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2017 10-25 Planning Commissin Meeting 2
D. Projected Traffic Volumes Traffic forecasts were prepared for the year 2018 which is the year after the proposed site would be fully developed and for the 2040 conditions which represents the City's Comprehensive Plan development time frame. The traffic forecasts were prepared by adding the projected annual background traffic growth and the projected non-development traffic growth to the existing traffic counts to determine the "No-Build"traffic conditions.The anticipated Southdale Center Shake Shack traffic was then added to the no-build to determine the"Build" traffic conditions.Figures 5-10 in the Appendix shows the projected PM peak hour traffic volumes for the 2018 no-build, 2018 build and 2040 build conditions. SOUTHDALE CENTER-SHAKE SHACK 10/13/2017 CITY OF EDINA WSB PROJECT NO. 10948-00 A S-0 0 PAGE 13 TRAFFIC IMPACT ANALYSIS Existing and/or forecasted traffic operations were evaluated for the intersections and driveways adjacent to the Southdale Center on France Avenue and 66th Street.The analysis was conducted for the following scenarios. 1. Existing 2016 Conditions 2. Projected 2018 No Build 3. Projected 2018 Build 4. Projected 2040 Build This section describes the methodology used to assess the operations and provides a summary of traffic operations for each scenario. A. Methodology The traffic operations analysis is derived from established methodologies documented in the Highway Capacity Manual 2000 (HCM).The HCM provides a series of analysis techniques that are used to evaluate traffic operations. Intersections are given a Level of Service (LOS) grade from"A"to "F"to describe the average amount of control delay per vehicle as defined in the HCM.The LOS is primarily a function of peak traffic hour turning movement volumes,intersection lane configuration,and the traffic controls at the intersection. LOS A is the best traffic operating condition,and drivers experience minimal delay at an intersection operating at that level. LOS E represents the condition where the intersection is at capacity,and some drivers may have to wait through more than one green phase to make it through an intersection controlled by traffic signals. LOS F represents a condition where there is more traffic than can be handled by the intersection,and many vehicle operators may have to wait through more than one green phase to make it through the intersection.At a stop sign-controlled intersection, LOS F would be characterized by exceptionally long vehicle queues on each approach at an all-way stop,or long queues and/or great difficulty in finding an acceptable gap for drivers on the minor legs at a through-street intersection. The LOS ranges for both signalized and un-signalized intersections are shown in Figure 11. The threshold LOS values for un-signalized intersections are slightly less than for signalized intersections.This variance was instituted because drivers' expectations at intersections differ with the type of traffic control.A given LOS can be altered by increasing(or decreasing)the number of lanes,changing traffic control arrangements, adjusting the timing at signalized intersections, or other lesser geometric improvements. LOS also changes as traffic volumes increase or decrease. SOUTHDALE CENTER-SHAKE SHACK 10/13/2017 CITY OF EDINA WSB PROJECT NO. 10948-00 dSPI PAGE 14 Figure 11 -Level of Service Ranges for Signalized and Un-signalized Intersections a m N 80 0 a U LOSE 11111 u � m` 55 ° c c 50 U LOS D > LOS E 2. 35 m 35 -- ----• LOS C a LOS D a ° 25 u 20 •o LOS C rn LOS B 15 LOS B U 10 10 LOSA LOSA Z Signalized Intersection Unsignalized Intersection SOURCE:Level of Service thresholds from the Highway Capacity Manual,2000. LOS,as described above,can also be determined for the individual legs (sometimes referred to as "approaches") or lanes (turn lanes in particular) of an intersection. It should be noted that a LOS E or F might be acceptable or justified in those cases where a leg(s) or lane(s) has a very low traffic volume as compared to the volume on the other legs. For example,improving LOS on such low-volume legs by converting a two-way stop condition to an all-way stop,or adjusting timing at a signalized intersection,could result in a significant penalty for the many drivers on the major road while benefiting the few on the minor road.Also,geometric improvements on minor legs,such as additional lanes or longer turn lanes, could have limited positive effects and might be prohibitive in terms of benefit to cost. Although LOS A represents the best possible level of traffic flow,the cost to construct roadways and intersection to such a high standard often exceeds the benefit to the user. Funding availability might also lead to acceptance of intersection or roadway designs with a lower LOS. LOS D is generally accepted as the lowest acceptable level in urban areas. LOS C is often considered to be the desirable minimum level for rural areas. LOS D or E may be acceptable for limited durations or distances,or for very low-volume legs of some intersections. The LOS analysis was performed using Synchro/SimTraffic: • Synchro, a software package that implements Highway Capacity Manual (HCM) methodologies,was used to build each signalized intersection and provide an input database for turning-movement volumes,lane geometrics, and signal design and timing characteristics. In addition,Synchro was used to optimize signal timing parameters for future conditions. Output from Synchro is transferred to SimTraffic,the traffic simulation model. SOUTHDALE CENTER-SHAKE SHACK 10/13/2017 CITY OF EDINA WSB PROJECT NO. 10948-00 5-?\ PAGE 15 • SimTraffic is a micro-simulation computer modeling software that simulates each individual vehicle's characteristics and driver behavior in response to traffic volumes, intersection configuration,and signal operations. The model simulates drivers'behaviors and responses to surrounding traffic flow as well as different vehicle types and speeds. It outputs estimated vehicle delay and queue lengths at each intersection being analyzed. B. Existing Level of Service Summary Table 3,below,summarizes the existing LOS at the primary external and internal roadway intersections in the study area based on the current lane geometry,traffic control and existing traffic volumes.The table shows that all intersection and driveways are operating at an overall LOS D or better during the PM peak hour. However,there are some turn movements at LOS E including: • Westbound left from 69th Street to France Avenue • Southbound left from France Avenue to Southdale Entrance • Westbound right from Southdale Exit to France Avenue • Eastbound left from 66th Street to France Avenue • Southbound left from France Avenue to 66th Street • Westbound left from 66th Street to York Avenue Table 3-Existing Level of Service Summary PM Peak Hour Intersection LOS Delay (sec/veh) France Ave at 69th St C (E) 30 France Ave at Southdale Entrance A(E) 9 France Ave at Southdale Exit B (E) 15 France Ave at 66th St D (E) 37 66th St at Southdale West Right-In A(A) 1 66th St at Drew Ave/Southdale Entrance B (C) 14 66th St at Southdale Exit B (B) 10 66th St at Barrie Rd/Firestone Right-In Access. A(A) 2 66th St at Firestone Right-Out Access A(A) 1 66th St at York Ave C (E) 34 Ring Road at North Exit to France Ave A(C) 5 Ring Road at Macy's Parking Ramp Access A(A) 1 Ring Road at West Right-In from 66th St A(A) 1 Ring Road at Entrance at from 66th St A(A) 2 Ring Road at Exit to 66th St A(B) 4 C= Overall LOS, (D) =Worst movement LOS Source:WSB&Associates, Inc. SOUTHDALE CENTER-SHAKE SHACK 10/13/2017 CITY OF EDINA WSB PROJECT NO. 10948-00 Jl[-5 PAGE 16 C, Forecasted Traffic Operations A capacity and LOS analysis was completed for the study area intersections for 2018 which is the year after the proposed site would be fully developed and for the 2040 conditions which represents the City's Comprehensive Plan development time frame. The results of the analysis are discussed below and shown in Tables 4 and 5. Table 4-Forecasted No-Build,shows that all intersection will continue to operate at overall LOS D or better in 2018 during the PM peak hour with overall delays increasing slightly. However,similar to the existing conditions some movements will be operating at LOS E including: • Westbound left from 69th Street to France Avenue • Southbound left from France Avenue to Southdale Entrance • Westbound right from Southdale Exit to France Avenue • Eastbound left from Development Driveway to France Avenue • Eastbound left from 66th Street to France Avenue • Southbound left from France Avenue to 66th Street • Westbound left from 66th Street to York Avenue • Northbound left from York Avenue to 66th Street Table 4-Forecasted 2018 No Build-Level of Service Summary 2018 PM Peak Hour Intersection LOS Delay(sec/veh) France Ave at 69th St C (E) 34 France Ave at Southdale Entrance A(E) 9 France Ave at Southdale Exit B (E) 15 France Ave at 66th St D (E) 39 66th St at Southdale West Right-In A(A) 1 66th St at Drew Ave/Southdale Entrance B (C) 15 66th Stat Southdale Exit B (B) 11 66th St at Barrie Rd/Firestone Right-In Access. A(A) 2 66th St at Firestone Right-Out Access A(A) 1 66th St at York Ave D (E) 36 Ring Road at North Exit to France Ave A(C) 5 Ring Road at Macy's Parking Ramp Access A(A) 1 Ring Road at West Right-In from 66th St A(A) 1 Ring Road at Entrance at from 66th St A(A) 2 Ring Road at Exit to 66th St A(B) 4 C= Overall LOS, (D) =Worst movement LOS Source:WSB &Associates, Inc. SOUTHDALE CENTER-SHAKE SHACK 10/13/2017 CITY OF EDINA WSB PROJECT NO. 10948-00 51- PAGE 17 Table 5-Forecasted Build,shows that,assuming the proposed Southdale Center Shake Shack development,all intersection would continue to operate at overall LOS D or better in 2018 and 2040 during PM peak hour. Overall LOS and delays do not show any significant changes from the no-build condition.As indicated with the existing conditions and no-build conditions some movements will continue to operate at LOS E in both 2018 and 2040 including: • Westbound left from 69th Street to France Avenue • Southbound left from France Avenue to Southdale Entrance • Westbound right from Southdale Exit to France Avenue • Eastbound left from Development Driveway to France Avenue • Eastbound left from 66th Street to France Avenue • Southbound left from France Avenue to 66th Street • Westbound left from 66th Street to York Avenue • Eastbound left from 66th Street to York Avenue • Northbound left from York Avenue to 66th Street Table 5-Forecasted Build-Level of Service Summary 2018 PM Peak Hr 2040 PM Peak Hr Intersection LOS Delay LOS Delay (sec/veh) (sec/veh) France Ave at 69th St D (E) 36 D (E) 40 France Ave at Southdale Entrance B (E) 12 C (E) 22 France Ave at Southdale Exit B (E) 18 C (E) 26 France Ave at 66th St D (E) 42 D (E) 46 66th St at Southdale West Right-In A(A) 2 A(B) 6 66th St at Drew Ave/Southdale Entrance B (C) 17 C (C)" 22 66th St at Southdale Exit B (B) 13 B (B) 18 66th St at Barrie Rd/Firestone Right-In Access A(A) 2 A(B) 5 66th St at Firestone Right-Out Access A(A) 1 A(B) 6 66th St at York Ave D (E) 37 D (E) 44 Ring Road at No Exit to France Ave B (C) 10 B (C) 11 Ring Road at Macy's Parking Ramp Access A(A) 3 A(A) 3 Ring Road at West Right-In from 66th St A(A) 2 A(A) 3 Ring Road at Entrance at from 66th St A(B) 4 A(B) 5 Ring Road at Exit to 66th St A(B) 6 A(B) 7 C= Overall LOS, (D) =Worst movement LOS Source:WSB &Associates, Inc. SOUTHDALE CENTER-SHAKE SHACK 10/13/2017 CITY OF EDINA WSB PROJECT NO. 10948-00 PAGE 18 MULTI MODAL REVIEW/ANALYSIS A. Pedestrian/Bike System Chapter 7 of the City's current 2008 Comprehensive Plan addresses locations of proposed sidewalk and bicycle facilities and funding options within the City. The City of Edina is committed to providing a comprehensive and coordinated pedestrian network that provides transportation as well as recreational value. Currently adjacent to the Southdale Center several sidewalks are provided. Existing or future sidewalks are identified on both sides of all the roadways surrounding Southdale Center. In addition,the following bicycle routes are identified adjacent to Southdale Center: Primary Routes: • 69th Street from Xerxes to France Avenue • North/south route connecting the Promenade at 70th Street through the Galleria across 69th Street,through Southdale Center to 66th Street, with a connection to the Southdale Transit Center • 66th Street from north/south route through Southdale Center to Valley View Road Secondary Routes: • France Avenue from Bloomington City limit to 62nd Street, adjacent to Southdale Center • York Avenue from Bloomington City limit to Minneapolis City limit adjacent to Southdale Center • 66th Street from north/south Primary route east to Richfield City limit Currently within the Southdale Center a network of sidewalks with marked crosswalks provides access from the center through the parking lots to the supporting local sidewalk and bicycle facilities. The proposed Southdale Center Shake Shake development will provide a sidewalk system around development area.These sidewalks will connect to the in place Southdale Center sidewalk system and the City's local sidewalk and bicycle system facilities.This will provide multi-modal opportunities and options for Southdale Center employees and patrons. SOUTHDALE CENTER-SHAKE SHACK 10/13/2017 CITY OF EDINA WSB PROJECT NO. 10948-00 PAGE 19 B. Transit System In 2014 Metro Transit opened the Southdale Transit Center and Park&Ride facility. The Transit Center is located southwest of the York Avenue and 66th Street intersection, on the east side of Southdale Center near the entrance to JC Penney.The site includes 70 surface Park&Ride parking spaces,with overflow parking for additional vehicles east of the Southdale Center ring road. Transit service is provided to the center from 8 primary routes including: • Route 6-to Minneapolis (urban local) • Route 515 -to Bloomington, 66th Street Richfield, METRO Blue Line (VA Medical Center, Mall of America) • Route 537-to Bloomington, Normandale College • Route 538 -to south Bloomington, METRO Blue Line (Mall of America) • Route 578 -to Minneapolis (express) • Route 579 -to U of M (express) • Route 684-to Minneapolis, Eden Praire, Chanhassen and Chaska (SouthWest Transit) • Route 694-to Eden Praire,Chaska,Normandale College, Richfield (SouthWest Transit) The proposed Southdale Center Shake Shake development will provide a sidewalk system that will provide access to the Transit Center.This will provide the employees and patrons to Southdale Center the opportunity to utilize transit services as a mutli- modal option. SOUTHDALE CENTER-SHAKE SHACK 10/13/2017 CITY OF EDINA WSB PROJECT NO. 10948-00 4 C 7 PAGE 20 PARKING DEMAND ANALYSIS The parking impacts associated with the addition of the proposed Southdale Center Shake Shack development on the existing Southdale Shopping Center site was analyzed.The analysis is based on the proposed changes in uses on the Southdale Center site including removing the existing parking at the proposed location for the development; adding the proposed parking associated with the proposed development,and removing parking associated with the proposed ring road modifications. In June of 2017 the City approved the development of the Restoration Hardware and JC Penney building redevelopment projects.With that approval, a Parking Study was completed. Based on the analysis 6026 total parking spaces would be provided.This included: 5,555 spaces on the Southdale Center site; 342 spaces on the Southdale One residential site,and; 129 spaces on the Southdale Hotel site.Based on City Code the site needs 6,955 total spaces requiring a variance for 929 spaces,which was granted with the Southdale Center Restoration Hardware project approval. The approved parking conditions from the June 2017 Parking Study was assumed as the base for the analysis of the proposed Southdale Center Shake Shack development project. Table 6 below shows a summary of the approved conditions from the June 2017 Parking Study,parking required based on City Code with the proposed Southdale Shake Shack development and,the estimated parking needs based on accepted parking generation studies. Table 6 -Site Parking Summary Approved June 2017 Parking Study Parking Parking Use Development Parking from Approved from City Demand Size City Code Parking Code from ITE Southdale Retail 1,202,674 sf 6063 6063 481411) Southdale Theater 3447 Seats 345 6063 345 Restoration Hardware 62,000 sf 155 155 233 Apartment Development 232 units 232 342 232 299 Hotel Development 160 Rooms 160 129 160 129 Shake Shack 3,830 sf, Development 134 seats/10 NA NA 55(3) 63 employees Total Parking Spaces 6955 6026 7010 5538 Total Parking Spaces 6026 5872(2) 5872 Provided Parking Variance 929 929 1138 Not Required (1)—Includes mall restaurants and theater. (2)-Existing parking 6026—stalls added with Shake Shack 100-removed for Shake Shack 161 and site circulation changes 93=5872 (3)—Assumes 1 space per 3 seats+ 1 space per peak shift employees SOUTHDALE CENTER-SHAKE SHACK 10/13/2017 CITY OF EDINA WSB PROJECT NO. 10948-00 Acl PAGE 21 As indicated in Table 6,the parking provided on the Southdale Center site based on the approved June 2017 Parking Study is 6026 spaces with a parking variance for 929 spaces. With the proposed Southdale Center Shake Shack development and ring road modifications a total of 254 existing spaces will be removed and 100 spaces will be added on the site.This leaves a total of 5872 spaces,which would require a parking variance for 1138 spaces. In addition,the anticipated parking demand for the site was determined.The parking generation rates used to estimate the parking demand was based on surveys of the parking generation for other similar land uses as documented in the Institute of Transportation Engineers Parking Generation Manual, 4th Edition. Table 6 also shows the results of the parking demand analysis. It should be noted that the parking generation rates used for the Southdale Center was based on a shopping center use which includes the restaurant and theater uses within the mall.The rates used were based on: • Shopping center-Peak weekend (Friday or Saturday) in December • Restoration Hardware- Peak weekend (Friday or Saturday) in December • Apartment Development- 100 % occupied • Hotel Development- 100 %occupied • Proposed Shake Shack Restaurant Development- Peak weekend (Friday and Saturday) in December These rates represent a worst-case condition for parking demand. Based on this analysis, 5538 parking spaces would be needed on the Southdale Center site,which would not require a parking variance. SOUTHDALE CENTER-SHAKE SHACK 10/13/2017 CITY OF EDINA WSB PROJECT NO. 10948-00 ;WI PAGE 22 CONCLUSIONS / RECOMMENDATIONS Based on the analysis documented in this study,WSB has concluded the following: • The proposed Southdale Center Shake Shack development includes the addition of a proposed 3,830 sf high turnover sit down restaurant; modification of the site circulation ring road on the west side of the Southdale Center from one-way to two- way between the north Southdale Exit to France Avenue and west right-in from 66th Street,and; modifications to the internal intersections on the ring road at the west right-in from 66th Street and the Southdale Exit to France Avenue. • The site development could generate up to an additional 390 daily trips and 30 trips in the PM peak hour. • Additional trips will be generated from new approved developments in and adjacent to Southdale Center.These uses will generate an additional 1,703 trips in the PM peak hour. • Existing traffic operations at the internal Ring Road intersections and external intersections on France Avenue and 66th Street are operating at overall LOS D or better during the PM peak hour with movements at LOS E. • Intersection traffic operations for the 2018 no-build and build conditions and 2040 conditions will continue to operate at an overall LOS D or better during the PM peak hour. Similar to the existing conditions several movements will continue to operate at LOS E. • The proposed Southdale Center Shake Shack development will provide new sidewalk systems on the site that with direct access to the existing Southdale Center and City sidewalk and bicycle facilities as well as the Southdale Transit Center located adjacent to the proposed site.This will provide the employees and patrons the opportunity to utilize these mutli-modal options. • The existing or proposed available parking does not or will not meet the City's Code. A 929 space parking variance is currently in place for the existing Southdale Center site based current and proposed changes to the Southdale Center site identified in June 2017. • With the addition of the Southdale Center Shake Shack development and ring road modifications a total of 254 existing spaces will be removed and 100 spaces will be added on the site.This leaves a total of 5872 spaces,assuming 6026 spaced from the approved June 2017 Parking Study.This would require a parking variance for 1138 spaces. • Based on ITE parking generation estimates the total parking required for the Southdale Center site including the proposed restaurant development is 5538 spaces.With this estimate, no parking variance would be required. SOUTHDALE CENTER-SHAKE SHACK 10/13/2017 CITY OF EDINA WSB PROJECT NO. 10948-00 h6 b PAGE 23 Based on these conclusions the following recommendations should be considered: 1. Complete the proposed modification of the ring road on the west side of the Southdale Center from one-way to two-way between the north Southdale Exit to France Avenue and west right-in from 66th Street as shown in the plans. 2. Modifications to the internal intersections at:the ring road and the Southdale west right-in from 66th Street,and;the ring road and the Southdale exit to France Avenue, to accommodate two-way traffic as shown in the plans. 3. Complete the proposed sidewalk plans connecting any of the proposed development areas the internal Southdale Center facilities and adjacent City facilities. 4. Provide a 1138 space parking variance for the Southdale Center site. No additional roadway improvements would be required to accommodate the proposed Southdale Center Shake Shack development. • SOUTHDALE CENTER-SHAKE SHACK 10/13/2017 CITY OF EDINA WSB PROJECT NO. 10948-00 /_ ' PAGE 24 APPENDIX SOUTHDALE CENTER-SHAKE SHACK 10/13/2017 CITY OF EDINA WSB PROJECT NO. 10948-00 4649\ PAGE 25 N c a) = 0 O) a) LL a) C) I I Oa. 1 (\ e) u A11 \ , \ f '\ xxa' b& H 411f4. s'\ 3i z ; • ®���� I �, ' : h 3 • 1111111611 , .1. i 1 \ • Ili I IP4\'' --_ _LIII—Iir 1 — —--___._ _ 1 1 • (Li OYOY AtNnool we,3ONYN! Y U CO L CO a) CO CQ •— L 0 U) N . C) C E. -0 E. (, +- C c N c6 W U- , L O CC) >. i O - F-u) U ice., d 0B, vOp'uoa 04)5 pesoao...i-ZO-embii g,sOo.wI,RUS•Wv5,s.l•Vo3)po)SOBtBA'OSM:,::::1445g , , 4 Z/fvOl II 01 rn 4 .,,ill I i I I ' 0 O . �. ,_,J- ' ®, ., ' l ak.' -J( --dal P . .-- �� ' Er ' `$k ..'�" :,- 1. _ Ll. 0 4` r 11� 1� q �.� ' a, Vz��- o ,z. .,;:jt: :.r. i... syy. aG ?rp 1 , - ^'ii' .r. 0 IY Y _ e ` f512 Y4I "r„t \ % l.. 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' Ale Ii t ,, :I 1 :( FJ 1 *- a.ait• It , 4 RN 1 61 PEI 5 . ,, '....... ",, •, ; ,„... r . 2 ' '1. i ir. ._ „ ... ' - ...-i 44' ..I>I..-.{.1 PI".oroz or•,,,,,,BP.01,13.45.M.,15,1101,3,...7,09yory:,s2 pe::;f1‘1,4.1S,,,, C . M \v.tc3 Draft Minutes❑ t G L V l N,/� O 1 Approved Minutes® C r (, 1� ` Y Approved Date: 9/6/2017 VII. Re•orts/R- •mmendations Acting-chair Nemerov explaine• •.t the Sket •.-' process provides an applicant a venue to receive nonbinding comments from the Co *- " •n and City Council. Nemerov stated this is not a public hearing; however, if a nt proceeds wit ormal application public comments will be taken. A. Sketch Plan Review— Shake Shack (NW Corner Southdale Center) Planner Presentation Planner Teague reported that the Planning Commission is asked to consider a sketch plan proposal to develop the southeast corner of France Avenue & 66th Street, at Southdale. This is the last of the four corners of the Southdale site to be developed. The site is currently a paved overflow parking for the mall and Macy's. Simon Properties is proposing to construct a 5,000 square foot Shake Shack stand-alone restaurant. No drive-through is proposed. The store would have a pedestrian entrance off France Avenue, and from the parking lot facing east. Teague added that the site is zoned PCD-3, Planned Commercial District. The proposed use is permitted on the site. The applicant would only be requesting a site plan review with a parking stall variance. These variances have been standard practice for development on the Southdale site over the past 15 years. The City does not have a lot of discretion when reviewing this project as it is a permitted use. The applicant is still however, requesting Sketch Plan feedback on their plans prior to submittal of a formal application. Teague concluded that a traffic study would be required to determine the impacts on adjacent roadways. The study should include an analysis of intersections, the ring road and access to the site. Appearing for the Applicant Clif Poynter with Simon Properties Discussion/Comments Commissioners provided the following comments on the Shake Shack Sketch Plan. • Planner Teague was asked if the signage for the proposed restaurant meets code. Planner Teague responded that signage has not been reviewed; however, all signage would be required to meet ordinance requirements. • Teague was asked who was responsible for the sidewalks and access. Teague responded he believes the developer is responsible for the sidewalks. Page 4 of 9 �7 2 Draft Minutes❑ Approved Minutes® Approved Date: 9/6/2017 • Commissioners asked Planner Teague to explain parking for the Shake Shack and the reason a variance is needed. Teague explained that parking is based on the entire Southdale campus, not the individual site. Teague noted that at present Southdale is considered "under parked" thereby any new construction would require a parking variance. Teague further noted that building the restaurant also removes parking spaces. Applicant Presentation Mr. Poynter addressed the Commission and reported that Simon is happy and excited about Shake Shack joining our campus. Poynter said Southdale Center is pleased with the continued redevelopment of its corners. Continuing, Poynter explained the current development plan includes the new 5,000 + square foot Shake Shack restaurant, reconstruction of the surface parking lot, new sidewalk connections from the public right of way to the mall and reconfiguration of nearby intersections along with the mall ring road. Poynter said they believe the architecture of the proposed restaurant and the outdoor space is vibrant and interesting, including large windows in the restaurant to engage the public. Poynter told the Commission they are very open to increasing the landscaping and with regard to parking they are very comfortable with the parking provided on the site. Concluding, Poynter said Simon also believes this redevelopment addresses the objectives and vision of the Southdale Area District and benefits the residents and visitors to the City of Edina. Graphics of the project were shared with the Commission. Discussion/Comments Commissioners raised the following: • A question was raised on the redevelopment of this corner pointing out the redevelopment is less dense than previous corner redevelopments. Poynter responded Southdale Center has a vision for their campus, adding they believe this is the highest and best use for this site. Poynter further explained that this corner is subject to visual restraints, reiterating they believe the use as proposed is good. • It was suggested that more green space should be added to the site. Poynter reiterated they are agreeable to adding more landscaping; however, they are also trying to engage the corner and create a gathering space. He also noted that the elevation also presents some challenges. A discussion ensued with some Commissioners questioning if the proposed use was the highest and best use for this site. Commissioners expressed surprise at the "view permission" stipulation in some of the anchor tenant leases. Commissioners indicated their belief that this corner is very valuable and high profile and while they understand Simon supports this plan it may not be the best use of the site. An opinion was also expressed that the corners do not relate well and the color pallet was not pleasing. Concluding, Commissioners said if this proceeds to formal application careful study needs to occur to ensure pedestrian safety and that the redevelopment does not negatively affect ring road circulation. Commissioners also expressed the opinion that parking probably would not be a problem. Page 5 of 9 Draft Minutes❑ Approved Minutes® ' Approved Date:9/6/2017 Vice-chair Nemerov thanked the applicants for their time. B. Sketch Plan Review. Crossroads (7200 & 7250 France Avenue) Staff Presentation Planner Teague reported that the Planning Commission is asked to consider a sketch plan proposal to re-develop 5.2 acres of land west of France between 72nd Street West and Gallagher Drive. As proposed, at full build out, the site would include: ➢ 266-334 new housing units (51-64 units per acre); 3-6 stories at 7200 France and 14 stories at 7250 France. Phase I = 121-164 units (rental apartments); Phase 2= 145-170 units (owner occupied condominiums or rental apartments.) ➢ A bike and pedestrian trail is proposed through the site including a launch/landing pad for a bike/pedestrian connection over France Avenue. The applicant does NOT propose to build the bridge over France. This could be a part of the Three Rivers Park Regional Trail. The plans have been sent to Three Rivers Park for comment. The District has found that the plans would not meet their specifications for the Regional Trail. ➢ The applicant is proposing to comply with the City's Affordable Housing Policy including providing 20% of the total units within the project. (Up to 67 units.) Teague explained that to accommodate the request the following is required: ➢ Comprehensive Plan Amendments to increase the height maximum from four stories and 48 feet to 14 stories and 180 feet; and increase the density in the OR, Office Residential District from 30 units per acre to 64 units per acre; and increase in FAR from 1.5 to 1.6; and ➢ A Rezoning from POD-I, to PUD, Planned Unit Development. Teague concluded as with all sketch plan reviews; the Planning Commission is asked to provide non-binding comments and direction on a potential future development request. Areas of focus should be on the proposed land use, the appropriateness of the proposed development on this site, with a focus on the proposed density and building height. Appearing for the Applicant Dean Dovolis, DJR Architects and Jamie Stolpestad Discussion/Comments Commissioners raised the following: Page 6 of 9 C J ( o P J "' f I vvv,-J- e jqt 4 v1 t VI/ Minutes/Edi - Cit Council/Se.tember 6 2017 The Council inquired about beaver dam impacts and the need for kayaking experts in this review. Ms. Clark outlined differences betwe: natural dams and man-made dams and the impact on ater ecology of two different types of dams. She tated that consultation with a whitewater recreati. specialist would likely not occur based on the type of r_ reation from the slope in this section of the eek. The Council asked staff to comment o' the differences of the current o'e versus the fish bypass plan and suggested alternatives instead of piping, su as grade changes, that wo. d allow fish to traverse on each side of the dam. Ms. Clark said the alternativ- would defy ecologi goals of creek resolution overall and commented on macroinvertebrate that benefit tream health . d the expanded purpose to interact with communities in a public/private partners. The Council asked for specifics on proposed tree remo I. Ms. Clark said tree type, location, and number would occur during the master plan phase, if approv-'., ver ,s the current concept level phase where more work would be done regarding benefits, costs, an• tree pres, vation detail. Ms. Clark answered questions regarding creek integrity protection and the e of dead tre- by wildlife habitat. Mr. Neal addressed concerns regarding size and deployment of -% ipment during cons. uction. The Council confirmed that deeper e avation would not sufficiently . y the park area and made further comments on tree loss, water quali creek curving, and algae. Ms. Cla explained this was not a quality issue but habitat issue and addi diverse woodland to the floodplain wo.ld result in 1.5 new acres of floodplain forest. The Council declared a ort recess at 10:18 p.m. and reconvened at 10:26 p.m. VIII. REPORT 'ECOMMENDATIONS—(Favorable vote of majority of Council Me bers present to approv: except where noted). VIII.A. RE '•LUTION NO. 2017-82: ADOPTING THE PROPOSED BUDGET FOR T CITY OF a INA FOR YEAR 2018,AND ESTABLISHING THE PROPOSED TAX LEVY PAYABL' k 018 This '--m was considered after Agenda Item VIII.C. VIII.B. SKETCH PLAN: SHAKE SHACK(NORTHWEST CORNER OF SOUTHDALE)—REVIEWED Community Development Director Presentation Mr.Teague said the Council was asked to provide non-binding comments for a future development proposal by Simon Properties to construct a 5,000-square foot Shake Shack stand-alone restaurant with no drive- through. Proponent Presentation Clif Poynter, Simon Properties, explained the proposed store would have a pedestrian entrance off France Avenue and the parking lot facing east. He reviewed the parking stall variance, their revised original plans that better engaged France Avenue and 66th Street by moving the loading area from the north side of the building to the south, locating the patio on the front of the building facing 66th Avenue, and creating a front door entry facing France Avenue. He commented that a traffic study would be required to determine impacts on adjacent roadways and shared how the connections would work. He shared their meeting with the County regarding the one-way ring road and their proposal to convert to a standard two-way road. The Council confirmed the store would contain no drive-through, inquired about existing and proposed connections with Southdale, and suggested the separation of two bicycle lanes from two traffic lanes for safety. They noted the uniqueness of the stand-alone building and inquired about the menu, storm water, and voiced support for two-way traffic throughout the ring road. The Council commented on reasons for the patio location on the north side versus better engagement of the right-of-way and proposed patio activities. Page 6 A7 Minutes/Edina City Council/September 6, 2017 The Council shared concerns about the proposed use being wrong for the area and Macy's denial of a hotel and suggested alternate uses that created a stronger pedestrian flow. Mr. Poynter speculated that a hotel use was rejected by Macy's because of the view, noting the site had been available for a while and this use was proposed to attempt to tie in dead-end connections to the public right-of-way. The Council shared approval of the proposed architecture but encouraged another use that better fits the corner. VIII.C. SKETCH PL• : CROSSROADS (7200 AND 7250 FRANCE AVENUE)— REVIEWED Communit Develo.me Director Presentation Mr. Teague stated the pro..nent was proposing to redevelop 5.2 acres of land west of France be een 72nd Street West and Gallagher 1)rive. He said the site would include 266-334 new housing units, 6 stories at 7200 France, 14 stories at 50 France, 53,000 square feet of new retail/commercial u •s, a bike and pedestrian trail, and would pro,ide 20%total affordable housing units. He noted the pro'r t would require a Comprehensive Plan amendme t due to project height and density of number of unit per acre. Proponent Presentation Jamie Stoplestad, EG Capital LLC, troduced their proposal for a mixed- e project that would be sustainable and walkable in an appropri. e location at a scale that allowed for creased connectability. Dean Devolis, DJR Architects, shared de ils of the proposed proje including the freeway, bike and pedestrian system. He said buildings would 'nclude stone at the ba with glass and all traffic off France Avenue and Gallagher Drive. He outlined ped strian connections, e wellness center, changes in density, and the importance of a walking community. M Devolis and hi team outlined proposed landscaping and sustainable aspects which included active green roo fs and swat . The Council commented on the height of the originil to -ers on the east side and their agreement for a bridge across France Avenue, if possible. Mr.Stoplestad .id a bridge solution would include a City easement and funding that they hope to accomplish. The Cou ir shared concerns regarding a buffer for the single- family neighborhood on the west side of France Av-nue. 'Mr. Stoplestad explained how they attempted to step up the mass and soften view corridors. The Council shared comments regarding :ter management\housing issues, traffic, and concerns with height. They commented on the level of environmental aspects, Jvhich included solar panels and renewable energy concepts for an educational corn..nent at minimum and encouraged exploration of composting food waste and the use of gray water for ir-igation. The Council also commented on the challenges of a bridge but encouraged the proponent to e plore for pedestrians at a minimium. Comments were shared on the reduction of windings connectio versus more direct connections anal suggested exploring a variety of heights to minimize impacts to properties through creation of in-betvieen areas. The proponent was complimented on the connect' ity, sustainability, storm water managements need for filtration options, and possible underground parki .:. E, Mr. Stoplestad answered questions regarding content, shape, and balance inside\and outside and the transfer of ownership model t. transition to a larger size to soften the facade and reduc'the impact. He said they would continue the dialogue with the neighborhood. Mr. Stoplestad noted comm nts received at the public meeting included • at the buffer of a building would help reduce noise impacts an advance walkability for residents. The Council tressed the importance of connectability across France Avenue and addressing height concerns. They share.: concerns about traffic flow on Gallagher Drive heading eastbound and equitable distribution of traffic. The Council indicated the project cannot have adverse effects on neighborhood character, property Page 7 Jackie Hoogenakker From: Andrine Nelson <anelson@visi.com> Sent: Saturday, October 14, 2017 7:42 PM To: Jackie Hoogenakker Subject: Proposed Shake Shack Site TO THE EDINA PLANNING COMMISSION: We are writing in response to the Public Hearing Notice we received regarding the proposed site for a Shake Shack. We have lived at Point of France in Edina for 20 years, and have typically held a favorable attitude about the many construction and renovation projects near our Point of France home. We must, however, take exception with the proposed site for the Shake Shack. We are well aware of its popularity and of the success Shake Shack is experiencing in New York. While we would welcome a Shake Shack in the area, we are very much opposed to the proposed site for this business. It seems remarkably inconsistent with the personality and flavor area developers are attempting to create in the immediate area. We sincerely hope that the Edina Planning Commission will reject the Simon Properties proposal. Thank you for your consideration. Roger and Andrine Nelson Point of France 6566 France Ave. S. #909 Edina, MN 55435 J i . STAFF REPORT 9 A; T 4(t21 - ' ytlx1 r\,-,>lii KlT.3i v a,x Date: October 25, 2017 To: Planning Commission From: Cary Teague, Community Development Director Subject: Plat for Edina Market Street Information / Background: The City of Edina and Edina Market Street LLC are requesting to combine and Plat the properties that make up the Edina Market Street Project located on both the north and south side of Market Street (formerly known as 49-1/2 Street). (See property location on pages A I-A4.) The purpose of the request is to combine all the parcels within the development to have clear clear legal descriptions. There are no changes proposed to the approved development plan, and no new lot is being created. (See the approved plans on pages A7-A8 and the proposed Plat on page A6.) The specific request is for Preliminary and Final Plat. Surrounding Land Uses Northerly: Duplexes, and apartments; zoned R-2 Double Dwelling District and PRD-4, Planned Residential District, and guided HDR, High Density Residential, and Low Density Attached. Easterly: Spalon Montage &Walgreens; zoned PCD-2, Planned Commercial District and guided MXC, Mixed Use Center. Southerly: Retail uses on 50th; zoned PCD-2, Planned Commercial District and guided MXC, Mixed Use Center. Westerly: Offices and the US Post Office; zoned PCD-2, Planned Commercial District and guided MXC, Mixed Use Center. Existing Site Features The subject property is 2.9 acres in size, contains two parking ramps, a surface parking lot, abandoned dry cleaners and the vacant Edina Realty site. The south parcels are 1.5 acres in size and the north 1.4 acres. The Plat creates one lot on the north side of the street and one lot on the south. (See pages A l-A4.) ,fir . y.,� - -, , �, z- +--; N. � �.::. ,.� sN.4�!��. `�5f,'Ri'+v���� "- � ;���`��.it'� '.� �-N�4, ,"fig4k �.L:�::a�.awe.:4��.';. ,�e�,.vin�",.�n..��i�" ��'(.,sa�.::h� a�„n'�'�L a�Pwra City of Edina • 4801 W.50th St. Edina,MN 55424 STAFF REPORT Page 2 Planning Guide Plan designation: MXC, Mixed Use Center. Zoning: PCD-2, Planned Commercial District Lot Dimensions Area Lot Width REQUIRED No minimum lot size Lot I, Block I 1.4 acres Lot 1, Block 2 1.5 acres Park Dedication No park dedication is required. This property was originally platted as 4 lots on the north side of the street and 5 lots on the south. (See page A2.) Therefore, park dedication has already been paid. Easements The city engineer has reviewed the proposed subdivision and found it to be acceptable. There are existing street and utility easements that will need to be vacated. Vacation of easements is a process through the City Council. The Final Plat and Vacation of easements will be done at the same time at City Council. Staff Recommendation Recommend that the City Council approve the proposed Preliminary and Final Plat of the lots on Market Street that simply combines all the lots on the property. Approval is based on the following findings: I. The proposed subdivision meets the required standards and ordinance for a subdivision. 2. The resulting uses of the project meet all zoning ordinance requirements. Approval is subject to the following conditions: 1. Easement Vacation shall take place at the same time as the Final Plat at City Council. 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II �'a Irl a 4aiet L --- 1447! e �'`' E ; r: �' —__I • t . ,v, t 1,4: 1 "11 _ jerll • �`- 1 inch =200 feet No results Comments: Site Location This data(i)is furnished'AS IS'with no representation as to completeness or accuracy;(ii)is furnished with no warranty of any kind;and(iii)is notsuitable for legal,engineering or surveying purposes. Hennepin County shall not be liable for any damage,injury or loss resulting from this data. COPYRIGHT©HENNEPIN COUNTY 2017 XIS 13 IT It THE COLLABORATIVE:49.5 FRANCE LEGAL DESCRIPTIONS&ADDRESSES • 1 --w6-1- T,,tis aT,.3 --- s J.,-.- a r j _`_ • t0 1` - 1 � ;�' ,: YL"J, ht.', fa }4.J tyi'{yy i' �y�'1 '{" � 1�7. t!":,,e V• : • y'r a ..g �. t i 4i A. ii• E1 { . 1,.>, y-,-.'z c f r �, i f� •y I -i. --4. I I :LLI ,' _ Jj�;e •• ••!. ,l ,'. �^v.j.. -�41� �1 MO' -'G - , 1. ..j II • 310 - [ 1I1 'e;t fi 4. �� iLt r_ � - � F, r r...-.. ,,24.-.,� r r1.+_.. � r rat _`, ..I- 5 :•$�� i'r':e •f f ® 3 :r� ��i 2 it `--, ' • �,' I:,,, �T q ;4 I - I I , i1 r ilWiiit0 � '� s , 1` t 1,- r', 1 it i :�� • }+��Ti�i : 1 _ _ I ! g �4 I 2aoff 13935 v'i, =i ,0 1 i �t k FFF"' 'I - - -!,�'[ _ i �1 r� Al y� - L S I 1 I I, `- 1II�+ . �, 1A?S 's�\' •c t> y1,f '. I . r ad —_ " , -_ 't ,• c-.,L.m1 .1 11 r;1. a _ ,1 'e d1�F. ..-..-a,..- —6=-=1---,r-----.---..1, E".-it,- - ' 1,, Parcel 1: Center Ramp(East) PID:1802824140023 3925 W 49'/:St W All of Lot 30, Auditor's Subdivision No. 172, Hennepin County, Minnesota, except the East 1 foot thereof and except that part of Lot 30 lying South of a line drawn parallel with and 119.90 feet North of the South line of said Lot 30. Hennepin County, Minnesota 0 / Abstract Property Parcel 2: Center Ramp(East Center) RD:1802824140123 No address assigned Lot 33,Auditor's Subdivision No. 172, according to the map or plat thereof on file and of record in the office of the County Recorder within and for said County, except that part described as follows:The South 119.9 feet of Lot 33,Auditor's Subdivision No. 172, according to the map or plat thereof on file and of record in the office of the County Recorder within and for Hennepin County, Minnesota. Hennepin County, Minnesota Abstract Property Parcel 3: Center Rainp(West Center) PID: 1802824140120 No address assigned The South Half of Lot 34 and the East 13 feet of the South Half of Lot 35,Auditor's Subdivision No. 172, Hennepin County, Minnesota, except that part thereof lying South of a line drawn parallel with and 126.0 feet North of the South lines of said Lots 34 and 35. Hennepin County, Minnesota Abstract Property A Parcel 4: Surface Pkg/Center Ramp(West) PID:1802824140032 No address assigned All that part of the South Half of Lot 35, Auditor's Subdivision No. 172, according to the recorded plat thereof, lying West of the East 13 feet thereof, except that part thereof lying South of a line drawn parallel with and 126.0 feet North of the South line of said Lot 35 and except that part of the Westerly 74.20 feet thereof lying South of a line drawn parallel with and 160.30 feet North of the South line of said Lot 35. Hennepin County, Minnesota Torrens Property Parcel 5: Surface parking P1D:1802824140036 No address assigned Par 1: All that part of the West 100 feet of the East 122 feet of the South Half of Lot 36, Auditor's Subdivision No. 172, Hennepin County, Minnesota, according to the recorded plat thereof, lying North of a line drawn parallel with and 150.30.feet North of the South line of said Lot 36. • Hennepin County, Minnesota Abstract Property Par 2: All that part of the East 22 feet of the South Half of Lot 36,Auditor's Subdivision No. 172, lying North of a line drawn parallel with and 150.30 feet North of the South line of said Lot 36. Hennepin County, Minnesota Torrens Property Parcel 6: Houten Cleaner PID:1802824140035 394449.5 W The East 85 feet of the West 120 feet of the East 172 feet of the South 150 feet of the North 1/2 of Lot 36, Auditor's Subdivision No. 172. Hennepin County, Minnesota Abstract Property Parcel 7: North Ramp(West side) PID:1802824140034 394049.5 W The East 52 feet of the Southerly 150 feet of the North one-half of Lot 36,Auditor's Subdivision No. 172. Hennepin County, Minnesota Abstract Property Parcel 8: Edina Realty Site PJD:1802824140026 393049 1/2 St W That part of the North 1/2 of Lot 34,Auditor's Subdivision No. 172, lying Southerly of the Westerly extension of the North line of the South 177.5 feet of Lot 32, except the West 14.75 feet thereof. ALSO The South 177.5 feet of Lot 32,Auditor's Subdivision No. 172. Hennepin County, Minnesota Abstract Property Parcel 9: North Ramp(East Side) PID:1802824140030 3936 49 1/2 St W Par 1: That part of the North Half of Lot 35,Auditor's Subdivision No. 172, lying South of Allata's First Addition, • the West line of said parcel being marked by Judicial Landmarks set pursuant to Torrens Case No. 16224, according to the recorded plat thereof. 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' ' 'tpt 1 - , 4 - 1 I. I. 7 L. - STAFF REPORT 411 19HH Date: October 3, 2017 To: Mayor and City Council From: Tim Barnes, City Facility Manager Subject: Ordinance No. 2017-12 Amending Chapter 24 of the Edina City Code Information /Background: The City of Edina's zoning and regulation for communication towers, antennas, and base units are contained in Chapter 24 of the City code. The original regulations were drafted at a time when antennas were bulky and bolted to the tops of guyed or lattice towers. We call these "Macrocell" deployments. In 2015, the Federal Communications Commission enhanced their rules regarding the transmission of 911 calls and the push began for more reliable accurate location information.This produced the need for small cell sites within the telecommunications industry to supply that need. Summary of past Council actions: At the June 21, 2016 work session, Staff brought forward a discussion about the use of small cell technology in the right of way which led to the direction to create a Master License Agreement and to revise our right of way ordinance. On June 21, 2016, after working with neighboring communities and the League of Minnesota Cities, the City Council approved Ordinance 2016-10, and a Master License template which amended the existing ordinance to allow for the installation of small cell sites in our right of way. On October 5, 2016, the City Council amended Chapter 24 of city code again by approving Ordinance 2016-15 with minor revisions that were requested by the telecommunications providers. City Council also approved the Master License Agreement for installation of small cell technology for Verizon Wireless.This allowed Verizon to begin the installation of their small cell technology. Between March and July of 2017,Verizon installed 7 small cell sites under this agreement near the Southdale area. City of Edina • 4801 W.50th St. • Edina,MN 55424 • • I _LI • I ,• During the last legislative session, the State legislators and ultimately the Governor signed a bill into law that allowed small cell technology as an acceptable use in all Minnesota right of ways effective May 31,2017. Municipalities were given until January 1, 2018 to create enabling ordinances to comply with this new State law. Mn Statutes 237.162 and 237. 163 regulate the use of the public right of way. Attached to the report is a summary of those rules that was prepared by the League of Minnesota Cities. The reason for the proposed ordinance amendment is to comply with this new state law. Upon working with our City Attorney's office and consulting the League of Minnesota Cities and surrounding communities, City Staff recommends this ordinance to be adopted. ORDINANCE NO. 2017-12 AN ORDINANCE AMENDING SECTIONS 2-724, 24-49, 24-50, 24-5I, 24-53, 24-56, 24-58, 24-61, 34-20, 34-46, 36-10 AND ADDING SECTION 36-403 OF THE EDINA CITY CODE CONCERNING SMALL WIRELESS FACILITIES AND WIRELESS SUPPORT STRUCTURES IN THE PUBLIC RIGHT-OF-WAY THE CITY COUNCIL OF EDINA ORDAINS: Section 1. Edina City Code Section 2-724 is amended by adding the following fees and charges: Chapter and Section Purpose of Fee/Charge Amount 24-5 I Rent to occupy space on a $150 Per small wireless facility per year city-owned wireless support structure Maintenance associated $25 Per small wireless facility per year with space occupied on a city-owned wireless support structure Electricity used to operate $73 Per small wireless facility per a small wireless facility if month per radio node less than not purchased directly or equal to 100 max watts from a utility Or The actual costs of electricity if the actual costs exceed $73 per radio node less than or equal to 100 max watts Electricity used to operate $182 Per small wireless facility per a small wireless facility if month per node over 100 max watts not purchased directly from a utility OR The actual costs of electricity if the actual costs exceed $182 per radio node over 100 max watts Section 2. Edina City Code Section 24-49 is amended by adding the underlined language and deleting the strikethrough language to the definition of City cost and Telecommunication rights-of-way user as follows: City cost means the actual cost incurred by the city for public rights-of-way management; including, but not limited to, costs associated with registering applicants; issuing, processing and verifying right-of- way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting or moving facilities during public right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed; mapping of as-built 193368v1 Ordinance No. 2017-12 Page 2 locations of facilities located in rights-of-way; and revoking right-of-way permits or small wireless facility permits and performing all other tasks required by this article, including other costs the city may incur in managing the provisions of this article. Telecommunication rights-of-way user. (I) The term "telecommunication rights-of-way user' means a person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way, that is used or is intended to be used for providing wireless service, or transporting telecommunication or other voice or data information, For purposes of this article, the term "cable communication system" is defined and regulated under Minn. Stats. § 238.02 et seq. (2) The term "telecommunication rights-of-way user" does not mean a cable communication system defined and regulated under Minn. Stats. Ch. 238, and telecommunication activities related to providing natural gas or electric energy services.-, a public utility as defined in Minn. Stats. § 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stats. Ch. 453 and 453A, or a cooperative electric association organized under Minn. Stats. Ch. 308A. These entities are not telecommunications right of way users for purposes of this chapter except to the extent these entities are providing wireless services. Section 3. Edina City Code Section 24-49 is amended by adding the following definitions: Collocate or Collocation means to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. Micro Wireless Facility means a small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than II inches. Small wireless facility means (I) a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet; and (ii) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfers switches, cutoff switches, cable, conduit, vertical cable runs for connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or (2) a micro wireless facility. 193368v1 Ordinance No. 2017-12 Page 3 Utility pole means a pole that is used in whole or in part to facilitate telecommunications or electric service. Wireless facility means equipment at a fixed location that enables the provision of wireless services between user and equipment and a wireless service network, including: (I) equipment associated with wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (3) a small wireless facility. Wireless facility does not include: (I) wireless support structures, (2) wireline backhaul facilities, or (3) coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna. Wireless service means any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522 clause (6). Wireless support structure means a new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the City. Wireless telecommunication facility means equipment used to provide wireless telecommunication or data services, including all antennas, radios, support devices, equipment including ground equipment, associated cables, and attachments. It includes a small wireless facility unless a small wireless facility is specially exempted or excluded from the coverage of a particular provision of this Code. Wireline backhaul facility means a facility used to transport communications data by wire from a wireless facility to a communications network. Section 4. Edina City Code Section 24-50 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 24-50. - Registration. (a) Annual registration required. No person shall construct, install, repair, remove, collocate, relocate or perform any work within any right-of-way without first being registered pursuant to this section. Such registration shall be made on an application form provided by the engineer and shall be accompanied by the registration fee provided in section 2-724. A service or utility service operating under a franchise with the city shall register pursuant to this section, but need not provide the registration information required by subsection (b) of this section, if such information has been submitted pursuant to the franchise agreement. A person who pays a franchise fee to the city in accordance with a franchise agreement shall be exempt from payment of a registration fee. (b) Registration information. The registrant shall provide the following at the time of registration and shall promptly notify the city of changes in such information: (I) Registrant's name, address, telephone number, facsimile number and Gopher One-Call registration certificate number, if required by state law. (2) Name, address, telephone number and facsimile number of the person responsible for fulfilling the obligations of the registrant. 193368vl Ordinance No. 2017-12 Page 4 (3) A certificate of insurance from a company licensed to do business in the state providing coverage in the following amounts: a. General liability. Public liability, including premises, products and complete operations. I. Bodily injury liability: $1,000,000.00 each person, $3,000,000.00 each occurrence. 2. Property damage liability: $3,000,000.00 each occurrence. 3. Bodily injury and property and damage combined: $3,000,000.00 single limit. b. Comprehensive. Automobile liability insurance, including owned, nonowned and hired vehicles. 1. Bodily injury liability: $1,000,000.00 each person, $3,000,000.00 each occurrence 2. Property damage liability: $3,000,000.00 each occurrence. 3. In lieu of subsections (b)(3)b.I and 2 of this section, bodily injury and property damaged combined: $3,000,000.00 single limit. Such certificate shall verify that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and placement and use of equipment or facilities in the right-of-way by the registrant its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground equipment and collapse of property. Such certificate shall also name the city as an additional insured as to whom the coverage's required herein are in force and applicable and for whom defense will be provided as to all such coverage's. Such certificate shall require that the engineer be notified 30 days prior to cancellation of the policy. (4) 24-hour emergency number. (5) An acknowledgment by the registrant of the indemnification pursuant to section 24-65(b). (6) Such other information the city may require. (c) Exceptions. The following are not subject to the requirements of this section: (1) Persons planting or maintaining boulevard plantings or gardens. (2) Persons erecting fences, installing driveways, sidewalks, curb and gutter, or parking lots. (3) Persons engaged in snow removal activities. (4) Persons installing street furnishing, bus stop benches and shelters. (5) Persons installing vending machines. (6) Persons installing irrigation systems. (7) Federal, state, county and city agencies. (8) Persons installing pet containment systems. (9) Plumbers licensed in accordance with article IX of chapter 10. (10) Persons acting as agents, contractors or subcontractors for a registrant who has properly registered in accordance with this section. 193368v1 Ordinance No. 2017-12 Page 5 (d) Term. Registrations issued pursuant to this article shall expire on September I of each calendar year. Section 5. Edina City Code Section 24-5 I is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 24-5 I. - Permit required; bond; exceptions. No person shall excavate, dig, tunnel, collocate, trench or install any facilities, equipment or improvements above, on or beneath the surface of any right-of-way in the city or any property owned by the city without first obtaining a permit pursuant to this section. (I) Application; fee. An application for a permit shall be made on forms provided by the engineer and shall be accompanied by the fees set forth in section 2-724 which are established to reimburse the city for city costs. A person who pays a franchise fee to the city in accordance with a franchise agreement shall be exempt from the payment of permit fees. If the work is to be performed by an agent, contractor or subcontractor on behalf of a registrant, such application shall be signed by the registrant. The application shall also be accompanied by the following: a. Scaled drawings showing the location of all facilities and improvements proposed by the applicant. b. A description of the methods that will be used for installation. c. A proposed schedule for all work. d. The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic during the work. e. The location of any public streets, sidewalks or alleys that will be disrupted by the work. f. A description of methods for restoring any public improvements disrupted by the work. g. Any other information reasonably required by the engineer:, provided that for a small wireless facility such information must be reasonably necessary to review the application for compliance with generally applicable and reasonable health, safety, and welfare regulations and to demonstrate compliance with applicable Federal Communications Commission regulations governing radio frequency exposure. (2) Security. For companies not operating under a franchise with the city, a surety bond, letter of credit or cash deposit in the amount determined by the engineer but not less than $5,000.00, shall be required from each applicant. A surety bond shall be from a corporate surety authorized to do business in the state. Security required pursuant to this subsection shall be conditioned that the holder will perform the work in accordance with this article and applicable regulations, will pay to the city any costs incurred by the city in performing work pursuant to this article, and will indemnify and save the city and its officers, agents and employees harmless against any and all claims, judgment or other costs arising from any excavation and other work covered by the permit or for which the city, council or any city officer may be liable by reason of any accident or injury to persons or property through the fault of the permit holder, either in improperly guarding the excavation or for any other injury resulting from the negligence of the permit holder. The bond, letter of credit or cash deposit shall be released by the city upon completion of the work and compliance with all conditions imposed by the permit. For permits allowing excavations within public streets, such bond, 193368v1 Ordinance No. 2017-12 Page 6 letter of credit or cash deposit shall be held for a period of 24 months to guaranty the adequacy of all restoration work. (3) Applications for permits for multiple telecommunications facilities. Permits for multiple telecommunications facilities, including small wireless facilities may be filed in consolidated applications as required by Minn. Stat. § 237.163 subd. 3(a). Permit applications that propose collocation of facilities shall indicate to the extent practicable the owner of the other facility or facilities, and if the city is the owner of those facilities, the application shall comply with the requirements in subsection 4. (4) Applications to collocate on city owned structures. a. Permit applications that propose collocation of facilities on city owned poles, buildings or other structures owned or under the control of the city may be authorized by the council upon terms and conditions established by the council. A wireless service provider may collocate small wireless facilities on wireless support structures owned or controlled by the city and located within the public roads or rights-of-way without being required to apply for or enter into any individual license, franchise, or other agreement with the city or any other entity, other than a standard small wireless facility collocation agreement if the city elects to utilize such an agreement. b. Any initial engineering survey and preparatory construction work associated with collocation must be paid by the cost causer in the form of a onetime, nonrecurring, commercially reasonable, nondiscriminatory, and competitively neutral charge to recover costs associated with a proposed attachment. c. The city may charge each small wireless facility attached to a city-owned wireless support structure fees as specified in Section 2-724 in addition to other fees or charges allowed by law. (7) Permit issuance;conditions. a. The engineer shall grant a permit within ninety (90) days of receiving the completed application upon finding the work will comply with applicable sections of this Code, or shall provide written reasons for denial of the application if the city believes the requirements have not been satisfied, unless that time period is extended or tolled as specified in state law, Minnesota Statutes Section 237.163 Subdivision 3c.. If the City receives applications within a single seven-day period from one or more applicants seeking approval of permits for more than 30 small wireless facilities, the City may extend the 90-day deadline imposed in state law by an additional 30 days. If the City elects to invoke this extension, it must inform in writing any applicant to whom the extension will be applied. If the engineer does not act on an application for a small wireless facility within the 90-day period, or any applicable extension, the permit is automatically issued b. No permit shall be issued to anyone who has failed to register in accordance with section 24-50. c. The permit shall be kept on the site of the work while it is in progress, in the custody of the individual in charge of the work. The permit shall be exhibited upon request made by any city official or police officer. 193368v1 Ordinance No. 2017-12 Page 7 d. The engineer may impose generally applicable and reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety and welfare, to ensure the structural integrity of the right-of-way, to protect the property and safety of other users of the right-of-way, and to minimize the disruption and inconvenience to the traveling public. Placement of small and other wireless facilities shall not exceed the limits specified in state law, including but not limited to Minn. Stats. § 237.163 or City Code. e. The permittee shall screen all aboveground facilities. Screening methods shall include the use of shrubs, trees and/or with landscape rock or installation using stealth or camouflaged forms of the facility. f. The engineer may condition approval of a small wireless facility permit on reasonable accommodations for decorative wireless support structures or signs. g. The engineer may impose reasonable restocking, replacement, or relocation requirements when a new wireless support structure is placed in a public right-of-way. (8) Exceptions. No permit shall be required for the following: a. Landscaping work. b. Fences, driveways, sidewalks, curb and gutter, and parking lots, street furnishings, bus stop benches, shelters, posts and pillars. c. Snow removal activities. d. Vending machines. e. Irrigation systems, provided that the system does not connect directly to water mains in the right-of-way. f. Activities of the city. g. Installation and maintenance of sewer or water services, provided that no excavation or other work is done within a street, sidewalk or alley and all work is confined to unimproved portions of rights-of-way or easements. (9) Special exceptions for some small wireless facilities: As required by state law, a person is not required to pay a small wireless facility permit fee, obtain a small wireless facility permit, or enter into a small wireless facility collocation agreement solely in order to conduct any of the following activities: a. routine maintenance of a small wireless facility; b. replacement of small wireless facility with a new facility that is substantially similar or smaller in size, weight, height, and wind or structural loading than the small wireless facility being replaced; or c. installation, placement, maintenance, operation, or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with national safety codes. Persons that perform these excepted activities shall provide the city advance notification of these activities if the work will obstruct a public right-of-way. 193368v1 Ordinance No. 2017-12 Page 8 Section 6. Edina City Code Section 24-53 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 24-53. - Standards for construction and installation. (a) General standards. The excavation, backfilling, patching restoration and all other work performed in the right-of-way must be done in conformance with all applicable Minnesota Rules, including without limitation Minnesota Rules Chapter 7560, Rules 7819.1 100, 7819.5000 and 7819.5100, as well as all of the requirements of this City Code and its other conditions and requirements in so far as they are not inconsistent with Minn. Stats. §§ 237.162 to 237.163. The permit holder shall comply with the following standards when performing the work authorized under the permit: (I) Take such precautions as are necessary to avoid creating unsanitary conditions. Observe and comply with all laws, rules and regulations of the state and city. (2) Conduct the operations and perform the work in a manner as to insure the least obstruction to and interference with traffic. (3) Take precautions to insure the safety of the general public and those who require access to abutting property. (4) Notify adjoining property owners prior to commencement of work which may disrupt the use of and access to such adjoining properties. (5) Comply with the Uniform Traffic Manual for Traffic Control at all times during construction or installation. (6) Exercise caution at all times for the protection of persons, including employees and property. (7) Protect and identify excavations and work operations with barricade flags and by warning lights at night. (8) Provide proper trench protection as required by O.S.H.A. when necessary and depending upon the type of soil, in order to prevent cave-ins endangering life or tending to enlarge the excavation. (9) Protect the root growth of trees and shrubbery. (10) If possible, provide for space in the installation area for other telecommunication right-of-way users and other companies which install facilities in public rights-of-way. (I 1) Maintain access to all properties and cross streets during construction and installation, except as allowed by permit, and maintain emergency vehicle access at all times. (12) Maintain alignment and grade unless otherwise authorized by the city. Changes not approved by the city will require removal and reconstruction. (13) During plowing or trenching of facilities, a warning tape must also be placed at a depth of 12 inches above copper cables with over 200 pairs and above fiber facilities. (14) Below concrete or bituminous paved road surfaces, directional bore facilities must be installed in conduit of a type specified in the permit. 193368v1 Ordinance No. 2017-12 Page 9 (I 5) The placing of all telecommunications facilities must comply with the National Electric Safety Code, as incorporated by reference in Minn. Stats. § 326.243. (16) Locate property lines near right-of-way lines and replace any destroyed property corners. A Minnesota licensed surveyor must be used. (17) Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the city. (18) Excavating, trenches and jacking pits shall be protected when unattended to prevent entrance of surface drainage. (19) All backfilling must be placed in six-inch layers at optimum moisture and compacted with the objective of attaining 95 percent of standard proctor. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. (20) Backfill material shall be subject to the approval of the city public works director. The city public works director may permit backfilling with the material from the excavation provided such material is granular in nature and acceptable to the city public works director. (21) Compacted backfill shall be brought to bottom of the gravel of the approved street section. (22) Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. (23) No lugs damaging to roadway surfaces may be used. (24) Dirt or debris must be periodically removed during construction. (25) Other reasonable standards and requirements of the city public works director. (b) Standards for installation of underground utilities. The permit holder shall comply with the following standards when installing facilities underground: (I) Underground facilities must be placed as far off the roadway as possible to provide access from outside of the paved area. (2) Buried facilities shall be at a minimum depth of three feet and a maximum depth of four feet unless an alternate location is approved in advance by the city public works director. Buried copper facilities below concrete or bituminous paved road surfaces must be placed at no less than three feet but no more than four feet deep. Other buried copper facilities must be placed at a minimum depth of 30 inches and a maximum depth of four feet. (3) Crossing of streets and hard surfaced driveways shall be directional bored unless otherwise approved by the city public works director. (4) If construction is open cut, the permit holder must install the visual tracers within 12 inches and over buried facilities. If other construction methods are used, substitute location methods will be considered. (5) The permit holder shall register with Gopher State One Call and comply with the requirements of that system. (6) Compaction in trench shall be 95 percent of standard proctor and copies of test results will be submitted to the city public works director. Tests will be required at the discretion of the city 193368v1 Ordinance No. 2017-12 Page 10 public works director. Tests must be conducted by an independent testing firm at locations approved by the city public works director. Recompaction and new tests will be required if densities are not met. (7) The facilities shall be located so as to avoid traffic signals and signs which are generally placed a minimum of four feet behind the curb. (8) When utilizing trenchless installation methods to cross an area in which a municipal utility is located, and when directed by the city, the permit holder shall excavate an observation hole over the utility to ensure that the city utility is not damaged. (9) All junction boxes or access points shall be located no closer than ten feet from city hydrants, valves, manholes, lift stations or catch basins unless an alternate location is approved by the city. (I 0) Underground facilities shall not be installed between a hydrant and an auxiliary valve. (I I) Underground facilities shall not be installed within five feet of hydrants, valves, lift stations or manholes in areas where utility easements exist beyond the right-of-way. In those areas in which no utility easement exists, placement of an underground facility shall be between the edge of pavement and no closer than three feet to an existing city utility appurtenance unless an alternate location is approved by the city. (12) Buried telecommunication facilities must have a locating wire or conductive shield, except for di-electric cables. (13) Buried fiber facilities must be placed in a conduit of a type determined by the right-of-way user unless the permit holder obtains a waiver from the city. (c) Standards for installation of overhead facilities. When installing facilities overhead all wires must be a minimum of 18 feet above ground and at a location that does not interfere with traffic signals, overhead signs, or street lights. (d) Standards for wireless telecommunication facilities. (I) Purpose. The city desires high quality wireless communication services to accommodate the needs of residents and businesses. At the same time, the city strives to minimize the negative impacts that wireless telecommunication facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited area, the city also strives to avoid unnecessary encumbrances within the public right-of-way. The city allows and regulates wireless telecommunication facilities outside of the public right-of-way through performance standards and height limits. The purpose of this article is to regulate wireless telecommunication facilities within the public right-of-way in a manner that balances desire for service with aesthetic, public safety, and right-of-way flexibility concerns. Public rights-of-way are appropriate locations for wireless telecommunication facilities that present minimal impacts (e.g., small pole attachments that do not require new poles, do not require pole extensions, and do not have associated ground mounted equipment). Wireless telecommunication facilities that require greater heights than can be afforded by existing poles in the public right-of-way and that require ground mounted equipment are more appropriately sited outside the public right-of-way. The city recognizes, however, that as wireless technology advances, some residential areas of the city may be hard to serve with wireless technology due to the lack of siting alternatives in the immediate vicinity. In such areas, where no alternative non-right-of-way locations are available, wireless telecommunication facilities that require pole extensions and ground equipment will be allowed in the public right-of-way subject to the requirements of this article which are meant to protect the public health, safety, and welfare. I93368v1 Ordinance No. 2017-12 Page 11 Small wireless facilities and wireless support structures will also be allowed in the public right- of-way as provided in this article. (2) Wireless telecommunication facilities as pole attachments. Wireless telecommunication facilities that comply with the following requirements may be attached to existing or replacement public utility or city structures ("public utility structure") within the right-of-way after issuance of a pole attachment permit: a. The wireless telecommunication facility shall not extend more than ten feet above the top of the existing public utility structure in place on prior to May 30, 2017 and the height of the existing public utility structure shall not be increased to accommodate the wireless telecommunication facility. b. If the public utility structure must be replaced to structurally accommodate the wireless telecommunication facility, the replacement public utility structure height shall not exceed 50 feet above ground level or the height of the existing public utility structure height whichever is greater and the replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50 percent. c. Except for equipment associated with small wireless facilities, Tthe wireless telecommunication facility shall not be larger than seven cubic feet and shall have no individual surface larger than four square feet. Small wireless facilities shall meet the dimensional requirements for small wireless facilities as defined in this Chapter. d. The wireless telecommunication facility shall not extend outward from the existing pole or tower or arm thereof by more than two and one-half feet from each side of the pole or tower, except that an antenna one-half inch in diameter or less may extend an additional six inches. e. The wireless telecommunication facility shall include no ground mounted equipment within the rights-of-way. Small wireless facilities are exempt from this item. f. The wireless telecommunication facility shall not interfere with public safety communications. g. Wireless telecommunication facilities in the right-of-way shall be removed and relocated at city request subject to the provisions of Minn. Stats. §§ 237.162-237.163. h. The wireless telecommunication facility shall not block light emanating from the public utility structure and shall not otherwise interfere with the original use of the public utility structure. i. New wireless support structures installed in the right-of-way after May 30, 2017 shall not exceed 50 in height above ground level. (3) Wireless telecommunication facilities as pole extensions or with ground mounted equipment. Except as provided in subsection (2) above, wireless telecommunication facilities that require increased public utility structure height or that have ground mounted equipment may be erected in the public right-of-way only when in compliance with the following provisions and after issuance of a pole attachment permit or excavation permit: a. The applicant shall demonstrate to the satisfaction of the city public works director that the wireless telecommunication facility cannot be placed in a code complying location outside the right-of-way within one-quarter mile of the proposed location. Wireless support structures and small wireless facilities are exempt from this item. 193368v1 Ordinance No. 2017-12 Page 12 b. The replacement public utility structure, including lightning rods and all other attachments, shall not exceed 50 feet in height above ground level or the height of the existing public utility structure whichever is greater by more than 15 feet. Once the height of a public utility structure has been increased under the provisions of this article, the height shall not be further increased. c. The replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50 percent. d. The wireless telecommunication facility shall not extend outward from the public utility structure by more than two feet on any side. e. If feasible and desirable, as determined by the city public works director, the replacement public utility structure shall match the original and surrounding public utility structures in materials and color. f. The wireless telecommunication facility shall not interfere with public safety communications. g. A pole attachment or excavation permit for a wireless telecommunication facility that has ground mounted equipment will be issued only if: I. The ground mounted equipment will not disrupt traffic or pedestrian circulation; 2. The ground mounted equipment will not create a safety hazard; 3. The location of the ground mounted equipment minimizes impacts on adjacent property; and 4. The ground mounted equipment will not adversely impact the health, safety, or welfare of the community. h. Ground mounted equipment associated with the wireless telecommunication facility shall meet the following performance standards: I. Be set back a minimum of ten feet from the travelled portion of rights-of-way; 2. Be separated from a sidewalk by a minimum of three feet; 3. Be set back a minimum of 50 feet from the nearest intersecting right-of-way line; 4. Be separated from the nearest ground mounted wireless telecommunication equipment installation on the same block face by a minimum of 330 feet unless the equipment is placed underground, except there shall be no minimum separation distances between small wireless facilities; 5. If located adjacent to residential uses, ground mounted equipment shall be limited to three feet in height above grade and 278 cubic feet in cumulative size; 6. If located adjacent to non-residential uses, ground mounted equipment shall be limited to five feet in height above grade and 81 cubic feet in cumulative size; 7. Ground mounted equipment located outside the public right-of-way must meet the requirements of chapter 34; and 8. Vegetative or other screening compatible with the surrounding area shall be provided around the ground mounted equipment if deemed necessary by the city public works director or designee. 193368v1 Ordinance No. 2017-12 Page 13 i. Wireless telecommunication facilities in the right-of-way shall be removed and relocated at city request subject to the provisions of this article. (4) New poles. a. The erection in the right-of-way of a new pole to support wireless telecommunication facilities is not allowed, except: I. When attachment to existing utility or city poles is not feasible; or 2. The new pole is owned by the city; or 3. When the pole meets the definition of a wireless support structure. b. New poles when allowed shall not exceed 35 feet in height and four feet in circumference, except that new wireless support structures located in the public right-of- way shall not exceed 50 feet in height above ground level. Replacement wireless support structures shall not exceed 50 feet in height above ground level or the height of the replaced wireless support structure, whichever is greater. c. Wireless support structures shall comply with all applicable provisions of article II of chapter 10, including wind loading requirements set forth in the state building code. d. Wireless support structures and small wireless facilities shall be grounded for protection against a direct strike by lightning and shall comply, as to electrical wiring and connections, with all applicable provisions of this Code. e. No wireless support structure or small wireless facility shall have affixed to it any signs, banners or placards of any kind. (except one sign not over ten square inches in area may be affixed indicating the name of the manufacturer or installer) nor shall any lights, reflectors. flashers or other illuminating devices be affixed except as required by the Federal Aviation Administration or Federal Communications Commission, except that a banner or sign may be attached to a wireless support structure or small wireless facility at the city's request to conform to other wireless support structures or small wireless facilities. f. No wireless support structure shall have constructed on it, or attached to it, in any way, Any platform, catwalk. crow's nest or similar structure, except structures necessary for the maintenance of small wireless facilities. h. All wireless support structures shall be constructed of corrosive-resistant steel or other corrosive-resistant, noncombustible materials. Wireless support structures shall not be constructed or made of wood, including timbers or logs, except that a wood wireless support structure may be used to replace an existing wood wireless support structure. i No part of any wireless support structure or small wireless facility, or any lines, cables, equipment, wires or braces, used in connection with any wireless support structure or small wireless facility shall, at any time, extend across or over any part of the street, sidewalk or alley. j. Wireless support structures shall be of monopole design and shall blend into the surrounding environment through the use of color, camouflaging and other architectural treatment. 193368v1 Ordinance No. 2017-12 Page 14 k. No small wireless facility shall interfere with public safety telecommunications. (5) Charges. In addition to the permit fees outlined in this chapter, the city reserves the right to charge telecommunication providers for their use of the public right-of-way to the extent that such charges are allowed under law. Telecommunication providers shall be responsible for payment of property taxes attributable to their equipment in the public right-of-way. Section 7. Edina City Code Section 24-56 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 24-56. - Denial of permit. The engineer may deny a permit due to the following: (I) Failure to register pursuant to section 24-50. (2) A proposed excavation within a street or sidewalk surface that has been constructed or reconstructed within the preceding five years, unless the engineer determines that no other locations are feasible or when necessitated by an emergency. (3) The applicant is subject to revocation of a prior permit issued pursuant to this article. (4) The proposed schedule for the work would conflict or interfere with an exhibition, celebration, festival or any other similar event. (5) The right-of-way would become unduly congested due to the proposed facilities and equipment when combined with other uses in the right-of-way, as provided in section 24- 61(c). (6) Businesses or residences in the vicinity will be unreasonably disrupted by the work. (7) The proposed schedule conflicts with scheduled total or partial reconstruction of the right-of- way. (8) The applicant fails to comply with the requirements of this article or other sections of this Code. Any denial of a right-of-way or small wireless facility permit must be made in writing and must document the basis for the denial. The city must notify a telecommunications right-of-way user in writing within three business days of the decision to deny a permit. If a permit application is denied, the telecommunications right-of-way user may cure the deficiencies identified by the city and resubmit its application. If the telecommunications right-of-way user resubmits the application within 30 days of receiving written notice of denial, it may not be charged an additional filing or processing fee. The city must approve or deny the revised application within 30 days after the revised application is submitted. Section 8. Edina City Code Section 24-58 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 24-58. - Revocation of permits. I93368v1 Ordinance No. 2017-12 Page 15 The engineer may revoke any permit, without a fee refund, if there is a substantial breach of the terms and conditions of any statute, this Code, rule or regulation, or any condition of the permit which substantial breach shall continue uncured for ten calendar days after the issuance of a written order of the engineer. A substantial breach of a permit holder shall include, but shall not be limited to, the following: (I) The violation of any material provision of the permit; (2) An evasion or attempt to evade any material provision of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation of fact in the application for a permit; (4) The failure to maintain the required bonds and insurance; (5) The failure to complete the work in a timely manner; or (6) The failure to correct a condition indicated on an order issued by the engineer. Any revocation of a right-of-way or small wireless facility permit must be made in writing and must document the basis for revocation. The city must notify the telecommunications right-of-way user in writing within three business days of the decision to deny or revoke a permit. Section 9. Edina City Code Section 24-61 is amended by adding the underlined language and deleting the strikethrough language as follows: Sec. 24-61. - Location of facilities and equipment. (a) Undergrounding by telecommunications right-of-way users. Any new construction and the installation of new equipment and replacement of old equipment of telecommunication right-of-way users shall be underground or contained within buildings or other structures in conformity with applicable codes. Provided, telecommunications right-of-way users may attach equipment and facilities to existing poles and structures maintained by a service or utility service and install small wireless facilities and wireless support structures located in the public right-of-way as permitted by the City Code. (b) Corridors. The engineer may assign specific corridors within the right-of-way, or any particular segment thereof, as may be necessary, for each type of equipment that is or, pursuant to current technology, the engineer expects will someday be located within the right-of-way. All permits issued by the engineer involving the installation or replacement of equipment shall designate the proper corridor for the equipment at issue. (c) Limitation of space. To protect health and safety, the engineer shall have the power to prohibit or limit the placement of new or additional equipment within the right-of-way if there is insufficient space to accommodate all of the requests of registrants or persons to occupy and use the right-of- way. In making such decisions, the engineer shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of- way, the time of year with respect to essential utilities, the protection of existing equipment in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. Section 10. Edina City Code Section 34-20 is amended by adding the following definitions: Collocate or Collocation means to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned 193368v1 Ordinance No. 2017-12 Page 16 privately or by a local government unit. Micro Wireless Facility. A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than II inches. Small wireless facility means (3) a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no more than six cubic feet;and (ii) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfers switches, cutoff switches, cable, conduit, vertical cable runs for connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or (4) a micro wireless facility. Wireless facility means equipment at a fixed location that enables the provision of wireless services between user and equipment and a wireless service network, including: (I) equipment associated with wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (3) a small wireless facility. Wireless facility does not include: (I) wireless support structures, (2) wireline backhaul facilities, or (3) coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna. Wireless service means any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522 clause (6). Wireless support structure means a new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city. Wireline backhaul facility means a facility used to transport communications data by wire from a wireless facility to a communications network. Section I I. Edina City Code Section 34-46 is amended by adding the underlined language and removing the strikethrough language as follows: Sec. 34-46. - Required; exemptions. 193368v1 Ordinance No. 2017-12 Page 17 No antenna, dish antenna or tower of any kind shall be erected, constructed or placed, or re- erected, reconstructed or replaced, anywhere within the city without first making an application for and obtaining a permit from the city. Provided, however, no permit shall be required for the following: (I) Dish antennas not greater than nine square feet in cross sectional area, which do not exceed six feet in height. (2) All towers or other antennas which do not exceed six feet in height. (3) Antennas, dish antennas and towers erected or constructed by the city for city purposes. (4) Structures and facilities directly related to the provision of services by a public utility, including, but not limited to, water towers, lights, signals, power and telephone poles and poles supporting emergency warning devices. (5) Wireless support structures and small wireless facilities located in the public right-of-way. These facilities are regulated under Chapter 24. _ Section 12. Edina City Code Section 36-10 is amended by adding the following definitions: Collocate or Collocation:to install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure that is owned privately or by a local government unit. Micro wireless facility: a small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 1 I inches. Small wireless facility:a wireless facility that meets both of the following qualifications: (I) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all its exposed elements could fit within and enclosure of no more than six cubic feet; and (2) all other wireless equipment associated with the small wireless facility, excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfers switches, cutoff switches, cable, conduit, vertical cable runs for connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in volume; or a micro wireless facility Wireless facility:equipment at a fixed location that enables the provision of wireless services between user and equipment and a wireless service network, including: (1) equipment associated with wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration; and (3) a small wireless facility. Wireless facility does not include: (I) wireless support structures, (2) wireline backhaul facilities, (3) coaxial or fiber-optic cables between utility poles or wireless support structures, or that are not otherwise immediately adjacent to or directly associated with a specific antenna. Wireless service:any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including a cable service under United States Code, title 47, section 522 clause (6). Wireless support structure: a new or existing structure in a public right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the City. 193368v1 Ordinance No. 2017-12 Page 18 Wireline backhaul facility: a facility used to transport communications data by wire from a wireless facility to a communications network. Section 13. Edina City Code is amended by adding Section 36-403 as follows: Sec. 36-403 Permitted Placement of Small Wireless Facilities and Wireless Support Structures Notwithstanding any other provision of this Code, the placement of small wireless facilities and wireless support structures to accommodate small wireless facilities are a permitted use in a public right-of-way. Section 5. This ordinance is effective after its adoption and publication according to law. First Reading: October 3, 2017 Second Reading: Published: ATTEST: Debra A. Mangen, City Clerk James A. Hovland, Mayor Please publish in the Edina Sun Current on: Send two affidavits of publication Bill to Edina City Clerk CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing Ordinance was duly adopted by the Edina City Council at its Regular Meeting of , 2017 and as recorded in the Minutes of Said Regular Meeting. WITNESS my hand and seal of said City this day of , 2017. City Clerk 193368v1 LEAGUE OF MINNESOTA CITIES 2 0 17 Law Summaries ► Final Legislative Action MINNESOTA SESSION LAWS 2017 Includes Regular Session and Special Session Laws O 0 LEAGUE OF MINNESOTA CITIES • Proof of training compliance for local boards of access lines,or revenue generation by the user or local appeal and equalization.Section 8 amends Minn. government user. Stat.§274.014,subd.3 to requires local boards of appeal • Definitions.Sections 4 through 11 amend Minn.Stat. and equalization to have at least one member attend §237.162 by adding subds.10 through 17.The subdivi- training every four years;the powers of boards that fail to sions include definitions of the following:collocate,small meet the requirement are transferred to the county for at wireless facility,utility pole,wireless facility,micro wire- least two years.Effective for board meetings in 2018 and fol- less facility,wireless service,wireless support structure, lowing years. and wireline backhaul faciityA"small wireless facility" (GC) is no more than six cubic feet in volume and the associ- ated wireless equipment,with several exclusions,is in aggregate no more than 28 cubic feet in volume.These elTELECOMMUNICATIONS facilities can be attached to a wireless support structure off.,= ' that is a new or existing structure in the public right-of- Broadband grant funding way that the local unit of government reasonably deter- Chapter 94 (HF 1620/SF 1456*)is the omnibus jobs mines can support small wireless facilities.Also,included and economic growth appropriations act.Article 1 con- in the definitions section is a"micro wireless facility." tains allocations for various state agencies and programs, These structures are being utilized by cable companies including the broadband grant program.Section 2,subd.8 for wireless service and are attached to existing cables allocation$20 million in FY 2018 to the Border-to-Bor- owned by the companies. der Broadband Grant Fund.Operational funding in the • Moratorium prohibited.Section 12 amends Minn. amount of$250,000 was also allocated for the broadband Stat.§237.163,subd.2 by adding paragraph(d),which development office in the Department of Employment expressly prohibits a moratorium by a local government and Economic Development(DEED). Section 7,subd.2 unit.Moratoria cannot be established for filing,receiv- allocates$100,000 to the Department of Commerce for ing,processing,issuing,or approving right-of-way or administrative support services in broadband development. small wireless facility permits.Effective Jan. 1,2018,for a Effective July 1,2017. (LZ) local government unit that has not enacted an ordinance regu- lating public rights-of-way as of May 18,2017, Small cell wireless • Permitted use with exceptions.Section 12,subd.2 Chapter 94 (HF 1620/SF 1456*) is the omnibus jobs and also adds paragraph(1).It establishes small wireless facili- economic growth appropriations act.Article 9 describes ties and wireless support structures as a permitted use in the new law regarding small cell wireless facility deploy- the ROW with some exceptions.A local government ment.Effective May 31,2017,unless otherwise noted. unit may require the applicant to obtain a special or • Local government unit addition.Section 1 amends conditional land use permit to install a new wireless sup- Minn,Stat.§237.162,subd.2.It adds the Metropolitan port structure in a district or area zoned for single-family Council to the definition of a local government unit. residential use or within a historic district established by • Telecommunications right-of-way (ROW) user federal or state law.It can also be subject to city ordi- definition.Section 2 amends Minn.Stat,§237.162, nance as of the date of the application.This paragraph subd.4.It incorporates entities providing wireless ser- does not apply to areas outside a public ROW that are vice as a telecommunications right-of-way(ROW)user, zoned and used exclusively for single-family residential Cable communications systems are not regulated under use. this chapter,but are considered a telecommunications • Small wireless facility permitting.Section 13 ROW user if they are applying for a small facility permit amends Minn.Stat.§237.163 by adding subd.3(a). and offering wireless services as defined in Minn.Stat.§ • Permit information.A local government unit can- 237.162,subd. 15. not require information from the applicant if the • Management costs.Section 3 amends Minn.Stat.§ information has been previously provided in a small 237.162,subd.9.It establishes that a local government wireless permit and the applicant references where the unit can charge the user its actual costs incurred in issu- information can be found.The permit information ing,processing,verifying,or revoking small wireless facil- requested must be reasonably necessary to review the ity permits.Since entities providing wireless service that permit. apply for small wireless facility permits are telecommu- • Consolidated permit.Applicants may file a consoli- nications ROW users,they are subject to the same con- dated application to collocate up to 15 small wire- ditions in this subdivision as other users.Management less facilities or more if the local government unit costs do not include unreasonable fees of a third-party allows.The facilities included in the application must contractor nor can they be tied to customer counts, be located within a two-mile radius,consist of sub- 2017 Law Summaries Page 41 stantially similar equipment,and be placed on similar tion the approval of small wireless facilities and wireless support structures,Specific sites can be approved or support structures based on generally applicable and denied within the same consolidated permit. reasonable health,safety,and welfare regulations.Rea- • Permit threshold. If a local government unit receives sonable accommodations can be requested for deco- permit applications for more than 30 facilities within a rative support structures or signs.A local government seven-day period,the local government can extend the unit has 90 days after an application is filed to approve 90-day deadline by an additional 30 days.If extended, or deny a permit;otherwise,it is automatically issued. the affected applicants must be informed in writing. The subdivision also outlines requirements for local • Restrictions on certain activities.A local gov- units to inform applicants in writing if an application is ernment unit cannot require a separate permit or incomplete. collocation agreement for routine maintenance or • Permit denial.Section 16 amends Minn.Stat.§ replacement of substantially similar facilities.Users can 237.163,subd.4.It incorporates conforming changes be required to give advance notification of these activ- to include small wireless facilities into current law ities.This does not affect the ability of a local govern- regarding permit denial or revocation.Additionally,a ment unit to require a right-of-way permit or other local unit of government must inform the applicant permits if the ROW will be obstructed, in writing that permit has been denied and the reason • Existing agreements. Subd.3(a) does not affect any for denial within three business days of the decision.It existing agreements between a local government unit allows the applicant to resubmit the denied application and entities with small cell facilities. within 30 days without paying an additional filing fee, • Standard wireless facility collocation agree- A decision must be rendered within 30 days after the ment.A local unit of government shall develop and resubmission. make available a standard small wireless facility col- • Fees.Section 17 amends Minn.Stat.§237.163,subd,6. location agreement that is substantially complete.The It outlines the parameters for fees. standard agreement can incorporate additional terms, • Initial survey and preparatory construction.Asso- such as indemnity or insurance requirements,that are ciated costs must be paid by the cost causer in a ode- mutually agreed upon between a local government time,competitively neutral charge to recover costs, unit and a wireless service provider if the provisions • Rent. A local government unit may charge up to comply with this section and Minn.Stat.§237.162. $150 annually for each wireless support structure. The terms and conditions of the collocation can be set • Maintenance.A local government unit may charge forth in the agreement and must be nondiscriminatory, up to$25 per year for associated maintenance. competitively neutral,and commercially reasonable. • Electricity. If not purchased directly from a utility,a Effective six months after enactment,which is Dec, 1,2017,or local government unit may charge a flat monthly rate three months after receiving a small wireless permit application of$73 for a facility using less than or equal to 100 from a wireless service provider. watts,$182 per facility using over 100 watts,or the • Placement of facilities. Section 14 amends actual costs of electricity,if the actual costs exceed the Minn.Stat.§237.163 by adding subd.3(b).A local prescribed flat rates. government unit may not require a facility on a specific ' Authorized contractors.Section 19 amends Minn. support structure other than the proposed structure Stat.§237.163 by adding subd.9.This provision allows a for the permit.While there cannot be minimum telecommunications right-of-way user to use third-party contractors for installation and maintenance.A local gov- separation distances or maximum height limitations for existing structures,there are exceptions for new ernment unit cannot impose additional or different fees structure installations,Any support structure installed on contractors different than what is authorized under in the ROW shall not exceed 50 feet,is subject to local this section. zoning regulations,and can be subject to separation • Exemptions for municipal electric utilities and requirement in relation to other wireless support grandfather clause.Section 20 amends Minn.Stat.§ structures.If an existing structure is greater than 50 feet 237.163 by adding subd.10.All cities with municipal and is being replaced,the replacement may be placed electric utilities are exempt from this chapter.There are at the height of the existing structure and is subject 125 cities with municipal utilities.Cities that have issued to local zoning regulations.Wireless facilities may not permits before May 30 or enacted an ordinance before extend more than 10 feet above an existing wireless May 18,2017,are exempt from subds.3(a),3(b),and 3(c) support structure. and subd.6(d)-6(g) and subd.7(e). • Approval and timeline requirement.Section 15 (LZ) amends Minn.Stat.§ 237.163 by adding subd.3(c). Cities and other local government units may condi- Page 42 League of Minnesota Cities 10/18/2017 City of Edina, Minnesota-Intranet:City Council Ponders Land Sales T ,- - ( . -,,,, �.„ FADINA Wednesday, October 18, 2017 City Council Ponders Land Sales By Scott Neal The City Council started its evening in closed session to discuss the possible purchase or sale of real estate at Valley View &Wooddale and in the Pentagon Park business park. Following the closed session, the Council met in regular session and made the following decisions: • Authorized a grant application to the Minnesota Department of Employment & Economic Development for a set of future mixed-use buildings on Market Street. • Authorized a grant application to the State's Local Road Improvement Program to fund a traffic signal at the intersection of Wooddale Avenue and Valley View Road. • Endorsed an application to the State's Local Road Improvement Program by Hennepin County to fund improvements at the intersection of Minnesota Highway 62 and France Avenue. • Approved Ordinance No. 2017-13 amending the City's Fire Code. • Authorized a grant application to the Hennepin County Youth Sports Facility Program to support a $125,000 improvement project at Courtney Fields. The local match for the grant would come from the Edina Baseball Association. • Approved a minor change to the development contract for the Envi Edina project. • Approved minor changes to the City's bias offense response plan. • Received a report from staff and consultants regarding the results of a study they performed to evaluate the feasibility of reestablishing passenger rail service on the Dan Patch Line. The report discourages the City from moving forward with the initiative at this time. • Received a $2,500 donation from the Friends of the Brave organization for the Fire-Rescue & Inspections Department. • Received the monthly "Speak Up, Edina" report from Senior Communications Coordinator Kaylin Eidsness. This month's report was about the Senior Center. • Approved proclamations recognizing the 2017 Extra Mile Day and 2017 World Polio Day. • Conducted a public hearing to certify delinquent utility bills. The final totals for the decertification were 329 accounts totaling $227,000. • Conducted a public hearing and then approved the vacation of a sanitary sewer easement at the southwest corner of the Southdale Center property. This will allow Restoration Hardware to move forward with the construction of a new store on that corner. • Conducted a public hearing and then rejected an amendment to the City's Comprehensive Plan that removed building height limits at the block located at the 69th Street and France Avenue. • Approved an amendment to the planning services contracts for the Greater Southdale Area Small Area Plan. • Received feedback on the proposed parking policies at the City's 50th & France public parking ramps. • Approved the creation of a Sewer Access Charge Deferral Program. Following the completion of the City Council meeting, the Council met as the Edina Housing & Redevelopment Authority in order to approve an interfund loan for the Market Street redevelopment project and to execute a release agreement in exchange for the payment of delinquent park maintenance fees at 3300 Edinborough Way. Return to list. https://extranet.edinamn.gov/index.php?section=Council-meeting-summaries&prrid=679&print=yes 1/2 5- 173 CD U Q Y E co a E ) a E 0 c'•1-." O n E E o) E Ca) N (n w E E C E C (a O O O O O O O O O Y Z c c - N 'p �' 0 O'1 co J _6 _6 c0 '-� N Q) •us — ti ti CO a- 00 00 CO ti taJ C c L C 9 _. d a) a) o a) E E U Q u m m a o m E a)E o 2 U U „O U J E C as ca ca J a 3 a a m Q L rn LA y Z o ,-• o° o o O 0a as 0 - � ami r Y D to a) `� rn v 1.n co rn r� of N. r` in -0 CO -C C cn 0 C Q w E M C d o o Y o o CD D E E E E m .� O i a) a) o a) o a) c U a) w w > y w Q Q 0- . m E m a a) 2' N N 4) Cr) 4 7 a) U "C a -o -O D C E t6 UC C C C C C.:) rtsC 7 7 7 7 7 0 o . 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