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MEMORANDUM To: St. Anthony Village Mayor, City Council and City Manager From: Breanne Rothstein, AICP, City Planner Date: November 14, 2017 WSB Project No. 02170‐390 Phase 5 Request: Update to Right‐of‐Way ordinance relative to regulating small wireless facilities BACKGROUND INFORMATION Recent legislative action has brought to attention the need for Cities to update their right‐of‐way ordinances to accommodate the installation of small wireless facilities within the public right‐of‐way. The League of Minnesota Cities (LMC) has provided guidance in updating local ordinances in order to better regulate private development in the public realm, as well as to insure appropriate safeguards are in place to manage this development. Attached is an edited version of Chapter 96: Right‐of‐Way Management that incorporates the recommended changes provided by the LMC. The existing ordinance does not differ significantly from the model ordinance provided by the LMC, with the exception of the language specific to small wireless facilities. Included with this item is a memorandum from Kennedy & Graven regarding the implications of the recent legislative action regarding regulation of small local wireless facilities, as well as the updated model right‐of‐way ordinance. Also, as a part of this amended ordinance, the city should examine the Right of Way fees they charge, and include a statutory‐set fee for small wireless facilities. Also, staff would like to evaluate the establishment of a degradation RECOMMENDED ACTION Staff recommends that the City Council review the proposed changes and direct staff to initiate a text amendment to update Chapter 96 to conform with the ordinance language provided by the League of Minnesota Cities. ATTACHMENTS Exhibit A: Draft Language Changes, Revised Chapter 96: Right‐of‐Way Management Exhibit B: ROW Fees (current and proposed) 69