Adopt 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. This would apply only to the private communication for entities that provide the service of these required 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. These providers include Connexus Energy (electric), Centerpoint Energy (natural gas), and Century Link (land line telephones). The City of Anoka also provides electric service to a small portion of the City of Ramsey. 

The current height limitation for communications towers is 100 feet in all districts. This height limitation would still apply to towers constructed for the purpose of providing cellular phone coverage to the general public, a common entity with communications towers.

The current language of City Code was amended in 2008 to address an increase in the number of mobile phone provider towers within the community. 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.

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. This request is being handled as a separate case.

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 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.

The City Council introduced the ordinance on March 24, 2015. There was a question about potential conflicts where commercial and industrial districts are adjacent to residential areas. City Code does prescribe a setback that requires that the 'fall zone' in the unlikely event of failure be contained on site and said fall zone cannot encumber a residential area. From a safety perspective, existing zoning code should address safety concerns to the public. An aspect that is less readily measured is the visual impact of said towers. Towers in the community certainly will be highly visible. Staff has prepared an exhibit that indicates a radius of 199 feet (equal to the height being discussed with this ordinance) and one-quarter mile surrounding commercial and industrial districts. This buffer area is where the City could expect most complaints about the aesthetic quality arise from, based on previous experience. Please note, many of these parcels would not qualify due to soil conditions and required setbacks, so the overall impact indicated on this exhibit is anticipated to be much less.

Alternatives

Alternative #1. Adopt 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 have 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. This request will be reviewed at a later date as time permits in current work plans.

Motion to waive the City Charter requirement to read the ordinance aloud and adopt Ordinance #15-07.

Roll Call Vote:

Councilmember Johns
Councilmember Kuzma
Councilmember Shryock
Councilmember Riley
Councilmember LeTourneau
Councilmember Williams
Mayor Strommen