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&t"ketbroiij,4"; to be reniovtd <br />Underlines to be added <br />An Ordinance Establishing an Interim Ordinance (Moratorium) on the Issuance <br />Street Disruption or Building Permits for Permanent Structures within the Publi <br />Rightf <br />-o-�Way for One Year from the MY.tiof This Ordinance and Exemptin <br />g <br />Current Franchise Holders I <br />WHEREAS, State. Statutes, Section 462.355, Subd. 4 authorizes a city to enact an interim <br />ordinance for the purpose of considering the adoption or amendment of official controls as defined <br />in chapter 462; and <br />WHEREAS, the city has received interest in permanent structures, including communication <br />towers and related structures and facilities, within the public right-of�way, and <br />WHEREAS, the City Council notes that official controls regulating the size, location, review <br />authority, and permitting for permanent structures with public rights-of-way are not clear and need <br />to be: updated to address future requests to locate within the public right-of-way; and <br />WHEREAS, the City Council identifies a need to make necessary changes to the city's official <br />controls regarding the location of permanent structures within the public right-of-way to preserve <br />the health, safety, and welfare of the residents and visitors; and <br />WHEREAS, the City Council has determined that it is critical to complete a comprehensive <br />review of and potential amendments to the city's official controls before approving street disruption <br />or building permits for permanent structures in rights-of-way. <br />NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Elk River does <br />hereby ordain as follows: <br />1. A Moratorium is hereby established, prohibiting the issuance of Street Disruption or <br />Building Permits for permanent structures within the public right-of-way. <br />2. However, a building peri'mit ma be granted if the following conditions are met: <br />A, If the permit is for the replacement of an existing structure within the public right-of- <br />way with a new structure in the sarrie location that is no larger or taller than existing <br />structure. <br />B. If the pertnit is for the repair of an existing structure within the public right-of-way, <br />and the repair will not expand the existing structure. <br />C. If the pern-rit is for the construction, repair, or maintenance of structures owned by <br />current franchise holders, <br />3, T'he City Council directs the Planning Depart mentand the Planning Corni-nission to <br />complete an analysis of issues associated with permanent structures locating within the <br />public right-of-way and develop a recommendation for the City Council to consider. <br />I NATURE <br />' a, , - Y--6- � fl, <br />