97-015 RESCITY OF ELK RIVER
CITY COUNCIL
RESOLUTION NO. 97 - 15
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 TIlE 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 hkely
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 laxvful 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.
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 apphcations 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
Sandra. A. ~I'hacke~ay, C~ty Cie;k
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