HomeMy WebLinkAboutMinutes-01/14/2019COUNCIL WORK SESSION
January 14, 2019
4:50 p.m.
Harold E. Getty Council Chambers
Members present: Morrissey, Klein, Amos, Schmitt, and Juon. Mr. Jacobs arrived at 5:03 p.m.
Absent: Feuss.
Moved by Schmitt seconded by Amos that the Agenda, as proposed, be approved. Voice -vote
Ayes: Five. Motion carried.
Objective: Discussion on Small Cell Design Guidelines.
Aric Schroeder, City Planner, explained that the FCC adopted new mandatory guidelines that
sets parameters for how cities are allowed to set fees and implement design guidelines for small
cell towers. Cities are required to adopt guidelines by today in order to be allowed to set design
standards in the future. Changes can be made to the document in the future but at this point the
city needs to adopt the document immediately.
Mayor Hart commented on the amount of work that has been put into the guidelines given the
short timeline, and reiterated that without moving forward the city loses the opportunity to set
standards.
Mrs. Juon questioned how many small cell towers are expected.
Aric Schroeder explained that they expect to see a lot of these installed over several years.
Mrs. Juon questioned what they look like and if a fee can be charged for installation.
Aric Schroeder explained where some currently exist in the city.
Noel Anderson, Community Planning and Development Director, explained that several have
been installed on light poles already. He explained that these smaller towers will communicate
with the larger cell phone towers.
Aric Schroeder explained that due to time constraints, the fee schedule has not yet been
determined, but any fee must be directly associated with the cost that the city will incur. He
further explained that the FCC did pass what they refer to as "safe harbor fees" with dollar
amounts presumed to be approximately $275 per site as a one-time permit fee with the potential
for annual fees.
Mrs. Juon explained that the council was contacted by a resident who is concerned about the
dangerous impact of microwaves let off by these structures.
Mr. Jacobs arrived at 5:03 p.m.
Aric Schroeder explained that it is not an option to deny the allowance of the small cells within
the city, however with the adoption of the guidelines, the city will at least have the ability to set a
minimum standard which cellular providers must adhere to.
Mr. Morrissey questioned who is pushing this legislation at the state and federal level.
Aric Schroeder explained that the state passed legislation that opened up right of ways for
installing this technology and prohibited cities from creating a special permit process or
franchise as well.
Mr. Morrissey questioned where council might find additional information about why another
restriction is being placed on local control.
Aric Schroeder explained that he was unsure of who to contact and that he was not unaware of
advanced notice on the restriction. He further explained that the FCC ruling took place in
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December and though the City of Waterloo was unaware of the hearing, there were other cities
who did participate and voiced their objections.
Mr. Morrissey questioned if any city has filed a lawsuit against these regulations.
Aric Schroeder explained that he is not aware of a lawsuit being filed against the FCC.
Mr. Morrissey questioned what standards were used to guide the installation of small cell towers
in the past.
Aric Schroeder explained that there were no standards outside of an internal staff review.
Mr. Morrissey questioned if council does not vote on this tonight, will the ability to place small
cells take place anyway.
Mayor Hart commented that this is the city's last opportunity to be able to have a say in the
design.
Noel Anderson explained that the current zoning ordinance does include cellular technology
requirements, which has allowed staff to review requests. But with the new more specific
requirements that come with this federal ruling, it is important to take action in order for the city
to continue to have a say in the design guidelines.
Mrs. Klein thanked Mr. Schroeder for his work and stated that she is in favor of citizens being
able to have better access to technology.
With no further business before the Council, it was moved by Juon seconded by Amos that the
meeting be adjourned at 5:12 p.m. Voice -vote Ayes: Six. Motion carried.
Kelley Fele
City Clerk