City Council - 06/18/1996 - Workshop APPROVED AIMITES
EDEN PRAIRIE CITY COUNCIL
TUESDAY, JUNE 189 1996 6:30 p.m. CITY CENTER
COUNCIL/STAFF WORKSHOP Heritage Room IV, 8080 Mitchell Road
COUNCH MEMBERS: Mayor Jean Harris, Councilmembers Ronald
Case, Patricia Pidcock, Ross Thorfinnson,
and Nancy Tyra-Lukens
CITY COUNCIL STAFF: City Manager Carl Jullie, Assistant City
Manager Chris Enger, City Attorney Roger
Pauly, Division Commander of Technical
Support Gary Therkelsen, Director of Public
Works Gene Dietz, Director of Assessing
and MIS Steve Sinell, Communications
Coordinator Terry Kuchera, and Recording
Secretary Barbara Anderson
PRESENTER: Legal Consultant Adrian Herbst, Fredrikson
& Byron, P.A. and Administrator of
Southwest Suburban Cable Commission
I. CALL TO ORDER
The meeting began at 6:45 p.m.
H. PRESENTATION BY ADRIAN HERBS
Herbst discussed the 1996 Telecommunications Act and its purpose which is to make
competition more open and part of the market field between various telecommunications
companies. This legislation will affect municipal zoning codes, as the federal law
preempts the jurisdiction of municipalities to restrict certain types of telecommunication
devices, but allows for cities to regulate placement of facilities along with other zoning
features. Telecommunications wiring placed in the right-of-way along streets and
highways will still come under State and local authority to manage and control, and the
legislation gives State and local governments the authority to charge for the use of right-of-
way on a reasonable, competitively neutral and non-discriminatory basis. Right-of-way
regulation is subject to FCC oversight, and local zoning controls will apply regarding
placement of such facilities as satellite dishes and antenna towers, but these guidelines will
be subject to the guidelines established by the FCC.
Herbst explained the differences between wired services and non-wired services, and
discussed the differences between the cellular telephone systems we presently have versus
the relatively new personal communication services (PCS), which will be appearing more
and more frequently. These personal communication services operate in a much lower
frequency spectrum than cellular telephone services, which requires that the transmission
dishes be closer together.
CITY COUNCIL WORK SESSION 1VIINUTES
June 18, 1996
Page 2
Many cities are doing propagation studies to determine suitable sites for location of
transmission cells. The zoning codes are then modified to reflect the suitable sites which
can be rented to the PCS distributors which makes it possible for them to implement their
business within the city. PCS are a series of transmitters and microwave receivers, which
can be three to four feet in diameter, and are located at distances of one mile apart to
provide adequate coverage for a particular area. As usage increases, so will the number
of the receivers.
Herbst discussed the document structure which may be required in order for a city to
develop and implement a telecommunications ordinance. These might include such items
as a regulatory ordinance, a franchise agreement, a license agreement, franchise fee
schedule, approval and revocation process, oversight and administration, and community
need requirements. Some municipalities have adopted moratoriums which allow them time
to review their needs and determine what types of services will work best in their
communities.
Harris commented that to develop a community needs assessment would be difficult
because the technology was changing so rapidly. Herbst concurred this was very difficult
to do because the general public was usually not aware of the technology which was
available. Cities have been using informed citizens who are formed into focus groups to
study the options which are available and make recommendations to the City.
Discussion ensued regarding what means could be implemented to keep the "playing field"
level for companies who wished to participate. Concern was expressed that the State
might also enact legislation similar to the 1996 Telecommunications Act in order to
establish a greater degree of uniformity throughout Minnesota. The State has enacted
legislation which controls franchises in other areas and establishes uniform guidelines for
all municipalities. Adjacent communities should work together to determine fees and
perhaps develop a reciprocal method whereby both communities would benefit from
services placed along joint boundaries.
Mayor Harris thanked Mr. Herbst for his presentation and the information and requested
that staff bring this item back on another agenda or schedule another workshop.
M. ADTO
The meeting adjourned at 7:28 p.m.