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HomeMy WebLinkAbout1997-010 Council OrdinancesCouncil Member Lyden introduced the following resolution and moved its adoption: CITY OF LINO LAKES ORDINANCE NO. 10 - 9 7 AN ORDINANCE PLACING A MORATORIUM ON THE ESTABLISHMENT, EXPANSION, MODIFICATION OR REBUILDING OF ANY RADIO COMMON CARRIER FACILITY WITHIN THE CITY OF LINO LAKES The City Council of the City of Lino Lakes ordains that the Lino lakes City Code is amended by adding a chapter to read as follows: SECTION 1. WHEREAS, the City Council of the City of Lino Lakes finds that proper planning for the establishment, expansion, modification or rebuilding of any radio common carrier facility within the City of Lino Lakes is necessary in order to protect the City's planning process and the health, safety and welfare of the citizens; and WHEREAS, the City Council of the City of Lino Lakes as authorized by Minn. Stat. Sec. 462.355, Subd. 4 is conducting studies to consider amendments to the City's official controls, including the zoning code, which would affect the establishment, expansion, modification or rebuilding of any radio common carrier facility within the City of Lino Lakes; and WHEREAS, the City Council of the City of Lino Lakes finds that an interim ordinance placing a moratorium on the establishment, expansion, modification or rebuilding of any radio common carrier facility within zoning districts is necessary to protect the planning process; and WHEREAS, the City Council of the City of Lino Lakes declares that an emergency exists and that it is necessary in order to preserve the public peace, health and welfare, pursuant to Section 3.06 of the Lino Lakes City Charter, that an emergency interim ordinance placing a moratorium on the establishment, expansion, modification or rebuilding of any radio common carrier facility within the City of Lino Lakes should go into effect immediately upon the passage of this Ordinance, so the City can conclude its studies and hearings relative to the amendment of the official controls regulating these activities. SECTION 2, Definitions (a) For purposes of this section, Transmission and Reception Facilities shall mean any antennas or towers having a fixed location and operated to furnish to the public paging or mobile telecommunication service otherwise known as Radio Common Carrier Facilities or "RCCF". SECTION 3, Public Hearing and Study The City Council hereby directs City staff to study the establishment, expansion, modification, or rebuilding of any radio common carrier facilities within the City and to schedule the necessary public hearings, at which time public comment shall be accepted and received regarding the placement and location of such uses within the City. SECTION 4, Location and Term From the effective date of this Ordinance and until its expiration as provided in Section 8 herein, no radio common carrier facility shall be located within any zoning district within the City of Lino Lakes. SECTION 5, Violation The City may enforce any provision of this Ordinance by mandamus, injunction or any other appropriate civil remedy in any Court of competent jurisdiction. SECTION 6, Authority This Ordinance is adopted pursuant to the authority granted to the City in Minn. Stat. Section 462.355, Subd. 4 entitled "Interim Ordinance" and City Charter Provision Section 3.06 entitled "Emergency Ordinance". SECTION 7. Separability Every section, provision or part of this Ordinance or any permit issued pursuant to this Ordinance is declared separable from every other section, provision, or part thereof to the extent that if any section, provision or part of this Ordinance or any permit issued pursuant to this Ordinance shall be held invalid by a Court of competent jurisdiction, it shall not invalidate any other section, provision or part thereof. SECTION 8. Effective Date. This Ordinance shall become effective and shall be in effect for a period of six (6) months from the date hereof. PASSED by the City of Lino Lakes this 14th Jay of April ATTEST: Ma ilynn G.Anderson, Clerk/Treasurer tze- Jo n Landers, Mayor 1997. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Bergeson and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Kuether, Lyden, Neal, Landers. The following voted against same: none, whereupon said ordinance was declared duly passed and adopted.