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City Council Minutes September 24, 1997 Page 2 3~~ CONSIDERATION OF RESOLUTION 97-41, CONTINUING PARTICIPATION IN THE METROPOLITAN LIVABLE COMMUNITIES ACT 1 Administrator Hoyt reported that the city annually participates in the Metropolitan Livable Communities act to demonstrate its support for affordable housing opportunities throughout the metropolitan area. Falcon Heights is fully developed and surpasses the Metropolitan Council's benchmarks for affordable rental housing. Motion was made by Councilmember Gibson Talbot to approve Resolution 97-41, continuing participation in the Metropolitan Livable Communities Act. Motion passed unanimously. CONSIDERATION OF ORDINANCE 97-07, AMENDING CHAPTER 9 OF THE CITY CODE CONCERNING TELECOMMUNICATIONS TOWERS AND ANTENNAS Attorney Knutson gave background information on the city's proposed telecommunication ordinance and on the Federal Communications Commission (FCC) Telecommunications Act. Administrator Hoyt reviewed the proposed ordinance, noting that it increases the number of locations where a telecommunications tower or antenna could be placed from the current city ordinance. Councilmember Hustad asked if the city would be in violation of the Telecommunications Act if it provided a number of locations where towers/antennas were a permitted or conditional use, but the property owners all refused to lease their land for them. Attorney Knutson answered that the Telecommunications Act says that the city's zoning ordinance cannot have the effect of shutting out the telecommunications industry. It does not require any property owner to actually lease their property for this use. Councilmember Hustad suggested removing the elementary school site at 1393 Garden Avenue as a potential location for a telecommunications device from the draft ordinance because of the character of the school site and the surrounding residential neighborhood. Motion was made by Councilmember Hustad to approve Ordinance 97-07 with the inclusion of language that eliminates the elementary school site at 1393 Garden Avenue as a potential site for telecommunications towers and antennas. The ordinance amends Chapter 9 on telecommunications towers and antennas. Hustad further moved the approval of Resolution 97-40, allowing for summary publication. Motion passed unanimously. CONSIDERATION OF GUIDELINES FOR RESERVING CITY FACiLiTIES The city council considered changes to the city's policies regarding rental of the city hall and Community Park facilities. After consideration and discussion, Councilmember Hustad moved that the following rental policies be established: