7.5. SR 01-17-2017 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.5
Agenda Section Meeting Date Prepared by
Public Hearin� lianuary17, 2017 BrieAnna Simon, Planner
Item Description Reviewed by
Ordinance Amendment: Structures in Right-of- Zack Carlton,Planning Manager
Way, City of Elk River Reviewed by
Cal Portner, City Administrator
Action Requested
Adopt,by motion, the Ordinance Amendment as proposed.
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 (ROW). City code did not clearly identify how a
nonpublic utility would be reviewed or approved for a location in the ROW; a one-year moratorium was
passed on March 21, 2016, to study the implications of permitting structures within the ROW.
Minnesota law provides cities the comprehensive authority to manage their ROW.
In order to regulate the ROWs, staff recommends an ordinance prohibiting the placement of all
structures in the ROW, except those used by public utility companies. The ROW should remain clear and
unencumbered to minimize risk to the public while using these public areas.
Nonpublic utility companies desiring to locate near public roads may co-locate on existing public
infrastructure. Elk River Municipal Utilities (ERMU) currently allows wireless telecommunication
equipment on exciting facilities in the ROW or within easements. Private companies are able to lease
space on existing facilities by signing a"Pole Attachment Agreement" requiring a commitment to ensure
community safety and a small fee. These agreements are reviewed and approved by ERMU. Private
companies wishing to co-locate on other public utilities in the ROW will need to go through the
appropriate review process with those companies. The moratorium expires on March 21, 2017.
Planning Commission Meeting
No one spoke for or against the request and no comments were received. The Planning Commission
unanimously recommended an ordinance amendment prohibiting new structures in the ROW and
encouraging co-location of all small cell sites on existing utility infrastructure.
Financial Impact
None
Attachments
■ Ordinance Section 30-XXXX -Wireless Telecommunication Facilities
■ Elk River Municipal Utilities Pole Attachment Agreement
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City of
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River Ordinance 17 -
An Ordinance Adding Section, 30-807, Structures in the Right-of-Way to the City
of Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § Section 30-807, Structures in the Right-of-Way, shall be added to the City
of Elk River Code of Ordinances, and read as follows:
Sec. 30-807. — Structures in a Right-of-way.
(a) Definitions. The definitions in section 30-1 are applicable in this section.
(b) Structures which do not meet or exceed the following standards shall not be permitted within a
dedicated right-of-way or roadway easement.
(1) Co-location. Non-public or private equipment may co-locate on existing public infrastructure
(e.g.,utilitypoles, street light, etc.) with approval from the owner of the existing structure.
(2) Mechanical E9uoment. All mechanical equipment shall be installed underground,with the
exception of mechanical equipment cabinets (structures) in accordance with the following_
i. Not greater than 30 inches in height or nine square feet in area;
ii. Setback ten feet from the back of curb or edge of travel lane,whichever is greater;
iii. A commercial building permit must be obtained from the Building Official; and
iv. Mechanical equipment must be in compliance with all laws, ordinances,rules and
regulations of the city,including specifically,but not limited to, the city and state building
and electrical codes,where appropriate.
(3) Environmental. Structures shall comply with all environmental setback and applicable
regulations as outlined in Section 30-1852.
(4) Stomv)ater. Structures shall maintain all pre-existing drainage patterns and shall not interfere
with existing stormwater infrastructure.
(c) Exemption. Any public facilities owned and operated by the city, county, state, or federal
government shall be exempt from the requirements of this section.
SECTION 2. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 17th day of January, 2017.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
URE
Last Updated il7asch 2014 INATI