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RESOLUTION NO. 8368
A RESOLUTION AMENDING CITY COUNCIL RESOLUTION NO. 8335
DIRECTING A STUDY BE CONDUCTED ON
TRANSMISSION AND RECEPTION FACILITIES OF
COMMERCIAL WIRELESS TELECOMMUNICATION SERVICES
AND ESTABLISHING A MORATORIUM
BE IT RESOLVED, By the City Council of the City of Richfield, Hennepin
County, Minnesota, as follows:
City Council Resolution No. 8335 is amended in Section 3.03 and 3.06 to add
language which is underlined and the remainder of the resolution contained herein
remains unchanged.
Section 1. Backaround.
1.01. The City of Richfield ("City") currently regulates various types of transmission
and reception facilities through its official controls.
1.02. Among the facilities that are currently subject to regulation are antennas and
towers having a fixed location and operated to furnish to the public commercial wireless
telecommunication services (hereinafter "CWTS":), including cellular, personal
communication services (PCS), specialized mobilized radio (SMR), enhanced
specialized mobilized radio (ESMR), paging, and similar services that are marketed to
the public.
1.03. Market demand, rapid advances in technology and expanding federal licensure {.
of radio frequencies has resulted in the proliferation of CWTS in the recent past; and
that trend can be expected to accelerate in the reasonably foreseeable future.
1.04. The city's regulation of antenna and tower transmission facilities predates the
events described above and fails to differentiate among the various types of facilities
including CWTS.
1.05. The City Council is concerned that its official controls relating to antennas and
towers may not adequately address issues rel~ted to these towers, such as the
appropriate locations for the towers and the conditions under which they may be
allowed within the City, including structural and construction requirements, co-location,
setbacks, and height limitations.
1.06. The City has received inquiries from companies desiring to construct CWTS
towers and other facilities in the City.
Section 2. Findinas.
2.01. The City Council finds that it is necessary to conduct studies to determine if there
is a need to amend the City's official controls or its comprehensive plan relating to
CWTS's, and if so, to adopt the appropriate amendments.
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2.02. The City Council finds that there is a need to adopt interim measures for the
purpose of protecting the planning process and the health, safety and welfare of its
citizens regarding such matters.
Section 3. Plannina and Zonina Study.
3.01. A study is authorized to be conducted by City staff to determine if the City's
official controls need to be modified as they relate to CWTS's.
3.02. Pending completion of the study and adoption of any amendments to the City's
official controls, there is hereby established a moratorium on the construction, erection
placement, reconstruction, enlargement, or expansion of CWTS towers and CWTS
antennas within the City and on the development and use of property for such
purposes.
3.03. During the period of the moratorium, applications for final site and building plan
approval, building permits, and other permits and approvals related to such tower work
shall not be accepted by the City; neither the Planning Commission nor the City Council
shall consider or grant approval of any application for such work; and no building
permits for such work shall be issued. Notwithstandina any provision in this subsection
to the contrary. the City may. upon first readina of an ordinance adopted followina the
study established by this moratorium. receive and review (but not decide) applications
for the work described in paraaraph 3.02 above.
3.04. For the purposes of the moratorium, the term "CWTS tower" shall mean any pole,
~, spire, structure, or combination thereof, including supporting lines, cables, wires,
braces, and masts, intended primarily for the purpose of mounting a CWTS antenna or
similar apparatus above grade, for the purpose of providing commercial wireless
telecommunication services to the public.
3.05. For the purposes of this moratorium, the term "CWTS antenna" shall mean the
component of the CWTS which actually transmits and receives the signal.
3.06. The moratorium shall not apply to (a) the lawful use of existing towers, (b) the
repair and/or maintenance of any existing tower provided that such work does not
enlarge or expand that tower, (c) work on a tower necessary to preserve health, safety,
life, or property in the face of an emergency, Gf (d) tower work that has received all
necessary permits and approvals from the City prior to the effective date of this
resolution, or (e) the placement of CWTS antennas on facilities owned and controlled
by the City subiect to restrictions and limitations deemed appropriate by the City in its
sole discretion but only in circumstances where such placement would not be
inconsistent with the obiectives of the study.
Section 4. Enforcement. The City may enforce this resolution by mandamus, injunction
or other appropriate civil remedy in any court of competent jurisdiction.
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Section 5. Term. Unless earlier repealed or modified by the City Council, this
resolution is effective until October 1 , 1996. The City Council may, by adoption of an
interim ordinance pursuant to Minnesota Statutes, Section 462.355, subdivision 4,
modify or extend the moratorium established by this resolution. This resolution takes
effect immediately and replaces City Council Resolution No. 8335, dated June 24,
1996.
Adopted by the City Council of the City of Richfield, Minnesota this 8th day of
July, 1996.
ATTEST:
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Thomas P. Ferber, City Clerk