7.11. SR 02-18-1997ITEM 7.11.
ity of
iver
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council
Steve Ach, City Planner.~~
February 18, 1997
Consider Resolution Establishing a
Six Month Moratorium for the
Construction of New Communication
Towers
Issue
The City Council is asked to consider a resolution establishing a six month
moratorium on the construction of new communication towers.
Attachments
· Resolution No. 97-
Overview
The six month moratorium will allow staff and the Planning Commission
time to review the city's current ordinance regarding the antenna overlay
zoning district and regulations for the construction of towers within the city.
The moratorium will not apply to (1) the lawful use of existing towers or the
lawful erection of antennae on such existing towers, (2) the repair and/or
maintenance of any existing tower provided that such work does not enlarge
or expand that tower, (3) work on a tower necessary to preserve health,
safety, life, or property in the face of an emergency, and (4) tower work that
has received all necessary permits and approvals from the City prior to the
effective date of this resolution.
This request for the moratorium is being brought forward at the request of
the Planning Commission based on issues raised by the Planning
Commission in respect to the review of a recent application submitted by
American Portable Telecom.
s:\councilktelmorat.doc
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · l~ax: (612) 441-7425
Length of Moratorium
The moratorium is requested for six months; however, as soon as the
ordinance amendment is completed the moratorium will terminate.
Recommendation
It is recommended the City Council consider Resolution No. 97-
a six month moratorium as setforth in the attached resolution.
__, granting
CITY OF ELK RIVER
CITY COUNCIL
RESOLUTION NO. 97 -
A RESOLUTION ORDERING A PUBLIC HEARING ON A
PROPOSED MORATORIUM FOR THE CONSTRUCTION OF NEW
TOWERS AND DIRECTING THAT NO PERMITS OR APPROVALS BE
GRANTED PENDING THE PUBLIC HEARING
WHEREAS, recent advances in wireless communications technology
have resulted in a new generation of cellular communication services. These
new services, called "Personal Communications Services" ("PCS") will likely
require numerous antenna locations throughout the community.
WHEREAS, there is concern that current City ordinances may not
adequately address issues relating to these towers, such as the appropriate
locations for these towers and the conditions under which they may be
allowed within the City, including structural and construction requirements,
co-location, setbacks, and height limitations.
WHEREAS, there is a need to study these and other issues to
determine what regulatory controls may need to be adopted and which areas
of the current ordinance need to be amended to protect the public health,
safety, and welfare.
WHEREAS, the Planning Commission has recommended the City
Council impose a moratorium on the approval or construction of towers until
the ordinance is reviewed and amended accordingly.
WHEREAS, the moratorium shall not apply to (1) the lawful use of
existing towers or the lawful erection of antennae on such existing towers, (2)
the repair and/or maintenance of any existing tower provided that such work
does not enlarge or expand that tower, (3) work on a tower necessary to
preserve health, safety, life, or property in the face of an emergency, and (4)
tower work that has received all necessary permits and approvals from the
City prior to the effective date of this resolution.
NOW, THEREFORE, the City Council of the City of Elk River,
Minnesota, finds and resolves as follows:
City Council finds that it is in the best interests of the citizens of
Elk River to consider a moratorium on the construction of towers
as recommended by the Planning Commission.
o
The City Council further finds that it is necessary to protect the
integrity of the planning process and to restrict the development
of towers until the City Council can hold a public hearing and
act on the proposed moratorium ordinance.
3. Therefore, the City Council resolves and directs as follows:
-City staff is directed to schedule public hearings on a
proposed moratorium ordinance for the Planning Commission's
April meeting and the City Council's third meeting in May.
-City staff is directed not to accept any applications for any
approval required by the Zoning Ordinance for the development
of towers, nor to accept any applications for or issue any
building permits for construction of tower, until the City Council
has completed its public hearing on the proposed moratorium
resolution.
Passed and adopted by the City Council of the City of Elk River, Minnesota,
this 18th day of February, 1997.
Henry A. Duitsman, Mayor
ATTEST:
Sandra A. Thackeray, City Clerk
s:kdocumentXresoluti\97-rnor.doc