HomeMy Public PortalAbout1989-59Member `'� �'�v introduced the following resolution and moved its
adoption:
CITY OF MEDINA C�
RESOLUTION NO. n- -)
RESOLUTION GRANTING AN AMENDED
CONDITIONAL USE PERMIT TO
GLADYS SCHLOSSER AND MINNESOTA
CELLULAR TELEPHONE COMPANY
WHEREAS, Gladys Schlosser and Minnesota Cellular Telephone Company
(Applicants) were granted a conditional use permit for a microwave tower by
resolution no. 84-30 dated May 15, 1984, on property legally described in Exhibit A;
and
WHEREAS, the Applicants have applied for an amended conditional use
permit to increase the height of the tower from 240' to 275'; and
WHEREAS, this matter has been reviewed by the planning commission on
July 11, 1989, and by the City Council on August 1, 1989; and
WHEREAS, it has been determined that the increase in height of the tower
will not impede the orderly development of adjacent properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Medina, Minnesota that an amended conditional use permit be granted to the
Applicants for the stated purpose, subject to the following terms and conditions:
1. There shall be no strobe lights attached to the tower;
2. There shall be no additional guy wires installed on the tower;
3. The base station facility will consist of an 11 foot by 24 foot equipment
shelter to house radio transmitters, receivers and other equipment, an 8 by
10 foot generator building containing a generator for use in the event of a
power loss, a 1,000 gallon propane tank, and a 275 foot tower outfitted with
several low power UHF antennas and microwave grids for an overall height
of 275 feet. The 100 foot by 100 foot base station facility will be entirely
enclosed by an 8 foot high chain link fence. The buildings will be secured
and will be monitored by Minnesota Cellular Telephone Company's
electronic surveillance system.
4. The tower height shall be increased in accordance with the plans and
drawings submitted to the City on land owned by Gladys Schlosser and
leased to Minnesota Cellular Telephone Company;
5. Minnesota Cellular Telephone Company shall execute a contract to make
-annual payments in lieu of taxes to the City for public services
provided by the City to the broadcast facility, such as police protection, fire
protection and protective inspections. Said payments shall be equal to the
amount of real estate taxes that would actually be received by the City in
each year if the antenna structure itself were taxed as real estate under the
laws of the State of Minnesota, using the initial cost of $ as the
market value of the antenna structure;
6. No development shall be permitted in an area 275 feet in any direction from
the tower;
7. The City does not recognize the 100 foot by 100 foot parcel, described
above, leased to Minnesota Cellular Telephone Company as a separate
parcel;
8. The Applicants shall pay to the City a fee in the amount determined by the
staff to represent the actual cost to the City of reviewing this amended
conditional use permit application; and
9. Any violation of the terms and conditions of this conditional use permit or
of any related section of the City's ordinance code shall be grounds for
revocation of this conditional use permit.
NOW, THEREFORE, BE 1T FURTHER RESOLVED by the City Council of
the City of Medina, that a variance shall be granted to the Applicants to allow a
tower to exceed the ordinance limit of 150 percent of the height of the principal
structure or twice the distance of the structure's side yard setback, whichever is
greater. The variance shall allow a tower not to exceed 275 feet and shall be
granted on the grounds that strict compliance with the ordinance would prohibit
expansion of the tower to a height tall enough to complete a coordinated network
of microwave transmitters to provide continuous, uninterrupted voice service to
the public.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of
the City of Medina, that Resolution No. 84-30 is hereby revoked.
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Dated: Cu , 1989.
m n • ers Mayor
� Y
ATTEST:
/1
Donna Roehl, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by
member 56-/7/.-i and upon vote being taken thereon, the following voted
in favor thereof: j
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
ME230-045
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