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30 CITY OF ST. ANTHONY STATE OF MINNESOTA RESOLUTION NO. 07-055 RESOLUTION RELATING TO FINDINGS MADE BY CITY COUNCIL ON JUNE 26, 2007 CONCERNING RESOLUTION 07-049. WHEREAS, the City received a Conditional Use Permit application (the "Application") for a monopole cell phone tower from Midwest Real Estate Services, Inc. and a public hearing was held before the Planning Commission on June 19; 2007; and WHEREAS, the Planning Commission recommended approval of the Conditional Use Permit and the corresponding Resolution 07-049 was presented to the City Council for its consideration at its June 26, 2007 meeting; and WIIEREAS, the City Council heard from the Applicant and other interested parties on June 26, 2007 which resulted in the City Council making several Findings concerning the Application; and WIIEREAS, on June 26, 2007 the City Council determined that its Findings were sufficient under Section 1680.06, subd. 3 of the City Code and voted to deny adoption of Resolution 07-049; and WHEREAS, the City Council concluded, among other things, that denial of the Resolution would not preclude the Applicant from locating a cell phone tower in its desired area and would not prohibit or have the effect of prohibiting operation of a cell phone system; and WHEREAS, the City Council desires to record the Findings on which its denial was based through adoption of this Resolution. NOW, TIIEREFORE, BE IT RESOLVED, by the City of St. Anthony, Minnesota as follows: Following public comment and analysis by the City Council on June 26, 2007, the City Council voted to deny approval of Resolution 07-049, in substantive part, based on the following Findings: 1. Sections 1680.01 through 1680.09 of the City Code (the "Code") regulates, consistent with the federal Telecommunications Act of 1996, the locating of wireless telecommunications services within the City. 2. The Application fails to meet the requirements of the Code because, at a minimum: