09-069CITE' OF SHOREWOOD
RESOLUTION NO. 9 -069
WHEREAS, Clear Wireless LLC (Applicant) has determined that, in order to provide
uninterrupted advanced high -speed internet services to consumers and business in its territory, it
requires an antenna site in an area along Highway 7 in the City of Shorewood; and
WHEREAS, the City of Shorewood owns the property at 5500 Old Market Road, which
property is legally described as:
"The South 200 feet of the East 200 feet of Lot 34, AUDITOR'S SUBDIVISION No.
141, according to the plat thereof on file and of record in the office of the County
Recorder in and for Hennepin County, Minnesota. "; and
WHEREAS, the Applicant has applied for a Conditional Use Permit for the installation
of up to three (3) dish -style communications antennas and three panel antennas to be located on
the stem of Shorewood's Southeast Area water tower, and the installation of a small equipment
cabinet to be located on the east side of the base of the water tower; and
WHEREAS, the Applicant's request has been reviewed by the City Planner, and his
recommendations have been duly set forth in a memorandum to the Planning Commission dated
12 November 2009, which memorandum is on file at City Hall; and
WHEREAS, after required notice, a public hearing was held and the application
reviewed by the Planning Commission at its regular meeting on 17 November 2009, the minutes
of which meeting are on file at City Hall; and
WHEREAS, the Applicant's application was considered by the City Council at its
regular meeting held on 23 November 2009, at which time the Planner's memorandum was
reviewed, the minutes of the Planning Commission were reviewed, comments were heard from
City Council 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 T. H. 7 and is presently zoned R -IA,
single - family residential. The site is occupied by the Shorewood water tower, a small bituminous
parking area, and communications equipment enclosure at the base of the tower.
2. Land use and zoning surrounding the site are as follows:
north and west - State Highway 7 no.w., then single and two - family homes;
zoned R -2A
east - Commercial and two - family residential; zoned P.U.D.
south - Cemetery and single - family homes; zoned R- I A and
P.U.D., respectively.
3. Section 1201.23, Subd. 4a. of the Shorewood City Code provides for
governmental and public regulated utility buildings and structures to be constructed within the I2-
IA zoning district by Conditional Use Permit, 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 telecommunication 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
antenna array as shown on Exhibit C of the Water Tower Space Lease Agreement, attached
hereto as Attachment I, 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 terms and conditions set forth in the Water Tower Space Lease Agreement attached
hereto and made a part hereof as Attachment I.
2. The attachments to said Water Tower Space Lease Agreement consisting of
Exhibit A, Tower Site Legal Description; Exhibit B, Ground Equipment; 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. h1 addition, the
Applicant shall plant a double row of Black Hills Spruce as shown on Attaclunent II. The trees
shall be a minimum of six feet in height and shall be planted no later than 1 June 2010. The
Applicant shall submit a bid for landscaping, from which the City shall require a letter of credit
for one and one -half times the amount of the bid, and which shall extend for two growing
seasons.
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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. This resolution, together with the attachments hereto, be filed and recorded with
the Hennepin County Recorder or Registrar of Titles within thirty (30) days of certification
hereof.
ADOPTED BY THE CITE' COUNCIL OF THE CITY OF SHOREWOOD this 14th day of
December 2009.
Christine Lizee, Mayor