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HomeMy WebLinkAboutItem 06.t Date: Item No. AN ORDINANCE AMENDING TITLE 7, CHAPTER 15 OF THE LAKEVILLE CITY CODE CONCERNING RIGHT-OF-WAY MANAGEMENT Proposed Action Staff recommends adoption of the following motion: Move to adopt an ordinance amending Title 7, Chapter 15 of the Lakeville City Code concerning the installation of small wireless facilities and wireless support structures pursuant to Minnesota Statutes §§ 237.162 - 237.163 and adoption of the summary ordinance for publication. Overview In 2017 the Minnesota legislature amended Minnesota’s Right-of-Way Law to address the installation of small wireless facilities and wireless support structures within the public right-of-way by private service providers. The amended state law also provides guidelines for local governments to regulate the placement and installation of the equipment within the right-of-way. In December of 2017, Title 7, Chapter 15 of the Lakeville City Code, which regulates the use and management of the City’s right- of-way, was revised to address the state law changes and the deployment requirements of small wireless facilities. In September of 2018 the Federal Communications Commission (FCC) adopted an order accelerating the deployment of small wireless facilities. The FCC rules and the legislation passed by the State of Minnesota conflict in some respects, but the FCC rules indicate that states may have rules that are independent of and in addition to the FCC ruling. The FCC rules also indicated any aesthetic standards regarding the siting of wireless communication equipment must be adopted by April 15, 2019. Staff reviewed the City’s right-of-way management ordinance and recommends the following changes to provide additional clarity regarding aesthetic standards and to remain consistent with Minnesota Statutes §§ 237.162 - 237.163 and the FCC ruling. Primary Issues to Consider Will additional amendments to the City’s right-of-way management ordinance be required in the future? • Due to the FCC ruling being in conflict with some local and state regulations, additional amendments may need to be considered by the State of Minnesota and local governments as pending litigation moves through the court system. Financial Impact: No Budgeted: Y☐ N☐ Source: Related Documents: Envision Lakeville Community Value: Good Value for Public Services Report Completed by: Allyn Kuennen, Assistant City Administrator February 4, 2019 ORDINANCE NO. 1007 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 7, CHAPTER 15, SECTION 11 OF THE LAKEVILLE CITY CODE CONCERNING RIGHT-OF-WAY MANAGEMENT THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: SECTION 1. Title 7, Chapter 15, Section 7-15-11 of the Lakeville City Code is amended to read as follows: 7-15-11: ISSUANCE OF PERMIT; CONDITIONS: A. Permit Issuance: If the applicant has satisfied the requirements of this chapter, the city shall issue a permit. B. Conditions: The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the public health, safety and welfare or, when necessary, to protect the right of way and its current and future use. 1. Installation, placement, location and relocation of facilities shall comply with all federal, state and local laws. 2. Installation of all underground utilities shall be in accordance with the underground utilities regulations set forth in this section and all other applicable federal, state and local laws. 3. Precautions shall be taken as are necessary to avoid creating unsafe or unsanitary conditions. 4. Project operations and work shall be conducted in a manner so as to ensure the least obstruction to and interference with present and continued use of the right of way. 5. Precautions shall be taken to assure the safety of the general public, employees, invitees and those who require access to abutting property, including appropriate signage. 6. The permittee shall notify abutting property owners with a forty-eight (48) hour written notice prior to commencement of any permitted project. 7. The permittee involved in underground projects shall register with Gopher State One Call and comply with the requirements thereof. 8. The permittee shall comply with the "Minnesota Manual on Uniform Traffic Control Devices" (MMUTCD) at all times during any project work and shall protect and identify excavations and work operations with barricade flags in the daylight hours and by warning lights at dusk and night. 9. The permittee shall comply with all conditions of the permit. 10. When any trail, sidewalk or driveway has been cut, city approved signage must be kept in place and maintained until restoration is complete. 11. The permittee shall provide proper trench protection as required by OSHA to prevent any cave in; injury to property or persons; or enlargement of the excavation. 12. Excavations, trenches and jacking pits off the roadway surface area or adjacent to the roadway or curbing shall be sheathed and braced. When unattended, all excavations, trenches and jacking pits shall be secured and protected to prevent surface drainage and access by unauthorized persons. 13. The permittee shall protect the root growth of trees and shrubbery located within the right of way and adjacent thereto. Facilities shall be placed outside of the current and/or future mature dripline of the tree to prevent future tree-facility conflicts. 14. The permittee shall coordinate project work and installation of facilities in collocations involving other right of way users. 15. The permittee shall maintain access to all properties and cross streets during project work, including emergency vehicle access. 16. The permittee shall physically locate property lines abutting the project work. The permittee shall replace, with the services of a Minnesota licensed surveyor, any property corners or monuments disturbed as a result of the project. 17. The permittee shall complete restoration of the right of way in conformance with this section. 18. No permittee, or any agent, subcontractor or employee thereof, shall use lugs (steel tracks) on any roadway surfaces. 19. The permittee shall remove daily, or as required by the city, all dirt or debris from sidewalks, trails, public and private roadway surfaces and curbs and gutters during project work. 20. The permittee shall obtain all other necessary permits, licenses and approvals, pay all required fees therefor and comply with all requirements of local, state and federal laws. 21. The permittee shall not do any work outside the project area as specified in the permit. 22. The permittee shall conduct a public informational meeting for all major projects as deemed necessary by the city. 23. In new subdivisions in which public utilities have been constructed, permit applications will not be accepted for review prior to construction plan completion by the subdivider's engineer and the mapping requirements specified in section 7-15-23 of this chapter have been satisfied. Construction plans shall be submitted to the small utility companies by the subdivider. 24. Trenchless excavation/directional boring is prohibited more than forty-eight inches (48") below grade unless the city engineer finds as built record drawings indicate that there are no existing utilities in the vicinity that could be impacted. C. Small Wireless Facility Conditions. In addition to part B, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right of way, shall be subject to the following conditions: 1. A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. 2. No new wireless support structure installed within the right of way shall exceed 50 feet above ground level in height without the city’s written authorization, provided that the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right of way and its current use, and further provided that a wireless support structure that replaces an existing wireless support structure in the public right of way that is greater than fifty (50) feet above ground level in height may be placed at the height of the existing wireless support structure, subject to such conditions or requirements as may be imposed in the applicable permit. 3. No wireless facility constructed in the right of way after May 30, 2017 may extend more than ten (10) feet above a wireless support structure existing on May 30, 2017. 4. Where an applicant proposes to install a new wireless support structure in the right of way, the city may impose separation requirements between such the new wireless support structure and may not be located within six hundred (600) feet of any existing wireless support structure or other facilities in and around the right of way. 5. All new or replacement wireless support structure and equipment shall match the surrounding poles in structure, materials, and color. 6. Wireless support structures shall be of a monopole design not exceeding eighteen (18) inches in diameter. 7. All electric, telephone, cable, fiber, or other utility lines necessary to operate a small wireless facility shall be installed within the applicable wireless support structure where practicable. All of a small wireless facility that is affixed to a wireless support structure which has exterior exposure shall be as close to the color of the wireless support structure as is commercially available. Electrical, telephone, cable, fiber, or other utility lines are not allowed to be coiled or rolled up and externally attached to the support structure or equipment boxes. 8. Where an applicant proposes collocation on a decorative wireless support structure, sign, or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance, or intended purpose of such structure. 9. Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. 10.No small wireless facility shall be collocated on any City owned traffic control device. D. Small Wireless Facility Agreement: A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the city, or any other city asset in the right of way, after applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of the following: 1. Management costs; 2. Up to $150 per year for rent on the city structure; 3. $25 per year for maintenance associated with the collocation; 4. A monthly fee for electrical service as follows: a. $73 per radio node less than or equal to 100 maximum watts; b. $182 per radio node over 100 maximum watts; c. The actual cost of electricity, if the actual cost exceed the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then-existing agreement between the city and applicant. E. County Or State Right Of Way: Any right of way user who is required to obtain any county or state permit for excavation or obstruction in any Dakota County or Minnesota department of transportation right of way must provide notification of permitting to the city within one week of obtaining the permit but no less than forty eight (48) hours before the excavation would begin. SECTION 2. This Ordinance shall take effect following its passage and publication on _____________, 2019. ADOPTED this _____ day of _________________, 2019, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: ___________________________________ Douglas P. Anderson, Mayor ATTEST: ___________________________________ Charlene Friedges, City Clerk CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUMMARY ORDINANCE NO. 1007 AN ORDINANCE AMENDING TITLE 7, CHAPTER 15 OF THE LAKEVILLE CITY CODE CONCERNING RIGHT-OF-WAY MANAGEMENT NOTICE IS HEREBY GIVEN that on February 4, 2019, Ordinance No. 1007 was adopted by the City Council of the City of Lakeville. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 1007, the following summary of the ordinance has been prepared for publication: Ordinance No. 1007 amends City Code Title 7, Chapter 15 concerning right-of-way management with respect to small wireless facilities and wireless support structures pursuant to Minnesota Statutes §§ 237.162-237.163. A printed copy of the whole ordinance is available for inspection by any person at the City Clerk’s office during regular office hours or on the City’s website. APPROVED for publication by the City Council of the City of Lakeville, Minnesota this 4th day of February 2019 CITY OF LAKEVILLE By: ________________________________ Douglas P. Anderson, Mayor ATTEST: ________________________________ Charlene Friedges, City Clerk