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    7.    
City Council Regular
Meeting Date: 02/07/2018  
Subject:    Consider Adoption of Ordinance 2204 Amending City Code 10-200 (Right-of-Way Management)
Submitted For: Tim Himmer From: Sarah Greene, Administrative Assistant II

INTRODUCTION
City Council is asked to consider adopting an ordinance amending the Right-of-Way Management code to incorporate recent state legislation around small cell wireless technology and update obsolete information.
DISCUSSION
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.

This ordinance, introduced on January 16, 2018, addresses 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.). The City Attorney and several staff have consulted with the League of Minnesota Cities and other metro cities regarding this new technology.

While reviewing the Right-of-Way Management code, several items were discovered to be outdated so additional updates were deemed necessary and are included in the attached ordinance. Generally, the 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.
RECOMMENDATION
Staff recommends the City Council:
1.  Adopt Ordinance 2204 amending City Code 10-200, Right-of-Way Management; and
2.  Authorize Summary Publication.

Attachments
Ordinance 2204
Summary Ordinance

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