8.2. SR 03-21-2016City of
Elk —
River
Request for Action
To
Item Number
Mayor and City Council
8.2
Agenda Section
Meeting Date
Prepared by
General Business
March 21, 2016
Zack Carlton, Planning Manager
Item Description
Reviewed by
Moratorium on Permitting Permanent Structures in
Peter Beck, City Attorney
the Right -of -Way
Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt, by motion, an ordinance for a one-year moratorium on permits to locate permanent structures in
the right-of-way.
Background/Discussion
The city received draft plans and a letter introducing a project to construct a number of 120 -foot
communication towers within the right-of-way. City ordinances do not currently identify approval
procedures or required permits for these types of permanent structures, and staff is unsure if they are
permitted to locate in the right-of-way.
Staff and the City Attorney are concerned about long-term safety issues related to permanent structures
located along busy streets and intersections. There are also concerns with community aesthetics and
regulations regarding their appearance.
Nearby communities are beginning to receive applications for similar structures within the public right-
of-way. This is an issue all cites need to address in the near future. The moratorium will provide Elk River
with an opportunity to research best practices and amend our ordinances to preserve the health, safety,
and welfare of residents and visitors to the community.
Financial Impact
None
Attachments
■ Ordinance
P a w E A E U s r
NaA f RE]
iver
Ordinance 16 -
to be removed
Underlines to be added
An Ordinance Establishing an Interim Ordinance (Moratorium) on the Issuance of
Street Disruption or Building Permits for Permanent Structures within the Public
Right -of -Way for One Year from the Date of This Ordinance and Exempting
Current Franchise Holders
WHEREAS, State Statutes, Section 462.355, Subd. 4 authorizes a city to enact an interim
ordinance for the purpose of considering the adoption or amendment of official controls as defined
in chapter 462; and
WHEREAS, the city has received interest in permanent structures, including communication
towers and related structures and facilities, within the public right-of-way; and
WHEREAS, the City Council notes that official controls regulating the size, location, review
authority, and permitting for permanent structures with public rights-of-way are not clear and need
to be updated to address future requests to locate within the public right-of-way; and
WHEREAS, the City Council identifies a need to make necessary changes to the city's official
controls regarding the location of permanent structures within the public right-of-way to preserve
the health, safety, and welfare of the residents and visitors; and
WHEREAS, the City Council has determined that it is critical to complete a comprehensive
review of and potential amendments to the city's official controls before approving street disruption
or building permits for permanent structures in rights-of-way.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk River does
hereby ordain as follows:
1. A Moratorium is hereby established, prohibiting the issuance of Street Disruption or
Building Permits for permanent structures within the public right-of-way.
2. However, a building permit may be granted if the following conditions are met:
A. If the permit is for the replacement of an existing structure within the public right-of-
way with a new structure in the same location that is no larger or taller than existing
structure.
B. If the permit is for the repair of an existing structure within the public right-of-way,
and the repair will not expand the existing structure.
C. If the permit is for the construction, repair, or maintenance of structures owned by
current franchise holders.
3. The City Council directs the Planning Department and the Planning Commission to
complete an analysis of issues associated with permanent structures locating within the
public right-of-way and develop a recommendation for the City Council to consider.
NAYURE
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Underlines to be added
Passed and adopted by the City Council of the City of Elk River this 21st day of March, 2016.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
p I I I I 1 0 11
NATURE