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HomeMy WebLinkAbout00-01 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: 1:\99files\99cuplmof1lOrd.doc 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 ~?/~7 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............................................... $9.25 per column inch . "~'.->".'~.' . - . ... . -.... -' ...-...---~......,-.....- .'.:.'.'.-. .....,:. "'.".":'-";'.'--''':: . .. ". :,... """:::--:'. \VHERPASt'~ fadslie;i~~;~2~~~T~ .. page 10 SIales in relevant ~: '.' I . "'. ,; :':_'-}"~-' ..tIn' certain instaDccs. ,state and , local governments may benefit from a i brief.fiuiteperiodofconsidetationinorder I lo$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 . ~.!.::':l:~C:= ~f:J'ci~;: " oUlrio.J.ak'tliid"day of]anuary; _:" . . "'.'''.''_k .,"A'f. '.~' ~,:=;~5',: . ".,: :.:.. . ~~'8'1 ,r - ~ ";';:1;,k\::~'}:1> ,:,~~' ":=IIf;r;.~i;~>:.. ,'" }:\,::t~~ ., ~mtlleI1riorUl"Ainerfcanon' / s ;,~ 1i;2IlOO; No. 71~...;: ;";,~~~~~_,"M':lfI.:;lo,)___ ....._-.......... ..;::~, .-:':C .,:::~::":::;':.:.:.:::~.-_:.; ..~;:'::: -:"\:: :~:::::~:::i~::::?::~..... -.:. .