2025 02-18 City Council Meeting Minutes

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City of Gem Lake City Council Meeting Minutes February 18, 2025 3 Ordinance No. 113 – Right-of-Way Updates The City Council tasked the Planning Commission with reviewing Ordinance No. 113 regarding city right- of-way (typically shortened to ROW). ROW includes the street and area on either side of the street used to support the use of the street, such as sidewalks, shoulders, and ditches. ROW can also (per State Statute include cartways, bicycle lanes, other dedicated rights-of-way for travel purposes, and utility easements of local governments. Areas below and above the roadway are also part of the ROW. Private utilities (such as electric) and municipal utilities (such as water or sewer infrastructure) are typically constructed within a ROW. A ROW ordinance allows a city to manage the use and access to the ROW. The current ordinance (No. 113) was adopted by the city in January of 2010. This version was consistent with the current (at that time) model ordinance available from the League of Minnesota Cities (LMC). Since 2010, State and Federal law related to management and access to ROW has changed, most notably with regards to telecommunications. One of the bigger changes is “small cell wireless facilities,” which is technology that allows for increased usage of wireless networks by cell phones. It is imperative that the city ensures their ordinances are consistent with current State and Federal law. Staff has reviewed the current version of Ordinance No. 113 and proposes the following changes as summarized below. These changes are consistent with the latest model ordinance provided by LMC. Section # Comments Throughout • Administration section is added (Section 3), with the City Engineer designated to administer the ordinance (consistent with current city practices). • Replace references to “zoning administrator” with “city engineer.” • New section (Section 7) added regarding small cell wireless facilities. Added references to small cell wireless facilities where needed in other sections. • Move fees to the Fee Schedule. 2 New definitions proposed to be added to Section 2. 5 Updates to payments and permit application language. 10 & 11 New sections regarding Joint Applications for ROW work and obligations, consistent with language from model ordinance. 12 & 13 Revised language regarding permit denial and installation requirements, consistent with language from model ordinance. 18 & 19 Updated language on requirements for mapping data, locating facilities, and undergrounding, consistent with language from model ordinance. 24 Revised language regarding abandonment and removal of facilities within the ROW, consistent with language from model ordinance. The Planning Commission reviewed the redlined and clean versions of the proposed revisions at their February 11th meeting and recommended the City Council approve of the changes. Councilmember Lindner introduced a motion to approve the suggested revisions to Ordinance No. 113, seconded by Councilmember Cacioppo. Motion carried 5-0. Generator Quote for Heritage Hall Mayor Artig-Swomley suggested to table the discussion on generators to do more research and get quotes that are more comparable. Councilmember Lindner introduced a motion to table the discussion, seconded by Councilmember Cacioppo. Motion carried 5-0. Mayor Artig-Swomley asked if Councilmember Patrick could reach out to the companies that already supplied quotes and ask for them to make them more comparable. Councilmember Patrick said he would take on the task and will reach out to other companies as well and will bring information to the March 18 meeting.