FINAL ORDINACNE NO. 08-012 - Laserfiche WebLink

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STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO ORDINANCE NO. 08-012 AN INTERIM ORDINANCE (MORATORIUM) RELATING TO THE CONSTRUCTION OR MODIFICATION OF NEW OR EXISTING TELECOMMUNICATION. TOWERS The Lake Elmo City Council ordains: 1.0 Recital s. A. City's current regulations relating to _ wireless telecommunication towers are contained in City Cade Sections 150.110-150.126. B. On December 9, 2008, the Lake Elmo City Council adopted Ordinance No. 08.011 which gave the City more flexibility when balancing, collocation requirements .and Impacts of wireless telecommunication .towers on the surrounding environment. C. During the City Council discussions in regard to Ordinance No. 08-011, It became apparent that there have been technological changes and service demand changes In the wireless communication tower Industry which have 'occurred since the City first adopted Its wireless telecommunication tower standards in 1998. D. In order to protect the planning process and the health, safety and welfare of its citizens, the City needs additional time to conduct studies and/or to receive engineering Input in regard to the effectiveness of .the., City's current regulations and to ensure that any revisions to the City's current regulations are In compliance with the mandates of the Telecommunications Act of 1996. 2.0 Moratorium. The Lake Elmo City Council . hereby determines that a moratorium relating to the constructlon or modification of new and existing wireless telecommunication towers, except those hereinafter exempted, is necessary. 3.0 Duration of Moratorium, The wireless telecommunication tower moratorium will commence on the effective date of this Ordinanceand will continue for 12 months thereafter unless otherwise terminated or extended by action of the City Council. 4.v" Lkainy22 . This Ordinance shall not apply to the construction or modification of any wlrelaee telecommunication toweaq o'n which applications have been received prior to January 1, 2009. 5.0 Emoroement. The City may enforce any provision of this Ordinance by mandamus, Injunction, or other appropriate civil remedy in any court of competent jurisdiction. 6.0 Seoarabillty. -Every section, provision, or part of this Ordinance is declared separable from every other section, provision, or part of this Ordinance. If any section, provision or part of this Ordinance is adjudged to be Invalid by a court of competent jurisdiction. Such judgment should not invalidate any other section, provision or part of this Ordinance. Effective Date. This Ordinance shall be effective on the date following its publication or on the date following the publication of an Ordinance Summary approved by the Lake Elmo City Council. Adoption Date: Passed by the Lake Elmo City Council on the 6th day of January, 2009. Dean Johnston, Mayor ATTEST: Interim City Administrator (Oakdale -Lake Elmo Review: Jan. 28, 2009)