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120517 Planning1. CALL TO ORDER 2. ROLL CALL 3. CONSENT BUSINESS PLANNING COMMISSION MEETING City Hall, 4401 Xylon Avenue North Tuesday, December 5, 2017 7:00 p.m. 4. PUBLIC HEARING 4.1 PC 17-15, text amendment to Section 13-7 of the New Hope City Code related to park dedication fees. 4.2 PC 17-16, text amendment to Section 3-50 (Sign Code) of the New Hope City Code related to on -premises directional signs. 4.3 PC 17-17, text amendment to Section 4-3(d)(4) of the New Hope City Code relating to the irrigation moisture sensors for landscaped areas. 4.4 PC 17-18, text amendment to Sections 1-4, 3-50, 4-30, 4-34, 6-9, and 13-3 of the New Hope City Code related to the requirement of posting land use petition sign during zoning requests. 4.5 PC 17-20, text amendment to Section 6-14 of the New Hope City Code related to the Small Cell Bill and right-of-way management. 4.6 PC 17-22, text amendment to section 4-3(b)(6) of the New Hope City Code relating to the screening of air conditioning cooling structures. 5. COMMITTEE REPORTS 5.1 Design and Review Committee - next meeting tentatively December 14, 2017 5.2 Codes and Standards Committee - next meeting? 6. NEW BUSINESS 7. OLD BUSINESS 7.1 Approve November 7, 2017, Planning Commission Minutes. 8. ANNOUNCEMENTS 9. ADJOURNMENT Petitioner must be in attendance at the meeting Planning Case: Petitioner. Planning Request: I. Request PLANNING CASE REPORT City of New Hope Meeting Date: December 5, 2017 Report Date: December 1, 2017 17-15 City of New Hope Park Dedication Fees The city requires the dedication of parkland or fees to fund them as a result of higher demand associated with new development. The dedication of parklands or payment of cash in lieu thereof is required for platting, re -platting, subdivision, or lot division allowing the development of land for residential, commercial, industrial, or other uses or combination thereof. According to the League of Minnesota Cities, case law and state statute require an "essential nexus" between the fees or dedication imposed and the municipal purpose sought to be achieved by the fee or dedication. The fee or dedication must bear a rough proportionality to the need created by the proposed subdivision or development. The requirements apply to the following scenarios: 1. The creation of at least one additional lot or the addition of at least one dwelling unit. 2. The combination of lots for the purpose of development involving changes or mixed land uses or the intensification of uses. 3. Planned Unit Developments (PUD), as defined and regulated by the zoning code. In the case of payment of cash in lieu thereof, the city of New Hope charges the following fees: Current park dedication fees in New Hope 1 family dwelling 2 family dwelling 3+ family dwelling Commercial &/or industrial subdivisions $1,500 per unit $750 per unit $500 per unit, not to $2,500 per acre exceed 5,000per acre By limiting the maximum fee charged to multifamily properties to $5,000 per acre, the city does not collect park dedication fees for more than ten units per acre. For example, if a developer were to build a 100 -unit apartment building on three acres of land, they would pay $15,000 ($150 per unit) in park dedication fees as a result of the per acre cap. If the per acre cap did not exist, the developer would be required to pay $50,000 ($500 per unit) in park dedication fees. At the direction of the City Council, staff researched 2016 park dedication fees for 30 Minnesota cities. The data was obtained from the Metro Cities Association of Metropolitan Municipalities and was shared with the Codes and Standards Committee at the August 3, 2017, meeting. Planning Case Report 17-15 Page 1 12/5/17 Residential Of the cities that were surveyed, 23 charged a flat fee per unit, five charged a percentage based on the fair market value of the land being subdivided based upon the current assessed value, and two did not charge residential park dedication fees. The averages are shown in the following table. Residential park dedication fees for other cities (per unit) Flat fee average — per unit $3,570 Flat fee average — per unit, excluding cities that do not charge $3,881 Fair market value uercentaRe average 5.6% Nine of the surveyed cities had differing rates for multifamily development, which can be viewed in the attached spreadsheet. Commercial As for park dedication fees for commercial projects, 18 of the 30 cities charged a flat fee per acre, ten charged a percentage based on the fair market value of the property, and two did not charge park dedication fees. One city charged a trail dedication fee for commercial projects, in addition to the park dedication fee (not included in averages shown in table). Commercial park dedication fees for other cities Flat fee average — per acre $6,313 Flat fee average — per acre, excluding cities that do not charge $7,01.4 Fair market value percentage averse 6.8% Industrial The formula for calculating park dedication fees for industrial projects was slightly different for some cities. Of the 30 cities that were surveyed, 15 charged a flat fee per acre, nine charged a percentage based on the fair market value of the property, four charged a flat fee per 1,000 -square feet, and two did not charge residential park dedication fees. Industrial park dedication fees for other cities Flat fee average -- per acre $6,464 Flat fee average — per acre, excluding cities that do not charge $7,326 Flat fee average — per 1,000 -square feet $317 Fair market value percentage averse 8% Use of fees Park dedication fees must bear a rough proportionality to the need created by the proposed subdivision or development. The fees must be based on fair market value of the unplatted land for which park fees have not already been paid. Park dedication fees received must be used for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space. Fees cannot be used for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space. Planning Case Report 17-15 Page 2 12/5/17 Opposition to park dedication fees Arguments opposing park dedication fees generally relate to concerns about deterring developers, detracting from development projects, and use of the funds. Critics also argue that senior housing projects do not result in an increased demand for parkland. The city of Lakeville, for example, charges 25% of the standard park dedication fee for assisted -living units and does not charge park dedication fees for memory -care units. 11. Recommendation The Codes and Standards Committee was in favor of increasing park dedication fees to reflect increases in taxable land value in the city and align with need created by new subdivisions or developments. Charging based on a percentage of fair market value only considers current assessed value of the land, as opposed to what will be constructed in the future as well as the needs of future stakeholders. Park dedication fees are intended to pay for parks that will meet the needs of residents, employees, and visitors. Future uses and density should be considered when determining a fee structure. For those reasons, staff recommends eliminating the existing per acre cap and increasing park dedication fees. In collaboration with the director of parks and recreation, staff developed the following proposed fee schedule, which would more closely reflect the demands associated with new development in the city. Proposed park dedication fees in New Hope 1 family dwelling 2 family dwelling 3+ family dwelling Commercial &/or industrial subdivisions , erg $3,000 per unit er�xit $1,500 per unit , exceed $5,000 per .ere T-�� .=inn -- r p ^- ----- $5,000 per unit $1,000 per unit When considering the previous example of a 100 -unit apartment building on three acres of land, the proposed park dedication fee structure would require a developer to pay $150,000 ($1,500 per unit) in park dedication fees as opposed to the current fee of $15,000 ($150 per unit) due to the per acre cap. If the per acre cap did not exist and the fees remained as is, a developer would be required to pay $50,000 ($500 per unit) in park dedication fees. It is not recommended that the city discount or exempt assisted -living facilities due to the possibility of converting facilities into standard apartments or condominiums in the future. Attachments • Ordinance 17-13 • Park dedication fee comparison table • Residential park dedication fee graph • League of Minnesota Cities "Subdivisions, Plats and Development Agreements" memorandum Planning Case Report 17-15 Page 3 12/5/17 ORDINANCE NO. 17-13 AN ORDINANCE AMENDING SECTION 13-7 OF THE NEW HOPE CITY CODE RELATED TO PARK DEDICATION FEES THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 13-7(i), is hereby amended to delete the stricken text and add the underlined text as follows: (i) Park dedication. (1) Dedication required. As a condition of approval of any plat, replat, subdivision or lot division allowing development of land for residential, commercial, industrial or other uses or combination thereof, a reasonable portion of the buildable land to be divided must be dedicated to the public or preserved for public uses as parks, playgrounds, trails or open space. This requirement applies to plats, replats, subdivisions or lot divisions that (i) create at least one additional lot or provide for at least one additional dwelling unit, or (ii) combine lots for the purpose of development involving changes or mixed land uses or the intensification of uses, or (iii) consist of a planned unit development as defined and regulated by the zoning code. The city shall reasonably determine if the buildable land proposed for dedication is suitable for public recreational use based on the following factors. Further, the dedication required by this section is in addition to dedication required for streets, roads, utilities, storm waterponding areas or similar utilities and improvements a. The land must be conveniently located to the intended users being served by the dedication. b. The dedicated buildable land must be adequate in size, shape, topography, geology, hydrology, tree cover, access and location for future park needs consistent with the city's comprehensive park plan. c. Wetlands, ponding areas and drainage ways are not suitable for park dedication credits. Dedicated park land must be above the ordinary high water level as determined by the city engineer. d. Land with grades exceeding 12 percent is not suitable for park dedication e. Land contaminated by any pollutants or containing trash, junk and/or unwanted structures is not suitable for park dedication. (2) Amount required. The amount of land required for dedication is based upon the gross land area to be subdivided and equals the land the city reasonably finds it will need to acquire for park or other recreational purposes as a result of approval of the land division. Generally, ten percent of the gross land area to be subdivided must be dedicated for residential subdivisions and five percent for commercial and industrial subdivisions. (3) Cash payment in lieu of dedication. The city may require a cash payment in lieu of land dedication. In determining to require payment or dedication, the council will consider such factors as whether the land is needed in the proposed location, whether the proposed dedication is suitable for the intended use and whether a cash payment would be more beneficial to development of the entire park system. (4) Amount of cash payment. The cash payment in lieu of dedication is set forth in the Fee Schedule.aetenni ed h the fair , value of the „a; de landdAas ddet e �� +VL{ V j' L11V illuraci: rwv ,1L, u..r,yVl at the +llle f final plat approval, ieludi ,, +w,y-pl , aaddea by "isting u....t...U, u......1s and .,1,...r pub..., impre-,�enieRts serAng thepwperty, deteffnined by applying the appropriate pefeeHtage sWed ia siibseetien (i)(2) to the fa market value as defermined by the asseasse-F. The ma*imum e pa�anent ia lieu of land Ye shall be .ale,iated as follaims- a. Sin&-family dwelling.! $1,500.00 per- unit b. Two family . $750.00 per- nit e. MWtiple family dwL41ings (93fee or- more); $500-00 pef unit oet to exeeed S5,000.00 aefe $2,500.00 (5) Park and open space fund. Cash payments in lieu of dedication are payable at the time of final subdivision approval. The payment must be placed in a special fimd established by the city to be used solely for the purposes of acquisition, development or improvement of parks, playgrounds, trails, open space or as otherwise provided by Minnesota Statutes. (6) Partial dedication. The city may accept a dedication of land in an amount less than that specified in subsection (i)(2) and require a cash payment equivalent to the balance of the dedication requirement. The partial cash payment is determined by subtracting the percentage of land actually dedicated from the percentage of land required to be dedicated under subsection (i)(2), and applying the resulting percentage to the fair market value of the proposed subdivision. (7) Credit for private land. A credit of up to 25 percent of the dedication requirements may be awarded for park and open space that is to be privately owned and maintained by the future residents of the subdivision. A credit will not be awarded unless the following conditions are met: a. Private open space may not be occupied by non -recreational buildings and must be available for the use of all the residents of the proposed subdivision; b. Required building setbacks will not be included in computation of private open spaces; c. Use of the private open space must be restricted for park, playground, trail or open space purposes by recorded covenants that (i) run with the land in favor of future owners of property within the subdivision and (ii) cannot be defeated or eliminated without the consent of the city council; d. The private open space will be of a size, shape, location, topography and usability for park or recreational purposes, or contain unique features which are important to be preserved; and N e. The private open space must reduce the demand for public recreational facilities or public open space occasioned by development of the subdivision. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this _ _ day of 2017 ATTEST; Valerie Leone, City Clerk Kathi Hemken, Mayor 3 2016 Park Dedication Results Twin Cities Metro Andover 2.962 $8.849 Acre Apple Valle $1,935 $4,512.08 - Townhouse, $3,175.37 - Multi FamilyfApartment $1,272 1,000 Sq. Ft. Blaine $3.744 $8,704 Acre Bloomington $5,700 $585 1,000 Sq. Ft. Brooklyn Center $0 $0 Acre Brooklyn Park $4,600 $8,000 Acre Burnsville $2;717 $17,500 Acre Chanhassen $5,800 5, - Duplex, $3,800 - Multi Family $12,500 Acre Champlin $4,370 $8,323 Acre Cottage Grove $3,400 4% FMV Crystal 2% 2% FMV Eagan $3,730 Additional Fall Ded. ee: u5b, $3,678 - Duplex, $3,888 - Townhomes/Multi Family, $3,629 -Apartment $913 + $1,276 Trail Dedication Fee 1,000 Sq. Ft. Eden Prairie $6,500 $5,500 - Multi Fami y $11.500 Acre Falcon Heights 8% 10% FMV Fridley $1.500 $1.000 Acre Golden Valle 4% 4% FMV Inver Grove Hi hts $2,850 $7,000 Acre Lakeville $3,781 2, - Townhouse, $1,952 - Multiple FamiN $7,693 Acre Little Canada $3,500 $1.950 - 9 Units+ 7% FMV Maple Grove $3,993 3,194 - Multi Family, $2,995 Affordable $11,000 Acre Maplewood $3,540 9% FMV Moundsview 10% 10% FMV Oakdale $2,800 $491 1.000 Sq Ft. Phnouth $8,000 $8,000 Acre Richfield $0 $0 Acre Roseville $3,500 7% FMV Shakopee $5,340 $4,450 - Multi Family $6.930 Acne Shoreview 4% , 2.1-3:5%, 3.1-4: 6%, 4.1-5: 7% 5.1+:10% 10% FMV St Loins Park $1,500 Additional Trail Ded Fee $225 5% FMV Woodbu $3,500 $6,000 Acre 2016 Residential (Per Unit) 2016 Commercial Total $ Avera a $3,570 $6,313 Total $ Avera Remove $0 $3,889 $7 014 Total % Avera a 5.6% 6.8% 2016 Residential (Per Unit) $8,000 $7,000 $6,000 $ 5,000 $4,000 $3,000 $2,000 $1,000 $0 .� czt mea Qm oma+ a� ba, � � aim cwy ,m� �m as �� C\ oa ac \cam �� so Gmc �rE\ ya r° cc�•a ��SQ a tri a a �•� cao eco (f oyea� aoJ �e�o �ca�O 0`a aey C��o acoQ Qa CoQ `c� a` Q�a� 4 oO �10 Q gam 4o Q� 0J O ore p a0e , Q. dao° aQ Qpm Lr o� bra o� �ioo� yti, pQ a tOc G° gga bio ego e tGUEINFORMATION MEMO Lir A Subdivisions, Plats and Development CITIES Agreements Regulating the division of land is a powerful tool in implementing any municipal comprehensive land use plan. Read a summary of the most basic laws associated with subdivisions, plats, and development agreements. Learn about land dedication for infrastructure, park dedication fees, the subdivision approval process, development agreements and exceptions and alternatives to city subdivision authority. RELEVANT LINKS: 1. Review of land use terms For an overview of To understand how land -use tools regulating the division of land work it is comprehensive planning and land use see Handbook, ch, important to have an understanding of some basic terms. 14. A. Plat A "plat" is a technical drawing or map that shows the lot lines or parcel boundaries, as well as the location of road right-of-way and utility easements. B. Subdivision A "subdivision" is the division or separation of a large tract of typically unimproved land under single ownership into smaller units, lots or parcels. C. Development agreement A "development agreement" is a contract that a city may enter into with a landowner or developer upon subdivision that details how associated infrastructure will be accomplished. II. Chapter 505 plats Plats are technical drawings delineating one or more parcels of land drawn to scale depicting the location and boundaries of lots, blocks, outlots, parks, and public way. Plats are prepared and recorded in conformance with state law, and must contain a certification by a land surveyor and be approved by the county surveyor. The 2007 Legislature rewrote state law to reflect changes in platting and surveying standards, technologies, and processes. Sometimes a subdivision is said to be the same as a plat, but that is not always true, and the differences between the two can be important in some scenarios as noted below. This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. 145 University Ave. West www.Imc.org 811212013 Saint Paul, !VIN 55103-2044 (651) 281-1200 or (800) 925-1122 (1) 2013 All Rights Reserved RELEVANT LINKS: Minn. Stat. § 505.03. See Section III, Subdivision ordinance authority. Minn. Stat § 462.358 See LMC information memo, Subdivision Guide fpr Cities. Minn. Stat § 462.358, sub -1. 2a. Plats shall be presented for approval to the city in which the land is located. Plats that document a subdivision of land are subject to the approval of the city council exercising its authority over the subdivision of the land. The 2007 Legislature provided that plats that only delineate existing parcels or comply with a minor subdivision procedure may be approved by a local government official designated by the city council. If a city does not have subdivision regulations under its Minn. Stat. § 462.358 authority, it may nonetheless be presented with plats for approval under Minn. Stat. § 505.03. Without a subdivision ordinance, a city's authority is limited to technical review of plats, and authority to withhold approval to such plats would seem somewhat limited. III. Subdivision ordinance authority State law authorizes cities to regulate subdivision of land within the municipality. The subdivision ordinance generally can extend its application to unincorporated land within two miles of city limits if the township has not adopted subdivision regulations. Although the subdivision ordinance is sometimes viewed as secondary to the zoning ordinance, in communities that are not fully developed and have open land, the subdivision ordinance is arguably more important than the zoning ordinance in affecting future land use patterns. Minnesota cities have a considerable amount of latitude in the regulation of subdivisions. But that latitude must be exercised through the subdivision ordinance by laying out specific standards and requirements that must be met for subdivision approval. The statute explains that: "The standards and requirements in the regulations may address without limitation: the size, location, grading, and improvement of lots, structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply, storm drainage, lighting, sewers, electricity, gas, and other utilities; the planning and design of sites; access to solar energy; and the protection and conservation of flood plains, shore lands, soils, water, vegetation, energy, air quality, and geologic and ecologic features." A. Minimum internal development standards Because the statutory power provided is wide in scope, subdivision ordinances can vary greatly from city to city. The goal of the subdivision standards is to help the city envision the "look and function" of the new development when it reviews an application for the division of land. At a minimum, most subdivision ordinances have standards and require information about: League of Minnesota Cities Information Memo: 8112!2013 Subdivisions, Plats and Development Agreements Page 2 RELEVANT .INKS: • The layout and width of proposed road rights-of-way and utility easements. • Road grades and drainage plans. • Plans for water supply, sanitary sewer or sewage handling and treatment; and • Stormwater management. Many subdivision ordinances also have standards and requirements related to such things as: • Lot size and front footage. • Block or cul-de-sac design. • Alleys, sidewalks, and trails. • Erosion and sediment control. • Tree preservation; and • Protection of wetlands and environmentally sensitive areas. B. Minimum External Development Standards An important consideration to include in the ordinance is how a proposed subdivision will relate to adjoining land uses, such as the connection of one neighborhood to another via roads, trails and open space, and how they relate to shared community services such as schools, parks, and public safety stations. Cities should require compliance with the external standards of the ordinance. There are at least two ways to approach these requirements. 1. Premature subdivision Some ordinances provide that a subdivision may be deemed premature and therefore denied. The ordinance should detail conditions that could make a subdivision premature such as lack of adequate drainage, water supply, roads or highways, waste disposal systems, inconsistency with the comprehensive plan, and lack of city service capacity. 2. Conditional approval Other ordinance provisions may condition approval on the construction and installation of streets, sewer and water facilities, and other utility infrastructure. C. Emerging issues There are some emerging issues cities should consider when drafting, reviewing, and amending subdivision ordinances, and that mean cities should work closely with planners and attorneys to address these issues, including: League of Minnesota Cities Information Memo: 8/112J2013 Subdivisions, Plats and Development Agreements Page 3 RELEVANT LINKS: Miura. Stat. § 505.01, subd. 1 Minn. Stat. § 462.358, subd. 2b See Appendix: Sample park dedication methodology. Wastewater treatment systems The capacity of current wastewater systems may limit future subdivision, and the permitting of new treatment facilities can be a challenge under environmental laws. 2. Stormwater management Large rain events combined with increases in impervious surfaces can overwhelm retention ponds and other stormwater handling systems; and subdivision ordinances may look to the on-site handling of stormwater to help out 3. Conservation design Subdivision ordinances may provide density bonuses and other incentives to cluster housing and development in order to preserve natural and agricultural lands. IV. Dedication of land Subdivisions require infrastructure such as streets, utilities, parks, and drainage systems to support those subdivisions. As part of subdivision approval, a city may require land be "dedicated" to the public for public purposes, such as for roads, utilities, and parks. Through the dedication, a city typically acquires the public easement or right-of-way over the land for the dedicated purpose, with the underlying landowner retaining ownership of fee title to the land. However, when the land dedication is for a park, the Chapter 505 provides that the dedication transfers fee title and not just public easement rights. If cities require dedication of land for park purposes, the statute sets some further specific restrictions. • The city must first establish these requirements by ordinance or resolution under Minn. Stat. 462.353 subd. 4a. • The city must also adopt a capital improvement budget and have a parks and open space plan component in its comprehensive plan. • The portion of land to be dedicated must be calculated based solely upon the "buildable" land as defined by municipal ordinance. • The municipality must reasonably determine it will need to acquire that portion of land for recreational and environmental purposes as a result of approval of the subdivision. League of Minnesota Cities Information Memo: 811212013 Subdivisions, Plats and Development Agreements Page 4 RELEVANT LINKS: Nollan v. California Coastal Commission, 483 U.S. 825 (1987). Dolan v. City of Tigard, 512 U.S. 374 (1994). Minn. Stat. § 462.358, subd. 2c Minn. Stat. § 462.358, subd. 2b 2013 Minn. Laws Ch. 85 Art. 5§41 • In establishing what portion of land must be dedicated or preserved, city regulations must also give due consideration to the public open space and recreational areas and facilities the developer proposes for the subdivision. A city cannot deny subdivision approval based solely on an inadequate supply of parks, playgrounds, trails, wetlands, or open space within the municipality. V. Park dedication fees As part of its park dedication requirements, as an alternative to accepting dedicated land, a city may accept an equivalent value of money. Known as "Park dedication fees" these fees have received considerable attention during the last several years. A. Setting fees Case law and the statute require an "essential nexus" between the fees or dedication imposed and the municipal purpose sought to be achieved by the fee or dedication. The fee or dedication must bear a rough proportionality to the need created by the proposed subdivision or development. If cities require park dedication fees in their subdivision regulations it must be done by ordinance or, depending on the amount of fees collected, by a fee schedule. In 2004, 2006, 2007 and 2013, the legislature amended the state statute provisions relating to park dedication fees. The park dedication fee now must be based on fair market value of the unplatted land for which park fees have not already been paid. If the land in question is subject to a comprehensive plan - eventually scheduled to be served by municipal sanitary sewer, water service or community septic and private well - then the city may include that fact in determining the fair market value. Cities must collect the fee at the time of final plat approval. For purposes of redevelopment on developed land, the municipality may choose to accept a fee based on fair market value of the land no later than the time of final approval. In 2013, the legislature further addressed the fair market value basis for park dedication fees. The statute now defines fair market as the value of the land as determined by the municipality annually based on tax valuation or other relevant data. If the city's calculation of valuation is objected to by the applicant, then the value shall be as negotiated between the city and the applicant, or based on the market value as determined by the city based on an independent appraisal of land in a same or similar land use category. League of Minnesota Cities Information Memo: 8/12/2013 Subdivisions, Plats and Development Agreements Page 5 RELEVANT LINKS: Minn. Stat. § 462.358, subd. 2b. Minn. Stat. § 462.358, subd. 2c B. Use of fees Fees received must be placed by the municipality in a special fund to be used only for the purposes for which the money was obtained. Park dedication fees received must be used only for the acquisition and development or improvement of parks, recreational facilities, playgrounds, trails, wetlands, or open space based on the approved park systems plan. Fees must not be used for ongoing operation or maintenance of parks, recreational facilities, playgrounds, trails, wetlands, or open space. C. Fee disputes If a city is given written notice of a dispute related to a proposed park dedication fee before the municipality's final decision on an application, a municipality must not condition the approval of any proposed subdivision or development on an agreement to waive the right to challenge the validity of a fee in lieu of dedication. An application may proceed as if the fee had been paid, pending a decision on the appeal of a dispute over a proposed fee in lieu of dedication, if all of these steps are followed: The person aggrieved by the fee puts the municipality on written notice of a dispute over a proposed fee in lieu of dedication.. Prior to the municipality's final decision on the application, the fee in lieu of dedication is deposited in escrow, and The person aggrieved by the fee appeals under section 462.361, within 60 days of the approval of the application. If such an appeal is not filed by the deadline, or if the person aggrieved by the fee does not prevail on the appeal, then the funds paid into escrow must be transferred to the municipality. Because of statutory changes and recent scrutiny of the use of park dedication fees, a city that relies on such fees should carefully examine -- in consultation with the city attorney -- its ordinance provisions and make any changes necessary to comply with current law. Review parkland dedication requirements to make sure there is a logical connection between the amount of the dedication requirement and the purpose for which it is used. For example, the city should be able to demonstrate that each new lot that is approved necessitates X amount of new parkland. (See appended Sample Park Dedication Methodology.) Also, the city should take steps to separately account for parkland dedication fees and make sure they are not used for ongoing park "operation or maintenance." League of Minnesota Cities Information Memo: 8/12/2013 Subdivisions, Plats and Development Agreements Page 6 RELEVANT LINKS: Minn. Stat. § 462.358, subd. 3b. See LMC information memo, Taking the Mystery out of Findings of Fact See LMC information memo, Land Use Variances, Vl. Subdivision approval process The subdivision statute generally requires cities to follow a two-step process in the administration of city subdivision regulations. First, the landowner applies for preliminary plat approval, and then subsequently for final plat approval A. Preliminary plat approval During the preliminary approval stage it is important to note that a city has the most discretion in evaluating the application against its ordinance, as a city cannot generally require significant changes after preliminary approval. The city must hold a public hearing on all subdivision applications prior to preliminary approval, following publication of notice at least 10 days before the hearing. A subdivision application must receive preliminary approval or disapproval within 120 days of its delivery, unless the applicant agrees to an extension. If no action is taken, the application will be deemed approved after this time period. (Note that this 120 day period differs from the usual 60 -day rule). Review of an application for a preliminary plat is a quasi-judicial determination, in which the city is tasked with determining whether the proposed subdivision meets the standards and the requirements of the city ordinance. An applicant must submit a plat that shows everything required by city ordinance. Because of the quasi-judicial standard, a city cannot generally deny an otherwise acceptable preliminary plat application for subdivision simply because the city council does not approve of the underlying proposed permitted use. If the application adequately addresses all of the ordinance standards and requirements, then the preliminary plat generally should be approved. If the application is denied, the municipality must adopt written findings based on a record from the public proceedings stating why the application was not be approved. B. Conditional approval A city may approve a preliminary plat along with conditions that must be satisfied for final plat approval. Conditions for how the final subdivision design will meet ordinance provisions often are quite specific. For example: Variances to subdivision regulations may be allowed where an unusual hardship on the land exits, but only on the grounds specifically identified in the subdivision regulations. If any public improvements are to be installed, an important condition may be entering into a development agreement between the city and the applicant, as discussed below. League of Minnesota Cities Information Memo: 8/12/2013 Subdivisions, Plats and Development Agreements Page 7 RELEVANT LINKS: Minn. Stat. § 462.358, subd. 3b. Minn. Stat. § 462.358, subd. 3c This is the time to impose conditions and address any and all concerns the application may generate. The term "preliminary" approval can be misleading because preliminary plat approval establishes the nature, design, and scope of a development project. After a plat is preliminarily approved, the city generally cannot require further significant changes. Once the conditions and requirements of the preliminary plat approval are satisfied, the applicant is generally entitled to approval of the final plat. C. Final plat approval After preliminary plat approval, the statute allows the applicant to seek final approval. If the applicant has complied with the conditions and requirements set out in the preliminary approval, the municipality typically must grant final approval within 60 days. Unlike preliminary plat approval, there is no required public hearing on the final plat. The final plat application must demonstrate conformance with the conditions and requirements of preliminary approval. An applicant may demand the execution of a certificate of final approval where the requirement and conditions have been satisfied. If the municipality fails to act within 60 days, the final plat application may automatically be deemed approved. After final approval has been received, a subdivision may be filed or recorded. After a subdivision has been approved, for one year after preliminary approval and two years after final approval, an amendment to the comprehensive plan or to the zoning ordinances will not apply to or affect the subdivision with regard to use, density, lot size, lot layout, or dedication or platting -- unless the municipality and the applicant agree otherwise. A municipality may require that an applicant establish an escrow account or financial security for the purpose of reimbursing the municipality for direct costs relating to professional services a city provides during the review, approval, and inspection of the project. VII. Development agreements In many cases, a condition of preliminary plat approval requires the city and applicant to enter into a development agreement. This is particularly important for the city if new public improvements such as roads, water and sewer, and stormwater systems are to be installed as part of the subdivision. The statute specifically authorizes the city in its ordinance to condition subdivision approval on the execution of a development agreement embodying terms and conditions reasonably related to the ordinance requirements. League of Minnesota Cities Information Memo: 8!12!2013 Subdivisions, Plats and Development Agreements Page 8 RELEVANT LINKS: A development agreement is a contract between a landowner or developer and the city that sets the understanding between the developer and the city regarding the design and construction of the particular project. It establishes the parameters under which the development will proceed, as well as the rights and the responsibilities of the developer and the city. Issues resolved in a development agreement include: • The design, installation and financing of public improvements. • Security for completion of improvements installed by developer, a cash deposit, certified Check, irrevocable letter of credit, bond, or other financial security. • Design of lighting, landscaping, sidewalks, underground utilities and other ,site plans issues; and • Coordination of construction with the installation of various utility improvements. Development agreements also typically detail who will build, pay for and own the improvements; provide the timeline for the construction or installation; and describe who is liable for any defects or claims. The agreement will detail how the infrastructure will meet city specifications, and document all of the required right-of-ways and land dedications, including agreement regarding park dedication fees if any. While a city cannot condition approval on agreement to waive the right to challenge the validity of a fee, it may condition the approval on a waiver agreement regarding costs associated with improvements to be installed. As part of the development agreement, cities should require the developer to provide financial security including a letter of credit from a reputable institution in order to cover costs were the installation of improvements to go awry or payments unmet. Finally, development agreements should contain provisions dealing with liability and indemnification, requiring the developer to have liability coverage and ideally to defend and indemnify the city for related claims. Because the agreement can be a sophisticated legally binding contract, it is extremely important for the city attorney to be involved before it is entered into. Vlll. Exceptions and alternatives Not all divisions of land are subject to a city's subdivision authority. Excepted under state statute are: League of Minnesota Cities Information Memo: 8/1212013 Subdivisions, Plats and Development Agreements Page 9 RELEVANT LINKS: Minn. Stat. § 462.358, subd. 3a • Separations where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses. • Cemetery lots. • Court ordered divisions or adjustments; and • Lot consolidation, since subdivision refers only to separation of land. Although such divisions may nonetheless go through the city's regulatory subdivision process, it appears cities are without authority to require them do SO. Not all subdivisions necessarily require the preparation of a plat. The state subdivision statute mandates that municipal subdivision ordinances require that all subdivisions should be platted which create five or more lots or parcels which are 2.112 acres or less in size. Subdivision ordinances may or may not require other subdivisions be platted. Further, not all subdivisions that require platting must necessarily require both a preliminary and then a final plat. The subdivision statute provides that the city ordinance may provide for the consolidation of the preliminary and final review and approval or disapproval of subdivisions. Some city subdivision ordinances will provide alternative procedures for certain types of "minor" subdivisions. When the city ordinance consolidates preliminary and final approval, it is sometimes called a simple plat. Often this is allowed if subdivision creates a minimum number of lots of a certain size and the plat does require creation of new roads. A different alternative procedure for minor subdivisions is for divisions of land for which the city is not requiring plats. Often called administrative subdivisions or lot splits, such subdivisions are typically accomplished with metes and bounds descriptions. IX. Review of important points City staff and officials should carefully evaluate every application for preliminary plat approval for compliance with the subdivision ordinance. Once the preliminary plat has been approved, the city has limited ability to revisit the issue of adequate compliance. If new public improvements or infrastructure are to be installed, then it is important to enter into a development agreement so the improvements will meet city standards and be completed in a timely fashion. Cities should periodically review their subdivision ordinances for consistency with comprehensive plan and current vision of future land use, particularly with regard to the city's capacity for wastewater, stormwater, and traffic. League of Minnesota Cities Information Memo: 811212013 Subdivisions, Plats and Development Agreements Page 10 RELEVANT LINKS: Jed Burkett 651.281.1247 jburkett@1mc.org League of Minnesota Cities. X. Further assistance LMCIT offers land use consultations, training and information to members. Contact the League's Loss Control Land Use Attorney for assistance. You can also learn more about land use issues in the land use section of the League's website. League of Minnesota Cities information Memo: 8/12/2013 Subdivisions, Plats and Development Agreements Page 11 Appendix: Sample Park Dedication Methodology (This is a sample of one methodology; a city is not required to take it into account.) Step 1. The city should conduct a parks study to generally determine what it would like to see in the community regarding parks, recreation, trails, and open space. That study should consider whether current facilities are sufficient to meet the needs of current residents. If there is a deficiency, the city should calculate what additional expenditures would be necessary to meet that city's desired parks plan. Step 2. The city should calculate the total amount of city parks, recreation, trails and open space, plus any additional amount to meet current, but unmet park goals. Step 3. The city should evaluate usage of city parks, recreation, trails, and open space with a goal of estimating the percentage of facilities that exist to serve residential landowners and percentage that exists to serve the needs of commercial development. In arriving at these percentages, it is helpful to consider the use of park facilities by businesses and their workers and the use by sports teams that may be sponsored by businesses. From this analysis, the city will be able to identify the percentage of its parks needs that should be met by residential development and what percentage should be met by commercial/industrial development, Step 4. The city then will use the results of step 2 and step 3 to calculate parkland acreage, per resident or per employee. The following examples may be helpful: Per Capita Residential Share/Per Capita Commercial Share Existing Park Lane and Trail Acreage 300 acres Residential Share 90% X 300 = 270 Acres Per Capita Residential Share 270 acres/15,000 residents (population) = .018 acres per Resident Commercial Share 10% X 300 = 30 acres League of Minnesota Cities Information Memo: 8!1212013 Subdivisions, Plats and Development Agreements Page 12 Per Capita Commercial Share 30 acres/1000 employees in city =.03 acres per Employee Step 5. Establish park dedications by ordinance. The amount of land to be dedicated as part of residential subdivision or plat will be equal to the per acre residential share (determined in Step 4) times the number of residents expected in the development or subdivision. To arrive at an amount in lieu of land dedication, take the per acre value of undeveloped land times the amount of land the city could have required to be dedicated. Step 6. To calculate the amount to be dedicated as part of a commercial development, multiply the per acre commercial share (determined in Step 4) by the number of employees expected in the development. To arrive at a cash payment in lieu of land dedication, take the per acre value of undeveloped commercial land times the amount of land the city could have required to be dedicated. Step 7. Make provisions in your ordinance to provide that these are the maximum amounts the city can charge and give the council discretion to vary from these requirements as a result of unique attributes of the development or to account for parks or open space that may already be included the development. (Note: The city is not required to take any of these considerations into account when arriving at the park dedication amount.) League of Minnesota Cities Information Memo: 811212013 Subdivisions, Plats and Development Agreements Page 13 PLANNING CASE REPORT City of New Hope Meeting Date: December 5, 2017 Report Date: December 1, 2017 Planning Case: 17-16 Petitioner: City of New Hope Planning Request: Directional Signs I. Request The City Code restricts on -premises directional signs to no more than two square feet in size, in which case a permit is not required. The number of signs on one parcel cannot exceed four unless approved by the City Council. The City Code defines a directional sign as one that is "erected with the address and/or name of a business, institution, church or other use or activity plus directional arrows or information on location." Several business owners have stated that they feel the size limit for on - premises directional signs is too restrictive and that such signs need to be larger in order to be useful/visible. At the August 3, 2017, Codes and Standards Committee meeting, staff was directed to determine a reasonable size for on -premises directional signs. II. Recommendation The Codes and Standards Committee was in favor of increasing the allowable size of on -premises directional signs from the current limit of two square feet. Staff recommends increasing the limit to three square feet, which is the same size as many of the yard signs (2' x 15) that are used to promote special events and fundraisers. It is also recommended that freestanding directional signs be limited to eight feet in height. Attachments • Ordinance 17-11 Planning Case Report 17-16 Page 1 12/5/17 ORDINANCE NO. 17-11 AN ORDINANCE AMENDING SECTION 3-50 (SIGN CODE) OF THE NEW HOPE CITY CODE RELATED TO ON -PREMISES DIRECTIONAL SIGNS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 3-50(f), is hereby amended to delete the stricken text and add the underlined text as follows: (f) Permit not required. The following signs shall not require a permit and are allowed in addition to those signs allowed by subsection (k) of this section. These exemptions however shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance and its compliance with the provisions of this Code or any other law or code regulating the same. (1) The changing of the display surface on an existing painted or poster display sign only. This exemption however shall apply only to poster replacement and/or on site changes involving sign painting elsewhere than directly on a building. (2) Temporary signs six square feet or less in - , not to exceed three feet in height, only in residential zoning districts. Said temporary sign shall not be erected for more than ten calendar days. (3) All noncommercial speech signs of any size posted in any number from 46 days before the state primary in a state general election year until ten days following the general election, and 13 weeks prior to any special election until ten days following the special election. (4) Official signs. (5) Flags or emblems of :a national, federal or state government or memorial signs thereof, displayed on private property. (6) One on -premises temporary sign shall be allowed per street frontage when a building is offered for sale or lease, provided that: a. Within the R (residential) districts, no sign shall exceed 12 square feet in area and six feet in height for single-family, two-family, townhouse, and quadraminium units; or 32 square feet in area or eight feet in height for multi -family or institutional uses. b. Within all other zoning districts and in those cases where a parcel of land exceeds ten acres, regardless of its zoning, no sign shall exceed 64 square feet in area or ten feet in height. (7) On -premises directional signs three square feet or less in area. Freestanding on -premises directional signs shall not exceed ei&t feet in height. The number of signs shall not exceed four unless approved by the city council. (8) A business may receive a one-time permit at no cost to place a "grand opening" or "now open" banner for 30 consecutive days from the opening date. The banner must follow size and setbacks requirements as outlined by the City Code. This permit will not count towards the number of allotted annual permits. (9) One on -premises temporary sign shall be allowed per street frontage in non-residential districts, stating "open during construction," when a business has an active building permit. The sign shall not exceed 50 square feet. (10) One on -premises temporary sign shall be allowed per street frontage in non-residential districts when a business is actively offering employment opportunities, not to exceed 50 square feet. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this day of 2017 ATTEST: Valerie Leone, City Clerk Kathi Hemken, Mayor 2 Planning Case: Petitioner: PLANNING CASE REPORT City of New Hope Meeting Date: December 5, 2017 Report Date: December 1, 2017 17-17 City of New Hope Planning Request: Moisture Sensor Irrigation Controllers I. Request The city's landscaping ordinance requires that all landscaped areas be irrigated or have access to an exterior building water spigot in a location adequate for providing for landscape maintenance. The city has received complaints about properties irrigating landscaped areas while it is raining outside. As a result of those complaints, the Planning Commission requested that the city consider an ordinance requiring moisture sensor irrigation controllers for new developments. Such devices prevent the waste of water by limiting irrigation as landscaped areas reach adequate moisture levels. The sensors detect moisture levels in the soil and prevent an irrigation system from operating when it is not necessary. IL Recommendation The Codes and Standards Committee was in favor of requiring moisture sensor irrigation controllers for new developments installing automatic irrigation systems. Staff recommends approval of the proposed text amendment. Attachments • Ordinance 17-12 Planning Case Report 17-17 Page 1 1215117 CI1 aT1►/►101 �►T1 AN ORDINANCE AMENDING SECTION 4-3(d)(4) OF THE NEW HOPE CITY CODE RELATING TO THE IRRIGATION OF LANDSCAPED AREAS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-3(d)(4)b., is hereby amended to add the underlined text as follows: 4. Design. The landscape plan must show a form of designed site amenities, (i.e. composition of plant materials, and/or creative site grading, decorative lighting, exterior sculpture, etc., which are largely intended for aesthetic purposes). ii. All area within the property lines (or beyond, if site grading extends beyond) shall be treated. All exterior areas not paved or designated as roads, parking, or storage must be planted into ornamental vegetation lawns, ground covers, or shrubs unless otherwise approved by the city. iii. Turf slopes in excess of three to one (3:1) are prohibited. iv. All ground areas under the building roof overhang must be treated with a decorative mulch and/or foundation planting. v. All landscape areas must be irrigated or have access to an exterior building water spigot in a location adequate for providing for landscape maintenance. vi. Except for single-family and two-family residential properties, all landscape areas within the property lines utilizing an automatic irrigation system shall be controlled by a moisture sensor irrigation controller. vii. Landscape maintenance: All plants required as part of an approved landscaping plan shall be maintained and kept alive. Dead plants shall be replaced in accordance with the approved landscape plan. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this day of Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk 2017 Planning Case: Petitioner: PLANNING CASE REPORT City of New Hope Meeting Date: December 5, 2017 Report Date: December 1, 2017 17-18 City of New Hope Planning Request: Land Use Petition Signage I. Request The New Hope City Code requires that a public hearing take place for the following types of zoning requests: • Amendment to text or district boundaries of the City Code - Section 4-32 • Conditional Use Permit (CUP) - Section 4-33 • Planned Unit Development (PUD) - Section 4-34 • Subdivision and platting - Section 13-3 • Vacation of easement - Section 6-9 • Variance - Section 4-36 Zoning amendments, conditional use permits, and variances require the publication and posting of a public hearing notice not less than ten days nor more than 30 days prior to the hearing to all property owners within 500 feet of each parcel included in the request. Subdivision and platting requests require the publication and posting of the public hearing notice ten days in advance of the hearing. Written notice must be mailed to property owners within 500 feet of the boundary of the property in question at least ten days in advance of the public hearing. Vacation of easement requests require the publication and posting of the public hearing notice two weeks in advance of the public hearing. Written notice must be mailed to utility companies providing natural gas, electric energy, telephone, and cable and property owners affected by the proposed vacation of easement at least ten days in advance of the public hearing. Public hearings are not required for the following types of zoning requests: Site plan review - Section 4-35 Comprehensive sign plan - Section 3-50 In an effort to keep property owners, renters, and the community informed of zoning requests, staff is proposing to require the placement of "Land Use Petition" signs on a property whenever a land use application is received. This requirement would supplement the direct mailings. Sign(s) would be installed for a duration in accordance with the number of days' notice required for mailing public Planning Case Report 17-18 Page 1 12/5/17 hearing notices. The sign(s) would be 18" x 24" and would need to be clearly visible from each right-of- way abutting the property. The applicant would be required to place a deposit of $15 per sign and stand, as outlined within the city's fee schedule when adopted for 2018. The deposit would be used in the case of signs being damaged or disappearing. II. Recommendation The Codes and Standards Committee did not review the proposed text amendment requiring the placement of "Land Use Petition" signs on a property whenever a land use application is received. Staff recommends approval of the proposed text amendment. Attachments • Ordinance 17-10 Planning Case Report 17-18 Page 2 12/5/17 ORDINANCE NO. 17-10 AN ORDINANCE AMENDING SECTIONS 1-4 "GENERAL PROVISIONS," 3-50 "BUILDING AND SIGN REGULATIONS," 4-30 AND 4-34 "ZONING," 6-9 "STREETS, ALLEYS AND PUBLIC PROPERTY," AND 13-3 "SUBDIVISION AND PLATTING" OF THE NEW HOPE CITY CODE The City Council of the City of New Hope ordains: Section 1. Section 1-4 Due Process is hereby amended to repeal the strikeouts and add the underlined text as follows: (b) Notice of governmental action. Notice to the public, and to those persons whose property is affected, of a proposed governmental action of any kind, or inquiry, whether required by law, or deemed desirable by the council or city manager, shall be given by published notice, written notice, and/or posted notice er- beth as follows: Section 1-4(b) (5) Notice by land use petition sign. Notice by the posting of a land use petition sign in the propgty prop,subject to the land use application is required whenever a land use application is filed with the city including, but not limited, to the following applications: proposed subdivision or platting, proposed PUD, proposed zoning change, proposed conditional use permit or variance and proposed vacation of streets or easements. The land use petition sign shall be posted as close as reasonably_ possible to each street frontage on the a licant's roe so as to be clearly visible from each right-of- abutting i t -of -abutting the applicant's property. The sign shall have minimum dimensions of 18 inches by 24 inches and shall be supplied by the city to the applicant. Each sign must remain in place and legible through the date of the public hearing related to the request. If snow obscures the sign during the posting_period, the snow shall be removed and/or the sign shall be relocated so as to be legible within 24 hours after snowfall ends. Evidence produced at or before the public hearing that one or more of the required signs were not in place_ or legible throughout that period shall be grounds for postponement of the public hearing and a requirement to Most the property. The applicant shall be responsible for paving a deposit to the city for each land use petition sign provided to applicant as set forth in the city's fee schedule. The applicant shall be responsible for „all costs associated with the posting of such signs. The sign shall be removed and returned to the by applicant promptly following closure of the public hearing. Each sign must be -posted for the number of days prior to the public hearing as follows: a. Proposed subdivision or plattina....ten days b. Proposed PUD .... ten days Page 1 c. Proposed zoning change ... ten days d. Proposed conditional use permit or variance ... ten days e. Proposed vacation of streets, easements.... 14 days Section 2. Section 3-50 Sign Code is hereby amended to repeal the strikeouts and add the underlined text as follows: Section 3-50(d)(2) Definitions Land Use Petition Signa means a monument sign to be posted on the property of an applicant in a land use application case for the time period required in chapter 1 of this Code. The city shall provide the sign to the property owner, Section 3-50(fl Permit not required 11) A land use petition sigg pursuant to a land use a lication as required in chapter 1 of this Code shall be allowed. Section 3. Section 4-30 Zoning -- Administration is hereby amended to repeal the strikeouts and add the underlined text as follows: Section 4-30(c)(5) Application procedure Notice of hearing. For applications involving zoning amendments, conditional use permits, and variances, the city manager shall set a date for a public hearing. Notice of such hearing shall be published in conformance with chapter 1 of this Code and individual notices shall be mailed not less than ten days nor more than 30 days prior to the hearing to all owners of property, according to the records available to the city within 3-5&500 feet of each parcel included in the request, as provided in chapter 1 of this Code. Notice of such hearing shall aie,o be in the form of a land use petition sign which shall be posted not less than ten days or more than 30 dasprior to the hearing as provided in chapter 1. Section 4. Section 4-34 Administration PUD, planned unit development General concept plan is hereby amended to repeal the strikeouts and add the underlined text as follows: Section 4-34(g)(3)c. Planning commission shall hold a public hearing pursuant to mailed published notice. Section 5. Section 6-9 Vacating streets and publicly owned utility easements is hereby amended to repeal the strikeouts and add the underlined text as follows: Page 2 Section 6-9(c) Notice of hearing. After receipt of the evidence of title, the city attorney shall review it and the petition and make a written report to the clerk as to their sufficiency. Thereafter a hearing shall be held, preceded by two weeks' published and posted notice. Said notice shall set forth the time and place of such hearing, and the area proposed to be vacated. This notice includes a land use petition sign which shall be posted not less than two weeks' prior to the heavir- Pg rro- de_d_in chanter 1 of this Code. The city clerk shall mail written notice of the hearing at least ten days before the hearing to the utility companies providing natural gas, electric energy, telephone and cable television service, and to each property owner affected by the proposed vacation. Said written notice shall contain, at a minimum, a copy of the petition or proposed resolution as well as the time, place and date of the hearing. In addition, if the street, alley, public grounds, public way or any part thereof terminates at or abuts upon any public water, no vacation shall be made unless written notice of the petition or proposed resolution is served by certified mail upon the commissioner of natural resources at least 30 days before the hearing on the matter. The notice to the commissioner of natural resources is for notification purposes only and does not create a right of intervention by the commissioner. Section 6. Section 13-3 Subdivision and platting Procedure is hereby amended to repeal the strikeouts and add the underlined text as follows: Section 13-3(a) Preliminary plat (2) Hearing. The city clerk shall set a public hearing for the next regular meeting of the planning commission. The planning commission shall conduct the hearing, and report its findings and make recommendations to the city council. Notice of said hearing shall be published in the official newspaper at least ten days prior to the hearing and written notification of said hearing shall be mailed at least ten days prior to the hearing to all owners of land within 500 feet of the boundary of the property in question. Notice of said hearing shall also be provided by posting a land use petition sign in the applicant's property that is to be platted or subdivided as required in chapter 1 of this Code. Page 3 Section 7. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this day of Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk 2017. (Published in the New Hope -Golden Valley Sun -Post the day of . 2017. Page 4 Planning Case: Petitioner: Planning Request: I. Request PLANNING CASE REPORT City of New Hope Meeting Date: December 5, 2017 Report Date: December 1, 2017 17-20 City of New Hope Small Cell Wireless Amendments were made to Minnesota's Telecommunications Right -of -Way User Law in 2017. The amendments essentially eliminated any confusion about whether wireless providers are treated the same as other telecommunications Right -of -Way (ROW) users under state law, but created a separate, streamlined permitting system that allows small cell wireless equipment to be placed on city -owned infrastructure in the ROW. According to cell phone providers, increasing demands for wireless and streaming data services has resulted in the need to install additional antenna equipment throughout cities. The law restricts antennas to no more than six cubic feet in volume (about the size of two toasters) and equipment associated with the antennas to 28 cubic feet in volume (about the size of a refrigerator). There is no limit to how closely the towers can be located to each other. Cell phone companies need to place equipment approximately every block in order to implement their network. The law limits new structures to 50 feet in height (traditional poles are 35 feet). While the towers will have a visual impact on some areas of the city, they will be necessary to keep up with increasing technology demands. The League of Minnesota Cities is encouraging cities to amend their ROW ordinances to address the amended law. Cities have the option of amending their ordinances to make small wireless a conditional use in residential and/or historic districts. In light of the limits the city has in regulating these small wireless facilities, however, there may not be rationale in making them a conditional use in residential and historic districts. In other words, there are limits as to how these small wireless facilities may be regulated by the cities. According to the city planner, the permit application process should adequately address the concerns for all of the zoning districts. The League of Minnesota Cities recommended that cities work with their city attorney to take the following steps: 1. Pass an enabling ordinance to exercise its authority to manage its own ROW. 2. Amend the city's ROW ordinance to accommodate for telecommunications ROW users. 3. Adopt a separate telecommunications ordinance to include provisions specific to the installation of wireless facilities on existing poles or similar facilities, and address the potential installation of new "wireless support structures." 4. Draft a template agreement governing the attachment of wireless facilities to municipal poles or other infrastructure in the ROW. Planning Case Report 17-20 Page 1 12/5/17 In collaboration with the city planner, the assistant city attorney prepared the attached draft ordinance. The draft ordinance was reviewed by the city engineer and public works director. According to the city planner, the draft ordinance is similar to the ordinances that other cities have or will be adopting. The draft ordinance must be adopted by January 1, 2018, as that is when the Telecommunications ROW law goes into effect. If the Planning Commission recommends approval, the draft ordinance will be presented to the City Council on December 11, 2017. II. Recommendation The Codes and Standards Committee was in favor of amending the City Code related to right-of-way management. Staff recommends approval of the proposed text amendment. Attachments • Ordinance 17-08 Planning Case Report 17-20 Page 2 1215117 ORDINANCE NO. 17-08 AN ORDINANCE AMENDING SECTION 6-14 OF THE NEW HOPE CITY CODE RELATED TO RIGHT-OF-WAY MANAGEMENT THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 6-14 Right-of-way management is hereby amended to repeal the strikeouts and add the underlined text as follows: Sec. 6-14. - Right-of-way management. (a) Findings and purpose. The city holds the rights-of-way within its geographical boundaries as an asset in trust for its citizens. The city and other public entities have invested substantial dollars in public funds to build and maintain the rights-of-way. The city also recognizes that by placing other utility equipment in the right-of-way for the purpose of delivering services to the citizens of the city also is a public use of this property for the public good. Although such services are necessary or convenient for the citizens, other persons or entities receive revenue and/or profit through their use of public property. Although the installation of such service delivery facilities are in most cases a necessary and proper use of right-of-way, the city must regulate and manage such uses. To provide for the health, safety and well-being of its citizens, and to ensure the structural integrity of its streets and the appropriate use of the rights-of-way, the city strives to keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the rights-of- way, one of the causes for the early and excessive deterioration of its rights-of-way is frequent excavation. This section imposes reasonable regulations on the placement and maintenance of equipment currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this section, persons disturbing and obstructing the rights-of-way will bear a fair share of the financial responsibility for their integrity. Finally, this section provides for recovery of the city's costs associated with managing its rights-of-way. This section shall be ipter preted consistently with Minnesota Statutes Cha ter 237 Minnesota. Rules Chapter 7819, and other laws governing applicable rights of the city and users of the right-of-way. This section shall not he interpreted to Iimit the regulatory and police powers of the cit.. tempt and enforce general ordinances necessary to protect the health, safety and welfare of the public. (b) Election to manuge the rights-of-way. Pursuant to the author ty granted to the city under state and federal statutory, administrative, and common law, the city hereby elects. pursuant to Minn.Stat. §237.163, subd. 2(b), to manage rights-of-way within its jurisdiction. 1 (c) Definitions. Except as otherwise defined in the Code or where the context clearly indicates a contrary intent, the words and terms defined in Minn. Stat. Chapter 237 and Minnesota Rules Chapter 7819, both as amended from time to time, shall be applicable to this section. The following words, terms and phrases, as used herein, have the following meanings: City cost means the actual cost incurred by the city for public rights-of-way management; including but not limited to costs associated with registering applicants; issuing, processing, and verifying right-of-way permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving facilities during public right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed; mapping of as built locations of facilities located in rights-of- way; and revoking right-of-way permits and performing all other tasks required by this section, including other costs the city may incur in managing the provisions of this section. Degradation means the accelerated depreciation of the right-of-way caused by excavation or disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur. Degradation cost means money paid to the city to cover the cost associated with a decrease in the useful life of a public right-of-way caused by excavation. Emergency means a condition that 1) poses a clear and immediate danger to life or health, or of a significant loss of property; or 2) requires immediate repair or replacement in order to restore service to a customer. Equipment means any tangible thing or asset used to install, repair or maintain facilities in any right-of-way; but shall not include boulevard plantings or gardens planted or maintained in the right-of-way between a person's property and the street curb. Excavate means to dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. Facility means a tanp-ible object for use in connection with the storage or conveyance of. water, sewage, lighting, electronic, telohone.or telegraphic communications, fiber optics, cable television, electric enerL"h oil, natural gas, or hazardous liquids. Facility includes, but is not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, and attachments. Facilitv includes a telecommunications facility. Obstruct means to place any tangible object upon a right -of -.gray so as to hinder free and open passage over that or any part of the right-of-way. Permit means a permit issued pursuant to this section. Permit holder means any person to whom a right -of -war permit to excavate or place equipment or facilities in a right-of-way has been granted by the city under this section. M Registrant means any person who has or seeks to have its facilities or equipment located in any right-of-way. Restore or restoration means the process by which the right-of-way and surrounding area, including pavement and foundation, is returned to the condition that existed before the commencement of the work. Restoration cost means money paid to the city by a permit holder :• to cover the cost of restoration. Right -of --way means the surface and space oabove and below a public roadway, highway, street, cartway, bicycle lane, trail and public sidewalk in which the city has an interest, including but not limited to eta dedicated or deeded rights-of-way for travel purposes and utility easements owned by the city for city utility purposes. Right -of -Way User means a person owning or controlling or desiring to own or control a facility in the right-of-way. Ri t -of -way user includes a telecommunications right-of-way user. Service or utility service includes but is not limited to: (1) Those services provided by a public utility as defined in Minn. Stat. § 216B.02, subds. 4 and 6; (2) Telecommunications, pipeline, community antenna television, fire and alarm communications, water, sewer, electricity, light, heat, cooling energy, or power services; (3) The services provided by a corporation organized for the purposes set forth in Minn. Stat. § 301B.01; (4) The services provided by a district heating or cooling system; and (5) Cable communications systems as defined in Minn. Stat. Chaptereh-. 238. Structure means any ground or building mounted pole, spire, tower, building or combination thereof used to su ort or convey any facility within the rit-of-wa . Telecommunications Facility means a tangible object used to provide wireless telecommunications services, including all antennas, support devices, and telecommunications mechanical equipment including ground -mounted equipment, associated cables and attachments. A "Small Wireless Faciii as defined in Minn.Stat. §237.162, Subd. 11 is included under the term "'Telecommunications Facility." To the extent a personal wireless service antenna or tower as defined under section 4-2(b) of the Code meets the statutory criteria of a Small Wireless Facility as regulated by Minn. Stat. Chapter 237, this section will apply. Telecommunications right-of-way user means a person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way, that is used or is intended to be used for transporting telecommunications or other voice or data information. For purposes of this section, a cable communication system defined and regulated under Minn. Stat. Chapters 238, and tel ecommunication, activities related to providing natural gas or electric energy services are not telecommunications right-of-way users. Small wireless facilities are included under the definition of telecommunications right-of-wU user. (d) Application and Scope. Except as otherwise stated herein, the provisions of this section are gpplicable to all private and public right-of-way users. including but not limited to those rights-of-way owned or operated by private entities, the United States. the State of Minnesota. or any county. town, city, district, or other political subdivision located wholly or partially within the corporate limits of the city. All right-of-way users shall comply with all applicable provisions of this section. (eP) Registration. (1) Annual registration required. In addition to all other requirements in this section, including but not limited to the requirement for a telecommunications right-of-way user to register each facility and the requirements relating to siting of new structures, and except as otherwise provided in the Code, nNo person shall construct, install, repair, remove, relocate or perform any work within any right-of-way, or temporarily or permanently obstruct or excavate any right-of-way, without first being registered pursuit to this subsection. Such registration shall be made on an application form provided by the city and shall be accompanied by the registration fee provided in _ghftVjffzU 0-1*1^is r^-' the city's Fee Schedule. A service or utility service operating under a franchise with the city shall register pursuant to this subsection but need not provide the registration information required by subsection (2) of this subsection if such information has been submitted pursuant to the franchise agreement. A per -son who pays n f:..,nehise fee to thp, eLy in with - -, -AgIF-eement shall be exempt (2) Registration information. The registrant shall provide the following at the time of registration and shall promptly notify the city of changes in such information: a. Registrant' s name, address, telephone number, facsimile number and gopher one - call registration certificate number if required by state law. b. Name, address, telephone number, and facsimile number of the person responsible for fulfilling the obligations of the registrant. c. Certificate of insurance from a company licensed to do business in the state providing coverage in the following amounts. 1. General liability: Public liability, including premises, products and complete operations. Bodily injury liability each person..... $1,000,000.00 $3,000,000.00 each occurrence Property damage liability each occurrence ..... $3,000,000.00 Bodily injury and property damage combined ..... $3,000,000.00 single limit 4 2. Comprehensive: Automobile liability insurance, including owned, nonowned and hired vehicles. Bodily injury liability each person ..... $1,000,000.00 $3,000,000.00 each occurrence Property damage liability each occurrence ..... $3,000,000.00 In lieu of (1) and (2) bodily injury and property damage combined ..... $3,000,000.00 single limit Such certificate shall verify that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permit holders, and (ii) placement and use of equipment or facilities in the right-of-way by the registrant its officers, agents, employees and permit holderstees, including but not limited to, protection against liability arising from completed operations, damage of underground equipment and collapse of property. Such certificate shall also indicate the registrants insurance is the primary coverage, shall name the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages. Such certificate shall require that the city be notified 30 days prior to cancellation or nonrenewal of the policy. d. Twenty -four-hour emergency number. e. An acknowledgment by the registrant of the indemnification pursuant to section (r)(2) of this Code. f. Such other information the city may require. (3) Exceptions. The following are not subject to the requirements of this section: a. Persons planting or maintaining boulevard plantings or gardens. b. Persons erecting fences, installing driveways, sidewalks, curb and gutter, or parking lots. c. Persons engaged in snow removal activities. d. Federal, state, county, and city agencies. e. Persons installing pet containment systems. £ Plumbers licensed in accordance with subsection 3-1(a)(1) of this Code. g. Persons acting as agents, contractors or subcontractors for a registrant who has properly registered in accordance with this subsection. h. Persons temporarily placing residential household waste containers in the right-of- way for the collection of solid waste or recvclables. (4) Term. Registrations issued pursuant to this section shall expire on December 1 of each calendar year. (d) Permit required, bond; exceptions. No person shall excavate, dig, tunnel, trench, or install any facilities, equipment or improvements above, on, or beneath the surface of any right-of- 5 ight-of 5 way in the city or any property owned by the city without first obtaining a permit pursuant to this :: , section. (1) Application; fee. An application for a permit shall be made on forms provided by the city and shall be accompanied by the fees set forth ' in the Fee Schedule of this God e which are established to reimburse the city for city costs. An application shall not be reviewed or a permit issued unless the fee has been paid. Application fees paid for an application that is denied or revoked are not refundable. Application shall be made at least two weeks prior to the anticipated project start date. Unless otherwise agreed to in a franchise agreement, permit fees may be charged spparately separatelyfrom an in addition to the franchis fees imposed_on_a right-of-way user in the franchise agreement. If the work is to be performed by an agent, contractor or subcontractor on behalf of a registrant, such application shall be signed by the registrant. The application shall also be accompanied by the following: a. Scaled drawings showing the location of all facilities and improvements proposed by the ire istrant. Applications for a telecommunications facility shall also include a site plan and cross section illustrating the distance of the structure and facilities from all existing utilities, structures, facilities, streets, sidewalks. trails, curbs ro ertlines and building s an of which are located within 100 feet of the structure or facility, b. Plans and specifications prepared and signed by an engineer licensed to practice in the State of Minnesota. Applications for a telecommunications facility shall also include engineered construction drawings of the structure and any facility to b attached or connected to the structure, including but not limited to structure and facility design, materials, height, diameter, foundation details, capacity for collocation, wind load capacity, and collapse zone information. ch. A description of the methods that will be used for installation. do. A proposed schedule for all work. e. Confirmation that other right-of-wav users have been notified and existin facilities located pursuant to local, state and federal laws, rules, and regglations including but not limited to Minn. Stat. Chapter 216D and Minnesota Rules Chapter 7560 Gopher One Call Excavation Notice Svstem): fd. The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic during the work. ge. The location of any public streets, sidewalks or alleys that will be disrupted by the work. " A description of methods for restoring any public improvements disrupted by the work. i. Proof of insurance required herein. ig. Any other information reasonably required by the public works director or city engineer. All such applications shall be consistent with the provisions of this section and good engineering, safety, and maintenance practices shall be followed for the work or activity conducted under the rit-of-way permit. 11 (2) If the city has suffered any undisputed loss, damage, or expense because of the registrant's prior excavations, obstructions, or other work in the right -of -wady emergency actions relating thereto, the public works director may require the registrant to reimburse the city for such expense before considering a new permit application for Approval. (33-2) Security. r'or companies not operating under a tranchise with the city, a surety bond, letter of credit or cash deposit in the amount determined by the public works director or city manager but not less than $5,000.00, shall be required from each registrant. A surety bond shall be from a corporate surety authorized to do business in the state. Security required pursuant to this subsection shall be conditioned that the holder will perform the work in accordance with this section and applicable regulations; will pay to the city any costs incurred by the city in performing work pursuant to this section; and will indemnify and save the city and its officers, agents and employees harmless against any and all claims, judgment or other costs arising from any excavation and other work covered by the permit or for which the city,. council or any city officer may be liable by reason of any accident or injury to persons or property through the fault of the permit holder, either in improperly guarding the excavation or for any other injury resulting from the negligence of the permit holder. The bond, letter of credit or cash deposit shall be released by the city upon completion of the work and compliance with all conditions imposed by the permit. For permits allowing excavations within public streets, such bond, letter of credit or cash deposit shall be held for a period of 24 months to guaranty the adequacy of all restoration work. (3) Permit issuance; conditions. The public works director or city manager shall grant a permit upon finding the work will comply with applicable sections of this Code. The permit shall be kept on the site of the work while it is in progress, in the custody of the individual in charge of the work. The permit shall be cons icp uously displayed as well as upon request made by any city official or police officer. The public works director or city manager may impose reasonable conditions upon the issuance of the permit and the performance of the registrantappksan� thereunder to protect the public health, safety and welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public. No permit shall be issued to anyone who has failed to register in accordance with subsection 6-14(c) of this Code. In addition a permit holder shall coMply complywith all local state and federal laws rules, and regulations including but not limited to Minn. Stat. Chapter 216D. Minnesota Rules Chapter 7560 (Gopher One Call Excavation Notice System) and provision of muting information in accordance with Minnesota Rules 7819.4000 and 7819.4100. (4) Exceptions. No permit shall be required for the following: a. Landscaping work permitted by the city pursuant to site improvement agreements. b. Driveways, sidewalks, curb and gutter, and other facilities permitted by the city pursuant to site improvement agreements. c. Snow removal activities. d. Activities of the city. 7 (e) Diligence in performing work. Work shall progress in an expeditious manner as reasonably permitted by weather conditions until completion in order to avoid unnecessary inconvenience to traffic. In the event that the work is not performed in accordance with applicable regulations pertaining to excavations and utility connections, or the work is not done in an expeditious manner, or shall cease or be abandoned without due cause, the city may, after 72 hour notice to the permit holder, correct the work and fill the excavation or repair the street. The entire cost of such work shall be paid by the permit holder upon demand made by the city. The financial guarantees made per subsection 6-14{d)(2) of this Code may be used by the city to reimburse itself for the city's incurred costs including its private engineering consulting fees and attorney fees to complete the work under this section. In accordance with Minnesota Rule 7819.1000, Subd. 3, the city shall establish and impose a delgy penalty for unreasonable delays in rigt-of- wa excavation obstructions or restoration to be set forth in the Fee Schedule. No del4y fee shall be imposed if the delay is due to circumstances beyond the control of the permit holder, including writhout limitation, inclement weather or acts of God. (f) Standards during construction or installation. Excavation, backfilling patching, restoration, installation or maintenance of fixtures and structures, and all other work performed in the riaht-of-way must be clone in conformance with all applicable Minnesota Statutes and Rules,_ including without limitation Rules 7819.5000 and 7819.5100, all requirements of the Code, and all local laws, rules and regulations. The permit holder shall comply with the following additional standards when engaging in the work: (1) Take such precautions as are necessary to avoid creating unsanitary conditions. Observe and comply with all laws, rules and regulations of the state and (2) Conduct the operations and perform the work in a manner as to ensure the least obstruction and interference to traffic. (3) Take adequate precautions to ensure the safety of the general public and those who require access to abutting property. (4) If required by the public works director or city engineer, notify adjoining property owners prior to the commencement of work which may disrupt the use of and access to such adjoining properties. (5) In all cases where construction work interferes with the normal use of the construction area, provide for closing the construction area to traffic or to afford it restricted use of the area and comply with Municipal Urban Traffic Count Device (MUTCD) traffic safety signing requirements. (6) Exercise precaution at all times for the protection of persons, including employees and property. (7) Protect and identify excavations and work operations with barricade flags, and if required, by flagmen in the daytime, and by warning lights at night. (8) Provide proper trench protection as required by O.S.H.A. when necessary and depending upon the type of soil, in order to prevent cave-ins endangering life or tending to enlarge the excavation. (9) The placing of all facilities must comply with the National Electric Safety Code, as incorporated by reference in Minn. Stat. § 326B.35. 109) Protect the root growth of trees and shrubbery. 8 (1 1 sY) Installation of pipe (utility conductors) under Portland cement concrete, asphalt concrete, or other high-type bituminous pavements shall be done by jacking, auguring or tunneling as directed by the city engineer unless otherwise authorized. HDPE sleeving shall be an acceptable casing or sleeving material for telecommunications installations. When removing pavement of Portland cement concrete, asphalt concrete or high- type built-up bituminous surfacing, the pavement shall be removed on each side of the trench or excavation a distance of two feet beyond the trench width and length, in order to provide a shoulder and solid foundation for the surface restoration. (1 %�) To obtain a straight edge and neat-appearing opening in pavement surfaces, the following procedure is required: a. Portland cement concrete pavement. The surface shall be saw-cut scored two inches deep by a diamond bladed water quenched saw and the concrete broken out by sledge or pneumatic hammer chisel. b. Asphalt concrete. The surface shall be cut full depth by pneumatic hammer chisel or by asphalt mill only. (1 ) Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability, and as directed by the city. (1 4) Excavations, trenches and jacking pits shall be protected when unattended to prevent entrance of surface drainage. (1 '; `` ) All backfilling must be placed in six-inch layers at optimum moisture and compacted with the objective of attaining 98 percent or higher of AASHO density. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. (17' Backfill material shall be Class 5, or better in the judgment of the public works director or city engineer. Backfilling with the material from the excavation may be permitted provided such material is granular in nature and acceptable to the public works director or city engineer. (1 '` :') Compacted backfill shall be brought to street grade and crowned at the center not more than one inch. Backfill procedures shall provide for no settlements. Settlements which occur within a two-year warranty period shall be repaired in a timely manner. The city may authorize another contractor to make the repair if it is not done in a timely manner. Reimbursement may be made from the surety bond, letter of credit or cash deposit with city. (1 -) Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. QM) No lugs damaging to roadway surfaces may be used. (218) Dirt or debris must be periodically removed during construction. (224-) Other reasonable standards and requirements of the public works director or city engineer. (23) Standards for Installation of Overhead Facilities. The permit holder shall comp]_y with the following standards when installing facilities overhead: 9 a. All wires shall be a minimum of eighteen (18) feet above paved surfaces and at a location that does not interfere with traffic signals, overhead simns, or street li ts. b. Facilities shall be co -located on structures cohere possible. c. Placing; overhead facilities on both sides of the ri_g it-of-wav is prohibited unless specifically a roved by the Director. (g) Repair and restoration. (1) Schedule. The work to be done under the permit, and the repair and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of extraordinary circumstances beyond the control of the permit holder, when work was prohibited as unseasonal or unreasonable or when extended by the public works director. In addition to repairing its own work, the permit holder must restore the general area of the work, and the surrounding areas, including the paving and its foundations, to the condition that existed before the commencement of the work but only to the extent the permit holder disturbed such surrounding areas. (2) General standards. The permit holder shall perforin repairs and restoration according to the standards and with the materials specified by the public works director or city engineer. Both individuals shall have the authority to prescribe the manner and extent of the restoration, and may do so in written procedures of general application or on a case- by-case basis. In exercising this authority, the public works director or city engineer shall be guided by the following standards and consideration: a. The number, size, depth and duration of the excavations, disruptions or damage to the right-of-way; b. The traffic volume carried by the right-of-way; the character of the neighborhood surrounding the right-of-way; c. The pre -excavation condition of the right-of-way; the remaining life -expectancy of the right-of-way affected by the excavation; d. Whether the relative cost of the method of restoration to the permit holder is in reasonable balance with the prevention of an accelerated depreciation of the right-of- way ight-ofway that would otherwise result from the excavation, disturbance or damage to the right-of-way; and e. The likelihood that the particular method of restoration would be effective in slowing the depreciation of the right-of-way that would otherwise take place. (3) City restoration. The permit holder may request that the city restore the right-of-way. If the city agrees to perform the work, the permit holder shall pay to the city, in advance; a cash deposit equaling 150 percent of the estimated restoration cost. The restoration cost shall be estimated by the public works director or city engineer and shall include an estimate of the degradation cost. The estimate of the degradation cost shall be based upon criteria adopted by the Minnesota Public Utilities Commission. Following completion of the restoration, any funds in excess of the actual restoration cost and the degradation cost shall be returned to the permit holder. Notwithstanding this section, the city shall have no obligation to honor the permit holderstees restoration request. 10 (4) Guarantees. The permit holder shall guarantee its work and shall maintain it for 24 months following its completion. During this 24 -month period it shall, upon notification from the public works director or city engineer, promptly correct all restoration work to the extent necessary, using the method required by the engineer. (h) Permit limitations. Permits issued pursuant to this section are valid only for the area of the right-of-way specified in the application and the permit and only for the dates so specified. No work shall be extended beyond the permitted area or dates without a new permit being procured therefore, provided the public works director may extend the completion date of the work in accordance with s44section 6-14.(g)(1) of this Code. (i) Denial of permit. The public works director may deny a permit due to the following: (1) Failure to register pursuant tos hsection 6-14(c) of this Code. (2) A proposed excavation within a street or sidewalk surface that has been constructed or reconstructed within the preceding five years unless the public works director or city manager determines that no other locations are feasible or when necessitated by an emergency. (3) The registrants is subject to revocation of a prior permit issued pursuant to this section. (4) The proposed schedule for the work would conflict or interfere with an exhibition, celebration, festival or any other similar event. (5) The right-of-way would become unduly congested due to the proposed facilities and equipment when combined with other uses in the right-of-way as provided inti section (n)(3) of this Code. (6) Businesses or residences in the vicinity will be unreasonably disrupted by the work. (7) The proposed schedule conflicts with scheduled total or partial reconstruction of the right-of-way. (8) The reQistrantappfieafft fails to comply with the requirements of this section or other sections of this Code. 9 If the plLblic works director determines that the denial is necess4a to protect the health, safety, and welfare of the public or to protect the right-of-way and its current: use. Applications for structures upon which telecommunication facilities are intended to be installed shall be denied unless accompanied by engineered plans and specifications detailingtpecific facilities to be attached or connected to the structure. 0) Emergency work. A registrant may proceed to take whatever actions are necessary to respond to an emergency. Within two business days after the occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated therewith and fulfill the rest of the requirements necessary to bring itself into compliance with this section for the actions it took in response to the emergency. If the public works director becomes aware of an emergency, the director shall attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the public works director may take whatever action deemed necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities or equipment occasioned the emergency. k Inspection and Authority of Public Works Director. 11 1 Notice of Completion and As-Builts. When the work under wi , riuht-of=tray pennit is completed. the permit holder shall furnish a completion certificate and as -built drawings in accordance with Nlinnesota Rule 7819.1300 if requested by the public works director. ? Site Insvection. The pennit holder shall inake the work site available at all times during the. execution of and upon completion of the Fork for inspection by the public works director or other city personnel and to all others authorized by law. Authority of Public Works Director. Thepublic works director may order the immediate cessation of anv work or may order the immediate repair or removal of any facility which the public works director determines, in the public works director's sole discretion, poses a threat to the life. health, safety, or well -beim, of the public or fails to comply with any federal, state or local law, rule or regulation. The order shall inform thepen-nit holder that failure to correct the violation may result in revocation of the ri,gbt-of-way penuit pursuant to this section. l Work Donc Without a Permit. Excc t in an emergency situation as provided in this provision any person who constructs, installs, repairs, removes, or relocates a facility or temporarily or permanently obstructs or excavates, any right-of-way without a right-of-way permit issued by the city shall be guilty of a misdemeanor. (1) Emergency Situations — Right -of -Way User. A right-of-way user shall immediately notify the city event concerning its facilities that it considers to be an emergency and may take any actions reasonable and necessary to respond to the emergency. Within two 2 business days after the occurrence of the emergency, the right-of-way user shall apply to the city for the necessary right-of-way permit(s), pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this section for the actions it took in response to the emergency. (2_) Emergency Situations — City. If the city becomes aware of an emergency concerning facilities in the right-of-way, the city will make reasonable attempts to contact the owner of each facility affected, or potentially affected, by the emergency, In any event the city may take whatever action it deems necess to respond to the. emergency. If the emergency was caused by a faeiliiy or facilities. the owner thereof shall reimburse the city for its costs in responding to the emergency_ 3 Non -Emergency Situations. Except in an emggency, emergency,any person who obstructs or excavates a right-of-way without first having obtained a right-of-way_permit must subsequently obtain a right-of-way_permit. The fee for a subsequently issued right-of-way permit shall be established from time to time by council resolution. The pennit holder shall also pay all the other fees required b. the Code, dgposit with. the city the fees neccssmy to correct any damage to the right- of-way, and comply with all other requirements of this section. (m) Damage to Other Facilities. (1) When the city_perfomis work in the right-of-way that requires the alteration or relocation of an existingfacility. the public works director shall notify the 12 facility owner as soon as is reasonable- possible. The facility owner shall reimburse the city for the city's costs incurred in such alteration or relocation within thirty (30) days front the date of billin. (2) Each facility caner sliall_ be responsible for the cost of repairing any facilities in the right-of-wav which it or its facilities damage. Each facility owner sliall be responsible for the east of rgpairigg anydamage e facilities of another caused during the city's response to an emeraenev caused by that owner's facilities. (.. -) .Revocation of permits. The public works director or city manager may revoke any permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, this Code, rule or regulation, or any condition of the permit which substantial breach shall continue uncured for ten calendar days after the issuance of a written order of the public works director. A substantial breach of a permit holder shall include, but shall not be limited to, the following: (1) The violation of any material provision of the permit; (2) An evasion or attempt to evade any material provision of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation of fact in the application for a permit; (4) The failure to maintain the required bonds and insurance; (5) The failure to complete the work in a timely manner; or (6) The failure to correct a condition indicated on an order issued by the engineer. (1) Appeal. (1) Filing of appeal. Any person aggrieved by, i) the denial of a permit application, ii) the denial of a registration, iii) the revocation of a permit or, iv) the application of the city F€ee S,schedule imposed by eha *e"'" of this Code may appeal to the council by filing a written notice of appeal with the city clerk. Said notice must be filed within 20 days of the action causing the appeal. (2) Notice of hearing. The council shall hear the appeal not later than 30 days after the date the appeal is filed. Notice of the date, time, place, and purpose of the hearing shall be mailed to the appellant not less than ten days before the date of the hearing. (3) Hearing and decision. The council shall, at such hearing, hear and consider any evidence offered by the appellant, the public works director or city engineer, and anyone else wishing to be heard. After hearing the oral and written views of all interested persons, the council shall make its decision at the same meeting or at a specified future meeting. (m) Mapping. Within 120 days following completion of any work pursuant to a permit, the registrant shall provide the public works director accurate maps and record drawings certifying the "as -built" location of all facilities and equipment installed, owned and maintained by the registrant. Such maps and drawings shall indicate both the horizontal and vertical location of all facilities and equipment and shall be provided in a format consistent with the city's electronic mapping system. Failure to provide maps and drawings in accordance with this suhsection shall be grounds for revoking the permit holder's registration. (n) Location of facilities and equipment. 13 (1) Undergrounding by telecommunications right-of-way users. Any new construction and the installation of new equipment and replacement of old equipment of telecommunication, - right -of -way users shall be underground or contained within buildings or other structures in conformity with applicable codes. Provided, telecommunications right-of-way users may attach equipment and facilities to existing poles and structures maintained by a service or utility service. (2) Corridors. The public works director may assign specific corridors within the right-of- way, or any particular segment thereof as may be necessary, for each type of equipment that is or, pursuant to current technology, the public works director expects will someday be located within the right-of-way. All permits issued by the public works director involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue. Facilities shall be placed in a common conduits stern or share other common arrangements at the direction of the public works director. (3) Limitation of space. To protect health and safety, the public works director shall have the power to prohibit or limit the placement of new or additional equipment within the right-of-way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right-of-way. In making such decisions, the public works director shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular -utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing equipment in the right-of-way, and future city plans for public improvements and development projects which have been determined to be.in the public interest. i40— Placement, location, and relocation of facilities must comply with local regulations and other applicable laws and with Minnesota Rules 7819.3100 7819.5000 and 7819.5100. (o) Relocation. (1) Relocation for city purposes. A registrant shall promptly, but in no event more than 120 days of the city's request, permanently remove and relocate at no charge to the city, any facilities or equipment if and when made necessary by a change in the grade, alignment or width of any right-of-way, by the construction, maintenance or operation of any city facilities or to protect the public health, safety and welfare. The registrant shall restore any rights-of-way to the condition it was in prior to removal and relocation. (2) Undergrounding of relocated telecommunications facilities. A telecommunications right-of-way user shall relocate all above ground facilities and equipment to underground locations at its own cost and expense at the city's request when: i) the city requires the relocation of all telecommunications facilities and equipment to underground locations or ii) structures or poles to which the registrant's facilities or equipment is attached are abandoned or removed by the owner of such structures or poles. (p) Right-of-way vacation. (1) Facilities owner's rights. If the city vacates a right-of-way that contains facilities, the facility owner's rights in the vacated right-of-way are governed by Minncsota Rule 7819.3200. alReservation of right. If the city vacates a right-of-way which contains the equipment of a registrant, and if the vacation does not require the relocation of registrant facilities and 14 equipment, the city shall reserve, to and for itself and all registrants having facilities and equipment in the vacated right-of-way, the right to install, maintain and operate any facilities and equipment in the vacated right-of-way and to enter upon such right-of-way at any time for the purpose of reconstruction, inspecting, maintaining or repairing the same. (; ',;) Relocation of equipment. If the vacation requires the relocation of registrant facilities and equipment; and (a) if the vacation proceedings are initiated by the registrant, the registrant must pay the relocation costs; or (b) if the vacation proceedings are initiated by the city, the registrant must pay the relocation costs unless otherwise agreed to by the city and the registrant; or (c) if the vacation proceedings are initiated by a person or persons other than the registrant or permit holder, such other person or persons must pay the relocation costs. (q) Abandoned and unusable equipment. (1) Discontinued operations. A registrant who has determined to discontinue its operations in the city must either: a. Provide information satisfactory to the public works director that the registrant's obligations for its equipment in the right-of-way under this section have been lawfully assumed by another registrant; or b. Submit to the public works director an action plan for the removal or abandonment of equipment and facilities. The public works director shall require removal of such facilities and equipment if the public works director determines such removal is necessary to protect the public health, safety and welfare. The public works director may require the registrant to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the facilities and equipment. (2) Abandoned facilities equipment. Facilities and equipment of a registrant located on the surface of or above a right-of-way or on city property which, for two years, remains unused shall be deemed to be abandoned. Such abandoned equipment is deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, i) abating the nuisance, or ii) requiring removal of the equipment or facilities by the registrant, or the registrant's successor in interest. (3) Removal of underground equipment. Any registrant who has unusable and abandoned underground facilities or equipment in any right-of-way shall remove it from that right-of- way during the next scheduled excavation, to the extent such facilities or equipment is uncovered by such excavation unless this requirement is waived by the public works director or city manager. (r) Indemnification and liability. (1) Limitation of liability. By reason of the acceptance of a registration or the grant of a right-of-way permit, the city does not assume any liability (a) for injuries to persons, damage to property, or loss of service claims by parties other than the registrant or the city, or (b) for claims or penalties of any sort resulting from the installation, presence, maintenance, or operation of equipment by registrants or activities of registrants. (2) Indemnification. By registering with the city, a registrant agrees, or by accepting a permit under this section, a permit holder is required, to defend, indemnify, and hold the city whole and harmless from all costs, liabilities, and claims for damages of any kind including the city's reasonable attorney fees and costs arising out of the construction, presence, installation, maintenance, repair or operation of its equipment, or out of any 15 activity undertaken in or near a right-of-way, whether or not any act or omission complained of is authorized., allowed, or prohibited by a right-of-way permit. It further agrees that it will not bring, nor cause to be brought, any action, suit or other proceeding claiming damages, or seeking any other relief against the city for any claim nor for any award arising out of the presence, installation, maintenance or operation of its equipment, or any activity undertaken in or near a right-of-way, whether or not the act or omission complained of is authorized, allowed or prohibited by a right-of-way permit. The foregoing does not indemnify the city for its own negligence except for claims arising out of or alleging the city's negligence where such negligence arises out of or is primarily related to the presence, installation, construction, operation, maintenance or repair of said equipment by the registrant or on the registrant's behalf, including but not limited to, the issuance of permits and inspection of plans or work. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant or to the city and the registrant, in defending any action on behalf of the city, shall be entitled to assert in any action every defense or immunity that the city could assert in its own behalf. (s) Franchise holders, It there is a conflict in language between the franchise of a person holding a franchise agreement with the city and this section, the terms of the franchise shall prevail. (t) Registration of Telecommunications Rigly-of lVay Users ( 1) Findings, Purpose and Intent. The city desires high quality wireless telecommunications services to accommodate the needs of residents and businesses. At the same time, the city strives to minimize the negative impacts that telecommunications facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited area, the city also strives to avoid unnecessary encumbrances within the right-of-way. The purpose of this section is to regulate the installation of telecommunications facilities within the right-of-way in a manner that balances desire for servTicc with aesthetic, public safety, and right-of-way flexibility concerns. Rights-of-way are gppropriate locations for telecommunications facilities that present minimal impacts. The city recognizes that, as wireless technology advances, some areas of the city may be hard to serve with wireless technology due to the lack of siting alternatives in the immediate vicinity. (2) Remration. In addition to all other requirements in this section, including but not limited to the requirement to obtain a right-of-wayperinit and the requirements relating to siting; of structures, a telecommunications right-of-way user who desires to place telecommunication facilities in the right-of-way shall register each facility with the city. (3) Application for Registration. A written application for registration shall be submitted to the public works department at least two weeks prior to installation of the facility. The application shall be made on a form provided by the city and shall include all required information and. attachments. All such applications shall be consistent with 16 the provisions of this section and good engineering, safety, and maintenance practices sliall be followed. (4) Registration Fee. The city shall establish a registration fee in an amount sufficient to recover city costs and shall be set forth in the Fee Schedule. The fee shall be imposed on each registered facility both at the time of application and thereafter annually on January 1 of each year the facility remains registered. The registration fee is nonrefundable. The registration fee shall be established from time to time by Council resolution. Failure to pay the registration fee shall be grounds for revocation of the registration. (5) Confirmation of Registration. Upon the public works director's determination that the registrant has satisfied the requirements of this section, the public works director shall confirm the registration subject to the terms and conditions of this section. The public works director may impose reasonable conditions upon the registration to protect the health, safety, and welfare or to protect the right-of-way.and its current use. In addition, a registrant shall comply with all local, state and federal laws, including but not limited to Minn. Stat. Chapter 216D and Minnesota Rules Chapter 7560 (Gopher One Call Excavation Notice System). (6) Denial of Registration. The public works director may deny a registration for failure to meet the requirements and conditions of this section or if the public works director determines that the denial is necessary to protect the health, safety, and welfare of the public or the right-of-way and its current use. (7) Update of Registration: The registrant shall inform the city change in the registration information within fifteen (15) days of the change. (8) Inspection and Authority of Public Works Director. a. Site Inspection. The registrant shall make the site of each facility available at all times for inspection by the public works director or other city personnel and to all others authorized by law. b. Authority of Public Works Director. The public works director may order the immediate repair or removal of any facility which the public works director determines, in the public works director's sole discretion, poses a threat to the life, health, safety. or well-beingopublic or fails to comply with any federal, state or local law, rule or regulation. The order shall inform the registrant that failure to correct the violation may result in revocation of the registration pursuant to provision l below. (9) Revocation of Registration. 17 a. Substantial Breach. The public works director mgy revoke any registration if the registrant substantially breaches any of the terms and conditions of any pplicable statute,. ordinance, rule or regulation, or any condition of the registration. A substantial breach includes, but is not limited to, the following: J. The violation of any material provision of the registration or this section, ii_ The attempt to evade any material provision of the rr istration or the pgMetration or attempt to perpetrate any fraudor deceit upon the city or its citizens, iii. Any material misrepresentation of fact in the registration application: and iii. The failure to comply with an order of the public works director. b. Written Notice of Breach. If the public works director detennines that the registrant has committed.a substantial breach,_th.c public works director shall notify the registrant of the breach in writing and demand that the registrant remedy the violation. The notice and demand shall inform the registrant that continued violations may result in revocation of the registration. In the notice and demand, the public works director may also impose additional or revised conditions on the registration to mitigate and remedy the breach. c. Response to Notice of Breach.Within two (2) business days of receiving the written notice and demand, the registrant shall provide the city with its plan to cure the breach. Any failure to respond to the notice, to submit an acceptable plan, or to implement the approved plan shall be grounds for immediate revocation of the registration. d. Reimbursement of Cijy Costs. Upon revocation of a registration, the re 'strant shall reimburse the city for its reasonable costs incurred because of the revocation, including but not limited to collection costs and attome fees. ees. (10) Location of Facilities. a_ Ownership. No telecommunications facility shall be placed on any structure without written permission from the owner of the structure. If the structure is owned by the city, a collocation or lease agreement may be required. b. New Structures. New structures may be installed in the pAt-of-way only subject to the provisions below. c. Attachments to Existing Structures. Telecommunications facilities that comply with the following requirements may be attached to existing structures within the light -of -way: 18 i . The extension to the existing structure, including lightning rods and all other attachments, shall not exceed the height of the existing structure by more than ten (10) feet. Once the height of a structure has been increased under the provisions of this ara a h, the height shall not be further increased. ii. If the structure must be replaced to structurally accommodate the telecommunications facility, the height of the replacement structure shall not exceed the height of the existing structure and the diameter of the replacement structure %hall not exceed the diameter of the existing structure by more than fifty 50Percent. Once the diameter of a replacement structure has been increased under the provisions of this ap ragrUb., the diameter shall not be further increased. iii. Excluding electrical meter and mounting hardware, the telecommunications facility shall not have an aggregate volume .greater than six () cubic feet. iv. The telecommunications facility shall not have an individual surface area face greater than three (3)square feet except that an individual face of a cylindrical device shall not exceed ten (10) square feet. V. The telecoinmunications facility shall not extend outward from the existing structure or arm thereof by more than eighteen (18) inches, except that an antenna one-half 112 inch or less in diameter may extend an additional six (6) inches. vi. The telecommunications facility shall have limited exposed cabling and mounting hardware. It shall also match the structure it is attached to in color and, as close as practicable, in material and design. vii. The telecommunications facility shall not interfere with public safety or with the use of a public safety structure. viii. The telecommunications facility shall not interfere with other existing telecommunications facilities. ix. Telecommunications facilities in the riebt-of-wav shall be removed and .relocated at the city's request, after pro6ding thirty days' %Titten notice to the registrant, and at no cost to the city when the public works director determines that removal and relocation is necessary to prevent interference with: (1) present or future city; use of the right-of-way for a 19 public proiect; (2) the public health or safety; or (3) the safety and convenience of travel over the right-of-way. d. Ground -Mounted Equipment. Ground -mounted equipment related to telecommunications facilities may be erected in the ri , it -of -way only when in compliance with the following_ provisions: iv. Theg round -mounted equipment will not disrupt traffic or pedestrian circulation; V. _The ground -mounted equipment will not interfere with vehicle and pedestrian intersection sight lines; vi. The ground -mounted equipment will not create a safety hazard; _vii. The location of the ground -mounted equipment minimizes impacts on adjacent property; viii. The ground -mounted equipment will not adversely impact the health safety,or welfare of the community; ix. The ground -mounted equipment shall be separated from the nearest ground -mounted equipment installation on the same block face by a minimum of three hundred (300) feet unless the equipment is placed underground, or unless waived by the public works director, X. If located adjacent to residential uses, ground -mounted equipment shall be limited to three 3 feet in height above grade and twenty- eight (28) cubic feet in cumulative size; xi. _ If located adiacent to non-residential uses, ground -mounted gquipment shall be limited to five (5) feet in hcight aboverg ade and ei ty-one (8 1 ) cubic feet in cumulative_ size; xii. The ground -mounted equipment shall have limited exposed cabling and mounting hardware. It shall also match the structure it is attached to in color and, as close as practicable, in material and design; and xiii. The ground -mounted equipment shall be removed and relocated at the cit quest, after providing thigy days' written notice to the registrant, and at no cost to the city when the public works director determines that reinoval and relocation is necessga to prevent hill interference with: U present or future city use of the right-of-wav for public project, (2)the public health or safe • or 3 the safet and convenience of travel over the right -of -water. e. As -built record plans. Registrant sliall L)ro!n tly submit as -built record ptans providiftg the type, size, and the location of all the: facilities in this section to the public works director follojKLng installation of the facilities. The location of the facilities needs to be identified by. GPS (Global Positioning System) location and/or with clear dimensions from the right-of-wav and adjacent public infrastructure. f. Exceptions_ The location requirements in this section shall not apply to the installation of public safety structures or by written exception granted by the public works director. Such written exception shall be in the public works director's sole discretion and shall consider surrounding topography and structures, structural capacity of relevant structures effect on abutting road and utilities and other relevant factors. (1 ]) hisurance and Indeinnification. a. Insurance._ Registrant shall obtain and maintain, throughout the term of the registration, a commercial general liability insurance policy which provides coverage for damage to the property of others or injury to persons. The city shall be named as an additional insured on said insurance policy. Said policy shall contain a clause which provides lan a ae stating that the com an that issues the policy shall not change, non -renew, or materiallyy change the policy without first providing the city thirty (30) days prior written notice. b. Indemnification. By applying for and accepting a registration the registrant and registrant akree to indemnify, defend and hold the city and its employees, contractors agents, representatives, elected and appointed officials and consultants harmless from any and all claims damages, losses, costs and expenses. including attorneys' fees, arising from, based on. or related to the facility, including but not limited to the facility's registration, design, location, installation, maintenance or other matters arising out of or related to the facility within the right-of-way all subject to Minnesota Rule 7819.1250. c. Failure to Register. Any telecommunications ri&t-of-way user who fails to register shall be guilty of a misdemeanor. The telecommunications ri t -of way user shall subsequently register. The fee for a subsequent registration shall be established from time to time by council resolution. The registrant shall also pay all the other fees required by the Code. deposit with the city the costs necessary to correct any damage to the right-of-way, and com-ply with all other requirements of this section. 21 d. Appeal. A telecommunications right-of-way user that has had a registration denied or revoked may appeal the denial -or revocation to the council. Such appeal shall be taken by filing with the City Clerk within ten (10) days after the denial or revocation, a written statement requesting a hearing before the council and setting forth fully the grounds for the appeal. A hearing shall be held within thirty (30) dys of receipt of the request. Notice of the hearing shall bevggby the City Clerk in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the applicant or registrant at his/her/its last known address at least five (5) days prior to the date set for hearing (u) Siting of Structures (1) Findings, Purpose and Intent. In order to accommodate the communication needs of residents and businesses while protectingthepublic health, safety and general welfare of the community, the council finds these regulations are necessary to maximize the use of existing and approved structures in the right-of-way in order to reduce the number of new structures necessary in the riglit-of-way to serve the community. (2) Scope and Application. In addition to all other requirements in this section, including but not limited to the requirement to obtain a right-of-way permit and the requirement of a telecommunications rit-of-way user to register each facility, installation or construction of structures shall be subject to the requirements of this section. (3) New Structures. The installation or construction in the right-of-way of a new structure shall be allowed only under the following circumstances: a. The maximum height of the structure, including all attachments, shall not exceed 50 feet. The height of structures shall be determined by measuring the vertical distance from the structure's point of contact with the ground to the highest point of the tower, including all facilities. b. Structures shall comply with the followingsetbacks: tbacks: i. Structures shall be located at least 10 feet from the curb or if there is no curb from the traveled right-of-way. ii. Structures shall be located at least 3 feet from pedestrian trails or sidewalks. iii. Structures shall be located at least 2 feet from a residential lot line. iv. Structures shall be located at least 2 feet froin a commercial or industrial lot line. 22 V. Structures shall be located at least 800 feet in any direction from the nearest existing telecommunications structure in the rit-of- way. vi. Structures shall be located at least , feet from any existing underground utility_ vii. Strictures shall he located at least 15 feet from anv existing sanitary sewer main storm sewer or watermain. viii. Structures shall be located at least 15 feet from any existing sanitary sewer service, storm sump PUMP service or water service. ix. Structures shall not be located within the site trianale abuttina an intersection of two public streets described as follows: Side l which begins at the point of intersection of the existing curb line of the strect or pavement edge if no curb and the intersecting street and extends 30 feet along the edge of the street away from the intersecting street; Side 2 which begins at the point of intersection of the existing curb line of the street (or pavement edge if no curb and the intersecting street and extends 30 feet along the length of the intersecting street,• and Side 3 connecting the end points of the two sides described above. X. Structures located_ between a street and a residential lot shall only be located within 5 feet from the property line measured perpendicular to the right-of-way and shall not be located directly in front of the existing primary structure. &c. Placing overhead facilities on both sides of the right-of-way is prohibited unless specifically approved by the public works director. b -d. Structures shall not include any lighting except as specifically required by federal, state, or local laws, rules or re lulations or if they can be integrated with street lighting and approved by the public works director. e. Structures shall not contain any- signs or advertising except for applicable warning and equipment infonnation required by the manufacturer or federal, state, or local laws, rules or regulations. f. Structures shall be designed to blend into the surrounding emironment to the maximum extent possible including through the use of exterior structure materials, color, texture, 23 and screenima and shall be a munupole design constructed of galvanized steel or aluminum. g. Structure design shall he subiect to approval by the_public works director taking into consideration safety, interference with the right -cif -way- and aesthetics. h. Structures shall not interfere with the right-of-way. i. Structures shall not endanger the public health, safety or welfare. 4 Exceptions. The sitin y requirements and setbacks in this section shall not gpply to the installation of public safetv structures or by written excel2tion granted by the public works director. Such written exception shall be in the public works, director's sole discretion and shall consider surrounding topography and structures, structural capacity of relevant structures, effect on abutting road and utilities, and other relevant factors. (Ord. No. 98-15; Ord. No. 15-13, § 2, 12-14-2015) Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this day of 2017. ATTEST: Valerie Leone, City Clerk Kathi Hemken, Mayor 24 PLANNING CASE REPORT City of New Hope Meeting Date: December 5, 2017 Report Date: December 1, 2017 Planning Case: 17-22 Petitioner: City of New Hope Planning Request: Screening of Air Conditioning Units I. Request Section 4-3(b)(6)g. of the New Hope City Code requires that air conditioning units be located in the rear yard. They may also be located in the side yard, provided the following conditions are met: 1. The cooling structure or condenser shall not produce noise levels contrary to subsections 9-42(c) and 9-42(d) of the City Code. 2. The cooling structure or condenser shall be screened by landscaping, fencing, or other means rendering it concealed from view from adjacent property. 3. The cooling structure or condenser shall not he within a required drainage and/or utility easement. Section 9-42(c) of the New Hope City Code specifies maximum sound levels by receiving land use district. Section 9-42(d) of the City Code states that "no person shall permanently install or place any air circulation device, except a window air conditioning unit, in any outdoor location until the noise control officer determines that the device in that location will comply with the maximum noise level standards prescribed above and issues a permit for the installation. The noise produced by any window unit and by any existing air circulation device shall be attenuated by means deemed appropriate by the noise control officer, including, but not limited to, relocation of such device, if the noise results in or contributes to a violation of the maximum noise level standards." When airflow to an air conditioning unit is impeded, it can overheat, thus increasing the possibility of malfunction. The City Code does not specify that air conditioning units in the rear yard must be screened from view; however, those in the side yard must be screened from view from the front, side, and rear yards. In some instances, the materials used to screen air conditioning units are substandard and do not hold up over time. In such cases, viewing air conditioning units from the right-of-way or adjacent properties may be more aesthetically pleasing than the materials that are used for screening. II. Recommendation The Codes and Standards Committee was in favor of eliminating screening requirements for air conditioning units located in the side yard. Staff recommends approval of the proposed text amendment. Planning Case Report 17-22 Page 1 12/5/17 Attachments 0 Ordinance 17-14 Planning Case Report 17-22 Page 2 12/5/17 ORDINANCE NO. 17-14 AN ORDINANCE AMENDING SECTION 4-3(b)(6) OF THE NEW HOPE CITY CODE RELATING TO THE SCREENING OF AIR CONDITIONING COOLING STRUCTURES OR CONDENSERS THE CITY COUNCIL OF THE CITY OF NEW HOPE ORDAINS: Section 1. Section 4-3(b)(6)g., is hereby amended to repeal the strikeouts and add the underlined text as follows: g. Air conditioners. Accessory uses or equipment such as air conditioning cooling structures or condensers (ground mounted) which naaemte noise ..r,.,y, be leeate are permitted in side Y rear yards: eeeling-stpas eated , MM required sid premed subject to the following conditions: 1. The cooling structure or condenser shall not produce noise levels contrary to subsections 9-42(c) and 9-42(d) of this Code. 3.2.The cooling structure or condenser shall not lie within a required drainage and/or utility easement. Section 2. Effective Date. This ordinance shall be effective upon passage and publication. APPROVED by the New Hope City Council this day of 2017 Kathi Hemken, Mayor ATTEST: Valerie Leone, City Clerk CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 PLANNING COMMISSION MINUTES November 7, 2017 City Hall, 7:00 p.m. CALL TO ORDER The New Hope Planning Commission met in regular session pursuant to due call and notice thereof; Chair Schmidt called the meeting to order at 7:00 p.m. ROLL CALL Present: Scott Clark, Jim Brinkman, Matt Mannix, Chris Hanson, Tom Schmidt, Roger Landy, Bill Smith, Cedrick Frazier, Michael Redden Absent: None Also Present: Jeff Sargent, Director of Community Development; Aaron Chirpich, Community Development Specialist; Jeff Alger, Community Development Assistant, Stacy Woods, Assistant City Attorney; Alan Brixius, Planning Consultant; Jessi Weber, Recording Secretary CONSENT BUSINESS None PUBLIC HEARING Chair Schmidt introduced Item 4.1, request for a Conditional Use Permit Planning Case 17-19 (CUP) to convert an existing 71,000 square foot warehouse building into Item 4.1 a climate controlled self -storage facility located at 3216 Winnetka Avenue N; Pamlico Investments, Inc., petitioner. Mr. Jeff Alger, Community Development Assistant, gave background on the planning case. Alger stated the building has been recently vacated and the applicant has proposed a 23,000 square foot addition to the second floor at the southwest corner of the one-story building. The proposed storage units would come in a variety of sizes and occupy all three floors within the building. Several exterior modifications and improvements are included in the development proposal along with the construction of an outdoor storage area. Next, Alger reviewed the zoning analysis. The subject property is zoned Industrial. The building and proposed outdoor storage shed and fencing meet all required setbacks. There are four driveway access points to the property with the entrance from Winnetka Avenue N providing access to the front entry of the building. The surfacing and pavement of the site and the number of parking stalls would meet requirements. Staff did request a sidewalk be added to connect the parking area to the office to ensure a safe walk for pedestrians. The applicant is proposing to remove four trees on site and does have a landscaping plan that includes replacement of these trees. It is recommended that one more tree be added to the plan and the trees be planted in an area that does not interfere with snow storage. All turf that is disturbed shall be replaced with seed or sod. The lighting plan includes all fixtures having 90 degree cut-offs and lighting levels which meets City Code requirements. Mr. Alger advised the New Hope City Code requires an on-site manager be on premises during all open hours. The applicant has ensured there would be an on-site manager seven days a week during open hours. Other security measures were also proposed including: having keypad access to the roll -up entry door located next to the office; 16 security cameras that monitor the interior and exterior of the building; a security system, fire suppression system, and fire alarm system will be installed; and two automatic entry gates with keypad access to secure the outdoor storage shed. The proposed snow storage and trash enclosures would meet city requirements. The Fire Department did specify fire lanes are required to have fire lane signage and yellow striping. A lock box, key, or fob may be required for entrance gates and an additional lock box shall be provided. Alger concluded that staff recommends that the Planning Commission recommend approval of the request for a Conditional Use Permit (CUP) to convert an existing 71,000 square foot warehouse building into a climate controlled self -storage facility. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff or the applicant, Commissioner Brinkman asked if the drive entrance is on the second or third level. Mr. Alger responded the main entrance is on the second level. Commissioner Brinkman asked how the third level would be accessed. Alger responded the third level would be accessed from the same main entrance. Al Brixius stated there would be an elevator inside to access the basement and third levels. Commissioner Smith asked if a survey was done to determine the demand for self -storage facilities. Alger stated the applicant could answer better, but in discussions with the applicant, there is a demand; which, is why the city continues to see proposals for self -storage facilities. The applicant, Joshua Davis, Cascade Storage Partners, 7475 West 5f Ave, Lakewood CO, came to the podium to answer questions. Commissioner Landy asked if the applicant owned other self -storage facilities. Mr. Davis stated they had other facilities in Denver Colorado, Charlotte North Carolina, and Knoxville Tennessee. Commissioner Landy asked Mr. Davis what brings them to New Hope. The applicant responded they looked at New Hope because of development opportunity. Commissioner Landy said his concern was related to safety in regards to what can and cannot be stored in the units. Mr. Davis stated there is a clause in the lease that states hazardous and flammable materials are prohibited. The applicant addressed the previous question; the feasibility study for the market indicates there is demand for this industry. Through the years from 2009-2014 there was minimal development due to the credit market. Now is a catch-up period to accommodate demand; which, explains the increase in self -storage facility proposals. The applicant will work with a third party management company that has the experience of managing 850 other 2 Planning Commission Meeting November 7, 2017 units. Commissioner Redden read the section in the lease that referenced the prohibited materials not being allowed in units. Chair Schmidt inquired if anyone in the audience would like to address the Planning Commission. Being that no one else wanted to speak, Chair Schmidt asked for a motion to close the Public Hearing. Motion by Commissioner Landy, seconded by Commissioner Brinkman, to close the public hearing. All present voted in favor. Motion carried. Motion Motion by Commissioner Clark, seconded by Commissioner Landy, to Item 41 approve Planning Case 17-19, request for a Conditional Use Permit (CUP) to convert an existing 71,000 square foot warehouse building into a climate controlled self -storage facility located at 3216 Winnetka Avenue N; Pamlico Investments, Inc., petitioner, with the following conditions: 1. Sidewalk connecting northwest parking lot to office entrance shall be installed. 2. Additional parking in the designated proof of parking area shall be constructed if it is determined that on-site parking supply is not sufficient to meet parking demands of the site. 3. Open outdoor storage shall be limited to the designated area, and shall be kept free of refuse, trash, debris, weeds, and waste fill. 4. Landscape plan shall be updated to show that all disturbed areas will be restored with seed or sod and one additional tree to fulfill standards set forth by the city's tree replacement policy. 5. Fire lane shall be denoted with yellow striping and fire lane signage. Fire lane sign shall be posted along the south and east sides of the rear drive and along the curb on the south side of the building. 6. The facility shall prohibit all commercial or residential uses other than storage. 7. Hazardous or toxic materials, as identified by local, State or Federal government, shall be prohibited within outdoor storage area. 8. Address numbers 6 inches or greater in height and of contrasting color shall be installed on building. 9. The CUP shall be recorded with Hennepin County. Voting in favor: Clark, Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Frazier, Redden Voting against: None Absent: None Motion approved 9-0 Chair Schmidt stated the case will move forward to the November 27th City Council meeting. 3 Planning Commission Meeting November 7, 2017 PUBLIC HEARING Chair Schmidt introduced Item 4.2, request for a Conditional Use Permit Planning Case 17-21 (CUP) to allow for a firearms training facility and shooting range in the Item 4.2 Industrial district at 9449 Science Center Drive; SafePoint, petitioner. Mr. Aaron Chirpich, Community Development Specialist, gave background on the planning case. Chirpich stated the applicant is proposing to create a new company called SafePoint, and 9449 Science Center Drive will serve as their corporate headquarters. There would be four distinct uses including: firearm shooting ranges, retail sales of firearms and related equipment, training rooms, and office space. The building was built in 2016 and is currently vacant and the applicant plans to lease the entire space. Next, Chirpich reviewed the zoning analysis. The circulation, access, curbing, sidewalk, and pavement have no proposed changes and are sufficient with city. requirements. The site currently provides 133 parking spaces; which, staff believes is adequate for the proposed business use. The applicant has indicated that periodic special weekend events will be promoted and they estimate this may push parking demand to 208 stalls. The applicant has proposed providing an estimated 30 additional stalls in the rear yard utilizing loading areas and contacting the business to the south to secure off-site parking. Staff finds this acceptable so long as applicant provides a parking plan for the rear yard of building and providing written permission from adjoining property owner allowing off-site parking. No new landscaping or lighting is proposed and all existing landscaping and lighting meets code requirements. The applicant has estimated a noise level of 70 decibels at a distance of 50 feet from the building, which will be compliant with city standards. The firing ranges are designed using a building within a building concept to reduce and muffle noise from gunfire by using concrete and other noise reduction material in the range enclosures. Chirpich explained the proposed retail sales area accounts for 14.6 percent of the gross floor area, which would be allowed with an administrative permit that would be approved with the CUP. The applicant would be providing extensive, high-quality security measures that would include 2 -factor biometric controls, surveillance, key -card access points, hardened doors, and rigorous staff training. The security plan was reviewed and the Police Chief feels the plan has been responsibly conceived. Signage would be approved at a later date through the regular sign permitting process. The site currently has a foundation in place in the northwest corner of the property for a monument sign that was approved with the site plan for the new building. The utilities, loading, trash, and exterior of building will have no changes. Chirpich concluded that staff recommends that the Planning Commission recommend approval of the request for a Conditional Use 4 Planning Commission Meeting November 7, 2017 Permit (CUP) to allow for a firearms training facility. and shooting range in the Industrial district at 9449 Science Center Drive. When Chair Schmidt questioned whether any of the Commissioners had any questions for staff or the applicant, it was asked that the applicant come to the podium. Curtis Moore, 2008141st Lane NE, Ham Lake, MN and Todd Vojta, 20845 Sunnyhill Lane, Corcoran, '_VIN came to the podium. Commissioner Landy asked the applicants if customers would come to their facility bringing their own firearms or will they be stored in the facility. The applicant responded the majority of range users would come with their own firearms. Commissioner Landy asked if the firearms would be secured correctly. Mr. Moore stated they would be unloaded and in a case. Upon entering the firing range, the guns would then be uncased'and loaded. Mr. Vojta stated that would be the majority; taking into account those who have a permit -to -carry. Commissioner Landy asked if the applicant was comfortable with the parking plans for special events. Mr. Vojta stated they were comfortable with the setup as the rear of the building is virtually unused. Commissioner Landy asked the applicant if they could explain the training requirements for staff. Mr. Vojta stated all pre-employment training requirements would need to be met before employees would start working and regular monthly training is required for staff. Commissioner Landy asked if background checks are completed before hiring. The applicant confirmed background checks are performed before hiring all staff. Mr. Moore said many of their staff would be comprised of law enforcement officials. Commissioner Landy mentioned that Can Do Canines has concerns about noise and safety and suggested the applicants meet with them to address their concerns. Commissioner Smith asked if there would be any outside security. The applicant confirmed there would be significant video surveillance and pylons by the front door to prevent any vehicle from entering the building; it was confirmed that they have no plans for security guards roaming the outdoor area. Commissioner Redden asked what the second biometrics was. Christopher Dye, 8371 Passfield Turn, Maple Grove, VIN, answered on behalf of the applicant. Mr. Dye stated smart card access technology and fingerprinting are the two methods. Commissioner Brinkman stated that a Federal Firearms license would be required and wanted to know whose names would be on the license. The applicant confirmed there would be four names on the license, the license application has been submitted, and they would not open until that is approved. Commissioner Brinkman asked if silencers and automatic weapons would be sold in the retail store of the company. Chad Freeman, Operations Manager, 6872 Creekside Way, Minnetrista, MN, stated he has been working in the firearms industry all his adult life. Mr. Freeman informed they would not be selling automatic weapons or silencers. They would have automatic weapons on site for use in the gun range only. Commissioner Schmidt asked if semi - Planning Commission Meeting November 7, 2017 automatic weapons would be sold. Mr. Freeman confirmed they would sell semi-automatic weapons. Commissioner Brinkman asked what percentage of revenues would be from each category. Mr. Moore, stated that over half the revenue will be from training education and range and roughly 40 percent would be from the retail store. Commissioner Brinkman questioned Stacy Woods if the city had the ability to restrict the selling of ammunition or guns. Stacy responded she was not aware of being able to restrict sales of certain items if they meet the state and federal laws. Al Brixius said that right now the city does not have anything in place to restrict sales. The industry is heavily regulated federally and the applicant would have to abide by those laws. Commissioner Frazier asked if the applicant could explain the process of someone wanting to come in and test out a firearm. Mr. Freeman explained there is a qualifying questionnaire to be gone through by the range safety officer. The certified officer will take the individual into the range and go through each step from the set up and loading and firing of the firearm. Each individual range has its own video surveillance. If a situation should arise, each lane can be locked down to prevent escape and ensure the safety of others. Commissioner Frazier asked how many people would be monitoring the surveillance. Mr. Vojta explained the background and years of experience he has had in the safety industry. During the day there would be around 6-10 people monitoring the surveillance. Evenings and weekends will have higher numbers of staff as those are busier times. Commissioner Brinkman asked if they would be selling permits for hunting. The applicant responded they would sell permits, as that would tie in with their sporting oriented part of the business that includes adventure travel. Commissioner Schmidt stated in situations that have arisen with firearms, typically the person involved has been problematic beforehand and he is interested in the background check process to ensure firearms do not get in the wrong hands. Mr. Vojta stated they need to follow all the federal laws, they also have the right to refuse sale. Mr. Freeman explained the process to have a firearm transferred and all the checkpoints that are required. Commissioner Redden stated no sales would be made under the gun - show exception. Everything would have to go through all the appropriate checks. Commissioner Brinkman asked Mr. Chirpich if there was a report from the Police Department on the case. Chirpich responded the Police Chief stated in email correspondence that the security section of the report meets his expectations but would work with the applicant ongoing to make sure they are compliant with his expectations and make recommendations as he sees fit. Commissioner Smith asked what kind of leasing agreement existed with 6 Planning Commission Meeting November 7, 2017 the building owner to show the longevity of the company. Mr. Vojta stated there is an initial lease of 10 years with five-year renewals. Commissioner Hanson had questions on how the sound levels may interfere with dogs. Hanson asked if gunfire could be heard in the parking lot with the sound mitigation techniques being implemented in the design. Mr. Vojta stated the firing range is in the middle of the building with offices and other areas surrounding. Each of the walls contains sound mitigation material, which help to reduce the noise be the time the exterior of the building is reached. Commissioner Redden informed Bill's Gun Range in Robbinsdale is located in a strip mall and does rent fully automatic weapons. There are no noise complaints from that area he is aware of. The two-step biometric security system that is in place is stricter than what is required to go through to obtain a weapon in the military. He personally would not have an issue with the technology being used in the security plan. Commissioner Schmidt stated if you are in the restaurant above Bill's Gun Range, you can hear noise from the firearms. Can Do Canines was then asked to step to the podium. Luke Matusovic, Operations Director for Can Do Canines, 9440 Science Center Drive, New Hope, MN, read a letter from the board and staff of Can Do Canines. The letter stated concerns the agency had regarding SafePoint being located next to them. Commissioner Schmidt questioned where the area is located that the dogs are exercised. Mr. Matusovic showed where the kennel and dog run are located. Commissioner Schmidt asked if anyone was aware of sound barrier walls being constructed along Highway 169 in the future. Al Brixius said sound walls are typically installed along residential areas and not commercial/industrial. Mr. Brixius stated that all information is being looked at in regards to sound and taken into consideration with this proposal Commissioner Clark stated it should be explained as to what 70 decibels means in actual noise. Mr. Sargent used an example of 70 decibels being equal to living room music or a vacuum cleaner and 80 decibels being equivalent to garbage disposal or dishwasher. The city has a concern for the current community and future community with any planning case that is submitted. This building was built with 8 loading bays/docks that could be utilized by a business that would make use of those docks with semi -trailers loading and unloading all day, which would cause more exterior noise than SafePoint would likely create. The rights of the current community needs to be considered along with the applicants rights. Commissioner Redden asked if the building materials would be reviewed to ensure they are being constructed to control the noise as proposed during the permitting process. Mr. Sargent said the Building Official would determine if the plan submitted would meet the 7 Planning Commission Meeting November 7, 2017 minimum building requirements. Chair Schmidt inquired if anyone else in the audience would like to address the Planning Commission. Being that no one else wanted to speak, Chair Schmidt asked for a motion to close the Public Hearing. Motion by Commissioner Landy, seconded by Commissioner Redden, to close the public hearing. All present voted in favor. Motion carried. Commissioner Landy recommended the request from Can Do Canines to be included in the motion. Motion Motion by Commissioner Landy, seconded by Commissioner Redden, to Item 4.2 approve Planning Case 17-21, request for a Conditional Use Permit (CUP) to allow for a firearms training facility and shooting range in the Industrial district at 9449 Science Center Drive; SafePoint, petitioner, with the following conditions to also include the two items that Can Do Canines would Iike addressed: 1. The conditional use permit shall be recorded with Hennepin County. 2. Noise levels associated with the use shall remain in compliance with City Code. 3. The administrative use permit for retail sales in the Industrial District is approved. 4. The current parking is adequate for daily business operations, however, the applicant must provide the following information for special event parking. a. Parking layout for the rear of the building, showing the Iocation and dimensions of proposed special event parking stalls. b. Prior to any special event, the applicant shall provide the city with written permission from the adjoining property owner for off-site parking. 3. Building security measures shall be subject to the review and recommendations of the New Hope Police Chief. 6. No signage is approved with this CUP. The applicant will have to secure individual permits for all signs. 7. Can Do Canines would like to know what advance studies have been completed to estimate the outdoor sound level surrounding SafePoint gun range. If such studies have not been done, they would like them completed. Can Do Canines believes it is reasonable to have this information in hand, and to have it considered by the City Council, before a final decision is made by the City of New Hope to permit this use. S. Can Do Canines would like approval of this proposal to require a written commitment from the owners of SafePoint Gun Range that if at any time the sound should be loud enough to cause problems with the normal operation of Can 8 Planning Commission Meeting November 7, 2017 COMMITTEE REPORTS Design and Review Committee Item 5.1 Codes and Standards Committee Item 5.2 Do Canines, SafePoint Gun Range will hire the appropriate evaluators to determine that the sound maximum produced during peak gun range usage does not exceed the permitted maximum under local code of 80 decibels. Voting in favor: Brinkman, Mannix, Hanson, Schmidt, Landy, Smith, Frazier, Redden Voting against: None Abstaining: Clark Absent: None Motion approved 8-0 Chair Schmidt stated the case will move forward to the November 27th City Council meeting. Commissioner Redden confirmed the two concerns from Can Do Canines were included with the motion. Commissioner Landy stated they were. There will not be a meeting on November 16, 2017 as no applications were received. November 8, 2017, at 6:00 p.m. NEW BUSINESS Commissioner Clark asked what happened with the gas station proposal. Mr. Sargent informed the proposal was tabled to the next city council meeting, which would be November 13th, OLD BUSINESS Motion by Commissioner Landy, seconded by Commissioner Schmidt, Approval of Minutes to approve the Planning Commission minutes of October 3, 2017, Item 7.1 _Motion carried. ANNOUNCEMENTS None ADJOURNMENT The Planning Commission meeting was unanimously adjourned at 8:26 p.m. Respectfully submitted, JX-AA J t `" A Jessi Weber, Recording Secretary 9 Planning Commission Meeting November 7, 2017