Resolution - #07-01-044 - 01/23/2007

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Councilmember Jeffrey intro?uced the following resolution and moved for its adoption: RESOLUTION #07-01-044 A RESOLUTION APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF A 185-FOOT TELECOMMUNICATIONS TOWER AND DECLARING TERMS OF SAME WHEREAS, T -Mobile Central, LLC has properly applied for a conditional use permit to construct and operate a 185-foot communications tower on a 60 foot by 40 foot section (Site) of the property generally known as the Fire Station No.1, 15050 Armstrong Boulevard N.W. and legally described as follows: The East 466 feet of the North 466 feet of the Southeast quarter of the Southeast quarter of Section 20, Township 32, Range 25, except the road, subject to easements of record WHEREAS, the Planning Commission met on January 4, 2007, conducted the public hearing and recommended City Council approve the request. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY,ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. Based on Findings of Fact #0790, a conditional use permit for a 185 foot tower and related equipment building is hereby granted to T -Mobile Central, LLC ("Permittee"). , 2. This permit is perpetual in its duration so long as the terms imposed herein are complied with. 3. The development of the Site shall be in accordance with the approved site plan and landscaping plan, dated November 28, 2006 revisions dated prepared by T-Mobile. 4. The applicant will adhere to all lease provisions determined in the Lease Agreement. 5. The chain link security fence shall be installed and maintained in accordance with the approved site plan to prevent unauthorized entry to the tower. 6. In the event the tower is not removed within 12 months of the cessation of operations at the site, the tower and associated facilities may be removed. by the City and the costs of removal assessed against. the Permittee. In the event the Permittee fails to remove the tower and associated facilities as required herein, the City shall provide notice to the Permittee of the default condition and establish a thirty (30) day time frame in which the Permittee may remedy the default condition. If the Permittee fails to do so within the 30 day time frame, the City. Administrator or his/her designee may order the removal with City day labor and/or by letting contracts for said removal. Only the City Administrator or his/her designee shall have the authority to direct the removal and assess the costs to the Permittee.