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.