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9421 Highway #10, which is occupied by Instantop and owned by Carrol and Frances <br />Welte. The applicant is proposing to construct a 120-foot monopole tower in the <br />southeast coruer of this site. The unmanned ground equipment will be mounted on a 3' x <br />12' x 6' rack mounted on a cement base. The tower and equipment will be encompassed <br />by an 8-foot high chain link fence. The ground equipment and fencing will be screened <br />by existing oak trees on the west and the applicant is proposing to plant seven black hills <br />spruce trees on the south and east boundaries of the site. Ms. Frolik pointed out that at <br />the time of Planning Commission review, staff recommended that the landscape plan <br />show a couple of trees added plus in-fill with shrubbery. Thus, the applicant submitted a <br />revised plan which added two honey locust trees and four dogwood shrubs. Ms. Frolik <br />reported there will be no personnel stationed at the site. No signs will be posted on the <br />tower or cabinets except applicable warning or equipment information signs. The <br />existing site access is sufficient. She stated that the site is zoned Business and noted that <br />the site to the north is occupied by the Burlington Railroad, the adjacent properties to the <br />east and west are also zoned Business, and the site is bordered by Highway gl0 on the <br />south. Ms. Frolik stated that the Planning Commission conducted a public hearing and <br />there were no verbal or written comments submitted relating to the request. She added <br />that the City recently adopted a towers ordinance which established reasonable <br />performance standards for towers and antennas. According to the Federal <br />Telecommunications Act of 1996, cities cannot prohibit or have the effect of prohibiting <br />provisions for personal wireless services. <br /> <br />Motion by Councilmember Zimmerman and seconded by Councilmember Beahen to <br />adopt Resolution #98-07-160 adopting Findings of Fact #0463 relating to a request from <br />U.S. West Wireless for a conditional use permit to construct and operate a personal <br />communication system tower. <br /> <br />Motion carded. Voting Yes: Mayor Gamec, Councilmembers Zimmerman and Beahen. <br />Voting No: None. Absent: Councilmembers Beyer and Haas Steffen. <br /> <br />Motion by Councilmember Zimmerman and seconded by Councilmember Beahen to <br />adopt Resolution #98-07-161 approving the issuance of a Conditional Use Permit for the <br />construction and operation of a Personal Communication Service (PCS) Tower and <br />declaring terms of same. <br /> <br />Motion carded. Voting Yes: Mayor Gamec, Councilmembers Zimmerman and Beahen. <br />Voting No: None. Absent: Councilmembers Beyer and Haas Steffen. <br /> <br />Case #4: <br /> <br />Request for a Conditional Use Permit to Grade and Export Soils; <br />Case of Michael LeBlanc <br /> <br />Zoning Administrator Frolik reported that Michael LeBlanc has requested a conditional <br />use permit to grade and export approximately 50,000 to 60,000 yards of soil from Lots 1, <br />2 and 3 of Pineview Estates 2nd Addition. That's south from the site, across Menkvelds, <br />east on C.R. gl 16 to Ramsey Boulevard. She noted that the City Engineer has received a <br /> <br /> City Council/July 28, 1998 <br /> Page 7 of 17 <br /> <br /> <br />