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CITY 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: