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CITY OF LAKE ELMO <br />WASHINGTON COUNTY, MINNESOTA <br />RESOLUTION NO. 2008 -055 <br />A RESOLUTION GRANTING A WIFELESS TELECOMMUNICATION TOWER <br />PERMIT AND APPROVING A LEASE AGREEMENT ALLOWING AT&T TO ATTACH <br />A WIRELESS COMMUNICATIONS ANTENNA. ARRAY TO THE EXISTING WATER <br />TOWER AND TO CONSTRUCT AN ACCESSORY EQUIPMENT SHELTER AT 3303 <br />LANGL`y CIOU RT NORTH <br />WHEREAS, Ken Nielson, Agent for AT &T Mobility, has requested approval of a <br />Wireless Telecommunication Tower Permit to attach a wireless communications antenna <br />array to the existing water tower and to construct an accessory equipment shelter at <br />3303 Langly Court North in a PF zoning district. <br />WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on <br />November 10, 2008, and reviewed and recommended approval of the Wireless <br />Telecommunications Tower Permit based on the following findings: <br />1) The applicant is minimizing adverse visual effects of the antenna and accessory <br />equipment by proposing to make use of the city water tower which is already <br />being utilized for such uses. <br />2) The proposal complies with the city regulations and development standards. <br />3) The proposal does not constitute a nuisance. <br />4) A lease agreement has successfully been negotiated between the city and the <br />applicant. <br />WHEREAS, Section 150.114 of the City Code requires the applicant to enter into a <br />lease agreement with the City; and <br />WHEREAS, the Lake Elmo City Council reviewed the Wireless Telecommunications <br />Tower Permit and lease agreement at its December 1, 2008 meeting. <br />NOW, THE PORE, BE IT RESOLVED that the Lake Elmo City Council hereby <br />approves a Wireless Telecommunication Tower Permit to attach a wireless <br />communication array to the existing water tower and to construct an accessory <br />equipment shelter at 3303 Langly Court Borth and authorizes the execution of the lease <br />agreement for this permit subject to the following conditions: <br />1) That the applicant signs the approved lease agreement with the City in <br />accordance with Section 1 50. 114 of the City Code, <br />2) An interference study must be conducted to ensure the proposed frequency will <br />not cause interference with public safety telecommunications. <br />