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EGty1� ,.,�� Request for Action <br /> River <br /> To Item Number <br /> Mayor and City Council 7.5 <br /> Agenda Section Meeting Date Prepared by <br /> Public Hearin� lianuary17, 2017 BrieAnna Simon, Planner <br /> Item Description Reviewed by <br /> Ordinance Amendment: Structures in Right-of- Zack Carlton,Planning Manager <br /> Way, City of Elk River Reviewed by <br /> Cal Portner, City Administrator <br /> Action Requested <br /> Adopt,by motion, the Ordinance Amendment as proposed. <br /> Background/Discussion <br /> Case No. OA 16-12. In early 2016, the city received an application to locate multiple 120-foot tall wireless <br /> telecommunication poles within city right-of-way (ROW). City code did not clearly identify how a <br /> nonpublic utility would be reviewed or approved for a location in the ROW; a one-year moratorium was <br /> passed on March 21, 2016, to study the implications of permitting structures within the ROW. <br /> Minnesota law provides cities the comprehensive authority to manage their ROW. <br /> In order to regulate the ROWs, staff recommends an ordinance prohibiting the placement of all <br /> structures in the ROW, except those used by public utility companies. The ROW should remain clear and <br /> unencumbered to minimize risk to the public while using these public areas. <br /> Nonpublic utility companies desiring to locate near public roads may co-locate on existing public <br /> infrastructure. Elk River Municipal Utilities (ERMU) currently allows wireless telecommunication <br /> equipment on exciting facilities in the ROW or within easements. Private companies are able to lease <br /> space on existing facilities by signing a"Pole Attachment Agreement" requiring a commitment to ensure <br /> community safety and a small fee. These agreements are reviewed and approved by ERMU. Private <br /> companies wishing to co-locate on other public utilities in the ROW will need to go through the <br /> appropriate review process with those companies. The moratorium expires on March 21, 2017. <br /> Planning Commission Meeting <br /> No one spoke for or against the request and no comments were received. The Planning Commission <br /> unanimously recommended an ordinance amendment prohibiting new structures in the ROW and <br /> encouraging co-location of all small cell sites on existing utility infrastructure. <br /> Financial Impact <br /> None <br /> Attachments <br /> ■ Ordinance Section 30-XXXX -Wireless Telecommunication Facilities <br /> ■ Elk River Municipal Utilities Pole Attachment Agreement <br /> POWERED 6T <br /> A IR <br />