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<br />Councilmember <br />adoption: <br /> <br />introduced the following resolution and moved for its <br /> <br />RESOLUTION #07-01-_ <br /> <br />A RESOLUTION APPROVING THE ISSUANCE OF A CONDITIONAL USE PERMIT <br />FOR THE CONSTRUCTION AND OPERATION OF A 185-FOOT <br />TELECOMMUNICATIONS TOWER AND DECLARING TERMS OF SAME <br /> <br />WHEREAS, T-Mobile USA has properly applied for a conditional use permit to <br />construct and operate a 185-foot communications tower on an 60 foot by 40 foot section (Site) of <br />the property generally known as the Fire Station No.1, 15050 Armstrong Boulevard N.W. and <br />legally described as follows: <br /> <br />The East 466 feet of the North 466 feet of the Southeast quarter of the Southeast quarter of Section 20, <br />Township 32, Range 25, except the road, subject to .easements of record <br /> <br />WHEREAS, the Planning Commission met on January 4, 2007, conducted the public <br />hearing and recommended City Council approve the request. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: <br /> <br />1. Based on Findings of Fact # , a conditional use permit for a 185 foot tower and <br />related equipment building is hereby granted to T -Mobile USA ("Permittee"). <br /> <br />2. This permit is perpetual in its duration so long as the terms imposed herein are complied <br />with. <br /> <br />3. The development of the Site shall be in accordance with the approved site plan and <br />landscaping plan, dated November 28, 2006 revisions dated prepared <br />by T-Mobile. <br /> <br />4. The applicant will adhere to all lease provisions determined in the Lease Agreement. <br /> <br />5. The chain link security fence shall be installed and maintained in accordance with the <br />approved site plan to prevent unauthorized entry to the tower. <br /> <br />6. In the event the tower is not removed within 12 months of the cessation of operations at <br />the site, the tower and associated facilities may be removed by the City and the costs of <br />removal assessed against the Permittee. In the event the Permittee fails to remove the <br />tower and associated facilities as required herein, the City shall provide notice to the <br />Permittee of the default condition and establish a thirty (30) day time frame in which the <br />Permittee may remedy the default condition. If the Permittee fails to do so within the 30 <br />day time frame, the City Administrator or his/her designee may order the removal with <br />City day labor and/or by letting contracts for said removal. Only the City Administrator <br /> <br />-337- <br />