HomeMy WebLinkAboutCC RES 07-055 RESOLUTION RESLTING TO FINDINGS MADE BY CITY COUNCIL ON JUNE 26, 2007 CONCERNING RESOLUTION 07-049 Meeting Sheet
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Box: 31
Folder: RES 2007
Document: CC RES 07-055 RESOLUTION RESLTING TO FINDINGS MADE
BY CIN COUNCIL ON JUNE 26, 2007 CONCERNING RESOLUTION 07-
049
• CITY OF ST. ANTHONY
STATE OF MINNESOTA
RESOLUTION NO. 07-055
RESOLUTION RELATING TO FINDINGS MADE BY CITY COUNCIL ON
JUNE 26, 2007 CONCERNING RESOLUTION 07-049.
WHEREAS, the City received a Conditional Use Permit application (the "Application")
for a monopole cell phone tower from Midwest Real Estate Services, Inc. and a public hearing
was held before the Planning Commission on June 19; 2007; and
WHEREAS, the Planning Commission recommended approval of the Conditional Use
Permit and the corresponding Resolution 07-049 was presented to the City Council for its
consideration at its June 26, 2007 meeting; and
WHEREAS, the City Council heard from the Applicant and other interested parties on
June 26, 2007 which resulted in the City Council making several Findings concerning the
Application; and
WHEREAS, on June 26, 2007 the City Council determined that its Findings were
sufficient under Section 1680.06, subd. 3 of the City Code and voted to deny adoption of
• Resolution 07-049; and
WHEREAS, the City Council concluded, among other things, that denial of the
Resolution would not preclude the Applicant from locating a cell phone tower in its desired area
and would not prohibit or have the effect of prohibiting operation of a cell phone system; and
WHEREAS, the City Council desires to record the Findings on which its denial was
based through adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, by the City of St. Anthony, Minnesota as
follows:
Following public comment and analysis by the City Council on June 26, 2007,the
City Council voted to deny approval of Resolution 07-049, in substantive part,
based on the following Findings:
1. Sections 1680.01 through 1680.09 of the City Code (the"Code")
regulates, consistent with the federal Telecommunications Act of 1996, the
locating of wireless telecommunications services within the City.
2. The Application fails to meet the requirements of the Code because, at a
minimum:
•
a. The Application fails to satisfy the purposes of Section 1680.02
• because the Application: (i) does not demonstrate that it protects residential areas
from potential adverse impacts; (ii) does not minimize adverse visual impacts;
(iii) does not promote and encourage collocation of towers; and (iv) does not
ensure that the tower is compatible with surrounding land uses.
b. The Application fails to address the legitimate preference given
under Section 1680.04, subd. 1 and in Section 1680.05 to location of towers
within light industrial zoning districts and to identify an alternative site within a
light industrial zoning district.
C. The Application fails to meet the requirements of Section 1680.04,
subd. 2 regarding concealing or camouflaging a tower and Section 1680.04, subd.
3 regarding landscaping options for screening a tower.
d. The Application fails to meet the requirements of Section 1680.04,
subd. 10 regarding the analysis of collocation opportunities within the one-half
mile radius identified in the Code.
e. The Application failed to provide all the required information
under Section 1680.06, subd. 2.
f. The Application failed to meet other requirements of the Code,
• each of which are memorialized within the record of the June 26, 2007 City
Council meeting.
Adopted this 14th day of August, 2007.
4ayfor
ATTEST:
City Clerk
Reviewed for administration:
Ci ana er
•