HomeMy WebLinkAboutItem 08September 12, 2013
SEPTEMBER 16, 2013 CITY COUNCIL MEETING
OVERHEAD UTILITY ORDINANCE
Proposed Action
Item No.
Staff recommends adoption of the following motion: Move to approve an ordinance amending
Chapter 7 -6 -1 of the City Code.
Approval of this motion will amend Chapter 7 -6 -1 to clarify the burial of existing overhead
utilities adjacent to new developments.
Overview
Chapter 7 -6 -1 of the City Code has been historically interpreted to require not only new utility
lines within developments to be placed underground, but also requiring existing overhead utility
lines adjacent to the new development to be placed underground.
It was brought to staffs attention during the preliminary plat review of the 190th Street
Development, that Chapter 7 -6 -1 of the City Code does not give the City the express authority
to require the developer to bury existing overhead utilities lines adjacent to the development.
Therefore, to maintain consistency with past and current practices regarding the burial of
overhead utilities, staff recommends Chapter 7 -6 -1 of the City Code be revised to clarify that
existing overhead utility lines adjacent to new plats be buried or an escrow be submitted for the
future burial of the overhead utilities.
Primary Issues to Consider
• Does the City have the authority to amend the ordinance to require existing overhead utility
lines to be placed underground adjacent to new developments?
• What is the impact if Chapter 7 -6 -1 is not amended to require the burial of existing overhead
utility lines?
Supportina Information
• Staff analysis of primary issues.
lyn (. Kuennen, Administrative Services Manager
Financial Impact: $ None Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.): Zoning and Subdivision Ordinances and City Code
Notes:
STAFF ANALYSIS OF PRIMARY ISSUES
• Does the City have the authority to amend the ordinance to require existing
overhead utility lines to be placed underground adjacent to new developments?
Minnesota State Statue 462.358 Official Controls: Subdivision Regulations provides the
City with the authority to regulate the size, location, grading, and improvement of lots,
structures, public areas, streets, roads, trails, walkways, curbs and gutters, water supply,
storm drainage, lighting, sewers, electricity, gas, and other utilities.
• What is the impact if Chapter 7 -6 -1 is not amended to require the burial of existing
overhead utility lines?
If Chapter 7 -6 -1 of the City Code is not amended to require overhead utility lines to be
buried adjacent to new developments, the overhead utility lines would remain until such time
as the utility company relocates the lines underground or the lines are buried as part of a
public improvement project that may be financed by assessing adjacent property owners or
with property taxes.
2
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA, COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 7, CHAPTER 6
OF THE LAKEVILLE CITY CODE
CONCERNING UNDERGROUND UTILITIES
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1 . Section 7 -6 -1 of the Lakeville City Code is amended to read:
7 -6 -1: UNDERGROUND INSTALLATIONS IN NEW DEVELOPMENTS
All new and existing p ermanent electric and telephone lines, excluding main
feeder lines and high voltage electric transmission lines in excess of fifteen (15)
kilovolts' capacity, and all other communication circuits and services as defined in
the national electrical code on or in an adjacent right-of be placed
underground when. ins+A" °a in the following areas or when installed for the
following types of customers:
A. In all new residential subdivisions or plats containing six (6) or more dwelling
units;
B. To all new multiple dwellings of four (4) or more family units;
C. To all new commercial or industrial developments.
All owners, platters or developers of the types of developments listed above are
responsible for complying with the requirements of this section and, prior to the final
approval of any plat or development plan, shall submit to the city council written
instruments from the appropriate utility companies showing that all necessary
arrangements with said companies for underground installation of such utilities have been
made.
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SECTION 2 . This ordinance shall be effective immediately upon its passage.
ADOPTED this day of , 2013, by the City Council of the
City of Lakeville, Minnesota.
CITY OF LAKEVILLE
Matt Little, Mayor
ATTEST:
Charlene Friedges, City Clerk
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