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<br />\ <br /> <br />Counci; Mcstln Mfnutss <br /> <br />'.'.)-' <br /> <br />,~,u~" ~4, 1972 <br /> <br />REPORT OF VILLAGE ATTORNEY VlNCENT P. COURTNEY <br />IAbsent - rB~Drt given by Attorney James Lyndenl <br /> <br />Case No._ 72-:~4J' ~ld"est!'J:!1_ Relay Co. - Microwave Tower <br /> <br />. <br /> <br />Attorney Jamas Lynden reported thet the Midwestern Relay Co. <br />bought oddit!or.~1 property to the south of the former site on <br />record .llth Case No. 71-24. The property Is the same width as <br />the earfler site. but longer, making the totel property now <br />approxlmatelv 21 acres. The builder feels thet because the tower <br />wi II now be oeeted on lower grounds, It will need to be built <br />265 ft instead of 250 f' high. ~r. Lvnden reported that Attorney <br />Courtney Is of the opinion that there is no necessity for a new <br />public hearina on the matter in view of the fact that the new <br />site does not-affect Bny property owner not affected by the 'Irst <br />sfte. Ther~.ore, the Village Attorney has no o~Jectlon to Issuance <br />of the .paclnl use permit. <br /> <br />At'/"crney Mem';der reported that he feels Midwestern R0iay has now <br />satisfied ail Village requirements and that the two parties who <br />Dbjected to tho proposal, Mr. Schwab and Mr. Krannak, are now <br />satIsfied with the new site, that they are not In attendance tonlte. <br />He repor"red 'I'hat Councl I members Crepeau, Henderson and Hollenhorst <br />'~alked the new sits and are satisfIed with the tower's new proposed <br />locat,on. T<:. answe"r an on-sl'te Inquiry fromCouncflman Henderson, <br />Attorney ~'lemuer intl'oduced Mr. Oscar Heed, Jr., an electronIcs <br />research expert wIth the firm of JBnsk! and Bailey, Washington, D.C. <br />He reported fhat Mr. Reed's firm was founded in 1930 and that Mr. <br />Reed has spent his edult lifetime after col lege on research In the <br />microwave field and Is a specialist on the subJect, and that he <br />is 8 professional engineer In Maryland and the District of Columbia. <br />He has prese,,"j"ed eX[HH"t witness before the F.e.C. Briefly, Mr. Reed <br />reported that the proposed tower will not affect nearby Control Data <br />Corpo~ation nor have an adverse erfect on local radio and television <br />~ecBptlon. ^ writ+-n report of his statements will be placed on <br />11le .lth ths VIOSage_ <br /> <br />f\ttorney Memmer ,-eper',ed that the baSEl of the tower may nead to be <br />changed somewhat from the earlIer plan and that the proposed chanpe <br />wi II be referred to the Ellerbe firm. <br /> <br />Counel Iman HerrIck suggested a posslbl. future use on part of the <br />!"lte for_!Jlll tJ'leid$ or hockey rflll;s. Mr._ Hollenhorst state~ J"~at _al- <br />though he Is unhappy about the esthetic overall appearance of the pro- <br />_posedltower, he feels this Is not sufficientreasontonotJ>ermit It & <br />moved secondll'rl Heier! c!(-; -1'liaT apPI"OV13 I-be gT'ian -toUM! awastern Rei flY Co. for a <br />special ~se permit to construct a revised 265 ft high microwave <br />tower and equioment substantiallv as shown on the sEta sketch on <br />file, SUDJec';' i",) thE; follow!l1g~' <br /> <br />I. Approval by the Minnesota Highway Department. <br /> <br />2. Approvr;1 by orne Village EngIneer. <br /> <br />:-. <br /> <br />3. Approvai of the ne. plan, In particular the structural <br />.tebJ !ity and safety Df the naw tower by Ellerbe and <br />f\ssoc I ;'1tes. <br /> <br />4. SupBrvlslon by Ellerbe Bnd Associates of ail phases of <br />':;onstriJ{~.i'l on c <br /> <br />5. Mr. Reod's repor~ to be submlttsd In written form for <br />'1~ ~ I&go fi Jesi <br /> <br />6. Wrlttan approval from property own.r George Reiling. <br /> <br />Mo1'ion carried unanimouB~Yq <br /> <br />-3- <br />