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INTERIM ORDINANCE
~,.
ING THE INSTALLATION AND LOCATION OF TELECOMMUNICATIONS
FACILITIES IN THE PUBLIC RIGHT-OF-WAY
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the United States Congress adopted the Telecommunications Act of 1996 to
protect and promote the deployment and delivery of telecommunications
services and to prohibit barriers affecting competition in the delivery of
telecommunications services; and
Section 704 of the Telecommunications Act of 1996 (the "Act") preserves the
authority of state and local governments over decisions regarding the
placement, construction, and modification of "personal wireless service
facilities" so long as local governments do not "unreasonably discriminate"
among providers of functionally equivalent services and do not adopt
requirements that "prohibit or have the effect of prohibiting" the provision of
personal wireless services; and
the Minnesota legislature adopted Minn. Stat. ~ 237.162 which deals generally
with the right of local governments to regulate "telecommunications
right-of-way users"; and
provisions in the City's zoning ordinance requmng telecommunications
providers in certain instances to obtain Conditional Use Permits for facilities
located within a public right-of-way may be inconsistent with Minn. Stat.
~ 237.162; and
Minn. Stat. ~ 462.355, Subd. 4, provides in relevant part:
"If a municipality is conducting studies or has
authorized a study to be conducted or has held or has
scheduled a hearing for the purpose of considering
adoption or amendment of a comprehensive plan or
official control as defined in Section 462.352, Subd. IS,
. . . the governing body of the municipality may adopt
an interim ordinance applicable to all or part of its
jurisdiction for the purpose of protecting the planning
process and the health, safety and welfare of its
citizens. "
the City of Prior Lake requires a reasonable amount of time to conduct studies
and evaluate the legal parameters under which it may regulate
telecommunication providers and to thereafter consider new zoning controls
or amendments to the existing zoning controls in its City Code; and
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
DN: 75238 AN EQUAL OPPORTUNITY EMPLOYER
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
such as a church steeple, light pole, power line support device or similar
structure.
Minn. Stat. ~ 462.355, Subd. 4, provides in relevant part:
"If a municipality is conducting studies or has
authorized a study to be conducted or has held or has
scheduled a hearing for the purpose of considering
adoption or amendment of a comprehensive plan or
official control as defined in Section 462.352, Subd. 15,
. . . the governing body of the municipality may adopt
an interim ordinance applicable to all or part of its
jurisdiction for the purpose of protecting the planning
process and the health, safety and welfare of its
citizens."
the City of Prior Lake requires a reasonable amount of time to conduct studies
and evaluate the legal parameters under which it may regulate
telecommunication providers and to thereafter consider new zoning controls
or amendments to the existing zoning controls in its City Code; and
the City Council of the City of Prior Lake recognizes that Section 704 of the
1996 Act states that local authorities are required to act upon an application
for a facility site within a reasonable period of time; and
the Federal Communications Commission on September 17,1996 issued Fact
Sheet No.2 titled ''National Wireless Facility Siting Policies"; and
Fact Sheet No.2 on page 10 states in relevant part:
"In certain instances, state and local governments may
benefit from a brief, finite period of consideration in
order to set up a process for the orderly handling of
facility's siting requests. These brief periods of
consideration may be most effective if the state or local
government communicates clearly to wireless service
providers a specific duration of the moratorium, the
tasks that the local government entity intends to
accomplish during the moratorium, and the ways in
which the wireless service providers can help the local
government to achieve the stated goals of the
moratorium by, for example, providing additional
information about their needs and about their services."
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE:
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Page 2
1. A 12O-day moratorium is hereby imposed on the instaDation of any
telecommunication facility in the public right-of-way.
2. This moratorium applies to all "telecommunications right-of-way users" as defined
in Minn. Stat. * 237.162, Subd. 4.
3. The City Staff and City Attorney are hereby directed to analyze and reconcile the
provisions of the Telecommunications Act of 1996, Minn. Stat. * 237.162, and the
City zoning ordinances as they relate to entities subject to the Telecommunications
Act of 1996 and telecommunication right-of-way users.
4. The City Staff and City Attorney shaD meet with and seek input from
telecommunication providers regarding how to manage the public right-of-way as
permitted by Minn. Stat. * 237.162.
5. The City Staff and City Attorney shaD develop recommendations pursuant to the
above-referenced study and meetings and provide said recommendations regarding
amendments to the City zoning ordinance to the City Council.
6. The City Council shaD consider the recommendations of the City Staff and City
Attorney and if appropriate refer proposed amendments to the City's zoning
ordinances to the Planning Commission for their consideration and
recommendation.
7. The recitals set forth above are incorporated herein.
This ordinance shaD take effect upon its passage and publication.
Passed by the City Council of the City of Prior Lake this 3rd day of January, 2000.
ATTEST:
()J~'; th, VItr~
Mayor
Published in the Prior Lake American on the 8th day of January, 2000.
Drafted By:
City of Prior Lake Planning Department
16200 Eagle Creek Avenue
Prior Lake, MN 55372
1:\99fi1cs\99cup\moraord.doc
Page 3
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota)
)SS.
County of Scott )
Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of
the publisher of the newspapers known as the Shakopee Valley News, Jordan Independent, Prior
Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 33IA.07, and other applicable laws, as
amended.
(B) The printed poblic notice that is attached to this Affidavit and identified as No. 11 flf!
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size ftype used in the composition
and publication of the Notice:
abcdefghijklmnopqrstuvw z
Subscribed and sworn before me on
this eday of
,2000
GWEN M. RAOUENZ
NOTARYPUBUC MINNESOTA
My COmmIssion Expires Jan. 31, 2005
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RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $12.00 per column inch
Maximum rate allowed by law for the above matter................................. $12.00 per column inch
Rate actually charged for the above matter............................................... $9.25 per column inch
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\VHERPASt'~ fadslie;i~~;~2~~~T~ ..
page 10 SIales in relevant ~: '.' I
. "'. ,; :':_'-}"~-' ..tIn' certain instaDccs. ,state and ,
local governments may benefit from a i
brief.fiuiteperiodofconsidetationinorder I
lo$CtupaprocessfortheOrderlyhandling i
:~~~~=~~E:l
communii:~~learly to wireless service
provfdets' a 'specific duration. of the
,.moratori,p,:'lbe tasks that the lOCal
'" ~eulity intends lOaecornpIisb
.~ ~;.iiiOc: Iblo~rium. and the wayoln
'.:.;wlilt:ll.the wireless service pro\lfden can
befp the local govermtlCllt In.acbic~the
staled goals. of the moralOltllm- by; for
~provldiugadditionalinfonnalion
about.theirneedSandabouttheirservices.~
'~""NOW : THBRBFORE.., B5, n'
RESOLVEDBY nm CITY COUNCIL
~::er~~9'~.:~:.'~~::~.',:f:~;.:",~.':J,;{~tt~S~~l
_';""::'~~~.:5'.r\"~,",-~.".",\,.,,,.._~.""-?,li:!-.~.~i,"'fC"'4
~ '.' ;,iI.'I2t.--, ~moratorium is, -bll.
. 1m tise4 the instaIIaliolt ol'"'a..
\lIlI~m.w;~oii'faciIi lntkPiw~
Jn~.....,.~r'.'1/l "\""l%~~;,'~ '~Ji
"',;n;I'i,mO~W;;' applieii ti>:iili,
~~micationsright-Qf~wayusen,:~.:_ ::_
as defined in MUm. St8t. 237,162, Subd:: .':', .
:4~,,:~,,':';:,--{'!;~fr-!l~'~'~-Z\?2:~,1~-~1~~~f,t;h~:f;~f'1.i
,;~nThe CIly Staff ani! City AttOmeyiife';1
herelly directed to analyte aniI.tCconciJe .
.lbloprovisiOll8~theTelecOllJ!lUl11i~;
Actoll~6,Minn.Stat.. 237.jf!:1;;aniI!he:.
-C' 'ioDin o,diuaDceS as the 'rei.... to .
'''':tiessut,fOcttotheT~c:alion4 '
Actofl996and'lIlIecommunicationright~ .
"':'of~wa.nlY' ---,.-{";i....,.J,, i:;:\"!!'1",",~"i.....t~~,,{l.;
'. '.,~ ;'~The--a~~' SWf - and' c{":;:xn' '~,\_:!t<),,:.
slIali' Dieot'~itli aD<I.eef'f..nlii~'
telecommunication. providers ~rig'
how to manage the public right-of-wa~ ~
penriil!ed hy MinD. Stat.. U7.1f2';::;1:!{
, The City Staff. and City" Anomey
, sIiaIt develop. n:commendatlonS PurSuant
totheabov...refmncedsl1i<lyandlrieelings I
;:i=~~~~:'1
~~~~r~halIC::s:2ff= I
~ Cil)<~~ and if ap~ iefer L:, .
proposedam~entstotheCity szomng t....,..'"..,.,..,..
. '. ordinallces to;~Planning Commissio~ '"f~:t\_::.~:~:..::~.:
for. . ,.the\r:,,', colIs-ideratioJ:t,.c,., :,and 1'::~~:"' ..: .'
""""",r,."m..;nn" r ", ..' he" ";"-""""j':'"
, . , "", l'his or<fimince sh8Il take effeCt upOn
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