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Home My WebLink About2003-10-28 CC Meeting Packet EnclosureMeeting Date: October 28, 2003 Agenda Item Title: Action Requested: Consider and Approve Oak Park Heights Request for Council Action Nextel/Placement of Antenna on Xcel Tower #11. ENCLOSURE 1 0 Time Required3 minutes Agenda Placement New Business Originating Department/Requestor: Eric Johnson Requester's Signature Background/Justification (Please indicate any previous action, financial implications including budget information and recommendations). Supporting documentation is in your October Planning packet. A proposed City Council Resolution is attached. follows, to wit: and and RESOLUTION NO. CITY COUNCIL CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLU'T'ION ESTABLISHING FINDINGS OF FACT AND RESOLUTION OF THE CITY COUNCIL THAT THE REQUEST BY SITE ACQUISITION CONSULTANTS ON BEHALF OF NEXTEL FOR A CONDTTIONAL USE PERMIT TO INSTALL UP TO TWELVE PANEL ANTENNAS ON AN EXISTING X -CEL ENERGY TOWER AND CONSTRUCT AN ACCESSORY EQUIPMENT BUILDING AT 13735 60 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Site Acquisition Consultants on behalf of Nextel for a conditional use permit to install up to twelve panel antennas on an existing XMCel Energy tower and construct an accessory equipment building at 13735 60th Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that the conditional use permit be approved with conditions. The City Council makes the following findings of fact and resolution: 1. The real property affected by said application is legally described as SEE ATTACHMENT A 2. The applicant has submitted an application and supporting documentation to the Community Development Department consisting of the following items: SEE ATTACHMENT B 3. The subject site is zoned CBD, Central Business District in which co- location of personal wireless service antennas on an existing utility structure and equipment buildings are a conditional use; and 4. Antenna placement is regulated under Section 1410 of the City Code and subject to the conditions listed in Section 1410.030, 1410.040, 1410.045, 1410.050, 1410.060, of the City Code; and 5. City staff prepared a planning report dated October 3, 2003 reviewing the request for a conditional use permit; and 6. Said report indicated conformance with the conditions and requirements of Section 1410 of the City Code and recommended approval of the conditional use permit subject to the fulfillment of various conditions; and 7. The Planning Commission held a public hearing at their October 9, 2003 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the conditional use permit be approved subject to the fulfillment of conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE FOLLOWING: A. The application submitted by Site Acquisition Consultants on behalf of Nextel for a conditional use permit to install up to twelve panel antennas on an existing X-Cel Energy tower and construct an accessory equipment building at 13735 60 Street North and affecting the real property as follows: SEE ATTACHMENT A Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject to the following conditions: 1. The applicant shall submit a current FCC License. 2. The applicant shall provide an easement for the proposed ice bridge if deemed necessary by the City Attorney. 3. The antennas and mounting frame shall not extend more than eight (8) feet above the existing X -Cel Energy tower (Structure #11) as indicated by the submitted plans (128 feet total height of tower with antennas and antenna mounting frame). 4. No more than twelve (12) antennas shall be installed. 5. The fence shall not be greater than six (6) feet in height if installed on the property line. There shall not be any barbed wire at the top of the fence. The fence shall be moved close enough to the equipment building to permit landscaping within the site to screen the equipment building. All fencing shall comply with the requirements of the Zoning Ordinance. 6. In the event that 59 Street is extended past the proposed site, the access shall be realigned to connect to 59th Street. The cost of the realignment shall be the responsibility of the owner and operator of the antenna(s). 7. All antenna shall be constructed in compliance with City building and electrical codes. 2 8. Structural design, mounting and installation of the antenna(s) shall be in compliance with manufacturer's specifications. 9. All antenna support structures shall be reasonably protected against climbing. 10. No advertising message shall be affixed to the antenna structure. The base of the antenna support structure shall be posted with signs stating "Danger High Voltage" on all sides. 11, Antennas shall not be artificially illuminated and must not display strobe lights unless required by law or by a governmental agency to protect the public's health and safety. 12. Antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities. 13. Antennas shall be subject to state and federal regulations pertaining to non - ionizing radiation and other health hazards related to such facilities. If new, more restrictive standards are adopted, antennas shall be brought into compliance with the new standards by the owner and operator. The cost of verification of compliance shall be the responsibility of the owner and operator of the antenna(s). 14. No part of any antenna, lines, cable, equipment, wires or braces shall at any time extend across or over any part of the right -of -way, public street, highway, sidewalk or property line. 15. All metal components shall be constructed of or treated with corrosive resistant material. 16. All antennas and support structures shall be reasonably insured for injury and property damage caused by collapse or other catastrophic failure. 17. The accessory building shall have a brick exterior and gabled roof and shall be screened from view by landscaping in accordance with the recommendations of the City Arborist. 18. At least annually, or as required by the City Attorney, and at each time a new user is added to a support structure, the owner or operator shall provide the City with a report from a registered engineer that the antenna(s) comply with all applicable regulations regarding emission of radiation and electromagnetic waves. 19. All obsolete and unused antennas and antenna support structures shall be removed within twelve (12) months of cessation of operation at the site, unless an exemption is granted by the Zoning Administrator in accordance with the Oak Park Heights City Code. After the facilities are removed, the site shall be restored to its original or an improved condition. 3 20. Gradin g and utility plans are subject to review and approval by the City Engineer (as applicable). 21. Storm water management is subject to review and approval by the City Engineer and Browns Creek Watershed District (as applicable). 22. The applicant City written docume ntation/lease licant shall provide to the Ciitten d agreement from x- Cel Energy that allows placement of the Nextel antennas on the utility support structure. 2003. ATTEST: Approved City City roved by the Cit Council of the Cit of Oak Park Heights this 28 day of October Eric A. Johnson, City Administrator David Beaudet, Mayor 4