7.9. SR 12-19-2016Request for Action
To
Item Number
Mayor and City Council
7.9
Agenda Section
Meeting Date
Prepared by
Public Hearin
December 19, 2016
BrieAnna Simon, Planner
Item Description
Reviewed by
City of Elk River
Zack Carlton, Planning Manager
■ Ordinance Amendment Relating to
Reviewed by
Structures in Right -of -Way
Cal Portner, City Administrator
Action Requested
Open and continue the public hearing to January 17, 2017.
Background/Discussion
Case No. OA 16-12
In early 2016, the city received an application to locate multiple 120 -foot tall wireless telecommunication
poles within city right-of-way. The telecommunication poles were planned to collect mobile data for use
with driverless cars and other emerging wireless technologies. As city code did not clearly identify how a
non-public utility would be reviewed or approved for a location in the right-of-way, a one-year
moratorium was passed on March 21, 2016, to provide city with an opportunity to study the implications
of permitting structures within the right-of-way. Minnesota law provides cities with the comprehensive
authority to manage their right-of-ways.
The Planning Commission reviewed an ordinance amendment that would prohibit new structures in the
right-of-way and encourage co -location of all small cell sites on existing utility infrastructure. Staff met
with Elk River Municipal Utilities to discuss their process and to incorporate that into the city's
ordinances.
However, in finalizing the ordinance to regulate these structures per direction from the Planning
Commission, staff has identified potential conflicts with existing ordinances that need to be looked at
more carefully. Staff recommends continuing the public hearing to January 17, 2016, to provide time to
ensure there are no conflicts with existing ordinances. The one-year moratorium expires on March 21,
2017, and the amendment will be adopted prior to expiration.
Financial Impact
None
Attachments
■ None
AR
Ordinance Amendment
City of Elk River
�-W�
ver
Background
■ Application to locate a 120' wireless
telecommunication pole in the right-of-
way (RO�
■ Moratorium was passed in March of
2016
■ to study permitting structures with
in the ROW
■ MN law provides cities with
comprehensive authority to manage
their ROWS
Background
■ Regulation approach
■ Zoning ordinance
■ ROW management ordinance
■ Tower/ telecommunication ordinance
■ Opportunity to Regulate:
■ Location Setbacks
■ Design ■ Finishes
■ Height ■ Review Processes
■ Lighting 0 Etc.
Existing Policies —Municipal Utility Department
■ Ability to located within the ROW
■ Lease space on existing facilities
■ Pole Attachment Agreement
■ Ensures the safety of the community
■ Fee
Staff's Recommendations
■ Two options for regulating telecommunication facilities:
■ Allow wireless telecommunication facilities to locate
on existing facilities with complete approval from the
Elk River Municipal Utilities Commission.
■ Allow wireless telecommunication facilities to locate
underground with one switchboard cabinet not to
exceed 30 inches in height.
Planning Commission Guidance:
■ Does the Planning Commission have any hesitations
with these two options?
■ Would the Planning Commission like to see the
ordinance be more or less restrictive?
Action Requested
■ Recommend, by motion, approval of the Ordinance
Amendment as proposed.
-or-
0 Table the Ordinance Amendment until the December
271 2016 meeting to incorporate the provided direction.
Nng;
THIS SITE PLAN WAS GENERATED WfTHOUT THE USE
OF A SURVEY. PROPERTY UNES. POWER & TELCO
UTILITY PINT CONNECTIONS/ROUTES AND EASEMENTS
SHOWN ON THESE PLANS ARE ESTIMATED.
ri
NOM
PROPOSED 12 0'-/.l
W•
PROPOSED 120'0' POLE IN THE R.O.W.
R.O.W. BOUNDARIES TO BE CONFIRMED AFTER
Z SURVEY
A
1
16
OL
n EXHIBIT PHOTO — GENERIC (NOT SITE SPECIFIC)
SCALE: N.T.S.
R•. ♦ - VIE
Y SITE
a ur�I► rwr -
lob .s
L AERIAL SITE LOCATION3 ENLARGED SITE PLAN I
SCALE: N.T.S. SCALE:N.T.S.