Res 2008-36 Approving CUP @ 2425 Lexington AveCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 08 -3 6.:
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AT
2425 LEXINGTON AVE
WHEREAS, Telecom Transport Management, Inc. on behalf of the City of
Mendota Heights has applied for a Conditional Use Permit install and antenna at 2425
Lexington Ave [PIN: 27- 48200 - 010 -01, Lot 1 Block 1 Medallion Park (NE Quarter SE
Quarter)] as proposed in Planning Case #08 -15; and
WHEREAS, The Planning Commission held a public hearing on this application
at their regular meeting on May 27, 2008; and
WHEREAS, The Planning Coiuinission voted to recommend that the Council
approve the Conditional Use Permit as presented to the Planning Commission on the
evening of May 27, 2008 and as shown in Planning Case #08 -15.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the
City of Mendota Heights that a Conditional Use Permit at 2425 Lexington Ave as
proposed in Planning Case #08 -15 is hereby approved with the following conditions:
1. A lease agreement shall be established between the applicant and the City.
2. Additional mounting hardware shall be painted to match the water tower.
3. Structures, functions, uses or activities that are not found by the City to be
specifically necessary for the proper functioning of the antenna shall be prohibited
on any antenna or tower without express permission from the City unless the City
grants a waiver to this requirement.
4. All antennas and accessory structures shall conform to all building and electrical
codes. Details shall be provided with the building permit application.
5. The proposed electrical box shall be painted to snatch the immediate surroundings
in an aesthetically pleasing manner.
6. Unused or obsolete antennas, structures, or apparatus must be removed within six
(6) months of when the operation ceases.
7. The applicant shall provide a performance bond to the City that satisfies Section
12- lJ- 6.H.b.
8. The applicant shall submit proof of any applicable federal, state, or local licenses
to the City Council prior to receiving a building permit.
9. The applicant must agree in writing to support, participate in and refrain from
interfering with public warning systems and public safety communications.
10. The applicant shall provide to the City a report from a qualified professional
engineer guaranteeing noninterference and a copy of the FCC license of the
antenna in regard to noninterference.
11. Existing nonconforming freestanding antenna towers, antennas, or accessory
structures shall be allowed to continue operation unless use of the freestanding
antenna tower, antenna, or accessory structure for its intended purpose ceases for
a continuous period of six (6) months, in which case, resumption of use shall
require a reapplication for a conditional use permit.
12. All costs associated with the application shall be the responsibility of Telecom
Transport Management, Inc.
13. Use of mobile cell/PCS sites or COWS (cell sites on wheels), or any other
temporary antenna apparatus is strictly prohibited except in the case of emergency
equipment used for public safety purposes for a limited time during or in the
immediate aftermath of a natural disaster or other emergency.
BE IT FURTHER RESOLVED that in support of the above approval, the
Council hereby makes the following Findings of Fact:
1. The proposed use will not negatively affect the public health, safety, and general
welfare of the community.
2. The proposed use is consistent with the comprehensive plan.
Adopted by the City Council of the City of Mendota Heights This 3rd day of June, 2008.
ATTEST:
Kat een M. Swanson, City Clerk
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
By 0,(:
Ultan Duggan, Act' or