04-049• CITY OF SHOREWOOD
RESOLUTION NO.04- 049
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO
VOICESTREAM MINNEAPOLIS, INC.
WHEREAS, VoiceStream Minneapolis, Inc. (Applicant) is a communications common
carrier 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 antenna
site in an area along Highway 7 in the City of Shorewood; and
WHEREAS, the Applicant has therefore applied for a Conditional Use Permit for the
construction of a communications equipment enclosure on the site of the Shorewood southeast
water tower and proposes to install as many as twelve (12) communications antennae on the
water tower itself; and
• WHEREAS, the Applicant proposes to lease from the City of Shorewood the necessary
premises for the installation of a 16-foot by 21-foot communications equipment enclosure and
the required space on the water tower pursuant to a long-term lease; 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
25 April 2004, 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 4 May 2004, 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 24 May 2004, 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:
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0 FINDINGS OF FACT
1. The subject water tower site is located on T.H. 7 and is presently zoned R-lA,
single-family residential. The site is occupied by the Shorewood water tower, a small bituminous
parking area, and communications equipment owned by AT&T Cellular and Sprint Spectrum,
LLP.
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-1A 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 R-
lA 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 personal communications services within their boundaries.
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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
That the Applicant's application for a Conditional Use Permit for the construction of a
communications equipment enclosure as shown on Exhibit 1 and antenna array as shown on
Exhibit 2 is hereby granted, subject to the provisions of City Code, Section 1201.04, Subd.
Ld.(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 Exhibit 3.
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• 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. That 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.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day of
May, 2004.
Woody Love, Mayor
ATTEST:
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