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CITY OF NEW BRIGHTON <br />COUNTY OF RAMSEY <br />STATE OF MINNESOTA <br />RESOLUTION NO. 12-016 <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 />lion of Clearwire Communications, LLC (the "Applicant') for a special use permit to <br />a 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 />nt is materially different than the tower for which the Applicant made application, <br />ally, 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 />• 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 />n, 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 141h day of <br />y, 2012. <br />CLL NE 136-232 1 <br />