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ORD 16-05&t"ketbroiij,4"; to be reniovtd Underlines to be added An Ordinance Establishing an Interim Ordinance (Moratorium) on the Issuance Street Disruption or Building Permits for Permanent Structures within the Publi Rightf -o-�Way for One Year from the MY.tiof This Ordinance and Exemptin g Current Franchise Holders I 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 peri'mit ma 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 sarrie location that is no larger or taller than existing structure. B. If the pertnit 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 pern-rit is for the construction, repair, or maintenance of structures owned by current franchise holders, 3, T'he City Council directs the Planning Depart mentand the Planning Corni-nission 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. I NATURE ' a, , - Y--6- � fl, to be removed Underhne to be added Passed and adopted by the City Councilof the City of Elk River this 21st day of March, 201k o nj. ietz' a r AITEST 7 « d\ \ ����©� Tina Allard, City Clerk p 0 1 E R 1 0 B Y NATUREI AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF SHERBURNE Charlene Vold being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Star News with the known office of issue being located in the county of: SHERBURNE with additional circulation in the counties of: WRIGHT and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 03/26/2016 and the last insertion being on 03/26/2016. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat_ §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, Subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 03/26/2016 by Charlene Vold. ' .A vkA Notary Public vvwv'wvV VY4/'► at'+�i� ,� - DARLENE MARIE MACPHERSON ' Notary Public -Minnesota ;,•� My ComrniWon Explren Jan 31, 2418 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $23.00 per column inch Ad ID 525995 CITY OF ELK RIVER ORDINANCE 16 - 05 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, Sec- tion 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 regu- lating the size, location, review authority, and permitting for per- manent structures with public rights-of-way are not clear and need to be updated to address fu- ture requests to locate within the public right-of-way; and WHEREAS, the City Council identities a need to make neces- sary 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 ap- proving street disruption or building Permits for permanent structures in rights-of-way. NOW, THEREFORE, BE IT RE- SOLVED, by the City Council of the City of Elk River does hereby ordain as follows: 1. A Moratorium is hereby es- tablished, 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 re- placement 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 exist- ing 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 struc- ture. C. If the permit is for the con- struction, repair, or maintenance of structures owned by current fran- chise holders. 3. The City Council directs the Planning Department and the Plan- ning 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. Passed and adopted by the City Council of the City of Elk River this 21 st day of March, 2016. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Published in the Star News March 26, 2016 525995