99-076
.
.
.
CITY OF SHOREWOOD
RESOLUTION NO. 99-076
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO
AMERICAN PORTABLE TELECOM
WHEREAS, American Portable Telecom (d.b.a. Aerial Communications, 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 the westerly one-half of 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 west end
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 construction of a 9-foot by IS-foot communications equipment building and the
required space on the water tower pursuant to a long-term lease on property legally described as:
"The north 100.00 feet of the south 452.50 feet of the east 100.00 feet of the west
1057.50 feet of the Southeast Quarter of the Northeast Quarter of Section 32, Township
117, Range 23, Hennepin County, Minnesota."; 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
1 July 1999, which memorandum is on file at City Hall; and
WHEREAS, the Applicant's request has been reviewed by the City Engineer, and his
recommendations have been duly set forth in a memorandum to the Planning Commission dated
2 July 1999, which memorandum is on file at City Hall; and
WHEREAS, the Applicant's request has been reviewed by the City's Consulting
Telecommunications Engineer, and his recommendations have been duly set forth in a letter to
the City Engineer, dated 2 July 1999, which letter 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 6 July 1999, 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 9 August, at which time the City Planner's and City Engineers
memoranda, the Consulting Engineer's letter, and a letter from the Minnetonka School District
were reviewed, the minutes of the Planning Commission were reviewed, comments were heard
from City Council members and staff, and preliminary 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. That the subject water tower site is located on the Minnewashta Elementary
School property and is presently zoned R-IA, single-family residential. The site is currently
occupied by the Shorewood water tower, the Minnewashta Elementary School, its parking areas
and playground facilities.
2. That the land use surrounding the site is single-family residential, zoned R-IA.
3. That 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-
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. That 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. That 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. That 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 building 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.
1.d.(1), the recommendations of city staff, the City's telecommunication consultant, and the
following additional conditions:
1. That the grant and term of the Conditional Use Permit shall comply and be subject
to all of the terms and conditions set forth in a Water Tower Space Lease Agreement to be
negotiated between the City and the Applicant.
.
2. That the site shall be restored and landscaped in accordance with the approved
landscape plan shown on Exhibit 3. For the purpose of assuring and guaranteeing to the City that
the landscape improvements to be constructed, installed and furnished by the Applicant, shall be
2
.
.
.
the landscape improvements to be constructed, installed and furnished by the Applicant, shall be
completed according to the plans shown on Exhibit 3, the Applicant agrees to escrow with the
City a cash deposit or provide the City with an irrevocable letter of credit approved by the City in
an amount equal to 150% of the total cost of said improvements. Said escrow deposit or letter of
credit shall remain in effect for a period of two growing seasons following the completion of the
required improvements. The said escrow deposit or letter of credit may be reduced in its amount
or replaced by a maintenance bond at the discretion of the City upon acceptance by the City of
the improvements.
3. That this resolution, together with the Exhibits attached hereto and the Water
Tower Space Lease Agreement, 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 SH
September, 1999.
WOOD this 13th day of
Woody Love, Mayor
es C. Hurm, City Administrator/Clerk
3
.weE rtllOF aMJIED - 1/r
_ _ JlU FDJ' PIlPEIl
.
.;) FlilSCI"
~
~lKL_
~ snu: JDMf
o.c. _ WRIICo\I.
,~
.::::IC IIIH rtllOF
GlWlE
.
~ .alNSlllIICIDl., . .
-._.;:....~....--;.:;~:":..:._-,.:.. -
o
~.;;;-;;;;;; -
I ~ JIIESI5WfI' SI>>I!SS
I Sll. IUlT HIIlZS
I $-ff' x r-d' * llOClR CWY.
I 11I1. wi EPOX'f INlBIClIt -
I . \IREIIWIE _ CII
I EXlEJICll
I
~~~~
I IIIEI'EIl 1'0 BP'IoEIIT
I IIJIDNl FlIUNIlIJlClII PlNI
-' RlR IIClRE IIRlIlMo\1IDN
I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
I I
r-~"
I I
I I
'------'
I lIQ4 GEII!IlQllIl
REI:EI'IICl!
II8EU. C410ll8121r
\IICIC 1'0 _ EllISIIC
\IICIC CII ___Ia
~ SCHlCIl.
r-
I
I
~
rAST rUVATION (mrnpuorr BUILDING)
-.. vr.,'-<
I r-d'
I
14' -ff'
r-d'
'[ 14 . 1r olt
..
..
..
(3) 14 IWIS I (3) 14 IWIS
..
..
E
~
0
l.. .
I =
. .
..
..
I
..
..
E
[ 14 . 12" O/C
I
l.
"
'..
12" 1IICICIlESS
~ PLAN VIEW OF CONCRETE SLAB
. -.. l/Z'.,'-4r
-
1111ll
.---
APT ~u.
AMERICAN PORTABLE TELl
'I"
f
r-------
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1.._______
~
Exhibit 1
D
~
r
[
~
C
I
j1
r C
j=
.
;
~
I
,
-
l-
.
~
-.
0-
-
-
- .
-
,
-I
-
-
-I
~
--
-
-
-
-
--
---
~
I
I
I
. lD _
!
I
15
I
l!s
~
h
I
i
i
I
l!s
~
--
~
.
.
I
;..
:!
........
1:.
I
;..
~ 0RENr.\1ED /iii
fT. 12ll' _ 24a' CII lHE
SIBI Of lHE wmR TOIlER
(4 _ PSt SECnlR) .
'JI# -d'
WIllER TOIlER
II'r ~
SOUTH ELEV AnON
$CIU:. NONE
--
ISSIe .. CllIlSIIIlCI1Il
. .;-.4'-::,. -...
.---
~. .::
1:.
.1
.
Ela.
....
SECTION ELEVATION
SCAlE: ~.
APT. -'.-
AMERICAN PC
Exhibit 2
/2'-4" lIU
WAWIllIIlt
,. ..x:E
" ,',~
". . :-..
, ., -"'I )
l' ~.'/
/ ......./
, "
// /J1 '''-~
/ / "-
, ,
',/ ....... - {ElCISTINl: Ifo\lER
, _ lOWER
/ - _ (IClmIII SICIRT)
, -......----
/ -----
< ~ / ---------
'- ,I r---------
,,' . 1
I
I
I
I
..
<(
..
\
0\'
.
.
o
o
o
.
-....
...
,
,
\
\
\
I
.
o
SCl
~
(11) IIEIlOM _
oIIN'EIl c.a- SCDWlIIIl)
..-4" /iii PIANl1C (12" /iii fULL IlElClH1)
LANDSCAPING PLAN
~-
EXISn
'!OWE'
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1
r---------T-
1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I I
I I
I I
I I
I I
I I
I I
I I
I I
! i
I :
: I
I I
I I
I I
I I
I I
: I
t
c- "'"' .c::a:s
(.OSOD'l.)
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
. I
,
I I
IIIlIICE: 1MIS....
APT lS_me_
_ _tSLDff'lll1lf
. .", alNf1IIENI\OI, US[ ,
AMERICAN PORTABLE TELECOM :E'~ Exhibit 3
A 'IDS t:fJII8Mr =-= :;
~