7.9. SR 12-19-2016 - Laserfiche WebLink

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Request 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