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REQUEST FOR COUNCEL ACTION <br /> DATE. 1/26/98 <br /> ITEM NO.. J <br /> Department Approval: Manager reviewed: Agenda Section: <br /> ORDINANCES AND <br /> RESOLUTIONS <br /> 0 <br /> Item Description: Right-of-Way Management Ordinance-2"d Reading <br /> Background: At the September and November work sessions, the Council reviewed a model <br /> right-of-way ordinance prepared by the League of Minnesota Cites which conforms to recent <br /> federal and state legislation. A copy of the ordinance, modified to meet Roseville's needs, is <br /> attached. <br /> The Minnesota legislature required that the Minnesota Public Utilities Commission (MPUC) <br /> adopt rules to standardize many of the aspects of right-of=wary management. While the NMUC is <br /> . <br /> required to adopt these rules b March 1, 1998, it is e p ected that the�'�� will request are <br /> r <br /> extension from the legislature. once the rules have been adopted, it is likely that the League of <br /> Minnesota Cities model ordinance will need revisions to conform with the newly adopted <br /> standards. in'the meantime, however, Roseville is without a right-of-gray ordinance and is <br /> b e innin negotiations with a number of our larger utility providers including the cable company <br /> and NSP. It ism' the City's best interest to adopt an ordinance at this time even though revisions <br /> are likely in the future. <br /> The proposed ordinance gives us the authority to manage our right-of-ways and to recover costs <br /> i r <br /> incurred associated with infrastructure damage* right-of-way obstruction, and adrnln'a stration. <br /> Actual frees will be set annually by Council resolution and, to a large extent, will be guided by <br /> VTUC rules. <br /> This ordinance was first read by the i4 Council on December 8, 1997. The proposed ordinance <br /> has been sent to all utility companies currently located within our right-of-ways. To date, no <br /> conmients or concerns b ave been forwarded by utility companies. <br /> RECOM-A4ENDED COUNCIL ACTION: <br /> Motion adopting an ordinance adding Chapter 707 to the Roseville City Code to administer and <br /> regulate the public right-of--way in the public interest} and to provide for the issuance and regulation <br /> of right-of-way permits. <br /> Prepared by: Karl P. Keel <br />