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CC WORKSESSION PACKET 10302017
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CC WORKSESSION PACKET 10302017
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<br /> <br /> <br />MEMORANDUM <br /> <br />To: St. Anthony Village City Council Worksession <br />From: Breanne Rothstein, AICP, City Planner <br /> <br />Date: October 13, 2017 <br /> <br />WSB Project No. 02170-390 Phase 5 <br />Request: Update to Right-of-Way ordinance relative to regulating small wireless <br />facilities <br /> <br />BACKGROUND INFORMATION <br />Recent legislative action has brought to attention the need for Cities to update their right-of-way <br />ordinances to accommodate the installation of small wireless facilities within the public right-of-way. <br />The League of Minnesota Cities (LMC) has provided guidance in updating local ordinances in order to <br />better regulate private development in the public realm, as well as to insure appropriate safeguards are <br />in place to manage this development. <br />Attached is an edited version of Chapter 96: Right-of-Way Management that incorporates the <br />recommended changes provided by the LMC. The existing ordinance does not differ significantly from <br />the model ordinance provided by the LMC, with the exception of the language specific to small wireless <br />facilities. <br />Included with this item is a memorandum from Kennedy & Graven regarding the implications of the <br />recent legislative action regarding regulation of small local wireless facilities, as well as the updated <br />model right-of-way ordinance. <br />Also, as a part of this amended ordinance, the city should examine the Right of Way fees they charge, <br />and include a statutory-set fee for small wireless facilities. Also, staff would like to evaluate the <br />establishment of a degradation <br />RECOMMENDED ACTION <br />Staff recommends that the City Council review the proposed changes and direct staff to initiate a text <br />amendment to update Chapter 96 to conform with the ordinance language provided by the League of <br />Minnesota Cities. <br />ATTACHMENTS <br /> <br />Exhibit A: Draft Language Changes, Revised Chapter 96: Right-of-Way Management <br />Exhibit B: Memorandum from Kennedy & Graven including Model Ordinance <br />Exhibit C: ROW Fees (current and proposed)
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