15-11100r CITY OF RICHFIELD
STATE OF MINNESOTA
RESOLUTION NO. 11100
A RESOLUTION ESTABLISHING A MORATORIUM ON THE CONSIDERATION OF
WIRELESS TELECOMMUNICATION FACILITIES AND ANTENNAS IN CITY,
COUNTY, AND STATE RIGHT-OF-WAYS,
AND DIRECTING THAT A PLANNING STUDY BE CONDUCTED
WHEREAS, the City of Richfield regulates the installation of wireless
telecommunication facilities and antennas both on private property and within
public right-of-ways throughout the City; and
WHEREAS, the City of Richfield regulates telecommunication equipment
and antennas in order to protect the public health, safety and general welfare of
the community through minimizing adverse visual effects, avoiding potential
damage from structural failures and to minimize the number of towers needed to
serve the community; and
WHEREAS, the City of Richfield regulates the placement of utilities in
order to promote the health, safety and general welfare of the public through
policies that foster safe travel over the right-of-way, safety around homes and
buildings where overhead feeds are connected and orderly development in the
City. In accordance with City Ordinances, the City is pursuing the
undergrounding of utilities alongside road reconstruction projects along the City
major corridors; and
WHEREAS, Representatives of a telecommunication company have
contacted many cities within Minnesota, including the City of Richfield, indicating
a desire to install a new "Small Cell" technology both on existing power poles and
on new poles within the public right-of-way; and
WHEREAS, City staff has received information that this new technology
may be more common in the very near future; and
WHEREAS, the City of Richfield has the authority, pursuant to common
law and Minnesota Statutes to regulate the installation of utilities and
telecommunications right-of-way users within the public right-of-way; and
WHEREAS, Richfield City Ordinances do not contemplate this type of new
technology; and
WHEREAS, the City's consultants have recommended that the City study
and engage in deliberation of all of the issues pertaining to the development of
Small Cell sites in the City and to evaluate the need for additional standards to
regulate these facilities; and
WHEREAS, the installation of additional above-ground utilities in the
public right-of-way has the potential to negatively impact the health, safety and
welfare of the community if not properly regulated; and
WHEREAS, the City Council has determined a need to undertake a study
to determine the appropriate permitting and land use controls for new
telecommunication facilities and antennas within the public right-of-way; and
WHEREAS, upon completion of the study, the City Council, together with
such city commissions as the City Council deems appropriate or as may be
required by law, will consider the advisability of amending certain official controls.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Richfield, Minnesota as follows:
1. The City Council finds that it is necessary to conduct planning studies to
determine the appropriate permitting and land use controls that should apply to
wireless telecommunication facilities and antennas in the City, County and State
right-of-ways.
2. The purpose of the studies to be conducted includes, but is not limited to
determining the appropriate permitting and licensing standards, and land use and
development standards that should apply to wireless telecommunication facilities
and antennas in the City, County and State right-of-ways and determining the
appropriate changes, if any, that should be made to City Ordinances.
3. The City Council finds that there is a need to adopt a City-wide
moratorium, while the studies referenced in paragraph 1 of this resolution are
being conducted.
4. The City Council finds that this moratorium applies to, but is not limited to,
the following types of land use applications: right-of-way permits, boulevard
feature permits, antenna permits, building permits, and electrical permits for
installation, construction or operation of wireless telecommunication facilities and
antennas in the City, County and State right-of-ways.
5. A study is authorized to be conducted by City staff, to be followed by
consideration of potential changes to the City's Ordinances by the City Council
and such other commissions of the City as required by law or as directed by the
City Council.
6. Pending completion of the study and adoption of any amendments to the
City's official controls, a moratorium is established on the issuance of City
approvals for or related to the installation, construction or operation of any
wireless telecommunication facilities and antennas in the City, County and State
right-of-ways.
7. During the period of the moratorium, applications for any such approvals
related to wireless telecommunication facilities and antennas in the City, County
and State right-of-ways shall not be accepted by the City nor shall the Planning
Commission or City Council consider or grant approval of any such application.
8. The Moratorium established by this resolution shall apply to any
application pending as of the date of this resolution.
9. Unless earlier repealed by the City Council, the moratorium established
under this resolution shall remain in effect until August 23, 2016.
10. This resolution is effective upon adoption.
jf
Debbie Goettel, Mayor
ATTEST:
(6-17)
Elizabeth Van •ose, City Clerk