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City Council Regular Meeting Minutes November 14, 2017 Page 4 Councilmember Gray noted this is a great service being provided to the community and will be a great addition. Mayor Faust welcomed the Applicant into the community. Councilmember Stille stated they are making good use of a difficult site and thanked them for taking care of the property. 9 Motion carried 4 -0. 10 11 VI. GENERAL BUSINESS OF COUNCIL. 12 13 A. Ordinance 2017 -04; an Ordinance Amending Chapter 96 Right of Way Management 14 15 City Manager Casey reviewed the recent legislative action that has brought to attention the need 16 for cities to update their right -of -way ordinances to accommodate the installation of small 17 wireless facilities within the public right -of -way. The League of Minnesota Cities (LMC) has 18 provided guidance in updating local ordinances in order to better regulate private development in 19 the public realm, as well as to insure appropriate safeguards are in place to manage this 20 development. 21 22 Mr. Casey provided an edited version of Chapter 96: Right -of -Way Management, that 23 incorporates the recommended changes provided by the LMC. The existing ordinance does not 24 differ significantly from the model ordinance provided by the LMC, with the exception of the 25 language specific to small wireless facilities. A memorandum from Kennedy & Graven 26 regarding the implications of the recent legislative action regarding regulation of small local 27 wireless facilities, as well as the updated model right -of -way ordinance, was provided for 28 Council review. As part of this amended ordinance, the City should examine the right -of -way 29 fees charged and include a statutory set fee for small wireless facilities. Staff recommends the 30 City Council review the proposed changes and direct staff to initiate a text amendment to update 31 Chapter 96 to conform with the ordinance language provided by the League of Minnesota Cities, 32 33 Councilmember Stille asked if this is going to affect the large cell towers and the revenue for that 34 and Mr. Casey stated he does not know. The large cell tower contracts with the City are locked in 35 and all indications point there will be both large cell towers and small cells. 36 37 Councilmember Jenson asked if any input has been received from the organization that wants to 38 install these as to which streets they may be using. Mr. Casey stated not yet and there are no 39 indications of when, what amount, or where. 40 41 Councilmember Gray confirmed the legislation leaves little room for the City not to accept this. 42 Mr. Casey stated there is no denying these requests but the City can regulate them. 43 44 Mayor Faust stated this was a big issue in the Legislature this year and he understands it is a 45 national issue in terms of going to 5G more capacity. Mayor Faust has heard the LMC 46 suggestion is stricter than other States. Mr. Casey agreed.