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Council conditionally approves small‑cell permit, asks city attorney and manager to confirm height and location
Summary
Council debated a Telepath/Verizon small‑cell wireless permit for a 40‑foot pole in a residential district, raised a 33‑foot residential height limit and approved the permit subject to final review and approval by the city manager and city attorney.
The council on July 13 considered a small‑cell wireless permit application from Telepath/Verizon for a proposed 40‑foot wood utility pole and antenna in the right‑of‑way near a school and residential properties.
City Attorney (on record) reviewed state law (Small Wireless Communications Facilities Deployment Act) and the city ordinance and cautioned that municipalities have limited discretion on small wireless facilities due to state preemption. Council members raised concerns that the city’s ordinance limits new poles to 33 feet in residential districts and asked whether this application complied. The applicant had declined a proposed collocation option, and councilors asked whether insisting on a smaller pole would encourage collocation or simply prompt the applicant to claim infeasibility.
Given the statutory 90‑day review clock and outstanding technical questions, the council approved the application on condition that the city manager and city attorney confirm the height and location conform to city requirements (or that any remaining issues be resolved). The motion required city staff and legal review before final sign‑off.
The action underscores the tension between state rules that limit municipal discretion on small wireless facilities and local concerns about pole height and neighborhood impacts; the council’s conditional approval leaves room for final administrative review before construction proceeds.
