Agenda - Council - 06/13/2006 - Laserfiche WebLink

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Councilmember Cook noted the remaining land will go into trust to the City, which is another benefit of this development. This has not been worked out yet, but it is the intention in good spirit. He stated he cannot say enough about how good of a project this is, except for the issue of the access. He inquired about a possible way to approve this plat on a contingency. Councilmember Strommen noted the variance was denied, and this plat does not work without the variance. Community Development Director Trudgeon advised based on the denial of the variance this plat cannot be passed, as it is not in conformance with regulations. City Attorney Goodrich indicated the applicant has the option under the moratorium to come back and discuss the plat with the Council. Motion by Mayor Gamec, seconded by Councilmember Elvig, to adopt Resolution #06-05-151 to deny the preliminary plat of Wild Oaks of Ramsey based on Findings of Fact #0764. Motion carded. Voting Yes: Mayor Gamec, Councilmembers Elvig, Cook, Jeffrey, Olson, Pearson, and Strommen. Voting No: None. Further discussion: Mayor Gamec indicated he will try to assist the applicant in contacting the adjacent landowner. Councilmember Cook suggested the applicant apply for a hardship case if the issue of the access is worked out. Community Development Director Trudgeon advised this plat will need to be restarted through the Planning Commission process. Case #7: Request for a Conditional Use Permit for a Monopole Communications Tower; Case of Cingular Wireless, Inc. Community Development Director Trudgeon indicated this request for a conditional use permit for a monopole communications tower was tabled at the last Council meeting. The Council raised concerns about the location and its impact to the surrounding neighborhood. The Council also expressed a desire to look at the possibility in locating the tower on public land. The City Administrator and he have met with representatives of Cingular Wireless, Inc. and reviewed the possibilities regarding this permit, It was determined to proceed with a Letter of Understanding (LOU) to ensure that in the future when there are facilities in the area that the tower is considered to be moved from the private site to a public site. A draft of the LOU has been distributed to the Council; the draft should be reviewed by the City Attorney. The recommendation of staff is to approve the application for the conditional use permit, contingent on the City and Cingular Wireless, Inc. entering into the LOU. This LOU states that Cingular Wireless is willing to enter into good faith discussions and negotiations to decommission and remove their cell site on private property and move their cell site to the proposed water tower assuming four conditions. City Attomey Goodrich noted condition number 2 would need to be subject to any City Code restrictions. He would also like to review condition number 3. City Council / May 9, 2006 Page 15 of 30