10-28-2019 Council Packet - Laserfiche WebLink

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1 CITY COUNCIL AGENDA ITEM 3A STAFF ORIGINATOR: Jeff Karlson, City Administrator MEETING DATE: October 28, 2019 TOPIC: Ordinance Related to Small Wireless Facilities VOTE REQUIRED: 3/5 INTRODUCTION The City Council is being asked to approve the first reading of Ordinance No. 01-19. BACKGROUND Telecommunications Attorney Mike Bradley was at the August 5th work session to give an overview of the next generation of wireless services (called 5G), which will allow wireless providers to install a large amount of lower hanging antennas connected to fiber optic cable to provide significantly higher internet speeds. The City Council wanted more time to review the ordinance before formally considering it. The facilities needed to provide 5G service are called small wireless facilities. The use of the word “small” is used to describe the area covered by each antenna, not the size of the facilities. Small wireless facilities include antennae, equipment cabinets, vertical conduit, power supplies, etc. Typically, small wireless facilities are attached to utilities poles, such as a light pole in the public right-of-way. Over the past two years, the Minnesota legislature enacted a new small wireless facility law and the FCC has released a small wireless facility order. These actions have placed new restrictions on how cities may handle applications to install small cell facilities. These restrictions include review and approval deadlines and limitations on fees. As Bradley pointed out during the August 5th work session, the City cannot prohibit small wireless providers from installing this type of infrastructure. The City of Lino Lakes participated in a group of Minnesota cities to have Bradley Law draft a model small wireless facility ordinance to help the City comply with the new laws and to prepare for the anticipated applications to install small wireless facilities in the City. Bradley Law submitted a model ordinance, which was subsequently customized for use by the City. The following is a high level summary of the small wireless facility ordinance.