CC RES 10-019 RESOLUTION TO APPROVE THE REQUEST FOR CONFITIONAL USE PERMIT (CUP) TO CLEARWIRE COMMUNICATIONS, LLC FOR THE INSTALLATION OF HIGH-SPEED WIRELESS INTERNET ANTENNA AND FACILITIES AT 4001 STINSON BOULEVARD

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• Finding#1 This use is not in conflict with the current Comprehensive Plan. The Comprehensive Plan designates this site as Commercial and according to the City's Zoning Code, Title IX, WIRELESS TELECOMMUICATION TOWERS, §90.06, Permitted Conditional Use Permits, states a tower or WTF shall be permitted only if a Conditional Use Permit (CUP)has been applied for; the applicant has complied with the requirements of this Subsection and those of Subsection 152.243, Conditional Use Permits;and is approved by the City Council. In a letter from Mr. Stephan Ludovissie that Quest Development, Inc., serving as agent for L.G. Anderson, LLC, owner of the Silver lake Plaza Building affirmed that they have participated in lease negotiations related to the rooftop installation of high-speed wireless communications equipment on the Silver Lake Plaza Building. Criteria #2 The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity. Finding#2 The applicant stated that Clearwire Communications, LLC is in compliance with all FCC requirements.Additionally, other telecommunications companies currently have antennas installed on the roof of the Silver Lake Plaza Building. Radiation levels associated with the high-speed wireless Internet antennas were reported to be negligible to anyone in the building and on the ground; that there is no danger to the general public. • Criteria#3 The use will provide a service or a facility,which is in the interest of public convenience and will contribute to the general welfare. Finding#3 The proposed siting and installation of the high-speed wireless Internet antennas and related equipment cabinets will provide the coverage needed to provide wireless Internet to the community of St.Anthony Village and which is part of a proposed metro wide system. It has been determined that the installation of the high-speed wireless Internet antennas are in the best interest of the public's convenience and will contribute to the general welfare. Mr. Viera stated that other communications companies currently have antennas installed on the roof of the Silver Lake Plaza building. He also indicated that the radiation levels associated with the high-speed wireless Internet antennas negligible to anyone in the building and on the ground that there is no danger to the general public. He did indicate that technicians working directly with the antennas do wear protective clothing. Criteria#4 The City Council has specified all conditions,which the Council deems necessary to make the use compatible with other uses in the area. • The antenna(s) does not extend more than 30 feet about the highest point of the building or structure. • The antenna(s)complies with all applicable federal regulations. • The antenna(s)complies with all applicable Building Codes. • • The installation of the antenna(s) will be done in such a manner as to minimize any potential adverse effects of the proposed antenna(s) to adjoining properties.