Introduce Ordinance #15-07 Amending City Code Section 117-428 Entitled Towers

Much of the information pertaining to this case is found in the attached documents. Please read all attachments for full context.

The purpose of this case is to introduce Ordinance #15-07 as requested by Connexus Energy. The intent of Ordinance #15-07 is to amend City Code Section 117-428 entitled Towers to increase the maximum height of communications towers to 199 feet for entities providing Stage I and Stage II Improvements. Said improvements are required by City Code and represent basic utility services provided to Ramsey residents such as gas, electric, land-line telephones, streets, water, sanitary sewer, etc. The current height limitation for communications towers is 100 feet in all districts.

The current language of City Code was amended in 2008 to addresses an increase in the number of mobile phone provider towers within the community. The Ordinance #15-07 is intended to address direction provided by the Planning Commission to address safety needs of core utility providers. Staff has clarified this to be interpreted as a City-Required Stage I or Stage II Improvement.

The Ordinance #15-07 has been requested by Connexus Energy, who is proposing a 199 foot communications tower at their headquarters located at 14601 Ramsey Boulevard NW in Ramsey.

The Notice of Public Hearing was published in the Anoka County UnionHerald.

Additionally, Staff attempted to notify all Property Owners within 350 feet of 14601 Ramsey Blvd NW of the Public Hearing related to the requested Conditional Use Permit. The request for Conditional Use Permit is processed as a separate case.

The City last updated the Tower Ordinance in 2008 in response to a request for a 165 foot communications tower in Alpine Park. The policy direction of the City Council at that time was to limit the height of all communications towers to 100 feet. The policy direction meant that the City was comfortable in potentially seeing additional shorter towers in lieu of allowing fewer, yet relatively taller towers. The report drafted in 2008 is attached for review.

Towers are generally regulated by the Federal Telecommunications Act. In summary, said act prevents local governments from completely eliminating all possible locations for siting of said towers, but does provide for local government units to provide reasonable design, location, and other bulk standards. The act ensures that there is adequate cellular coverage across the nation. Over the past decade, the utilization of cellular phones has increased dramatically, with a majority of residents utilizing said services. With the number of residents utilizing said technology, it is also important from a public safety perspective to have adequate coverage.

Ordinance #15-07 still maintains the 100 foot limit for most towers as currently prescribed by the current City Code and acknowledges the Planning Commission direction from January 8, 2015. The Ordinance will essentially create an exemption from those core utility services that are required of all Ramsey development.

Alternatives

Alternative #1. Introduce Ordinance #15-07. This will start the process to allowing certain communications towers as defined in the ordinance to be a maximum height of 199 feet. 

Alternative #2. Deny Ordinance #15-07. This would retain the current height limitation of 100 feet.

The Applicant is responsible for all costs with processing the Application.

The Planning Commission recommends that the City adopt Ordinance #15-07. Minor recommended language amendments to Ordinance #15-07 has been incorporated into the ordinance.

Additionally, by separate ordinance, the Planning Commission requested that the City Council reconsider the limitation of 100 feet in commercial and industrial districts. The Planning Commission supports this height limitation in residential districts and parks; however, stated a desire to allow taller towers in the commercial and industrial districts.

Motion to introduce Ordinance #15-07.