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. . . ARDEN HILLS CITY COUNCIL - JANUARY 4,1999 8 Councilmember Malone stated that the tower issue will be difficult for the City to handle. The City cannot simply say no, as the tower is permissible under a special use permit whieh will make the construction of the proposed tower difficult to fight. He indicated that the burden is on the City to demonstrate why the tower is not acceptable and the FCC has limited what the City can use as an argument. Councilmember Aplikowski asked if the plan is still to build the tower on the Vaughan property. Mr. Fritsinger stated that this is still a consideration. Councilmember Aplikowski indicated that in speaking with the Fox 29 individuals, they plan to expend a great deal of money in order to construct a tower which will not fall over which eliminates this as an argument for the City. Councilmember Malone noted that the property under consideration for the tower is one of the highest regions in the metro area. He indicated that the original proposal was to construct the tower at the Arsenal site. He suggested that the City may want to reconsider this option as it would preserve the land under the tower. Mayor Probst stated that it is his understanding, with regard to cell phone towers, the "hands" of the local cities are tied in terms of what can be done to prevent new towers. He stated that he is not sure if the situation is the same for broadcast towers or not. For these reasons, he felt that it would be important for the Council to research what they can and cannot do. Councilmember Larson stated that he would be interested in finding out more about the suggestion of a moratorium. He asked if this would give the Council time to consider the issue further and if the City is limited in the amount of time it can take to consider the application. Mr. Ringwald stated that there would have to be an issue with the current ordinance that the City would want to change which is why he suggested a moratorium. The time limit is generally a one-year period which can be extended under certain circumstances. The City would be required to have a good, sound reason as to why it would want to change the ordinance at this time, such as something not being addressed in the current ordinance which the City would want addressed. Councilmember Larson asked if Staff sees any short comings in the current ordinance which could be changed or strengthened. Mr. Ringwald stated that under the current special use permit, the City is limited in its review authority with regard to public health, safety and welfare. Under a special use permit the City does have the ability to provide statistics on items such a ice damage and how it could effect adjacent properties. Councilmember Larson asked what district the special use permit is for. Mr. Ringwald stated that it is the Gateway Business District. Councilmember Larson requested confirmation that this is the only district within Arden fElls with this special use. Mr. Ringwald stated that he was not certain and would have to research this question.