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City Council Regular
Meeting Date: 01/16/2018  
Subject:    Consider Introduction of an Ordinance Amending Chapter 10-200 Right-of-Way Management
Submitted For: Tim Himmer From: Sarah Greene, Administrative Assistant II

City Council is asked to consider the introduction of an ordinance amendment to the Right-of-Way Management code, incorporating recent state legislation around small cell wireless technology and updating obsolete information.
Small cells, like full-sized cellular towers, provide access points by which groups of individuals can browse the internet, send and receive text messages, and make phone calls. However, unlike cellular towers, small cells take up significantly less space. In the 2017 legislative session, the Legislature amended Minnesota’s Right-of-Way User statutes to specifically address small wireless facilities and the support structures on which those facilities may attach.

The City Attorney and several staff have consulted with the League of Minnesota Cities and other metro cities regarding this new technology. This proposed ordinance will address how to appropriately handle requests from private telecommunications companies to install small cellular and support antennas on existing facilities within the public right-of-way (streetlights, traffic signals, signs, etc.).

While reviewing the Right-of-Way Management code, several items were discovered to be outdated so additional updates were deemed necessary and are included in the attached draft ordinance. Generally, the proposed revisions include the addition of language related to small cell technology, updates to Statute references, consolidation of specific permits and fees to better reflect how ROW management is being administered, and clarification of restoration requirements.
Staff recommends introducing an ordinance amending Right-of-Way Management.

Right of Way Ordinance

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