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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
FEBRUARY 4, 2002
8B
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPROV AL OF JOINT POWERS AGREEMENT
BETWEEN THE CITY OF PRIOR LAKE AND SCOTT
COUNTY REGARDING TELECOMMUNICATION
FACILITIES IN COUNTY ROAD RIGHTS-OF-WAY
History In early 2000, the City Council adopted a moratorium on the
installation of any telecommunication facilities in the public right-of-
way. The moratorium was repealed in June of 2000 when the Council
adopted a right-of-way ordinance that provided for a system of permits
to allow the installation of equipment and utilities in the right-of-way.
Since that time, there have been at least two requests for the placement
of telecommunication facilities (specifically, cell phone towers) in
County road right-of-way. Staff took the position that the County owns
its right-of-way and therefore has the authority and responsibility to
deal with these requests but the County suggested otherwise. To clarify
the respective responsibilities between the City and County, the City
and the City Attorney have developed the attached Joint Powers
Agreement (JP A) to recognize the ability of the County to regulate its
own right-of -way.
Issues State law recognizes what are called road authorities, which are
the governmental entities having jurisdiction over a particular road or
street. Consequently, and obviously, the State is the road authority for
State highways, the County for County roads and the City for City
streets. The fact that developers must apply for a permit from the
County to obtain road access is an example of this authority. Another
example is the County requirement that the City obtain permits for
entry monuments or noise walls in the County right-of-way. The
proposed JP A recognizes this and also allows the County to exercise
its zoning authority solely with regard to telecommunication facilities
in County road rights-of-way. As the JP A states, staff believes it to be
inappropriate for the City to have approval authority over facilities
located in the County right-of-way.
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AN EQUAL OPPORTUNITY EMPLOYER
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AL TERNA TIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
No other authority is conferred upon the County by this Agreement,
other than the express right to apply County zoning authority to
telecommunication facilities in the County right-of-way.
ron~lm:i()n Staff believes the attached JP A addresses the concerns of
the City and County as they relate to telecommunication facilities in
the right-of-way of County roads. The City Attorney, County Attorney
and County Administrator have reviewed the document and believe it
to be acceptable.
At the December 3' 2001 meeting, the City Council raised a number of
questions. The Coty Attorney was not present and therefore the
Council deferred this item for future consideration. The City Attorney
will be present at the February 4, 2002 meeting to respond to any
questions.
1. Authorize execution of the Joint Powers Agreement with Scott
County .
2. Do not authorize execution ofthe Joint Powers Agreement with
Scott County.
3. Defer this item for specific reasons.
Alternative 1
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Frank Boyles
From:
Sent:
To:
Subject:
Teresa Gumerman [tgumerman@halleland.com]
Wednesday, January 30, 2002 11 :26 AM
space@halleland.com
Telecommunications Rights-of-Way
You asked if the City had the authority to issue permits for construction in a right-of-
way owned by the County.
In a word, no.
Minnesota Statutes permits only the governmental entity with an interest in the public
right-of-way to manage the public right-of-way. See Minn. Stat. ~ 237.162 et seq. The
statute defines the "public right-of-way" as:
[T]he area on, below, or above a public roadway, highway, street, cartway, bicycle lane,
and public sidewalk in which the local government unit has an interest, including other
dedicated rights-of-way for travel purposes and utility easements of local government
units.
Minn. Stat. ~ 237.162, subd. 3. Therefore, the City may not manage a public right-of-way
in which it has no interest.
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JOINT POWERS AGREEMENT REGARDING THE REGULATION OF
TELECOMMUNICATION FACILITIES IN COUNTY ROAD RIGHT -OF - WAY
WITHIN THE CITY LIMITS OF PRIOR LAKE
PURPOSE
The purpose of this Agreement is to establish the authority of the County of Scott, State
of Minnesota, to regulate the placement and operation of telecommunications facilities
within the various rights-of-way of County roads located within the City of Prior Lake,
Minnesota.
RECITALS
Whereas; Minnesota Statutes 471.59 provides that two governmental units may, by
agreement, cooperatively exercise any power common to both parties and further, that
one governmental unit may exercise such power on behalf of the other governmental unit,
and
Whereas; Minnesota Statutes 471.59, Subd. 8 specifically provides that any County may
enter into agreements with any other governmental unit to perform on behalf of that unit
any service or function which that unit would be authorized to provide for itself, and
Whereas; Scott County and the City of Prior Lake each have zoning authority under
Minnesota Statutes 394.21 and 462.357, respectively, and
Whereas; both the County and City have adopted ordinances regulating the location of
telecommunication facilities, and
Whereas; because the County is the road authority for County and County State-Aid
highways pursuant to Minnesota Statutes 160.02 and the City believes it is inappropriate
for the City to have approval authority for construction of structures in the County right-
of-way, and
Therefore, it is agreed as follows:
1. The recitals set forth above are incorporated herein.
2. The City agrees that Scott County may exercise its' zoning authority within the
public rights-of-way of County State -Aid roads and County roads within the City
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16200 E!tglN?rM~~15~i!~~Jr6t~<Minnesota 55372-1714 / Ph. (952) 447-4230 / Fax (952) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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limits of Prior Lake solely with regard to the regulation and permitting of
telecommunications right-of-way users as the terms public right-of-way and
telecommunications right-of-way user are defined in Minnesota Statutes 237.162
Subd. 3 and SubdA.
3. This Agreement may be rescinded upon mutual agreement of the parties. In the
event the County adopts an ordinance regulating the use of County right-of-way
that is significantly different from the City Right-Of-Way Management Ordinance
(City Code Section 701.700), the City reserves the right to unilaterally rescind this
Agreement.
Approved by the City of Prior Lake on February 4,2002.
Mayor
City Manager
Approved by Scott County on
County Board Chair
County Administrator
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