Res 2000 - 34 Approving a Conditional Use Permit to Metricom to Place Wireless Internet Radios on Various Light Poles in Mendota Heights Subject to Certain ConditionsCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 00-34
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO
METRICOM TO PLACE WIRELESS INTERNET RADIOS ON VARIOUS
LIGHT POLES IN MENDOTA HEIGHTS SUBJECT TO CERTAIN
CONDITONS
WHEREAS, Mr. Bill Buell of Buell Consulting on behalf of Metricom has
applied for a Conditional Use Permit to place wireless internet radios on various light
poles within Mendota Heights as proposed in Planning Case #00-16; and
WHEREAS, The Planning Commission discussed this application at their regular
meeting on March 28, 2000 and
WHEREAS, The Planning Commission voted 4-0 (with three Commissioners
excused from the meeting) to recommend that the Council approve this application,
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Conditional Use Permit to place wireless internet radios
on various light poles within Mendota Heights as proposed in Planning Case #00-16 is
hereby approved under the following conditions:
1. An official of Metricom with the legal authority to contractually obligate
Metricom will sign the letter drafted by City Attorney Tom Hart on April 6, 2000.
This letter indicates that Metricom understands that the CUP approval is
contingent upon agreement between the City and Metricom as to the location each
of these radios and that Metricom acknowledges that the CUP approval is null and
void if the City and Metricom fail to reach this agreement for any reason. This
Conditional Use Permit shall not take effect until this letter is signed and received
by the City and all other Conditions herein are met.
2. Metricom shall execute a Right -of -Way agreement with the City of Mendota
Heights prior to the installation of any radios. The Right -of -Way agreement shall
include a map of the exact locations of each of the radios and provide for an
abandonment bond or letter of credit to the City in a form and amount agreed to
by the City and Metricom. Final approval of this Right -of -Way agreement and
map shall be required prior to the installation of any radios.
3. Metricom shall adhere to all requirements contained the in Cellular/PCS
ordinance Number 317.
4. Metricom shall attempt to install the silver -colored equipment boxes if possible
rather than the white boxes on the NSP poles.
5. Metricom may proceed with a separate Conditional Use Permit application to
place the "wired access point" antennae installation on the City's water tower.
The adoption of this Resolution 00-34 for the radio installations, however, in no
way implies approval of the water tower CUP application.
BE IT FURTHER RESOLVED by the City Council of the City of Mendota
Heights that this Conditional Use Permit to place wireless interne radios on various light
poles within Mendota Heights as proposed in Planning Case #00-16 under the above
conditions would not have an adverse impact on the health, safety and general welfare of
the citizens of the community and the surrounding land, and would not be adverse to the
general purpose and intent of the Zoning Ordinance.
Adopted by the City Council of the City of Mendota Heights
this 18th day of April, 2000.
ATTEST:
By - _
Kathleen M. Swanson, City Clerk
CITY COUNCIL
CITY F MENDOTA HEIGHTS
By
Charles E. Mertensotto, Mayor