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CITY OF ARDEN HILLS <br /> MEMORANDUM <br /> DATE: May 25,2001 <br /> TO: Mayor and City Council <br /> FROM: Jennifer Chaput,City Planne <br /> SUBJECT: Planning Case#00-39, City of Arden Hills <br /> Right of Way Ordinance (Public Hearing) <br /> Ree u_est <br /> The City of Arden Hills requests adoption of the Right-of-Way Ordinance (Exhibit A). <br /> Background <br /> The attached right-of-way ordinance was provided by the North Suburban Communications <br /> Commission(NSCC) and is largely based on the League of Minnesota Cities' model ordinance. It <br /> has been reviewed by the City Council during one meeting and has been brought forward for a <br /> second review and public hearing for adoption. In late 2000, the CityEn meow nd past las City <br /> ublic <br /> Works Director reviewed this document and provided comments, as shown <br /> Council meeting,there was some discussion regarding the length of time that should be permitted <br /> for restoration (comment #7 below). Research of the Ordinances from Roseville and Shoreview <br /> shows that the original 36 month time limit was maintained, for your information. <br /> Again,the purpose of the Ordinance is to give cities a uniform set of regulations to help them govern <br /> the use of their rights-of-way.It is intended to provide a single set of regulations that cities can apply <br /> to all right-of-way users, including telecommunications companies. The ordinance conforms to the <br /> provisions of the new telecommunications right-of-way legislation adopted into law as Minn. <br /> Session Laws 1997, chapter 123. In particular, the ordinance implements a city's authority to <br /> manage its right-of-ways and to recover its actual costs incurred in managing excavations and/or <br /> obstructions within the right of way. <br /> Review <br /> The following are proposed changes to the Ordinance as written by City staff, as previously <br /> presented: <br /> 1. Definition of"Business District"--should add in"to be subsequently designated" in reference to <br /> business districts. ...means any tangible asset <br /> 2. Definition of"Equipment"--propose to change this definition to, " <br /> used to install,repair or maintain facilities in any right-of-way or which obstructs any right-of- <br /> 3. The <br /> way'City does not currently have excavation or obstruction permits. They should be a combined <br /> 0permit when the ordinance is adopted. <br /> 4. Definition of"Restore"--should state that the right-of--way should be restored to new or better <br />