Agenda - Planning Commission - 02/04/1997

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CAS #-3 REVIEW PROPOSED ORDINANCE TO ESTABLISH REGULATIONS FOR TOWERS AND ANTENNAS By: Planning Intern Kirk Skoog Background: On November 12, 1996, the Ramsey City Council approved a 180 day moratorium that prohibits construction, erection, placement, reconstruction, enlargement, or expansion of towers within the City and on the development and use of property for such purposes. This moratorium took effect on January 6, 1997. The moratorium was established in order to allow Staff.the necessary time to research the development of Personal Communication Services (PCS) and the need for towers and antennas to facilitate the provision of these services. Observations: At the January 7, 1997 Planning Commission meeting, the law fzrm of Larkin, Hoffman, Daly & Lindgren, Ltd. (hereafter referred to as "the furn") presented a letter to the Commission that listed its concerns with the proposed towers ordinance. Since this time the finn has sent a letter to the City that lists its requested revisions to the proposed towers ordinance. These requested revisions are summarized below and are accompanied by City Staff's positions on these issues. (The ordinace draft is enclosed for your reference). The firrn has indicated to Staff that a representative will attend the February 4, 1997 meeting to answer questions or provide further explanation. Section 9.15.03 (b) (1). The fh'm requests that the word "camouflaged" be replaced with "integrated with or designed" and that the design must meet Federal Aviation Administration (FAA) standards. Staff is comfortable with this suggestion. Section 9.15.04 (b) (6). The f'u-m requests that this section be eliminated. Staff believes that the reason for this suggestion is that the finn believes that requirements such as these should be specified in the contract between a firm and the City, not in the Code that applies to all firms that may erect a tower in the City. Staff is comfortable with this provision but notes that some language to the effect of this section should be considered in a contract between the City and a finn that proposes a tower on City owned property. Section 9.15.04 (c) (1) (iv). The f'm-n requests that the phrase "will not be harmful to the health of workers" be replaced with "will not unreasonably interfere with". Staff is comfortable with this suggestion. Section 9.15.04 (c) (2) (i). The firm requests that the phrase "of a sufficient scale and character" be deleted. Staff believes that the inclusion of this phrase, although ambiguous, allows the Park and Recreation Commission to determine which parks are compatible with communication towers. Section 9.15.04 (e) and (f). The firm requests that these sections be eliminated. Staff believes that the same reasoning by the f'rrrn was used to arrive at this request as was used in previously stated Section 9.15.04 (b) (6). Staff opinion is the same as in that section as well.