Agenda - Planning Commission - 01/04/2000

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Councilmember ntroduced the following resolution and moved for its adoption: RESOLUTION #00-01- A RESOLUTION APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION AND OPERATION OF A PERSONAL COMMUNICATION SERVICE (PCS) TOWER AND DECLARING TERMS OF SAME WHEREAS, U.S. WEST WIRELESS, L.L.C. has properly applied for a conditional use permit to construct and operate a telecommunications tower on a 30' x 30' section (Site) of the property legally described as follows: Lot 3, Block 1, Gobematz 2nd Addition, Anoka County, Minnesota: ("Subject Property"). WHEREAS, the Planning Commission met on January 4, 2000, conducted the public hearing and recommended City Council approval of the request. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: Based on Findings of Fact # ., a conditional use permit for a__ foot monopole and related equipment cabinets is hereby granted to U.S. West Wireless, L.L.C. and John and Avis Gobernatz ("Permittees"). 2. This permit is perpetual in its duration so long as the terms imposed herein are complied with. o The development of the Site shall be in accordance with site plan sheets Z-I, Zo2, Z-3, Z-4 and Z-5 dated October 28, 1999, Revision Date , and the letter from U.S. West to the City Zoning Administrator dated November 16, 1999, The site shall be fenced and landscaped in accordance with Sheet__ of the site plan. In order to insure the installation of the plantings by September 30, 2000, the Permittees shall be required to deposit with the City a cash escrow or letter of credit, approved as to form by the City, in the amount of Dollars and no cents ($ ). In the event the Permittees fail to construct and install the plantings as required herein, the City shall provide notice to the Permittees of the default condition and establish a thirty (30) day time frame in which the Permittees may remedy the default condition. If the Permittees fail to do so within the 30 day time frame, the City Administrator or his/her designee may order the completion of the plantings with City day labor and/or by letting contracts for said completion and draw upon the escrow for payment. Only the City Administrator or his/her designee shall have the authority to direct completion of the plantings and withdraw from the escrow account. The Permittees hereby grant permission and a license to the City and/or its contractors and assigns to enter upon the Site for the purpose of completing the construction and installation of the plantings in the event of the Permittees default. 3'7