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CITY OF NEW BRIGHTON <br /> COUNTY OF RAMSEY <br /> STATE OF MINNESOTA <br /> RESOLUTION NO. <br /> A RESOLUTION APPOINTING A HEARING OFFICER <br /> AND CALLING A HEARING TO CONSIDER THE <br /> REVOCATION OF A SPECIAL USE PERMIT FOR <br /> THE CLEARWIRE COMMUNICATIONS,LLC <br /> TOWER AT FREEDOM PARK <br /> WHEREAS, on January 26, 2010,by Resolution No. 10-013,the City Council approved the <br /> application of Clearwire Communications, LLC (the "Applicant") for a special use permit to <br /> construct a tower for antennas located in Freedom Park in the City; and <br /> WHEREAS, City staff has advised the City Council that the tower constructed by the <br /> Applicant is materially different than the tower for which the Applicant made application, <br /> specifically,the tower is substantially wider than the tower approved by the City Council; and <br /> WHEREAS, the City Council has determined that a hearing should be held to determine <br /> whether to revoke the special use permit for the tower. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New <br /> Brighton, Minnesota that: <br /> 1. The City Council hereby appoints the State of Minnesota Office of Administrative <br /> Hearings ("OAH")to conduct a hearing to consider the revocation of the special use <br /> permit for Clearwire Communications, LLC, to prepare a record, and to make <br /> findings of fact and recommendation to the City Council. <br /> 2. The City Manager is authorized and directed to retain the OAH to conduct such <br /> hearing and to take such further steps as may be necessary to effect the conduct and <br /> completion of the hearing. <br /> 3. The City Manager is directed to provide notice of such hearing to Clearwire <br /> Communications,LLC. <br /> Adopted by the City Council of the City of New Brighton, Minnesota, this 14th day of <br /> February, 2012. <br /> 39773lv1 CLLNE136-232 1 <br />