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HomeMy Public PortalAbout1997-004Member Zietlow introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. 97-04 RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO NEXTEL COMMUNICATIONS WHEREAS, Nextel Communications (the "Applicant") has applied for permission to construct a steel tower 180 feet in height on a portion of the property located at 3571 Pinto Drive, Hamel, Minnesota, which parcel is legally described as Outlot A, Block 2, Medina Industrial Addition, Hennepin County, Minnesota (the "Property"); and WHEREAS, the Property is owned by the city of Medina and used as the location of its Hamel water tower; and WHEREAS, the City's zoning ordinance requires a conditional use permit under such circumstances; and WHEREAS, this matter was reviewed by the planning commission at its meeting on January 14, 1997 and by the city council at its meeting on January 21, 1997; and WHEREAS, it has been determined by the city council, based on the recommendation of the planning commission, that the use of the Property as proposed by the Applicant will not adversely affect the development of adjacent sites. 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 conditions: 1. The tower shall be constructed as proposed by the Applicant and represented to the City and shall be located on the Property so that its setbacks from the buildings to the east, south and west are at least 112 feet, 82 feet and 271 feet, respectively; RHB116963 ME230-253 1 2. The Applicant must construct a chain link fence a minimum of 8 feet in height around the tower and the ground building on the Property; 3. The tower must be designed and constructed to inhibit unauthorized climbing; 4. There shall be no metal used on the exterior of the ground building; 5. The Applicant must plant landscaping to screen the ground building in accordance with a landscape plan to be approved by the city staff; 6. Exterior lighting on the Property must be designed and installed so that the globe is recessed and enclosed on all sides except the bottom and no light is cast directly on any adjacent property or right-of-way; 7. The tower's exterior surface shall be the color of galvanized metal; 8. The tower, ground building, fence and access road extension must be constructed by the Applicant at its sole expense; 9. Site drainage must be repaired by the Applicant at the direction of the city and any alteration to the existing drainage must be approved by the city; 10. Any interference with lawfully operated electric, radio, television, computer or other cellular telephone transmissions must be corrected by the Applicant to the satisfaction of the city; 11. The Applicant will be responsible for providing utilities to the tower and ground building and relocating any existing utilities at its sole expense; 12. Future users wishing to co -locate on the Applicant's tower must be approved by the city in accordance with the terms of the Applicant's lease with the city; 13. This conditional use permit is subject to the Applicant and the city reaching agreement on the terms of a lease. If the parties fail to reach agreement on a lease within six months of the date of this resolution, the conditional use permit shall be null and void. If the city and the Applicant reach agreement on a lease, any violation of the terms of this conditional use permit shall also be deemed to be a violation of said lease; and 14. The Applicant must pay to the city an administrative fee in an amount necessary to reimburse the city for its costs in reviewing this application and negotiating the lease. Dated: February 4 , 1997. RHB116963 ME230-253 2 ATTEST�� Paul Robinson, Clerk -"Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member Thies and upon vote being taken thereon, the following voted in favor thereof: Ferris, Johnson, Thies, and Zietlow and the following voted against same: None Absent: Hamilton Whereupon said resolution was declared duly passed and adopted. RHB116963 ME230-253 3