City Council Minutes 2018 09 04 - Laserfiche WebLink

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City Council Meeting Minutes September 4, 2018 Page 8 of 14 Councilmember Maloney asked what parts of the letter staff agrees with or disagrees with. Ritchie stated there is some disagreement with Verizon over interpretation of FCC regulations. Staff and the consulting attorney believe the code is in compliance; staff would also like to keep some of the language Verizon would like amended. Councilmember Maloney asked about the change related to height. Ritchie noted they are requesting additional height to 35 feet. Staff is open to discussion if Council is interested. There is also a request to add additional 5 feet to existing structures and in small cell facilities to 8 feet. Ritchie stated the reason for the continuance is code changes pertaining to height require a hearing and there might be areas to allow administrative approval under certain circumstances. Councilmember Maloney asked if this will work for 5G infrastructure when it is needed. He would like that addressed next time. He wanted it clear that HOA common property was not included in the phrase about allowing on structure or structures with 8 or more units on residentially zoned property. Ritchie noted staff would double check the intent of that statement. Ken Feliman, Kissinger and Fellman, consultant to the City stated new state laws require cities to allow small cell facilities in the rights -of -way subject to design guidelines. This is a use -by -right subject to the City's police power. Federal provisions say no state or local government can prohibit the facilities so if this can't meet our regulations it would be considered preemptive by the City. Because of this, he recommends a continuation so staff can determine if the height limit is workable and we aren't being preemptive. Both legally and technically this is a rapidly changing area and new laws are likely. This is really good option, but we may need to make changes as we start seeing deployment and the FCC may change the law to create further preemptions. Even if approved, this may need to be evaluated and changes made in the next few months. Regarding 5G the extra height request may solve that, but there is no accepted standard for 5G so it is hard to legislate toward. Other communities have found some of this language staff is suggesting has been acceptable. This ordinance will position the City to deal with 4G and 5G networks. Melissa Regan, Sherman & Howard, representing Verizon, stated the height request is to be proactive to be able to reach 5G implementation. She noted photo simulations in her letter so members can see what they might look like. The thought is the need for additional 8 feet would get both 4G and 5G on existing structures and 35 foot. proprietary poles to allow 4G and 5G without asking for changes. The taller pole allows