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Page 1 of 2 <br /> <br />DATE: July 24, 2017 <br /> <br />TO: Honorable Mayor and City Councilmembers <br />William S. Joynes, Sr., City Administrator <br /> <br />FROM: Sue Polka, Public Works Director/City Engineer <br /> <br />SUBJECT: Right of Way Ordinance – Proposed Amendments <br /> <br />Background <br /> <br />A new law enacted during the 2017 legislative session allows small cell wireless equipment to be <br />placed on city-owned infrastructure in the public right of way. As introduced, the bill would <br />have allowed wireless companies unregulated access to the public right of way, but due to <br />opposition, the resulting bill language preserves local authority over access to the public right of <br />way. Attachment A is an excerpt from the League of Minnesota Cities (LMC) 2017 Law <br />Summaries that describes the small cell wireless law. <br /> <br />Discussion <br /> <br />In order to comply with this new law, the LMC recommends that cities take the following <br />actions: <br /> <br />• Amend the existing right of way ordinance to accommodate for telecommunications right <br />of way users. <br />• Incorporate the application process requirements for the potential installation of wireless <br />facilities on existing poles or the potential installation of new “wireless support <br />structures.” <br />• If necessary, amend the zoning ordinance or code to make small wireless a permitted use, <br />with the exception of making it a conditional use in residential zones. <br />• Draft a template agreement governing the attachment of wireless facilities to municipal <br />poles or other infrastructure in the right of way. <br />• Educate the decision-makers to make and record reasonable findings documenting health, <br />welfare, and safety reasons for denials. <br />• Work with wireless providers on locations. <br /> <br />AGENDA ITEM – 1A <br /> <br /> MEMORANDUM <br />