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10) The proposed use will be designed, constructed, operated and maintained so as to be compatible in appearance with the existing or intended character of the general vicinity and will not change the essential character of that area. The proposed tower will be heavily screened by existing trees and will not change the essential character of the neighborhoa t t) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring uses. The proposed use will be setback further from the property line than the fall zone and so will not be hazardous. It will be well screened and fenced so as to not create a nuisance, and climbing will be discouraged. 12) The proposed use will be served adequately by essential public facilities and services, including streets, police and fire protection, drainage structures, refuse disposal, water and sewer systems and schools or will be served adequately by such facilities and services provided by the persons or agencies responsible for the establishment of the proposed use. The proposed use has adequate access, and the Fire Department has reviewed the application and does not see an issue, as access can be achieved if need be through the fence. 13) The proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community, The City will enter in to a lease agreementfor which it will receive a negotiated amount. 14) The proposed use will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The proposed use will not create excessive production of traffic, noise, smoke, fumes, glare or odors. 15) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. There is an existing access road that will be utilized until such time the cul-de-sac providing connection from Easton Village is constructed. 16) The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed use will not result in in any destruction, loss or damage or a natural or scenic feature Qf major importance. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby approves the request by Verizon for a Conditional Use Permit for a wireless communications facility with the following conditions of approval: 1) The applicant shall enter into a wireless communications tower agreement that addresses all items listed in Section 150.121 of the Lake Elmo City Code addressing wireless communications facilities with the City prior to the issuance of a building permit for the proposed facility. 2) The applicant must submit proof of liability and worker's compensation insurance. 3) Monopole shall be constructed of, or treated with, corrosive resistant material. Resolution 2018-083 3 509020v1 SJS LA515-1