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Memorandum To: Gem Lake Planning Commission Project Reference: Right-of-Way Ordinance Review Copies To: Melissa Lawrence, City Clerk Kevin Beck, Attorney TKDA Project No.: 22428.000 From: CJ Sycks, Planner Client No.: Evan Monson, Planner Date: February 5, 2025 SUBJECT: Discussion regarding the Gem Lake Right-of-Way (ROW) Ordinance No. 113 MEETING DATE: February 11, 2025 ITEMS REVIEWED: Gem Lake Ordinance No. 113, League of Minnesota Cities Model Ordinance OVERVIEW The City Council has 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. CURRENT ORDINANCE 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). Ordinance No. 113 covers: • when permits are needed • permitting processes and procedures • permitting fees • patching and restoration when work is conducted in the ROW • emergency vs non-emergency situations • mapping of items constructed within a ROW • moving above-ground items underground (or undergrounding) • abandonment of facilities within a ROW 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.