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2015.05.19 Work Session Packet (1st) Posted: May 15, 2015 CRYSTAL CITY COUNCIL FIRST WORK SESSION AGENDA Tuesday, May 19, 2015 6:30 p.m. Conference Room A Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the first work session of the Crystal City Council was held at ______ p.m. on Tuesday, May 19, 2015 in Conference Room A located at 4141 Douglas Drive, Crystal, Minnesota. I. Attendance Council members Staff ____ Deshler ____ Norris ____ Kolb ____ Ray ____ Libby ____ Revering ____ Parsons ____ Gilchrist ____ Peak ____ Serres ____ Adams ____ Dahl II. Agenda The purpose of the work session is to discuss: 1. Amending Section 802 of the City Code regarding placement of utilities * Denotes no supporting information included in the packet. III. Adjournment The work session adjourned at ______ p.m. Auxiliary aids are available upon request to individuals with disabilities by calling the City Clerk at (763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov 4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Memorandum DATE: May 12, 2015 TO: Mayor and City Council FROM: Anne Norris, City Manager SUBJECT: Amendment to Section 802 – Placement of Telecommunication Utilities Section 802 of the City Code regulates the public right of way and what and where utilities can be placed in the right of way. Section 802.45 requires all new construction and new telecommunication utilities to be placed underground or within buildings. It has come to staff’s attention that this provision may not make sense given existing telecommunication utilities have aerial lines, particularly in rear residential yards. Staff is suggesting that this section of Section 802 be amended to allow for placement of new telecommunication aerial lines in rear residential yards, providing certain conditions are met and permits are issued for such work. Attached is a draft of the proposed amendment. The City Attorney, Public Works Director and I will be at the May 19 work session to answer questions on the proposed amendment to Section 802. Attach: DRAFT 5-13-15 461192v2 TJG CR205-30 CITY OF CRYSTAL ORDINANCE #2015-____ AN ORDINANCE RELATING TO THE PLACEMENT OF UTILITY FACILITIES; AMENDING SECTION 802.45 OF THE CRYSTAL CITY CODE The City of Crystal ordains: Section 1. Chapter VIII, Section 802.45 of the Crystal city code is hereby amended by adding the double underlined material and deleting the stricken material as follows: 802.45. Location of facilities. Subdivision 1. Undergrounding. Unless otherwise permitted by an existing franchise, new construction and installation of new facilities and replacement or relocation of old facilities shall be done underground or contained within buildings or other structures in conformity with applicable codes. Notwithstanding the foregoing, the city may expressly allow, as part of the permit it issues, the placement of additional above ground facilities or the replacement of existing above ground facilities without requiring undergrounding if the utility poles on which the facilities are to be placed are: (1) existing; (2) located within a residential zoning district; (3) are entirely or primarily in the rear yards of residential parcels; (4) are not within an alley; and (5) are not adjacent to open areas such as parks or streets so that the facilities are readily visible to the public. A permit may allow the placement of above ground facilities even if the utility poles cross a street, provided the street is classified as a local street on the Metropolitan Council’s Functional Classification Map and the utility poles otherwise satisfy the criteria in this section to allow above ground facilities. The permit may allow the placement of additional utility poles between the existing utility poles if needed to support the additional facilities. The city, in the exercise of its reasonable discretion, shall determine whether a request to place above ground facilities satisfies criteria in this section and is otherwise consistent with the intent of this chapter. All other new or replacement facilities must be undergrounded. If the facilities for which the utility poles were originally erected are undergrounded, all other facilities on the utility poles must also be undergrounded. Section 2. This ordinance is effective upon adoption and 30 days after publication. First Reading: ____________, 2015 Second Reading: __________, 2015 Council Adoption:_________, 2015 Publication: Effective Date: BY THE CITY COUNCIL Jim Adams, Mayor ATTEST: ____________________________ Christina Serres, City Clerk