ITEM: 10.2A CONSENT AGENDA - Robert Therres, Public Services Manager
Title
CHAPTER 70 - PUBLIC RIGHT-OF-WAY MANAGEMENT
SECOND READING
Background
In general, this right of way ordinance establishes the legal authority for the City to manage the public right of way, establishes policies and procedures for those wishing to locate facilities, such as private utilities, within the public right of way and serves to protect the health, safety and welfare of the public and ensure the integrity of the City streets and right of way. This ordinance was tailored to meet the needs of the City of Blaine and is based on a comprehensive model right of way ordinance developed by the League of Minnesota Cities for use by its member cities.
At the April 4, 2013 Council Workshop staff presented a final draft of the right of way ordinance and fee schedule for Council review and approval. The final draft of the ordinance and fee schedule was sent to the main right of way users for comment on April 11, 2013 with a comment period deadline of May 6, 2013 for any comments to be included with this Council item.
US Bench returned comments, which are attached at the end of this item. Their comments focused on two main areas and would require changing the proposed ordinance language to address them:
- They do not want the City to require them to get written permission from MnDOT or the County when locating benches within MnDOT or County right of way. They say that MnDOT already regulates their right of way with their own permits and that it has been their experience that counties prefer when the City regulates the locations within County right of way.
- They do not feel that the language allowing the City to direct the owner of the bench to place and maintain a trash receptacle to address specific litter issues is warranted due to the cost and other people leaving their trash in it.
Excel Energy also returned comments which are attached. Their comments do not ask for any changes to the ordinance language and are more for clarification on certain issues that can be worked out at a staff level when dealing with utility permits and mapping requirements.
Chapter 70 of the Blaine Code of Ordinances is being amended by removing Section 70.3 Telecommunications permit and adding Article III - Public Right of Way Management which now includes the telecommunication permit information.
Ordinance No. 13-2264 was introduced for first reading at the May 16, 2013 City Council meeting and is presented at this time for adoption.
Recommendation
By motion, approve Ordinance No. 13-2264.