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8 <br />1. Except to the extent modified by a new condition set forth, below, within this <br />resolution, the conditions set forth within the resolution previously adopted by City <br />Council on March 17, 1980 (“1980 Resolution”), approving the original Special Use <br />Permit for this property, shall be and remain in full force and effect. <br /> <br />2. The existing approved Site Plan for the facility shall be updated to reflect the <br />building addition that is the subject of this Special Use Permit amendment. In addition to <br />the site plan requirements set forth within the 1980 Resolution, the updated site plan shall <br />reflect and require the following: <br /> <br />3. <br />a. Installation of measures to control noise emanating from the air handling units on <br />the western side of the building. <br /> <br />b. Installation of a brick wall approximately 100 feet in length (similar in appearance <br />to the existing wall) and installation of landscape screening consistent with the <br />requirements of §§34-871 through 34-873 of the City Code, as may be applicable, along <br />western side of the parking lot. <br /> <br />c. Construction of curb designed to discourage right-hand turns onto Lewis <br />Mountain Road, and installation of a permanent sign informing persons leaving the <br />parking lot that “No Right Hand Turn” is allowed onto Lewis Mountain Road. <br /> <br />d. Erection of a gate that can be closed to preclude use of the Lewis Mountain Road <br />entrance. The gate shall be kept closed at all times, except during the hours of a special <br />event. The design of the gate shall be substantially similar to the design shown within the <br />application materials submitted in connection with SP-05-9-05. <br /> <br />e. All existing outdoor lighting shall be updated to conform with current City zoning <br />ordinance requirements for outdoor lighting (§§34-1000 through 34-1004 of the City <br />Code). <br /> <br />RESOLUTION <br />: APPROVING LOCATION OF FIBEROPTIC CABLE THROUGH <br />TOWE PARK AND MEADOWCREEK GOLF COURSE <br /> <br /> Mr. Lynch expressed concern that the location of the easement could be in the <br />location of an eastern connector. He said he sees nothing in the agreement if the <br />easement has to be shifted. <br /> <br /> Mr. Brown said that the City and County can require that the cable be relocated at <br />the expense of Qwest Communications. <br /> <br /> Mr. Caravati asked how that would stand up legally, and Mr. Brown said it is not <br />an unusual provision. He noted that the term of the license is only five years. <br /> <br /> Mr. Lynch said it seems that it would be better if it was moved ten or twenty feet. <br /> <br /> Mr. Mike Svetz, Director of Parks and Recreation, said that the location is where <br />other utilities are located. <br /> <br /> Mr. Caravati asked if the City could benefit from the fiberoptic cable. <br /> <br /> Mr. Brown said Qwest is precluded from any one other than the end user using <br />this line. <br /> <br /> Mr. Schilling asked if we have any leeway regarding the amount of money <br />charged for the easement and whether we are under any legal constraints about what we <br />can ask. <br /> <br /> Mr. Brown said we have some flexibility, and said that the value is placed on the <br />value of the property. He said there are some constraints and said if we are talking about <br />charging outside of the value of the property we are talking about a tax. <br /> <br />