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AGENDA ITEM <br />Item No.: <br />Item Description: Right of Way Ordinance Update <br />Date: May 29, 2018 <br />Presenter: Adam T. Edwards, P.E. Agenda Consent Agenda <br />Public Works Director/City Engineer Section: <br />1. Purpose. The purpose of this action item is to adopt an updated Right of Way (ROW) Ordinance. <br />2. Background. In 2017 the State of Minnesota adopted legislation impacting how municipalities may <br />regulate their right of ways with respect to small wireless facilities. In order to address the new state <br />requirements staff developed a ROW ordinance (Exhibit A). The draft ROW ordinance is based on a <br />League of Minnesota Cities (LMC) template that was adapted to Orono's situation by the City Attorney <br />and Engineer. Background information from the LMC on the state legislation and its impact to ROWS is <br />at Exhibit B. <br />3. Summary. The attached ordinance updates the existing ROW ordinance by providing direction on the <br />process for ROW permits, the conditions of the permit, fees, and inspections. Permits are broken into three <br />categories: excavation, obstruction and small cell. <br />4. Staff Recommendation. Staff recommend that adoption of the attached ordinance change. <br />COUNCIL ACTION REQUESTED <br />Motion to adopt the resolution at Exhibit A. <br />Exhibits <br />Exhibit A. Draft ROW ordinance. <br />Exhibit B. 2017 Telecommunications Right -of -Way User Amendments Permitting Process for Small <br />Wireless Facilities <br />Prepared By: <br />Reviewed By: -Sb)R <br />Approved By: -T) <br />