08-084CITY OF SHOREWOOD
RESOLUTION NO. o~-os4
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO
TELECOM TRANSPORT MANAGEMENT, INC.
WHEREAS, Telecom Transport Management, Inc. (Applicant) has contracted with
wireless carriers licensed by the Federal Communications Commission to provide personal
communications services to the Minneapolis/St. Paul metropolitan area; and
WHEREAS, the Applicant has determined that, in order to provide uninterrupted
personal communications services to the western segment of its territory, it requires an anteima
site in an area along Smithtown Road in the City of Shorewood; and
WHEREAS, the Applicant has therefore applied for a Conditional Use Permit for the
installation of four (4) dish-style communications antennae to be located on the stem of
Shorewood's Minnewashta water tower at a height of approximately 110 feet, and the installation
of a small equipment cabinet to be located within the fenced-in enclosure at the base of the water
tower; and
WHEREAS, the Applicant's request has been reviewed by the City Plaimer, and his
recommendations have been duly set forth in a memorandum to the Planning Commission dated
15 November 2008, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application
reviewed by the Plamling Commission at its regular meeting on 18 November 2008, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's application was considered by the City Colulcil at its
regular meeting held on 24 November 2008, at which time the Plamler's memoranduun was
reviewed, the minutes of the Planning Commission were reviewed, comments were heard from
City Comlcil members and staff, and approval given for the Conditional Use Permit, subject to
review and completion of a satisfactory lease agreement between the City and the Applicant.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Shorewood as follows:
FINDINGS OF FACT
1. The subject water tower site is located on Smithtown Road and is presently zoned
R-lA, single-family residential. The site is occupied by the Shorewood water tower, a small
bituminous parking area, and two communications equipment enclosures at the base of the tower.
2. Land use and zoning surrounding the site are as follows:
north and west - Minnewashta Elementary School property, parking lot, wetlands
and ball fields
east - Minnewashta Elementary School
south - Single-family homes; zoned R-lA
3. Section 1201.23, Subd. 4a. of the Shorewood City Code provides for
governmental and public regulated utility buildings and sn-uctures to be constructed within the R-
lAzoning district by Conditional Use Pelznit, subject to certain requirements of screening and
landscaping when abutting a residential use in a residential district.
4. The Applicant's activity serves a valuable purpose in the community, and there is
a need for the activity and services provided by the Applicant in order that the community be
properly serviced, and that the Federal Telecommunications Act requires that local governments
accommodate personal communications services within their boundaries.
5. The proposed use of the land is in accordance with the official City
Comprehensive Plan and will not adversely affect the general welfare, public health and safety of
the community.
6. The approval of the proposed Conditional Use Permit should be in the form of a
lease agreement setting forth the rights and obligations of the parties to the Agreement.
CONCLUSIONS
The Applicant's application for a Conditional Use Permit for the installation of an
anteima array as shown on Exhibit 1 is hereby granted, subject to the provisions of City Code,
Section 1201.04, Subd. l.d.(1), and the following additional conditions:
1. The grant and term of the Conditional Use Permit shall comply and be subject to
all of the teens and conditions set forth in the Water Tower Space Lease Agreement attached
hereto and made a part hereof as Exhibit 2.
2. The attachments to said Water Tower Space Lease Agreement consisting of
Exhibit A, Tower Site Legal Description; Exhibit B, Equipment to be Placed Within the
Enclosure; and Exhibit C, Equipment to be Placed on the Water Tower, shall be considered as a
part of and a condition to the approvals and grants herein.
3. The site shall be restored and landscaped to its present condition.
4. The Mayor and City Administrator/Clerk are hereby authorized to execute said
Water Tower Space Lease Agreement on behalf of the City Council.
5. That this resolution, together with the Exhibits attached hereto, be filed and
recorded with the Hennepin County Recorder or Registrar of Titles within thirty (30) days of
certification hereof.
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ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of
November, 2008.
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Christine Lizee, Mayor
ATTEST:
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Brian'HeCI~, City A`~ministrator/Clerk