for a Personal Wireless Service Antenna Tower (Section 4 -3 of New Hope's Zon ina Ordinance) Please outline Description of Request: (use additional pages if necessary) Please see the attached Proposed Use and Project Description for a full explanation of the proposed installation. Why Should Request be Granted: T Mobile has d e termined there is a neat{ in the City of New Hopp and is working to hri 8 the henafits of ceamlacc wireless coverage and enhanced E911 capabilities to its residential neighborhoods The addition of this site will ensure uninterrupted superior wireless service to the surrounding residential neighborhoods and thereby provide greater competition in the wireless marketplace. See attached narative for further explanation. (attach narrative to application form if necessary) 1 -09 Applicant acknowledges that before this request can be considered and /or approved, all fees, including the basic zoning fee and any zoning deposits (as outlined in the attached application materials) must be paid to the city and that, if additional fees are required to cover costs incurred by the city, the city manager has the right to require additional payment. The city hereby notifies the applicant that state law requires that the development review be completed within 60 days from the city's acceptance of this application. If the development review cannot be completed within 60 days, regardless of the reason, the city shall extend the review completion deadline an additional 60 days as also permitted by state law. Development review shall be completed within 120 days unless additional review extensions are approved by the applicant in writing. The Community Development Department will notify you of all meetings. N Q e a c arre �S l .•m. dam. r C'c% Signed: •�,r a ��c-e c e S� e rg` Applic J Other than Owner (print or Evidence of Ownership Submitted: Certified Lot Survey: Legal Description Adequate: Legal Ad Required: Date of Design & Review Meeting: FOR CITY USE ONLY Yes No Required Yes No Required Yes No Required Yes No Required Date of Planning Commission Meeting: Approved: Denied: By Planning Commission on: Approved: Denied: By City Council on: Subject to the following conditions: �•,�,M i 1 ''t 1 . , N 1 1 101 1 1 0 1 0 T- Mobile USA is the United States operating entity of T- Mobile International AG, the mobile communications subsidiary of Deutsche Telekom AG (NYSE: DT). Deutsche Telekom is one of the largest telecommunications companies in the world, with nearly 120 million customers worldwide. T- Mobile USA's headquarters are located in Bellevue, Washington with a Minnesota office located at 8000 W 78th St in Minneapolis, Minnesota. In 2006, the usage of cell phones met and then exceeded landline phone usage and is now the primary way Americans communicate by phone. One out of every eight American homes (13.6 %) had only wireless telephones during the first half of 2007; that number jumped to nearly one out of every six (15.8) during the second half of 2007. To keep pace with the dramatic increase in consumer demand on wireless networks in more residential areas, T- Mobile USA, Inc. ( "T- Mobile ") is making a committed effort to remedy and fill in areas experiencing spotty coverage, poor call clarity and dropped calls. The expanding wireless infrastructure is vital in providing quick assistance when emergency situations arise. T- Mobile typically handles more than 60,000 emergency 911 calls everyday across the country and the caller location system called Enhanced 911 ( "E911 ") is providing better connection between the emergency responders and distressed wireless callers. E911 ensures that each emergency wireless call is routed to the most appropriate dispatch call center while also providing a call -back number to the dispatcher as well as information about the approximate location of the distressed caller. To fully support the E911 system capabilities and to enhance public safety in the residential neighborhoods and area near the Victory Packaging property, T- Mobile's engineers have selected it as the best location option within T- Mobile's desired coverage radius. T- Mobile and its affiliates have acquired licenses from the Federal Communications Commission ( "FCC ") to provide personal wireless service throughout the United States. These licenses include the City of New Hope and the remainder of the Minneapolis —St. Paul metropolitan area, as part of an integrated nationwide network of coverage. The subject of the Conditional Use Permit application is Victory Packaging, located at 5040 Winnetka Avenue North, New Hope, Minnesota 55428. Victory Packaging is legally described as "The North 265, feet of the West 558 feet of the Southwest'/ of the Northwest'/ of Section 8, Township 118, Range 21, except the East 7 feet of the West 40 feet thereof, in Hennepin County, Minnesota. TORRENSproperty." For the full legal description, please see the attached Exhibit C: Victory Packaging Legal Description. According to the Land Use and Zoning Map, the Victory Packaging property is zoned as Industrial. Victory Packaging 5040 Winnetka Avenue North New Hope, Minnesota 55428 T- Mobile Central LLC is proposing to erect a one hundred ten (110) foot wireless communications tower to enhance T- Mobile's digital network in New Hope's nearby residential neighborhoods. The proposed tower is a monopole type tower. T- Mobile's antennas are to be mounted on a low profile antenna mounting platform with a centerline of one hundred seven (107) feet. The monopole is designed to structurally support the collocation of comparable antennas for two additional carriers. Future equipment will be located below T- Mobile's antennas with proposed antenna mounting centerlines of ninety five (95) feet and eighty three (83) feet, to allow for sufficient separations and avoid interference. Additionally, a four (4) foot tall lightning rod will be attached at the top of the monopole. The monopole will be designed in accordance with the Electronic Industries Association Standard EIA- 222 -F, "Structural Standard for Steel Antenna Towers and Antenna Supporting Structures." This standard is modeled after the ANSI A58.1 standard, which is now known as ASCE -7. The monopole and location meet the setback requirements of the City of New Hope's ordinance, but for further protection, the monopole is theoretically designed to collapse upon itself in the event of an unlikely tower failure. T- Mobile's accessory equipment will be located on the rear side of the Victory Packaging building and enclosed within the proposed forty (40) foot by forty (40) foot equipment compound area with sufficient ground space for the comparable ground equipment of two additional carriers. For security purposes, the equipment compound area will be enclosed with an eight (8) foot tall chain link fence and three strand of barbed wire will run along the top of the fence. ,.� J . � When T- Mobile becomes aware of a need to increase coverage in a specific area, Radio Frequency (RF) engineers generate propagation studies to determine the location needs specific to the area such as the required height and desired latitude and longitude. In determining site requirements, T- Mobile's RF engineers consider the area topography, the location of existing antenna towers, surrounding obstructions and coverage and capacity needs. RF engineers then identify a Search Ring which is a geographic area which potential sites may be located to effectuate the maximum amount of coverage to the desired area. Victory Packaging 2 5040 Winnetka Avenue North New Hope, Minnesota 55428 Once the Search Ring is identified, T- Mobile employs a site acquisition specialist to locate the possible sites within the Search Ring. The site acquisition specialist first looks for existing towers within the search ring where T- Mobile can collocate its antennas. Collocation on an existing tower is preferred because it cuts the cost of new construction and minimizes the number of towers in a local zoning jurisdiction. If no existing towers are available for collocation within the Search Ring, the site acquisition specialist then looks for the best option for locating a new tower that will satisfy the local zoning requirements and that best fits the surrounding area. In planning for the construction of the new tower, T- Mobile's construction architects and engineers, design a tower that will allow for future collocation of additional wireless carriers' antennas. ! . ! . ! . . After generating a propagation study, T- Mobile's RF engineers identified the need to improve indoor coverage within the residential and commercial areas along Winnetka Avenue. A map of the desired coverage area for this New Hope Site can be viewed at Exhibit E: Letter from T- Mobile's RF Engineer. The Victory Packaging property was selected for its location near the center of the issued desired coverage area and also to meet the zoning regulations of the City of New Hope. T- Mobile is proposing a monopole tower designed to meet the zoning requirements and T- Mobile's needs in a location that will minimize its visual impact to the surrounding area. The proposed monopole and security fence are located on the rear side of the building and so the equipment and base of the monopole are screened from Winnetka Avenue. The Victory Packaging property and T- Mobile's site plan for the future collocation of two additional carriers, reduces the need for additional towers in the area while also meeting T- Mobile's needs to provide better service to residents and visitors to the community. The proposed antenna and equipment will not be staffed on a daily basis. Upon completion of construction, the site will require only infrequent site visits (approximately one to four times a month). Access to the property will be via a twenty (20) foot wide access and utility easement over the existing bituminous access road on the property. The site will be entirely self - monitored and is connected directly to a central office where sophisticated computers will alert personnel to equipment malfunction or breach of security. For purposes of security and safety, the forty foot by forty foot (40' x 40') leased equipment area located on the rear side of the building will be enclosed by an eight (8) foot chain link fence with three strands of barbed wire as proposed in the site plan. Please see Exhibit F for the Professional Engineer Site Plans & Elevation Drawings. The proposed facilities will be designed and constructed to meet applicable governmental and industry safety standards. Specifically, T- Mobile will comply with all FCC and FAA rules regarding construction requirements, technical standards, interference protection, power and Victory Packaging 5040 Winnetka Avenue North New Hope, Minnesota 55428 height limitations, and radio frequency standards. Any and all RF emissions are subject to the exclusive jurisdiction of the FCC which sets and enforces very conservative, science -based RF emission guidelines to protect public health. T- Mobile operates all its wireless facilities well below FCC requirements. T- Mobile looks forward to working with the City of New Hope to bring the benefits of seamless wireless coverage and enhanced E911 capabilities to its residential neighborhoods. The addition of this site will ensure uninterrupted superior wireless service to the residential neighborhoods in East Central New Hope and therefore provide greater competition in the wireless marketplace. Victory Packaging 4 5040 Winnetka Avenue North New Hope, Minnesota 55428 The City of New Hope's City Code specifically governs the location, height, and construction of Communication Towers. The applicable zoning ordinance and submittal requirements are located in the City Code and Zoning Ordinances, Section 4 -3 for the City of New Hope. Please find below in bold text, New Hope's Personal Wireless Service Antennas and Towers Ordinance, and in italicized text, an explanation of how T- Mobile's proposed antenna installation complies with each section of the ordinance. Sec. 4 -3. General provisions. (1) Personal wireless service antennas and towers (1) Purpose and intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communication equipment in order to accommodate the growth of wireless communication systems within the city while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare. T- Mobile agrees with the goals of the City of New Hope and strives to achieve the above objectives in constructing a successful tower site. Increased cell phone coverage and enhanced digital service will provide the neighborhoods and communities in East Central New Hope with the added protection and safety ofenhanced 9 -1 -1 service and less dropped calls in case of emergency situations. (2) Personal wireless service antennas. Personal wireless service antennas erected on an antenna support structure may be allowed as a permitted secondary use in an zoning districts by administrative permit and provided they comply with the following standards: T- Mobile is not proposing to locate antennas on an existing antenna support structure and therefore standards far an administrative permit do not apply for purposes of this application. (3) Personal wireless service antenna towers. Personal wireless service antennas erected on an antenna tower may be allowed as a conditionally permitted use within industrial zoning districts, provided they comply with the following standards: a. Unless the antenna tower and land is under the same ownership, written authorization for antenna and antenna tower erection shall be provided by the property owner as well as the applicant. Victory Packaging 5 5040 Winnetka Avenue North New Hope, Minnesota 55428 A letter of written authorization from the Victory Packaging landlord is included as part of this application as Exhibit G: Letter of Authorization from Property Owner. b. All obsolete and unused antenna towers shall be removed within 12 months of cessation of operation at the site, unless an exemption is granted by the city manager or designate. The removal shall be the joint and several responsibility of the antenna tower owner and land owner. T- Mobile and the property owner are aware of the removal requirements for obsolete and unused antenna towers and have entered into a lease agreement in which T- Mobile agrees to be liable for the removal or cost of removal of the tower. c. All antenna towers shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. T- Mobile will fully comply with the City of New Hope's building and inspection requirements as well as all Minnesota State Building Code construction standards and other applicable federal and state regulations and permits. d. Structural design and construction plans of the antenna towers shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. The site plans submitted with this application have been provided for zoning review and approval purposes only. Upon approval of this application, T- Mobile will file for a building permit and provide the building inspector with structural design and construction drawings verified, approved and signed by a registered professional engineer to show compliance with manufacturer's specifications and wind loading requirements. e. When applicable, proposals to erect new antenna towers shall be accompanied by any required federal state, or local agency licenses. T- Mobile is licensed by the Federal Communications Commission ( "FCC') to provide personal wireless service throughout the United States and a copy of T- Mobile's FCC license has been included as part of this application as Exhibit H.• T- Mobile PCS Broadband License. f, The city may authorize the use of city property for an antenna tower in appropriately zoned districts in accordance with the procedures of the City Code. The city shall have no obligation whatsoever to use city property for such purposes. Victory Packaging O 5040 Winnetka Avenue North New Hope, Minnesota 55428 T- Mobile is proposing to locate the antenna tower within an industrial zoning district and on private land, which is a permitted use with approval of a Conditional Use Permit. Therefore the above allowance to locate an antenna tower, within appropriately zoned districts and on City property, does not apply for purposes of this application. g. Antenna towers shall maintain a minimum setback to the nearest property line of 75 percent of tower height and a minimum setback from a building in the same lot of 50 percent of tower height. The setback requirements may be reduced if the applicant provides documentation by a registered engineer that any collapse of the tower will occur in a lesser distance under all foreseeable circumstances. The setback requirements shall not be reduced below the collapse area of the tower or the minimum setback requirements of the base zoning district, whichever is greater. The proposed antenna tower is one hundred ten (I 10) feet in height and so the minimum setback to the nearest property line is eighty -two and one half (82 '/) feet. The proposed tower is a distance of eighty -eight feet and eleven inches (88'— 11 ") from the nearest property line to the south. The minimum allowed setback from a building in the same lot is fifty -five (55) feet. The proposed antenna tower located so that it meets the minimum setback distance from the building of fifty five (55) feet. Although the antenna tower does meet the minimum setback requirements, the monopole structure is theoretically designed to collapse upon itself in the unlikely event of a tower failure. h. All antenna towers shall maintain a minimum separation of 1,000 feet from existing towers at the time the conditional use permit is approved. T- Mobile is not aware of any existing towers within a one thousand (1000) foot radius of the proposed tower base at the Victory Packaging property. i. Maximum height of a two antenna array tower shall be 145 feet. A tower providing for three or more antenna arrays may have a maximum height of 165 feet. 7 Mobile's proposed tower will be designed to be structurally support a total of three antenna arrays and the proposed height of one - hundred ten (110) feet does not exceed the maximum height of one hundred sixty -five (165) feet as allowed for antenna towers capable of supporting three or more antenna arrays. j. Antenna towers shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety. Victory Packaging 5040 Winnetka Avenue North New Hope, Minnesota 55428 T- Mobile will comply with all Federal Aviation Administration guidelines and requirements. No artificial illumination or strobe lights are required by the Federal Aviation Administration in the construction of a one hundred ten (I 10) foot tall tower. Therefore no type of lighting is proposed to be attached to the monopole. k. No advertising message shall be affixed to the antenna tower. The owner /operator of the tower shall place a sign, not to exceed two square feet, on the fence surrounding the associated ground equipment. This sign shall identify the owner of the tower and emergency and maintenance contact information. T- Mobile willfully comply with the above restriction of advertising messages placed on the monopole structure or the equipment fence area. No signs, pictures or messages will be attached to the proposed tower or the security fence enclosing T- Mobile's equipment. However, T- Mobile will comply with the owner identification signage and emergency and maintenance notification signage as required above. T- Mobile will also comply with any signage regulations and/or requirements of the manufacturer and Federal, State and local authorities. 1. Antenna towers shall be painted silver or have a galvanized finish to reduce visual impact, unless otherwise required by federal law. T- Mobile is proposing that the monopole will have a galvanized finish to reduce the need for ongoing maintenance of the tower's finish and to reduce the visual impact of the antenna tower. If the City feels that another color or treatment better blends into the surrounding area, T- Mobile will work with the City to look at alternative treatments that will accomplish the desired color and finish. m. Antenna towers shall be of a color and configuration as to minimize adverse visual effects in order that such facilities harmonize with the character and environment of the area in which they are located. T- Mobile is proposing that the monopole have a galvanized finish to reduce the need for ongoing maintenance of the tower's finish and to reduce the visual impact of the antenna tower. The tower is located in an industrially zoned district and the galvanized finish fits the character of the surrounding environment. If the City feels that another color or treatment better blends into the surrounding area, T- Mobile will work with the City to look at alternative treatments that will accomplish the desired color and finish. n. A security fence eight feet in height shall be provided around the base of the antenna tower. A locked anticlimb device shall be installed on all towers extending 12 feet above the ground. T- Mobile is proposing to enclose the base of the antenna tower and ground equipment compound area within an eight (8) foot tall chain link fence and to run three strands of barbed Victory Packaging 5040 Winnetka Avenue North New Hope, Minnesota 55428 wire along the tower of the fence. To prevent climbing on the monopole, T- Mobile will not install climbing pegs below twelve (12) feet. If the City requires additional anti -climb devices for monopoles, T- Mobile will work with the City to ensure that the monopole is not climbable. o. Transmitting, receiving and switching equipment, whether self - contained or located in a free - standing equipment building, shall be located at the base of the antenna tower and shall be screened from view from residential uses and public rights -of -way. T Mobile is proposing to locate its accessory ground equipment cabinets within the 40'X 40' fenced in compound area at the base of the antenna tower. The proposed location of the equipment compound is on the rear side of the Victory Packaging building and will be adequately screened from Winnetka Avenue by the building. The view of the equipment from other directions will be screened by the existing woods and brush located around the compound. p. If a new antenna tower is to be constructed it shall be designed to accommodate at least two antenna arrays including, but not limited to, other personal wireless service companies, local police, fire, and ambulance companies. T- Mobile is proposing to construct a new antenna tower that will be capable of accommodating a total of three arrays of antenna panels similar to the antenna equipment that T- Mobile is proposing to mount on the monopole. Although accommodation may not be limited to personal wireless service antennas or emergency communications systems, before mounting anything to the monopole it will need to pass a structural analysis to show that the monopole is capable of supporting the wind loading of the antennas or systems. q. The conditional use permit provisions of section 4 -33 of this Code must also be satisfied. T- Mobile is making this application for a Conditional Use Permit before constructing the proposed antenna tower and will also comply with the Conditional Use Permit provisions of Section 4 -33 in order to obtain the Conditional Use Permit. (4) Commercial and public radio and television transmitting antennas, and public utility microwave antennas and related antenna towers. Such antennas shall be considered a conditionally permitted use within the I -1 and I -2 districts of the city and shall be subject to the regulations and requirements of section 4 -33 of this Code. Commercial and public radio and television transmitting, public utility microwave antennas and antenna towers shall also comply with the following standards: T- Mobile is licensed by the Federal Communications Commission ( "FCC') to provide personal wireless service throughout the United States. Therefore this section of the Victory Packaging 9 5040 Winnetka Avenue North New Hope, Minnesota 55428 zoning ordinance, regarding public radio and television and utility microwave antennas does not apply for purposes of this application. Victory Packaging 10 5040 Winnetka Avenue North New Hope, Minnesota 55428 Meeting Date: May 5, 2009 Report Date: May 1, 2009 Planning Case: 09 -06 Petitioner: FMHC Corporation, as agent of T- Mobile Central LLC Address: 5040 Winnetka Avenue North Request: Conditional use permit for personal wireless service antenna tower I. Request The petitioner is requesting a conditional use permit to allow a personal wireless service antenna tower in the industrial zoning district at 5040 Winnetka Avenue North. II. Zoning Code References Section(s) 4 -3(1) General Provisions — personal wireless service antenna towers 4- 20(e)(8) Industrial CUP — personal wireless service antenna towers 4 -33 Administration — conditional use permit III. Property Specifications Zoning: I, industrial Location: East side of Winnetka Avenue between 49th Avenue and CP Rail Road tracks Adjacent Land Uses: Industrial to the northwest, north, east and south, and R -1, R -2 and R -O to the west and southwest. Site Area: Approximately 140,400 square feet or 3.22 acres Planning District: The site is located within Planning District 5. The Comprehensive Plan calls for redevelopment and maintenance of the city's industrial areas. While not a redevelopment project or true expansion project, the proposed tower will include site maintenance including new bituminous, clearing of brush and removal of graffiti. The project is generally in compliance with the Comprehensive Plan. Specific Information: The site houses office and storage facilities for Victory Packaging. The T- Mobile tower is proposed for a 40' by 40' area to the east of the building in the rear of the property. The area is well hidden from the street and a majority of adjoining properties as berms around the railroad tracks and vegetation provide screening. The leased area will be secured by barbed -wire fencing and accessed via an access easement and utility easement. The existing gravel drive will be replaced with bituminous as part of the project. Planning Case Report 09 -06 Page 1 5/5/09 IV. Background T- Mobile is aggressively pursuing tower sites as demand on cell phone providers has increased as more consumers decide to maintain cell phone -only households. This results in a greater need for coverage inside buildings. Advanced technologies have also put increased demand on cell phone companies for greater coverage. T- Mobile is looking to fill existing coverage gaps by constructing new towers and co- locations on existing towers. There currently is a coverage gap between the tower at Victory Park and the tower in Crystal that would be filled by the proposed tower. The city and T- Mobile previously discussed a tower site at the New Hope Ice Arena, but those talks unexpectedly fell through and the new location was later proposed. T- Mobile and their agent have expressed that there is no interest in locating at the ice arena. An agreement between T- Mobile and Victory Packaging will be secured. T- Mobile has a collocation at the cell tower at 29th and Hillsboro avenues in New Hope. The building official and Public Works department have both stated that there have been continuous issues in dealing with T- Mobile at that site. The company has failed to secure a needed utility easement with the property owner despite repeated requests from city staff. In addition, T- Mobile did not secure the site, which under Federal Homeland Security requirements for water tower sites, is required. T- Mobile has also not responded to requests to fix this issue. As such, city staff is hesitant in granting an additional CUP for a cell tower, and is recommending a site improvement agreement be secured as part of the project's approval. V. Petitioner's Comments In 2006, the usage of cell phones met and then exceeded landline phone usage and is now the primary way Americans communicate by phone. To keep pace with the dramatic increase in consumer demand on wireless networks in more residential areas, T- Mobile USA, Inc. is making a committed effort to remedy and fill in areas experiencing spotty coverage, poor call clarity and dropped calls. The expanding wireless infrastructure is vital in providing quick assistance when emergency situations arise. To fully support the E911 system capabilities and to enhance public safety in the residential neighborhoods and area near the Victory Packaging property, T- Mobile's engineers have selected it as the best location option within T- Mobile's desired coverage radius. V1. Notification Property owners within 350 feet of the property were notified and staff has received no comments. VI1. Development Analysis A. Zoning Code Criteria Sec. 4 -30). General Provisions — personal wireless service antenna towers (1) Purpose and intent. The purpose of this section is to establish predictable, balanced regulations for the siting and screening of wireless communication equipment in order to accommodate the growth of wireless communication systems within the city while protecting the public against any adverse impacts on the city's aesthetic resources and the public welfare. Planning Case Report 09 -06 Page 2 5/5/09 (3) Personal wireless service antenna towers. Personal wireless service antennas erected on an antenna tower may be allowed as a conditionally permitted use within industrial zoning districts, provided they comply with the following standards: a. Unless the antenna tower and land is under the same ownership, written authorization for antenna and antenna tower erection shall be provided by the property owner as well as the applicant. b. All obsolete and unused antenna towers shall be removed within 12 months of cessation of operation at the site, unless an exemption is granted by the city manager or designate. The removal shall be the joint and several responsibility of the antenna tower owner and land owner. c. All antenna towers shall be in compliance with the Minnesota State Building Code and all other applicable federal and state regulations and permits. d. Structural design and construction plans of the antenna towers shall be in compliance with manufacturer's specifications and shall be verified and approved by a registered professional engineer. e. When applicable, proposals to erect new antenna towers shall be accompanied by any required federal state, or local agency licenses. f. The city may authorize the use of city property for an antenna tower in appropriately zoned districts in accordance with the procedures of the City Code. The city shall have no obligation whatsoever to use city property for such purposes. g. Antenna towers shall maintain a minimum setback to the nearest property line of 75 percent of tower height and a minimum setback from a building in the same lot of 50 percent of tower height. The setback requirements may be reduced if the applicant provides documentation by a registered engineer that any collapse of the tower will occur in a lesser distance under all foreseeable circumstances. The setback requirements shall not be reduced below the collapse area of the tower or the minimum setback requirements of the base zoning district, whichever is greater. h. All antenna towers shall maintain a minimum separation of 1,000 feet from existing towers at the time the conditional use permit is approved. i. Maximum height of a two antenna array tower shall be 145 feet. A tower providing for three or more antenna arrays may have a maximum height of 165 feet. j. Antenna towers shall not be artificially illuminated unless required by law or by the Federal Aviation Administration (FAA) to protect the public's health and safety. k. No advertising message shall be affixed to the antenna tower. The owner /operator of the tower shall place a sign, not to exceed two square feet, on the fence surrounding the associated ground equipment. This sign shall identify the owner of the tower and emergency and maintenance contact information. 1. Antenna towers shall be painted silver or have a galvanized finish to reduce visual impact, unless otherwise required by federal law. Planning Case Report 09 -06 Page 3 5/5/09 m. Antenna towers shall be of a color and configuration as to minimize adverse visual effects in order that such facilities harmonize with the character and environment of the area in which they are located. n. A security fence eight feet in height shall be provided around the base of the antenna tower. A locked anticlimb device shall be installed on all towers extending 12 feet above the ground. o. Transmitting, receiving and switching equipment, whether self - contained or located in a free - standing equipment building, shall be located at the base of the antenna tower and shall be screened from view from residential uses and public rights -of -way. p. If a new antenna tower is to be constructed it shall be designed to accommodate at least two antenna arrays including, but not limited to, other personal wireless service companies, local police, fire, and ambulance companies. q. The conditional use permit provisions of section 4 -33 of this Code must also be satisfied. Sec. 4- 20(e)(8). Industrial CUP - personal wireless service antenna towers (e) Conditional uses, I. The following are conditional uses in an I district: Requires a conditional use permit based upon procedures set forth in and regulated by sections 4 -30(c) and 4 -33 and performance standards set forth in section 4 -3 of this Code. (8) Personal wireless service antenna towers. Personal wireless service antenna towers m conformance with subsection 4 -3(1) of this Code. Sec. 4 -33. Administration - Conditional Use Permit. (a) Purpose. The purpose of a conditional use permit is to provide the city with a reasonable and legally permissible degree of discretion in determining the suitability of certain designated uses upon the general welfare, public health and safety. In making a determination to allow a conditional use permit application, the city may consider the nature of the adjoining land or buildings, similar uses already in existence and located on the same premises or on other lands close by, the effect upon traffic into and from the premises, or on any adjoining roads, and any other factors bearing on the general welfare, public health and safety from the approval of the conditional use permit. (b) Procedure. An application for a conditional use permit requires a public hearing and shall be processed pursuant to the provisions outlined in subsection 4 -30(c) of this Code. (c) Criteria for decision. The planning commission and city council shall consider possible adverse effects of the proposed conditional use. In determining whether to approve or deny a conditional use permit, the city council and planning commission shall find that the conditional use permit complies with the following criteria. The burden of proof demonstrating compliance with the following criteria shall be the responsibility of the applicant. (1) Comprehensive plan. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official comprehensive municipal plan of the city. Planning Case Report 09 -06 Page 4 5/5/09 (2) Compatibility. The proposed use is compatible with adjacent present and future anticipated land uses. (3) Performance standards. The proposed use conforms with all applicable performance standards contained in this Code. (4) No depreciation in value. The proposed use will not tend to or actually depreciate the area in which it is proposed. (5) Zoning district criteria. In addition to the above general criteria, the proposed use meets the criteria specified for the various zoning districts. (8) In industrial districts (I): a. Nuisance. Nuisance characteristics generated by the use will not have an adverse effect upon existing and future development in adjacent areas. b. Economic return. The use will provide an economic return to the community and be commensurate with other industrial uses for which the property could feasibly be used. In considering the economic return to the community, the planning commission and city council may give weight to the sociological impact of a proposed use, both positive and negative. B. Development Review Team The Development Review Team met on April 15 to review the proposal and was generally supportive of the project but had the following comments: a. Tower must comply with 1,000 -foot rule b. Provide elevation /photo of equipment regarding color, cabinet, security, fencing c. Will there be an emergency generator d. City code requires industrial district to have parking /maneuvering /drive areas surfaced with bituminous (gravel area may have been bituminous at one time) e. No curbing on site f. Drainage swale runs through site — provide information on how the site will be drained g. Provide detail on finish grading h. Provide information on tree removal /site restoration /ground cover i. Clean up old timbers /debris on site j. Building tagged with graffiti on east wall — must be removed C. Design and Review Committee The Design and Review Committee met on April 16 to review the proposal and meet with the applicant. The Committee recommended approval with a site improvement agreement and financial guarantee required as a result of past working experiences with T- Mobile. Planning Case Report 09 -06 Page 5 5/5/09 D. Plan Description 1. Zoning Section The proposed use is permitted as a conditional use permit in the industrial zoning district. The proposal meets all of the requirements for a CUP. Please refer to memos from the applicant and city planner for further detail on compliance with code requirements. 2. Setbacks (Building Placement) The project meets all required setbacks, including setback required for cell towers. The tower, proposed as 110 feet, has the following required and proposed setbacks: 3. Circulation, Access, Traffic and Emergency Vehicle Access A 20 -foot wide access easement will be secured by T- Mobile from the property owner that will run from the existing curb cut on Winnetka Avenue to the rear of the building along the south property line. A turnaround area will be provided for T- Mobile trucks near the leased area. Traffic to the tower site will be minimal - only a handful of times per month at the most. The site has adequate access. 4. Curbing, Sidewalk and Pavement The applicant has stated that as part of the lease agreement with the property owner, the property owner has agreed to re -pave the existing gravel drive to the south of the building. The area had previously been paved asphalt but had deteriorated to gravel through the years. The new bituminous will extend further east than the existing gravel as to provide a turnaround surface for trucks servicing the leased tower area. No curbing or sidewalk improvements are proposed. 5. Parking No parking is required for this improvement. T- Mobile service trucks will have adequate space to temporarily park vehicles in the existing drive area. 6. Building a. Elevation The cell phone tower will be a 110' monopole with galvanized finish. The T- Mobile antennas will be located at 107' with potential co- locations at 95' and 83'. b. Site Plan The tower and equipment will be contained within the 40' by 40' leased space. An eight -foot chain link fence with barbed wire will surround the site. The tower Planning Case Report 09 -06 Page 6 5/5/09 Required Setback Proposed Setback Setback from Lot Lines - 826" 88'9" 75% of height Setback from Buildings on 55' 55' Same Lot - 50% of height 3. Circulation, Access, Traffic and Emergency Vehicle Access A 20 -foot wide access easement will be secured by T- Mobile from the property owner that will run from the existing curb cut on Winnetka Avenue to the rear of the building along the south property line. A turnaround area will be provided for T- Mobile trucks near the leased area. Traffic to the tower site will be minimal - only a handful of times per month at the most. The site has adequate access. 4. Curbing, Sidewalk and Pavement The applicant has stated that as part of the lease agreement with the property owner, the property owner has agreed to re -pave the existing gravel drive to the south of the building. The area had previously been paved asphalt but had deteriorated to gravel through the years. The new bituminous will extend further east than the existing gravel as to provide a turnaround surface for trucks servicing the leased tower area. No curbing or sidewalk improvements are proposed. 5. Parking No parking is required for this improvement. T- Mobile service trucks will have adequate space to temporarily park vehicles in the existing drive area. 6. Building a. Elevation The cell phone tower will be a 110' monopole with galvanized finish. The T- Mobile antennas will be located at 107' with potential co- locations at 95' and 83'. b. Site Plan The tower and equipment will be contained within the 40' by 40' leased space. An eight -foot chain link fence with barbed wire will surround the site. The tower Planning Case Report 09 -06 Page 6 5/5/09 equipment and emergency battery will be stored in a cabinet. The leased space has ample room for two potential co- location cabinets. The area will be accessed by a locked gate. 7. Landscaping and Screening The existing vegetation will be cleared and removed. No additional plantings are proposed or recommended. The area is well screened from adjoining properties. The base of the tower site is not visible from the street or nearby residential properties. S. Lighting Plan No tower lighting is proposed nor required by Federal Aviation Administration requirements. 9. Sound Plan No issues related to sound are expected. The tower will have a battery powered- backup energy supply in emergency situations. No generator is proposed. The applicant stated that in extreme emergency situations a backup generator may be required if the battery was to run out. If such a situation was to arise, the applicant has stated they would provide generators within the requirements of city code. 10. Signage The only signage proposed is identification and emergency and maintenance notification signage as required by city code. 11. Utility Plan A ten -foot wide utility easement will be secured by the applicant for electrical improvements. The easement will run along the south property line flanking the access easement. 12. Grading, Drainage and Erosion Control Some grading and drainage work will be necessary for the proposed improvements. The city engineer has reviewed the proposal and does not recognize any issues. The site drains to a wetland area to the east. Appropriate erosion control measures need to be taken prior to disturbance of the site. E. Design Guideline Compliance The New Hope Design Guidelines Compliance Checklist summarizes development guidelines and standards including appropriate and aesthetically pleasing architecture and site design. Those items in the Design Guidelines have been reviewed and the proposal has been considered in compliance with the Design Guidelines. F. Staff Considerations Comments from the community development staff, city planner, building official, city attorney, city engineer, police department, and West Metro Fire are incorporated into the report. Planning Case Report 09 -06 Page 7 5/5/09 VIII. Summary FMHC, on behalf of T- Mobile, has made an application for a conditional use permit in the industrial zoning district to allow for a cell phone tower at 5040 Winnetka Avenue N. The applicant has submitted a narrative and information showing the proposal is in compliance with the requirements of the conditional use permit for this use. A 110' monopole tower will be constructed on the east end of the property. The base of the tower and tower equipment will be screened from adjoining streets and residential areas. The tower will have the potential to include two co- locations along with T- Mobile antennas. Due to past work relations with T- Mobile at other city cell tower sites, it is recommended that a site improvement agreement and financial guarantee be required. IX. Recommendation City staff and the Design and Review Committee generally approve of the proposal and recommend approval with the following conditions: 1. Enter into site improvement agreement and provide financial guarantee. 2. Gravel drive on south end of the property shall be replaced with bituminous surface. 3. Properly clear out timbers, plant overgrowth and debris from site. 4. Erosion control measures shall be approved by the city before any clearing activities commence. Attachments: • Application • Applicant narrative • Property owner /occupant support letter • PCS Broadband License • Maps /aerial photographs • Plans • Planning Memorandum (April 14, 2009) • Engineering Memorandum (April 13, 2009) • Application log Planning Case Report 09 -06 Page 8 5/5/09 8201 5201 5447 8320 8316 4 �. 5033 8324 �� 8312 5025 8308 5017 830 5009 4989 5001 4965 57 5121 N w e vr — a OOOOOO tp of eo«�eoaoa000 aio�i�oNioNia� t�n� pmg y 4992 4973 8119 4965 4857 4856 7901 4998 49D0 o X N 4901 SOTH AVE N y 4992 4973 8119 4965 4857 4856 7901 �= 4986 4965 O c� z ao 0 4965 > 4956 4957 z f� r 4960 4957 d 4972 4957 4972 4941 4949 4948 4949 < �� 4949 4824 4825 z 4824 4825 4940 4941 4816 4817 164 4933 co ^ 4933 495 4948 4941 4808 4809 z 4800 4932 4933 4925 AVE N Z 4924 4925 hR c � 4940 R X25 4916 4917 �3 4916 4932 :427 1406 i 5425 5426 1 54.3 ST RAPHAEL DR. 5417 5420 5425 5420 5419 5448 5361 5413 5414 5413 535 _ 5416 5413 5414 5355 5409 5406 5409 5408 5409 5410 59 ELM G VE A 54111 5400 5401 5400 5401 "10 � 5' 5325 5330 5337 z 5348 5329 5336 5337 z 5331 L-- — Q o° 5319 5324 5331 '� 5342 5325 53 5330 5331 Q 5330 ^ ; 5318 5325 5336 5321 m 5325 cc � 5324 g 5324 5307 5312 5319 0 5330 5317 W 5318 5319 5348 7825 7800 5306 5313 5324 5313 5312 5313 = 5312 to 5218 Ltc` o° 5307 5318 5309 5306 5307 w 5306 5212 �' ~' `" 5312 5305 & 7801 h 5300 5301 300 5206 ��_ 5221 k 5301 4z' 5306 53? 5200 `- 5201 7606 600 5242 5249 °' 5236 5230 5243 ~ ? ^ ^ 5261 0° < 5224 5237 5' 1 ^ r'c� ^ ^ 5251 5230 5237 5218 5231 5224 It! 5218 5212 5225 'C ^ 5206 5219 20 5213 5212 5: 5130 � �` ^ °�°' ^� 520Q 5207 760 7535 7531 5201 52T052 5000 0 4917 8 4 X 490 90 9 �0 4908 4924 4909 7820 68200 0 w � o 40 cc 4 49D0 o X N 4901 4856 4857 4856 7901 4848 4849 4848 4849 4840 4841 4840 4841 4832 4833 4832 4833 4824 4825 z 4824 4825 4816 4817 4 4816 4817 co ^ 4808 4809 4808 4809 z 4800 4801 4800 4801 4 TH AVE N Z n 4948 7720 7700 7620 7b40 49TH AVE N 48TH CIR N 7400 G' I I � I 't"o. EW 22 . Lam- W�' s ASSOCIATE NORTHWEST CONSULTA 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.com •'� i TO: Curtis Jacobsen FROM: Alan Brixius DATE: April 14 RE: New Hope — T Mobile Tower at 5040 Winnetka Avenue FILE NO: 131.01 — 09.04 FMHC Corporation (the applicant) and New Hope Partner (property owner) are requesting a conditional use permit to place a personal wireless service tower at 5040 Winnetka Avenue. The site, 5040 Winnetka Avenue, is zoned I, Industrial District. This zoning district allows personal wireless towers as a conditional use permit. CONDITIONAL USE PERMIT a. Property Owner's Permission. The property owner has signed the application form and provided a letter authorizing T Mobile to pursue the conditional use permit on their property at 5040 Winnetka Avenue. b. Removal of Obsolete Towers. This is a new tower. The applicant recognizes its responsibility for removal of the tower if it becomes unused. C. Compliance with Building Code. The City Building Official will respond to this issue. d. Compliance with Manufacturer Specifications. The tower construction drawings shall be certified by a structural engineer prior to submission for a building permit. The City Building Inspector shall review both the plans and installation. e. Federal, State, and Local Licenses. T Mobile is licensed by the Federal Communications Commission (FCC). A copy of their license has been provided. f. City Property. The proposed site is not City -owned property. g. Setbacks. The proposed tower height is 110 feet. The following setbacks are required for a tower of this height: Required Proposed Setback Setback Setback from Lot Lines (75% of height) 82.5 feet 88.9 feet Setback from Buildings on Same Lot (50% of height) 55.0 feet 55.0 feet h. Tower Separation. The applicant is unaware of any other towers within 1,000 feet of the proposed site. The applicant is responsible for locating area towers and demonstrating compliance. L Tower Height. The proposed tower height of 110 feet meets City standards. j. Tower Illumination. No tower lighting is proposed. k. Tower Signage Restriction. No advertising signage is proposed. Signage identifying tower and equipment ownership and contact information must be posted. I & m. Color and Appearance. The tower shall have a galvanized finish to reduce the visual impact of the tower. The applicant should provide a color example or photograph of a similar tower for Planning Commission review. The equipment at the base of the tower shall be located in a 40 foot by 40 foot fenced area in the back of the industrial site. The existing building and existing landscape screens the storage area from Winnetka Avenue. n. Security Fencing. The applicant is proposing to enclose the tower and ground mounted equipment in a 40 foot by 40 foot fenced area. An eight foot chain link fence with barbed wire at the top is proposed. This type of fencing is permitted in the industrial zoning district, provided the barbed wire does not extend over property lines. o. Equipment. The applicant is proposing ground mounted equipment at the base of the tower. More information should be provided regarding the cabinets pertaining to color, appearance, and cabinet security. The applicant states that the existing building and natural landscape will screen the tower base and the ground equipment from adjoining properties. P. Co- Location. The tower design will have the capacity to accommodate three antenna arrays. K l R The site plan illustrates a 20 foot wide access easement extending from Winnetka Avenue along the south lot line to the tower location. Another 40 foot by 40 foot access easement is being proposed south of the fence enclosure for vehicle maneuvering. The drive lane south of the building and tower location are illustrated as gravel surface and class five turnaround area. Section 4- 3(e).4.h.11 requires all parking areas, driveways, and driveway aprons in an industrial district to be constructed and surfaced with concrete, asphalt, or other hard surface in compliance with City construction standards. The driveway and vehicle turnaround areas should be paved. Concrete curbing around these areas may not be required. SITE PREPARATION AND RESTORATION The site plan illustrates that both the tower area and the vehicle turnaround area extend into a wooded area of the site. A grading plan should be provided that illustrates: 1. The area to be clear cut, grubbed and de- stumped to illustrate construction limits. 2. Finished grades and drainage patterns for the tower site and turnaround area. 3. Narrative of the tree removal process to insure the tree debris is not left on site. 4. Description of site restoration for areas that will be disturbed during construction. CONCLUSION The tower application fits the zoning and site conditions. The driveway along the south side of the building is gravel with some damaged bituminous on the west side of the building. The proposed application provides an opportunity to correct this non- conforming condition. Additionally, we raise issue as to how the rear yard of the site will appear after construction with tree removal, grubbing, and grading. There should be a final restoration plan. 2335 Highway 36 W St, Paul, MN 55113 TO NX ! TO: Curtis Jacobsen FROM: Jason Quisberg CC: Eric Weiss, Roger Axel, Guy Johnson, Paul Coone DATE: April 13, 2009 SUBJECT: T- Mobile Monopole — 5040 Winnetka Avenue (PC 09 -06) Our File No. 34 -Gen NW8.09.01 Tel 651- 636 -4600 Fax 651- 636 -1311 www.bonestroo.com S= We have received plans for the proposed T- Mobile monopole (antennae) to be constructed on the Victory Packaging property located at 5040 Winnetka Avenue North. The following comments should be considered in the review of this application. 1. The project area appears to drain east to the low, wetland area. It does not appear there would be any drainage concerns caused by the proposed improvements. 2. The appropriate erosion control measures need to be in place before any disturbance to the existing vegetation takes place. The extent of the disturbance to is unclear. Erosion control measures should be approved by the City before any clearing activities commence. End of Comments Please contact me at 651- 604 -4938 with any questions or concerns. �; � ' �' S. !. 3 .,� l � _ �' w To: Kelly Swenseth, FMHC CC: Alan Roberts, RF Engineering Manager, T- Mobile USA From: Joshua Mathews, Senior RF Engineer, T- Mobile USA Date: 3/20/2009 Re: Victory Packaging Monopole, New Hope MN (A100759E) I am the Senior Engineer responsible for the design and location of this proposed site. I have been doing wireless network design for 12 years, and have planned and built hundreds of sites. It is my intention to describe the goals and objectives of this particular location and to examine the other possible locations we've considered in this area. With the growth in telecommunication, the need for coverage has grown too. Most of our customers are demanding better in -house and in- building coverage. Our drive test data, coverage analysis, and customer complaints, and personal experience have revealed the need for coverage improvement along Winnetka Avenue North. Our primary objective with this site is to provide improved inbuilding coverage in the commercial and residential areas along Winnetka Avenue North between Highway 10 and approximately 46` Avenue. The most important design criteria for this site, is the proximity to the target area. Due to the substantial losses our signal incurs penetrating buildings, this new site must be within or as close to the target area as possible. The candidate that I've selected to pursue is a new monopole located at Victory Packaging at 5040 Winnetka Avenue North. This is located within our target area, and will fulfill all our original design criteria. There are no existing antenna structures that would be suitable for our use. The frequencies used by our equipment will be restricted to the bands as follows: Transmit: PCS B block (1950 to 1964), PCS C4 Block (1980 to 1985), AWS R3 -E (2140 to 2145) Receive : PCS B block (1870 to 1885), PCS C4 Block (1900 to 1905), AWS R3 -E (1740 to 1745) These bands apportioned to T- Mobile by the FCC are well isolated from other bands used by public safety communication systems. There have been no incidences of interference with public safety systems on our existing sites, or any interference with consumer radio, television, or similar services. ULN License - FUN Broadbaml License - K1VL1'LL4 - I - iviooi>e License LL\. ULS License Call Sign Status Market Market Submarket KNLF224 Active Radio Service CW - PCS Broadband Ruth Type Regular MTA012 - Minneapolis -St Paul Channel Block B 29 Associated 001870.00000000 - Frequencies 001885.00000000 (MHz) 001950.00000000 - 001965.00000000 Dates Grant 07/18/2005 Effective 01/05/2008 Buildout Deadlines 1st 06/23/2000 Notification Dates 1st 07/07/2000 Licensee FRN 0001565449 Licensee T- Mobile License LLC 12920 SE 38th St. Bellevue, WA 98006 ATTN Dan Menser Contact T- Mobile License LLC 12920 SE 38th St. Bellevue, WA 98006 ATTN Dan Menser Expiration 06/23/2015 Cancellation 2nd 06/23/2005 2nd 05/23/2005 Type Limited Liability Company P:(425)378 -4000 E:dan.menser @t- mobile.com P:(425)378 -4000 E:dan.menser @t- mobile.com Ownership and Qualifications Radio Service Type Mobile Regulatory Status Common Carrier Interconnected Yes Alien Ownership Is the applicant a foreign government or the representative of No any foreign government? Is the applicant an alien or the representative of an alien? No Is the applicant a corporation organized under the laws of any No foreign government? Is the applicant a corporation of which more than one -fifth of No 1 Rr,V t v1 - http:// wireless2. fcc. gov/ UlsApp /UlsSearch /license.isp ?licKey = 8901 &printable 8/21/2008 ULS License - PCS Broadband License - KNLF224 - T- Mobile License LLC; rage z of the capital stock is owned of record or voted by aliens or their representatives or by a foreign government or representative thereof or by any corporation organized under the laws of a foreign country? Is the applicant directly or indirectly controlled by any other Yes corporation of which more than one -fourth of the capital stock is owned of record or voted by aliens, their representatives, or by a foreign government or representative thereof, or by any corporation organized under the laws of a foreign country? If the answer to the above question is 'Yes', has the applicant received a ruling(s) under Section 310(b)(4) of the Communications Act with respect to the same radio service involved in this application? Basic Qualifications The Applicant answered "No" to each of the Basic Qualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. Demographics Race Ethnicity Gender http: / /wireless2. fec.gov /UlsApp/ JIsSearch /license. j sp ?licKey =8901 &printable 8/21/2008 FEDERAL COMMUNICATIONS COMMISSION: OFFICE OF ENGINEERING AND TECHNOLOGY Excerpts from "Radio Frequency Safety Frequently Asked Questions" ARE CELLULAR AND RCS TOWERS AND ANTENNAS SAFE? Cellular radio services transmit using frequencies between 800 and 900 megahertz (MHz). Transmitters in the Personal Communications Service (PCS) use frequencies in the range of 1850 -1990 MHz. Antennas used for cellular and PCS transmissions are typically located on towers, water tanks or other elevated structures including rooftops and the sides of buildings. The combination of antennas and associated electronic equipment is referred to as a cellular or PCS "base station" or "cell site." Typical heights for free - standing base station towers or structures are 50 -200 feet. A cellular base station may utilize several "ornni- directional" antennas that look like poles, 10 to 15 feet in length, although these types of antennas are becoming less common in urban areas. In urban and suburban areas, cellular and PCS service providers now more commonly use "sector" antennas for their base stations. These antennas are rectangular panels, e.g., about 1 by 4 feet in dimension, typically mounted on a rooftop or other structure, but they are also mounted on towers or poles. The antennas are usually arranged in three groups of three each. One antenna in each group is used to transmit signals to mobile units (car phones or hand -held phones), and the other two antennas in each group are used to receive signals from mobile units. At a given cell or PCS site, the total RF power that could be transmitted from each transmitting antenna at a cell site depends on the number of radio channels (transmitters) that have been authorized and the power of each transmitter. Typically, for a cellular base station, a maximum of 21 channels per sector (depending on the system) could be used. Thus, for a typical cell site utilizing sector antennas, each of the three transmitting antennas could be connected to up to 21 transmitters for a total of 63 transmitters per site. When Omni- directional antennas are used, up to 96 transmitters could be implemented at a cell site, but this would be very unusual. Furthermore, while a typical base station could have as many as 63 transmitters, not all of the transmitters would be expected to operate simultaneously thus reducing overall emission levels. For the case of PCS base stations, fewer transmitters are normally required due to the relatively greater number of base stations. The signals from a cellular or PCS base station antenna are essentially directed toward the horizon in a relatively narrow pattern in the vertical plane. The radiation pattern for an omni - directional antenna might be compared to a thin doughnut or pancake centered around the antenna while the pattern for a sector antenna is fan - shaped, like a wedge cut from a pie. As with all forms of electromagnetic energy, the power density from a cellular or PCS transmitter decreases rapidly as one moves away from the antenna. A, • . - • D #00007.08C Consequently, normal ground -level exposure is much less than exposures that might be encountered if one were very close to -the antenna and in its main transmitted beam, Measurements made near typical cellular and PCS installations, especially those with tower- mounted antennas, have shown that ground -level power densities are thousands of times less than the FCC's limits for safe exposure. In fact, in order to be exposed to levels at or near the FCC limits for cellular or PCS frequencies an individual would essentially have to remain in the main transmitting beam (at the height of the antenna) and within a few feet from the antenna. This makes it extremely unlikely that a member of the general public could be exposed to RF levels in excess of these guidelines due to cellular or PCS base station transmitters. When cellular and PCS antennas are mounted at rooftop locations it is possible that ambient RF levels could be greater than those typically encountered on the ground. However, once again, exposures approaching or exceeding the safety guidelines are only likely to be encountered very close to or directly in front of the antennas. For sector -type antennas RF levels to the side and in back of these antennas are insignificant. ARE CELLULAR AND OTHER RADIO TOWERS LOCATED NEAR HOMES OR SCHOOLS SAFE FOR RESIDENTS AND STUDENTS? As discussed above, radiofrequency emissions from antennas used for wireless transmissions such as cellular and PCS signals result in exposure levels on the ground that are typically thousands of times less than safety limits. These safety limits were adopted by the FCC based on the recommendations of expert organizations and endorsed by agencies of the Federal Government responsible for health and safety. Therefore, there is no reason to believe that such towers could constitute a potential health hazard to nearby residents or students. Other antennas, such as those used for radio and television broadcast transmissions, use power levels that are generally higher than those used for cellular and PCS antennas, Therefore, in some cases there could be a potential for higher levels of exposure on the ground. However, all broadcast stations are required to demonstrate compliance with FCC safety guidelines, and ambient exposures to nearby persons from such stations are typically well below FCC safety limits. CAN LOCAL AND STATE GOVERNMENTAL. BODIES ESTABLISH LIMITS FOR RF EXPOSURE? In the United States some local and state jurisdictions have also enacted rules and regulations pertaining to human exposure to RF energy. However, the Telecommunications Act of 9996 contained provisions relating to federal jurisdiction to regulate human 'exposure to RF emissions from certain transmitting devices. In particular, Section 704 of the Act states that, "No State or local government or instrumentality thereof may regulate the placement, construction, and modification of ,-A31 T-MOBILE MINNETONKA BLVD #00007.08C personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." Further information on FCC policy with respect to facilities siting is available in a factsheet from the FCC's Wireless Telecommunications Bureau (see www.fcc.gov /wtb T-MOBILE 12201 MINNETONKA BLVD 0000 WHO I Electromagnetic fields and public health Page 1 of 3 Fact sheet 'N" 304 May 2006 Electromagnetic fields and public health Base stations and wireless technologies Mobile telephony is now commonplace around the world. This wireless technology relies upon an extensive network of fixed antennas, or base stations, relaying information with radiofrequency (RF) signals. Over 1.4 million base stations exist worldwide and the number is increasing significantly with the introduction of third generation technology. Other wireless networks that allow high -speed internet access and services, such as wireless local area networks (WLANs), are also increasingly common in homes, offices, and many public areas (airports, schools, residential and urban areas). As the number of base stations and local wireless networks increases, so does the RF exposure of the population. Recent surveys have shown that the RF exposures from base stations range from 0.002% to 2% of the levels of international exposure guidelines, depending on a variety of factors such as the proximity to the antenna and the surrounding environment. This is lower or comparable to RF exposures from radio or television broadcast transmitters. There has been concern about possible health consequences from exposure to the RF fields produced by wireless technologies. This fact sheet reviews the scientific evidence on the health effects from continuous low -level human exposure to base stations and other local wireless networks. Health concerns A common concern about base station and local wireless network antennas relates to the possible long -term health effects that whole - body exposure to the RF signals may have. To date, the only health effect from RF fields identified in scientific reviews has been related to an increase in body temperature (> 1 °C) from exposure at very high field intensity found only in certain industrial facilities, such as RF heaters. The levels of RF exposure from base stations and wireless networks are so low that the temperature increases are insignificant and do not affect human health. The strength of RF fields is greatest at its source, and diminishes quickly with distance. Access near base station antennas is restricted where RF signals may exceed international exposure limits. Recent surveys have indicated that RF exposures from base stations and wireless technologies in publicly accessible areas (including schools and hospitals) are normally thousands of times below international standards. In fact, due to their lower frequency, at similar RF exposure levels, the body absorbs up to five times more of the signal from FM radio and television than from base stations. This is because the frequencies used in FM radio (around 100 MHz) and in TV broadcasting (around 300 to 400 MHz) are lower than those employed in mobile telephony (900 MHz and 1800 MHz) and because a person's height makes the body an efficient receiving antenna. Further, radio and television broadcast stations have been in operation for the past 50 or more years without any adverse health consequence being established. While most radio technologies have used analog signals, modern wireless telecommunications are using digital transmissions. Detailed reviews conducted so far have not revealed any hazard specific to different RF modulations. Cancer; Media or anecdotal reports of cancer clusters around mobile phone base stations have heightened public concern. It should be noted that geographically, cancers are unevenly distributed among any population. Given the widespread presence of base stations in the environment, it is expected that possible cancer clusters will occur near base stations merely by chance. Moreover, the reported cancers in these clusters are often a collection of different types of cancer with no common characteristics and hence unlikely to have a common cause. Scientific evidence on the distribution of cancer in the population can be obtained through carefully planned and executed epidemiological studies. Over the past 15 years, studies examining a potential relationship between RF transmitters and cancer have been published. These studies have not provided evidence that RF exposure from the transmitters increases the risk of cancer. Likewise, long -term animal studies have not established an increased risk of cancer from exposure to RF fields, even at levels that are much higher than produced by base stations and wireless networks. Other effects: Few studies have investigated general health effects in individuals exposed to RF fields from base stations. This is http: / /www. who. int /mediacentre /factsheets /fs304 /en/print.html 5/12/2009 WHO I Electromagnetic fields and public health rage /_ oz .5 because of the difficulty in distinguishing possible health effects from the very low signals emitted by base stations from other higher strength RF signals in the environment. Most studies have focused on the RF exposures of mobile phone users. Human and animal studies examining brain wave patterns, cognition and behaviour after exposure to RF fields, such as those generated by mobile phones, have not identified adverse effects. RF exposures used in these studies were about 1000 times higher than those associated with general public exposure from base stations or wireless networks. No consistent evidence of altered sleep or cardiovascular function has been reported. Some individuals have reported that they experience non - specific symptoms upon exposure to RF fields emitted from base stations and other EMF devices. As recognized in arecent WHO fact sheet "Electromagnetic Hypersensitivity ", EMF has not been shown to cause such symptoms. Nonetheless, it is important to recognize the plight of people suffering from these symptoms. From all evidence accumulated so far, no adverse short- or long -term health effects have been shown to occur from the RF signals produced by base stations. Since wireless networks produce generally lower RF signals than base stations, no adverse health effects are expected from exposure to them. Protection standards International exposure guidelines have been developed to provide protection against established effects from RF fields by the International Commission on Non - Ionizing Radiation Protection (ICNIRP, 1998) and the Institute of Electrical and Electronic Engineers (IEEE, 2005). National authorities should adopt international standards to protect their citizens against adverse levels of RF fields. They should restrict access to areas where exposure limits may be exceeded. Public perception of risk Some people perceive risks from RF exposure as likely and even possibly severe. Several reasons for public fear include media announcements of new and unconfirmed scientific studies, leading to a feeling of uncertainty and a perception that there may be unknown or undiscovered hazards. Other factors are aesthetic concerns and a feeling of a lack of control or input to the process of determining the location of new base stations. Experience shows that education programmes as well as effective communications and involvement of the public and other stakeholders at appropriate stages of the decision process before installing RF sources can enhance public confidence and acceptability. Conclusions Considering the very low exposure levels and research results collected to date, there is no convincing scientific evidence that the weak RF signals from base stations and wireless networks cause adverse health effects. WHO Initiatives WHO, through the International EMF Project, has established a programme to monitor the EMF scientific literature, to evaluate the health effects from exposure to EMF in the range from 0 to 300 GHz, to provide advice about possible EMF hazards and to identify suitable mitigation measures. Following extensive international reviews, the International EMF Project has promoted research to fill gaps in knowledge. In response national governments and research institutes have funded over $250 million on EMF research over the past 10 years. While no health effects are expected from exposure to RF fields from base stations and wireless networks, research is still being promoted by WHO to determine whether there are any health consequences from the higher RF exposures from mobile phones. The International Agency for Research on Cancer (IARC), a WHO specialized agency, is expected to conduct a review of cancer risk from RF fields in 2006 -2007 and the International EMF Project will then undertake an overall health risk assessment for RF fields in 2007 -2008. Further Reading ICNIIZI' (1998) wNvw icnir oruldocumentslemfgdL12 IEEE (2006) IEEE C95.1 -2005 "IEEE Standard for Safety Levels with Respect to Human Exposure to Radio Frequency Electromagnetic Fields, 3 kHz to 300 GHz" Related links - B stations & wireless networks• EXposures & health consequences http: / /www. who. int/ mediacentre /factsheets /fs304 /en /print.html 5/12/2009 WHO I Electromagnetic fields and public health Eq nolok, � !� P.- -.1 Jlej R ivit Wj-jQj),an _ Ra dio Frccf For more information contact: WHO Media centre Telephone: +4122 791 2222 E-mail: nlzciiaingpiriesi Contacts I E_maill sc ams. I E'nP I EAQ5 ;Feedback 1 jLfiyq_cy I LRS C WHO 200 http://www.who.int/mediacentre/factsheets/fs I � .5 - 5/12/2009 . . . .. w.....� : .. ................. ... \.zd.� ». � « d.. . .... ..... April 8, 2009 City of New Hope Planning and Development Division 4401 Xylon Avenue North New Hope, MN 55428 RE: Proposed T- Mobile Monopole Property Owner: New Hope Partners, Limited Partners Property Occupant: Victory Packaging, L.P. Property: 5040 Winnetka Avenue North, New Hope MN 55428 Dear Members of the New Hope Planning and Development Division: T- Mobile recently approached Victory Packaging, as Property Occupant and New Hope Partners as Property Owner with a proposal to erect a 110' monopole with antennas on the rear yard of the Property in order to improve wireless coverage in the area. As the local president of Victory Packaging and a limited partner in the Property ownership entity - New Hope Partners, I support T- Mobile's proposed installation. We have reviewed and approved T- Mobile's site and building plans. New Hope Partners intends to enter into a lease agreement with T- Mobile to allow for location of the monopole and accessory equipment. As a representative of the ownership and occupant, I support the proposed installation and encourage the City of New Hope to review and approve the necessary zoning and building permits. Sincerely, Jae Hagberg President — Minneapolis Ms. Swenseth stated that the planning report indicated the property owner was responsible for the development of the access road and to re -pave the road; however, T- Mobile would be responsible for that work per the lease agreement with the property owner. Chair Oelkers suggested tabling this planning case. He asked the petitioner to attend the next Design and Review Committee meeting and provide a schematic of how the tower would look from Winnetka Avenue, a statement regarding the 1,000 -foot cell tower separation, and information on all other outstanding issues from the previous meeting. Motion by Commissioner Landy, seconded by Commissioner Svendsen, to IEm.4,2 table Planning Case 09 -06, request for conditional use permit for personal wireless service antenna tower, 5040 Winnetka Avenue North, FMHC Corporation, agent of T- Mobile Central LLC, petitioner. Voting in favor: Brinkman, Houle, Hunten, Landy, Nirgude, Oelkers, Schmidt, Svendsen Voting against: Crough Absent: Anderson Motion carried. Chair Oelkers stated that the petitioner should meet with the Design and Review Committee on May 14 to address the concerns of the Commission. Mr. Jacobsen requested a letter requesting a 60 -day extension to the 60 -day rule for approval of the planning application. Chair Oelkers thanked the audience for their input and informed them the Planning Commission would discuss this issue again on June 2 and make a recommendation to the City Council. The Commission was bound by city code and, if the request met the ordinance requirements, the Commission had to recommend approval. The City Council would make the final decision. COMMITTEE REPORTS Design and Review Commissioner Svendsen reported that the Design an d Review Committee Committee met with representatives of Hearing and Service Dogs and T- Mobile. Mr. Item 5.1 Jacobsen mentioned staff conducted several pre - application meetings but didn't know yet if any would move forward. The committee would be meeting again with T- Mobile on May 14. Chair Oelkers suggested staff check with the city attorney to determine what conditions could be attached to this application and an amount to recommend for the financial guarantee/bond. Codes and Standards Commissioner Schnudt reported that the Codes and Standards Committee Committee did not meet in April. Item 5.2 OLD BUSINESS Mr. Jacobsen gave a brief update on previous planning cases as previously Planning Commission Meeting 9 » } 5; 2009 M Mr. Steve Sondrall, city attorney, stated an ordinance amendment has been prepared to address the caretaker apartment and the guest room within a kennel. He stated the conditional use permit incorporates the property uses. Mayor Hemken inquired regarding the effectiveness of a conditional use permit. Mr. Sondrall explained that the CUP runs with the land so if the property was used by another future owner for a similar use, the CUP would remain in effect. Mr. Sondrall noted that while Hearing and Service Dogs of Minnesota is a tax exempt organization, it would still be required to pay for special assessments (such as street projects). RESOLUTION 09 -72 Council Member Elder introduced the following resolution and moved its Item 8.1 adoption: RESOLUTION APPROVING REQUEST FOR CONDITIONAL USE PERMIT, VARIANCE AND TEXT AMENDMENT TO OPERATE A KENNEL FACILITY IN THE INDUSTRIAL ZONING DISTRICT AT 9440 SCIENCE CENTER DRIVE, HEARING AND SERVICE DOGS OF MINNESOTA, PETITIONER." The motion for the adoption of the foregoing resolution was seconded by Council Member Lammle, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe, Lammle; and the following voted against the same: None; Abstained: None; Absent: Stauner; whereupon the resolution was declared duly_�d and adopted signed by the mayor which was attested to by the city clerk. Mayor Hemken moved Item 10.1 forward on the agenda as the ordinance relates to the planning case 09 -04. ANIMAL KENNELS Mayor Hemken introduced for discussion Item 10.1, Ordinance no. 09 -05, an Item 10.1 ordinance amending Chapter 4 of the New Hope city code by adding additional conditions relating to the allowance of animal kennels as a conditional use in the industrial zoning district. ORDINANCE 09 -05 Council Member Lammle introduced the following ordinance and summary Item 10.1 ordinance for publication purposes and moved their adoption: "ORDINANCE NO. 09 -05, AN ORDINANCE AMENDING CHAPTER 4 OF THE NEW HOPE CITY CODE BY ADDING ADDITIONAL CONDITIONS RELATING TO THE ALLOWANCE OF ANIMAL KENNELS AS A CONDITIONAL USE IN THE INDUSTRIAL ZONING DISTRICT." The motion for the adoption of the foregoing ordinance was seconded by Council Member Elder, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe, Lammle; and the following voted against the same: None; Abstained: None; Absent: Stauner, whereupon the ordinance was declared duly_ passed and adopted, signed by the mayor which was attested to by the city clerk. CUP T- MOBILE Mayor Hemken introduced for discussion Item 8.2, Resolution extending 60 Item 8.2 day time limit required by Minnesota Statutes 15.99 Subd. 2 for response to zoning application requesting a conditional use permit, 5040 Winnetka New Hope City Council June 8, 2009 Page 4 Avenue for T- Mobile for a personal wireless service antenna (New Hope planning case 09 -06) FMHC Corporation representing T- Mobile. Mr. Curtis Jacobsen, director of community development, stated the 60 -day extension would extend the review time line to August 7, 2009. He noted an error in the first paragraph of the resolution (name of organization) would be corrected. RESOLUTION 09 -73 Council Member Elder introduced the following resolution and moved its Item 8.2 adoption: "RESOLUTION EXTENDING 60 DAY TIME LIMIT REQUIRED BY MINNESOTA STATUTES 15.99 SUBD. 2 FOR RESPONSE TO ZONING APPLICATION REQUESTING A CONDITIONAL USE PERMIT, 5040 WINNETKA AVENUE FOR T- MOBILE FOR A PERSONAL WIRELESS SERVICE ANTENNA (NEW HOPE PLANNING CASE 09 -06) FMHC CORPORATION REPRESENTING T- MOBILE." The motion for the adoption of the foregoing resolution was seconded by Council Member Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe, Lammle; and the following voted against the same: None; Abstained: None, Absent: Stauner; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. WATER QUALITY Mayor Hemken introduced for discussion Item 8.3, Motion authorizing the POND preparation of a feasibility report for construction of a water quality pond in Item 8.3 the area of 45th Avenue and Winnetka Avenue (improvement project no. 855). Mr. Jason Quisberg, city engineer, explained that staff is asking the Council to consider improvements to an existing ponding area near 45th and Winnetka Avenue that would establish a new regional water quality pond. He stated the proposed improvements would provide both water quality and water quantity benefits. He stated in regard to storm water issues the target is to address excessive discharge rates from District SC -A5 discharging to Crystal and reduce local flooding at the intersection of 45th and Xylon Avenues. The improvements would add water quality treatment in District SC -A5 tributary to Memory Pond. Mr. Quisberg stated the proposed improvements would expand flood storage and restrict discharge out of 45th Avenue pond, provide additional trunk storm capacity in 45th Avenue upstream of the 45th Avenue pond, and excavate wet ponding volume in the 45th Avenue pond. Mr. Quisberg stated the project is included in the Shingle Creek Watershed CIP and tentatively slated for construction in 2010. He noted the watershed has requested a feasibility report for the project be presented to them by June 25, 2009, and the project would be partially funded through the watershed's CIP. He explained that a portion of the project would be completed concurrently with 45th Avenue road improvements. He reviewed the proposed project schedule. MOTION Motion was made by Council Member Hoffe, seconded by Council Member New Hope City Council June 8, 2009 Page 5 New Hope City Council Attn: Curtis Jacobsen, Director of Community Development 4401 Xylon Avenue North New Hope, MN 55428 Phone: 763- 531 -5119 Email: ciacobsen@ci.new-hope.mn.us ci.new- hope.mn.us July 13, 2009 New Hope City Council, FMHC Corporation 2901 Metro Dwe idle 776 BI()ctt>'Ilw ic)n, MN 5,5125 r.•rc� 952 f331 10.13 In a letter dated May 14, 2009 and addressed to Curtis Jacobsen, T- Mobile asked the Planning Commission to continue T- Mobile's application (Planning Case 09 -06) for a Conditional Use Permit at 5040 Winnetka Avenue North and to extend the deadline an additional sixty days beyond the original sixty day time frame set forth by Minn. Stat. § 15.99. This extension to the review period was requested in order to allow T- Mobile's design firm enough time to complete the design of the road and a grading /erosion control plan and so that the Planning Commission would have sufficient time to review the completed plans. T- Mobile's original application was submitted on April 10 `h , 2009 and so the City would have been required to make a decision on the case by June 9, 2009. After the sixty day extension, the date for the City to render a decision on T- Mobile's application would be on or before August 8, 2009. On July 7` the Planning Commission passed a motion to deny T- Mobile's application because T- Mobile was not able to supply the grading and erosion plan and access road design in time for a complete review. The Planning Commission's recommendation to deny the application will be considered by the City Council on July 27th. T- Mobile's design firm has been working on the grading and erosion plan and the design for the improved access road. T- Mobile does expect to have completed plans ready for the City's review by the 22 °d of July. Since this is so close to the August 8 deadline for the City Council to take action, T- Mobile would like to request an additional sixty day extension in order to allow enough time for the Design and Review Board and Planning Commission to fully review the plans. Another sixty day extension would allow for the City Council to make a final decision by October 6, 2009. At the July 27` City Council meeting please consider T- Mobile request that to grant an additional sixty day extension and to remand the Conditional Use Permit application (Planning Case 09 -06) back to the Planning Commission for a full review and recommendation before the City Council takes action on T- Mobile's application. Sincerely, Kell} Y'r nseth FMHion 290 1 Metro Drive, Suite 225 Bloomington, MN 55425 Office: 952.831.1043 Fax: 952.831.0623 Cell: 218- 791 -0382 kswensethnfmhc.com The Council welcomed Hanson Family Investments to New Hope. RESOLUTION 09 -98 Council Member Stauner introduced the following resolution and moved its Item 8.1 adoption: RESOLUTION APPROVING PLANNING CASE 09 -10, CONDITIONAL USE PERMIT (CUP) AMENDMENT FOR ADDITIONAL OUTDOOR STORAGE AT 8401 54TH AVENUE NORTH, HANSON FAMILY INVESTMENTS /MASTER TRANSFER, APPLICANT." The motion for the adoption of the foregoing resolution was seconded by Council Member Elder, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe, Lammle, Stauner; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. PLANNING CASE Mayor Hemken introduced for discussion Item 8.2, Resolution approving the 09 -06 extension of the review period for planning case 09 -06, T- Mobile's application Item 8.2 for a conditional use permit (CUP) for a new cell tower at 5040 Winnetka Avenue North, FMHC, petitioner. Mr. Curtis Jacobsen, director of community development, stated on June 8 the Council granted an extension of the planning case review until August 7. He stated the applicant is requesting an additional 60 -day extension. He commented on the applicant's slow response in submitting the requested information to the city. He advised the Council that he recently received the information the planning commission had requested and a letter requesting an additional 60 -day extension of the review period. Ms. Kelly Swenseth and Ms. Amy Dresch, representing the applicant, addressed the Council. Attorney Gordon Jensen advised the Council that rather than taking action to grant another 60 -day extension, it may be more appropriate to waive the 60- day rule. The applicant agreed to such action. RESOLUTION 09 -99 Council Member Stauner introduced the following resolution and moved its Item 8.2 adoption: "RESOLUTION APPROVING THE WAIVER OF THE REVIEW PERIOD FOR PLANNING CASE 09 -06, T- MOBILE'S APPLICATION FOR A CONDITIONAL USE PERMIT (CUP) FOR A NEW CELL TOWER AT 5040 WINNETKA AVENUE NORTH, FMHC, PETITIONER)." The motion for the adoption of the foregoing resolution was seconded by Council Member Lammle, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Hoffe, Lammle, Stauner; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the mayor which was attested to by the city clerk. OPEN FORUM Mr. Mike Klein, 3217 Gettysburg Court, requested permission to address the Council at this time as he arrived at 7:05 p.m. and had missed the Open New Hope City Council July 27, 2009 Page 7 Curtis Jacobsen, Director Community Development 4401 Xylon Avenue North New Hope, MN 55428 Phone: 763 - 531 -5119 E -Mail: ciacobsen @ci.new- hope.mn July 30, 2009 Dear Mr. Jacobsen, FtAHC Corporation 2901 Metro Drive Suite 225 Bloomington, MN 55425 v,w,v.fmhc.com phone 952 831 1043 Mx 952 831 0623 On July 27, 2009, Kelly Swenseth and I attended the New Hope City Council meeting on behalf of T- Mobile to respectfully request a second sixty (60) day extension to the time limit set forth in Minn. Stat. §15.99 in order to allow sufficient time for the City to review the road design and the grading /erosion control plan that was submitted on July 15, 2009. Upon review of our request, City Attorney Steve Sondrall advised the City Council that T- Mobile be allowed to continue the review of their zoning application only upon the receipt of a waiver of the sixty (60) day time frame set forth by Minn. Stat. §15.99. Let this letter serve as notice that T- Mobile will agree to waive the sixty day time frame set forth by Minn. Stat. §15.99 in return for allowing T- Mobile's zoning application to continue the review process. It is T- Mobile's hope to complete the zoning process for the subject application within the next ninety (90) days. Should you have any questions or comments, please call me at 952 - 831 -1043 Sincere) J A mID sdi FMHC Corporation T- Mobile Acknowledgement: By: Mark Holm Its: Real Estate Manager Date: q l � 10� x VICINITY MAP PROJECT DATA X.RCtpN EEASE ml[F: EY2awa (7ASf mau: so• -o' ..s• -a• O "m imp O mublie zT0 -r�[� E ua M a E vt Wid Pte' SONrc rvPc RIKX 4Awf: @5a3 K QEE'NIEAi: 906 FEET (NAw EE) • • GENERAL NOTES SCOPE OF SUPPLY PROJECT TEAM '""t0F'm �aT.,xx,r. N • 1. f!rt CONmAarOR 9WL amEFriE AW -T NL SxK NOIOt, '� Ora xIS E Sa1LL ales ATiExiNrE r4 E B£ 20.ELV ts. mxlRrcras swu xyEET' M ExPxEEa . CEiNES wE saNypEgEp ar5aw0, uxSaEE tqi rA2awtaK, OR NOE M ratOwsc i/NLC Oc)IxUiES ' M SaE mEC3X $aME Of rdtN ME aEaaMplaFS OP dTF1R. MLL PaECEOF n!,' aSOAEWMNS FMM1Ex INgLVEp x MAETIxC ralNp Or ietx SOME ar aW0.i. rNq PapiEfT. EIEmSNrtns ONrwc ^. P ' 'I N« "' - rwnmN .4aN5. uErXaoS. atl PJa Nx Di THE Mao ONOW M aaxrRaai. taxes pKTmYaI ram m.CICE. 6 a0ra(9 MaF'MKa aRMI wEMED ro SXOr rxE Erg MX a � �. 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E " 4 "'^ A10759 PROJECT INFO. & GENERAL NOTES ` „ /IB E 1 Nw ro aEw a .a a a m N Es tai xar eE aEr+mmn cam TENT M ortoeaE elsmsn ar mECnr a woaECnr. xoa Ia1t Nrr waNVSE anm T+N NSea E �y�Ea .�, ^ to .^w _ � 5040 WMNETKA AVENUE NORTH NEW HOPE. MINNESOTA mNd d -a MINNEAPOLIS MARKET ( �� Old � A7075 &T1 2 ° _d a a s ] 0 YYgg ik I i _ _ _ _ Er>sRRa mortmr ua _ — _ _ _ _ — _ _ _ _ — —. — — — ` , urs�.c evam +uanow mcz — — — ' - 1 - cmm avn]m mnw mw rmsa. tsx ar • �� ( ' ' a smrc mrn >EOesra e] � E+nnw n woocco/anrsn - I S LZiJ :) ( aam m i xcrwn7 � r _,. x +a . w• a 51ST AVENUE NORTH a @� L wa E"" "�—I t I *a°°rtawvoa°°'EiaR.'n' �t I • -� (,.:. s IL �' _ W ¢ �It t L if 0 4 z } 'N y 0+> , �� �� (J) EllL]MC iRARgyquEAe f%h �S�KE m�5 ] KCE� aaw T ulanr EASFMF r � t_YCTE JC . w' aRIRnRPaS .tNiRF veMS]>a rx]o �me mcRnE {w�xp[p mRmw.aRi uM wFA (vRrn+am er toxma.]aR) (PbA M o�F. Aw>Se (RE>]a ro o A,o>]e -G roR WRE w.ORU.Ma) aur>Fn (im} -U RTE MEpAM>JIaR) SITE PLAN scat: � •w'ro� ro xxva� Hots + Eme:o4 rsow cao-]m sam, a ' ro m�romn >eoaocnHmr .00 rm .EZr a r -unxe canrwxo. i z r >. wn. >p x �c a �a,w - orsnwxo ar coasnecno, A ��iuwm suesrwrw4r m oRFaa co«oma« � caerR�>croR . s. J� -,wenc � owx EauwEx> r ers wr maw m �rs •w a ■ ■ ® ® ■ ® 1 j o,s awawc ws Rm eEw ,sai, w eaa=ERrc or r_evsaE - �ac>vws vYoa�0 W oTSCEwro. nc .nw ar rRe oavo. >K eoa,ovn wo ». r.w• a m. > w« s.n .,,.,.„,,, .,e ab, i a, . ew kw,e "'v�w...•...i � NEW HOPE •VICTORY PACKAGING SITE PLAN , j � ��mFc rswm ra mowsa O1 ` ] AJN /➢aF0 P.w�a �uU EaJ9CX NHIR0. f,N+ v r. nfRan v �„ a HR]cR � �i /�a/ae' ® � axca ro Rrnw m wa everts >avJ ]w rt. ear et REeaw�, cwm ,e]n m �� � � �� �'�� � Mt PweaSE }� u.sR� �� �"�'+`� � a 5040 WINNEif(A AVENUE NORTH NEW HOPE. MINNESOTA H4 .«a Ne�s MINNEAPOLIS MARKET nw onm awR ,n1p, rt s i5 � uarmRA10759-Cl k E, . I t I ■ ■ .. Mobile6l MINNEAPOLIS MARKET NEW HOPE VICTORY PACKAGING A10769 ENLARGED SITE PLAN 5040 WINMETKA AVENUE NORTH NEW HOPE. MINNESOTA ex4A T­E Z' : - -------------- -------------------- f L---Y - 7, "1 T.- ----------- i -4pg1f t -4 i6g ----------- 7 Sift. I t I ■ ■ .. Mobile6l MINNEAPOLIS MARKET NEW HOPE VICTORY PACKAGING A10769 ENLARGED SITE PLAN 5040 WINMETKA AVENUE NORTH NEW HOPE. MINNESOTA ex4A T­E Z' : - x L---Y - 7, "1 T.- Sift. PI 1. ENL.R.In I t I ■ ■ .. Mobile6l MINNEAPOLIS MARKET NEW HOPE VICTORY PACKAGING A10769 ENLARGED SITE PLAN 5040 WINMETKA AVENUE NORTH NEW HOPE. MINNESOTA ex4A T I ;3 cm�ac7 I wag wz» anxramnexr (mnbnu) .aawn/eamt \ L � I 9oxsr 1 / ' uartxas r+ex >9ads 1 1 1 \ i 9o`db�� 1 - 7 t:zmr ttcwu m Pw+s) o i / I i � > .Dab"En "`iRU3x � Y> 3' wMa oa sTea � rtxcc can w+ mwx eodJr 9 D8 j L e.attni amr�iu vm x+na>a soi 90655 //, Wi / .T i Uer3� rnO�Ra�c b l ! d y� 9039 1 -n'.�ra'" I � * 11 - •905.8 z� 3 ,' ... • Em3wG DuwR.n BnUNIxIXS ; - l i' :905.1 I ; ,,5 �\ 1 fi,� Ue Aa x -'" 0. 00 � 906.0 gO h 4 i r - abet[ +x' woc WnxixaE wxi95 aoro (]' Brtuwm05 O.Q e`�m 6]' CwraKt� 1 / \ e+rsr>m ! 1 / _ 9 / wlOmD/RUSN ` I SILT FENCE DETAIL > 49x50 - \0 r axano;. m rs I ! ` 0 ner3i • ' B 9`"'__ 0 1 wrUwwal3 OWa e' >LAEatiE - I SrEEtPO3re wM nE w srn�i�OSS!. wm xDC rMCS \ � / \`, .-- 9.y _ .,. , , / s¢ efrW (vxmx2u er earmYKn) I I - \ ].AMi� i R'ncE .Ramat m Macn'3 vnaicrnne wnRn A `%AOtS —•- __— � _ (t9.. _ p0 _ J. _`t ` •-t I ` x906.8 W.wrr m urm>a r 059 i .. n 0.9 1M0 0 060 �OSI cwrWwa ) � x9066 � 0070 d0 � A : p 0` / _ - ___ - _ _ - ___`ae _ _ _ _ ~ - L - -_ no*ac vaoeE. ewe � , so6.s_� e "'` ''+aorcc'� :i ° m °L CU.0 `v�m • j " - -- _ --= s _/ - -J__ _ 1 u� emus �> i. i _ - l >90].5 908 > -�' � '> ^' r _r' ^_________1 X908 -_ �_- '- y 9 �• i CaaMa<rw Sank Waa't tIX.rmx3 wm F]EV>.np3 m NL Cw31ac yMlrE3 wM - -_ M6 atm3cnW urattt cbwwaES Pwm ro cwimucnan. (vewW9 umavauh acr.'nDx m a+arDrr) SMTwa PnOP.]sc0 ca'NUa (T+i+) (PPGAE9 Br caartRx:rOa)e ].� Eaosd al.raa, wEA3UaE3 soy{ bC wSTw(p Nm a meaaADx Pea+ is IS M�W[�Fe Mf Po1ENn4 E�AO�soxngx.5 PD NNTMIFG UxR cYM31auCKx cn+y€i ..5 m , w.w.:s .n: aam DrOfp9PaD°xi3crCd'.ouWmr+aee3x war G�DING ANO EROSION CONTft01„ P{ eN �: '� " -o- (e :i-•].� d wnass enlxwsc wac Swsnxc TmoRePxr aw awnarz sx>u nDT ee umrco er consmucnw, -, amras cmnx/cmu sr>u, mr m PaESa.c casm+c m¢s. wm c �� w ra sr n �� ro nee rs.wx awwr. rat sn.u. a6srRs rcanem asncan er ca n c al. I - + -+ /r anaw+aDS ewwa aawsc + rn :lywxa,3 Pa „< cbyns6 n ne�aert o ae u'r'ea Pm s9usla: rJU rr 3 IHIHI I III ` c u r raa �.¢ c�osaaE�D nresrwn>uv r. mm A reaeuwc wD °Nar"ac:s snow ax Me mrowc axu .aixa'r'oew,a: R am�.aaa � smawxDac xnr wu vamearr� cara.croe sr.0 Wi ar.D+s. .no asPOSe m>aus. amrsr, >a�a :mus - 2. — m- ww.cmr°��oev m` srxD�+w�sv'"sa MFES RUST m OMLA mews nui Wsi BE a3sOxED Rar ME s2 ro 6anw ° n °"z M3°pa�w+6a 'AZ Dm aTw ar -ac i CH I 9. a aDn Pai ucy. ron3 xD PambsD aw as3 S o.w a ca a c Pax a3 srtn wnoc aaa3 DMCnwsc xarta. �rexns raa3e D� �a a D_r53] _ / - e\ BITUMINOUS SECTION GOPHER STATE ONE CALL w rou ra¢ I_ew- >n -++aa NEW HOPE - VICTORY PACKAGING ' ■ ■ ■ ■ ■ !+ 1 ■ M ww.ar wm a tsxr ry nE eDmoaw+ roa Mew Do.maD.� ysc w.o w� a ."'bm `a« w Ma R,..c Me w.w.m PaDwus w awe« amuesr wm . wa.. tM w u.,... eA�..,.,1 n.. m a. s,w. w y:.,..m,. 6..,;«. .a.a.. x. Kaw]s „ 4x + /nta9 ..�. A10759 GRADING AND ER OSION C ONTROL PLAN .____.. _ _ AVENUE NORTH 5040 WINHOPE, iii.., l! o .11 Mt eE �aOarCN CmYD. tFNr a .ae e D a m aP n. R aroma r. wa wx: PuaPm3 aria Mw w.a rt n _- Ii x> MINNEAPOLIS MARKET NEW HOPE, MINNESOTA uaD� ` � �z �'s LNA/TMA REQUIREMENTS i1PE ryiRprSj ENFI90KI308 1xAtTUa PER SF[iat ENFx00.5xxOp LNyMA PER SECNK ExaT9prSxluP IMIITU4 PLN SECiw Top EEPZOpnx3w Irw/FM +Pm smw 6nFnaslxup 1N,m,6 xa sErmR EM3MSINP 1NAON. PFA lFLxOR x50• T: *rn:� snL ure -uxaxt .NTOa��s aF Insratxs � "" 3. ¢� uE PF [MFaKEaS OORr1ar ro wwfa e*P amrtR.r .r vrt rva""'n v e' NOTES ro we mm REOE6FN /swp locam lams a o1a.N¢ aPwrxn rPwm6w>Mr Fao lEErr .es. s r -uoPa6 coww.®. i- uOP.tE 110' -0' u9xwaE 3. npaG Pd[ TMSMnEa ON RAna SmE OF x. Emrp10 OFUpOEp prtWm0U4 exria+ t -4.T' AE FdCFO OOUNTRA >�Bf P[Mgm pr COIaPACIOR. PPF�D 05Na0F0 eY Ca6NN41pN aCTm[5 SwLI X sxresramai+ xe OwtINFy COnpIgN (e, OwOUCmaT r -uamtE r- o•aoE plRaAOE Ma'E (mOVaxxp pr cwFwcrw) "row (.rWNUNR FENCE pnaplD NME Fn cwFNtfwJ r -u p' -0' Mw CIwFRMR FEKE a /�S�STTUxp4 JJ RRS D 'FOP YuaE n60aupa0rl aL£Eµ N SrMOUN Cwano CSS. SwLL eE +M � C�4 F aNRialn CaaE ltNaNS x.K BFFN a?FxMAPD eASEO w THESE ¢ 1 � N eE u�sm Foa�FAPPnrmP�. 00[ ro Mvn mn Na,4 P C i68�i 1kD � CFAE tENCTNS PEPwE VRr wm FPW IE�wnS z. rL aRTQ+N4eoz uar.- ro pE caw ceom Ar nx4>: (!J lapr6Pn usN6 + /x• RME R1c ¢ccxPivL rAw_ a. B�.SE w �(axrtNrx.ln¢) C. AT ETS tl9aR ComE<igN PORrt !. /x1[Mr /Cbx C.e1.E4 Su L MUTE wdAO :vR wOUNOEO NiaFE i5J PCRPS d' xORf A! Faw«s: <dpi�cii�xaNCR lE+RrJ ONE FNO YEOYNIULLY P. BoFxW a xtlp4a, aN: ENO uECNNPC.µ1Y CaMC20 N C. �n+0 �fl CaukCiWP aaxr. 6. ANTENNA SECm eE uGSUarD wFFN nOxE xwM K SNOW C91 ANTENNA REQUIREMENTS APr inE cowl ueE EIXnVUM tit) �Cx�w tOwl caE Cape CWE X61 cONMCiiOx MRax IU' >/0 aEp Al xM146- 6516 -RIF/ a a! xU' >/p' JPF7E Pxp R6 IU' r/p" 045m � ax sr pro• 6oLe1E aFn e: -five a rvvE • uFN+x m' rA' (s7 aF0 /aur - p Iss' 3 /6' (N Pm /6wr w 1 /•' to w CODE G sGtF: 1 /. �1 -O a x1 �. Rx n 1 /p• xwlE rEMDN -6s16 us' F /p• n rss• 3/a• z w.aF fix nreA- 6s16 -axu xap p n Iu• x /6' 67 mLOR /6w. Pr rro• � c N.xu- 6616 -Pxx Syp p 3 /p' auw eLUe rim ®- mFw , m wwMSE6 1!s' r /p• aaeE duE Cx ruB.t- 6516 -a3N ]AO' p U I3 16 (31 5114 /dGv Ib' x/e IN -v— 'FOP YuaE n60aupa0rl aL£Eµ N SrMOUN Cwano CSS. SwLL eE +M � C�4 F aNRialn CaaE ltNaNS x.K BFFN a?FxMAPD eASEO w THESE ¢ 1 � N eE u�sm Foa�FAPPnrmP�. 00[ ro Mvn mn Na,4 P C i68�i 1kD � CFAE tENCTNS PEPwE VRr wm FPW IE�wnS z. rL aRTQ+N4eoz uar.- ro pE caw ceom Ar nx4>: (!J lapr6Pn usN6 + /x• RME R1c ¢ccxPivL rAw_ a. B�.SE w �(axrtNrx.ln¢) C. AT ETS tl9aR ComE<igN PORrt !. /x1[Mr /Cbx C.e1.E4 Su L MUTE wdAO :vR wOUNOEO NiaFE i5J PCRPS d' xORf A! Faw«s: <dpi�cii�xaNCR lE+RrJ ONE FNO YEOYNIULLY P. BoFxW a xtlp4a, aN: ENO uECNNPC.µ1Y CaMC20 N C. �n+0 �fl CaukCiWP aaxr. 6. ANTENNA SECm eE uGSUarD wFFN nOxE xwM K SNOW C91 ANTENNA REQUIREMENTS ANlpw cowl ueE EIXnVUM tit) �Cx�w turni coot NOE I t i J Ill __ ( EIXnVUM tit) C9 GY L'1 � t ! � f '• OOWMTiLT CONTROL REQUIREMENTS rvvE • uFN+x /� A � EAST ELEVATION ENLARGED ELEVATION NOFE: rN3 1paFlt olvpi oEWNlxMan WRFOSE! 6MT, rt 5 RaExgp 9Wt rt % 1NTaPaflED �A rOVER OEA:x. l uwrsz w � xC2 -ep1 S6F[� - 131 I!!' w 1 /•' to w CODE G sGtF: 1 /. �1 -O a x1 �. Oa Ea O1SVaF, SNn.CNRK � F Of9w 9ui1 BE 09WEtf0 NEW HOPE • VICTORY PACKAGING rim ®- mFw , m wwMSE6 A10759 ANTENNA INFO. & TOWER ELEVATION obile:6 � mom 5040 WINNETKa AVENUE rvOftfH MINNEAPOLIS t r . (:e (5 lt � n NEW HOPE. MINNESOTA] MARKET '^ "' '""°'" � °"'"'� �a ■ I CITY OF NEW HOPE SPECIAL ZONING PROCEDURES APPLICATION LOG A B C D E F G H I J Appli- Applicant Date Date Applicant Date 60- Date 60- Date Deadline Date city Date city cation application was sent day time day Applicant for city approved or sent response number Name received notice limit extension was notified action denied the to Applicant Address by city that required expires expires of under application Phone information extension extension was missing or waiver 09 -06 FMHC Corporation, as agent of 4/9/09 6/8/09 8/7/09 T- Mobile Central LLC 5 —/ /� 9 5040 Winnetka Avenue N J New Hope, MN 55428 ( 08- 118 -21 -23 -0002 94JL X 11 t ej) Boxes A -C and E -F will always be filled out. Whether the other boxes are filled out depends on the city's procedures and the date of a specific application. A. Assign each application a number. B. List the Applicant (name, address and phone). C. List the date the city received the application. D. List the date the city sent the Applicant notice that required information was missing. If the city gives such notice, it must do so within 10 business days after the date in Box C. If the time clock is "restarted" by such a notice, assign the application a new number and record all subsequent deadlines on a new line. E. To calculate the 60 -day limit, include all calendar days. F. To calculate the 60 -day extension, begin counting from the day following the first 60 -day limit, include all calendar days. G. The city will notify the Applicant by mail that a 60 -day extension period applies to the application. (The date in Box G must come before the date in Boxes E and F.) H. List the deadline under any extension or waiver. I. The city must act before the deadline. (The date in Box I must come before the date in Boxes E or F, or, if applicable, Box H.) J. List the date that the city sent notice of its action to the Applicant. It is best if the city not only takes action within the time limit, but also notifies the Applicant before the time limit expires. To: Planning Commission Cc: Steve Sondrall, City Attorney Al Brixius, Planning Consultant From: Curtis Jacobsen, Director of CD Date: November 24, 2009 Subject: Regulating Setbacks for Temporary Signs The City Council referred the subject of Temporary Signs and setbacks to the Codes and Standards Committee for review. On November 18 Codes and Standards discussed this subject. The basis of the referral from the Council was for complaints based on enforcement. The inspectors had been asked to be proactive in the enforcement of city ordinances. During the summer months signs are a constant throughout the city. Although the city places notices in all city publications about sign regulations there are always a number of people who knowingly or unknowingly violate the ordinance. Staff asked the Codes and Standards Committee to reflect on the rationale for the ten foot setback. The commonly held belief was that it was to get the signs back off of the public right -of -way. At ten foot of setback the signs are still in the right -of -way and potentially would have to be setback up to 17 feet from the curb to be out of the right-of-way. The Committee wanted to know what neighboring cities were doing and essentially their ordinances were the same as New Hopes. It was noted that neighboring cities apparently do not enforce their ordinances on sign setback because staff has witnessed signs in all neighboring cities that were placed right up to the curb. The proposed ordinance amendment for review by the Planning Commission is designed to eliminate an unnecessary nuisance to city residences and make city ordinance more in line with the enforcement policies of neighboring cities. This will significantly reduce the staff work load associated with sign code enforcement and should reduce or eliminate complaint the Council receives related to this subject. Attachments: Draft Ordinance (Relined version) Draft Ordinance (Clean copy) Staff memo City Attorney memo ORDINANCE NO. 09- AN ORDINANCE AMENDING NEW HOPE CODE SECTION 3- 500)(2) REGULATING SETBACK REQUIREMENTS FOR TEMPORARY SIGNS The City Council of the City of New Hope ordains: Section 1 . Section 3 -500) "General regulations" of the New Hope City Code is hereby amended by amending subsection (2) to read as follows: (2) Setbacks for Ttemporary freestanding signs in residential zoning districts not requiring a permit_ a. Temporary freestanding signs as described in subsection 3- 50(OL22) of this Code '' " " " " "- Formatted: Numbered+ Level: 1 + shall be set back a minimum of tern -two feet from the back of the curb anless or Numbering Style: a, b, c, ... + start at:1 + Alignment: Left + Aligned at: 0.83" + Tab behind a sidewalk if one is present at the sign location in which ease the sign after: 1.08" + Indent at: 1.08 * beset hbae > a > :^a ,1,,, ^:a�,„ ^" and the sign's placement in the two foot setback would impede or interfere with the use of the sidewalk b All other temporary freestanding signs described in subsection 3 -50(f) of this "' "" Formatted: Numbered + Level: 1 + Code shall be setback a minimum of ten feet from the curb or behind a sidewalk '., Numbering style: a, b, e ... + Start at: 1 + Alignment: Left +Aligned at: 0.83" +Tab if one is present at the sign location and the sign's placement in the ten foot after: 1.08" + Indent at: 1.08" setback would impede or interfere with the use of the sidewalk. Formatted: Bullets and Numbering c. On all corner lots, temporary freestanding signs not requiring a permit shall not Formatted: Numbered + Level: 1 + be ermitted within feet of an corner formed b the intersection of two 20 ft p Y Y Numbering Style: a, b, e ... + Start at: 1 + Alignment: Left +Alignd at: 0.83" +Tab streets or the rights -of -way of a railway intersecting a street. The 20 feet shall be after: 1.08" + Indent at: 1.08" from the back of the curb of the intersecting streets or railway right -of -way and t Formatted: Bullets and Nu mbering the third side formed by a straight line connecting the corners of each 20 -foot point as measured along the property lines. Section 2 . Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of 2009. Kathi Hemken, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope - Golden Valley Sun -Post the day of 2009.) P..ATfORNLV SASH CLIF.,NTF1MF C'IrVOF NEW ItOPE '99- 4GIi9(AMF,NDTEFvIPStCN)� INMa AMFNDEETBACASDI. C —1— ORDINANCE NO. 09- The City Council of the City of New Hope ordains: Section 1 . Section 3 -500) "General regulations" of the New Hope City Code is hereby amended by amending subsection (2) to read as follows: (2) Setbacks for temporary freestanding signs in residential zoning districts not requiring a permit: a. Temporary freestanding signs as described in subsection 3- 50(f)(2) of this Code shall be set back a minimum of two feet from the back of the curb or behind a sidewalk if one is present at the sign location and the sign's placement in the two foot setback would impede or interfere with the use of the sidewalk. b. All other temporary freestanding signs described in subsection 3 -50(f) of this Code shall be setback a minimum of ten feet from the curb or behind a sidewalk if one is present at the sign location and the sign's placement in the ten foot setback would impede or interfere with the use of the sidewalk. c. On all corner lots, temporary freestanding signs not requiring a permit shall not be permitted within 20 feet of any corner formed by the intersection of two streets or the rights -of -way of a railway intersecting a street. The 20 feet shall be from the back of the curb of the intersecting streets or railway right -of -way and the third side formed by a straight line connecting the corners of each 20 -foot point as measured along the property lines. Section 2 . Effective Date. This Ordinance shall be effective upon its passage and publication. Dated the day of , 2009. Kathi Hemken, Mayor Attest: Valerie Leone, City Clerk (Published in the New Hope - Golden Valley Sun -Post the day of , 2009.) P ATTORNEY\SAS\I CLIENT FILES\2 CITY OF NEW HOPE\99- 40149(AMEND TEMP SIGN) \ORDINANCE -AMEND SETBACKSD2.DOC —I— To: Codes and Standards Committee Curtis Jacobsen, CD Director Cc: Steve Sondrall, City Attorney Al Brixius, Planning Consultant Roger Axel, Building Official Chuck Tatro, General Inspector Pam Sylvester, Administrative Support Specialist. From: Eric Weiss, CD Assistant Date: September 4, 2009 Subject: Temporary Signs t Per the direction of the City Council, the Codes and Standards Committee has been requrested to review the code section regulating temporary signs. The current code requires temporary signs be placed ten feet behind the curb unless a sidewalk is present, in which case the sign must be set back behind the sidewalk. Corner lots require a 20- foot corner triangle setback. The Council and staff have received numerous complaints about the enforcement of this ordinance. At a recent Council meeting, a resident questioned the reasoning behind the ten -foot setback, and as a result, the Council requested the Codes and Standards Committee review the issue. The Committee should discuss whether or not the code is justified and if any changes are recommended for the sign code. Attachment: - Sign code excerpt G:\CommDev \Eric W\Codes and Standards \9.10.09 \Temporary Signs.doc 1 1 M K ' 1 , AMANDA M.FURTH GORDON L. JENSEN' ADAM J. KAUFMAN MELANIE P. PERSELLIN' STEPHEN M. RINGQUIST' STEVEN A.SONDRALL Attorneys At Law November 23, 2009 Curtis Jacobsen Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAx (763) 493 -5193 e -mail law@ j spattorneys.com Writer's Direct Dial No.: (763) 201 -0211 e -mail sas@jspattorneys.com 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Licensed in Illinois /Colorado 3 Qualified Neutral Mediator under Rule 114 Re: Proposed Ordinance Amending Section 3- 500)(2) Regulating Setbacks for Temporary Signs Our file No.: 99 -40149 Dear Curtis: In follow up to the November 18 Codes and Standards meeting, attached is a proposed ordinance Amending New Hope Code Section 3- 500)(2) Regulating Setback Requirements For Temporary Signs. As we discussed, the proposed ordinance reduces the setback for small temporary signs from 10 feet to 2 feet unless placement of the sign would interfere with a sidewalk. In that case it would be setback behind the sidewalk. Keep in mind this setback applies only to small temporary signs not requiring a permit as described in 3- 50(f)(2) of the Code. These signs are six square feet or less in surface area that do not exceed 3 feet in height. What we are describing here is your typical garage sale sign. Also, they cannot be in place for more than ten calendar days. However, §3 -50(f) also applies to larger signs that do not require a permit such as "for sale" or "for lease" signs, noncommercial speech signs and official signs. The latter signs can be as large as 64 square feet. We didn't discuss these types of signs at the November 18 meeting. For these larger signs I think we want to maintain the 10 foot setback requirement. Hopefully this change will relieve some of the complaints staff receives regarding setback enforcement provisions of the sign code. Call if you have any questions or further modifications. Very truly yours, Steven A. Sondrall Enclosure(s) cc: Eric Weiss Al Brixius P. Attomey \SAS\l Client Files42 City of New Hop699- 40149(amen temp sign) \ltr C. Jacobsen - amend sign code setbacks.doc Memorandum To: Planning Commission Curtis Jacobsen, CD Director Cc: Steve Sondrall, City Attorney Al Brixius, Planning Consultant Roger Axel, Building Official Chuck Tatro, General Inspector Pam Sylvester, Administrative Support Specialist From: Eric Weiss, CD Assistant Date: November 23, 2009 Subject: Corner Lot Definitions 0� Per former Chair Oelkers' direction, the city's planning consultant has provided a memo outlining the reasoning behind the city's existing front yard definition (see attached). Chair Oelkers' request was a result of the various setback variance requests the city has reviewed in the past few years. As stated in the planning consultant's memo, the recent variance requests were justified and would have been required even if the front yard definition were changed. The Codes and Standards Committee discussed the matter at its November 18 meeting and determined the ordinance should remain as -is. The Committee did make a recommendation that future corner lot variance application reports shall be handled exclusively by staff to reduce applicant's costs. The planning consultant was in agreement. Attachments: - August 3, 2009 NAC memo G:\CommDev \Eric MPlanning Commission \12 -1 -09 \Corner Lots.doc 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone. 763.231.2555 Facsimile: 763.231.2561 planners @nacplanning.ccorn TO: Curtis Jacobsen Eric Weiss FROM: Alan Brixius DATE: August 3, 2009 RE: New Hope — Corner Lot Definition FILE NO: 131.00 - 09.03 Recently, the City has encountered a number of variance requests for homes on corner lots that want to expand. The need for variance has typically been due to the house orientation and the application of City setbacks under the City's definition of lot front. While the City does not regulate the house orientation on a corner lot, it does define the lot front as follows: "Lot front means the front of the lot shall be, for the purpose of complying with this Code, that boundary abutting a public right -of -way having the least width." This definition guides the application of the required setbacks within a respective zoning district producing the largest building envelope for a corner lot. This definition also maintains a uniform front yard setback with adjoining interior lots within the same block. The attached exhibit illustrates the application of R -1 setbacks to a standard R -1 corner lot. Lot A follows the established lot front definition. Lot B applies the setback having a home oriented to a side street dictating the front yard. This graphic illustrates the difference in building envelope and compatibility with adjoining interior lots. R -1 DISTRICT Lot/Setback Standards , Lot Area: Single Family Lot 9,500 square feet Lot Width: Comer 90 feet Setback: Front Yard: 25 feet Side Yard — Interior: 1015 feet Side Yard — Corner: 20 feet Rear Yard: 25 feet I have previously debated this definition with Doug Sandstad in the 1980s. The zoning definition provides the largest building pad and maintains the setback within adjoining interior lots. This definition does not dictate orientation of home or home design. As such, the definition provides the greatest flexibility in using a corner lot. The recent variance requests were justified. A change in the lot front definition would not have eliminated these applications. N 30' 5'110' UItAc# 1 .. 20: tt> }` .. C vl�tc 30' cn -I X m m 4 i r `• � G �'s # 'Y4 . � t *,d s , 4F. � Ff: ���d�t [ �: •�-. � ii c� �� 1 4 ( 30 ' � ¢ j - r`t Y"dl. , ;J G ti #J-sFF fCiG #y" J G 2 1" = 50' NOTE: R -1 DISTRICT SETBACKS APPLIED 20' To: Planning Commission Curtis Jacobsen, CD Director Cc: Steve Sondrall, City Attorney Al Brixius, Planning Consultant Roger Axel, Building Official Chuck Tatro, General Inspector Pam Sylvester, Administrative Support Specialist From: Eric Weiss, CD Assistant Date: November 23, 2009 Subject: Review of Commercial Planning Goals 0� Per the direction of Commissioner Houle, staff has attached information from the newly adopted Comprehensive Plan relating to planning of commercial districts. Commissioner Houle has requested the Planning Commission review the Comprehensive Plan goals and discuss steps the Planning Commission could take to encourage redevelopment. Commissioner Houle would also like to have a discussion about the specific properties highlighted in the Comprehensive Plan for redevelopment /maintenance, most notably in the City Center area. Planning Tactics The survey participants identified two voids in the City's available housing. The first void was high value housing options. Most of the City's existing housing stock consists of moderately priced homes. More affluent residents seeking move up housing options often must look to neighboring cities for this housing opportunity. The second housing void identified through the survey was the need for life cycle housing opportunities. Specifically mentioned was the need for more housing that will be attractive to the City's empty- nester households or independently living elderly residents. This perspective must be balanced with the reality that the City has 43 percent of its housing stock as multiple family housing and a significant portion (12 percent) of this multiple family housing is designed and marketed as elderly housing (people that are 60 years and older). In review of the City's current residential issues, the survey, tour participants, and City staff identified housing and yard maintenance, redevelopment, condominium conversion, and greater housing diversity as primary objectives of the Comprehensive Plan Update. Commercial New Hope's commercial areas presented the greatest concerns for survey and community tour participants. The City's shopping areas display a declining, outdated commercial image through building appearance, vacancies, and an erratic commercial land use pattern that provides little continuity or business interchange among commercial areas. The local business people interviewed in 1998 indicated that New Hope has a different retail trade area than what existed 30 years ago when most of the City's shopping areas were new. New Hope no longer has strong homogeneous trade area demographics due to the aging of the City's population, out - migration of affluent households, and new growth in Plymouth and Maple Grove. Based on these changing demographic trends, the local business people interviewed suggested that the center of their original trade area has shifted west over the past 25 years. This shift in trade area complicates their ability to compete with new retail establishments. The building appearance, site design, and vacancies associated with older City commercial areas detract from the attractiveness and vitality of these commercial sites. The majority of the survey and community tour participants suggested that the City must pursue commercial redevelopment to change the image of New Hope's shopping areas. Specific redevelopment target areas include the Winnetka Center, Kmart site, Midland Shopping Center, and freestanding commercial sites along Bass Lake Road, 42 Avenue, 62 Avenue and Winnetka Avenue. ,/ ( N City of New Hope Comprehensive Plan Update Planning Tactics 138 Planning Tactics Community tour participants also identified that the City's erratic commercial development pattern segregates the various commercial areas within the City. This development pattern works against business cooperation, business interchange, and a cohesive community identity. Past City promotional efforts have focused on the 42 Avenue commercial area. Businesses in other areas of the City do not feel that they have received the same attention from the City. To improve the image of New Hope's commercial areas, community tour participants suggested re- establishing an attractive streetscape theme within the 42 Avenue/ Winnetka Avenue commercial area. A unifying streetscape theme could be extended to the other commercial areas of the City to provide a more cohesive community image. The City's industrial land uses are a strong component of the City. Due to the limited supply of vacant industrial land, future industrial growth will consist of in -place expansion of existing industries or redevelopment of obsolete industrial sites. To encourage continued economic development and business retention, the City must examine means that will serve to accommodate the in -place expansion of existing industries and be responsive to the changing needs of the local businesses. Community Facilities Overall, the survey participants were very complimentary of the City's community facilities and services, specifically City Hall and the park system. The following community facilities received specific comments through the survey. The City's park system received high praise. Continued upgrades were encouraged to maintain the park system's high quality, safety, and user friendliness. As a fully developed community, the City must remain proactive in the implementation of its parks capital improvements plan as a means of keeping the New Hope parks system contemporary with regard to condition of the parks and modern equipment. The majority of survey participants could see no further recreational programs they would add to the current offerings. Community tour participants did suggest the need for a skateboard facility in one of the City's parks. There is also a need for trails for pedestrians and bicyclists that connect parks, schools and other community destinations. The local trail system should be connected with the regional trail system to provide access to destinations beyond the City's boundaries. ( City of New Hope Comprehensive Plan Update Planning Tactics 139 �1 ., • , ual• ` °� ,a�. 0 0.2 0.4 0.6 0.8 Miles Base Map Bonestroo Rosene Andedink B Associales December 2008 147 ingle Family Redevelopment tlottununnn :�puu;!unnunnnnunmm�uu■ .... : J A I V C Re isn � � t ..iii == ■tin .1,: ,. /Ilr�l. r.• �� ° � - �� 1;aaaaa■■�,m111 Renovation, Improvement • •- wK" X11 /1 / ■m /11 d� r► /IOYtIOIIO:: - /i - IIt1191 /Itilmn�= ► pot Needed - �'' n ,i ■ ■O• ; �yn -+ - p,■■■■ In r� �. ♦ Ilnt•a : ♦ ♦ • _ . , _ ., ♦ ,,,,un/ :a1nf0 �. �a /Arnr�:na.aa `! +� . Oq /.' /■ - IIlf�i /, _ 411111► ►. , ► ►� \,�rr i� C- I - Idlwla :■■■tlt. /lnl ��'�� i i� �: ��`� �'. Ilir. .. s. ••t in■, ri :nl..nnnntll: :1OIIO � T I, ieG .noon �► ♦Ii .:. i�� one .b. o....• a� <�i - • - • • - •_ � : :i nlll .� l� p i� t • Ir��f1r-71pR. .. . 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Inglis = . - - . - - . . - G�'.: . _■. •nm _• �...ra'�O���II - :: flmu•.u�•. ....root,. •• _ - nt G�.:•'.,.. : fun ■► G�i n.•p �y��....•,'.4 .:. .,untm„ 1 uuna ,t • -Into. ago I : ..uuw ' /siu�► .uu ....umm � �1 ., • , ual• ` °� ,a�. 0 0.2 0.4 0.6 0.8 Miles Base Map Bonestroo Rosene Andedink B Associales December 2008 147 ingle Family Redevelopment tlottununnn :�puu;!unnunnnnunmm�uu■ - C Re isn � � t ..iii == Renovation, Improvement N••a ► r �i'. ♦ 4�■', u� tlU .. Ii1 , r ', 11 • J` � G �imr .� tl. rir,nr _ ■a .^I _p •: Aa Needed :•r OJ Op i•ai _•:,.•�; ,rte! ,,,,un/ :a1nf0 �. �a /Arnr�:na.aa `! +� 117,11 Use of Bus Garage Site s. In Place Industrial Issues • . _ ::: is � �rll����l1 t • Ir��f1r-71pR. .. . Medium De nsity +� � tub_ ■lau. ::.:VI _� .Ii► .. • ::► - �: Inn■ _�I� � • - - 111. . anOaaaf/ ,x nnnta •• ap In Place Industrial Issues • �i r : �$4�:iA/ Irregular City Bounda c .• oalr.... Single Family Redevelopment :au ►1111 ::: -.. - • E•'�a '•.'�:..� .motion e Appearance of Back - -- .o`:O:• : f Shopping Center - -.- -.. •... .u►ai: �. +� mot �;,, 91111111110 allnn... ... ... .. _ uuun.. _ �- . door Stora • - . - - n.. ..rm -.,►\ /ry:., .. ..mrlulrlrm fw i�6a .'' •nnunn ■•1■rrrrrlm■...: ► .Ilrr nuunuum .� • r 1) ��� nn ■/t �n n■ ,�, nm n.l ■■glrllm# Clla I, I I I r ,r�i11 � � �.I.. . Intersecti �1 ., • , ual• ` °� ,a�. 0 0.2 0.4 0.6 0.8 Miles Base Map Bonestroo Rosene Andedink B Associales December 2008 147 Land Use COMMERCIAL Commercial uses occupy 4.5 percent of the City's total land area. The vitality and image of the City's commercial area is a primary concern of the City. New Hope's shopping areas display a declining image through building appearance, vacancies, and erratic commercial land use patterns that provides little continuity for business interchange between the various commercial areas. In an effort to respond to the commercial land use concerns related to the function and vitality of the City's commercial areas, the following strategies will be implemented: In 2007, New Hope established Community Design Guidelines to be adopted as part of the City's Comprehensive Plan. The primary purpose of the Design Guidelines is to: • Reinforce the community's vision for development. • Foster high quality architecture and site planning. • Encourage creativity in accomplishing design goals. • Protect public and private investment in buildings and infrastructure. The Design Guidelines establish architectural, site design, and performance standards in the following areas: a. _Buildinq Design. Fagade treatment, ground level expression, window and door openings, roof design, building materials, color, and franchise architecture. b. Building Placement /Site Design. Parking areas, parking structures, pedestrian areas, common space, landscaping, site improvements, and preferred trees. C. Lighting. Fixture design, light levels. d. Signage. Wall signs, sign design, illumination, freestanding signs. e. Streetscape Treatment. Hierarchy of streets, gateway, parkways, commercial streets, local streets, sidewalks, and transit facilities. Stormwater Treatment. Impervious surface, alternative technologies, detention ponds, infiltration, bio- filtration, multi - functional systems, and rooftop collection. f City of New Hope Comprehensive Plan Update Development Framework 215 Land Use The application of the Design Guidelines is intended to improve the identity and environment of the City's commercial, industrial and high density residential areas. These guidelines establish New Hope's vision for future site improvements, new development, and redevelopment efforts throughout the City. 2. Redevelopment efforts in commercial areas shall promote commercial land uses as a first priority. However, the City will consider the introduction of compatible and complementary alternative land uses as part of the commercial redevelopment projects if it will enhance the commercial vitality on a City -wide basis. 3. Aggressively pursue the redevelopment and /or renovation of the Winnetka Center, Kmart Center, Midland Center, and the shopping center at Winnetka Avenue North and 62 Avenue North to enhance both the physical appearance and tenant composition of these centers in an effort to improve the customer draw to New Hope's commercial areas. 4. Coordinate and integrate redevelopment efforts to include all of the shopping centers in the City Center area of New Hope to promote easy access, shared parking and pedestrian movement between the shopping centers to promote business interchange between these shopping centers. 5. As opportunities present themselves, redevelop and assemble small commercial sites to create larger commercial lots capable of accommodating contemporary office, retail, and service providers. Specific land assembly target areas include sites along Bass Lake Road east of Winnetka Avenue, 42 Avenue east of the railroad tracks, and Medicine Lake Road east of Hillsboro Avenue. 6. Work cooperatively with the City of Crystal to establish a cohesive commercial image along Bass Lake Road between Winnetka Avenue, and Highway 81. 7. Consider a reduction in the shopping center parking standard and promote shared parking arrangements in an effort to reduce parking lot size and create additional commercial building sites that would complement the shopping centers. 8. The City will promote a business friendly attitude through the community promotion and ongoing examination of City regulations impacting businesses (e.g., zoning, signage, business licensing) to keep New Hope businesses competitive with adjoining communities. 9. To enhance the commercial image and to unify the identity of New Hope's commercial areas, the City will implement a uniform streetscape design to establish a common design theme throughout the various commercial locations. City of New Hope Comprehensive Plan Update ;y � ( Development Framework vr 216 Land Use In addition to the general commercial land use recommendations, the Land Use Plan calls for the following changes in commercial land use patterns: 1. The commercial area at the southwest corner of West Broadway and 62 Avenue is proposed to be redeveloped as mixed use. 2. Commercial land uses have been expanded along the east side of Winnetka Avenue just north of Medicine Lake Road to include a non - conforming multiple family site. This land use change is proposed to establish a contiguous land use pattern along Winnetka Avenue between Medicine Lake Road and Terra Linda Drive. 3. Commercial land uses have been expanded to two sites located at the corner of Hillsboro Avenue and Medicine Lake Road. MIXED USE The commercial land use description on pages 215 -216 recommends the pursuit of redevelopment of select City Center commercial sites. Within the City Center area, the promotion of commercial land uses is the City's first priority. However, the City may also consider the introduction of complementary, alternative land uses that will enhance the areas and provide support for the commercial use. Commercial mixed use land use category maintains the commercial land use as a priority but may also allow for residential land uses in an integrated site design. Residential densities that may be considered within a mixed use redevelopment would be medium density housing at 10 units per acre or high density housing options at 23+ units per acre. The City has not immediate plans for a mixed land use redevelopment within City limits. This land use category gives the City the flexibility to consider alternative land uses when City Center redevelopment opportunities become available. Any future Comprehensive Plan amendments to allow a mixed land use for the City Center will require City approval of a redevelopment master plan. Through the redevelopment plan review, the City will define the balance between commercial and residential land uses and the range of residential densities that may be allowed. City of New Hope Comprehensive Plan Update Development Framework 217 Land Use COMMERCIAL REDEVELOPMENT TARGET AREA ACREAGE Maintenance 3.74 acres Redevelopment 45.63 acres Maintenance / Redevelopment 15.10 acres Maintenance includes upkeep, improvements, renovation, or rehabilitation of existing commercial buildings. No expansion of the existing buildings is anticipated. Redevelopment of commercial areas is anticipated to achieve between 25 percent to 30 percent building coverage, resulting in between 496,000 to 596,000 square feet of new commercial, retail, service, or office floor space. The identified redevelopment sites are currently active retailing locations. The City has no definite timeframe for redevelopment. The City has also identified 15.10 acres of commercial property as Maintenance / Redevelopment. These sites are a lower priority for the City. The City will emphasize maintenance until an opportunity arises to promote a larger redevelopment project. City of New Hope Comprehensive Plan Update a Development Framework 218 Uto =014XIL r4 oo 2 Redevelopment Maintenance Maintenance/ Redevelopment Water Outside City Limits F 0.25 0.5 0.75 1 mmm -- PINNOWIMM i Miles NORTHWEST ASSOCIAtgP CONSULTANTS, INC lap: Bonestroo Rosene Anderlink & Associates December 2008 219 GOLDEN VALLEY To: Planning Commission From: Curtis Jacobsen, Director of Community Development Date: November 25, 2009 Subject: Miscellaneous Issues NOTE: The purpose of this miscellaneous issues memo is to provide commissioners with additional detail on Council /EDA actions on Community Development related issues or other city projects. November 9 Council /EDA meeting The following planning / development/housing items were discussed: • Project #845 Resolution approving a joint powers agreement between the city of New Hope and the city of Brooklyn Park for the Winnetka Avenue infrastructure improvements Approved, see attached Council request. • Public Hearing - Resolution authorizing the issuance_ a sale of health care facilities revenue bonds (St Therese Home Inc) in one or more series, and authorizing the execution of necessary documents Approved, see attached Council request. 2 3 • Discussion regarding the recipient of the Fall 2009 New Hope Outstanding Business Award Selected Arc Value Village as the fall recipient. November 16 Council work session - The following planning /development/housing items were discussed: • Project #842 Update on the City Center redevelopment by Ryan companies See attached Council request. • Review of on -sale intoxicating liquor license requirements See attached Council request. • Discussion regarding Planning Commission vacancy - Staff was directed to contact the three persons interviewed in June of the vacancy to determine whether they are still interested in serving on the Planning Commission, and to advertise the vacancy in the event there are other persons in the community who may be interested in submitting an application. November 23 Council /EDA meeting - The following planning / development/housing items were discussed: • Presentation of the Fall 2009 New Hope Outstanding Business Award to Arc's Value Village Presentation of award. Miscellaneous Issues Page 1 10/30/09 4. Codes and Standards Committee - The Codes and Standards Committee met in November to discuss the following issues: solicitors licenses, massage parlors, temporary signs, vacant property registration, rental registration, and corner lots. Two items will be placed on the December Planning Commission agenda (temporary signs and corner lots). Committee meetings will now be held on the third Wednesday of the month at 6 p.m. Committee members will be contacted for either a December or January meeting. 5. Design and Review Committee - The Design and Review Committee met in November with the Clearwire applicant. 6. Commission Re- appointments - The three -year terms for Commissioners Landy and Houle expire on December 31. Letters have been sent to inquire if they are interested in re- appointment. 7. Miscellaneous Article - Minimal Impact Design Standards: Enclosed is information regarding a new stormwater runoff program. 7. Planning Commission Minutes - A copy of the July 7 minutes are attached for your review. Please remember that all approved minutes are posted on the city's website. 8. If you have any questions on any of these items, please feel free to contact city staff. Attachments: Winnetka Avenue infrastructure improvements St. Therese Home revenue bonds Fall outstanding business award City Center update On -sale intoxicating liquor license ordinance Planning Commission vacancy Memo from Wenck Associates July 7 Planning Commission minutes Miscellaneous Issues Page 2 10/30/09