072616CompleteAgendaSPECIAL CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, BABCOCK ROOM
JULY 26, 2016
6:30 PM
Call to order
Further discussiontfollow-up pertaining to the City advisory commission process from July 16, 2016.
Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at
least 96 hours in advance to the City Clerk at 612-861-9738.
REGULAR CITY COUNCIL MEETING
RICHFIELD MUNICIPAL CENTER, COUNCIL CHAMBERS
JULY 26, 2016
7:00 PM
INTRODUCTORY PROCEEDINGS
Call to order
Open forum (15 minutes ma)imum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments
are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address
the Council must have registered prior to the meeting.
Pledge of Allegiance
Approval of the minutes of the (1) Special City Council Worksession of July 12, 2016; (2) Regular City Council Meeting
of July 12, 2016; and (3) Special City Council Meeting of July 16, 2016.
PRESENTATIONS
1. Recognition of:
• State Senator Legislative District 63 Patricia Torres Ray
• State Senator Legislative District 50 Melissa Wiklund
COUNCIL DISCUSSION
2. Hats Off to Hometown Hits
AGENDAAPPROVAL
3. Approval of the agenda.
4. Consent Calendar contains several separate items, which are acted upon by the City Council in one
motion. Once the Consent Calendar has been approved, the individual items and recommended
actions have also been approved. No further Council action on these items is necessary. However, any
Council Member may request that an item be removed from the Consent Calendar and placed on the
regular agenda for Council discussion and action. All items listed on the Consent Calendar are
recommended for approval.
A. Consideration of the approval of an amendment to the Cityls Zoning Ordinance. The proposed ordinance
allows the City to "opt -out" of recently -adopted legislation related to temporary health care dwellings.
Staff Report No. 112
B. Consideration of the approval of the first reading of an ordinance amending Subsections 705.19, 715.15,
825.11, and 910.23 of the Richfield Citycode pertaining to the timing of the special assessment procedure.
Staff Report No. 113
C. Consideration of the approval of a first reading of the ordinance amending City telecommunication
regulations.
Staff Report No. 114
5. Consideration of items, if any, removed from Consent Calendar
OTHER BUSINESS
6. Consideration of the appointments to City advisory commissions.
7. City Manager's Report
Staff Report No. 115
CITY MANAGER'S REPORT
CLAIMS AND PAYROLLS
8. Claims and payrolls
Open forum (15 minutes ma)imum)
Each speaker is to keep their comment period to three minutes to allow sufficient time for others. Comments
are to be an opportunity to address the Council on items not on the agenda. Individuals who wish to address
the Council must have registered prior to the meeting.
9. Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96
hours in advance to the City Clerk at 612-861-9738.
CALL TO ORDER
CITY COUNCIL MINUTES
Richfield, Minnesota
Special City Council Worksession
July 12, 2016
The meeting was called to order by Mayor Pro Tempore Howard at 6:33 p.m. in the
Bartholomew Room.
Council Members Debbie Goettel, Mayor (arrived 6:35 p.m.), Michael Howard; Edwina Garcia;
Pat Elliott; and Tom Fitzhenry.
Staff Present: Steven L. Devich, City Manager; Kristin Asher, Public Works Director; and
Cheryl Krumholz, Executive Coordinator.
Item #1 DISCUSSION REGARDING HENNEPIN COUNTY'S APPLICATION FOR PENN
AVENUE RECONSTRUCTION (COUNCIL MEMO NO. 52)
Public Works Director Asher explained that Hennepin County has decided they will not include
the portion of Penn Avenue north of 66 explained
in their application for the Regional Solicitation of
Federal Transportation Funds. She continued that this project is in direct competition to the City's
submittal for the reconstruction of Lyndale Avenue.
Ms. Asher stated the City Council should decide whether or not they would like to continue
support for the Penn Avenue project.
The City Council consensus was to continue support for the Penn Avenue project.
ADJOURNMENT
The worksession was adjourned by unanimous consent at 6:45 p.m.
Date Approved: July 26, 2016
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Regular Meeting
July 12, 2016
CALL TO ORDER
The meeting was called to order by Mayor Goettel at 7:00 p.m. in the Council Chambers.
Council Members Debbie Goettel, Mayor; Michael Howard; Edwina Garcia; Tom Fitzhenry;
Present: and Pat Elliott.
Staff Present: Steven L. Devich, City Manager; Jay Henthorne, Public Safety Director;
Jim Topitzhofer, Recreation Services Director; John Stark, Community
Development Director; Mary Tietjen, City Attorney; and Cheryl Krumholz,
Executive Director.
PLEDGE OF ALLEGIANCE
The Civil Air Patrol Color Guard of the 130th Composite Squadron presented the new City of
Richfield flag and led the audience in the Pledge of Allegiance.
OPEN FORUM
Mayor Goettel stated that several people had registered to speak at the Open Forum
regarding the bandshell but, since it is an agenda item, it is not an item for discussion during Open
Forum. She said the bandshell item is not a public hearing and the City Council Member
presenting that item will decide on accepting testimony.
Susan Rosenberg, 6633 Thomas Avenue, announced the July 30 Richfield Beautiful
Garden Tour.
Kathy Kline, 6312 Portland Avenue, spoke about respect of the City Council for hearing
residents and referenced the bandshell.
Mayor Goettel stopped Ms. Kline's testimony stating the bandshell was not an item for
discussion during the Open Forum.
APPROVAL OF MINUTES
M/Garcia, S/Howard to approve the minutes of the Regular City Council Meeting of June
28, 2016.
Motion carried 5-0.
Council Meeting Minutes -2- July 12, 2016
Item #1 COUNCIL DISCUSSION
• Hats Off to Hometown Hits
The City Council acknowledged the success of the Fourth of July events.
Council Member Howard reported on a presentation to the Human Rights Commission by
House of Prayer Pastor Ben Sandin, House of Prayer, regarding neighborhoods.
Mayor Goettel read a statement regarding the recent incidents in Baton Rouge, LA, Falcon
Heights, MN, and Dallas, TX.
Item #2 COUNCIL APPROVAL OF AGENDA
M/Garcia, S/Elliott to approve the agenda.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A. Consideration of the approval of a resolution granting site plan approval and variances to
allow a conversion of the former Lariat Lanes bowling alley at 6320 Penn Avenue to office
space. S.R. No. 105
RESOLUTION NO. 11219
RESOLUTION GRANTING APPROVAL OF A SITE PLAN AND
VARIANCES AT 6320 PENN AVENUE
This resolution appears as Resolution No. 11219.
B. Consideration of the approval of the request for two separate Temporary On Sale
Intoxicating Liquor licenses for the Minneapolis -Richfield American Legion Post #435,
located at 6501 Portland Avenue South for their Bike Night Out events scheduled to take
place on July 20, 2016 and August 17, 2016. S.R. No. 106
C. Consideration of the approval of a resolution appointing election judges for the August 9,
2016 Primary Election and the November 8, 2016 General Election. S.R. No. 107
RESOLUTION NO. 11220
RESOLUTION APPOINTING ELECTION JUDGES FOR THE STATE
PRIMARY ELECTION OF AUGUST 9, 2016 AND THE GENERAL
ELECTION OF NOVEMBER 8, 2016
This resolution appears as Resolution No. 11220.
D. Consideration of the approval of the award of a contract for the 2016 Sealcoat project to
Pearson Brothers, Inc. in the amount of $112,646.30 and authorization of the City Manager
to approve changes in the construction contract up to $100,000. S.R. No. 108
E. Consideration of the approval of a resolution authorizing and directing the condemnation of
certain real estate, easements and other rights and interests for the purpose of the
Council Meeting Minutes -3- July 12, 2016
expansion of the parking lot serving the Richfield Municipal Liquor Store located at 6600
Cedar Avenue. S.R. No. 109
RESOLUTION NO. 11221
RESOLUTION A RESOLUTION AUTHORIZING AND DIRECTING THE
CONDEMNATION OF CERTAIN REAL ESTATE, EASEMENTS, AND
OTHER RIGHTS AND INTERESTS FOR THE PUBLIC PURPOSE OF
EXPANDING THE PARKING LOT SERVING THE RICHFIELD MUNICIPAL
LIQUOR STORE LOCATED AT 6600 CEDAR AVENUE
This resolution appears as Resolution No. 11221.
M/Goettel, S/Fitzhenry to approve the Consent Calendar.
Motion carried 5-0.
Item #4 CONSIDERATION OF ITEMS, IF ANY, REMOVED FROM THE CONSENT
CALENDAR
None.
Item #5 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION REGARDING
THE REMOVAL OF AN EASEMENT RELATED TO SIGHT LINES AT 76TH
STREET AND THE ADJACENT RAILROAD TRACKS S.R. NO. 110
Council Member Howard presented Staff Report No. 110.
M/Elliott, S/Howard to close the public heari
Motion carried 5-0.
M/Howard, S/Goettel that the following resolution be adopted and that it be made part of
these minutes:
RESOLUTION NO. 11222
RESOLUTION AUTHORIZING THE VACATION OF A PUBLIC EASEMENT
AT APPROXIMATELY 76TH STREET AND PLEASANT AVENUE
Motion carried 5-0. This resolution appears as Resolution No. 11222.
Item #6 CONSIDERATION OF A RESOLUTION FOR SITE PLAN APPROVAL FOR A
COMMUNITY BANDSHELL AT VETERANS MEMORIAL PARK S.R. NO. 111
Council Member Garcia presented Staff Report No. 111.
Community Development Director Stark explained the land use approvals that were granted
in 2015 and the only change since then is the relocation and reorientation of the bandshell. He
Council Meeting Minutes -4- July 12, 2016
stated the zoning ordinance and Comprehensive Plan requirements are met and there are no
inconsistencies. He added the Planning Commission agrees that requirements have been met.
Recreation Services Director Topitzhofer explained the rationale for the change in location
and re -orientation of the bandshell.
Mr. Topitzhofer also explained the noise study and sound monitoring process. He stated
the outcome of the noise study would be presented to the City Council.
Council Member Howard expressed support for the sound study and respect for the
neighborhood with noise monitoring. He stated not a whole lot had changed with the bandshell and
no new City funds were being used.
Council Member Garcia stated the bandshell is community driven, Veterans Park is a
community park not a neighborhood park, and the proposed bandshell at the former Lyndale
Gardens site is not meant to be a community -wide amenity due to parking issues when the
housing component is completed.
Council Member Fitzhenry expressed the concerns of the Richfield residents on the
eastside and that the Noise Oversight Committee, of which he is a member, believes the bandshell
is a non -compatible use with airport noise.
Mayor Goettel stated that fundraising efforts are going well.
M/Garcia, S/Goettel that the following resolution be adopted and that it be made part of
these minutes -
RESOLUTION NO. 11223
RESOLUTION GRANTING APPROVAL
OF A SITE PLANTO ALLOW A COMMUNITY BANDSHELL
AT VETERANS MEMORIAL PARK
Motion carried 4-1. (Fitzhenry oppose) This resolution appears as Resolution No. 11223.
Item #7 CITY MANAGER'S REPORT
None.
Item #8 CLAIMS AND PAYROLLS
M/Elliott, S/Goettel that the following claims and payrolls be approved:
U.S. Bank 07/12/16
A/P Checks: 251208-251565 4,409,868.62
Payroll: 120051-120425, 42456 655,967.88
TOTAL $ 5,065,836.50
Motion carried 5-0.
OPEN FORUM
Council Meeting Minutes -5- July 12, 2016
None.
Item #14 ADJOURNMENT
The City Council Meeting was adjourned by unanimous consent at 7:52 p.m.
Date Approved: July 28, 2016
Debbie Goettel
Mayor
Cheryl Krumholz Steven L. Devich
Executive Coordinator City Manager
CALL TO ORDER
CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
Special City Council Meeting
Advisory Board/Commission
Applicant Interviews
July 16, 2016
The meeting was called to order by Mayor Goettel at 8:42 a.m. in the Babcock Room.
ROLL CALL
MEMBERS PRESENT: Debbie Goettel, Mayor; Pat Elliott, Michael Howard; and Edwina
Garcia.
MEMBERS PRESENT: Tom Fitzhenry.
INTERVIEW OF APPLICANTS
The City Council conducted interviews of the following applicants for appointment to City
Advisory Boards and Commissions:
Taylor Croissant
Marco Lanz Hadi a Baker
Will Ruckel
Jennifer Anderson Jack Wold
Karin Wolverton
Anne Basso Carrie Chillman
Dan Smieja
Danielle Indovina Cawley
ADJOURNMENT
The meeting was adjourned by unanimous consent at 10:26 a.m.
Date Approved: July 26, 2016.
Cheryl Krumholz
Executive Coordinator
Debbie Goettel
Mayor
Steven L. Devich
City Manager
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 4.A.
STAFF REPORT NO. 112
CITY COUNCIL MEETING
7/26/2016
REPORT PREPARED BY: Melissa Poehlman, City Planner
DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director
7/21/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
7/21/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of an amendment to the City's Zoning Ordinance. The proposed
ordinance allows the City to "opt -out" of recently -adopted legislation related to temporary health care
dwellings.
EXECUTIVE SUMMARY:
Legislation allowing certain types of recreational vehicles to be used as "temporary family dwellings" was
signed into law in May of this year. The stated purpose of the law is to provide transitional housing for seniors
although the law does not limit the housing to seniors, but rather allows anyone in need of assistance with two
or more "instrumental activities of daily life" to be housed in this manner. The law creates a new type of
permit, a "temporary conditional use permit" that allows this type of housing for up to six months, with an
option to extend the permit by an additional six months. The law gives cities only 15 days to make a decision
on granting the permit, as opposed to the typical 60 days.
The League of Minnesota Cities ("League") and City staff opposed this legislation for a number of reasons:
• Cities should be allowed to make decisions related to density and accessory dwellings units/structures
at a local level.
• The varied characteristics of cities make it inappropriate to adopt one -size -fits -all land use regulations
that will impact the character of neighborhoods.
• The City of Richfield allows accessory dwelling units in a variety of forms. Individuals wishing to
accommodate an aging senior have a legal, City -sanctioned way to do so.
• Adopted legislation allows for only one occupant of the temporary health care dwelling unit. It seems
unsafe and inconsistent with an urgent need for temporary housing to place a person with medical
and/or physical impairments alone in housing unit. Minnesota winter conditions could also pose a
threat to impaired individuals living alone in a temporary structure.
• The combination of an accessory dwelling unit plus a temporary family health care dwelling on
Richfield lots would create overcrowding issues that could be detrimental to the surrounding
neighborhood.
• The adopted permit process puts city staff in the place of having to request medical and legal
documents. The City of Richfield does not want to be in this position.
• The adopted timeline is far too short.
As a result of strong City and League opposition, the adopted bill does allow cities to "opt -out" of this
legislation. Unless cities choose not to participate by passing an 'opt -out' ordinance, the law requires cities
to start issuing permits for temporary dwellings on September 1st. The League has drafted the attached
model Ordinance to assist cities in this process.
It is the opinion of City staff and legal counsel that the Council should adopt the attached Ordinance opting out
of these requirements. Staff believes that adequate provisions to allow for both temporary and longer term
assistance for family members with health issues already exist in our ordinances.
RECOMMENDED ACTION:
By motion: Approve a first reading of the Ordinance opting out of the requirements of Minnesota
Statutes, Section 462.3593.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
See Executive Summary
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
See Executive Summary
C. CRITICAL TIMING ISSUES:
Cities must specifically opt out of the law or begin issuing permits for qualified applicants on September
1, 2016.
D. FINANCIAL IMPACT:
N/A
E. LEGAL CONSIDERATION:
• A public hearing was held before the Planning Commission on July 25, 2016.
• Notice of the public hearing was published in the Sun Current newspaper in accordance with State and
Local requirements.
• If this reading is approved, a second reading of the proposed Ordinance will be held on August 23,
2016.
ALTERNATIVE RECOMMENDATION(Sl:
• Do not adopt the ordinance; allow the legislation to take effect on September 1, 2016.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None
ATTACHMENTS:
Description Type
D Ordinance Ordinance
D Amended MN Statutes, Section 144D.01, Subd. 4 Exhibit
BILL NO.
AN ORDINANCE AMENDING THE RICHFIELD CITY CODE TO
OPT -OUT OF THE REQUIREMENTS
OF MINNESOTA STATUTES, SECTION 564.3593
WHEREAS, on May 12, 2016, Governor Dayton signed into law the creation and
regulation of temporary family health care dwellings, codified at Minn. Stat. § 462.3593,
which permit and regulate temporary family health care dwellings;
WHEREAS, Subdivision 9 of Minn. Stat. §462.3593 allows cities to "opt out" of
those regulations;
THE CITY OF THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 509.09 of the Richfield City Code relating to accessory buildings is
amended to read as follows:
Subsection 509.09. Accessory buildings.
Subdivision 1. Construction of accessory buildings_ No accessory building shall be
constructed prior to the time of construction of the principal building on any residential
lot, including commercially zoned lots used for residential purposes.
Subd. 2. Building separation. The required setback between an accessory building
and any other building on the lot shall be determined by Section 400 of the city code.
Subd. 3. Eave projection. The roof overhang (eave projection) for accessory
buildings shall not be located closer than two (2) feet from any lot line.
Subd. 4. Relationships to principal building. No accessory building on any lot,
except through lots, shall be situated forward of the front building line of the principal
building. In the case of a through lot, no accessory building shall be located within 30
feet of the lot lines abutting either street unless otherwise noted.
Subd. 5. Lot coverage and height. No accessory building shall be greater in lot
coverage or floor area than the principal building, or greater in height than the principal
building.
Subd. 6. Opt -out of Minnesota Statutes, Section 462.3593. Pursuant to authority
granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Richfield
opts -out of the requirements of Minn. Stat. §462.3593, which defines and regulates
Temporary Family Health Care Dwellings.
Sec. 2. This Ordinance shall be effective immediately upon its passage and publication.
Passed by the City Council of the City of Richfield, Minnesota this 23rd day of
August, 2016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
7/19/2016
Chapter 111 - Minnesota Session Laws
2016 Minnesota Session Laws
Key: (1) language to be deleted (2) new language
CHAPTER 111--S.F.No. 2555
An act relating to local government; regulating zoning of temporary family
health care dwellings; establishing temporary dwelling permits; amending
Minnesota Statutes 2014, section 144D. 01, subdivision 4; proposing coding for
new law in Minnesota Statutes, chapters 394; 462.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2014, section 144D.01, subdivision 4, is amended to
read:
Subd. 4. Housing with services establishment or establishment. (a) "Housing
with services establishment" or "establishment" means:
(1) an establishment providing sleeping accommodations to one or more adult
residents, at least 80 percent of which are 55 years of age or older, and offering or
providing, for a fee, one or more regularly scheduled health-related services or two or
more regularly scheduled supportive services, whether offered or provided directly by the
establishment or by another entity arranged for by the establishment; or
(2) an establishment that registers under section 144D.025.
(b) Housing with services establishment does not include:
(1) a nursing home licensed under chapter 144A;
(2) a hospital, certified boarding care home, or supervised living facility licensed
under sections 144.50 to 144.56;
(3) a board and lodging establishment licensed under chapter 157 and Minnesota
Rules, parts 9520.0500 to 9520.0670, 9525.0215 to 9525.0355, 9525.0500 to 9525.0660,
or 9530.4100 to 9530.4450, or under chapter 2451);
(4) a board and lodging establishment which serves as a shelter for battered
women or other similar purpose;
(5) a family adult foster care home licensed by the Department of Human
Services;
(6) private homes in which the residents are related by kinship, law, or affinity
with the providers of services;
(7) residential settings for persons with developmental disabilities in which the
services are licensed under Minnesota Rules, parts 9525.2100 to 9525.2140, or applicable
successor rules or laws;
(8) a home -sharing arrangement such as when an elderly or disabled person or
single -parent family makes lodging in a private residence available to another person in
exchange for services or rent, or both;
(9) a duly organized condominium, cooperative, common interest community, or
owners' association of the foregoing where at least 80 percent of the units that comprise
the condominium, cooperative, or common interest community are occupied by
individuals who are the owners, members, or shareholders of the units; of
(10) services for persons with developmental disabilities that are provided under
https://www.revi sor.m n.gov/laws/?year=2016&type=0&doctype=Chapter&i d=111 1/6
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Chapter 111 - Minnesota Session Laws
a license according to Minnesota Rules, parts 9525.2000 to 9525.2140 in effect until
January 1, 1998, or under chapter 245D; or
01) a temporary family health care dwelling as defined in sections 394.307 and
462.3593.
Sec. 2. [394.3071 TEMPORARY FAMILY HEALTH CARE DWELLINGS.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the
meanings given.
(b) "Caregiver" means an individual 18 years of age or older who:
(1) provides care for a mentally or physically impaired person; and
(2) is a relative, legal guardian, or health care agent of the mentally or physically
impaired person for whom the individual is caring.
(c) "Instrumental activities of daily living" has the meaning Oven in section
256B.0659, subdivision 1, paragraph (i).
(d) "Mentally or physically impaired person" means a person who is a resident
of this state and who requires assistance with two or more instrumental activities of daily
living as certified in writing by a physician, a physician assistant, or an advanced practice
registered nurse licensed to practice in this state.
(e) "Relative" means a spouse, parent, grandparent, child, grandchild, sibling,
uncle, aunt, nephew, or niece of the mentally or physically impaired person. Relative
includes half, step, and in-law relationships.
(f) "Temporary family health care dwelling" means a mobile residential dwelling
providin)z an environment facilitatin4 a caregiver's provision of care for a mentally or
physically impaired person that meets the requirements of subdivision 2.
Subd. 2. Temporary family health care dwelling. A temporary family health care
dwelling must:
1) be primarily assembled at a location other than its site of installation:
(2) be no more than 300 gross square feet;
(3) not be attached to a permanent foundation;
(4) be universally desi;zned and meet state -recognized accessibility standards;
(5) provide access to water and electric utilities either by connecting to the
utilities that are serving the principal dwelling on the lot or by other comparable means,
(6) have exterior materials that are compatible in composition, appearance, and
durability to the exterior materials used in standard residential construction;
(7) have a minimum insulation rating of R-15;
(8) be able to be installed, removed, and transported by a one -ton pickup truck as
defined in section 168.002, subdivision 21b, a truck as defined in section 168.002,
subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38;
(9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an
Industrialized Buildings Commission seal and data plate or to American National
Standards Institute Code 119.2; and
(10) be equipped with a backflow check valve.
Subd. 3. Temporary dwelling permit; application. (a) Unless the county has designated
temporary family health care dwellings as permitted uses, a temporary family health care
dwelling is subiect to the provisions in this section. A temporary family health care
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Chapter 111 - Minnesota Session Laws
dwelling that meets the requirements of this section cannot be prohibited by a local
ordinance that reizulates accessory uses or recreational vehicle parkiniz or storau.
(b) The caregiver or relative must aply for a temporary dwelling permit from
the county. The permit application must be sWried by the primary caregiver, the owner of
the property on which the temporary family health care dwelling will be located, and the
resident of the property if the property owner does not reside on the property, and include:
(1) the name, address, and telephone number of the property owner, the resident
of the property if different from the owner, and the primary caregiver responsible for the
care of the mentally or physically impaired person; and the name of the mentally or
Physically impaired person who will live in the temporary family health care dwelling;
(2) proof of the provider network from which the mentally or physically
impaired person may receive respite care, primary care, or remote patient monitorin;?
services;
(3) a written certification that the mentally or physically impaired person
requires assistance with two or more instrumental activities of daily living signed by a
physician, a physician assistant, or an advanced practice registered nurse licensed to
practice in this state,
(4) an executed contract for septic service management or other proof of
adequate septic service management,
(5) an affidavit that the applicant has provided notice to adjacent property
owners and residents of the application for the temporary dwelling permit; and
(6) a general site map to show the location of the temporary family health care
dwelling and other structures on the lot.
(c) The temporary family health care dwelling must be located on property
where the caregiver or relative resides. A temporary family health care dwelling must
comply with all setback requirements that apply to the primary structure and with any
maximum floor area ratio limitations that may apply to the primary structure. The
temporary family health care dwelling must be located on the lot so that septic services
and emeruencv vehicles can gain access to the temporary familv health care dwelling in a
safe and timely manner.
(d) A temporary family health care dwelling is limited to one occupant who is a
mentally or physically impaired person. The person must be identified in the application.
Only one temporary family health care dwelling is allowed on a lot.
(e) Unless otherwise provided, a temporary family health care dwelling installed
under this section must comply with all applicable state law and local ordinances.
Subd. 4. Initial permit term; renewal. The initial temporary dwelling permit is valid for
six months. The applicant may renew the permit once for an additional six months.
Subd. 5. Inspection. The county may require that the permit holder provide evidence of
compliance with this section as lona; as the temporary family health care dwelling remains
on the property. The county may inspect the temporary family health care dwelling at
reasonable times convenient to the caregiver to determine if the temporary family health
care dwelling is occupied and meets the requirements of this section.
Subd. 6. Revocation of permit. The county may revoke the temporary dwelling permit if
the permit holder violates any requirement of this section. If the county revokes a permit,
the permit holder has 60 days from the date of revocation to remove the temporary family
health care dwelling.
Subd. 7. Fee. Unless otherwise specified by an action of the county board, the county may
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Chapter 111 - Minnesota Session Laws
charge a fee of up to $100 for the initial permit and up to $50 for a renewal of the permit.
Subd. 8. No public hearing required; application of section 15.99. (a) Due to the time -
sensitive nature of issuing a temporary dwelling permit for a temporary family health care
dwellin4, the county does not have to hold a public hearin;4 on the application.
(b) The procedures aovemina the time limit for deciding an application for the
temporary dwellin4 permit under this section are governed by section 15.99, except as
provided in this section. The county has 15 days to issue a permit requested under this
section or to deny it, except that if the county board holds regular meetings only once per
calendar month the county has 30 days to issue a permit requested under this section or to
deny it. If the county receives a written request that does not contain all required
information, the applicable 15 -day or 30 -day limit starts over only if the county sends
written notice within five business days of receipt of the request telling the requester what
information is missing. The county cannot extend the period of time to decide.
Subd. 9. Opt -out. A county may by resolution opt -out of the requirements of this section.
Sec. 3. [462.35931 TEMPORARY FAMILY HEALTH CARE DWELLINGS.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the
meanings given.
(b) "Caregiver" means an individual 18 years of age or older who:
(1) provides care for a mentally or physically impaired person; and
(2) is a relative, legal guardian, or health care agent of the mentally, o�ysically
impaired person for whom the individual is caring.
(c) "Instrumental activities of daily living" has the meaning given in section
256B.0659, subdivision 1,yaraizraph (i).
(d) "Mentally or physically impaired person" means a person who is a resident
of this state and who requires assistance with two or more instrumental activities of daily
liviniz as certified in writinz by a physician, a physician assistant, or an advanced practice
registered nurse licensed to practice in this state.
(e) "Relative" means a spouse, parent, grandparent, child, grandchild, sibling,
uncle, aunt, nephew, or niece of the mentally or physically impaired person. Relative
includes half, step, and in-law relationships.
(f) "Temporary family health care dwelling" means a mobile residential dwelling
providing an environment facilitating a careaiver's provision of care for a mentally or
Physically impaired person that meets the requirements of subdivision 2.
Subd. 2. Temporary family health care dwelling. A temporary family health care
dwellin4 must:
(1) be primarily assembled at a location other than its site of installation;
(2) be no more than 300 gross square feet;
(3) not be attached to a permanent foundation,
(4) be universally desi;;ned and meet state -recognized accessibility standards;
(5) provide access to water and electric utilities either by connectins; to the
utilities that are serving the principal dwelling on the lot or by other comparable means,
(6) have exterior materials that are compatible in composition, appearance, and
durability to the exterior materials used in standard residential construction,
(7) have a minimum insulation rating of R-15;
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Chapter 111 - Minnesota Session Laws
(8) be able to be installed, removed, and transported by a one -ton pickup truck as
defined in section 168.002, subdivision 21b, a truck as defined in section 168.002,
subdivision 37, or a truck tractor as defined in section 168.002, subdivision 38;
(9) be built to either Minnesota Rules, chapter 1360 or 1361, and contain an
Industrialized Buildings Commission seal and data plate or to American National
Standards Institute Code 119.2; and
(10) be equipped with a backflow check valve.
Subd. 3. Temporary dwelling permit; application. (a) Unless the municipality has
designated temporary family health care dwellings as permitted uses, a temporary family
health care dwelling is subiect to the provisions in this section. A temporary family health
care dwelling that meets the requirements of this section cannot be prohibited by a local
ordinance that regulates accessory uses or recreational vehicle parking or storage.
(b) The caregiver or relative must apply for a temporary dwelling permit from
the municipality. The permit application must be signed by the primary caregiver, the
owner of the property on which the temporary family health care dwelling will be located,
and the resident of the property if the property owner does not reside on the property, and
include:
(1) the name, address, and telephone number of the property owner, the resident
of the property if different from the owner, and the primary caregiver responsible for the
care of the mentally or physically impaired person; and the name of the mentally or
physically impaired person who will live in the temporary family health care dwelling;
(2) proof of the provider network from which the mentally or physically
impaired person may receive respite care, primary care, or remote patient monitoring
Services,
(3) a written certification that the mentally or physically impaired person
requires assistance with two or more instrumental activities of daily living signed by a
nhvsician. a nhvsician assistant. or an advanced practice registered nurse licensed to
ractice in this state
(4) an executed contract for septic service management or other proof of
adequate septic service management;
(5) an affidavit that the applicant has provided notice to adiacent property
owners and residents of the application for the temporary dwelling permit; and
(6) a general site map to show the location of the temporary family health care
dwelling and other structures on the lot.
(c) The temporary family health care dwelling must be located on property
where the caregiver or relative resides. A temporary family health care dwelling must
comply with all setback requirements that apply to the primary structure and with any
maximum floor area ratio limitations that may apply to the primary structure. The
temporary family health care dwelling must be located on the lot so that septic services
and emergency vehicles can gain access to the temoorary family health care dwelling in a
safe and timely manner.
(d) A temporary family health care dwelling is limited to one occupant who is a
mentally or physically impaired person. The person must be identified in the application.
Only one temporary family health care dwelling is allowed on a lot.
(e) Unless otherwise provided, a temporary family health care dwelling installed
under this section must comply with all applicable state law, local ordinances, and charter
provisions.
Subd. 4. Initial permit term; renewal. The initial temporary dwelling permit is valid for
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Chapter 111 - Minnesota Session Laws
six months. The applicant may renew the permit once for an additional six months.
Subd. 5. Inspection. The municipality may require that the permit holder provide evidence
of compliance with this section as lonz as the temporary family health care dwelling
remains on the property. The municipality may inspect the temporary family health care
dwellinfz at reasonable times convenient to the caregiver to determine if the temporary
family health care dwelling is occupied and meets the requirements of this section.
Subd. 6. Revocation of permit. The municipality may revoke the temporary dwelling
permit if the permit holder violates any requirement of this section. If the municipality
revokes a permit, the permit holder has 60 days from the date of revocation to remove the
temporary family health care dwellinz.
Subd. 7. Fee. Unless otherwise provided by ordinance, the municipality may charge a fee
of up to $100 for the initial permit and up to $50 for a renewal of the permit.
Subd. 8. No public hearing required; application of section 15.99. (a) Due to the time -
sensitive nature of issuing a temporary dwelling permit for a temporarfly health care
dwelliniz, the municipality does not have to hold a public hearing on the application.
(b) The procedures aovernina the time limit for deciding an application for the
temporary dwelling permit under this section are Roverned by section 15.99, except as
provided in this section. The municipality has 15 days to issue a peimit requested under
this section or to deny it, except that if the statutory or home rule charter city holds regular
meetings only once per calendar month the statutory or home rule charter city has 30 days
to issue a permit requested under this section or to deny it. If the municipality receives a
written request that does not contain all required information, the applicable 15 -day or 30 -
day limit starts over only if the municipality sends written notice within five business days
of receipt of the request telling the requester what information is missing. The municipality
cannot extend the period of time to decide.
Subd. 9. Opt -out. A municipality may by ordinance opt -out of the requirements of this
section.
Sec. 4. EFFECTIVE DATE. This act is effective September 1, 2016, and applies to
temporary dwelling permit applications made under this act on or after that date.
Presented to the governor May 12, 2016
Signed by the governor May 12, 2016, 1:27 p.m.
Copyright CQ 2016 by the Revisor of Statutes, State of Minnesota. All rights reserved.
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AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 4.13.
STAFF REPORT NO. 113
CITY COUNCIL MEETING
7/26/2016
REPORT PREPARED BY: Chris Regis, Finance Manager
DEPARTMENT DIRECTOR REVIEW:
OTHER DEPARTMENT REVIEW: None.
CITY MANAGER REVIEW: STEVEN L. DEVICH
7/21/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of the first reading of an ordinance amending Subsections 705.19,
715.15, 825.11, and 910.23 of the Richfield City code pertaining to the timing of the special assessment
procedure.
EXECUTIVE SUMMARY:
Within City Code subsections 705.19, 715.15, 825.11, and 910.23, there are date requirements relating to the
special assessment process that require the City Clerk to list the total unpaid charges against each separate
lot or parcel to which they are attributable.
These date requirements can have the effect to restrict the process of the special assessment procedure.
With certain current service assessments, the properties and costs proposed to be assessed is sometimes
not known until after the required date. In addition, State Statutes are silent as to the date by which a list of
properties to be assessed is required.
By removing the date requirement, this will provide a certain level of fle)ability within the special assessment
process and bring these City Code sections in line with State Statutes.
RECOMMENDED ACTION:
By Motion: Approve the first reading of an ordinance amending Subsections 705.19, 715.15, 825.11, and
910.23 of the Richfield City Code relating to the timing of the special assessment procedure and
schedule a second reading for August 23, 2016.
1-1/_116-116461a:7xo%]iyiIiyi1=11►IBYA9Is] Z
A. HISTORICAL CONTEXT
None.
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• Sections 705.19 and 715.15 of the City Code authorizes the City to assess the cost of unpaid
utility bills against the involved property.
• Section 825.11 of the City Code authorizes the City to certify unpaid charges for current
services as a special assessment against the involved property.
• Section 910.23 of the City Code authorizes the City to assess the cost of tree abatement
against the involved property.
• Minnesota State Statute Chapter 429 outlines the special assessment process to be
followed. State Statute does not set a date by which a City must produce a list of
properties to be assessed.
C. CRITICAL TIMING ISSUES:
None.
D. FINANCIAL IMPACT:
• There is no financial impact with the proposed ordinance change.
E. LEGAL CONSIDERATION:
• The City Attorney has drafted the proposed changes in the ordinance.
ALTERNATIVE RECOMMENDATION(B)LI
None.
PRINCIPAL PARTIES EXPECTED AT MEETING:
N/A.
ATTACHMENTS:
Description Type
D Proposed Ordinance Ordinance
BILL NO.
AN ORDINANCE AMENDING SUBSECTIONS 705.19, 715.15, 825.11 AND 910.23 OF
THE RICHFIELD CODE OF ORDINANCES RELATING TO CERTIFICATION OF
ASSESSMENTS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 705.19 of the Richfield City Code is amended as follows:
705.19. - Collections.
Charges of sewer and water service are due on the quarterly due date specified by the
City for the respective account and shall be delinquent 15 days thereafter. It is the duty of the
City to endeavor to promptly collect delinquent accounts, and in all cases where satisfactory
arrangements for payment have not been made, all delinquent accounts shall be certified to the
City Clerk who shall prepare an assessment of the delinquent amounts against the properties
served. To each account there shall be added a certification charge (preparation for certification
of taxes of delinquent accounts) in the amount provided for in appendix D. The assessment roll
shall be delivered to the Council for adoption on or before Oeto .o,• 11" of each year. The action
may be optional or subsequent to taking legal action to collect delinquent accounts. The
certification charge, when collected, shall be allocated equally between the City's water fund and
its sewer fund.
Section 2. Subsection 715.15 of the Richfield City Code is amended as follows:
715.15. - Delinquent water accounts.
Charges of water shall be due on the quarterly due date specified by the City for the
respective account, and shall be delinquent 15 days thereafter. The City shall endeavor to
promptly collect delinquent accounts, and in all cases where satisfactory arrangements for
payments have not then been made, instructions shall be given to discontinue service by shutting
off the water at the stop box. All delinquent accounts shall be certified to the City Clerk who
shall prepare an assessment roll each year providing for assessment of the delinquent amounts
against the respective properties served. This assessment roll shall be delivered to the Council for
adoption en „r be fefe Oete e f ' of each year. Such action may be optional or subsequent to
taking legal action to collect delinquent accounts.
Section 3. Subsection 825.11 of the Richfield City Code is amended as follows:
825.11. Assessment of unpaid bills. Onof beforeSetembef I of e- Each year, the clerk
shall list the total unpaid charges for current services against each separate lot or parcel to which
they are attributable under this section. After notice and hearing as required by law,, the council
may spread the charges against the properties beftefiteR receiving the services, as a special
assessment for certification to the county auditor
along with current taxes. The certification may provide for the payment of the special
assessments the following year or in annual installments, not exceeding ten, as the council may
determine in each case.
Section 4. Subsection 910.23 of the Richfield City Code is amended as follows:
910.23. Recovery of cost of abatement; liability and assessment.
Subdivision 1. The owner of premises on which a nuisance has been abated by the city shall be
personally liable for the cost to the city of the abatement, including administrative costs.
Subd. 2. After notice and hearing, as provided in Minn. Stat. § 429.061 (which may be amended
from time to time), the city clerk shall, enof bef-efe Septembef I nexz following abatement of the
nuisance, annually list the total unpaid charges against each separate lot or parcel to which the
charges are attributable. The Council may then certify the charges against the property to the
county auditor for collection along with current taxes the following year or in annual installments
as the Council may determine in each case.
Sec. 5. This Ordinance will be effective in accordance with Section 3.09 of the City
Charter.
Adopted this of , 2016.
Bv:
ATTEST:
Elizabeth VanHoose, City Clerk
Debbie Goettel, Mayor
AGENDA SEC -10N: CONSENT CALENDAR
AGENDA ITEM # 4.C.
STAFF REPORT NO. 114
CITY COUNCIL MEETING
7/26/2016
REPORT PREPARED BY: Melissa Poehlman, City Planner
DEPARTMENT DIRECTOR REVIEW: John Stark, Community Development Director
7/21/2016
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
7/21/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the approval of a first reading of the ordinance amending City telecommunication
regulations.
EXECUTIVE SUMMARY:
On September 8, 2015, the City Council adopted a one-year moratorium on the consideration of wireless
telecommunication facilities and antennas in City, County, and State right-of-ways throughout the City. This
moratorium was in response to inquiries about new "small cell" technology. The City had been approached
by a company named Mobilitie, who was looking to install six new utility poles for small cell packages within
the City right-of-way.
City staff believes that it is important to provide wireless communication access to the public. City staff also
believes that it is possible to do so with fair and balanced regulations related to siting, screening, and
operation of the wireless communication facilities. The proposed ordinance updates a number of definitions
and the purpose and intent section. It also strikes language related to collocation in the public right-of-way.
This language is proposed to be removed because the Zoning Ordinance is not intended to regulate the initial
permitting and placement of structures within the public right-of-way. Section 802 of the City Code addresses
right-of-way management and includes the City's policies related to permitting, placement, undergrounding,
etc.
In regard to the previous inquiry by Mobilitie, the City Attorney has found that this particular company does
not meet the definition of a telecommunications right-of-way user as defined by Minn. Statutes Section
237.162, Subd. 4 and therefore does not have a richt under law, franchise, or ordinance to use the public
right-of-way. The City may consider applications for right-of-way facilities by Mobilitie, but no inherent right
exists.
RECOMMENDED ACTION:
By motion: Approve a first reading of the ordinance amending Subsection 544.25 of the City Code
related to telecommunication towers and antennas.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
See Executive Summary
B. POLICIES (resolutions, ordinances, regulations, statutes, etch
• Ongoing review and periodic updating of the Code is necessary to ensure that regulations are
serving their intended purposes and that information is kept up-to-date.
• Clear language is important to both staff and our customers.
C. CRITICAL TIMING ISSUES:
The moratorium will expire August 23, 2016.
D. FINANCIAL IMPACT:
None
E. LEGAL CONSIDERATION:
• A public hearing was held before the Planning Commission on July 25, 2016.
• Notice of the public hearing was published in the Sun Current newspaper in accordance with
State and Local requirements.
• Staff will provide a summary of comments from the public hearing as part of the report for the
second reading of this ordinance.
• Staff will notify the Council of the Planning Commission's recommendation at this meeting and/or
the second reading of this ordinance.
• A second reading of this ordinance is scheduled for August 23, 2016.
ALTERNATIVE RECOMMENDATION(Sl:
• Approve the attached ordinance with modifications.
• Reject the proposed ordinance.
PRINCIPAL PARTIES EXPECTED AT MEETING:
Mart Tietjen, City Attorney
ATTACHMENTS:
Description Type
D Ordinance Ordinance
BILL NO.
AN ORDINANCE AMENDING THE RICHFIELD CITY CODE
REGULATIONS RELATED TO
TELECOMMUNICATION FACILITIES
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1 Subsection 507.07, Subdivision 4 of the Richfield City Code defining
"antenna" is amended to read as follows:
Subd. 4. "Antenna." Any exterior apparatus designed fer telephonic
radi�-aaio,-data, I!Rte'rRe'tor other "" rk;a ieRsthrough the sending andler
rei+e mymng of radio fre`vuenGy signals including, but net limited to
e
equipment -attaGhed-te a suppert StrUGWre, pele, light standard building er
ether ctrl yeti ire for the purpose of previdiRg nersenal wireless sepiiees and
it��att attendant h�statien. Fer p irneses of this SeG ie��atenne �
e
net OnGli de "dish entenne.00Any exterior transmitting or receiving device
mounted on a tower, monopole, building, or other structure and used in
communications that radiate or capture electromagnetic waves, digital
signals, analog signals, radio frequencies (excluding radar signals),
wireless telecommunications signals, or other communications signals.
"Antenna" does not include either a "dish antenna" or a lightning rod.
Section 2 Subsection 507.07, Subdivision 99 of the Richfield City Code defining
"public utility" is amended to read as follows:
Subd. 99. "Public utility." Persons, corporations, or governments
supplying gas, electric, transportation, water, or sewer -,-Gr
teleremml inisatien service to the general public. De,�al -fireless
telecommunication service facilities shall not be considered as public
utilities.
Section 3 Subsection 507.07, Subdivision 96 of the Richfield City Code defining
"personal wireless telecommunication service" is repealed.
Subd 96 "D r enal wiF Gemml lnl iep coniine " epsed
-,�T,�„--w-re�.rtefe�neat,�-r����L�c��
r+ommernial Wireless services inch imine velli alare m� ipersonal nemnicatien
/D(�JPnBG•�2ed mobile radie (CHAD), on�TGerJ mebili2ed
ra r�ie 9MR) pagingand similar ceNiGes#tea or marketed to the
general public
Section 4 A new Subsection 507.07, Subdivision 130 of the Richfield City Code to
read as follows is added, and by now renumbering all following
subdivisions accordingly:
Subd. 130. "Telecommunications Equipment." Antennas and
accessory/associated equipment such as wires, cables, generators, air
conditioning units, and other equipment or facilities that are used in
coniunction with telecommunication facilities and telecommunication
equipment.
Section 5 A new Subsection 507.07, Subdivision 131 of the Richfield City Code to
read as follows is added, and by now renumbering all following
subdivisions accordingly:
Subd. 131. "Telecommunications Facilities." Any facility or location
maintained by a commercial enterprise where telecommunications
eauipment or telecommunications tower is located.
Section 6 A new Subsection 507.07, Subdivision 142 of the Richfield City Code to
read as follows is added, and by now renumbering all following
subdivisions accordingly:
Subd. 142. "Wireless telecommunications." Any personal wireless
services as defined in the Federal Communications Act of 1996, including
FCC licensed commercial wireless Telecommunications services
including, but not limited to, cellular, personal communication services
(PCS), specialized mobile radio (SMR), enhanced specialized mobile
radio (ESMR), global system of mobile communication (GSM), paging,
and similar services that currently exist or may be developed.
Section 7 Subsection 544.25 of the Richfield City Code related to
telecommunication towers and antennas is amended to read as follows:
Subdivision 1. [Purpose.l This section is intended to establish fair and
balanced reaulations related to the sitina. screenina. and operation of
wireless telecommunication facilities and equipment',R order to
accommodate the communication needs of residents and businesses
while protecting the public health, safety, and general welfare of the
community;. This section recognizes that wireless communication
systems provide a valuable service to the public but that thev are not a
Public utility. The following regulations the—GeuT^O' fonds that these
regulatieRs are necessary in order to:
a) Facilitate the provision of wireless telecommunication services to
the residents and businesses of the City;
b) Minimize adverse visual effects of towers through careful design
and siting standards;
c) Avoid potential damage to adjacent properties from tower failure
through structural standards and setback requirements; and
d) Maximize the use of existing and approved towers and buildings to
accommodate new wireless telecommunication antennas in order to
reduce the number of towers needed to serve the community.
Subd. 2. Permits. It shall be unlawful for any person, firm, or corporation
to erect, construct in place, place or re -erect, replace, or repair any tower
without first making application to the Department of Community
Development and securing the required zoning and building permits.
Subd. 3. Exemptions. Permits are not required for: (Amended, Bill No.
2011-13)
i. Adjustment of the elements of an antenna array affixed to a tower
or antenna, provided that replacement does not reduce the safety factor.
ii. Antennae and/or towers erected temporarily for test purposes, for
emergency communication, or for broadcast remote pick-up operations.
Temporary antennae shall be removed within 72 hours following
installation.
Subd. 4. Submittal Requirements. The applicant shall provide at the time
of application sufficient information to indicate that construction,
installation, and maintenance of the antenna and tower will not create a
safety hazard or damage to the property of other persons. In addition to
the information required elsewhere in this Code, development applications
for towers shall include the following supplemental information: (Added,
Bill 2009-1)
a) A report from a qualified and licensed professional engineer
which:
i. Describes the tower height and design including a cross section
and elevation;
ii. Documents the height above grade for all potential mounting
positions for co -located antennas and the minimum separation distances
between antennas;
iii. Describes the tower's capacity, including the number and type of
antennas that it can accommodate;
iv. Documents what steps the applicant will take to avoid interference
with established public safety telecommunications;
V. Includes an engineer's stamp and registration number; and,
vi. Includes other information necessary to evaluate the request.
b) For all commercial wireless telecommunication service towers, a
letter of intent committing the tower owner and his or her successors to
allow the shared use of the tower if an additional user agrees in writing to
meet reasonable terms and conditions for shared use.
c) Before the issuance of a building permit, the following supplemental
information shall be submitted:
i. Proof that the proposed tower complies with regulations
administered by Federal Aviation Administration; and,
ii. A report from a qualified and licensed professional engineer which
demonstrates the tower's compliance with the aforementioned structural
and electrical standards.
d) All abandoned or unused towers and associated facilities shall be
removed within 12 months of the cessation of operations at the site unless
the Director approves a time extension. In the event that a tower is not
removed within 12 months of the cessation of operations at a site, the
tower and associated facilities may be removed by the City and the costs
of removal assessed against the property.
Subd. 5. Towers 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:
Church sites, when camouflaged as steeples or bell towers;
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.
Subd. 6. Collocation Requirements. All commercial wireless
telecommunication towers erected, constructed, or located within the City
shall comply with the following requirements:
a) A proposal for a new commercial wireless telecommunication
service tower shall not be approved unless the City Council finds that the
telecommunications equipment planned for the proposed tower cannot be
accommodated on an existing or approved tower or building within a one
(1) mile search radius (one half ('/2) mile search radius for towers under
120 feet in height, one quarter (1/) mile search radius for towers under 80
feet in height) of the proposed tower due to one (1) or more of the
following reasons:
i. The planned equipment would exceed the structural capacity of the
existing or approved tower or building, as documented by a qualified and
licensed professional engineer, and the existing or approved tower cannot
be reinforced, modified, or replaced to accommodate planned or
equivalent equipment at a reasonable cost.
ii. The planned equipment would cause interference materially
impacting the usability of other existing or planned equipment at the tower
or building as documented by a qualified and licensed professional
engineer and the interference cannot be prevented at a reasonable cost.
iii. Existing or approved towers and buildings within the search radius
cannot accommodate the planned equipment at a height necessary to
function reasonably as documented by a qualified and licensed
professional engineer.
iv. Other unforeseen reasons that make it infeasible to locate the
planned telecommunications equipment upon an existing or approved
tower or building.
b) Any proposed commercial wireless telecommunication service
tower shall be designed, structurally, electrically, and in all respects, to
accommodate both the applicant's antennas and comparable antennas for
at least 2 additional users if the tower is over 100 feet in height or for at
least one (1) additional user if the tower is over 60 feet in height. Towers
must be designed to allow for future rearrangement of antennas upon the
tower and to accept antennas mounted at varying heights.
Subd. 7. Tower Design Requirements. Proposed or modified towers and
attached antennas shall meet the following design requirements.
a) Towers and antennas shall be designed to blend into the
surrounding environment through the use of color and camouflaging
architectural treatment, except in instances where the color is dictated by
federal or state authorities such as the Federal Aviation Administration.
b) Commercial wireless telecommunication service towers shall be of
a monopole design unless the City Council determines that an alternative
design would better blend into the surrounding environment.
Subd. 8. Tower Setbacks. Towers shall conform to each of the following
minimum setback requirements:
a) Towers shall meet the setbacks of the underlying zoning district
with the exception of industrial zoning districts, where towers may
encroach into the rear setback area, provided that the rear property line
abuts another industrially zoned property and the tower does not encroach
upon any easements.
b) Towers shall maintain a minimum distance from the nearest
residential structure equal to twice the height of the tower.
c) Towers shall not be located between a principal structure and a
public street, with the following exceptions:
i. In industrial zoning districts, towers may be placed within a side
yard abutting an internal industrial street.
ii. On sites abutted by public streets on all sides, towers may be
placed within a side yard abutting a local street.
d) A tower's setback may be reduced or its location in relation to a
public street varied, at the sole discretion of the City Council, to allow the
integration of a tower into an existing or proposed structure such as a
church steeple, light standard, power line support device, or similar
structure.
Subd. 9. Tower Height. The height of a telecommunication tower and
antenna shall be measured as the distance from ground level to the
highest point on the tower, including the antenna.
a) In all residential property, the maximum height of any tower shall be
30 feet.
b) In all residential zoning districts other than designated residential
property, the maximum height of any tower shall not exceed one (1) foot
for each four (4) feet the tower is setback from designated residential
property up to a maximum height of 75 feet.
c) In all nonresidential zoning districts, the maximum height of any
tower shall not exceed one (1) foot for each two (2) feet the tower is
setback from designated residential property up to a maximum height of
75 feet in nonindustrial zoning districts and 100 feet in industrial zoning
districts.
d) In accordance with the Federal Communications Commission's
preemptive ruling PRB1, towers and antennas erected for the primary
purpose of supporting amateur radio communications may exceed the
height restrictions of (3), above, but shall not exceed 65 feet in height.
e) In addition to the height limitations noted above, no tower shall be
constructed or changed so as to project above any Airspace Surface as
shown on MSP Zoning Map Airspace Zones of the MSP Zoning
Ordinance.
Subd. 10. Tower Lighting. Towers shall not be illuminated by artificial
means and shall not display strobe lights unless such lighting is
specifically required by the Federal Aviation Administration or other federal
or state authority for a particular tower. When incorporated into the
approved design of the tower, light fixtures used to illuminate ball fields,
parking lots, or similar areas may be attached to the tower.
Subd. 11. Signs and Advertising. The use of any portion of a tower for
signs other than warning or equipment information signs is prohibited.
Subd. 12. Associated Equipment. Ground equipment associated with a
tower or wireless telecommunications facility shall be screened by
vegetative or other screening compatible with the surrounding
environment if deemed necessary by the Director or designee. When
associated ground equipment is housed in a building or structure, that
building or structure shall be architecturally designed to blend in with the
surrounding environment and shall meet the minimum setback
requirements of the underlying zoning district. Ground equipment
associated with a wireless telecommunications facility may be located on
residentially used property only within a utility easement adjacent to the
public right-of-way, except in the multifamily zoning districts where ground
equipment associated with a wireless telecommunications facility may also
be located within a code complying building or structure after receiving the
approvals required by this Code.
Subd. 13. Antennas Mounted on Roofs, Walls, and Existing Towers. The
placement of wireless telecommunication antennas on roofs, walls, and
existing towers may be approved by the Director, provided the antennas
meet the requirements of this Code, after submittal of 1) a site and
building plan and 2) a report prepared by a qualified and licensed
professional engineer indicating the existing structure or tower's suitability
to accept the antenna, and the proposed method of affixing the antenna to
the structure. Complete details of all fixtures and couplings, and the
precise point of attachment shall be indicated. Antennas shall be mounted
on the facade of the building or penthouse structure unless the Director or
designee determines that another antenna mounting location decreases
the visual impact of the antennas. All roof -mounted equipment shall be
screened from view.
Subd. 14. Antenna Design and Mounts. Applicants shall use antenna
designs and mounts that minimize visual impact.
Subd. 16. Maintenance and Inspections. Tower and antenna finish and
paint shall be maintained in good condition, free from rust, graffiti, peeling
paint, or other blemish.
a) All towers may be inspected at least once each year by an official
of the Building and Inspection Division to determine compliance with
original construction standards. Deviation from original construction for
which a permit is obtained constitutes a violation of this Section.
b) Notice of violations will be sent by registered mail to the owner and
he will have 30 days from the date the notification is issued to make
repairs. The owner will notify the Building and Inspection Division that the
repairs have been made, and as soon as possible thereafter, another
inspection will be made and the owner notified of the results.
Subd. 17. Variances. The following standards apply to variance requests
for towers, antennas, or wireless telecommunication facilities.
Section 8
a) The City Council shall consider the following issues in addition to
the variance findings required in Section 547.11 of this Code.
i. The viability of Code complying alternative locations for the
proposed tower, antenna, or wireless telecommunication facility.
ii. The impacts of the tower, antenna, or wireless telecommunication
facility at the proposed site relative to the impacts of the tower, antenna, or
wireless telecommunication facility at a Code complying alternative
location.
iii. The extent to which there is a significant gap in coverage
surrounding the proposed tower, antenna, or wireless telecommunication
facility or other evidence of inadequate service due to antenna location.
iv. The extent to which the proposed tower, antenna, or wireless
telecommunication facility is the least intrusive, lowest impact design
available.
V. The extent to which the height of the proposed tower, antenna, or
wireless telecommunication facility could be reduced and still provides
adequate coverage.
vi. The extent to which the size of the proposed accessory equipment
could be reduced.
vii. The feasibility of placing the proposed accessory equipment
underground.
b) The applicant shall pay the reasonable cost of the City retaining a
qualified, independent radio frequency engineer to provide a professional
opinion to the City Council if the Director or designee determines that an
independent radio frequency engineer is needed to assist in consideration
of these regulations.
This Ordinance is effective in accordance with Section 3.09 of the
Richfield City Charter.
Passed by the City Council of the City of Richfield, Minnesota this day of
12016.
Debbie Goettel, Mayor
ATTEST:
Elizabeth VanHoose, City Clerk
AGENDA SECTION: OTHER BUSINESS
AGENDA ITEM # 6.
STAFF REPORT NO. 115
CITY COUNCIL MEETING
7/26/2016
REPORT PREPARED BY: Cheryl Krumholz, Executive Coordinator
DEPARTMENT DIRECTOR REVIEW: N/A
OTHER DEPARTMENT REVIEW: N/A
CITY MANAGER REVIEW: STEVEN L. DEVICH
7/21/2016
ITEM FOR COUNCIL CONSIDERATION:
Consideration of the appointments to City advisory commissions.
EXECUTIVE SUMMARY:
In January 2016, the City Council made several appointments to the various City advisory commissions.
However, there continued to be some vacancies following these appointments.
A mid -year advisory commission member recruitment was conducted in June 2016. The City Council
accepted applications. A Special City Council Meeting was scheduled on July 16, 2016 to conduct
interviews.
RECOMMENDED ACTION:
By motion: Approve the appointments to various City advisory commissions.
BASIS OF RECOMMENDATION:
A. HISTORICAL CONTEXT
• The historical context is fully contained in the Executive Summary.
B. POLICIES (resolutions. ordinances. reaulations. statutes. etc):
• City advisory commissions were established by City ordinance or resolution.
• Applicant interviews are conducted at Special City Council meetings.
C. CRITICAL TIMING ISSUES:
• Applications were received and interviews were conducted on July 16, 2016.
D. FINANCIAL IMPACT:
• N/A
E. LEGAL CONSIDERATION:
• The July 16, 2016 Special City Council Meeting was posted in accordance with the open meeting
law requirements.
ALTERNATIVE RECOMMENDATION(S):
The City Council could defer the appointments to a future City Council Meeting.
PRINCIPAL PARTIES EXPECTED AT MEETING:
None.
ATTACHMENTS:
Description Type
❑ Vacancy List Cover Memo
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