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MaUNDI ViEw of Mounds View Staff R Item No: 09A Meeting Date: Jan 22, 2018 Type of Business: CB Administrator Review: Q9 I 7 ME— To: Honorable Mayor and City Council From: Don Peterson, Public Works Director Item Title/Subject: Public Hearing and Second Reading of Ordinance 940, Amending Municipal Code, Section 910, regarding the Management of Right -of -Way within the City of Mounds View Introduction: Private wireless and cellular service providers have been successful with legislation (HF739/SF561) that will allow unregulated access to the Public right-of-way for installation of "small cell wireless" equipment and distributed antenna systems. Most of the bill provisions became effective on May 31, 2017, with the exception that the prohibition on moratoria does not take effect until January 1, 2018 for those cities that did not have a right-of-way ordinance in place on or before May 18, 2017. To give those cities an opportunity to enact an ordinance regulating their public right-of-way. The new law requires a separate permit process for small cell wireless facilities. The City has 90 days after the date a small wireless facility permit application is submitted to issue or deny the permit. Discussion: Public Works and Community Development are working with Kennedy Graven the City Attorney on updating Ordinance 940, section 910 regarding the management within in the City's right-of-way. Staff has also reviewed and purpose changes to the Zoning Ordinance to make small cell wireless a permitted use within the right-of-way. The Planning Commission reviewed the proposed ordinance amendment as it relates to the Zoning Code (Title 1100) at its January 3, 2018 meeting, recommending approval of that section (Resolution 1082-18). There was discussion of the pros & cons if the antennas were a permitted use vs. a conditional use within Residential districts, as well as the desire for colocation, how many antennas may be expected (unknown), and the service area of individual antennas (unknown). At the January 8 City Council meeting the City Council approved the First Reading and setting the Public Hearing for Monday January 22. The following schedule has been followed for updating Ordinance 940: Jan 3 Planning Commission Meeting – review Jan 8 City Council Meeting - First Reading & Introduction Jan 22 City Council Meeting - Second Reading & Adoption (Public Hearing) tonight's Council Meeting.