Laserfiche WebLink
CITY OF LAKE ELMO <br /> COUNTY OF WASHINGTON <br /> STATE OF MINNESOTA <br /> ORDINANCE NO. 08-185 <br /> AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY <br /> ADDRESSING SMALL CELL WIRELESS FACILITIES IN THE RIGHT-OF-WAY <br /> SECTION 1. The City Council of the City of Lake Elmo hereby amends Title IX: General <br /> Regulations; Chapter 94: Right-of-Way Management Permits by amending the following: <br /> GENERAL PROVISIONS <br /> I�§94.01 FINDINGS AND PURPOSE. <br /> (A) To provide for the health, safety, and well-being of its citizens, and to ensure the <br /> structural integrity of its streets and the appropriate use of the rights-of-way, the city strives to <br /> keep its rights-of-way in a state of good repair and free from unnecessary encumbrances. <br /> Although the general population bears the financial burden for the upkeep of the rights-of-way, a <br /> primary cause for the early and excessive deterioration of its rights-of-way is frequent <br /> excavation. <br /> (B) Right-of-way obstruction is a source of frustration for merchants, business owners, and <br /> the general population which must avoid these obstructions or change travel or shopping plans <br /> because of them and has a detrimental effect on commerce. Persons whose equipment is within <br /> the right-of-way are the primary cause of these frequent obstructions. <br /> (C) The city holds the rights-of-way within its geographical boundaries as an asset in trust for <br /> its citizens. The city and other public entities have invested millions of dollars in public funds to <br /> build and maintain the rights-of-way. The city also recognizes that some persons, by placing <br /> their equipment in the right-of-way and charging the citizens of the city for goods and services <br /> delivered thereby, are using this property held for the public good. Although the services are <br /> often necessary or convenient for the citizens, the persons receive revenue and/or profit through <br /> their use of public property. <br /> (D) The Minnesota Legislature has recognized that it is in the public's interest that the use <br /> and regulation of rights-of-way be carried on in a fair, efficient, competitively neutral, and <br /> substantially uniform manner while recognizing the regulation must reflect distinct engineering, <br /> construction, operation, maintenance, and public and worker safety requirements and standards <br /> applicable to various users of rights of way. Further, the Legislature has determined that because <br /> increasing numbers of persons may seek usage of rights-of-way, municipalities such as the city <br /> must be and have been authorized to regulate use of rights-of-way. Consistent with this <br /> mandate, the city has endeavored to model its right-of-way regulations consistent with those of <br /> models enacted or under consideration by municipalities throughout the state. Further, the city <br /> has endeavored to create competitively neutral rights-of-way standards and regulations of <br /> general applicability. <br /> (E) In response to the foregoing facts, the city hereby enacts this chapter relating to right-of- <br /> way management. This chapter imposes reasonable regulations on the placement and <br /> maintenance of facilities currently within its rights-of-way or to be placed therein at some future <br /> time. It is intended to complement the regulatory roles of state and federal agencies. Under this <br /> 1 <br />