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HomeMy Public PortalAbout1990-03Member Jcj rn 1 introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 7e_3 RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO U.S. WEST NEWVECTOR GROUP WHEREAS, U.S. West NewVector Group (Applicant) has applied for a conditional use permit to install a communications facility consisting of a tower and antennas and an accessory building (Facility) at the site of the city water tower, which property is legally described as Outlot A, Medina Industrial Addition; and WHEREAS, the City's zoning ordinance requires a conditional use permit under such circumstances; and WHEREAS, this matter has been reviewed by the planning commission on January 9, 1990, and by the City Council on January 16, 1990; and WHEREAS, it has been determined that the Facility will not impede the orderly development of adjacent properties nor unduly interfere with the City's use of the site for public purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota that a conditional use permit be granted to the Applicant for the stated purpose, subject to the following terms and conditions: 1. The Facility to be installed by the Applicant may include a tower not to exceed 30 feet in height and four whip antennas not to exceed an additional 13 feet in height. The Applicant may modify the Facility to include not more than nine panel antennas, one omni antenna and on link antenna in addition to the tower and accessory building; 2. All construction on the site shall conform to city performance standards, including landscaping and building materials; 3. The Applicant shall submit a performance bond to the City in the amount determined by the city engineer prior to initiation of construction on the Facility; 4. The Facility shall be constructed and operated in compliance with the standards of the Federal Communications Commission; 5. The Applicant shall submit to the City a report from a structural engineer regarding construction of the Facility on the city water tower. The report shall be reviewed by the city engineer and no building permit shall be issued for the Facility until approved by the city engineer; 6. The maximum height of the Facility shall not exceed 43 feet; 7. The Facility shall be constructed without guy wires or lights on the tower or antennas; 8. The accessory building shall be a maximum of 12' x 30' and shall be constructed on continuous frost footings; 9. The Applicant shall locate the accessory building, fence and driveway and shall landscape the property in accordance with the site plan attached hereto as Exhibit A, or as modified by city staff; 10. The Applicant shall install a paved driveway from the end of the driveway currently on the property to the accessory building and shall be responsible for snow removal and general maintenance of its portion of the driveway; 11. The Applicant shall maintain the accessory building, fence and the landscaping within the fenced area during the term of the lease. Landscaping installed by the Applicant on the property outside of the fenced area shall be maintained by the city following expiration of guarantees obtained by the Applicant at the time of purchase of the landscaping; 12. The Applicant shall reimburse the City for all expenses it has incurred in reviewing this conditional use application and in negotiating the lease for the property, including fees incurred in connection with the city engineer's review of the water tower structural report and; 13. Any violation of the terms of this conditional use permit shall be grounds for revocation thereof and for termination of the lease for the Facility. Dated: ATTEST: 77 2 72 rc i pe , 1990. Donna Roehl, Clerk -Treasurer Thomas Ander ail 2 The motion for the adoption of the foregoing resolution was duly seconded by member in favor thereof: 4ne45o , and upon vote being taken thereon, the following voted 'is 5,4m�� and the following voted against same: Whereupon said resolution was declared duly passed and adopted. ME230-RES 3