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• <br />• <br />• <br />STAFF ORIGINATOR: <br />P & Z MEETING DATE: <br />TOPIC: <br />BACKGROUND <br />AGENDA ITEM 5H <br />Jeff Smyser <br />June 14, 2000 <br />PUBLIC HEARING: Ordinance 10 -00 <br />PCS Tower Moratorium <br />On May 22 the City Council adopted Resolution #00 -67 directing staff to initiate the process for <br />adopting a moratorium on new towers for personal wireless services, such as wireless telephone <br />services. The resolution also set a public hearing at the June 14 P & Z meeting. The attached <br />Ordinance No. 10 -00 establishes the moratorium. <br />MN Statute 462.355 Subd. 4 authorizes a municipality to adopt an interim ordinance <br />(moratorium) for the purpose of protecting a planning process when conducting a study. Staff <br />has begun a towers location study. This study will inventory existing facilities in the area with <br />the goal of determining where new facilities likely will be needed. To the extent we can do this, <br />we can plan for those locations and minimize the number of towers. <br />We are also asking surrounding communities to join in the study. With their cooperation, we <br />hope to minimize the number of new towers in all our communities and still provide for full PCS <br />service in compliance with federal law. <br />We also will ask for the cooperation of the providers of wireless services, such as the firms that <br />lease space on our water towers. We hope the study will be beneficial to all involved, including <br />the participating cities and the wireless service providers. <br />Our City Attorney advises us that once the City Council initiated the process by directing staff to <br />prepare a moratorium ordinance, we can forestall approvals of applications for new towers until <br />the study is completed. <br />A moratorium on new tower applications will be treated as an amendment to the zoning <br />ordinance. The following schedule gives the anticipated timeline: <br />May 22 <br />City Council meeting: initiate process for adopting 90 -day moratorium <br />by directing staff to prepare ordinance and setting public hearing date <br />June 14 <br />public hearing at Planning & Zoning Board meeting <br />June 26 <br />first reading of ordinance at City Council meeting <br />July 10 <br />second reading of ordinance at City Council meeting <br />July 17 <br />ordinance published in newspaper <br />August 16 <br />ordinance effective (30 days after publication) <br />November 14 <br />90 -day moratorium expires <br />