Planning Commission AGENDA...Planning Commission Item Originator Planning Item Revise standards for...

**6/25/20 PLANNING COMMISSION WEBEX EVENT PARTICIPATION INFORMATION** 6/25/20 Planning Commission Webex Event Participation Information

ITEM 1 - PL2020-93 - 6:00 P.M. 1.1 Revise standards for the placement of wireless telecommunication facilities in the public right of way

for consistency with State Statute, thereby amending Chapters 17, 19 and 21 of the City Code ITEM 2 2.1 Approval of draft Planning Commission meeting synopsis of 06/11/20

Planning CommissionAGENDA

PLANNING COMMISSION REGULAR MEETINGTHURSDAY, JUNE 25, 2020

COUNCIL CHAMBERS (VIA WEBEX EVENT)BLOOMINGTON CIVIC PLAZA1800 W. OLD SHAKOPEE RD.BLOOMINGTON, MN 55431

6:00 PM

BloomingtonMN.gov: A yearly meeting schedule, agendas, and the official minutes once approved are available. If you require areasonable accommodation, please call 952-563-8733 (MN Relay 711) as soon as possible, but no later than 9:00 a.m. one business daybefore the meeting day.

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Planning Commission Item

Originator Planning

Item 6/25/20 Planning Commission Webex Event Participation Information

Agenda Section **6/25/20 Planning CommissionWebex Event ParticipationInformation**

Date June 25, 2020

Requested Action:

Public participation is encouraged. If you wish to watch or join the WebEx Event, please see information below.

Description:

Due to the COVID-19 pandemic, Planning Commission meetings are being conducted through remote means. Some or all members of the Bloomington Planning Commission will participate in the June 25, 2020 PlanningCommission meeting by telephone/computer rather than by being personally present at the PlanningCommission's regular meeting place at the Council Chambers at Civic Plaza, 1800 West Old Shakopee Road inBloomington.

Members of the public can watch or listen to the Planning Commission meeting by:

Calling 1-415-655-0001, Access code: 133 156 4912 at the start of the meeting (6 p.m.).Watching online at blm.mn/btv-live or the City's YouTube channel blm.mn/youtube.Watching Comcast channel 14 (SD) or 859 (HD).

Members of the public can submit testimony or comment on an agenda item by:

Sending an email to [email protected] your testimony by voicemail at 952-563-8920.Requesting instructions at [email protected] to participate live during the public hearing forthat agenda item.

To ensure City staff have adequate time to disseminate your email or voicemail testimony to the PlanningCommission or to process your request for live participation, please submit it by 12 noon on June 25, 2020. Besure to include the name of the specific agenda item.

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http://blm.mn/btv-live

http://blm.mn/youtube

mailto:[email protected]

mailto:[email protected]


Originator Planning

Item Revise standards for the placement of wireless telecommunicationfacilities in the public right of way for consistency with State Statute,thereby amending Chapters 17, 19 and 21 of the City Code

Agenda Section Item 1 - PL2020-93 - 6:00 p.m.

Date June 25, 2020

Requested Action:

Staff recommends approval of the ordinance through the following motion: In Case #PL2020-93, I move to recommend the adoption of an ordinance updating the City’s regulations pertainingto small wireless facilities installed in the public right-of-way to ensure compliance with Minnesota Statutes.

Description:

Revise standards for the placement of wireless telecommunication facilities in the public right of way forconsistency with State Statute, thereby amending Chapters 17, 19 and 21 of the City Code

Attachments:

Staff ReportProject DescriptionSmall Wireless Facility OrdinanceApplicable Minnesota StatutesAffidavit of Publication

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/623033/Staff_Report_PL202000093_PC.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/623023/Small_Cell_Project_Description.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/623651/Small_Wireless_Facility_Ordinance_PC_062520.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/623026/Minnesota_Statutes.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/623024/Affidavit_of_Publication.pdf

CITY OF BLOOMINGTON MINNESOTACASE PL2020-93

REQUEST FOR COUNCIL ACTIONPAGE 1 of 4

Report to the Planning CommissionPlanning Division/Engineering Division

06/25/2020

GENERAL INFORMATION

Applicant: City of Bloomington

Request: Small Wireless Facility Ordinance Update

HISTORY

City Council Action: 07/01/1996 – Approved the adoption of tower regulations in Chapter 19 of the City Code (Ordinance #96-25).

11/16/1998 – Approved the adoption of right-of-way management and permitting provisions in Chapter 17 of the City Code (Ordinance #98-54).

06/18/2001 – Approved the adoption of standards for wireless telecommunication facilities in the public right-of-way in Chapter 17 and 19 of the City Code (Ordinance #2001-20).

CHRONOLOGY

Planning Commission 06/25/2020 Public hearing scheduled

Council 07/27/2020 Public hearing anticipated

DEADLINE FOR AGENCY ACTION

Application Date: 05/20/2020 60 Days: 07/19/2020120 Days: 09/17/2020Applicable Deadline: Waived by applicantNewspaper Notification: Confirmed (06/11/2020 Sun Current – 10 day notice)

STAFF CONTACT

Nick Johnson, PlannerPhone: (952) 563-8925 E-mail: [email protected]

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PROPOSAL

In May of 2017, Minnesota Statutes (M.S. 237.162 and 237.163) were revised to update regulations pertaining to the deployment of small wireless facilities within public rights-of-way. Updates to statute included a definition of small wireless facilities, new performance standards for such facilities, revised permit processes and fees, clarifications to roles and responsibilities of facility installers and local government, and other miscellaneous changes. The proposed ordinance is intended to make applicable and relevant provisions within City Code pertaining to small wireless facilities consistent and compliant with Minnesota Statutes. Regulations pertaining to small wireless facilities are found in Chapter 17 (right-of-way management) and Chapters 19 and 21 (zoning regulations), and an amendment to those City Code chapters are proposed as a result.

ANALYSIS

The proposed ordinance update pertaining to small wireless facilities installed in the public right-of-way includes a variety of administrative, procedural, performance and other standards that will better align City Code with updated State Statute. Consistent with the statute, the definition of a small wireless facility has been added to Chapter 17 of the City Code. Antennas associated with small wireless facilities must be six cubic feet or smaller, and all equipment associated with a singular facility must not exceed 28 cubic feet in aggregate, excluding electrical meters and other miscellaneous ground equipment. Under this definition, only wireless telecommunication antennas and facilities that are known as “small cell” can be deployed in this manner in the public-right-of way. Larger “macro-cell” antennas and facilities that do not meet this definition would not be permitted as a result.

Administrative and procedural updates to the process match past policy and include a Code requirement that the applicant enter into a small wireless facility agreement to be eligible to collocate on a City-owned support structures or other asset in the right-of-way. In addition, insurance requirements for registrants have been updated to current best practice as specified in existing permitting processes. These updates ensure a smooth permitting process that is consistent with Minnesota Statute.

Regarding updated performance standards pertaining to small wireless facilities, the proposed ordinance includes the following revisions and additions:

Facility Size – The maximum permitted size of small wireless facilities attached to existing or replacement support structures is proposed to increase from three to six cubic feet, consistent with the definition in Minnesota Statute. Small wireless facilities with other associated equipment, excluding ground equipment, may not exceed 28 cubic feet in aggregate size per the definition.

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06/25/2020

Horizontal Extension – The maximum extension from a wireless support structure is proposed to be increased from two to three feet based on the needs of small wireless facilities that have been previously reviewed by staff.

Facility Height – The height of replacement utility or wireless support structures and all associated equipment may not exceed the existing condition or 50 feet. New wireless support structures and all associated equipment may not exceed 50 feet in height. The height limitations are established in Minnesota Statute.

Ground Mounted Equipment – Minor adjustments were made to provisions pertaining to ground mounted equipment associated with small wireless facilities. The required separation between the equipment and a sidewalk is proposed to be decreased from three feet to two feet, and equipment setbacks from planned widened right-of-way has been removed.

New Poles – When a new pole or wireless support structure is proposed to be installed, it must not be located within 600 feet of an existing wireless support structure unless it is replacing an existing utility pole. The separation provision is intended to ensure the right-of-way does not become overly concentrated with new support structures. The maximum diameter of a new pole is one and one-half (1.5) feet. New poles must comply with the design and aesthetic standards established by the City Engineer.

Towers and Antennas in the Right of Way – The ordinance proposes to update the zoning use table (Sec. 21.209) by making antennas and towers located within the right-of-way permitted uses in residential zoning districts, as long as they comply with the standards in Chapter 17. The proposed use designation differs than the current designation in the Zoning Code, where an antenna and tower proposed in residentially zoned rights-of-way is a conditional use, necessitating the approval of a Conditional Use Permit (CUP). Two CUPs for small wireless facilities in the right of way have been approved in the past. ]It should be noted that Minnesota Statute does allow for small wireless facilities to be subject to a conditional use designation when located in residentially zoned rights-of-way. However, if these facilities comply with State Statute and City Code from a design and location standpoint, the City has little discretion to deny such a CUP application. As a result, staff does not find merit or measurable value in requiring a CUP for such structures. Small wireless facilities are subject to a permit process prior to installation, which provides the means for City staff to ensure compliance with the performance standards in City Code. Staff is recommending that small wireless facilities in the right-of-way be permitted uses in residentially zoned areas, subject to the established permitting processes.

In addition to the proposed amendments and additions described above, there are a number of miscellaneous changes to Chapters 17 and 19 that reflect improvements or “clean-ups” to the City Code intended to make the permitting and administrative processes sharp and accurate from an administrative standpoint. Current best practices and terms are inserted into the ordinance to reflect the current process administered by the Public Works Department, which manages the City’s public rights-of-way.

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One other addition to the ordinance that staff contemplated including would be a public notification requirement on the part of the installer. Minnesota Statute is silent on a public notification requirement for installers to notify properties in close proximity to a proposed small wireless facility. During the number of small wireless facilities approved and deployed into the right-of-way thus far, the City has received only limited contact from adjacent property owners or residents following installation or public notification. When the City has received questions from the public, staff explains that the proposed equipment is permitted to be located in the right-of-way according to State Statute. In addition, it should be noted that there is no public notification requirement for utilities that are currently allowed and deployed in the right-of-way. Examples of utilities in the right-of-way include electrical, natural gas, cable and fiber optics. As such, staff concluded that the public notification requirement for small wireless facilities should not be included from a parity or fairness standpoint with how utilities are regulated. Should Minnesota Statute provide new guidance in the future regarding public notification for small wireless facility deployment, the City would be well served to quickly adopt this requirement in the future. Until that time, staff recommends that small wireless facilities be treated similarly to utilities, as that is how the State Statute contemplates this infrastructure.

Outreach and Public Input

To solicit feedback from the installers and owners of small wireless facilities in Bloomington, City staff distributed the proposed ordinance to all of the parties that have been issued small cell wireless permits or approvals in Bloomington right of way. As of the publication date of this staff report and associated agenda packet, staff has not received any written correspondence on the proposed ordinance. If staff receives any review comments from the installers, providers, or other members of the public, staff will share this correspondence with Planning Commission and make the correspondence a formal component of the public record.

RECOMMENDATION

Staff recommends approval of the ordinance through the following motion:

In Case #PL2020-93, I move to recommend the adoption of an ordinance updating the City’s regulations pertaining to small wireless facilities installed in the public right-of-way to ensure compliance with Minnesota Statute.

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Project Description June 25, 2020

GENERAL INFORMATION

Applicant: City of Bloomington

Request: Small Wireless Facilities Ordinance Update

BACKGROUND

In May of 2017, Minnesota Statutes were amended to include updated definitions and rules pertaining to the deployment of small wireless facilities and associated equipment in public rights-of-way. The revised statutes include new regulations regarding right-of-way permitting processes and fees, facility height, facility placement, and other related regulations. Since the adoption of these amendments, the city has processed and issued multiple permits for small wireless facilities located in the public right-of-way managed by the City. Chapter 17 of the City Code includes provision pertaining to the management of the public right-of-way. Chapter 19 and 21 of the City code include the City’s zoning and land use regulations. City staff has prepared an ordinance to update these sections of the City Code to reflect the updated Minnesota Statute pertaining to the deployment of small wireless facilities in the right-of-way. Minnesota Statutes 237.162 and 237.163 are attached for reference.

SMALL WIRELESS FACILITY ORDINANCE UPDATE

To bring the City Code into conformance with State Statutes relating to small wireless facilities, staff is proposing the following revisions to the City’s right-of-way management and zoning regulations:

Definitions (Chapter 17) – In addition to other minor additions to the definitions section, small wireless facility as defined in State Statutes has been added.

Insurance (Chapter 17) – Insurance coverage requirements for registrants have been updated to be consistent with the current coverage requirements specified in the small cell permit process.

Permit/Agreement Requirements (Chapter 17) – Provisions have been added specifying when a pole attachment permit and/or a small wireless facility agreement are required. Wireless telecommunication facilities that do not meet the definition of a small wireless facility from a size standpoint are not eligible for a permit or small wireless facility agreement.

Telecommunication Facility Standards (Chapter 17)o Size – Permitted size of a telecommunication facility increased from three to six

cubic feet to be consistent with statutory definition of a small wireless facility.o Height – Pole extensions and new poles or support structures and associated

equipment are limited to 50 feet in height as specified in State Statute.

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Project Description June 25, 2020Page 2

o Ground Equipment – Existing standards for ground mounted equipment associated with a small wireless facility have been updated to reflect current practice and policy.

o New Poles – New wireless support structures are not allowed within 600 feet of an existing wireless support structure, except as a replacement of an existing utility structure. New poles are limited to diameter of one and one-half (1.5) feet.

Tower Standards (Chapter 19) – Regulations pertaining to towers are differentiated or separated based on their location within or outside the public right-of-way. If any conflicts between City Code and State Statute arise, State Statute supersedes City Code provisions.

Use Tables (Chapter 21) – The City’s zoning use table has been revised to differentiate towers and antennas within and outside public right-of-way. Towers and antennas located within the public right-of-way and compliant with the regulations in Chapter 17 have been designated as a permitted use in the residential zoning districts.

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ORDINANCE NO. 2020 -

AN ORDINANCE AMENDING RIGHT-OF-WAY MANAGEMENT AND ZONING STANDARDS PERTAINING TO THE DEPLOYMENT OF SMALL WIRELESS FACILITIES, ANTENNAS AND TOWERS IN THE PUBLIC RIGHT-OF-WAY, THEREBY AMENDING CHAPTERS 17, 19 AND

21 OF THE CITY CODE.

The City Council of the City of Bloomington, Minnesota ordains:

Section 1. That Chapter 17 of the City Code is hereby amended by deleting those words that are contained in brackets [ ] with strikethrough text and adding those words that are underlined, to read as follows:

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CHAPTER 17: STREETS AND RIGHTS-OF-WAY***

ARTICLE IV. RIGHT-OF-WAY MANAGEMENT AND LOCATING OF UNDERGROUND FACILITIES

§ 17.64 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 a substantial investment of public funds to build and maintain the rights-of-way. It also recognizes that some persons, by placing their equipment in the right-of-way and charging the citizens of the city for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. Although the installation of such service delivery facilities are in most cases necessary and proper use of the right-of-way, the city must regulate and manage such uses for the common good. 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 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 funds the majority of 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. In order to fulfill its duties imposed by the Minnesota Office of Pipeline Safety under Minnesota Rules Chapter 7560 to maintain information regarding the location of privately owned and installed underground facilities within a public right-of-way and to protect the public health, safety and welfare from any dangers posed by underground facilities the location of which is not of record, the city shall require private property owners and their private utility contractors, excavators and installers to provide the city with up to date, accurate information of all underground equipment installed in the public right-of-way or in any public ground or on any property where the facility or equipment is now or in the future to be connected to the city’s facilities.

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This Article IV imposes reasonable regulations on the placement and maintenance of facilities and 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 Article IV, persons excavating, disturbing or obstructing the rights-of-way will bear a share of the financial responsibility for their work through the recovery of out-of-pocket and projected costs for maintaining the integrity of the public rights-of-way. This Article IV also provides for recovery of the city’s costs associated with managing its rights-of-way.

This Article IV shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in M.S. §§ 237.16, 237.162, 237.163, 237.79, 237.81 and 238.086, [as they may be amended from time to time](the “Act”), and the other laws governing applicable rights of the city and users of the right-of-way. This Article IV shall also be interpreted consistently with Minnesota Rules 7819.0050 through 7819.9950, and Minn. R., ch. 7560 where possible as applicable. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public.

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§ 17.65 DEFINITIONS

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CO-LOCATE OR CO-LOCATION. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the city or other governmental unit.

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PUBLIC RIGHT-OF-WAY. The area on, below or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right of way does not include the airwaves above a right of way with regard to cellular or other non-wire telecommunications or broadcast service.

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RIGHT-OF-WAY PERMIT. An excavation permit, obstruction permit, pole attachment permit or a utility permit, or any combination thereof, depending on the context required by this Article IV.

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SMALL WIRELESS FACILITY. A wireless facility, as defined in MS §237.162, that meets both of the following qualifications:

(1) Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and

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(2) All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment.

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WIRELESS SUPPORT STRUCTURE. A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city.

WIRELESS TELECOMMUNICATION FACILITY. A tangible asset used to provide wireless telecommunication or data services, including all antennas, support devices, equipment including ground equipment, associated cables and attachments.

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§ 17.66 REGISTRATION

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(c) Registration Information. The registrant [shall]must provide, at the time of registration and within 15 days following the date the registrant becomes aware of any change thereto, the following information:(1) Registrant’s name, address, telephone number, facsimile number and Gopher One

Call registration certificate number if required by state law;(2) Name, street address, e-mail address, telephone number and facsimile number of the

person responsible for fulfilling the obligations of the registrant;(3) A certificate of insurance from a company licensed to do business in the State of

Minnesota providing minimum coverage in the following amounts:(A) Worker’s compensation: $500,000 each person, each occurrence.(B) General liability, including bodily injury and property damage: $1,500,000 per

occurrence, $3,000,000 minimum general aggregate and $2,000,000 products and completed operations aggregate.

(C) Automobile liability insurance, including owned, non-owned and hired vehicles: $1,500,000 per occurrence and $3,000,000 general aggregate.

(D) Property insurance, covering damages to the registrant’s property in the right-of-way: in an amount sufficient to replace the damaged property, loss of use and comply with any ordinance or law requirements $1,000,000 or greater.

(E) The City may require an adjustment to insurance coverage limits for any installation in place longer than 12 months.

[Public liability, including premises, products and complete operations:Bodily injury liability: $1,000,000 each person, $3,000,000 each occurrence; and

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Property damage liability: $3,000,000 each occurrence.In lieu of subsections (1) and (2), bodily injury and property damage combined: $3,000,000 single limit.Comprehensive:

Automobile liability insurance, including owned, non-owned and hired vehicles:Bodily injury liability: $1,000,000 each person, $3,000,000 each occurrence; andProperty damage liability: $3,000,000 each occurrence.In lieu of (1) and (2), bodily injury and property damage combined: $3,000,000 single limit.]

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§ 17.68 PERMIT REQUIRED

(a) Permit required. Except at otherwise provided in this code, no registrant may obstruct or excavate any right-of-way without first having been issued the appropriate right-of-way permit pursuant to this section and conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city.

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(3) Pole attachment permit. A pole attachment permit is required by the registrant in order to attach a wireless telecommunication facility to a[n] new or existing public utility structure or wireless support structure in the public right-of-way. [A pole attachment permit is not required if a registrant has been issued a valid excavation permit for the same project.] A wireless telecommunication facility shall only be co-located on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. A permit will be deemed void if the approved equipment is not installed within one year of issuance of the permit. Wireless telecommunication facilities that are larger than what is defined as a small wireless facility in §17.65 of this code are not permitted and therefore not eligible for a pole attachment permit.

(4) Small Wireless Facility Agreement. A wireless telecommunication facility may not be co-located on a wireless support structure owned or controlled by the city, or any other city asset in the right-of-way, unless it meets the definition of a Small Wireless Facility and the applicant has executed a standard small wireless facility co-location agreement with the city. The standard co-location agreement requires payment of fees as authorized under M.S. 237.163. The standard co-location agreement shall be in addition to, and not in lieu of, the required pole attachment permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to co-locate. Issuance of a pole attachment permit does not supersede, alter or affect any then-existing agreement between the city and applicant.

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§ 17.70 STANDARDS FOR CONSTRUCTION OR INSTALLATION

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(d) Standards for wireless telecommunication facilities.

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(2) Wireless telecommunication facilities as pole attachments. Wireless telecommunication facilities that meet the definition of a Small Wireless Facility and comply with the following requirements may be attached to existing public utility structures within the right-of-way after issuance of a pole attachment permit and execution of a Small Wireless Facility Agreement.

(A) The wireless telecommunication facility shall not extend above the top of the existing public utility structure and the height of the existing public utility structure shall not be increased to accommodate the wireless telecommunication facility.

(B) If the public utility structure must be replaced to structurally accommodate the wireless telecommunication facility, the replacement public utility structure height shall not exceed the existing public utility structure height and the replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50%. The replacement public utility structure must comply with the city’s Aesthetic Standards as adopted by the City Engineer. The city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure, and may impose standards that ensure city assets can continue to effectively perform their intended function.

(C) The wireless telecommunication facility shall not be larger than [three]six cubic feet and shall have no individual surface larger than four square feet.

(D) The wireless telecommunications facility shall not extend outward from the existing pole or tower or arm thereof by more than [two and one-half]three feet[, except that an antenna one-half inch in diameter or less may extend an additional six inches].

(E) The wireless telecommunications facility shall include no ground mounted equipment within the planned widened rights-of-way.

(F) The wireless telecommunications facility shall not interfere with public safety communications and shall meet the requirements of §19.63.05 of this code.

(G) Wireless telecommunication facilities in the right-of-way shall be removed and relocated at city request subject to the provisions of this Article IV.

(H) The wireless telecommunication facility shall not block light emanating from the public utility structure and shall not otherwise interfere with the original use of the public utility structure.

(3) Wireless telecommunication facilities as pole extensions or with ground mounted equipment. Wireless telecommunication facilities that meet the definition of a Small Wireless Facility and that either require increased public utility structure height or [that] have ground mounted equipment may be erected in the public right-of-way only

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when in compliance with the following provisions and after issuance of a pole attachment permit[or], excavation permit and execution of a Small Wireless Facility Agreement.(A) [The applicant shall demonstrate to the satisfaction of the Planning Manager or

designee that the wireless telecommunication facility cannot be placed in a code complying location outside the right-of-way within one-quarter mile of the proposed location.] Reserved.

(B) The replacement public utility structure, including lightning[lightening] rods and all other attachments, shall not exceed the greater of 50 feet or the height of the existing public utility structure at that location if it was in place on May 31, 2017. [the height of the existing public utility structure by more than 15 feet. Once the height of a public utility structure has been increased under the provisions of this section, the height shall not be further increased.]

(C) The replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50%.

(D) The wireless telecommunication facility shall not extend outward from the public utility structure by more than [two]three feet.

(E) If feasible and desirable, as determined by the [Planning Manager]City Engineer or designee, the replacement public utility structure shall match the original and surrounding public utility structures in materials and color, and shall comply with the City’s Aesthetic Standards as adopted by the City Engineer.

(F) The city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure, and may impose standards that ensure city assets can continue to effectively perform their intended function.

(G) The wireless telecommunication facility shall not interfere with public safety communications and shall meet the requirements of §19.63.05 of this code. [(G)] (H) A pole attachment or excavation permit for a wireless telecommunication facility that has ground mounted equipment will be issued only if the issuing authority finds the following:

i. The ground mounted equipment will not disrupt traffic or pedestrian circulation;

ii. The ground mounted equipment will not create a safety hazard;iii. The location of the ground mounted equipment minimizes impacts

on adjacent property; andiv. The ground mounted equipment will not adversely impact the

health, safety or welfare of the community.[(H)] (I) Above grade g[G]round mounted equipment associated with the wireless telecommunication facility shall meet the following performance standards:

(i) [Be set back a minimum of ten feet from the planned widened rights of way]

(i) Be separated from a sidewalk by a minimum of two[three] feet;(ii) [(iii)] Be set back a minimum of 50 feet from the nearest intersecting right-

of-way line;

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[(iii)] [Be separated from the nearest ground mounted wireless telecommunication equipment installation on the same block face by a minimum of 330 feet unless the equipment is placed underground;]

(iii) [(v)] if located adjacent to residential uses, above grade ground mounted equipment in the public right of way shall be limited to three feet in height above grade and 27 cubic feet in cumulative size;

(iv) [(vi)]] If located adjacent to nonresidential uses, above grade ground mounted equipment in the public right of way shall be limited to five feet in height above grade and 81 cubic feet in cumulative size;

(v) [(vii)] Ground mounted equipment outside the planned widened public right-of-way shall conform with the requirements of §19.63.05(j) of this code; and

(vi) [(vii)] Vegetative or other screening compatible with the surrounding area shall be provided around the ground mounted equipment if deemed necessary by the Planning Manager or designee.

[(I)](J) Wireless telecommunication facilities in the right-of-way shall be removed and relocated at city request subject to the provisions of this Article IV.

(4) Wireless Telecommunication Facilities with New [p]Poles or New Wireless Support Structures. [The erection in the right-of-way of a new pole to support wireless telecommunication facilities is not allowed] Wireless Telecommunication Facilities with new poles or new Wireless Support Structures may be erected in the public right-of-way only when they meet the definition of a Small Wireless Facility and are in compliance with the following provisions and after issuance of a pole attachment permit, aerial permit and any other required right-of-way permits as determined by the Issuing Authority.(A) Separation. A new pole or other wireless support structure may be placed no

closer than 600 feet from any existing wireless support structure, except as a replacement of an existing public utility structure subject to the requirements of this section.

(B) Height. A new pole or wireless support structure, including lightning rods, wireless telecommunication facilities and all other attachments, may not exceed 50 feet in height.

(C) Diameter. The maximum diameter of a new pole or wireless support structure is one and one-half (1.5) feet.

(D) Equipment Extension. The wireless telecommunication facility or related equipment may not extend outward from a new pole or wireless support structure by more than three feet.

(E) Pole Design. If feasible and desirable, as determined by the City Engineer or designee, the new pole or wireless support structure must match the surrounding public utility structures in materials and color, and must comply with the City’s Aesthetic Standards as adopted by the City Engineer.

(F) Interference. The new pole or other wireless support structure must not interfere with public safety communications and must meet the requirements of §19.63.05 of this code.

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(G) Ground Mounted Equipment. Permits for wireless telecommunication facilities with new poles or new wireless support structures that have ground mounted equipment will be issued only if the findings in §17.70(d)(3)(G) of this code are made by the issuing authority. Above grade ground mounted equipment associated with the wireless telecommunication facility is subject to the performance standards of §17.70(d)(3)(H) of this code.

(H) Wireless telecommunication facilities in the right-of-way must be removed and relocated at city request subject to the provisions of this Article IV.

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Section 2. That Chapter 19 of the City Code is hereby amended by deleting those words that are contained in brackets [ ] with strikethrough text and adding those words that are underlined, to read as follows:

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CHAPTER 19: ZONING***

ARTICLE V. PERFORMANCE STANDARDS

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§ 19.63.05 TOWERS

***(b) Area specific requirements for towers and antennas.

(1) Towers outside the right of way in residential zoning districts. Towers shall be allowed only in the following residentially zoned areas:(A) Towers supporting amateur radio antennas and conforming to all applicable

provisions of this code shall be allowed only in the rear yard of residentially zoned parcels.

(B) Towers supporting commercial antennas and conforming to all applicable provisions of this code shall be allowed only in the following residentially zoned locations:

(i) Church sites, when the antenna support structure is fully camouflaged as a bell tower, steeple or similar structure;

(ii) Park sites, when compatible with the nature of the park; and(iii) Government, school, utility and institutional sites[, not including the public

right-of-way].

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(2) Antennas and towers in the public right-of-way. Wireless telecommunication facilities, towers and antennas [may co-locate with existing poles or towers] in the city, county or state right-of-way [within any zoning district only when in compliance with]are also subject to the requirements in Chapter 17, Article IV of this code.

***

(t) Conflict with state statutes. To the extent that standards in this section are in conflict with applicable provisions in state statutes, the applicable state statute provisions supersede the standards in this section.

***Section 3. That Chapter 21 of the City Code is hereby amended by deleting those words

that are contained in brackets [ ] with strikethrough text and adding those words that are underlined, to read as follows:

***

CHAPTER 21: ZONING AND LAND DEVELOPMENT***

ARTICLE II. DISTRICTS AND USES

***DIVISION H: USES

***

§ 21.209 USE TABLES

***(c) Residential Zoning Districts.

Zoning DistrictUse Type

R-1 R- 1A

RS-1 R-3 R-4 RM-

12RM-24

RM-50

RM-100

References; See Listed Section

***

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Antenna, outside the right of way A A A A A A A A A 19.63.05

Amateur radio tower A A A A15.14;

19.63.05; 21.301.10

Tower, outside the right of way CL CL CL CL CL CL CL CL CL 19.63.05(b)

Tower or antenna in the right of way P P P P P P P P P 17.70 (d)

Passed and adopted this __________ day of _______________, 2020.

_______________________________Mayor

ATTEST:

_______________________________Secretary to the Council

APPROVED:

_______________________________City Attorney

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237.162 PUBLIC RIGHT-OF-WAY; DEFINITIONS.

Subdivision 1. Generally. The terms used in sections 237.162 and 237.163 have the meanings given tothem in this section.

Subd. 2. Local government unit. "Local government unit" means a county, home rule charter or statutorycity, town, or the Metropolitan Council.

Subd. 3. Public right-of-way. "Public right-of-way" means the area on, below, or above a public roadway,highway, street, cartway, bicycle lane, and public sidewalk in which the local government unit has an interest,including other dedicated rights-of-way for travel purposes and utility easements of local government units.

A public right-of-way does not include the airwaves above a public right-of-way with regard to cellularor other nonwire telecommunications or broadcast service.

Subd. 4. Telecommunications right-of-way user. (a) "Telecommunications right-of-way user" meansa person owning or controlling a facility in the public right-of-way, or seeking to own or control a facilityin the public right-of-way, that is used or is intended to be used for providing wireless service, or transportingtelecommunications or other voice or data information.

(b) A cable communication system defined and regulated under chapter 238, and telecommunicationsactivities related to providing natural gas or electric energy services, a public utility as defined in section216B.02, a municipality, a municipal gas or power agency organized under chapter 453 or 453A, or acooperative electric association organized under chapter 308A, are not telecommunications right-of-wayusers for the purposes of this section and section 237.163, except to the extent these entities are offeringwireless services.

Subd. 5. Excavate. "Excavate" means to dig into or in any way remove, physically disturb, or penetratea part of a public right-of-way.

Subd. 6. Obstruct. "Obstruct" means to place a tangible object in a public right-of-way so as to hinderfree and open passage over that or any part of the right-of-way.

Subd. 7. Right-of-way permit. "Right-of-way permit" means a permit to perform work in a publicright-of-way, whether to excavate or obstruct the right-of-way.

Subd. 8. Manage the public right-of-way. "Manage the public right-of-way" means the authority of alocal government unit to do any or all of the following:

(1) require registration;

(2) require construction performance bonds and insurance coverage;

(3) establish installation and construction standards;

(4) establish and define location and relocation requirements for equipment and facilities;

(5) establish coordination and timing requirements;

(6) require telecommunications right-of-way users to submit, for right-of-way projects commenced afterMay 10, 1997, whether initiated by a local government unit or any telecommunications right-of-way user,project data reasonably necessary to allow the local government unit to develop a right-of-way mappingsystem, such as a geographical information mapping system;

Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.

237.162MINNESOTA STATUTES 20181

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(7) require telecommunication right-of-way users to submit, upon request of a local government unit,existing data on the location of the user's facilities occupying the public right-of-way within the localgovernment unit. The data may be submitted in the form maintained by the user and in a reasonable timeafter receipt of the request based on the amount of data requested;

(8) establish right-of-way permitting requirements for street excavation and obstruction;

(9) establish removal requirements for abandoned equipment or facilities, if required in conjunctionwith other right-of-way repair, excavation, or construction; and

(10) impose reasonable penalties for unreasonable delays in construction.

Subd. 9. Management costs or rights-of-way management costs. (a) "Management costs" or"rights-of-way management costs" means the actual costs a local government unit incurs in managing itspublic rights-of-way, and includes such costs, if incurred, as those associated with registering applicants;issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting jobsites and restoration projects; maintaining, supporting, protecting, or moving user equipment during publicright-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequatelyperformed after providing notice and the opportunity to correct the work; and revoking right-of-way or smallwireless facility permits.

(b) Management costs do not include:

(1) payment by a telecommunications right-of-way user for the use of the public right-of-way;

(2) unreasonable fees of a third-party contractor used by a local government unit as part of managingits public rights-of-way, including but not limited to any third-party contractor fee tied to or based uponcustomer counts, access lines, revenue generated by the telecommunications right-of-way user, or revenuegenerated for a local government unit; or

(3) the fees and cost of litigation relating to the interpretation of this section or section 237.163 or anyordinance enacted under those sections, or the local unit of government's fees and costs related to appealstaken pursuant to section 237.163, subdivision 5.

Subd. 10. Collocate. "Collocate" or "collocation" means to install, mount, maintain, modify, operate,or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structurethat is owned privately or by a local government unit.

Subd. 11. Small wireless facility. "Small wireless facility" means:

(1) a wireless facility that meets both of the following qualifications:

(i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the caseof an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosureof no more than six cubic feet; and

(ii) all other wireless equipment associated with the small wireless facility, excluding electric meters,concealment elements, telecommunications demarcation boxes, battery backup power systems, groundingequipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connectionof power and other services, and any equipment concealed from public view within or behind an existingstructure or concealment, is in aggregate no more than 28 cubic feet in volume; or

(2) a micro wireless facility.


2MINNESOTA STATUTES 2018237.162

21

Subd. 12. Utility pole. "Utility pole" means a pole that is used in whole or in part to facilitatetelecommunications or electric service.

Subd. 13. Wireless facility. (a) "Wireless facility" means equipment at a fixed location that enables theprovision of wireless services between user equipment and a wireless service network, including:

(1) equipment associated with wireless service;

(2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, andcomparable equipment, regardless of technological configuration; and

(3) a small wireless facility.

(b) "Wireless facility" does not include:

(1) wireless support structures;

(2) wireline backhaul facilities; or

(3) coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or (ii) that arenot otherwise immediately adjacent to or directly associated with a specific antenna.

Subd. 14. Micro wireless facility. "Micro wireless facility" means a small wireless facility that is nolarger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is nolonger than 11 inches.

Subd. 15. Wireless service. "Wireless service" means any service using licensed or unlicensed wirelessspectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that isprovided using wireless facilities. Wireless service does not include services regulated under Title VI of theCommunications Act of 1934, as amended, including a cable service under United States Code, title 47,section 522, clause (6).

Subd. 16. Wireless support structure. "Wireless support structure" means a new or existing structurein a public right-of-way designed to support or capable of supporting small wireless facilities, as reasonablydetermined by a local government unit.

Subd. 17. Wireline backhaul facility. "Wireline backhaul facility" means a facility used to transportcommunications data by wire from a wireless facility to a communications network.

History: 1997 c 123 s 3; 2017 c 94 art 9 s 1-11



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237.163 USE AND REGULATION OF PUBLIC RIGHT-OF-WAY.

Subdivision 1. Legislative finding. The legislature finds, and establishes the principle that, it is in thestate's interest that the use and regulation of public rights-of-way be carried on in a fair, efficient, competitivelyneutral, and substantially uniform manner, while recognizing such regulation must reflect the distinctengineering, construction, operation, maintenance and public and worker safety requirements, and standardsapplicable to various users of public rights-of-way. Because of the potential for installation bytelecommunication companies of multiple and competing facilities within the public rights-of-way, thelegislature finds it is necessary to enact the provisions of this section and section 237.162 to specificallyauthorize local government units to regulate the use of public rights-of-way by telecommunicationsright-of-way users.

Subd. 2. Generally. (a) Subject to this section, a telecommunications right-of-way user authorized todo business under the laws of this state or by license of the Federal Communications Commission mayconstruct, maintain, and operate small wireless facilities, conduit, cable, switches, and related appurtenancesand facilities along, across, upon, above, and under any public right-of-way.

(b) Subject to this section, a local government unit has the authority to manage its public rights-of-wayand to recover its rights-of-way management costs. Except as provided in subdivisions 3a, 3b, and 3c, theauthority defined in this section may be exercised at the option of the local government unit and is notmandated under this section. A local government unit may, by ordinance:

(1) require a telecommunications right-of-way user seeking to excavate or obstruct a public right-of-wayfor the purpose of providing telecommunications services to obtain a right-of-way permit to do so and toimpose permit conditions consistent with the local government unit's management of the right-of-way;

(2) require a telecommunications right-of-way user using, occupying, or seeking to use or occupy apublic right-of-way for the purpose of providing telecommunications services to register with the localgovernment unit by providing the local government unit with the following information:

(i) the applicant's name, gopher state one-call registration number under section 216D.03, address, andtelephone and facsimile numbers;

(ii) the name, address, and telephone and facsimile numbers of the applicant's local representative;

(iii) proof of adequate insurance; and

(iv) other information deemed reasonably necessary by the local government unit for the efficientadministration of the public right-of-way; and

(3) require telecommunications right-of-way users to submit to the local government unit plans forconstruction and major maintenance that provide reasonable notice to the local government unit of projectsthat the telecommunications right-of-way user expects to undertake that may require excavation andobstruction of public rights-of-way.

(c) A local government unit may also require a telecommunications right-of-way user that is registeredwith the local government unit pursuant to paragraph (b), clause (2), to periodically update the informationin its registration application.

(d) Notwithstanding sections 394.34 and 462.355, or any other law, a local government unit must notestablish a moratorium with respect to:

(1) filing, receiving, or processing applications for right-of-way or small wireless facility permits; or



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(2) issuing or approving right-of-way or small wireless facility permits.

(e) A telecommunications right-of-way user may place a new wireless support structure or collocatesmall wireless facilities on wireless support structures located within a public right-of-way, subject to theapproval procedures under this section and, for collocation on wireless support structures owned by a localgovernment unit, the reasonable terms, conditions, and rates set forth under this section. A local governmentunit may prohibit, regulate, or charge a fee to install wireless support structures or to collocate small wirelessfacilities only as provided in this section.

(f) The placement of small wireless facilities and wireless support structures to accommodate smallwireless facilities are a permitted use in a public right-of-way, except that a local government unit mayrequire a person to obtain a special or conditional land use permit to install a new wireless support structurefor the siting of a small wireless facility in a right-of-way in a district or area zoned for single-familyresidential use or within a historic district established by federal or state law or city ordinance as of the dateof application for a small wireless facility permit. This paragraph does not apply to areas outside a publicright-of-way that are zoned and used exclusively for single-family residential use.

Subd. 3. Restoration. (a) A telecommunications right-of-way user, after an excavation of a publicright-of-way, shall provide for restoration of the right-of-way and surrounding areas, including the pavementand its foundation, in the same condition that existed before the excavation. Local government units thatchoose to perform their own surface restoration required as a result of the excavation may requiretelecommunications right-of-way users to reimburse the reasonable costs of that surface restoration.Restoration of the public right-of-way must be completed within the dates specified in the right-of-waypermit, unless the permittee obtains a waiver or a new or amended right-of-way permit.

(b) If a telecommunications right-of-way user elects not to restore the public right-of-way, a localgovernment unit may impose a degradation fee in lieu of restoration to recover costs associated with adecrease in the useful life of the public right-of-way caused by the excavation of the right-of-way by atelecommunications right-of-way user.

(c) A telecommunications right-of-way user that disturbs uncultivated sod in the excavation or obstructionof a public right-of-way shall plant grasses that are native to Minnesota and, wherever practicable, that areof the local eco-type, as part of the restoration required under this subdivision, unless the owner of the realproperty over which the public right-of-way traverses objects. In restoring the right-of-way, thetelecommunications right-of-way user shall consult with the Department of Natural Resources regardingthe species of native grasses that conform to the requirements of this paragraph.

Subd. 3a. Small wireless facility permits; general. (a) A local government unit:

(1) may require a telecommunications right-of-way user to obtain a permit or permits under this sectionto place a new wireless support structure or collocate a small wireless facility in a public right-of-waymanaged by the local government unit;

(2) must not require an applicant for a small wireless facility permit to provide any information that:

(i) has previously been provided to the local government unit by the applicant in an application for asmall wireless permit, which specific reference shall be provided to the local government unit by the applicant;and

(ii) is not reasonably necessary to review a permit application for compliance with generally applicableand reasonable health, safety, and welfare regulations, and to demonstrate compliance with applicable Federal



24

Communications Commission regulations governing radio frequency exposure, or other information requiredby this section;

(3) must ensure that any application for a small wireless facility permit is processed on a nondiscriminatorybasis; and

(4) must specify that the term of a small wireless facility permit is equal to the length of time that thesmall wireless facility is in use, unless the permit is revoked under this section.

(b) An applicant may file a consolidated permit application to collocate up to 15 small wireless facilities,or a greater number if agreed to by a local government unit, provided that all the small wireless facilities inthe application:

(1) are located within a two-mile radius;

(2) consist of substantially similar equipment; and

(3) are to be placed on similar types of wireless support structures.

In rendering a decision on a consolidated permit application, a local government unit may approve a permitfor some small wireless facilities and deny a permit for others, but may not use denial of one or more permitsas a basis to deny all the small wireless facilities in the application.

(c) If a local government unit receives applications within a single seven-day period from one or moreapplicants seeking approval of permits for more than 30 small wireless facilities, the local government unitmay extend the 90-day deadline imposed in subdivision 3c by an additional 30 days. If a local governmentunit elects to invoke this extension, it must inform in writing any applicant to whom the extension will beapplied.

(d) A local government unit is prohibited from requiring a person to pay a small wireless facility permitfee, obtain a small wireless facility permit, or enter into a small wireless facility collocation agreement solelyin order to conduct any of the following activities:

(1) routine maintenance of a small wireless facility;

(2) replacement of a small wireless facility with a new facility that is substantially similar or smaller insize, weight, height, and wind or structural loading than the small wireless facility being replaced; or

(3) installation, placement, maintenance, operation, or replacement of micro wireless facilities that aresuspended on cables strung between existing utility poles in compliance with national safety codes.

A local government unit may require advance notification of these activities if the work will obstruct a publicright-of-way.

(e) Nothing in this subdivision affects the need for an entity seeking to place a small wireless facilityon a wireless support structure that is not owned by a local government unit to obtain from the owner of thewireless support structure any necessary authority to place the small wireless facility, nor shall any provisionof this chapter be deemed to affect the rates, terms, and conditions for access to or placement of a smallwireless facility or a wireless support structure not owned by a local government unit. This subdivision doesnot affect any existing agreement between a local government unit and an entity concerning the placementof small wireless facilities on local government unit-owned wireless support structures.



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(f) No later than six months after May 31, 2017, or three months after receiving a small wireless facilitypermit application from a wireless service provider, a local government unit that has elected to set forthterms and conditions of collocation in a standard small wireless facility collocation agreement shall developand make available an agreement that complies with the requirements of this section and section 237.162.A standard small wireless facility collocation agreement shall be substantially complete. Notwithstandingany law to the contrary, the parties to a small wireless facility collocation agreement may incorporateadditional terms and conditions mutually agreed upon into a small wireless facility collocation agreement.A small wireless facility collocation agreement between a local government unit and a wireless serviceprovider is considered public data not on individuals and is accessible to the public under section 13.03.

(g) An approval of a small wireless facility permit under this section authorizes the installation, placement,maintenance, or operation of a small wireless facility to provide wireless service and shall not be construedto confer authorization to (1) provide any service other than a wireless service, or (2) install, place, maintain,or operate a wireline backhaul facility in the right-of-way.

(h) The terms and conditions of collocation under this subdivision:

(1) may be set forth in a small wireless facility collocation agreement, if a local government unit electsto utilize such an agreement;

(2) must be nondiscriminatory, competitively neutral, and commercially reasonable; and

(3) must comply with this section and section 237.162.

Subd. 3b. Small wireless facility permits; placement. (a) A local government unit may not require theplacement of small wireless facilities on any specific wireless support structure other than the wirelesssupport structure proposed in the permit application.

(b) A local government unit must not limit the placement of small wireless facilities, either by minimumseparation distances between small wireless facilities or maximum height limitations, except that eachwireless support structure installed in the right-of-way after May 31, 2017, shall not exceed 50 feet aboveground level, unless the local government unit agrees to a greater height, subject to local zoning regulations,and may be subject to separation requirements in relation to other wireless support structures.

(c) Notwithstanding paragraph (b), a wireless support structure that replaces an existing wireless supportstructure that is higher than 50 feet above ground level may be placed at the height of the existing wirelesssupport structure, unless the local government unit agrees to a greater height, subject to local zoningregulations.

(d) Wireless facilities constructed in the right-of-way after May 31, 2017, may not extend more thanten feet above an existing wireless support structure in place as of May 31, 2017.

Subd. 3c. Small wireless facility permits; approval. (a) Except as provided in subdivision 4, a localgovernment unit shall issue a small wireless facility permit to a telecommunications right-of-way user seekingto install a new or replacement wireless support structure for a small wireless facility, or to collocate a smallwireless facility on a wireless support structure in a public right-of-way. In processing and approving a smallwireless facility permit, a local government unit may condition its approval on compliance with:

(1) generally applicable and reasonable health, safety, and welfare regulations consistent with the localgovernment unit's public right-of-way management;

(2) reasonable accommodations for decorative wireless support structures or signs; and



26

(3) any reasonable restocking, replacement, or relocation requirements when a new wireless supportstructure is placed in a public right-of-way.

(b) A local government unit has 90 days after the date a small wireless facility permit application is filedto issue or deny the permit, or the permit is automatically issued. To toll the 90-day clock, the local governmentunit must provide a written notice of incompleteness to the applicant within 30 days of receipt of theapplication, clearly and specifically delineating all missing documents or information. Information delineatedin the notice is limited to documents or information publicly required as of the date of application andreasonably related to a local government unit's determination whether the proposed equipment falls withinthe definition of a small wireless facility and whether the proposed deployment satisfies all health, safety,and welfare regulations applicable to the small wireless facility permit request. Upon an applicant's submittalof additional documents or information in response to a notice of incompleteness, the local government unithas ten days to notify the applicant in writing of any information requested in the initial notice ofincompleteness that is still missing. Second or subsequent notices of incompleteness may not specifydocuments or information that were not delineated in the original notice of incompleteness. Requests forinformation not requested in the initial notice of incompleteness do not toll the 90-day clock. Parties canmutually agree in writing to toll the 90-day clock at any time. Section 15.99 does not apply to this paragraphor paragraph (c).

For the purposes of this subdivision, "toll the 90-day clock" means to halt the progression of days that counttowards the 90-day deadline.

(c) Except as provided in subdivision 3a, paragraph (c), a small wireless facility permit and any associatedencroachment or building permit required by a local government unit, are deemed approved if the localgovernment unit fails to approve or deny the application within 90 days after the permit application has beenfiled, unless the applicant and the local government unit have mutually agreed in writing to extend the 90-daydeadline.

(d) Nothing in this subdivision precludes a local government unit from applying generally applicableand reasonable health, safety, and welfare regulations when evaluating and deciding to approve or deny asmall wireless facility permit.

Subd. 4. Permit denial or revocation. (a) A local government unit may deny any application for aright-of-way or small wireless facility permit if the telecommunications right-of-way user does not complywith a provision of this section.

(b) A local government unit may deny an application for a right-of-way permit if the local governmentunit determines that the denial is necessary to protect the health, safety, and welfare or when necessary toprotect the public right-of-way and its current use.

(c) A local government unit may revoke a right-of-way or small wireless facility permit granted to atelecommunications right-of-way user, with or without fee refund, in the event of a substantial breach ofthe terms and conditions of statute, ordinance, rule, or regulation or any material condition of the permit. Asubstantial breach by a permittee includes, but is not limited to, the following:

(1) a material violation of a provision of the right-of-way or small wireless facility permit;

(2) an evasion or attempt to evade any material provision of the right-of-way or small wireless facilitypermit, or the perpetration or attempt to perpetrate any fraud or deceit upon the local government unit or itscitizens;

(3) a material misrepresentation of fact in the right-of-way or small wireless facility permit application;



27

(4) a failure to complete work in a timely manner, unless a permit extension is obtained or unless thefailure to complete work is due to reasons beyond the permittee's control; and

(5) a failure to correct, in a timely manner, work that does not conform to applicable standards, conditions,or codes, upon inspection and notification by the local government unit of the faulty condition.

(d) Subject to this subdivision, a local government unit may not deny an application for a right-of-wayor small wireless facility permit for failure to include a project in a plan submitted to the local governmentunit under subdivision 2, paragraph (b), clause (3), when the telecommunications right-of-way user has usedcommercially reasonable efforts to anticipate and plan for the project.

(e) In no event may a local government unit unreasonably withhold approval of an application for aright-of-way or small wireless facility permit, or unreasonably revoke a permit.

(f) Any denial or revocation of a right-of-way or small wireless facility permit must be made in writingand must document the basis for the denial. The local government unit must notify the telecommunicationsright-of-way user in writing within three business days of the decision to deny or revoke a permit. If a permitapplication is denied, the telecommunications right-of-way user may cure the deficiencies identified by thelocal government unit and resubmit its application. If the telecommunications right-of-way user resubmitsthe application within 30 days of receiving written notice of the denial, it may not be charged an additionalfiling or processing fee. The local government unit must approve or deny the revised application within 30days after the revised application is submitted.

Subd. 5. Appeal. A telecommunications right-of-way user that: (1) has been denied registration; (2) hasbeen denied a right-of-way permit; (3) has had its right-of-way permit revoked; or (4) believes that the feesimposed on the user by the local government unit do not conform to the requirements of subdivision 6, mayhave the denial, revocation, or fee imposition reviewed, upon written request, by the governing body of thelocal government unit. The governing body of the local government unit shall act on a timely written requestat its next regularly scheduled meeting. A decision by the governing body affirming the denial, revocation,or fee imposition must be in writing and supported by written findings establishing the reasonableness ofthe decision.

Subd. 6. Fees. (a) A local government unit may recover its right-of-way management costs by imposinga fee for registration, a fee for each right-of-way or small wireless facility permit, or, when appropriate, afee applicable to a particular telecommunications right-of-way user when that user causes the local governmentunit to incur costs as a result of actions or inactions of that user. A local government unit may not recovercosts from a telecommunications right-of-way user or an owner of a cable communications system awardeda franchise under chapter 238 caused by another entity's activity in the right-of-way.

(b) Fees, or other right-of-way obligations, imposed by a local government unit on telecommunicationsright-of-way users under this section must be:

(1) based on the actual costs incurred by the local government unit in managing the public right-of-way;

(2) based on an allocation among all users of the public right-of-way, including the local governmentunit itself, which shall reflect the proportionate costs imposed on the local government unit by each of thevarious types of uses of the public rights-of-way;

(3) imposed on a competitively neutral basis; and

(4) imposed in a manner so that aboveground uses of public rights-of-way do not bear costs incurredby the local government unit to regulate underground uses of public rights-of-way.



28

(c) The rights, duties, and obligations regarding the use of the public right-of-way imposed under thissection must be applied to all users of the public right-of-way, including the local government unit whilerecognizing regulation must reflect the distinct engineering, construction, operation, maintenance and publicand worker safety requirements, and standards applicable to various users of the public rights-of-way. Forusers subject to the franchising authority of a local government unit, to the extent those rights, duties, andobligations are addressed in the terms of an applicable franchise agreement, the terms of the franchise shallprevail over any conflicting provision in an ordinance.

(d) A wireless service provider may collocate small wireless facilities on wireless support structuresowned or controlled by a local government unit and located within the public roads or rights-of-way withoutbeing required to apply for or enter into any individual license, franchise, or other agreement with the localgovernment unit or any other entity, other than a standard small wireless facility collocation agreement undersubdivision 3a, paragraph (f), if the local unit of government elects to utilize such an agreement.

(e) Any initial engineering survey and preparatory construction work associated with collocation mustbe paid by the cost causer in the form of a onetime, nonrecurring, commercially reasonable, nondiscriminatory,and competitively neutral charge to recover the costs associated with a proposed attachment.

(f) Total application fees for a small wireless facility permit must comply with this subdivision withrespect to costs related to the permit.

(g) A local government unit may elect to charge each small wireless facility attached to a wireless supportstructure owned by the local government unit a fee, in addition to other fees or charges allowed under thissubdivision, consisting of:

(1) up to $150 per year for rent to occupy space on a wireless support structure;

(2) up to $25 per year for maintenance associated with the space occupied on a wireless support structure;and

(3) a monthly fee for electricity used to operate a small wireless facility, if not purchased directly froma utility, at the rate of:

(i) $73 per radio node less than or equal to 100 max watts;

(ii) $182 per radio node over 100 max watts; or

(iii) the actual costs of electricity, if the actual costs exceed the amount in item (i) or (ii).

Subd. 7. Additional right-of-way provisions. (a) In managing the public rights-of-way and in imposingfees under this section, no local government unit may:

(1) unlawfully discriminate among telecommunications right-of-way users;

(2) grant a preference to any telecommunications right-of-way user;

(3) create or erect any unreasonable requirement for entry to the public rights-of-way bytelecommunications right-of-way users; or

(4) require a telecommunications right-of-way user to obtain a franchise or pay for the use of theright-of-way.

(b) A telecommunications right-of-way user need not apply for or obtain right-of-way permits forfacilities that are located in public rights-of-way on May 10, 1997, for which the user has obtained the



29

required consent of the local government unit, or that are otherwise lawfully occupying the public right-of-way.However, the telecommunications right-of-way user may be required to register and to obtain a right-of-waypermit for an excavation or obstruction of existing facilities within the public right-of-way after May 10,1997.

(c) Data and documents exchanged between a local government unit and a telecommunicationsright-of-way user are subject to the terms of chapter 13. A local government unit not complying with thisparagraph is subject to the penalties set forth in section 13.08.

(d) A local government unit may not collect a fee imposed under this section through the provision ofin-kind services by a telecommunications right-of-way user, nor may a local government unit require theprovision of in-kind services as a condition of consent to use the local government unit's public right-of-wayor to obtain a small wireless facility permit.

(e) Except as provided in this chapter or required by federal law, a local government unit shall not adoptor enforce any regulation on the placement or operation of communications facilities in the right-of-waywhere the entity is already authorized to operate in the right-of-way, and shall not regulate or impose orcollect fees on communications services except to the extent specifically provided for in the existingauthorization, and unless expressly required by state or federal statute.

Subd. 8. Uniform statewide standards. (a) To ensure the safe and convenient use of public rights-of-wayin the state, the Public Utilities Commission shall develop and adopt by June 1, 1999, statewide constructionstandards for the purposes of achieving substantial statewide uniformity in construction standards whereappropriate, providing competitive neutrality among telecommunications right-of-way users, and permittingefficient use of technology. The standards shall govern:

(1) the terms and conditions of right-of-way construction, excavation, maintenance, and repair; and

(2) the terms and conditions under which telecommunications facilities and equipment are placed in thepublic right-of-way.

(b) The Public Utilities Commission is authorized to review, upon complaint by an aggrievedtelecommunications right-of-way user, a decision or regulation by a local government unit that is allegedto violate a statewide standard.

(c) A local unit of government may not adopt an ordinance or other regulation that conflicts with astandard adopted by the commission for the purposes described in paragraph (a).

Subd. 9. Authorized contractors. (a) Nothing in this section precludes a telecommunications right-of-wayuser from authorizing another entity or individual to act on its behalf to install, construct, maintain, or repaira facility or facilities owned or controlled by the telecommunications right-of-way user.

(b) A local government unit is prohibited from imposing fees or requirements on an authorized entityor individual for actions on behalf of a telecommunications right-of-way user that are in addition to ordifferent from the fees and requirements it is authorized to impose on the telecommunications right-of-wayuser under this section.

Subd. 10. Exemptions. (a) Notwithstanding any other provision in this chapter, this section does notapply to a wireless support structure owned, operated, maintained, or served by a municipal electric utility.

(b) Subdivisions 3a, 3b, 3c, and subdivision 6, paragraphs (d) through (g), and subdivision 7, paragraph(e), do not apply to the collocation or regulation of small wireless facilities issued a permit by a local



30

government unit before May 31, 2017, under an ordinance enacted before May 18, 2017, that regulates thecollocation of small wireless facilities.

History: 1997 c 123 s 4; 1998 c 345 s 4; 2017 c 94 art 9 s 12-20



31


Originator Planning

Item Approval of draft Planning Commission meeting synopsis of 06/11/20

Agenda Section Item 2

Date June 25, 2020

Requested Action:

Staff recommends approval of the draft Planning Commission meeting synopsis through the following motion: I move to approve the draft Planning Commission meeting synopsis of June 11, 2020 as presented.

Description:

Consider approval of draft Planning Commission meeting synopsis of June 11, 2020

Attachments:

PC061120.pdf

33

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/attachment/625089/PC061120.pdf

PLANNING COMMISSION SYNOPSIS

Thursday, June 11, 2020

CALL TO

ORDER

Chairperson Bennett called the Planning Commission meeting to order at

6:00 PM in the City Council Chambers of the Bloomington Civic Plaza.

COMMISSIONERS PRESENT: Kalli Bennett (in person), Tom Goodrum, Jon Solberg, Joanna

Goltzman, Nelly Korman, Paige Rohman, Aubrey Albrecht (via

Webex) STAFF PRESENT: Glen Markegard (in person), (via Webex: Mike Centinario, Shawn James, Brian

Hansen, Liz O’Day)

Chairperson Bennett led the attendees in the reciting of The Pledge of Allegiance. Markegard provided an

overview of the meeting format given the emergency declaration and pandemic situation and explained

how those watching the meeting remotely could call in to participate.

ITEM 1

6:02 p.m.

CASE:

PL2020-78

APPLICANT:

LOCATION:

Interior Architects (applicant)

Citywide – all land zoned C-3 and C-5

REQUEST: Privately initiated City Code Amendment to allow banks without

drivethroughs as a permitted use in the C-3 and C-5 Zoning Districts

SPEAKING FOR THE APPLICANT:

Zak Klobucar

PUBLIC HEARING DISCUSSION:

James stated the applicant is proposing to convert the vacant former Wedding Day

Jewelers building to bank. Banks are permitted uses in most commercial zoning districts

but limited in C-3, C-4 and C-5 zoning districts. The proposed amendment would

distinguish between banks with and without drive-throughs. Banks without drive-

throughs may better use vacant office/retail space. The proposed amendment would also

allow banks without drive-throughs in C-3 and C-5 zoning districts. The C-3 and C-5

zoning districts encompass the Penn and American Blvd area. Staff is supportive of the

amendment as it allows for better reuse and enhances livability and walkability in the

Penn-American District.

Goltzman asked why retail is limited in B-1 and C-1 zoning districts and banks without

drive-throughs would be permitted.

James stated in the C-1 zoning district, banks with or without drivethroughs are already

permitted. Staff did not want to add on a limitation to banks as it was a privately initiated

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City of Bloomington

Planning Commission Synopsis June 11, 2020

Code amendment. The B-1 zoning district are intended for less intense and neighborhood

oriented services.

Zak Klobucar stated the amendment enhances the walkability in the area.

The public hearing was closed via a 6-0 roll call vote on the motion.

Rohman said he was supportive of the amendment. This amendment aligns with the

vision and future of the Penn-American District.

Goltzman stated while drive-throughs can be convenient during a pandemic, she

expressed support of the amendment as it aligns with the Penn-American District vision.

The item moves to City Council on July 6, 2020.

ACTIONS OF THE COMMISSION:

M/Solberg, S/Rohman: To close the public hearing.

Motion carried 7-0 as confirmed with a roll call vote.

M/Rohman, S/Albrecht: In Case PL2020-78, I move to recommend approval of the

Ordinance as attached to the staff report to amend Chapter 21 of the City Code to allow

banks or financial institutions without drive-throughs as permitted uses in the C-3 and C-

5 zoning districts.

Motion carried 7-0.

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City of Bloomington


ITEM 2

6:16 p.m.

CASE:

PL2020-83

APPLICANT:

LOCATION:

Bloomington Hotel Ventures, LLC (owner /applicant)

Ron Clark Construction (applicant)

3701 American Boulevard E., 6 Appletree Square, and 8101 36th Ave.

S.

REQUEST: 1. Preliminary development plan for a 328-unit, multiphase planned

development;

2. Final development plan for a six-story, 242-unit apartment building;

and

3. Variances from Bluff Protection setback and tree replacement

requirements – WITHDRAWN BY APPLICANT

SPEAKING FOR THE APPLICANT:

Carl Kaeding, Bloomington Hotel Ventures, LLC

Mike Waldo, Ron Clark Construction

SPEAKING FROM THE PUBLIC:

Kyle Groves

PUBLIC HEARING DISCUSSION:

Centinario showed photos of the existing conditions. The proposed building setback is 10

feet from the American Boulevard property line, which is consistent with the South Loop

District vision. Phase I would include a six-story, 242-unit market rate apartment

building. Phase II would include a five-story, 86-unit workforce apartment building and

structured parking that would be shared with the adjacent existing office building. The

City Council recently adopted new standards for the bluff and therefore, the variances

have now been withdrawn by the applicant. The building materials will be comprised of

masonry, glass, metal panels, and stucco. The footprint of the building goes up to the

bluff line. The applicant has done an extensive analysis to make sure there are no

negative impacts to the bluff.

Staff is recommending a better pedestrian connection between the Phase I surface parking

lot and the building. If for some reason, Phase II is delayed, there must be better

connection between the Phase I building and the surface parking area. The landscape plan

is compliant and shows trees on the existing parking structure lot, which cleans up some

non-conformity with landscaping. The applicant is constructing a public plaza space at

the corner of the Phase I apartment building. It is important to note that the OHO

incentives are applicable to Phase II only as the applicant is paying fee in lieu for Phase I.

Phase II will come before the Planning Commission for review.

The applicant is proposing a 33% parking deviation considering each standalone use. The

deviation seems large but staff is comfortable with the deviation considering the adjacent

Blue Line light rail transit and shared parking between residential and office uses. The

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City of Bloomington


parking study also deemed the proposed parking is adequate. The applicant is requesting

a deviation from the one enclosed parking stall per unit requirement. It is a small

deviation plus once Phase II parking structure is built, the requirement would be

compliant. Staff and the applicant are working on sanitary sewer improvements. Staff is

proposing a change to Condition #3 to state that a permit will not be issued until the City

Council has accepted a feasibility study and has ordered the sanitary sewer project.

Rohman asked if the workforce housing residents have access to the amenities in Phase I.

Centinario stated each building would have their own amenity spaces. The Phase II

residents would have access to the public plaza space.

Rohman commented that the project is considered one development but, but with respect

to integration, the two buildings are clearly separated by market rate and affordable units.

Centinario stated Ms. Shoquist is available to address OHO issues.

Rohman asked if there are conditions related to potential Indigenous burial mounds.

Centinario stated the applicant is aware of the possibility. There could be a condition

regarding the mounds, however, there are State requirements that must be followed and

would halt construction.

Solberg asked about stormwater capacity impacts.

Centinario noted a stormwater management plan is a component of the application. The

access road to the south is needed to maintain an existing stormwater facility.

Brian Hansen stated based on the information received, the project is in compliance with

stormwater requirements.

Carl Kaeding stated they’ve owned the site for 5-6 years. This is one of the last great

development sites in Bloomington.

Bennett asked about the reasoning for separating the market rate and workforce housing.

Mike Waldo said the renters for the market rate were needed to financially support the

workforce housing. It was better to build more workforce housing in a standalone

building to allow the residents to stay there longer. The shared amenities and outside

space will be separate but will work together.

Bennett asked if they are anticipating families in the market rate building.

Waldo mentioned the three-bedroom units may be used by families in transition or a

younger family.

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City of Bloomington


Goltzman asked if there will be structured play areas for children.

Waldo stated there will be the pool, grill space and possible putting green in the rear of

the site. They are not planning on having a play structure.

Carl Kaeding stated the tenant makeup in the South Loop area is becoming more urban

than suburban. They are expecting younger families.

Solberg asked if the outside areas are shared.

Waldo stated the pool deck would be restricted to the market rate residents. The plaza

would be open to the public.

Kyle Groves asked if the project will have operable windows and asked for bike storage

plans. Lastly, are there plans to connect pedestrians from the Appletree business area?

For the Indigo Apartments, often times the top level of the parking garage is empty which

suggests that perhaps not every unit has a vehicle. It is important to consider multi-family

residential projects that cater to teenagers as families continue to grow and age. Open-

space would be a good amenity in the area.

Bennett asked the applicant for the bike storage plans.

Carl Keading stated there are 233 tiered bike storage spaces and repair area. There are 10

racks outside for the workforce housing building.

Bennett asked the applicant about the windows.

Keading stated all windows will be operable within Code limitations.

Bennett asked staff about pedestrian access in the area.

Centinario stated the pedestrian connectivity is not the best. The applicant cannot make

pedestrian improvements on another site. The overall proposed pedestrian access on-site

is an improvement from the existing condition. Plus there will be pedestrian connection

from 34th Avenue and American Boulevard to both the workforce and market rate

apartment buildings.

The public hearing was closed via a 7-0 roll call vote on the motion.

Solberg stated the project uses under-utilized surface parking, which is an improvement.

The project location fits between the road and the bluff. While there is a need for more

public space per Mr. Groves comments that is not part of the applicant’s responsibility.

Albrecht stated she appreciated the City’s recent work on the bluff standards. The project

is an upgrade to the existing land use.

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City of Bloomington


Goltzman stated the project is an upgrade to the existing condition. She expressed

disappointment in the lack of play area for the market rate building. She appreciated the

City looking at more flexible parking options with the shared parking.

Korman stated she agreed with Commissioner Goltzman’s comments on the lack of play

area. It is important to have an area for recreation, especially in attracting young families.

This is a missed opportunity.

Goodrum noted there could be burial mounds in the area. It is important to have the

applicant conduct an analysis before construction could be halted.

Rohman stated he was glad to see affordable units have access to parking without charge.

The item moves to City Council on June 22, 2020.

ACTIONS OF THE COMMISSION:

M/Albrecht, S/Goltzman: To close the public hearing.

Motion carried 7-0 as confirmed with a roll call vote.

M/Korman, S/Albrecht: In Case PL2020-83, having been able to make the required

findings, I move to recommend City Council approval of preliminary development plans

for a 328 residential unit multi-phase American Square planned development and final

development plans for a 242-unit apartment building at 3701 American Boulevard E.,

subject to the conditions, including the revision to the PDP Condition #3, and Code

requirements attached to the staff report.

Motion carried 7-0.

RECOMMENDED CONDITIONS OF APPROVAL:

Preliminary Development Plan Conditions of Approval

1. Ongoing The American Square Planned Development must be implemented in

accordance with the approved preliminary development plan, unless

otherwise amended in accordance with City Code.

2. Ongoing Opportunity housing units must be provided in accordance with Chapter 9

of the City Code. Payment in lieu of affordable units must be provided

prior to the issuance of building permits for a fully-market rate Phase I of

the planned development.

3. Prior to Permit To ensure sufficient sanitary sewer capacity and to avoid sanitary sewer

surcharge, a building permit must not be issued for Phase I or Phase II

unless the City Council has accepted a feasibility study and ordered the

associated project(s) to increase sanitary sewer capacity sufficient to serve

the project phase or the Director of Public Works has determined that

adequate sanitary sewer capacity exists to serve the development phase.

Final Development Plan Conditions of Approval

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City of Bloomington


1. Prior to Permit A Site Development Agreement, including all conditions of approval,

must be executed by the applicant and the City and must be properly

recorded by the applicant with proof of recording provided to the Director

of Community Development.

2. Prior to Permit Development must comply with Lower Minnesota Watershed District

standards.

3. Prior to Permit Sewer Availability Charges (SAC) must be satisfied.

4. Prior to Permit Access, circulation and parking plans must be approved by the City

Engineer.

5. Prior to Permit An erosion control surety must be provided (16.08(b)).

6. Prior to Permit Landscape plan must be approved by the Planning Manager and landscape

surety must be filed (Sec 19.52).

7. Prior to Permit Parking lot and site security lighting plans must be revised to satisfy the

requirements of Section 21.301.07 of the City Code.

8. Prior to Permit Utility plan showing location of existing and proposed water main and fire

hydrant locations must be approved by the Fire Marshal and Utilities

Engineer (City Code Sec. 6.20, Minnesota State Fire Code Sec. 508).

9. Prior to Permit Exterior building materials must be approved by the Planning Manager

(Sec. 19.63.08).

10. Prior to Permit A National Pollutant Discharge Elimination System (NPDES)

construction site permit and a Storm Water Pollution Prevention Plan

(SWPPP) must be provided if greater than one acre is disturbed (State of

MN and Federal regulation).

11. Prior to Permit Storm Water Management Plan must be provided that demonstrates

compliance with the City’s Comprehensive Surface Water Management

Plan. A maintenance plan must be signed by the property owners and must

be filed of record with Hennepin County.

12. Prior to Permit Professional certifications related to steep slope disturbances must be

submitted in compliance with Bluff Protection standards and be approved

by the City Engineer.

13. Prior to Permit A Minnesota Department of Health (MDH) watermain review and

approval must be obtained or notification from MDH that this permit is

not required must be submitted to the City (State of MN).

14. Prior to Permit Federal Aviation Administration review is required through the 7460

airspace analysis process.

15. Prior to Permit Grading, Drainage, Utility and Erosion Control plans must be approved by

the City Engineer.

16. Prior to Permit Buildings shall meet the requirements of the Minnesota State Fire Code

Appendix L (Emergency Responder Radio Coverage) adopted through

City Ordinance to have approved radio coverage for emergency

responders based upon the existing coverage levels of the public safety

communication systems.

17. Prior to C/O 10-foot trail along American Blvd. E. must be provided. Private sidewalk

must maintain 5-feet clear. A pedestrian connection must be provided

between the Phase I and Phase II sites (Section 21.301.04(b)(1)).

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City of Bloomington


18. Prior to C/O Prior to occupancy, life safety requirements must be reviewed and

approved by the Fire Marshal.

19. Ongoing All construction stockpiling, staging and parking must take place within

the planned development and off adjacent public streets and public right-

of-way.

20. Ongoing Bicycle parking spaces must be provided and located throughout the site

as approved by the City Engineer.

21. Ongoing All rooftop equipment must be fully screened (Sec. 19.52.01).

22. Ongoing Signs must be in compliance with the requirements of Chapter 19, Article

X of the City Code and Uniform Design Plan.

23. Ongoing Alterations to utilities must be at the developer's expense.

24. Ongoing Fire lanes must be posted as approved by the Fire Marshal (MN State Fire

Code Sec. 503.3).

25. Ongoing Building must be provided with an automatic fire sprinkler system as

approved by the Fire Marshal (MN Bldg. Code Sec. 903, MN Rules

Chapter 1306; MN State Fire Code Sec. 903).

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City of Bloomington


ITEM 3

7:12 p.m.

APPLICANT:

City of Bloomington

REQUEST: Consider approval of draft Planning Commission meeting synopsis of

May 21, 2020

M/Albrecht, S/Rohman: I move to approve the draft Planning Commission meeting

synopsis of May 21, 2020 as presented.

Motion carried 6-0 as confirmed with a roll call vote. Goodrum absent from the May 21,

2020 meeting.

The meeting adjourned at 6:33 p.m.

Prepared By: Liz

O’Day

Reviewed By: Glen Markegard,

Shawn James,

Mike Centinario

Approved By Planning Commission:

42

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