The City Council adopted Ordinance 971 that amended City Code sections 90.30 through 90.99, Right-of-Way (ROW) Management on October 3, 2017. These updates provided the governance to ensure the integrity of the city's streets and appropriate use of ROW, consistent with the Leagues of Minnesota City's model ROW ordinance and the new provisions of Minnesota State Statute, Sections 237.12 and 237.163 that were expanded through the 2017 Legislative Session pertaining to small cell wireless facilities. City guidelines were established pertaining to private utility companies placement of these small cell wireless facilities and antennas on city poles and on private poles within city ROW, while ensuring the continuance of this governance as well as providing for the health, safety, and welfare of its citizens.

Since the adoption of the small cell wireless ordinance update, the city has approved an agreement with one provider under this new guidance. The permitting of this project is underway and another provider is inquiring as well. City Code has thus far provided the necessary governance to reasonably manage the city's ROW.

In July of 2018, representatives of the League of Minnesota Cities again notified cities of yet another proposed bill that would attack the local decision making authority in managing the city's ROW and would give the Federal Communications Commission unfair power over local Minnesota Communities (see attached letter). In response, the attached resolution opposing the Senate Bill (S.3157) is recommended for the council's consideration.