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10-29-1996CITY Of R10HAELD ROIlR CEU K«nninG commission nanDR October 29, 1996 SPECIAL MEETING Minute Regular Planning Commission meeting of September 24, 1996, Study Session meeting of October 8, 1996. I "uhli H ahin ITEM #1 American Portable Telecom - Conditional Use Permit to allow construction of a 134 foot telecommunications tower at Christian Park (6900 Bloomington Avenue) ITEM #2 ILN and LHN Tax Increment Financing Plan Modification Ci : Uti111 titi School Board Community Services Advisory Commission HRA City Council AdHoc I35/I494 Traffic Committee ACI)()UY'lllllellt Auxiliary aids for individuals with disabilities are available upon request. Requests must be made at least 96 hours in advance to the Administrative Services Director at 861 - 9702 ". Item: #1 Agenda Section: Public Hearing Case: #96- CUP -13 Date: October 29, 1996 GENERAL INFORMATION Petitioner: American Portable Telecom Location: Christian Park -- 6900 Bloomington Avenue Type of Request: Conditional use permit to allow construction of a 134 -foot telecommunications tower. Zoning: R (single family residential) Land Use: Park Comp. Plan: Parks and Open Space References: (see attached Citations section for excerpts) Zoning Code: 521.07, Subd. 10 (to be effective November 1, 1996) City Code: 426 (to be effective November 1, 1996) ACTION Proposed Change: Approval of the conditional use permit would allow construction of a 134 - foot telecommunications tower. Staff Recommendation: Approve the conditional use permit request with stipulations. HISTORY Public Notice: Notice of the Planning Commission's consideration and public hearing was mailed to all owners of property adjacent to the park. Public Hearing: The Planning Commission will conduct a public hearing on October 29, 1996, City Council: Planning Commission action would set a City Council public bearing date of November 12, 1996. PLANNING COMMISSION MINUTE i MEMBERS PRESENT: MEMBERS ABSENT: COUNCIL LIAISON: Regular Meeting September 24, 1996 Chairperson Daniel Linnihan; Commissioners: Timothy Erlander, David Gepner, Mitchell Hadley, Kevin Hansen, and Kristal Stokes. Dawn Weitzel, Pamela Dmytrenko, and Paul Wasko Martin Kirsch, Mayor STAFF PRESENT: John Melin, Community Development Manager Julie Urban, Zoning Administrator Cynthia Kirchoff, Planning Staff Assistant The Planning Commission meeting was called to order by Chairperson Linnihan at 7:00 p.m. APPROVAL OF MINUTES M/Erlander, S /Stokes to approve the minutes of the regular Planning Commission meeting of August 27. 1996. Motion carried: 6 -0 Commissioner Erlander pointed out that Commissioner Postudensek's name is now Weitzel. M/Erlander, S /Stokes to approve the minutes of the special Planning Commission meeting September 17. 1996 as amended. Motion carried: 6 -0 PUBLIC HEARING Chairperson Linnihan informed the public that Item #2 had been withdrawn by the applicant, and the Planning Commission would not hold a hearing on it that evening. September 24, 1996 Page 2 ITEM #1 96- APUD -3, Shops at Lyndale, 77th Street/ Lyndale Avenue CSM Corporation Zoning Administrator Urban reviewed the staff report, stating that CSM Corporation is proposing to incorporate up to 2,500 square feet of office use into Phase II of the shopping center. At this time, a temporary employment office would occupy 1,350 (10 %) square feet of floor area within the in -line space. Commissioner Hansen questioned whether this proposed office use would be part of the remaining 12,000 square feet of in line shops. Ms. Urban indicated that it will. Glen McCormick, Western Temporary Services Twin Cities representative, stated that they have 14 metro area and outstate Minnesota locations and 380 world -wide. Commissioner Erlander questioned the types of employment this office would serve. Mr. McCormick stated that they primarily provide administrative and technical positions. He stated that they have served companies such as West Publishing, Regis, First Bank and 3M. Chairperson Linnihan questioned if it was a "day labor" operation. Mr. McCormick stated that it is not and that they offer higher -end pay ($6.50 to 15.00/hour), professional positions. Commissioner Gepner questioned the location of the bike racks. Bruce Carland, CSM Corporation, stated that the bike racks are on back order but will be arriving in the next 4 to 6 weeks. Commissioner Stokes questioned the leasing in the shop area. Mr. Carland stated that Video Update, Papa John's and Western Temporary will be located in the shopping center and they have prospects for the remaining 4,000 square feet. M/Erlander, S /Stokes to close the public hearing. Motion carried: 6 -0. M/Erlander, S/Hadley to recommend approval of the amendment to the planned unit development plan—final development plan and conditional use permit for Phase II of the Shops at Lyndale to allow office /service use in up to 20 percent, or 2.530 square feet of the in -line shops September 24, 1996 Page 3 Motion carried: 6 -0. ITEM #2 96- CUP -12, Christian Park American Portable Telecomm Item withdrawn ITEM #3 96- APUD -4, 1200 East 78th Street Northern Hospitality Zoning Administrator Urban reviewed the staff report, stating that Northern Hospitality is proposing to redesign the building. The proposed building would be 3 stories, 30,933 square feet with 58 rooms. Sixty parking spaces would still be provided on the site. The building orientation and site coverage would remain essentially the same as the approved plan. Commissioner Stokes questioned how the applicant could reduce the square footage by a considerable amount and only reduce the number of rooms by 2. Ms. Urban stated that the rooms will be smaller and there will be less open space. She stated that only 1 parking stall is required per room and additional parking is required per employee. Perry Platisha, Northern Hospitality, stated that the reduction in the height of the hotel has led to the construction of rooms over the pool and suites reduced to regular rooms. Commissioner Hansen questioned whether there would be banquet facilities in the proposed hotel. Mr. Platisha indicated that there would be one meeting room. M/Erlander, S /Stokes to close the public hearing-. Motion carried: 6 -0. M/Stokes, S/Erlander to recommend approval of the amended planned unit development plan, final development plan and conditional use permit with the original stipulations. Motion carried: 6 -0. September 24, 1996 Page 4 NEW BUSINESS ITEM #4 PC Ltr 14, Visual Imagery Workshop - Richfield Planning Area Tom Martinson presented a visual imagery workshop with slides and written materials. He stated that this workshop was presented to gain knowledge and insight to deal with MN DOT effectively in the Richfield Lake Planning area. Mr. Martinson stated that this workshop consists of two parts: one, a presentation of images and design themes and two, the polling packet in which the Planning Commission and others can vote. Mr. Martinson presented information on creative expectations. He stated that there are four categories of cities and their expectations: functional, systematic, innovative and visionary. He presented visual examples of each type and their approaches to open space. Mr. Martinson stated that a city should decide what they are and be consistent. Mr. Martinson presented information on representative vocabulary. These attributes are color, light, art, humor, signs, roads, etc. He presented each of these attributes in slide form. He presented the Stardust Casino sign in Las Vegas because of its unique value as a sign. Mr. Martinson presented city eras, or how cities grow and develop. He stated that Richfield is on an "even keel" and looks good. Mr. Martinson requested that everyone involved with Richfield complete the attached survey. LIAISON REPORTS Community Services Advisory Commission: Commissioner Stokes reported that the master parks plan group has been interviewing staff to find out their needs and preferences. Commissioner Gepner reported on the 76th Street task force (east of 35W) stating that the 76th Street task force decided to continue meeting despite initial opposition from residents. This task force is attempting to make the street more attractive and possibly incorporate a bike path. Commissioner Gepner stated that maintenance issues were discussed and homeowners were concerned with their financial obligations for any improvements. City Council: Chairperson Linnihan stated that the Galyan's conditional use permit was tabled until October 28th to study the effects of "traffic calming." The City Council approved the modification of the TIF plan for the CABA District. The antenna ordinance was approved with some minor amendments. September 24, 1996 Page 5 Chairperson Linnihan announced that there will be a study session on telecommunications on October 8th. The Minnesota Telephone Association will be present representing right -of -way issues. HRA: Zoning Administrator Urban stated that they were considering an expanded Transformation Housing Program. She also stated that a resident raised the issue of preferences for New Ford Town residents in the new housing program. Ms. Doris Rubenstein, 6515 Emerson Avenue South, Officer in the Woodlake Village Homeowners Association, invited the Planning Commission to their board meeting on November 12th, at 7:00 p.m.. Chairperson Linnihan stated that someone from the Planning Commission will be present at that meeting. He also stated that residents will be involved in the Richfield Lake Area process. ADJOURNMENT The meeting was adjourned by unanimous consent at 8:55 p.m. 7:!5 Timothy Erlander Planning Commission Secretary PLANNING COMMISSION MINUTE mr.11VIOTM Study Session October 8, 1996 MEMBERS PRESENT: Chairperson Daniel Linnihan; Commissioners: Timothy Erlander, David Gepner, Mitchell Hadley, Kristal Stokes, Paul Wasko, and Dawn Weitzel. MEMBERS ABSENT: Pamela Dmytrenko and Kevin Hansen COUNCIL LIAISON: Martin Kirsch, Mayor STAFF PRESENT: John Melin, Community Development Manager Julie Urban, Zoning Administrator Cynthia Kirchoff, Planning Staff Assistant The Planning Commission study session was called to order by Chairperson Linnihan at 7:05 p.m. NEW BUSINESS Item #1 Video on Wireless Communications Chairperson Linnihan stated that this study session was presented in response to the request to construct an antenna in Christian Park and as follow -up to the ordinance regarding commercial wireless telecommunication services towers and antennas. Chairperson Linnihan presented a video on wireless communications. Jerry Knickerbocker, Director of Governmental Affairs, Minnesota Telephone Association, presented an overview of the Telecommunications Act of 1996. He stated that: Congress intended to open competition. Congress took power away from local governments by forbidding them to halt the development or construction of telecommunication towers and antennas. Market service areas were changed in that communication companies can "cherry pick" or not serve all of one area, but the most lucrative sections like business users. This Act provided an opportunity for companies to interconnect with other carriers. October 8, 1996 Page 2 In Minnesota the interconnection agreements are currently in the arbitration process. Carriers must "unbundle" their services to determine each cost to set the price for resale. A new entrant could "pick and choose" services and sell them to customers as one package. The Universal Services Fund, which has historically kept prices low in all parts of the state, will change the formula and increase prices. Minnesota may create its own Universal Services Fund to diminish the effects of the Act on rural users. A Task Force on Local Competition is determining how localities and the telecommunications industry will change to comply with the Federal Telecommunications Act. The FCC's first order regarding interconnection has been challenged in court by GTE, Bell and others requesting a stay as they believe that the FCC overstepped their bounds and states have historically dealt with price issues. Chairperson Linnihan questioned the effect of the challenge in court on deployment. Mr. Knickerbocker stated that it will slow deployment and that the legislation may be reworked to be more beneficial. Chairperson Linnihan questioned whether localities have the right to restrict "cherry picking." Commissioner Wasko asked whether cities can encourage good services at a low cost to everyone. Mr. Knickerbocker stated that the price structure favors the aggregate demand and that basic services will most likely have to be subsidized. He explained Section 704, which states that local ordinances must be reasonable to accommodate telecommunication towers. He stated that some communities around the country have established moratoriums halting the development/construction of telecommunication towers. Mr. Knickerbocker raised issues that the FCC has been asked to address: The definition of a "reasonable" period of time on which localities have to act on these requests; The "colocation" mandate; and The license renewals of existing sites. He explained that in 1997 the 100 major metropolitan statistical areas are required to implement number portability" or keeping the same number after moving within an area and in 1998 the remainder of people will have to follow. Dan Richards, Wireless North Communications, presented a PCS overview. He explained that there is a difference between PCS the concept and PCS the industry. The concept is the service offered and the industry is the built digital network. He stated that: There are eight (8) different wireless carriers with different protocol, which causes pressure on both carriers and manufacturers. October 8, 1996 Page 3 The lower powered handset, driven by the consumer, has led to more sites and more local zoning problems. A telecommunication company's search area considerations are network design, other available sites, traffic counts, population density, ground clutter, proximity of airports, local zoning and the attitude of residents in the area. The economic feasibility of a potential site is important. Mr. Richards stated that a community must have a consistent policy for handling requests from the telecommunications industry and this industry can be a revenue generator for a local government. Commissioner Gepner questioned what frequency is better. Mr. Richards stated that lower frequencies have far reaching signals, but are worse for voice and penetrating structures. He explained that higher frequencies are good for voice and penetration of structures. Commissioner Gepner questioned the difference and benefits of analog and digital. Mr. Richards stated that digital systems are better for voice clarity and privacy, and make it more difficult to engage in fraudulent activities. He stated that a consortium of communities would be beneficial in developing consistent policy and fee structures. The study session came to a close at 9:25 p.m. Timothy Erlander Planning Commission Secretary ANALYSIS Background: In June of 1996, the City Council established a moratorium on the development of telecommunications towers and antennas and directed staff to undertake a study of the issues relating to towers and antennas. In August, the Planning Commission reviewed a proposed ordinance amendment and made a recommendation on the ordinance to the City Council. On September 23, 1996, the Council approved the ordinance. Before the moratorium was enacted, American Portable Telecom (APT) submitted an application to construct a 100 -foot telecommunications tower at 1537 East 66th Street. The proposed location of the tower did not meet the requirements of the new ordinance. APT withdrew its original application and resubmitted it for the Christian Park location. Proposal: APT is proposing to construct a 134 -foot telecommunications tower in Christian Park adjacent to the existing tennis courts. The tower is of a monopole design and would replace an existing light pole that services the tennis courts. The lights would be reinstalled on the monopole. The tower material would match the rust - colored material of the existing light poles. The tower would be located approximately 120 feet from the residential property to the west and approximately 410 feet from the residential property to the east. Issues: 1. Location: APT originally proposed to locate the tower adjacent to the ball fields in the northern half of the park. Several neighbors suggested relocating the tower to the southern half of the park, adjacent to the tennis courts, where less park activity takes place. In the original location, the tower would have replaced an existing 80 foot light pole. A 40 foot light pole is located in the proposed location. 2. Setback: The City Code requires a setback from residential property equal to 1.5 times the height of the tower (Section 426.27, Subd. 2). In this case, the required setback would be 201 feet. However, the Council, at its discretion, may reduce this requirement if the tower is being integrated into an existing structure such as a light standard. Due to its proximity to residential property, the proposed tower would be limited to 80 feet in height, unless the Council determines that the replacement of an existing light standard warrants a setback reduction. 3. Search Area /APT Network: There are no existing telecommunications towers, buildings or other structures within the area that are of sufficient height to accommodate the antennas. A map that illustrates APT's network of antennas in this area is attached. 4. Accessory Equipment: The accessory equipment will be located next to the tower. There will be three containers, each of them 2 feet by 2 feet and 4 feet tall. The containers will be covered with 1/4" galvanized steel for security purposes. Recreation services staff prefer that the boxes be reinforced rather than screened by a fence so that they take up as little park space as possible. 5. Co- location: At the proposed height, the tower will have the capability of accommodating a second user and potentially a third user. 6. Interference: Neighbors have expressed concern with potential interference by the tower with their own television and radio communications. Telecommunication companies are prohibited by the Federal Communications Commission from interfering with these transmissions. Health Issues: The antennas are a source of non - ionizing radiation, a less powerful form than ionizing radiation (e.g. x- rays). APT has provided documentation confirming that the FCC requires them to comply with the human exposure to emission levels established by the American National Standards Institute (ANSI). The City is prohibited by federal law from denying an application for a tower based on health issues. RECOMMENDATIONS Recommended Action: Preferred: Recommend that the City Council approve the request for a 134 foot telecommunications tower in Christian Park with the following stipulations: 1. That final placement of the tower equipment be approved by the Leisure Services Coordinator. 2. That placement of any future equipment related to an additional user be approved by the Leisure Services Coordinator. 3. That the relocation of the tennis court entrance be approved by the Leisure Services Coordinator. Basis: 1. The tower will replace an existing light standard; the light fixture will be reattached to the tower. 2. The accessory equipment will not be screened with fencing at the request of park staff to minimize its intrusion on park property. 3. The Leisure Services Coordinator has reviewed the proposed plans and will negotiate a lease with APT if a conditional use permit is issued. 4. There is not an existing tower or building in the area tall enough to locate the antennas. 5. The proposed location is removed from the ball field area where the greatest number of activities take place. Alternative: Recommend that the City Council deny the request with a finding of fact that the proposed tower does not meet the required setback and the replacement of the light fixture does not warrant a reduction by the City Council. ZONING CODE: CITATIONS SECTION 521 - ZONING: RESIDENTIAL DISTRICTS 521.07. Conditional uses. Subdivision 1. The uses listed in this subsection are conditional uses in the R District, and are subject to the conditional use permit provisions outlined in Section 546.05 of this code. Subd. 10. CWTS towers and related features, provided that they conform to Section 426 of the City Code and that they are located in the following residentially zoned locations; church, park, government, schools, utility and institutional sites. Section 426 - Public Commercial Wireless Telecommunication Services Antennas and Towers 426.01. Purpose. Subdivision 1. The purpose of this ordinance is to provide for the safe installation and usage of public commercial wireless telecommunication services (CWTS) towers and antennas. The provisions of this section are intended to protect the health, safety and general welfare of the community, while providing for well designed and efficient telecommunications systems. The provisions are intended to minimize the adverse visual effects of towers through careful design and siting standards, to avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements, and to maximize the use of existing towers and buildings to accommodate antennas and reduce the number of towers needed to serve the community. 426.03. Definitions. Subdivision 1. For the purposes of this section and the zoning code of the city, the terms defined in this subsection have the meanings given them. Subd. 2. "Commercial Wireless Telecommunication Services" means any licensed telecommunication services including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the public. Subd. 3. "CWTS Antenna" means any structure or device which transmits and receives electromagnetic waves, including but not limited to directional antennas such as panels, microwave dishes, satellite dishes, and omni- directional antennas. Subd. 4. "CWTS Tower" means any pole, spire, structure, or combination thereof, including supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an antenna or similar apparatus above grade, for the purpose of provide CWTS to the public. 426.05. Location. Subdivision 1. The requirements in this subsection apply to CWTS towers and antennas erected, constructed, placed, re- erected or replaced in the City. Subd. 2. CWTS towers and related equipment shall be allowed in the following zoning districts with a conditional use permit: a) C -2, C -3, MR -3 and I districts; b) R district on church, park, government, school, utility and institutional sites; and c) Planned unit development districts as approved in the final development plan. Subd. 3. CWTS towers and related equipment in the C -2 C -3, MR -3 and I districts shall be allowed in the rear yard and in an interior side yard provided that the side yard property line abuts another commercially or industrially zoned property. Subd. 4. CWTS towers and related equipment in the R district, as conditionally permitted in Subd. 2 b), shall be allowed only in the rear yards. Subd. 5. CWTS antennas shall be allowed as an accessory use in the following zoning districts: a) MR -3, C -1, C -2, C -3 and I districts; b) R district on church, park, government, school, utility and institutional sites; and c) Planned unit development districts with administrative approval by the Community Development Director. 426.07. CWTS Tower Performance Standards. Subdivision 1. These performance standards apply to any CWTS tower that is erected, constructed, placed, re- erected or replaced in any zoning district in the city. Subd. 2. Minimum setback requirements: a) Towers in the C -2, C -3, MR -3 and I districts shall meet the setback requirements for an accessory structure for the underlying district. b) Towers in the R district shall meet the setback requirements for a non - residential accessory structure for the underlying district. c) In addition to the setback requirements in Section 426.07, Subd. 2 (a) and (b), towers in the C -2, C -3, I and R districts shall have a separation from properties devoted to residential uses equal to 1.5 times the height of the tower. Measurements shall be taken from the tower to the nearest lot line. d) In addition to the setback requirements in Section 426.07, Subd. 2 (a), towers in the MR -3 district shall have a separation from adjacent properties devoted to residential uses, measured to the property line, equal to 1.5 times the height of the tower. Further, the tower shall have a separation from any multi - family residential structure that exists on the property in the MR- 3 district on which the tower is located equal to 1.5 times the height of the tower. . e) The City Council, at its discretion, may reduce the required setback or separation to allow the integration of a tower into an existing or proposed structure or feature such as a church steeple, light standard, power line support device, .sports stadium or similar structure or feature. Subd. 3. Height. The maximum height of a tower, including all antennas and other attachments, shall not exceed 150 feet. Subd. 4. Signage. No signage is permitted on a tower except applicable warning and equipment information signage required by the manufacture or by federal, state or local authorities. Subd. 5. Lighting. Towers and related antennas shall not be artificially lighted unless it is required by the Federal Aviation Administration or other federal or state authority. When incorporated into the approved design of the towers, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. Subd. 6. Design Requirements. Proposed or modified towers shall meet the following design requirements: a) Towers shall be of a neutral color and designed to minimize visibility and blend into the surrounding environment except in cases where color is dictated by the Federal Aviation Administration or other federal or state authority. b) Towers shall be of a monopole design unless the City Council, at its discretion, approves an alternative design. Subd. 7. Co- location. All towers shall comply with the following requirements: a) If a tower exceeds 75 feet in height, the tower shall be designed to structurally accommodate the owner's antennas and at least one additional user unless the additional height required for an additional user is prohibited by the Federal Aviation Administration. The conditional use permit application should include technical information demonstrating that the tower can accommodate a second user; b) Shared use of existing towers or structures shall be preferred to the construction of a new tower. A proposal for a new telecommunications 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 on a building over 75 feet in height within a one -half mile search radius. The applicant must demonstrate that the proposed antennas cannot be accommodated on an existing tower or structure due to one or more of the following reasons: i) the unwillingness of the owner of the existing structure or tower to co- locate an additional antenna; ii) the planned antenna would exceed the structural capacity of existing and approved towers and facilities; iii) the planned antenna would cause radio frequency interference with other existing or planned equipment, which cannot reasonably be prevented; iv) other reasons affecting technical performance, system coverage, and system capacity make it impractical to place the equipment proposed on existing structures or towers; and /or v) other unforeseen reasons that make it unfeasible to locate the planned equipment on an existing or approved tower or building. 426.09. CWTS Antenna Performance Standards. Subdivision 1. These performance standards apply all CWTS antennas that are erected, constructed, placed, re- erected or replaced in any zoning district in the city. Subd. 2. Height. The maximum height of an antenna is 15 feet without a conditional use permit. Subd. 3. Signage. No advertising message shall be on the antenna structure. Subd. 4. Screening. Such structures shall be screened from adjacent residential uses and street rights -of way. Screening shall include materials compatible with those utilized on the exterior of the building for roof mounted antenna structures. Screening plans shall be approved by the Community Development Director. Subd. 5. Lighting. Towers and antennas shall not be artificially lighted unless it is required by the Federal Aviation Administration or other federal or state authority. 426.11. Accessory Buildings and Equipment. All buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the applicable zoning district. Ground mounted equipment shall be screened from view by vegetation or other means of screening as approved by the Community Development Director. 426.13. Abandonment. All obsolete or unused towers and related antennas and equipment shall be removed within twelve months of the cessation of operations, unless a time extension is approved by the City Council. If a time extension is not approved and the tower is not removed within twelve months, the tower may be deemed a nuisance pursuant to Section 925 of the City Code. In the event a tower is determined to be a nuisance, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property. 426.15. Interference. All new or existing telecommunications service shall comply with all relevant Federal Communication Commission standards and shall not interfere with public safety and other city telecommunications. At the discretion of the Director of Public Safety, the owner of a telecommunications service may be required to submit an inter- modulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. 426.17. Health - Related Standards. Antennas placed upon a tower shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, the antennas shall be made to comply or continued operations may be restricted by the City Council. Section 426.19. Support of Public Warning Systems. Telecommunications operators that utilize towers that are erected after the effective date of this ordinance shall participate in the Emergency Alert System (EAS), as defined by FCC Rules and Regulations, Part 11, by broadcasting warnings of severe weather and other life threatening emergencies to users of personal communications equipment served by the tower. Telecommunications operators may be exempt from the requirements of this subdivision under the following circumstances: a) The telecommunications operator demonstrates that participation in EAS is not technologically feasible; b) The telecommunications operator is unable to acquire any FCC waivers or exemption from licensing or other regulations that would prohibit participation in EAS; or c) The state or regional EAS planning committees determine that participation in EAS by the telecommunications operator is not necessary. 426.21. Permits. Subdivision 1. Required. Except as provided in subdivision 3, no person may erect, construct, place, re- erect, reconstruct or replace an antenna or tower in the city without first making application for and obtaining a permit therefor from the building official. Subd. 2. Information. The applicant for the permit shall provide at the time of application sufficient information to indicate that the erection, construction, placement, re- erection, reconstruction or replacement of an antenna or tower will not create a safety hazard or damage to the property of other persons. Subd. 3. Certification. Towers shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards of the Uniform Building Code and the Electronics Industry Association. Subd. 4. Exceptions. Permits are not required for the adjustment, repair or replacement of elements of the antenna or tower, provided such adjustment repair or replacement does not reduce the safety factor. 426.23. Construction. Subdivision 1. Wind. Towers with antennas shall be designed to withstand applicable wind load requirements as prescribed in the state building code. Subd. 2. Treatment. Towers shall be constructed of, or treated with, corrosive resistant material. Subd. 3. Climbing. A tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons. Subd. 4. Appurtenant structures. No antenna or tower shall have affixed or attached to it, in any way, any catwalk, crow's nest or like structure, except during periods of construction or repair. 426.25. Non - conforming installations. Subdivision 1. General rule. Antenna and towers in existence on November 1, 1996 which do not conform to or comply with this section may continue to exist for the purpose now used but may not be replaced or structurally altered except as provided in subdivision 2 without complying with this section. Subd. 2. Replacement. If a non - conforming tower or antenna is damaged or destroyed the tower or antenna may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with these regulations, provided, however, that the cost of repairing the tower to its former use, size or location does not exceed 50 percent of the cost of a new tower of like kind or quality. 426.27. Variances. The council may grant variances to the literal provisions of this section, except for Section 426.05, in the same manner and subject to the same requirements that apply to variances granted under section 546 of the zoning code. N _N D Mf1m F- D 0. 14TH AVE S 16TH AVE S 17TH AVE S 15TH AVE S C x2 m El z z DPROJECT 1' ` TITLE: 517E PLAN FLUOR DANIEL mar Daniel Inc. 3333 ul °nebon Drive Irvine. 97 97730 1 1.) ens —000 Pert: APT AMERICAN PORTABLE TELECOM w. p pAl.POnru C SGNID UY: SNENRY OQCeID Ern NO. 04463230 SITE NAME: RICHFIELD CHRISTIAN PARK RICHFIELD, MINNESOTA 6410 west Bryn Mowr .avenue Suite 1100 Chicago. Illinois 60631 312) 399 -4200 Fo. (312) 399 -070 8 lo-ii PER COMMUNITY COMMENTS SITE NO.: A 10039 A t9 -96 ISSUED FOR PROPOSAL sck: AS NOt[D IREVGATEDESCRIPTION ZW w 0 W I 0 C) r-? ¢OQ Z -V Owr r Q oaJ r a W a d a w dw 00 w r N° W zQ z LJ OzZQ. N ° W O z ° W O z O wzNCLaw 0 Z Q Q dQ ui a wm V QQ.° ws 0 N Z, Z W J 1 I as N i N I 1 1 o zwZ 1 r Wr W W 1 W= Z 1 0 M - z NmO V °Z U V U U w tJ V1 1 w V7 z W V) c.'Z wr = u p G ZZ Wz as U® i Wz a wZ U° w i wL, UO z~ z °a 1 z° Lna U° z z °z zz o ° i a wink-, U1 utZ O OrLn NO xw x0 1 xcr Q:z xOf wa w w wa as wa 1 1 i 1 O . 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OG ENGIVTEERING EXHIBIT HUNL .,v EXPOSURE TO RADIO- FREQUENCY EIIISSIONS FROM PERSONAL COMMUMCATIONS SERVICES FACILITIES A-tiIERICAN PORTABLE TELECOM NfINTN'E?,.P0LIS, MINNESOTA ENGINEERING STATEMENT t Alan R. Rosner, being first duly sworn, says that he is a senior engineer with Denny & Associates, P.C., consulting engineers with offices in Washington, D.C.; that he is a professional engineer registered in the District of Columbia and other jurisdictions; that he is familiar with the guidelines for human esvosure to electromagnetic emissions that have been adopted by the FCC; and that he has performed many power density calculations of the type presented herein. This statement has been prepared for American Portable Telecom (hereafter, APT), proponent for the construction of new Personal Communications Services (PCS) transmitting facilities near Minneapolis, Minnesota. This statement addresses the concerns of oublic extIosure to radio- frequency emissions from the new facilities. TY °ICI, FACILITIES PCS base station facilities as deployed by APT generally will consist of a tower or other supporting structure of a height between 100 feet and 150 feet above ground level.' Several antennas, used for transmission and reception of the PCS signals, will be mounted near the top of the tower. Transmitters and receivers for the system will be contained within an enclosure at the base of the tower. This analysis is based on specifications for a typical PCS facility provided to APT. the undersigned by DENNY ac ASSOCIATES, P.C. CONSULTING ENGINEERS WASHINGTON. OC Engineering Statement Page American Portable Telecom Minneapolis, Nlinnesota Taking into account PCS transmitter power output, transmission line loss, and antenna gain, the maximum effective radiated power (ERP) on any of the PCS channels typically will be 562 watts. ERP is a term used to quantify the amount of energy being transmitted from the antenna. ?>, fully configured PCS facility wa-mid have a ma -ximum complement of 6 transmitters. If all 6 transmitters were to be in simultaneous operation, the -ombined ERP from APT's PCS operation would be 3372 wa=. Base station transrricters for PCS facilities on channel Block B operate in the 1960 - megahertz to 1966 - megahertz frequency range. The exposure standard against which the typical operation will be evaluated is slightly more restrictive at lower frequencies in the PCS band. Therefore, to provide the most conservative estimate of exposure, all PCS transmitters will be assumed to be operating at 1950 megahertz. BACKGROLN'D The transmitting systems to be used at the site operate in the range of frequencies subject to FCC regulation. The operating, frequencies are all within the nonionizing portion of the frequency spectrum. In contrast to nonionizing radiation which, at high levels of exposure, results in tissue heating, ionizing radiation is characterized by energy levels that can cause mutation of cells by altering genetic information. Both X-rays and gamma rays are familiartD examples of ionizing radiation. Ionizing, radiation occurs at frequencies exceeding 1,000,000,000 megahertz. The charts of Figures 1 and 2 put the frequencies to be used by APT into perspective with ocher communications services and types of radiation. OcNNY tic ASSOCIATES, P.C. CONSULTING ENGINEERS WASHINGTON. DC Engineering Statement Page 3 American Portable Telecom Nfinneapolis, Minnesota Before proceeding with an analysis of a typical PCS installation, some background information on the physics of radio - frequency emissions may prove helpful. Emissions from an antenna project radially outward in all directions, and the power density, which is a measure of the exposure level, diminishes inversely with th squaxe of the distance between the source and the observer. For example, at a distance of four feet, the power density is one - quarter of that at a distance of two feet. At a distance of eight feet, the power density is one- quarter of that at four feet and one - sixteenth of the power density at two feet. Power density decreases rapidly as distance from an emitter increases due to this inverse geometric relationship between power density and distance. As part of its review process, the FCC examines the impact of proposals for new transmitting facilities on the environment. Pursuant to Section 24.52(a) of the FCC's Rules, PCS licensees are required to comply with the human exposure to emission levels established by the American National Standards Institute (A. Sl) in AaVSI /IEEE Standard for Safetv Levels with Respect to Human ExDosure to Radio Frequent-, Electromagnetic Fields. 3 kHz to 300 GHz) known as ANSIIIEEE C95.1 -1992 A_'NSIIIEEE C95.1 -1992 was prepared by a committee of about 125 participants. The committee included biologists, medical doctors, physiologists, medical statisticians and engineers from academia, government and industry, with industry participants being in the minority. In arriving at its conclusions of maximum permissible exposure (yIPE) to radio frequency fields, the scientific literature was reviewed and a determination made of the exposure level that appeared to be the threshold for the appearance of biological effects which might be harmful if exposure continued over a substantial period of time. An DE.NtVY & ASSOCIATES, P.C. CONSULTING ENGIN = =RS WASHINGTON. OC Engineering Statement Pave 4 American Pomable Telecom Nfinneapolis, Minnesota additional safety factor of 50 below the threshold level was applied for uncontrolled environments.' Recent federal leg-slation embodied in the Telecommunications Act of 1996 modifies S--ctiori 47 of the United States Code of Federal Regulation to include Section 332(c)( )(B)(i)(In(iv), which states: No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions. The subsequent analysis demonstrates that a proposed APT facility which operates within the constraints of the typical facility specified herein, will comply with regulations specified in Section 24.32(a) of the FCC Rules. ANALYSIS The o aph of Figure 3 demonstrates how predicted power density decreases rapidly as distance from the antenna increases. The analysis is based on an assumed PCS base station configured with the maximum complement of 6 PCS channels each operating with an ERP of 562 warts. Theo aph of Figure 3 shows that predicted power density levels fall below the RIPE for uncontrolled environments at a distance of approximately 32 feet from the antenna. Since AvSI/IEEE C95.1 -1992 defines uncontrolled environments as those locations where there is exposure of individuals who have no knowledge or control of their exposure. Some examples of an uncontrolled environment are a residence, a school, and a nursing home. Generally, the 1XPEs for uncontrolled environments are one -fifth the -MPEs for controlled environments. - DcVNY & A.SS0CIAT =S, F. C. CONSULTING ENGINEERS WASHINGTON. OC Engineering Statement American Portable Telecom Minneapolis, Minnesota Page nearly all of APT's PCS base station antennas will be isolated on a tower at least 100 feet above ground level, no risk exists to the public of exposure to power density levels even mildly approaching, the A-iSI NIPE level for controlled' or uncontrolled environments. Aqw- All calculations of power density were made using conservative assumptions. The actual exposure at the base of the tower would be signincantly less than described in the graph of Figure 3. Since the object of the PCS transmitting antennas is to relay intelligence to a receiving antenna located horizontally outward at some distance, the antennas are designed to concentrate energy into a relatively narrow range of angles above and below the horizontal plane. Typically, less than one -tench of the power is radiated downward. Additionally, channel usage will be optimized by employing directional or sector antennas. With a sector antenna, the transmitted signal is concentrated into one general horizontal direction from the tower. Several sector antennas allow coverage of the entire area encompassing the tower. To account for the possibility that exposure might be increased by ground reflection of the transmitted PCS signals, a factor of 1.o was included in the calculations as recommended by the Environmental Protection Agency. A_vSIl1EEE C.95.1 -1992 defines controlled environments as those locations where there is exposure that may be incurred by persons who are aware of the potential for exposure as a concomitant of employment, by other cognizant persons, or as the incidental result of transient passage through areas where analysis shows the exposure levels may be eater than the MPEs for uncontrolled environments, buc less than the NIPES for controlled environments. OZNNY & ASSOCIATES, P.C. CONSULTING ENGINEERS wASMINGTON, OC Engineering Statement Page 6 American Portable Telecom Minneapolis, Minnesota CONCLUSION Human exposure to radio - frequency emissions from a typical PCS facility of the type proposed by APT will be well below the MPE for uncontrolled environments in all areas accessible to the public, and thus will comply with FCC,.-agulations for human exmosure to radio - frequency emissions. Based on the current science, exposure to radio - frequency emissions below the MPE levels set forth in ANSI/IEEE C95.1 -1992 is believed to be safe for all. Alan R. Rosner, P.E. Subscribed and sworn to before me t!-.is 14th day of February, 1996. Alberta L. Loft is Notary Public, District of Columbia My commission expires June 14, 1998 Cosmic Rays Gamma Rays X Rays u z_ N_ Mtraviolet z Visible Light 2QWL Infrared Personal Communications Services (PCS) Cellular & SiMR TV Channels 7 -69 FM Broadcast TV Channels 2 -6 Citizens Band Radio (CB) AM Broadcast Electric Power Jenny & Assaciates, P.C. Consulting Engineers 100,000 THz 10,000 THz 1,000 THz 100 THz 10 THz 1,000 GHz = 1 THz 100 GHz 10 GHz 1,000 NlHz = 1 GHz 100 MHz 10 MHz 1,000 kHz = 1 MHz 100 kHz 10 kHz 1,000 Hz = 1 kHz 100 Hz 10 Hz 0 500 Land Mobile Public Safety Satellite Amateur TV Channels 7 - 13 0,000 MHz 9000 Aviation Public Safety Land Mobile 8000 100 MHz 90 Fri i 7000 Microwave Relay 80 70 6000 Broadcast Auxiliaries Amateur 6000 Satellite Radar 4000 3000 PCs 2000 MHz Radar Microwave Relay Satellite Land Mobile Public Safety 1000 MHz Cellular 900 800 700 N Channels 14 - 69 ann 500 Land Mobile Public Safety Satellite Amateur TV Channels 7 - 13 200 Aviation Public Safety Land Mobile Amateur 100 MHz 90 Fri i 80 70TVChannels2 - a 0 Shortwave Broadcasting 40Amateur Land Mobile ca Aviation 30 20 Dean-y- &- Asscdates; -P.C. - -- Car-suiting Engineers LIO MHz I cu N i cu Q i C Cn I a E >_ Q ,0 I U., CQ I V _ U an O CL Q Q 2 V X 47 W I Nf i if O Q 3ca o U CV c4 Q I I LL ( O O O O O O O O r- O ZUl:O/MW ana-1 ainsodx3 pale(n'teo O e-• Q - f=igure 3 0 r O Q O cn CN 0 4 F O O r 0 a) O Q 6L .. 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Oti V C R n O tn O Q O O N C r J O O U H R U O N H Q 0 Item: #2 Agenda Section: New Business PC Letter: #15 Date: October 29, 1996 GENERAL INFORMATION Subject: The Richfield Housing and Redevelopment Authority (HRA) requests that the Planning Commission consider a resolution finding that a proposed modification to the Richfield Redevelopment Project Area Redevelopment Plan is consistent with the Comprehensive Plan Type of Request: Consideration that the Richfield Redevelopment Project Area Redevelopment Plan complies with the Comprehensive Plan, and approval of a resolution finding the same. References: Chapter 462 of Minnesota State Statute requires the Planning Commission to review redevelopment plans for consistency with the Comprehensive Plan. Attachment A -- Modifications to the Redevelopment Plan for the Richfield Project Area and Modifications to the LHN Commercial Improvement Program for the LHN Redevelopment Project Area BACKGROUND Purpose: Approval of the attached resolution would allow, subject to Council approval, modification of a redevelopment plan and project area. The modification would facilitate the sale of taxable revenue bonds to fund future redevelopment opportunities. Public Notice: Not required for a finding of this type. City Council: A public hearing is scheduled for November 25, 1996. ANALYSIS Proposal: During the next legislative session, the Legislature may prohibit tax increment plan modifications that allow the reprogramming of tax increment resources. Richfield could lose $4 million in present value resources for redevelopment activities by the•year 2002 if these changes are made. On July 1, 1996 the City Council and Housing and Redevelopment Authority directed staff to explore the option of selling taxable revenue bonds. Selling bonds would obligate future tax increment resources to housing and commercial development opportunities. On October 21, the HRA approved the Plan Modification (the sale of taxable revenue bonds) subject to the Planning Commission's finding of consistency. Future tax increments from the Interstate - Lyndale - Nicollet (ILN) and Lyndale- HUB-Nicollet (LHN) tax increment districts would be pledged to the bonds. This modification does not create any new Tax Increment Financing Districts and does not increase the geographic size of any Tax Increment Financing District; therefore, there are no additional fiscal implications that affect taxing jurisdictions. RECOMMENDATION Recommended Action: Preferred: Adopt the attached resolution which makes a finding that the modification of the Redevelopment Plan for the Richfield Redevelopment Project Area is consistent with the Comprehensive Plan. Basis: 1. The Planning Commission is required to review the Plan Modification to determine consistency with the Comprehensive Plan. 2. The plan modification commits resources to a variety of programs and activities undertaken to renew Richfield, a goal that is consistent with the Comprehensive Plan. 3. The City's financial consultant and Legal Counsel have completed a thorough analysis of options to preserve these resources and have determined that taxable revenue bonds issued by the City is a prudent strategy. 4. The modification does not create any new districts and does not increase the size of any existing district; therefore, there are no additional fiscal implications that affect taxing jurisdictions. 5. The City's financial consultant and Legal Counsel have reviewed the related documents and found them to be in compliance with existing laws. Alternative: Find that the Plan is not consistent with the Comprehensive Plan; however, this finding would appear to require amending the Comprehensive Plan. RESOLUTION NO. RESOLUTION FINDING THE MODIFIED REDEVELOPMENT PLAN FOR THE RICHFIELD REDEVELOPMENT PROJECT AREA AND THE MODIFIED TAX INCREMENT FINANCING PLANS FOR THE LHN AND ILN TAX INCREMENT FINANCING DISTRICTS TO BE CONSISTENT WITH THE PLANS OF THE CITY WHEREAS, the City Council for the City of Richfield has proposed to modify the Redevelopment Plan for the Richfield Redevelopment Project Area and to modify the Tax Increment Financing Plans for the LHN and ILN Tax Increment Financing Districts collectively, the "Plans") and has submitted the Plans to the Richfield Planning Commission pursuant to Minnesota Statutes, Section 469.175, Subdivision 3, and WHEREAS, the Planning Commission has reviewed the Plans to determine their consistency with the plans for the development of the City. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that the Plans are consistent with the general plans for the development and redevelopment of the City of Richfield and the Commission hereby recommends their approval to the City Council. Adopted this 29th day of October, 1996. Daniel M. Linnihan, Chair ATTEST: Timothy Erlander, Secretary Draft as of October 23, 1996 Draft for Planning Commission Review MODIFICATIONS TO THE REDEVELOPMENT PLAN FOR,THE RICHFIELD REDEVELOPMENT PROJECT AREA AND t MODIFICATIONS TO THE LHN COMMERCIAL IMPROVEMENT PROGRAM FOR THE LHN REDEVELOPMENT PROJECT AREA INCLUDING THE TAX INCREMENT FINANCING PLAN FOR THE LHN TAX INCREMENT FINANCING DISTRICT AND MODIFICATIONS TO THE ILN REDEVELOPMENT PLAN FOR THE ILN REDEVELOPMENT PROJECT AREA INCLUDING THE TAX INCREMENT FINANCING PLAN FOR ILN TAX INCREMENT FINANCING DISTRICT Housing and Redevelopment Authority in and for the City of Richfield Hennepin County City of Richfield, Minnesota HRA Adoption: October 21, 1996 City Council Public Hearing: November 25, 1996 City Council Adoption: Prepared by: PUBLICORP, INC. in association with EHLERS AND ASSOCIATES, INC. 2950 Norwest Center 90 South Seventh Street Minneapolis, MN 55402 -4100 612) 339 -8291 TABLE OF CONTENTS provided for references purposes only) Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area ............. ............................... Page 1 Introduction ..................... Page 1 Statement of Public Purpose ..................... ............................... Page 1 Statutory Authority ............................. ............................... Pagel Statement of Goals and Objectives ................ ............................... Page I Estimated Public Costs ......................... ............................... Page 1 Boundary of the Richfield Project Area, Parcels in Acquisition, and Legal Description ....... Page 1 Modification No.8 to LHN Commercial Improvement Program for the'LHN Redevelopment Project Area ............. ............................... Page 2 Introduction .................................. ............................... Page 2 Statutory Authority Statement .................... ............................... Page 2 Map of Project Area, List of Parcels, and Legal Description ............................ Page 2 Public Purpose Statement ......... ............................... I ......... I ... Page 2 Statement of Goals and Objectives ................ ............................... Page 2 Public Costs and Financing ...................... ............................... Page 2 Modification No. 5 to Redevelopment Plan for ILN Redevelopment Project Area and Modification No. 5 to Tax Increment Financing Plan for ILN Tax Increment Financing Distinct Page 3 Introduction .................................. ............................... Page 3 Modification No. 5 - Redevelopment Plan for ILN Redevelopment Project Area ............... Page 3 Statutory Authority Statement .................... ............................... Page 3 Map of Project Area List of Parcels. and Legal Description ............................ Page 3 Public Purpose Statement ....................... ............................... Page 3 Statement of Goals and Objectives ................ ............................... Page 3 Modification No. 5 - Tax Increment Financing Plan for ILN Tax Increment Financing District .... Page 4 Statement of Goals and Objectives ................................................ Page 4 Estimated Project Costs ......................... ............................... Page 4 Properties to be Included in the Tax Increment Financing District ....................... Page 4 APPENDIX A Map and Description of Richfield Redevelopment Project APPENDIX B Maps of ILN and LHN Tax Increment Financing Districts Modification to the Redevelopment Plan for the Richfield Redevelopment Project Area October 21, 1996 Introduction The following text represents a modification to the Redevelopment Plan for the Richfield Redevelopment Project Area. The modified Redevelopment Plan represents a continuation of the goals and objectives set forth in the original Plan. Generally, the substantive changes include the authority to spend tax increments generated from the HRA's LHN Tax Increment Financing District and ILN Tax Increment Financing District in the Richfield Redevelopment Project Area, specifically towards the sale of bonds. For further information, a review of the Redevelopment Plan for Richfield Redevelopment Project Area dated June 14, 1993 is recommended. Statement of Public Puraose See also the Statement of Public Purpose found in Section B of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. Statutory Authority See also the Statutory Authority found in Section C of the Redevelopment Plan for the Richfield Redevelopment Project Area, dated June 14, 1993. Statement of Goals and Obiec1 tives Additional goals and objectives can be found in Section D of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. Estimated Public Costs This modification authorizes the HRA to expend tax increment from the ILN Tax Increment Financing District and the LHN Redevelopment Project Area and Tax Increment Financing District for qualified activities identified in the budget of any of the Tax Increment Financing Districts and the Richfield Redevelopment Project Area. The HRA is requesting authority to issue bonds at this time, in an amount not to exceed 6,000,000 and for uses including land acquisition, demolition, relocation, public improvements, site improvements and other qualified costs. Boundary of the Richfield Project Area, Parcels in Acquisition, and Legal Description The boundary for Richfield Redevelopment Project Area is not being modified. References to the area in which tax increments may be expended can be found Appendix A and Appendix B of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993, and attached hereto for convenience of reference. Page 1 Modification No. 8 to LHN Commercial Improvement Program for the LHN Redevelopment Project Area including the LHN Tax Increment Financing District) October 21, 1996 Introduction The following text represents a modification to the LHN Commercial Improvement Program for the LHN Redevelopment Project Area to include references to the Redevelopment Plan for the Richfield Redevelopment ProjectArea..The modified Commercial Improvement Program represents a continuation of the goals and objectives set forth in the original Program. Generally, the substantive changes include the authority to spend tax increments generated from the HRA's LHN Tax Increment Financing District and ILN Tax Increment Financing District in the Richfield Redevelopment Project Area, specifically towards the sale of bonds. For further information, a review of the Redevelopment Plan for Richfield Redevelopment Project Area dated October 21, 1996 and the Commercial Improvement Program for the LHN Redevelopment Project Area originally dated October 15, 1975 and last modified on October 21, 1996 is recommended. Statutory Authority Statement See also the Statutory Authority found in Section C of the Redevelopment Plan for the Richfield Redevelopment Project Area, dated June 14, 1993. Map of Project Area, List of Parcels, and Legal Description The boundary for LHN Redevelopment Project Area is not being modified. References to the area in which tax increments may be expended can be found Appendix A and Appendix B of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. Public Purpose Statement See also the Statement of Public Purpose found in Section B of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. Statement of Goals and Objectives Additional goals and objectives can be found in Section D of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. Public Costs and Financing This modification authorizes the HRA to expend tax increment from the LHN Redevelopment Project Area and Tax Increment Financing District for qualified activities identified in the budget of any of the Tax Increment Financing Districts and the Richfield Redevelopment Project Area. Page 2 Modification No. 5 to Redevelopment Plan for ILN Redevelopment Project Area and Modification No. 5 to Tax Increment Financing Plan for ILN Tax Increment Financing Distinct June 14, 1993 Introduction The following text represents a modification to the Redevelopment Plan for the ILN Redevelopment Project Area and the Tax Increment Financing Plan for the ILN Tax Increment Financing District to include references to the Redevelopment Plan for Richfield Redevelopment Project Area. The modifications to the ILN Redevelopment Plan and ILN Tax Increment Financing Plan represent a continuation of the goals and objectives set forth in the original Redevelopment Plan and Tax Increment Financing Plan. Generally, the substantive changes include the authority to spend tax increments generated from the HRA's LHN Tax Increment Financing District and ILN Tax Increment Financing District in the Richfield Redevelopment Project Area, specifically towards the sale of bonds. For further information, a review of the Redevelopment Plan for Richfield Redevelopment Project Area dated October 21, 1996 and the Redevelopment Plan for the ILN Redevelopment Project Area and Tax Increment Financing Plan for the ILN Tax Increment Financing District dated October 21, 1985 and September 18, 1989 is recommended. Modification No. 5 Redevelopment Plan for ILN Redevelopment Protect Area Statutory Authority Statement See also the Statutory Authority found in Section C of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. Map of Proiect Area List of Parcels. and Legal Description The boundary for ILN Redevelopment Project Area is not being modified. References to the area in which tax increments may be expended can be found Appendix A and Appendix B of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. Public Purpose Statement See also the Statement of Public purpose found in Section B of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. Statement of Goals and Objectives Additional goals and objectives can be found in Section D of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. Page 33 Modification No. 5 Tax Increment Financing Plan for ILN Tax Increment Financing District Statement of Goals and Objectives See also the Statement of Goals and Objectives found in Section D of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. Estimated Projcect Costs This modification authorizes the HRA to expend tax increment from the ILN Tax Increment Financing District for. qualified activities identified in the budget of any of the Tax Increment Financing Districts and the Richfield Redevelopment Project Area Properties to be Included in the Tax Increment Financing District The boundary for ILN Tax Increment Financing District is not being modified. References to the area in which tax increments may be expended can be found Appendix A and Appendix B of the Redevelopment Plan for Richfield Redevelopment Project Area, dated June 14, 1993. Page 4 APPENDIX A Map and Description of Richfield Redevelopment Project Area Legal Description of Richfield Redevelopment Project Area Boundary Starting at the intersection of the Richfield west city line and 66th Street, following east on 66th Street to Queen Avenue, thence north to 65th Street, thence west to the rear lot lines of the properties on the east side of Russell Avenue, thence north on said rear property lines to the north city line, thence east to Lyndale Avenue, thence south to 63rd Street, thence east to Harriet Avenue, thence south to 64 '/2 Street, thence continuing south on the property line between lots 4 and 5, Block 6, Lyndale Oaks Subdivision to the south line of said subdivision, which is also the north line of Hauser's Second Addition. Thence continuing east on said line and as extended to Pillsbury Avenue, thence north on Pillsbury Avenue to the south line of Block 6, Rearrangement of Nicollet Homes Second Addition, thence east on said line to the rear lot line of the lots in Block 8 of said addition, between Blaisdell and Nicollet Avenues, thence north on said line to 64th Street to the rear lot line of the lots in Block 8, Town's Edge Subdivision, thence south to 65th Street, following the east edge of First Federal Richfield Addition. Thence continuing east on 65th Street to First Avenue, thence south to 66th Street, thence east to 11th Avenue, thence north to the north city line, thence east to Bloomington Avenue, thence south to 63rd Street, thence east to 16th Avenue, thence south to the south border of Taft Park, thence east to 18th Avenue, thence south to the intersection of the northerly lot line of Lot 10, Block 1, Wexler's Addition and 18th Avenue South, thence in a lone along said northerly lot line as extended to the west right -of -way line Cedar Avenue, thence west along said line to the west line of said lot, thence north to the south right -of -way line vacated 67th Street. Thence west to 18th Avenue, thence south to Diagonal Boulevard, thence east along the centerline of said boulevard, extended to T.H. 77, thence south to the south city line, thence west to Know Avenue, thence north to the north line of Registered Land Survey #1037, thence east to Interstate 35W, thence north to 73rd Street, thence west to Penn Avenue, thence south to 74th Street, thence west to Sheridan Avenue, thence south to 76th Street, thence east to Penn Avenue, thence south to the north Frontage Road of Interstate I -494, thence west to Thomas Avenue, thence north to 76th Street, thence west to the west city line, thence north to the point of beginning at 66th Street. w LQ r U W w Q F- Z W 0 W W 0 WN 7'L 0 W LL z U w i + MSIOX.li ? - ru r•I on].prn L ull I 1 M019hIw0IIi - ICI ' 11 I I u U r 11 i 1 a 1' 101117 ' e 00.71,7 II V fnrwn107 O..IY.p I I OX.1lY0. -- 1.I I I S M]A71i I! Irl r_ I A. 17110]'. ... 1170f1.1p 1111 •' ^: 1Ynrf114 O.— Irl II I 11 171YY., i 1 0,71. r.O III 7A. 1M.lYi T1 ir„03 x.11 MOf Y7M7 y.0'SIIII — OY.Y19 _' JolOrwn, 9.IA.1 IC xlw.r IC L h.00, C 9YOw 01.7. I- Y7AI10 ` llne 1,)Sfnr 0'x1.9 f.1Xi II JLLCY01 .n 1w 13.IA 4Ynf.f.. r 4 3 yxo — u lu AAAI y019XrXOC10 1 1 101,17 09t JIM] Sn.wnlO7 Y.. 7w. OY.1y.OY 1 o1Yla I sw]wlys 7A. 1711O3IM 11705. "s I U Yn f111. 1..5.71. 1 171Yr., 0171,:.0 71x0.11 w31Y0,Y I 1XO.np YOSbjl -3 10100"" 0 -YI 57—r ipww y +1111 M.OYOw IM : 7A. ,.I. 33n0 117sSnY OIY7MS fr.lawy II,I XOl n 1473:1 - YYn9 Yi.. A. S7i Y3. Ql N Q Wm O F- V O U h n U O c r 0. N 0 W z aLLJ W U W Z W x Q APPENDIX B Maps of ILN and LHN Tax Increment Financing Districts A 1-M AVE [IRKS AVE S.&U ::: . - -.— JL— Li It= VINCE.? UP RUSSELL r "VISE L i out[.: WEE. PC.. AVE. OLIVE OLIVER IN'TO: INTO. ORO. r LOGA: 7=— L Z Z U.BOLO 2 CID 01"ONT ------ r-7 0 0 c— W T Xt:: DUPONT COLF-- 0 LuU) ALORIC, LTNOALK AVE m CANFIELD M.CT XGRAND X PLEAS—? PLEASANT I nLLSeu -Twk."au WENTWORTk X., SLAISDILL GLAISOELL • M.COLLrT AVE. NICOLL" AVE STEVENS VKPIS Hit CLI. To. z I PORTLAND -Y C. PORTLAND AVE. CARL.— CoL,,.&US COL..*Us ELLIOT LUDT I esmrlMGTd At. CEO. AVE i CXDA:,Avt LONG UA- I T ca mm Mr) 374.015. 0 D m 0 S n m Tv M 0 m m 1171 0 M Z M 0 c- m 0 X m