Res 2022- 59 CUP Antenna 1897 Delaware Avenue3553923
Receipt:# 858056
COND $46.00
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5072 NORTH 300 W
PROVO UT 54604
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Recorded on: 8/17/2022 10:51 AM
By: ADS, Deputy
Office of the County Recorder
Dakota County, Minnesota
Amy A. Koethe, County Recorder
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022-59
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW
INSTALLATION OF NEW CELLULAR/WIRELESS COMMUNICATION
EQUIPMENT AND ANTENNAS ON THE TWO RIVERS HIGH SCHOOL FACILITY
LOCATED AT 1897 DELAWARE AVENUE
[PLANNING CASE NO.2022-121
WHEREAS, Dish Wireless, LLC (the "Applicant) in cooperation with Independent
School District No. 197 (the "Owners) requests approval of a conditional use permit (CUP) to
allow the addition of new cellular/wireless equipment and antennas on top of the existing Two
Rivers High School facilities, located at 1897 Delaware Avenue, and legally described in attached
Exhibit A; and
WHEREAS, the Subject Property is guided PSP — Public/Semi-Public in the 2040
Comprehensive Plan, and is situated in the R-1 One Family Residential 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, on July 26, 2022, the Mendota Heights Planning Commission held a public
hearing on this planning case item, whereby a planning report was presented and received by the
commission, and comments from the Applicant and public were allowed, and whereupon closing
the hearing, recommended unanimously (5-0 vote) to approve the request from Dish Wireless,
LLC for the CUP, which would allow the installation of new cellular/wireless equipment and
antennas on top of the Two Rivers High School facility, located at 1897 Delaware Avenue, as
proposed and presented under Planning Case No. 2022-12, with specific finding -of -fact to support
said approval and with related conditions.
NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council that
that request from Dish Wireless, LLC for a CUP, located at 1897 Delaware Avenue, and as
proposed and presented under Planning Case No. 2022-12, may be approved based on the
following findings -of -fact:
A. The proposed project is consistent with the conditional use permit requirements
allowing such wireless equipment and facilities with an institutional (school) use.
B. The proposed project will not negatively affect the public health, safety and general
welfare of the students, faculty and/or the community.
C. The proposed wireless antenna equipment will not result in any significant physical or
significant changes to the existing school structure or visual exterior appearance.
D. Installing the new wireless antennas and equipment will help increase cellular coverage
and data and cellular capacity in the city's service area.
BE IT FURTHER RESOLVED by the Mendota Heights City Council, that the request
from Dish Wireless, LLC for a CUP, which would allow the installation of new cellular/wireless
equipment and antennas on top of the Two Rivers High School facility, located at 1897 Delaware
Avenue, as proposed and presented under Planning Case No. 2022-12, is hereby approved with the
following conditions:
1) The Applicant shall abide by all regulations in Title 12-1D-14 of the City Code.
2) The Applicant shall meet all Federal Communication Commission (FCC) standards
and regulations related to the operation and maintenance of these new antenna features,
including all necessary license(s) to operate such communications equipment.
3) 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.
4) New antennas and related equipment shall comply with all applicable electrical codes.
5) The new antenna arrays and supporting structural materials shall be painted to match
the existing painted color(s) with the other existing cellular communication equipment
on the school.
b) 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, and all safety signs/placards must have current and up-to-date phone
numbers.
Adopted by the City Council of the City of Mendota Heights this 3rd day of August, 2022.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
�u 4 V
Mayor Stephanie Levine
ATTES
Christine Lus City Clerk
Res. 2022-59
EXHIBIT A
Property Address: 1897 Delaware Avenue, Mendota Heights MN 55118
Two Rivers High School
Dakota County Parcel ID Nos. 270250002010,270250001030, 270250001020,
270250001040, 270250001050, 270250001060, and 270250003010
DESCRIPTION OF PROPERTY SURVEYED:
The South 7 acres of the North 12 acres of the East one-half of the Northeast Quarter of the
Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty-three.
AND
The West 426 feet of the North one-half of the Northeast Quarter of the Northeast Quarter of the
Northeast Quarter of Section twenty-five, Township twenty-eight North, Range twenty-three West,
except the North 40 feet thereof.
_►0
The West One -Half of the Northeast Quarter of the Northeast Quarter Section Twenty-five,
Township Twenty-eight, Range Twenty-three, Dakota County.
AND
The Southeast Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight,
Range Twenty-three.
The Southerly One Hundred feet of the Easterly Two Hundred Twenty feet of the North One half
of the Northeast Quarter of the Northeast Quarter of the Northeast Quarter of Section Twenty-
five, Township Twenty-eight, Range Twenty-three, subject to the rights of the Public over the
Easterly Thirty feet thereof for Roadway purposes. Commonly known as "Delaware Avenue".
AND
The South One Hundred feet of the North One Half of the Northeast Quarter of the Northeast
Quarter of the Northeast Quarter of Section Twenty-five, Township Twenty-eight, Range Twenty-
three, except the West Four Hundred Twenty -Six feet, and also except the East Two Hundred
Twenty feet thereof, Dakota County, Minnesota.
AND
The South Eight Acres of the Southeast Quarter of the Northeast Quarter of the Northeast Quarter
of Section Twenty-five, Township Twenty-eight North, Range Twenty- three West.
Roc ?m7_s4
EXCEPT
The West 40 feet of the W 1/2 of the NE 1/4 of the NE 1/4 of Sec. 25, T28N, R23W, excepting
the North 40 feet for street.
ALSO EXCEPT
That portion of the SE 1/4 of the NE 1/4 of Sec. 25, T28N, R23W. Commencing at the NW comer
of said SE 1/4 NE 1/4 thence east 40 feet, thence South 262.50 feet, thence Southeasterly 221.97
feet along an arc of 1,106.28 feet radius concave Northeasterly, thence S110 30'E, 95.16 ft.,
thence Southerly 238.03 feet along an arc of 1,186.28 feet radius concave Southwesterly, thence
South 384 feet more or less to the North right of way line of T.H. 110, thence Westerly 105.0 feet
to the West line of said SE 114 NE 114, thence North 1,197.00 feet more or less, to the point of
beginning.
ALSO EXCEPT
All that part of the following described tract: The southeast quarter of the northeast quarter of
Section 25, township 28 north, range 23 west, except highways; which lies southerly of a line run
parallel with and distant 75 feet northerly of the following described line: Beginning at a point on
the east line of said section 25, distant 364.03 feet north of the east quarter comer thereof; thence
run westerly at an angle of 90°17'45" with said east section line (when measured from north to
west) for 41.28 feet; thence deflect to the left on a 16°00' curve (delta angle 40000') for 250 feet;
thence on tangent to said curve for 101.75 feet; thence deflect to the right on an 8*00' curve (delta
angle 40000') for 500 feet thence on tangent to said curve for 600 feet and there terminating.
ALSO EXCEPT
The east 30.00 feet of the North 112 of Section 25, Township 28, Range 23, dedicated on the
Plat of Delaware.
Property is located in Dakota County, Minnesota.
Drafted by: City of Mendota Heights
1101 Victoria Curve
Mendota Heights, MN 55118