Agenda - Parks and Recreation Commission - 03/13/1997

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Case #4 APPROVE/RECOMMEND ORDINANCE LANGUAGE FOR COMMUNICATION TOWERS By: Planning Intern Kirk SkoOg Background: Recent 'advances in wireless communications technology have resulted in a new generation of cellular communications services. These new services will likely require numerous antenna locations throughout the Twin Cities area. On January 31, 1996, the United States Congress passed the long-debated Telecommunications Reform Act, which opened more portions of the radio spectrum for Personal Communication System (PCS) licenses. These portions of the spectrum were auctioned off by the Federal Communications Commission (FCC) to fa'ms in the cellular industry. These newly licensed carriers have been acquiring sites for towers, antennas and their accompanying equipment buildings. Section 704 of the Act prohibits cities from restricting the installation, maintenance or use of antennas. The Act does, however, permit cities to establish regulatory controls concerning placement of towers. Following the issuance of a conditional use permit for construction of a PCS tower in the vicinity of Armstrong Boulevard and Highway #10, the Ramsey City Council passed a 180 day moratorium on construction, enlargement, or expansion of any additional towers within the City. This moratorium took effect on January 6, 1997. The purpose of this moratorium is to allow City Staff time to research these issues and draft an ordinance to establish controls to properly regulate towers within the City. Observations: Staff has researched the technological changes that have resulted in the development of PCS and the need for towers and antennas to accommodate the demand for these services. Based on this research, Staff has prepared a proposed ordinance to amend Chapter 9 of the City Code which will establish regulatory controls on the siting of antennas and towers. The possibility exists for locating towers and antennas on City owned property. At the February 7, 1997 Planning Commission meeting, it was determined that the Park and Recreation Commission should have the opportunity to decide which, if any, City parks are suitable for the placement of towers and antennas. These towers would provide additional revenue to the Park Improvement Fund. A public hearing on this proposed ordinance is scheduled for April 1, 1997. Recommendation: City Staff recommends that the Commission review the proposed tower ordinance and agree on the ordinance's language pertaining to parks. A proposed ordinance is attached. Those sections of the ordinance pertaining to parks have been bracketed Commission Action: Motion to recommend City Council approval of the tower ordinance as it pertains to park issues and siting. Reviewed by: Parks/Utilities Supervisor PR: 3/13/97