Lake Elmo Council explores broadband franchising, delays decision
The Lake Elmo City Council heard arguments both for and against regulating broadband companies through city franchising on Wednesday, but took no formal action, instead directing staff to gather more information on the legal and financial implications.
Attorney Mike Bradley presented the case for broadband franchising, citing a 2025 court decision that allows cities to regulate broadband as a "cable communication system" under state law. Under this approach, Lake Elmo could require broadband companies to build out service to the entire city, maintain consistent quality standards, provide customer service, and pay franchise fees to the city. "Requiring buildout of your entire city, making sure that all of your residents have access to the same quality of service throughout the footprint" are key benefits, Bradley said.
However, City Attorney Sarah Sol raised significant concerns. She noted that there is no specific state law explicitly authorizing broadband franchising and warned that "the city could get sued" if it pursued this path. Despite the legal uncertainty, at least one council member expressed strong support for universal broadband access. "I find that unacceptable that we have any properties in the city that don't have access to broadband," the council member said. "It's the year 2025."
The council directed staff to continue researching the topic, focusing on legal liability, potential benefits to residents, and impacts on competition. No timeline was given for a final decision.
In a separate workshop, City Attorney Sol also trained council and planning commission members on compliance with state and local laws, including the Open Meeting Law, data privacy rules, and conflict-of-interest requirements. She emphasized that city business conducted on personal phones or computers is still subject to public records laws, and that commission members must remain neutral when evaluating applications until all information is presented. The council also reviewed 2026 work plans for the Planning and Parks Commissions, which include preparing for a 2050 Comprehensive Plan, protecting wildlife corridors, addressing short-term rental regulations, and managing park improvements like playground replacements and basketball court resurfacing. Final adoption of the work plans is scheduled for early February.
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Votes (2)
Broadband Franchising Presentation and Discussion
Attorney Mike Bradley explained the legal rationale behind classifying broadband as a cable communication system for franchising purposes, stemming from a 2025 court decision. He detailed benefits such as mandated city-wide buildout, quality of service, customer service standards, and revenue generation through franchise fees. The city attorney countered with concerns about the lack of specific statutory authority for broadband franchising and the potential for legal challenges. Council members discussed administrative costs (covered by application fees), the distinction between open-access vs. service provider models, and the desire to ensure universal broadband access and foster competition.
Joint Planning Commission and City Council Workshop: 2026 Work Plans & Training
The workshop commenced with City Attorney Sarah Sol providing mandatory training on Open Meeting Law, Data Practices, Gift Law, Conflicts of Interest, and ethical participation, emphasizing impartiality in quasi-judicial decisions. Subsequently, staff presented the 2026 work plans for both the Planning and Parks Commissions. Discussions for the Planning Commission focused on environmental preservation, the upcoming 2050 Comprehensive Plan, promoting wildlife corridors, and the contentious issue of regulating existing and new short-term rentals. For the Parks Commission, items included trail plans, playground replacements, court resurfacing, park pavilions, and addressing pickleball noise, with a proposal for a Lions Park master plan.
Notable Quotes (12)
For the first time in in 2025, we had a court case decision come out that clearly said that broadband is not a telecommunication service.
So, some of those things include requiring buildout of your entire city, making sure that all of your residents have access to the same quality of service throughout the footprint, having a place for people to call with customer service issues.
I did ask him what he thought of it and he has some serious concerns about this given that there's no statutory basis for a franchise for broadband and obviously you know the city could get sued.
I find that unacceptable that we have any properties in the city that don't have access to broadband. Correct. I I find that unacceptable. It's the year 2025. Grants exist at the state. We have commission. It's just the process of how do we get there?
your job is to advise and recommend direction to the city council... and then also assist in setting city policy.
the legislature did away with that location requirement. So, that makes it a lot easier now to participate remotely because you can just say, 'I'm not going to be there.'
It doesn't matter where you put it. Because I have people say, well, that's on my personal computer or that's on my phone. It doesn't matter and it's not a city phone or it's not a city computer. It doesn't matter. It's the data. Is it about the city? Is it city business? Then it's government data.
you really need to avoid advocating a position until all the information is presented at the council or the commission meeting. And you know, you just need to be neutral and listen to both sides and then make your decision.
the city of Lake Elmo has always been historically environmentally friendly and very sensitive to things. That's one of the reasons many people came here to moved here. And many years ago supposedly I when I was on the council and sitting up there the Wheeler dealers came and said we can give you Bloomington and the res we we went out to the residents said do you want to be like Bloomington and they said no. So how can Lake Elmo retain its identity and still its protection of our and of our sensitive environmental areas that we do have left?
before I feel like before we can move forward and take on short-term rentals anywhere, we should manage the 11 that we currently have, they either need to be licensed or told that they can no longer exist.
the at least the feedback I've heard from other cities is if you do that, beware because you're the cost for staff is massive and you're hiring a massive amount of FTEEs and there might might be a value gain for Woodbury or Still Water. I don't know if there's a a value gain for us, but at least that's where I I stay.
Review and mitigate the pickleball noise at Pebble Park. I did bring this up with our parks commission in our December meeting and they did there's a couple members that are here tonight that would like to talk a little bit more may get some other information from city council in regards to that. It is pretty costly in order to do two sides of that but we do want to discuss that if if people are willing to.
Ordinances & Resolutions (31)
Mechanism for regulating cable communication systems.
Method for regulating telecommunication services.
Proposed mechanism for regulating broadband companies in cities.
Legal framework concerning cable communication systems and broadband classification.
Local regulations governing right-of-way, relocation, and commission member removal.
Minnesota Statutes defining a 'cable communication system' cited as statutory basis for broadband franchising.
Rules governing meeting procedures.
Statute requiring government meetings to be open to the public (Minnesota Statutes Chapter 13D).
Statute governing access to and handling of government data.
Statute limiting gifts to local officials (Minnesota Statutes 471.895).
Statute (Minnesota Statutes 471.87) and city code provision on avoiding personal financial interest in city matters.
City policy guiding acceptable use of social media for official communications and content moderation.
Policy governing how long city data, including emails, must be retained.
Court case in Minneapolis cited as an example of legal liability due to a council member's biased conduct in a quasi-judicial decision.
Type of land use application considered a quasi-judicial act.
Type of land use application considered a quasi-judicial act.
Type of land use application considered a quasi-judicial act.
Land use applications considered quasi-judicial acts.
Type of license considered a quasi-judicial act.
Future comprehensive plan for the city, currently in early planning stages.
County project reviewed by the Parks Commission for alignment with city trails.
Annual meeting for collaborative planning.
Agreements with expiring terms that need review and potential updates.
Plan that outlines capital projects, including parks and infrastructure.
Sustainability effort/program.
Sustainability effort/program.
Proposed or existing ordinance being reviewed for short-term rental properties.
Policy governing the use of city parks, reviewed annually.
Proposed master plan for the future development of Lions Park.
Ordinance relevant to complaints about pickleball noise.
Legal concept protecting against discrimination in housing, relevant to long-term rentals.
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Other Topics from This Document
Local Government Procedures and Laws Training
2026 Planning Commission Work Plan
2026 Parks Commission Work Plan
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