Res 1995 - 54 Approving a Conditional Use Permit & a Variance Allowing a Cellular Telephone Transmission Tower & Related ImprovementsCITY OF MEIVDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 95-54
RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND A VARIANCE
ALLOWING A CELLULAR TELEPHONE TRANSMISSION TOWER AND
RELATED IMPROVEMENTS
WHEREAS, AT&T Wireless Services ("AT&T") has applied to the City of
Mendota Heights (the "City") for a conditional use permit (the "CUP") and a
variance relating to the use of certain property located at the northwest quadrant
of Trunk Highway 55 and Interstate Highway 494, referred to as Minnesota
Department of Transportation Parcel 218 (the "Site");
WHEREAS, the City Council deems that the granting of the CUP and
Variance, in connection with the construction and operation of a cellular telephone
transmission tower (the "Transmission Tower") and antennae ("Antennae") is in the
r furtherance of the public's health, welfare and safety;
WHEREAS, the City Council deems that the granting of the CUP and
Variance is consistent with the conditions to its approval of the transmission tower
constructed by Cellular One in 1993; ,
WHEREAS, the City Council deems that conditions contained herein to
granting of the CUP and Variance are based upon the applicable ordinances and
code provisions of the City and not AT&T's technical requirements for the
construction and operation of the Transmission Tower and Antennae;
NOW, THEREFORE, BE IT HEREBY RESOLVED that the City Council of the
City of Mendota Heights hereby grants a Conditional Use Permit (the "CUP") and a
Variance with respect to the Site subject to the execution of that certain
Indemnification Agreement attached hereto and incorporated herein as Exhibit A
and the following conditions.
1. Height. The Transmission Tower and Antennae shall not exceed
ninety-five feet (95') in height. �
2. Imnrovements. Prior to activation of the Transmission Tower and
Antennae, AT&T shall: (a) paint the Transmission Tower and
Antennae to match the color of the City's water �tower: (b) pave the
access drive and alter the turnaround to the west side of the access
drive on the Site to meet the City's applicable setback requirements; m
construct a brick facade and sloped roof on the equipment building
and provide appropriate landscape and screening around the
equipment building, Transmission Tower, and Antennae on the Site in
accordance with City standards, to be approved by the City's
planning consultant.
3. Limitation on Antennae. AT&T shall erect no more than six antennae -
(maximum dimension - eight feet (8') long by twelve inches (12")
wide) related to the Transmission Tower in accordance with the terms
hereof. AT&T maintains the right to petition the City to allow the '
addition of three additional antennae for a maximum of nine antennae
at the Site, which petition may be rejected or granted in the City's
sole discretion.
4. Term of CUP. The CUP shall automatically and without further action
by the City terminate, expire, and be of no further force and effect on
a date five (5) years from the date hereof unless prior such date the
Transmission Tower and Antennae have bene permanently lowered to
a height of not greate� than seventy-five feet (75'). The CUP shall
also terminate, expire and be of no further force and effect if AT&T
breaches or otherwise fails to comply with the terms and conditions
set forth herein. In the event the CUP is terminated pursuant to the
terms hereof, AT&T shall have the right to re-apply for a conditional
use permit approval for the Transmission Tower and Antennae upon
de novo review by the City, with no presumption whatsoever in favor
of extending the term�of the CUP or granting a new CUP based on the
pre-existence of such Transmission Tower and Antennae.
5. Variance. The following Variance is granted solely for
accommodating the use of the equipment building on the Site: A
Twenty-five foot (25') side yard 'setback' Variance allowing the
equipment building on the Site to be set fifteen feet (15') from the
side property line instead of the required forty feet (40') setback.
6. Performance Bond. AT&T shall immediately provide to the City a
Performance Bond in the amount of 55,000 to guarantee that the
work described above is fully complete within 90 days of the
adoption of this resolution. Should AT&T not complete the described
work, AT&T would forfeit the bond to the City and would be �
obligated to deactivate the Antennae and Transmission Tower.
BE IT FURTHER RESOI.VED that the Mayor and City Cierk of the City of
Mendota Heights are hereby autharized and directed to execute such Agreement
#or Conditional Use Permit on behalf af the City.
Adopted by the iUlendota Heights City Council this �.9 day of September,
1995.
CITY COUNClL
CiTY OF MENDOTA HEiGHTS
gy �.,,.�. �"� �'1..,.�;',; �'
CharEes E. Mertensotto
Mayor
ATTEST:
���
- thieen M. Swanson
City Clerk