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ANDOVER CITY PLANNING COMMISSION /

BOARD OF ZONING APPEALS

August 23, 2000

Minutes

 

The Andover City Planning Commission reconvened the recessed meeting of Tuesday, August 15, 2000 on Wednesday, August 23, 2000 at the Andover Civic Center.  Members present were John McEachern, Joe Robertson, Ron Roberts, Quentin Coon, Lynn Heath, Charles Malcom and Sheri Geisler.  Others in attendance were Jim Orr, City Council Liaison; Les Mangus, Zoning Administrator; Jeff Bridges City Clerk/Administrator and Pam Darrow, Administrative Assistant.   Lori Hays was absent.

 

The meeting was called to order by Chairman John McEachern at 6:22 p.m.

Call to order.

 

 

The changes included:

 

Page 2              103Q (1) Definitions:    Clarification of the definition of AGL (Above Ground Level) - added from ground at base of structure.”

Page 6              103Q (2)a. Co-location requirements - what area had to be searched.

Page 7              103Q (3)  Construction Requirements: Changed to state “qualified Radio Frequency Engineer.”

Page 9              103Q (5)e Setbacks Added “surface mounted panel.”

Page 10            103Q (6). Height Limitations.  Changed description and added AGL and the title of Comprehensive Plan.

Page 10            103Q (6) final paragraph. Height Limitations Added “surface mounted panel.”

Page 12            103Q (12) Interference with Public Safety Communications.  Changed to “preliminary” intermodulation study.

Page 13            103Q (13) a (3) Additional Submittal Requirements.  Clarified “capacity, ability to allow co-location.

Page 14            103Q (15) Applicant Bonds.  Added “Applicant” prior to Bond.

 

Les Mangus stated that Norman Manley, City Attorney, is hesitant about a bond, as a bond could last 50 years or more.  Norman Manley suggested enforcement like any other ordinance, certify abatement of a nuisance to taxes.  Les Mangus did not feel that would be a good idea because the cost of removal could exceed the value of the property, and no recovery of expenses would be seen by the City by Sheriff’s sale of the property for unpaid taxes.  He also stated that on some land, towers are on are only a small portion of a parcel of land.

 

Jim Orr asked that Les Mangus explain the bond amounts.  Les Mangus suggested we talk to wireless communication facility builders about the cost of tearing down facilities to ascertain a price for removal.  Les Mangus also stated that Norman Manley stated there is no problem with a registration fee as long as it covers our costs to oversee, do paperwork, inspect the property, etc. 

 

Charles Malcom asked what Wichita did about a registration fee.  Les Mangus stated that this issue was not addressed by Wichita. 

 

Charles Malcom asked if Bill King could speak to the issue.  The Chairman received a consensus of the Commissioners and he was permitted to speak to the issue.

 

Mr. King stated that in his wireless communication facility lease, the lease requires the lessee to remove footings and towers.  He also stated that some provision indeed needs to be made for wireless communication facility removal.  He stated that costs are always an issue for a business man, included costs of bonds and registration. 

 

Les Mangus stated that bond could only be 1-5% of the cost of tearing down of a facility. 

 

Jim Orr stated that the conclusion from the sub-committee meeting was that the bond and application was not in this document’s scope and should be addressed in a separate document.

 

 

Motion was made by Charles Malcom to recommend the Review Criteria for Wireless Communication Facilities to the City Council.  Quentin Coon seconded the motion.  The motion carried 7-0.

 

 

 

Motion to adjourn by John McEachern.  Quentin Coon seconded the motion.  The motion carried 7-0.