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Res 2014- 48 CUP Upgrades to Wireless Antenna Fac 1196 Northland DrCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-48 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR UPGRADES TO A WIRELESS ANTENNA FACILITY AT 1196 NORTHLAND DRIVE WHEREAS, SAC Wireless, on behalf of AT&T, has applied for a conditional use permit for wireless antenna facility upgrades to an existing facility at 1196 Northland Drive (SECTION 34, TWN 28, RANGE 23; PID# 27-03400-75-014) as proposed in Planning Case 2014-23; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting August 26, 2014. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2014-23 is hereby approved with the following findings of fact: 1. The proposed project is consistent with the conditional use permit requirements allowing such facilities. 2. The proposed project will not negatively affect the public health, safety and general welfare of the community. 3. Upgrading the wireless antenna facility's antennas and equipment will help increase the data and call capacity in the service area. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2014-23 is hereby approved with the following conditions: 1. The applicant shall abide by all regulations in Title 12-1D-14 of the City Code, as outlined in the Staff report. 2. The applicant, or applicant's representative, will draft an amendment to the existing Lease Agreement to be signed by the City. Adopted by the City Council of the City of Mendota Heights this second day of September, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS Sandra Krebs ch, Mayor ATTEST: J.— Lorri Smith, City Clerk EXHIBIT A Legal Description SECTION 34, TWN 28, RANGE 23 PT OF SE 1/4 COM SW COR SE 1/4 OF SE 1/4 N 19D 45M W 700 FT E & PARR WITH S LINE 62 FT TO RR R/W SE ON R/W TO S LINE W 217.4 FT TO BEG LYING N'LY OF LINE BEG R/W BDRY COR B-10 R/W PLAT NO 19-33 E'LY 570.23 FT TO COR B-11 THENCE CONT SAME BEAR 200 FT & THERE TERM EX PARC 27-03400-012-75 Res 2014-48 page 2 Receipt# 356884 ABSTRACT FEE 1 11 111 1 11111 1111 11111 11111 1 1111 11111 1111 1111 $' 3046080 Return to: CITY OF MENDOTA HEIGHTS 1101 VICTORIA CURVE MENDOTA HEIGHTS, MN 55118 Recorded on: 1/6/2015 03:18:15PM By: STG, Deputy Joel T. Beckman County Recorder Dakota County, MN CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2014-48 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR UPGRADES TO A WIRELESS ANTENNA FACILITY AT 1196 NORTHLAND DRIVE WHEREAS, SAC Wireless, on behalf of AT&T, has applied for a conditional use permit for wireless antenna facility upgrades to an existing facility at 1196 Northland Drive (SECTION 34, TWN 28, RANGE 23; PID# 27-03400-75-014) as proposed in Planning Case 2014-23; and WHEREAS, the Mendota Heights Planning Commission held a public hearing on this matter at their regular meeting August 26, 2014. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2014-23 is hereby approved with the following findings of fact: 1. The proposed project is consistent with the conditional use permit requirements allowing such facilities. 2. The proposed project will not negatively affect the public health, safety and general welfare of the community. 3. Upgrading the wireless antenna facility's antennas and equipment will help increase the data and call capacity in the service area. BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the conditional use permit request as proposed in Planning Case 2014-23 is hereby approved with the following conditions: 1. The applicant shall abide by all regulations in Title 12-1D-14 of the City Code, as outlined in the Staffreport. 2. The applicant, or applicant's representative, will draft an amendment to the existing Lease Agreement to be signed by the City. Adopted by the City Council of the City of Mendota Heights this second day of September, 2014. CITY COUNCIL CITY OF MENDOTA HEIGHTS andra Krebs Mayor ATTEST: Lorri Smith, City Clerk EXHIBIT A Legal Description SECTION 34, TWN 28, RANGE 23 PT OF SE 1/4 COM SW COR SE 1/4 OF SE 1/4 N 19D 45M W 700 FT E & PARR WITH S LINE 62 FT TO RR R/W SE ON R/W TO S LINE W 217.4 FT TO BEG LYING N'LY OF LINE BEG R/W BDRY COR B-10 R/W PLAT NO 19-33 E'LY 570.23 FT TO COR B-11 THENCE CONT SAME BEAR 200 FT & THERE ILRM EX PARC 27-03400-012-75 Res 2014-48 page 2 STATE OF MINNESOTA COUNTY OF DAKOTA CITY OF MENDOTA HEIGHTS ) s.s. I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution 2014-48, CUP for Upgrades to Wireless Antenna 1196 Northland Drive is an exact copy of said Resolution on file in my office adopted by the Mendota Heights City Council on September 2, 2014. Signed and sealed by my hand on this 30th day of December, 2014. Lorri Smith City Clerk