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MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
MAY 1, 2000
9A
DONALD RYE, PLANNING DIRECTOR
CONSIDER APPROVAL OF ORDINANCE OO-XX APPROVING
A 60 DAY EXTENSION OF THE MORATORIUM ON
ANTENNA TOWERS
History On January 3, 2000, the City Council enacted a 120 day
moratorium on the installation of any telecommunications facilities in
the public rights-of-way. This moratorium expires on May 3, 2000.The
purpose of the moratorium was to analyze and reconcile the provisions
of the Telecommunications Act of 1996, Minnesota Statutes 237.162
and City ordinances as they relate to telecommunications in the public
rights-of-way.
As part of this process, the City invited providers of cellular telephone
service in Prior Lake to meet with staff and discuss issues related to
the use of the right-of-way. The meeting was held on Wednesday,
February 16 and representatives from AT&T and U.S. West Wireless
were present. At the conclusion of the meeting, it was agreed that the
wireless providers would meet to discuss this issue and report back to
the City with any suggestions. Following this meeting, U.S.West sent
a letter suggesting some modifications to existing City ordinances.
Current Circumstances A 60 day extension of the moratorium is
being requested to allow the City Attorney time to complete an
ordinance for staff to evaluate. Staff will then make it's
recommendations to the City Council. If the moratorium is not
extended, the City Council will have to take action on the conditional
use permit applications which U.S.West has submitted for 2 towers in
the right-of-way.
Issues The issue is whether the Council wants the moratorium to
expire before the proposed ordinance is in place.
Conclusion Staff and the City Attorney believe the moratorium
should be extended for 60 days.
162(i09~@ve~~0RAifl:E.Bdor Lake, Minnesota $5372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ALTERNATIVES:
RECOMMENDED
MOTION:
REVIEWED BY:
L:\99FILES\99CUP\MORAEXTE.DOC
1. Allow the moratorium to expire
2. Adopt ordinance oo-xx extending the moratorium 60 days.
Adopt ordinance oo-xx extending the moratorium for 60 days.
2
Olo
ORDINANCE oo~
INTERIM ORDINANCE
EXTENDING THE DURATION OF THE EXISTING MORATORIUM ON THE
INSTALLATION OF TELECOMMUNICATIONS FACILITIES IN THE PUBLIC
RIGHT-OF-WAY
WHEREAS, on January 3, 2000, the City Council of the City of Prior Lake adopted
Ordinance 00-01 imposing a moratorium on the installation of any telecommunication
facility in the public right-of-way, and
WHEREAS, the ordinance provided for the expiration of the moratorium on May 3,
2000, and
WHEREAS, the purpose of the moratorium was to allow time to study and prepare an
ordinance regulating telecommunication facilities in the right-of-way, and
WHEREAS, the City Council wishes to make additional time available for the study and
preparation of the ordinance,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR
LAKE:
1. The expiration date of the moratorium established by Ordinance 00-01 is hereby
extended to July 3,2000.
2. The recitals set forth above are incorporated herein.
This ordinance shall take effect upon its passage.
Passed by the City Council of the City of Prior Lake this 1st day of May, 2000.
ATTEST:
City Manager
Mayor
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
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