Ordinance No. 20072 - Laserfiche WebLink

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analyses and tasks . The telecommunications plan will include at least three major components ~1} development of an ordinance, zoning and right-of way policies; ~2} determination of a fair franchise fee for the use of the right-of way; and ~3} identification of community needs and analysis of how those needs can be met, The City anticipates spending at least $55,000 to contract with consultants to assist the City with the development of the plan. These consultants include a Washington, D.C. law firm with specialists in telecommunications law, and a Seattle engineering firm with specialists in telecommunications technology. In addition to city staff assigned to work on the project, the City also is using the services of the Lane Council of Governments ~LCGG} to assist with the plan's development. Finally, the City recently hosted a Conference on the Telecommunications Act of 1996 to which local governmental entities including Lane County, Springfield, the University of Oregon, Eugene Water and Electric Board, Springfield Utility Board, LCGG, and school districts} were invited. 9. Since the passage of the Act in February, the City has received numerous inquiries from telecommunications providers about construction of telecommunications facilities within the City, including calls from ~1}cellular, paging, and PCS providers, ~2} independent non providers who want to lease space to telecommunication providers, and ~3} land use consultants and attorneys representing unnamed companies and individuals. Within the past several weeks, almost 15 applications have been filed for conditional use permits far new telecommunications towers and antennas . 10. Consistent with the Telecommunications Act, the City intends to allow all wireless telecommunications providers to locate facilities and do business within the City. With planning, issuance of necessary permits for such providers can be streamlined, and therefore expedited. The City requires time, however, to study the feasibility of requiring co-location of facilities and imposing limits on the type and location of telecommunications facilities. As noted in paragraph 7, even the providers do not all agree on the feasibility of requiring co-location. Time also is needed to develop the telecommunications plan. A short-term moratorium on building and land use permits for telecommunications facilities would provide the City Council with the time to adopt a telecommunications plan and develop implementing ordinances that will meet the needs of both the telecommunications providers and the people who reside and work in the City. In S rint S estrum L.P. v. Ci of Medina, a federal court concluded that such ashort-term moratorium is consistent with Section 704 of the Telecommunications Act. Based on the general findings above, and the specific findings below, the City Council finds that such ashort-term moratorium also is consistent with state statutes governing moratoria. ORS 197.520(3) FINDINGS 11. GRS 197.5203}provides that a local government may impose a moratorium based on a demonstration of "compelling need." Such a demonstration must be based upon reasonably available information, and include findings: A. That application of existing development ordinances or regulations and other applicable law is inadequate to prevent irrevocable public harm from -3-