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STATE OF MINNESOTA <br />COUNTY OF WASHINGTON <br />CITY OF LAKE ELMO <br />ORDINANCE NO. 8152 <br />AN ORDINANCE RELATING TO A DEVELOPMENT MORATORIUM ON THE PLACEMENT, <br />CONSTRUCTION AND MODIFICATION OF WIRELESS TELECOMMUNICATION FACILITIES <br />The Lake Elmo City Council hereby ordains that Section 301.160 is added to the <br />Municipal Code to read as follows: <br />Moratorium on Wireless Telecommunication Towers. <br />A. The City has begun the process of collecting data relating to the placement, <br />construction, and modification of wireless telecommunication facilities so that it may adopt <br />regulations which balance the City's right to control development with the right of private entities <br />to require the City to reasonably accommodate wireless telecommunications facilities. <br />B. The City may engage engineering consultants with the appropriate expertise to assist <br />it in obtaining data on which to base reasonable regulations for the location, height, and number <br />of wireless telecommunication facilities. <br />C. Upon receipt of the data base, the City will draft regulations and conduct public <br />hearings. <br />D. Except as hereinafter provided and in order to protect the integrity of its current <br />comprehensive plan and development regulations, the City hereby adopts a development <br />moratorium pursuant to M.S. 462.355, Sub. 4, on the placement, construction and modification of <br />wireless telecommunication facilities. <br />E. The term of the moratorium shall commence on the day following publication of this <br />Ordinance and shall continue for one (1) year thereafter or until the Lake Elmo City Council takes <br />action to after the term of the moratorium, whichever event occurs first. <br />F. During the term of the moratorium, wireless telecommunication facilities may be <br />allowed on existing public and private water towers pursuant to contracts. The terms of the <br />contract shall take into consideration the reasonable accommodation requirements of the <br />Telecommunications Act of 1996. <br />EFFECTIVE DATE: This Ordinance shall be effective the day following its publication or on the <br />day following the publication of an Ordinance Summary approved by the City Council. <br />ADOPTION DATE: Passed by the Lake Elmo City/Council the 21stt day of January, 1997. <br />Ly <br />y John, <br />ATTEST: <br />Mary Kue ner, Cft .A ministrator <br />PUBLICATION DATE: This Ordinance was published on the 24th day <br />of January, 1997. <br />