The URL can be used to link to this page

Home My WebLink About5I ROW Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 24, 2017 AGENDA #: 5I PREPARED BY: SARAH SCHWARZHOFF, CITY ATTORNEY PRESENTED BY: SARAH SCHWARZHOFF, CITY ATTORNEY AGENDA ITEM: CONSIDER APPROVAL OF AN ORDINANCE AMENDINGCITY CODE SUBSECTION 106.600 PARTS 1 AND 7 RELATING TO RIGHT-OF-WAY PERMIT FEES AND REGULATION AND A RESOLUTION APPROVING A SUMMARY OF THE ORDINANCE AND AUTHORIZING ITS PUBLICATION DISCUSSION: Current Circumstances The City of Prior Lake updated its right-of-way ordinance in March. The State legislature recently adopted new regulations relating to the placement of small cell antenna in the right-of-way. This ordinance revises the City’s right-of-way ordinance for clarification and for consistency with the new State law. Staff is also working to update the zoning regulations related to antenna, however that will take longer due to new public notice requirements and the need for a public hearing at the planning commission. ISSUES: The new State law contains a number of ambiguities. As the law is interpreted by the courts we may need to return with additional revisions. In addition, the antenna related procedures are new for the City and clarifications or revisions may be necessary as staff works to implement the ordinance. FINANCIAL IMPACT: The proposed ordinance seeks to ensure that the City is reimbursed for all costs incurred in working with right-of-way users by imposing various fees and costs on users. ALTERNATIVES: 1. Motion and second to adopt the ordinance and resolution as proposed as part of the consent agenda. 2. Motion and second to remove the item from the consent agenda for additional discussion. RECOMMENDED MOTION: Alternative #1 ATTACHMENTS: Ordinance Summary Resolution 4646 Dakota Street SE Prior Lake, MN 55372 CITY OF PRIOR LAKE ORDINANCE NO. ____ AN ORDINANCE AMENDING CITY CODE SUBSECTION 106.600 RELATING TO RIGHT- OF-WAY PERMIT FEES, AMENDING CITY CODE SECTION 707 RELATING TO RIGHT- OF-WAY MANAGEMENT, AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. The City Council of the City of Prior Lake, Minnesota ordains: 1. City Code Part 1, Subsection 106.600 is amended by deleting the fees related to Right-of-Way Permits and replacing them with the following: Right-of-Way Permit and Telecommunication User Registration Right-of-Way Permit (waived for companies with franchise agreements with City) $250.00 Yearly Registration Fee for Online Program – paid by each applicant with the first Right-of-Way Permit they obtain each year $25.00 Delay Penalty $100.00 per day Right-of-Way Security - Boulevards (waived for companies with franchise agreements with City) $500.00 Right-of-Way Security - Streets 125% of restoration estimate Telecommunication User Registration Fee $250.00 Failure to Obtain Right-of-Way Permit or Failure to Register Double the Stated Fee 2. City Code Section 707, Subsection 707.300 is amended by revising the definition of “Director” by deleting the title “Engineering/Inspections Director” and replacing it with the title “Public Works Director”. 3. City Code Section 707, Subsection 707.300 is amended by revising the definition of “Right-of- Way” by: inserting the words “or deeded” after the word “dedicated”; deleting the word “purposes” after the word “travel”; and deleting the words “easements of the City” and replacing them with the word “purposes”. 4. City Code Section 707, Subsection 707.702 (1) is amended by: deleting the word “or” after the word “install” and replacing it with a comma; and inserting the phrase “, repair, remove or relocate” after the word construct. 5. City Code Section 707, Subsection 707.702 (2) a) is amended by deleting the phrase “permitted at sufferance only” and replacing it with the phrase “allowed only by permission of the Director”. 2 6. City Code Section 707, Subsection 707.703 (1) i) is amended by deleting the reference to “Subd. 4 C” and replacing it with a reference to “Subsection 707.705 (3)”. 7. City Code Section 707, Subsection 707.710 (2) c) is amended by deleting the phrase “will be considered” and replacing it with the phrase “may be considered by the Director”. 8. City Code Section 707, Subsection 707.710 (2) g) is amended by deleting the word “City” before the word “utility” in the final line. 9. City Code Section 707, Subsections 707.710 (3) b) is amended by deleting the word “poles” and replacing it with the word “structures”. 10. City Code Section 707, Subsection 707.710 (5) b) is amended by deleting the phrase “issued by the City” before the word “involving” in the second sentence. 11. City Code Section 707 is amended by replacing each use of the word “City” with the word “Director” in the following Subsections 707.709; 707.710 (1) l); 707.710 (1) r); 707.710 (2) g); 707.710 (2) k); 707.710 (4); 707.710 (5) b); 707.807; 707.810 (1). 12. City Code Section 707, Subsections 707.712 (1) is amended by deleting the referen ce to “7819” and replacing it with a reference to “7819.1300”. 13. City Code Section 707, Subsections 707.713 is amended by: deleting the word “or” after the word “installs” and replacing it with a comma; inserting the phrase “, repairs, removes or relocates” after the word constructs; and deleting the phrase “in the right-of-way” after the word “facility”. 14. City Code Section 707, Subsections 707.714 (1) is amended by deleting the phrase “its costs associated with” and replacing it with the phrase “the City’s costs incurred in”. 15. City Code Section 707 is amended by deleting Subsection 707.717 in its entirety and replacing it with the following: 707.717 Indemnification and Liability: By applying for and accepting a right-of-way permit the applicant and permit holder agree to indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and consultants harmless from any and all claims, damages, losses, costs and expenses, including attorneys’ fees, arising from, based on, or related to the right-of-way permit or the applicant’s or permit holder’s work within the right-of-way or on the facility all subject to Minnesota Rule 7819.1250. 16. City Code Section 707, Subsection 707.804 is amended by deleting the second sentence and replacing it with the following: “The fee shall be imposed on each registered facility both at the time of application and annually thereafter on January 1 of each year until the facility is removed from the right-of-way.” 3 17. City Code Section 707, Subsection 707.805 is amended by deleting provision (1) in its entirety and replacing it with the following: (1) Indemnification. By applying for and accepting a registration the applicant and registrant agree to indemnify, defend and hold the City and its employees, contractors, agents, representatives, elected and appointed officials, and consultants harmless from any and all claims, damages, losses, costs and expenses, including attorneys’ fees, arising from, based on, or related to the facility, including but not limited to the facility’s registration, design, location, installation, maintenance or other matters arising out of or related to the facility within the right-of-way all subject to Minnesota Rule 7819.1250. 18. City Code Section 707, Subsection 707.808 is amended by inserting the word “shall” after the word “registrant”. 19. City Code Section 707, Subsection 707.809 (2) is amended by inserting the phrase “or fails to comply with any federal, state or local law, rule or regulation.” at the end of the first sentence. 20. City Code Section 707, Subsection 707.811 (1) is amended by inserting a new second sentence to read as follows: “If the structure is owned by the City, a collocation or lease agreement may be required.” 21. City Code Section 707, Subsection 707.811 (3) a) is amended by deleting the number “fifteen (15)” and replacing it with the number “ten (10)” 22. City Code Section 707, Subsection 707.811 (3) b) is amended by inserting the text “fifty” in front of the number “50” and placing the number “50” in parentheses. 23. City Code Section 707, Subsection 707.811 (3) c) is amended by replacing the number “seven (7)” with the number “six (6)”; and deleting the phrase “and no one devise shall have a volume greater than three (3) cubic feet”. 24. City Code Section 707, Subsection 707.811 (3) is amended by deleting provision g) in its entirety and re-lettering provisions h), i) and j) as g), h) and i) respectively. 25. City Code Section 707, Subsection 707.811 (4) f) is amended by deleting the number “330” and replacing it with the number “three hundred (300)” 26. City Code Section 707, Subsection 707.811 (4) g) is amended by deleting the number “twenty- seven (27)” and replacing it with the number “twenty-eight (28)” 27. City Code Section 707, Subsection 707.902 is amended by inserting the number “707.900” at the end of the sentence after the word “Subsection”. 28. City Code Section 707, Subsection 707.903 is amended by deleting provision (1) in its entirety and replacing it with the following: 4 (1) New structures in the right-of-way shall be Permitted Uses subject to this Section, except that new structures in right-of-way abutting the following zoning districts: rural subdivision residential, low density residential, medium density residential, town center, and transitional town center, shall be Uses Permitted by Condition subject to this Section and City Code Section 1110 29. City Code Section 707, Subsection 707.903 (2) is amended by deleting the number “45” and replacing it with the number “fifty (50)” 30. City Code Section 707, Subsection 707.903 (3) e) is amended by deleting the phrase “in the right- of-way and from the nearest existing telecommunications facility”. 31. City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though repeated verbatim. 32. This Ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 24th day of July 2017. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor Published in the Prior Lake American on the 29th day of July 2017. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 17-____ A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. _____ AND ORDERING THE PUBLICATION OF SAID SUMMARY Motion By: Second By: WHEREAS, On July 24, 2017 the City Council adopted Ordinance No. ____ relating to right- of-way fees and management; and WHEREAS, Minnesota Statutes requires publication of an Ordinance in the official newspaper before it becomes effective; and WHEREAS, Minnesota Statutes also allows the publication of a summary of an ordinance if the Council finds that the summary is an accurate representation of the Ordinance; and WHEREAS, The City Council desires to publish a summary of the amendments to Parts 1 and 7 of the Prior Lake City Code and has determined the publication of a summary of this ordinance will meet the intent of the statute. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. Ordinance No. ____ is lengthy. 3. The text of summary of Ordinance No. ____, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance. 4. The title and summary shall be published once in the Prior Lake American in a body type no smaller than brevier or eight-point type. 5. A complete text of the newly amended City Code will be available for inspection at City Hall or in the Document Center on the City of Prior Lake Website after July 29, 2017. PASSED AND ADOPTED THIS 24th DAY OF JULY 2017. VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ _____________________________ Frank Boyles, City Manager 2 Exhibit A SUMMARY ORDINANCE NO. __________ CITY OF PRIOR LAKE ORDINANCE NO. ____ AN ORDINANCE AMENDING CITY CODE SUBSECTION 106.600 RELATING TO RIGHT-OF-WAY PERMIT FEES, AMENDING CITY CODE SECTION 707 RELATING TO RIGHT-OF-WAY MANAGEMENT, AND ADOPTING BY REFERENCE CITY CODE SECTION 104, WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS. The following is only a summary of Ordinance No. ___. The full text will be available for public inspection after ____ by any person during regular office hours at City Hall or in the Document Center on the City of Prior Lake Website. SUMMARY: The Ordinance amends Parts 1 and 7 of the City Code relating to right-of-way fees and management. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 24th day of July 2017. ATTEST: _________________________ __________________________ Frank Boyles, City Manager Kirt Briggs, Mayor Summary published in the Prior Lake American on the 29th day of July 2017.