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Member 6 1ro a b y,
.and moved its adoption:
introduced the following resolution
CITY OF MEDINA
RESOLU`.PION OF THE CITY COUNCIL
NO. (7o7.- /P2
A Resolution `2egardir.g The Special Use Permit
Of WCCO Dated September 5, 1972.
WHEREAS, the City Council of the City of Medina,
on September 5, 1972, adopted a resolution, a copy of which
is attached hereto and made a part hereof by reference as
Exhibit A, granting to Midwest Radio -Television, Inc. ("WCCO")
a Special Use Permit for the construction, maintenance and
operation of an AM radio broadcasting antenna ("Antenna")
and related facilities (the Antenna and related facilities
hereinafter called "Broadcast Facility");
WHEREAS, WCCO filed a Petition for Rezoning of
real estate hereinafter described requesting that the real
estate be zoned for the maintenance and operation of a
Broadcast Facility as herein defined; and,
WHEREAS, the Planning Commission of the City of
Medina recommendAd that the Petition for Rezoning be denied;
and,
WHEREAS, WCCO requested that its Petition for
Rezoning be tabled indefinitely; and,
WHEREAS, WCCO filed with the Medina City Council
on May 18, 1982, a petition for a resolution by the City of
Medina declaring that the special use permit of Midwest
Radio -Television, Inc. dated September 5, 1972, continues in
full force and effect and requested that the City enter into
a Development Contract with WCCO to further refine the
Special Use Permit;
NOW, THEREFORE, BE IT RESOLVED, by the City
Council of the City of Medina:
1. That the City acknowledges receipt of WCCO's
"Petition for a Resolution ty_ the City Council of
the City of Medina Declaring that the Special Use
Permit of Midwest Radio -Television, Inc. Continues
in Full Force and Effect". By such acknowledgement
the C ti y of Med ni a i— s n no manner bound or limited
by the legal or factual representations contained
in said petition.
2. That the Special Use Permit granted WCCO by the
City of Medina for construction, maintenance and
operation of the Broadcast Facility on September
5, 1972, continues in full force and effect subject
to the conditions set forth in Section Three (3)
of this Resolution.
3. That the City Attorney of the City of Medina is
authorized to draft a Development Contract for the
purpose of further refining the Special Use Permit
upon, inter alia,the following general terms and
conditions:
(a) The Broadcast Facility to be constructed
shall be limited to the following described property:
That part of the Northwest Quarter (NW 1/4)
of the Southwest Quarter (SW 1/4) of Section
13, Township 118 North, Range 23 West lying
North of Medina Road;
That part of the Northeast Quarter (NE 1/4)
of the Southeast Quarter (SE 1/4) lying East
of the West 792 feet thereof and North of
Medina Road, all in Section 14, Township 118
North, Range 23 West;
That part of the Southeast Quarter (SE 1/4)
of the Northeast Quarter (NE 1/4) lying East
of the West 792 feet thereof, all in Section
14, Township 118 North, Range 23 West;
The Southwest Quarter (SW 1/4) of theNorthwest
Quarter (NW 1/4) of Section 13, Township 118
North, Range 23 West;
(b) The various components of the Broadcast
Facility shall be located on said property at
locations approved by the City of Medina, provided
that the operation of the said components is
technically feasible at the approved locations.
(c) The 1972 Special Use Permit described in
Exhibit A, the Development Contract described
herein, and the authorizations contained in this
resolution shall expire upon the occurrence of the
first of the following events:
C-1. The passage of three years from
the date of the execution of the Development
Contract described herein;
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C-2. A final adjudication of denial of
WCCO's application for approval of its
Broadcast Facility with an Antenna not to
exceed 990 feet above ground level by the
Federal Communications Commission, or deter-
mination or expiration of the final appeal.. in
Federal Court from the decision of the
Federal Communications Commission;
unless, prior to the occurrence of either of the
previously described events, WCCO has obtained
approval from the Federal Communications Commis-
sion, said approval•being evidenced by a certified
copy cf the decision of the Federal Communications
Commission or Federal Court, together with a valid
application for building permit under the laws of
the City of Medina.
(d) WCCO shall grant an easement 80 feet in
width for a public road generally over the westerly
portions of the above -described property, in a
location, approved by the City of Medina and/or
Hennepin County, which does not interfere with the
final location of the Antenna and its radials.
Delivery of such easement shall be made at the
time the final location of the Antenna is established
or within 33 months after approval of the Development
Contract, whichever first occurs.
(e) That WCCO shall reserve all of the
property owned by it as described in subsection
.(a) above solely for the Broadcast Facility and
shall not subdivide or develop any part of that
property for any other purpose.
(f) That the residence permitted under the
Special Use Permit shall be used solely to house
an employee or agent of WCCO and his or her
family, who is necessarily required to live on the
site in order to enhance and protect the operation
of the Broadcast Facility. The residence shall
comply with all ordinances of the City of Medina
applicable thereto.
(g) That WCCO shall execute a contract to
make semi-annual payments in lieu of taxes to the
City of Medina for public services provided by the
City to the Broadcast Facility, such as police
protection, fire protection and protective in-
spection. Said payments shall be equal to the
amount of real estate taxes that would actually be
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received by the City of Medina in each year if the
Antenna structure itself were taxed as real estate
under the laws of the State of Minnesota, using
the initial cost of the Antenna structure as
its market value.
(h) WCCO shall agree to reimburse the City
of Medina for all reasonable costs incurred by the
City for legal services rendered in defending the
City's actions in adopting and implementing the Special
Use Permit, this Resolution or the Development
Contract...
4. Be it further resolved that this resolution is
contingent upon WCCO entering into the Development
Contract, which contract shall provide for the
following additional provisions:
(a) WCCO agrees to waive any right to argue
that this resolution is a readoption as of the
date of this resolution of the 1972 Special Use
Permit.
(b) WCCO agrees to withdraw its request for
rezoning and not to sue the City based upon the
said zoning application.
(c) The mere existence of an Antenna shall
not create a right to increase the height of the
Antenna.
Dated: CC�� /.S , 19 S ..
ATTEST:
Donna Roehl, Clerk
Thomas Ande d n, Mayor
The motion for the adoption of the foregoing resolution was
duly seconded by member Q 47de w.3on and upon vote
being/�'taken thereon, the following voted in favor thereof:
L�'/7rsc�/A. C V'Os iv, �Q/✓`�✓
and the following voted against same: 4 u /z
Whereupon said resolution was declared duly passed and
adopted.
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�� E X H I B I T A
, 3 9 8 3 9 8 7
" V I L L A G E O F M E D I N A
R E S O L U T I O N G R A N T I N G A S P E C I A L U S E P E R M I T M R C O N S T R U C T I O N ,
M A I N T E N A N C E A N D O P E R A T I O N 0 : A l ; A M R A D I O T R A : W I S S I O N T 0 ' : : E R A N D
R E L A T E D F A C I L I T I E S
W H E R E A S t h e V i l l a g e o f M e d i n a h a s r e c e i v e d a n a p p l i c a t i o n f r o m
M i d w e s t R a d i o - T e l e v i s i o n , I n c . , f o r a s p e c i a l u s e p e r m i t f o r c o n s t r u c t i o n ,
m a i n t e n a n c e a n d o p e r a t i o n o f a n A M r a d i o t r a n s m i s s i o n t o w e r a n d r e l a t e d
f a c i l i t i e s o n c e r t a i n p r o p e r t y w i t h i n t h e . V i l l a g e o f M e d i n a ; a n d
W H E R E A S a p u b l i c h e a r i n g o n s a i d a p p l i c a t i o n w a s h e l d A u g u s t 2 3 ,
1 9 7 2 , b y t h e P l a n n i n g C o m m i s s i o n o f t h e V i l l a g e o f M e d i n a ; a n d
W H E R E A S t h e P l a n n i n g C o m m i s s i o n , b y a v o t e o f 8 t o 1 , r e c o m m e n d e d
t o t h e V i l l a g e C o u n c i l t h a t t h e a f o r e s a i d s p e c i a l u s e p e r m i t b e g r a n t e d ; a n d
W H E R E A S t h e M e d i n a V i l l a g e C o u n c i l d e t e r m i n e s t h a t t h e a p p l i c a t i o n
o f a n d u s e s p r o p o s e d b y M i d w e s t R a d i o - T e l e v i s i o n , I n c . , q u a l i f y i n e v e r y
r e s p e c t f o r t h e s p e c i a l u s e p e r m i t f o r w h i c h i t h a s a p p l i e d .
o f M e d i n a :
N O W T H E R E F O R E B E I T R E S O L V E D b y t h e V i l l a g e C o u n c i l o f t h e V i l l a g e
T H A T t h e V i l l a g e C o u n c i l h e r e b y a p p r o v e s a n d i s s u e s a s p e c i a l u s e
p e r m i t t o M i d w e s t R a d i o - T e l e v i s i o n , I n c . , f o r t h e f o l l o w i n g d e s c r i b e d
p r o p e r t y :
T h e N o r t h 4 6 0 f e e t o f t h e N o r t h w e s t Q u a r t e r ( N W 1 / 4 ) o f t h e
S o u t h w e s t Q u a r t e r ( S W 1 / 4 ) o f S e c t i o n 1 3 , T o w n s h i p 1 1 8 N o r t h ,
R a n g e 2 3 W e s t ; T h e N o r t h 4 6 0 f e e t o f t h a t p a r t o f t h e N o r t h -
e a s t Q u a r t e r ( N E 1 / 4 ) o f t h e S o u t h e a s t Q u a r t e r ( S E 1 / 4 ) l y i n g
E a s t o f t h e W e s t 7 9 2 f e e t t h e r e o f , a l l i n S e c t i o n 1 4 , T o w n s h i p
1 1 8 N o r t h , " R a n g e 2 3 W e s t ; T h a t p a r t o f t h e S o u t h e a s t Q u a r t e r
( S E 1 / 4 ) o f t h e N o r t h e a s t Q u a r t e r ( N E 1 / 4 ) l y i n g E a s t o f t h e
W e s t 7 9 2 . f e e t t h e r e o f , a l l i n S e c t i o n 1 4 , T o w n s h i p 1 1 8 N o r t h ,
R a n g e 2 3 W e s t , e x c e p t t h e N o r t h 2 r o d s t h e r e o f ; T h e S o u t h w e s t
Q u a r t e r ( S W 1 / 4 ) o f t h e N o r t h w e s t Q u a r t e r ( N W 1 / 4 ) o f S e c t i o n
1 3 , T o w n s h i p 1 1 8 N o r t h , R a n g e 2 3 W e s t , e x c e p t t h e N o r t h 2 r o d s
t h e r e o f ;
T H A T t h i s s p e c i a l u s e p e r m i t i s a p p r o v e d a n d i s s u e d o n l y f o r t h e
f o l l o w i n g s p e c i f i e d u s e s : C o n s t r u c t i o n , m a i n t e n a n c e a n d o p e r a t i o n
o f a F r a n k l i n A n t e n n a t r a n s m i s s i o n s y s t e m f o r A M r a d i o a t 8 3 0 Z z
o n l y , n o t t o e x c e e d 1 , 2 0 0 f e e t i n h e i g h t f r o m g r o u n d l e v e l ; C o n s t r u c t i o n ,
m a i n t e n a n c e a n d o p e r a t i o n o f a b u i l d i n g , n o t t o e x c e e d t w o s t o r i e s i n
h e i g h t , f o r s u c h e q u i p m e n t a n d w o r k i n g s p a c e a s m a y b e n e c e s s a r y f o r
o p e r a t i o n o f t h e t r a n s m i s s i o n s y s t e m ; C o n s t r u c t i o n , m a i n t e n a n c e a n d
o c c u p a n c y o f o n e r e s i d e n c e ;
THAT TIE VILLAGE Council approves this special use permit only sub-
ject to the following terns and conditions, and they are made a
part of said permit: 1. This special use permit shall become
effective only_ at the time that the Village of Medina receives
evidence that Midwest Radio -Television, Inc. (hereafter referred to
as "1.:idwest" )• has received'approval for -the transmission facility'
from the Federal Communications Commission (FCC) and is permitted
under rules and regulations of the FCC to begin construction. 2.
Site plans shall conform generally to the proposals set forth in
-applicant's Exhibit 8, the_publication_entitled "Environmental
Effects df Proposed WCCO Radio .Antenna Project in the Village of
Medina, Minnesota" and dated February 1972, and specific site plans
shall be approved by the Village Council prior to issuance of. a
lhuilding._perrait- _ -Midwest shall ..negotiate with the Village
Council, prior to issuance of a building pe it, agreements providing
for: a Such road easements and roaa construction,,as the Village
may reasonably require. b - Dedication of easements for recreational
trails as may reasonably be required. c - Contribution of park-
land or a cash equivalent to the Village, as is required in the
platting of land. d - Village inspection of the design and con
struction of Midwest's facilities, at no cost to the Village. e -
Insurance.to be carried by Midwest at no cost to the Village to
protect Midwest and the Village from bodily injury and property damage
liability. • 4. Midwest shall assume responsibility for correcting
any adverse effects its installation nay have on radio, television
or short -wave communication. 5. Midwest shall not operate its
transmission facility before a certificate of completion is issued
by the Village. 6. Lighting of the Midwest facility shall be in
accord with appropriate federal and state regulations; however, if
it is in accord with such regulations, only -red lights shall be used
on the tower and lighting of the ground area shall be shielded so as
not to shine directly onto neighboring properties. 7. Midwest shall
consult from time to time with the Village Council and with authorities
in the field about efforts to reduce mortality 'among migratory birds
caused by their flying into transmission 'growers and guy wires. 8.
This special use permit is issued without fee but;it shall expire and
become null and void -if construction of Midwest's proposed transmission
facilities does not begin within 12 months of the tine that Midwest
is permitted to start such construction under the laws and regulations
of the United States and .the State of Minnesota. 9. This special use
permit shall expire and become nv1l and void either upon mutual agree-
ment of Midwest and the Village Council cr at such time as use of the
transmission facility has•been abandoned for ;more than 90 days for
reasons other than reconstruction, repair or national emergency; in
the event that the non-residential facilities are so abandoned, the
owner shall remove such facilities including chain -link fencing within
12 months and shall restore the ,site of such facilities to a natural
state. 10. Until a building permit is issued, Midwest shall report
briefly in writing .to the Village Council the status of all other
applications and proceecings affecting its Medina facility, such roper
to be made quarterly, beginning ir. January 1973; Midwest shall further
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report annually the property taxes derived by
districts and county from its Medina facility.
file a certified copy of this resolution with
Register of Deeds in connection with property
above.
ADOPTED this 5th day of September, 1972.
STATE OF MINNESOTA) ss
COUNTY OF HENNEPIN)•
the Village, school
11. Midwest shall
the Hennepin County
listed on Page One
CERTIFICATE OF VILLAG:. CLERK
I, the undersigned duly appointed and acting Village Clerk for the
Village of Medina, do hereby certify that the attached and foregoing resolution
was duly adopted by the Medina Village Council at its Regular Meeting of
September 5, 1972, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said Village this it- day of November,
:.
.••,U 1 14.4
1972.
This instrument :r..s tlrafted by
Dorsoy, Marquart, VJinc'::..::, 'Jest & Halladay.
2400 1st National rank Bldg.
Minneapolis, Minnesota 1.5.402
r'
Village Clerk
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