HomeMy WebLinkAbout07-24-17-SWS�. DEN HILLS
Request for Special Citv Council Work Session
A special meeting may be called by the Mayor or by any two Councilmembers.
Reason for meeting: 1. Right of Way Ordinance Amendment
Requested Date: 7/24/17
Requested time: 6:30 pm
Open meeting X
Signature of person(s) making request:
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Mayor or Council Member
Council Member
Date received: !
Closed meetin
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Date
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Date
-This section to be completed by City staff-
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Date meeting to be held: 7/24/17
Time of ineeting: 6:30 pm
Location: Citv Hall
All necessary �osting and notices have been completed.
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Signat af City Clerk Date
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City of Arden Hills � 1245 West Highway 96 • Arden Hills, MN � 55112-5743
Phone 651.792.7800 � Fax 651.634.5137 � www.ci.arden-hills.mn.us
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Approved: August 14, 2017
CITY OF ARDEN HILLS, MINNESOTA
SPECIAL CITY COUNCIL WORK SESSION
JULY 24, 2017
6:30 P.M. - ARDEN HILLS CITY HALL
CALL TO ORDER/ROLL CALL
PursLiant to due call and notice thereof, Mayor Grant called to order the City Council
Special Work Session at 6:30 p.m.
Present: Mayor David Grant, Councilmembers Fran Holmes, Dave McClung and
Steve Scott
Absent: Councilmember Brenda Holden (excused)
Also present: City Administrator William Joynes; Public Works Director/City Engineer
Sue Polka; Seniar Planner Matthew Bachler; City Attorney Joel Jamnik; and City Clerk
Julie Hanson
l. AGENDA ITEMS
A. RIGHT OF WAY ORDINANCE AMENDMENT
Public Works Director/City Engineer Polka stated that the 2017 State legislature passed a bill
allowing placement of small cell wireless equipmeni in the right-of-way. She said that in order
for the City to regulate this equipment, an amendment to City Code would be necessary. She also
stated that City Attorney Joel Jamnik had drafted language amending current City Code and a
handout from the League of Minnesota Cities had been provided to the Council regarding the new
law.
Mayor Grant asked how far the small cell towers could reach.
City Attorney Jamnik stated there is no firm answer to that question. He said that while the
technology has already been in use in airports, it will be quite different for residential areas which
vary due to geography, topography, and housing styles. He stated that as technology increases,
small cell towers will become more prominent.
City Attorney Jamnik said that issues with the new law include that it grants cell companies
access, does not allow moratoriums, and was effective in May 2017, so the City does not have
time to study the law or to "take a step back". He also said it is expected that refinements to the
law will take place in the future and noted the League of Minnesota Cities considered providing a
model ordinance. He indicated the League decided against providing a model ordinance but
ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — JULY 24, 2017 2
instead recommends each city amend its ordinance based on how the statute was drafted. The
idea was to integrate amendments to Chapter 237 within a city's current ordinance.
City Attorney Jamnik stated that AT&T has requested the opportunity to review ordinances for
compliance in several other jurisdictions. He said that cell providers want to standardize the
system even more than the current legislation requires if they can with a simple single formula;
therefore, this is why they are scrutinizing ordinance amendments. He then said that the good
news is the cell providers appear to have taken a step back and are not pressing for construction
plans or approvals quite yei.
Mayor Grant asked if the City should move forward and change its ordinance now, noting this
amendment would enable TCAAP to use the small cell tower convenience as a selling point.
City Attorney Jamnik stated there are inconsistencies in the new bill which result in the need for
amendments to Arden Hills' ordinance. He stated that pursuing the amendment as soon as
possible is recommended.
Mayor Grant asked about the timeline for amending the ordinance.
City Attorney Jamnik noted that after August l, 2017, a 10-day notice period will be required
for any ordinance amendment. He stated the current draft was not in adoption form and asked if
the Council wanted to consider requiring a Conditional Use Permit (CUP) for residential zoned
areas. He mentioned the importance of educating residents regarding a CUP and stated that some
cities are debating whether or not to have standards regardin� installation without requiring a
separate land use approval process.
City Administrator Joynes stated that this topic could be controversial for residents and that a
public hearing is likely warranted.
City Attorney Jamnik agreed that the City did not need to rush to place this on its next agenda.
He said the 10-day notice requirement would be satisfied by putting a notice on the City's website
and posting a notice on the bulletin board at City Hall.
A discussion ensued about the need to amend the fee schedule, options for locations of the small
cell towers, and the possibility of requiring a conditional use pennit.
Councilmember Holmes wanted more information about the locations of the small cell towers.
Councilmember McClung stated that a public hearing would allow the Council� to educate the
residents and he was in favor of this.
City Attorney Jamnik stated the Council has time to decide if they want to impose conditions on
right-of-way permits related to this matter.
The Council agreed to hold a public hearing which gives staff time to work on the ordinance
amendment and incorparate the necessary fees into the City's fee ordinance.
2. COUNCIL/STAFF COMMENTS
ARDEN HILLS CITY COUNCIL SPECIAL WORK SESSION — JULY 24, 2017 3
Councilmember McClung asked for an update from Fish and Wildlife about the process at
Round Lake.
Public Works Director/City Engineer Polka stated she would follow up regarding this.
ADJOURN
Mayor Grant adjourned the Special City Council Work Session at 6:55 p.m.
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Ju e Hanson David Grant
Ci Clerk Mayor