D-13. Adopt Resolution Reaffirming City Authority to Manage Public Rights-of-Way CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES,MINNESOTA
DATE: March 13,2017 RESOLUTION NO: 2016-
MOTION BY: SECONDED BY:
RESOLUTION
REAFFIRMING CITY AUTHORITY TO MANAGE PUBLIC RIGHTS-OF-WAY
WHEREAS,bills before the Minnesota Legislature(HF 739) and (SF 561)would allow
unregulated access to the public right-of-way by private parties for installation of small cell
wireless equipment and distributed antenna systems; and,
WHEREAS,the legislation provides for automatic approval of these types of facilities,
which prevents cities,through their elected representatives, from exercising their ability and
authority to manage their public real estate; and,
WHEREAS,the legislation will supersede many existing zoning ordinances and
comprehensive plans enacted by the City, and put in place statewide requirements that would
preempt local decision in conflict with the interests of the public and the City of Chanhassen;
and,
WHEREAS,this legislation is unique in that only these private telecommunications
companies would have unregulated access to public rights-of-way.
NOW,THEREFORE BE IT RESOLVED by the City Council of the City of
Chanhassen, Minnesota,that the council reaffirms its support for local decision making and
control over public rights-of-way within its jurisdiction, and opposes any legislation that allows
private telecommunication companies, specifically, and utilities in general,unfettered access to
the public right-of-way.
BE IT FURTHER RESOLVED that the council hereby directs that this Resolution be
communicated to the State officials representing the City of Chanhassen, including its State
Senator and Representative.
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Passed and adopted by the Chanhassen City Council this 13th day of March,2017.
ATTEST:
Todd Gerhardt, City Manager Denny Laufenburger,Mayor
YES NO ABSENT
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9 S CITY OF ClIANHASSEN
Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
NHAS
March 8, 2017
Representative Cindy Pugh
411 State Office Building
100 Rev. Dr. Martin Luther King Jr. Blvd.
St. Paul, MN 55155
Dear Representative Pugh:
We were recently notified of HF 1146 which places restrictions on how cities may implement
franchise fees on public utilities. While the City of Chanhassen has not taken a formal position
on this specific bill, it does go against our general legislative policy of opposing statutory
changes which erode local control and authority.
The City of Chanhassen does not currently have a franchise fee on public utilities in place,but do
we have plans in place to implement such a fee in the near future. However, we also understand
there are circumstances in other communities where the imposition of such a fee has a legitimate
public purpose. Requiring onerous roadblocks for cities to implement franchise fees will simply
require more reliance on the property tax, which in cities where there is a disproportionate
amount of tax-exempt properties will shift that tax burden to homeowners and
commercial/industrial properties.
As you are aware,there are over 800 cities in Minnesota, and we believe that the elected officials
in those cities are best positioned to make financial decisions for the well-being of their
communities. Applying overly burdensome requirements such as those proposed in HF 1146
would severely hamper the local control philosophy we believe best serves cities across the State
of Minnesota.
Thanks for your consideration of this request and for your continued representation of the City of
Chanhassen.
Sincerely,
Denny Laufenburger
Mayor
cc: Chanhassen City Council
PH 952.227.1100• www.ci.chanhassen.mn.us• FX 952.227.1110
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