(A) Placement. Placement, location and relocation of facilities must comply with the M.S. §§ 237.162 and 237.163, as they may be amended from time to time, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities.
(B) Corridors. The city may assign specific corridors within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue.
(C) Limitation of space. Subject to M.S. § 237.163, as it may be amended from time to time, to protect health, safety, and welfare or when necessary to protect the right-of-way and its current use, the city shall have the power to deny permits and the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public’s needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest.
(Ord. 02-2018, passed 4-10-2018)