Res 2022- 18 CUP 894 Sibley Memorial Hwy CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-18
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE
ADDITION OF NEW CELLULAR/WIRELESS EQUIPMENT AND ANTENNAS
TO AN EXISTING WIRELESS COMMUNICATIONS TOWER
LOCATED AT 894 SIBLEY MEMORIAL HIGHWAY
[PLANNING CASE NO. 2022-02]
WHEREAS, Dish Wireless, LLC {the "Applicant/Owner") requests approval of a
conditional use permit {CUP) to allow the addition of new cellular/wireless equipment and
antennas to an existing wireless communications tower, as proposed under Planning Case No.
2022-02, and for the property located at 894 Sibley Memorial Highway, legally described in
attached Exhibit A; and
WHEREAS, the Subject Property is guided LB-Limited Business in the 2040
Comprehensive Plan, and situated in the LB-Limited Business District, and is situated in the
Mississippi River Corridor Critical Area(MRCCA) Overlay District; and
WHEREAS, City Code Section 12-1D-14 requires a conditional use permit approval for
any new or additional wireless antennas or communication systems to an existing tower or
dedicated wireless communications facility; and
WHEREAS,whenever new cellular equipment is being added or co-located to an existing
wireless communications tower situated in the Mississippi River Corridor Critical Area district,
this minor level of work or installation is considered exempt from the city's MRCCA Ordinance
Section 12-3-51B.6, and therefore no new MRCCA Permit is necessary for this application; and
WHEREAS,on February 22,2022,the Mendota Heights Planning Commission conducted
a public hearing on the proposed conditional use permit application, and whereupon closing the
hearing,recommended unanimously(6-0 vote)to approve the conditional use permit,which would
allow the addition of new cellular/wireless equipment and antennas to an existing wireless
communications tower, as proposed under Planning Case No. 2022-02, and for the property
located at 894 Sibley Memorial Highway, with certain conditions and specific finding-of-fact to
support said approval.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the conditional use permit proposed under Planning Case No. 2022-02, may be approved, based
on the following findings of fact:
A. The proposed project is consistent with the conditional use permit requirements
allowing such facilities and for providing additional antenna arrays and equipment.
B. The proposed project will not negatively affect the public health, safety and general
welfare of the community.
C. Upgrading the wireless antenna facility's antennas and equipment will help
increase the data and cellular capacity in the service area.
D. The proposed project does not include any modifications to the tower height, or
accessory (support) structures, so no ground disturbances will occur, and the new
wireless equipment will be painted to match the existing equipment and help
maintain the existing aesthetics of the tower facility.
E. Although this project is situated in the Mississippi River Corridor Critical Area,
these added antenna improvements are considered minor (or exempt) under the
current MRCCA Ordinance of the City of Mendota Heights; and there will be no
negative impacts upon the critical area related to the installation of these new
antennas on the existing tower.
BE IT FURTHER RESOLVED by the Mendota Heights City Council, that the
conditional use permit to allow the addition of new cellular/wireless equipment and antennas to an
existing wireless communications tower, as proposed under Planning Case No. 2022-02, and for
the property located at 894 Sibley Memorial Highway, and for Dish Wireless, LLC, 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 02/22/2022 Planning Staff Report for Planning Case No. 2022-02.
2) The Applicant shall meet all Federal Communication Commission(FCC) standards
and regulations related to the operation and maintenance of these new antenna
features.
3) The applicant must submit proof of any applicable federal, state, or local licenses
to the council prior to receiving a building permit.
4) A building permit must be approved prior to any installation or new construction
work. The Applicants must provide the name and contact information of a private,
third-party structural engineering inspection firm or structural inspector to provide
reports to the city's Building Official confirming all new work and structural
additions were done in accordance with State of Minnesota Building Codes.
S) The new antennas and related equipment shall comply with all applicable
electrical codes.
6) The new antenna arrays and supporting structural materials shall be painted to
match the existing painted color on the tower and other systems.
7) No added lighting or advertisement of any kind, including any noticeable
provider/company logo shall be placed on any part of the antenna arrays,which
may be noticeable or viewed by the general public from the ground or
surrounding properties.
Res.2022-18 Page 2 of 4
8) Fencing of at least six feet('6')in height shall be installed around the new equipinent
platform on the site that is not part of the structural building,, and composed of
material or installed with added screening measures to be determined by city staff
and the Applicant,
9) The applicant shall provide to the City, as required by City Code Section 12-IJ-
6.1-11b, an abandonment bond equal to one and one half(1-1/2) times the current
cost of ren-loval and disposal of the antenna arrays and any supporting equipment.
Adopted by the City Council of the City of Mendota Heights this 1" day of March, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
2
Mayor Stephanie Levine
ATTEST
Lorri Smith, City Clerk
Drafted by: City of Mendota Heiglits
11 1 Victoria Curve
Mendota,Heights, MN 55118
Res.2022-18 Page 8 of 4
EXHIBIT A
Property Address: 894 Sibley Memorial Highway, Mendota Heights, MN 55118
Property ID No.: 27-64251-01-010
Legal Description:
Lot 1, Block 1; RiVERWOOD PLACE 2"d ADDITION, Dakota County, Minnesota
[Abstract Property]
Res.2022-18 Page 4 of 4
3533576
Receipt:# 837870
COND $46.00
Return to:
SIMPLIFILE
5072 NORTH 300 W
PROVO UT 54604
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
Recorded on: 4/7/2022 3:22 PM
By: AS, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
STATE OF MINNESOTA )
COUNTY OF DAKOTA ) S.S.
CITY OF MENDOTA HEIGHTS )
I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do
hereby certify that the attached Resolution 2022-18 Approve a Conditional
Use Permit for Addition to a Cell Tower at 894 Sibley Memorial
Highway is an exact copy of the resolution on file in my office adopted by the
Mendota Heights City Council.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-18
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE
ADDITION OF NEW CELLULAR/WIRELESS EQUIPMENT AND ANTENNAS
TO AN EXISTING WIRELESS COMMUNICATIONS TOWER
LOCATED AT 894 SIBLEY MEMORIAL HIGHWAY
[PLANNING CASE NO.2022-02]
WHEREAS, Dish Wireless, LLC {the "Applicant/Owner") requests approval of a
conditional use permit {CUP) to allow the addition of new cellular/wireless equipment and
antennas to an existing wireless communications tower, as proposed under Planning Case No.
2022-02, and for the property located at 894 Sibley Memorial Highway, legally described in
attached Exhibit A; and
WHEREAS, the Subject Property is guided LB -Limited Business in the 2040
Comprehensive Plan, and situated in the LB -Limited Business District, and is situated in the
Mississippi River Corridor Critical Area (MRCCA) Overlay District; and
WHEREAS, City Code Section 12-1D-14 requires a conditional use permit approval for
any new or additional wireless antennas or communication systems to an existing tower or
dedicated wireless communications facility; and
WHEREAS, whenever new cellular equipment is being added or co -located to an existing
wireless communications tower situated in the Mississippi River Corridor Critical Area district,
this minor level of work or installation is considered exempt from the city's MRCCA Ordinance
Section 12-3-51B.6, and therefore no new MRCCA Permit is necessary for this application; and
WHEREAS, on February 22, 2022, the Mendota Heights Planning Commission conducted
a public hearing on the proposed conditional use permit application, and whereupon closing the
hearing, recommended unanimously (6-0 vote) to approve the conditional use permit, which would
allow the addition of new cellular/wireless equipment and antennas to an existing wireless
communications tower, as proposed under Planning Case No. 2022-02, and for the property
located at 894 Sibley Memorial Highway, with certain conditions and specific finding -of -fact to
support said approval.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
the conditional use permit proposed under Planning Case No. 2022-02, may be approved, based
on the following findings of fact:
A. The proposed project is consistent with the conditional use permit requirements
allowing such facilities and for providing additional antenna arrays and equipment.
B. The proposed project will not negatively affect the public health, safety and general
welfare of the community.
C. Upgrading the wireless antenna facility's antennas and equipment will help
increase the data and cellular capacity in the service area.
D. The proposed project does not include any modifications to the tower height, or
accessory (support) structures, so no ground disturbances will occur, and the new
wireless equipment will be painted to snatch the existing equipment and help
maintain the existing aesthetics of the tower facility.
E. Although this project is situated in the Mississippi River Corridor Critical Area,
these added antenna improvements are considered minor (or exempt) under the
current MRCCA Ordinance of the City of Mendota Heights; and there will be no
negative impacts upon the critical area related to the installation of these new
antennas on the existing tower.
BE IT FURTHER RESOLVED by the Mendota. Heights City Council, that the
conditional use permit to allow the addition of new cellular/wireless equipment and antennas to an
existing wireless connnnunications tower, as proposed under Planning Case No. 2022-02, and for
the property located at 894 Sibley Memorial Highway, and for Dish Wireless, LLC, 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 02/22/2022 Planning Staff Report for Planning Case No. 2022-02.
2) The Applicant shall meet all Federal Coinrnunication Commission (FCC:) standards
and regulations related to the operation and maintenance of these new antenna
features.
3) The applicant must submit proof of any applicable federal, state, or local licenses
to the council prior to receiving a building permit.
4) A building permit must be approved prior to any installation or new construction
work. The Applicants must provide the name and contact information of a private,
third -party structural engineering inspection find or structural inspector to provide
reports to the city's Building Official confirming all new work and structural
additions were done in accordance with State of Minnesota Building Codes.
S) The new antennas and related equipment shall comply with all applicable
electrical codes.
6) The new antenna arrays and supporting structural materials shall be painted to
match the existing painted color on the tower and other systems.
7) No added lighting or advertisement of any kind, including any noticeable
provider/company logo shall be placed on any part of the antenna arrays, which
may be noticeable or viewed by the general public from the ground or
surrounding properties.
Res. 2022-18 Page 2 of 4
8) Fencing of at least six feet ('6') in height shall be installed around the new equipinent
platform on the site that is not part of the structural building,, and composed of
material or installed with added screening measures to be determined by city staff
and the Applicant,
9) The applicant shall provide to the City, as required by City Code Section 12-IJ-
6.1-11b, an abandonment bond equal to one and one half (1-1/2) times the current
cost of ren-loval and disposal of the antenna arrays and any supporting equipment.
Adopted by the City Council of the City of Mendota Heights this 1" day of March, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
"�l 2
Mayor Stephanie Levine
Lorri Smith, City Clerk
Drafted by: City of Mendota Heiglits
11 1 Victoria Curve
Mendota, Heights, MN 55118
Res. 2022-18 Page 8 of 4
EXHIBIT A
Property Address: 894 Sibley Memorial Highway, Mendota Heights, MN-1 55118
Property ID No.: 27-64251-01-010
Legal Description:
Lot 1, Block l; RiVERWOOD PLACE 2nd ADDITION, Dakota County, Minnesota
[Abstract Property]
Res. 2022-18 Page 4 of 4