Loading...
HomeMy WebLinkAboutagenda.council.worksession.202001211 AGENDA CITY COUNCIL WORK SESSION January 21, 2020 4:00 PM, City Council Chambers 130 S Galena Street, Aspen I.WORK SESSION I.A.Wireless Infrastructure Design Guidelines I.B.Council Board Reports I.C.Planning For Upcoming Joint Meetings (Wheeler, School Board, BOCC) 1 MEMORANDUM TO: Mayor Torre and Aspen City Council FROM: Justin Forman, P.E., Operations Manager, Utilities; and Ben Anderson, AICP, Planner II, Community Development THRU: Trish Aragon, P.E., City Engineer Andrea Bryan, Assistant City Attorney Tyler Christoff, P.E., Director of Utilities Paul Schultz, Director of Information Technology Phillip Supino, AICP, Community Development Director MEMO DATE: January 14, 2019 MEETING DATE: January 21, 2019; Work Session RE: Wireless Facility Design Guidelines and Related Land Use Code Amendment REQUEST OF COUNCIL: At the work session on Tuesday, January 21st: 1) Staff will update Council on the development of more specific and rigorous design guidelines related to wireless telecommunications facilities, specifically small cell facilities. 2) Staff will describe the relationship of the new design guidelines document to proposed changes to the Wireless Facilities chapter of the Land Use Code (26.505). 3) Staff requests two actions from Council: • Review key elements of the proposed design guidelines for small cell facilities and provide feedback. This feedback will be important as staff works with our consultant team (HRGreen) to continue work towards a final draft of the guidelines document. See Key Elements of Design Guidelines in the Discussion section below. • Provide direction for a future Ordinance that would adopt the design guidelines and a related amendment to the Land Use Code. PREVIOUS COUNCIL ACTION: • Passing of Ordinance No.5, Series of 2019 – Amending City of Aspen Land Use Code Related to Wireless Infrastructure Regulation 2 Page 2 of 6 • Passing of Resolution No. 92, Series of 2019 – Professional Services Contract with HRGreen, Inc. for Design Guidelines for Small Cell Infrastructure • Passing of Resolution No. 133, Series of 2019 – Approval of a Master License Agreement with New Cingular Wireless PCS, LLC (AT&T). • Passing of Resolution No. 135, Series of 2019 – Approval of a contract with Crown Castle for Distributed Antenna System Facility Lease Agreement. SUMMARY AND BACKGROUND: In 2017 and 2018, rule changes from the Federal Communication Commission (FCC) and a new Colorado State Statute fundamentally changed the ability of local jurisdictions to regulate a particular type of wireless telecommunications facilities called small cell facilities. The changes were implemented to facilitate wireless providers in the deployment of new wireless technology. Specifically, these rule changes: • Preempt local authority over the use of the public right-of-way for these facilities (FCC) • Shorten times for local reviews (FCC) • Limit local fees (FCC) • Limit local review to aesthetic and location preferences (FCC) • Allow small cell facilities as a use by right in all zone districts (Colorado) Like many other communities, these rule changes created challenges for City staff as there were not regulations, standards, or processes in place to evaluate these facilities in the public right-of-way. In fall of 2018, COA staff began responding to this new paradigm. Work Completed to Date To date, a multi-department team has implemented the following: • A fully new section of the land use code, written in consultation with telecommunication attorneys, to define new review processes, definitions, and basic design guidelines. • A new land use application specific to wireless telecommunications facilities. • New processes that coordinate reviews by Community Development (planning and building), Engineering, and Utilities for facilities in the right-of-way. This was necessary to ensure compliance with new “shot clock” review timelines. Much of the initial work on this was completed as a stop-gap measure, as the City needed to get rules and processes in place to respond to what was feared to be imminent applications for these facilities. When these changes were adopted in March of 2019, Council directed staff to update the City’s Design Guidelines on new wireless deployments. In August of 2019, City Council approved a contract for professional services with HRGreen, an engineering firm, to assist staff in the creation of a more robust set of design guidelines in giving specific definition to small cell facilities that are in the public right-of- way. 3 Page 3 of 6 Role of Design Guidelines The completed design guidelines will give definitive and detailed direction to the wireless carriers and their representatives as they design wireless facilities for the Aspen market. Additionally, the guidelines will give clear direction to city staff in the processes and criteria for review of new facilities and upgrades to existing facilities. Related to the adoption of the Design Guidelines, staff will be drafting an amendment to the Land Use Code that gives direction to applicability, process, and the use of the design guidelines within the review of wireless facilities. Once this amendment is adopted, the design guidelines can be amended and evolve in response to new technology and federal and state regulations, without having to further amend the Land Use Code. The relationship of the Wireless Design Guidelines to the LUC will be similar in this way to Aspen’s Commercial Design, and Historic Preservation Design Standards and Guidelines. Public Engagement In the drafting of the design guidelines, it was essential that staff engage the public on this topic as the implementation of small cell facilities raised concerns over visual impacts to the community and a global conversation about potential health concerns of 5G wireless technology gained the attention of citizens. Developed by City Communications Department staff, a comprehensive engagement strategy was successfully deployed. We had direct interactions and received input from 200+ residents and stakeholders. A summary of public outreach – including communication efforts, events, and comments received is included as Exhibit B. DISCUSSION: Staff requests feedback from City Council on the selected key elements in the proposed design guidelines. A draft document outlining the full design guidelines is included as Exhibit A. Key Elements of Design Guidelines – selected items from Exhibit A 1) Replacement of existing street lights – staff recommends that our first choice for small cell facilities in the right-of-way be in the location of an existing street light. The street light would be replaced with a small cell pole that would be fully paid for by the wireless provider. 2) Height – staff recommends that small cell facilities in the right-of-way be limited to 25 feet in height. Federal rules allow these facilities to be up to 50 feet in height. Staff based Aspen’s recommended height on the maximum height of structure allowed in our residential zone districts. 3) Minimum distance between facilities – staff recommends that we limit the minimum distance between facilities that contain the same wireless provider’s 4 Page 4 of 6 equipment to 600 feet. This includes both small cell facilities – and larger facilities that may be on rooftops of private or public buildings. 4) Pole design features – staff recommends the following: a) The pole will have a fluted pattern to reference our existing street lights b) The pole diameter is limited to 18” at the pole’s base c) The pole and antenna structure will be painted to match the color of our existing street lights d) A luminaire (street light fixture) will be mounted to the small cell pole in replacement of the existing street light: • The fixture will be mounted at a height consistent with best practices and requirements in street light design • The style of the fixture is “hockey puck” design, approximately 18 inches in diameter. • The fixture will be flush mounted to the pole (little or no armature) • The fixture will be downlit • The fixture will meet City of Aspen B.U.G. (backlight, uplight, glare) standards – defined in a policy adopted in 2013. 5) Concealment of related equipment – staff recommends that all equipment related to small cell facilities shall be located within the pole structure or in an underground vault. 6) Prohibited Locations – Staff recommends the following areas be prohibited in the location of small cell facilities: Relationship to Designated Historic Properties and Districts No small cell facilities are allowed in the right-of-way adjacent to any street facing façade of these iconic Aspen buildings: +Wheeler Opera House +Elks’ Building +Independence Building +Wheeler/Stallard Museum +Hotel Jerome +City Hall (Armory Bldg.) +Pitkin County Courthouse +St. Mary’s Church +Sardy House No small cell facilities are allowed in the Aspen Pedestrian Malls. These areas are described as Hyman and Cooper Avenues between Mill and Galena Streets, and Mill Street between Copper and Hyman Avenues. Relationship to Designated Mountain View Planes No small cell facilities are allowed in the foreground of a designated Mountain View Plane. See Aspen Land Use Code 26.435 for the identification of these areas. 5 Page 5 of 6 Relationship to designated Open Space No small cell facilities are allowed in the right-of-way adjacent to any designated Open Space parcels. 7) Notice Requirements – If a small cell facility meets the design guidelines, they would be considered as an administrative review – and no public notice would be required until after an approval was granted. Therefore, staff recommends that within 15 days of an application being deemed complete, the applicant shall complete the following: a) A poster being placed on site that includes  A photo simulation of the proposed facility  A brief description of the type of equipment and RF signal  Contact information for the carrier and city staff b) A mailed notice to all property owners within 300 feet of the facility. c) Newspaper notice in the form of a box advertisement d) Updates to City of Aspen GIS and Map Aspen showing the location of the proposed facility. Response to Public Concerns The most significant and consistent comments that staff received related to small cell facilities came from citizens concerned about potential health effects of emerging 5G technology. While Federal Law prohibits local communities from regulating these facilities based on environmental or health concerns, staff recommends the following requirements as part of the application and approval of wireless facilities: 1) NIER Reporting – this is a technical description of the specific radio frequencies that are expected as designed from a specific small cell facility – related to the FCC rules regarding maximum permissible exposure (MPE). This report, which Aspen has not required in the past, will provide detailed information about the radio frequency emissions specific to a given facility. It will be required in the establishment of a new facility and any time a facility is upgraded. 2) Required testing and reporting of the actual frequencies and strength of frequencies being emitted following the installation or upgrade of a wireless facility within 90 of completion of work. Additionally, annual audits of radio frequency signals from all facilities will be required. This will be the responsibility of the cellular providers. 6 Page 6 of 6 Next Steps If Council agrees with the continued efforts toward the design guidelines and related Land Use Code Amendment: 1) Staff will return to Council in the coming weeks with a Policy Resolution outlining City Council direction to final drafts of the design guidelines and related Land Use Code update. 2) Staff will present the proposed design guidelines and code update to P&Z and HPC for a formal recommendation to City Council. 3) Staff will present an Ordinance to City Council for approval of the final draft of the design guidelines and Land Use Code update. This is expected to be completed by early March. FINANCIAL IMPACTS: N/A ENVIRONMENTAL IMPACTS: N/A ALTERNATIVES: N/A RECOMMENDATIONS: N/A CITY MANAGER COMMENTS: EXHIBIT A: Outline of Design Guidelines related to Small Cell facilities EXHIBIT B: Summary of public outreach efforts 7 City of Aspen Wireless Communications Infrastructure Design Guidelines –Recommended Elements - The following recommendations are being considered prior to being included in Aspen’s draft design guidelines document. The City of Aspen may change these recommendations at any time and without prior notice. The recommendations resulted from a combination of these sources of information: •Public Engagement efforts and corresponding feedback •City of Aspen Historic Preservation Commission feedback •City of Aspen Planning and Zoning Board feedback •City of Aspen City Council feedback •City of Aspen staff expertise •HR Green – Wireless consultant expertise Introduction Aspen’s Wireless Communications Infrastructure Design Guidelines are intended to supplement the requirements of Aspen Land Use Code Chapter 26.505, Wireless communications facilities and equipment. The Guidelines provide objective, technically feasible criteria, for the development, installation, maintenance, modification, and removal of wireless communications infrastructure that is consistent with Aspen’s small mountain town character, while at the same time not unreasonably interfering with the development of a competitive wireless communications marketplace in the city. The criteria are applied in a non-discriminatory manner that reasonably match the aesthetics and character of the immediate area regarding all of the following, which the City shall consider in reviewing an application. (a)The location of any ground-mounted wireless communications facilities (WCF) including their relationship to other existing or planned WCF sites regardless of provider using each pole (b)The location of a WCF on a wireless support structure (c)The appearance and concealment of WCFs, including those relating to materials used for arranging, screening, and landscaping (d)The design and appearance of a wireless support structure including any height requirements adopted in accordance with these Guidelines It is the goal of the City to allow the installation of a wireless communications infrastructure with a minimum foot print. This shall be accomplished by WCF siting and the use of multi-cell poles that can accommodate multiple service providers. The City may revise, develop new, update, or amend their Guidelines as necessary to meet the goals of the City. The provisions of the Guidelines shall not limit or prohibit the City's discretion to promulgate and make publicly available other information, materials or requirements in addition to, and separate from the Wireless Communications Infrastructure Design Guidelines that do not conflict with state or federal law. Exhibit A 8 Wireless Communications Infrastructure Design Guidelines Recommendations DRAFT 2 | P a g e Wireless Communications Facility Definition Aspen Land Use Code Chapter 26.505 defines a Wireless Communications Facility or WCF as a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or Smart City, Internet of Things, wireless utility monitoring and control services. A WCF does not include a facility entirely enclosed within a permitted building where the installation does not require a modification of the exterior of the building; nor does it include a device attached to a building, used for serving that building only and that is otherwise permitted under other provisions of the Code. A WCF includes an Antenna or Antennas, including without limitation, directional, omni- directional and parabolic antennas, support equipment, Alternative Tower Structures, and Towers. It does not include the support structure to which the WCF or its components are attached if the use of such structures for WCFs is not the primary use. The term does not include mobile transmitting devices used by wireless service subscribers, such as vehicle or hand-held radios/telephones and their associated transmitting Antennas, nor does it include other facilities specifically excluded from the coverage of the Guidelines. Small Cell Facility Definition Aspen Land Use Code Chapter 26.505 defines a Small Cell Facility or SCF as a WCF where each Antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an Antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and primary equipment enclosures are no larger than seventeen cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, is not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosure, back-up power systems, grounding equipment, power transfer switch and cut-off switch. Small cells may be attached to Alternate Tower Structures, Replacement Pole, and Base Stations. Application and Review Procedures No new WCF shall be constructed and no Collocation or modification to any WCF may occur except after a written request from an applicant, reviewed and approved by the City in accordance with Section 26.505.050 and Section 26.505.060 in City code. Preferred installations for all wireless facilities – in order of preference 1) Co-located on the rooftop of private property 2) Co-located on the rooftop of a City of Aspen building 3) New facility on the rooftop of private property 4) New facility on the rooftop of a City of Aspen building 5) Co-located on an already established or future small cell facility in the right of way 6) New small cell facility established on the site and in replacement of an existing City of Aspen street light and including an attached luminaire or contained within the structure of existing or redesigned traffic signals, with cooperation of CDOT 7) New stand-alone facility in a new location – this may or may not include a luminaire 9 Wireless Communications Infrastructure Design Guidelines Recommendations DRAFT 3 | P a g e Prohibited Locations 1) Relationship to Designated Historic Properties and Districts No SCFs are allowed in the right-of-way adjacent to any street facing façade of these iconic Aspen buildings: • Wheeler Opera House • Elks’ Building • Independence Building • Pitkin County Courthouse • Hotel Jerome • City Hall (Armory Building) • St. Mary’s Church • Sardy House • Wheeler/Stallard house No SCFs are allowed in the Aspen Pedestrian Malls. These areas are described as Hyman and Cooper Avenues between Mill and Galena Streets, and Mill Street between Copper and Hyman Avenues. 2) Relationship to Designated Mountain View Planes No SCFs are allowed in the foreground of a designated Mountain View Plane. See Aspen Land Use Code 26.435 for the identification of these areas. 3) Relationship to designated Open Space No SCFs are allowed in the right-of-way adjacent to any designated Open Space parcels. Height SCFs within the City of Aspen’s Right of Way are limited to 25 feet in height. Minimum Distance between facilities WCFs shall not be located closer than 600 feet from any wireless facility that has the same provider’s equipment attached to it. Pole Design SCFs shall have a fluted pattern on the shaft of the facility – in reference to the existing street light design. Pole Diameter SCFs shall be contained in a pole with a base diameter of no more than 18 inches. The maximum diameter indicated shall extend no more than four (4) feet from the point of attachment. Above the base, the diameter of the pole shall be reduced from t his maximum before terminating with the antenna facility. 10 Wireless Communications Infrastructure Design Guidelines Recommendations DRAFT 4 | P a g e Antenna Dimensions and Color SCF antenna and related shroud at the top of the facility are limited to three (3) cubic feet in volume. The antenna and shroud shall be painted to match the related pole. Caisson Design (the underground concrete foundation and conduit connection) HR Green is working with City of Aspen Engineering and Utilities to define SCF caisson standards. Pole Color The SCF shall be painted to match Aspen’s existing street lights. Electric Meter The City strongly encourages SCF site operators to use flat-rate electric service when it would eliminate the need for a meter. If, however required by utility provider, a related electric meter shall not be contained within or adjacent to the SCF but will instead be located proximate to the transformer or underground with other related equipment. Luminaire Design Luminaires attached to SCFs shall have the following characteristics: a. A LED, “hockey puck” design b. The fixture shall be mounted at a height that is consistent with best practices and requirements in street lighting design c. The fixture shall be painted to match the pole to which it is attached d. The fixture shall be designed to be modular – in that it could be easily replaced with an alternative fixture in the future e. The fixture shall comply with City of Aspen B.U.G. Standards f. The fixture shall be dark sky compliant Prohibition on above ground electrical or fiber optic cable connections All related cabling shall connect to the SCF underground. Above ground connections to the facility are prohibited. Engineering Requirements SCFs and their installation shall be compliant with City of Aspen Engineering Standards and Right of Way permit requirements. Poles in CDOT rights-of-way may be compliant with certain CDOT standards upon their request, but this exemption will not relieve the installer of the city’s aesthetic standards and may require special handling on a case-by-case basis in the event of a conflict. Other Utility Requirements SCFs shall have an on/off switch that is accessible to City of Aspen Utilities and Holy Cross Energy employees for use during emergencies, maintenance to the SCF or attached luminaire, or adjacent tree trimming or other similar activity. HR Green is working with City of Aspen Engineering and Utilities to identify any other 11 Wireless Communications Infrastructure Design Guidelines Recommendations DRAFT 5 | P a g e requirements that would fit under the utilities and engineering sections. Utility Distribution Poles All SCF attachments to utility distribution poles that provide aerial support for overhead utility lines with or without a streetlight attached shall be approved by the City’s Electric Superintendent or Holy Cross Energy prior to installation. All SCF equipment shall meet the City’s Electric Superintendent or Holy Cross Energy requirements and all of Aspen’s permit requirements. SCF antennas shall be located inside an enclosure of no more than three (3) cubic feet. SCF ground mounted enclosures, including backup power supply, and electric meters must be concealed within an existing, previously approved above-ground cabinets, or placed in a flush- to-grade underground equipment vault unless otherwise demonstrated to the satisfaction of the City to not be feasible. All wiring shall be concealed within the pole or in conduit. Color of conduit shall be approved by the City. Streetlight Poles No SCF shall be attached to any existing streetlight pole unless the existing streetlight pole was specifically designed to support SCF equipment or is approved by a licensed Colorado Professional Engineer. In all other cases, the applicant shall have the existing streetlight pole removed. The applicant shall be responsible for any and all costs for removal of the streetlight pole. The applicant shall place a new combined SCF and streetlight pole in place of the removed streetlight pole or within 5 feet of the removed streetlight pole and shall be responsible for the energy consumed by its luminaire. Traffic Signal Poles SCFs may be installed on CDOT-owned and City-owned traffic signal poles. This assumes that the traffic signal pole is not expected to be used for emergency communications or tolling equipment. No SCF shall be attached to any existing traffic signal pole unless the existing traffic signal pole was specifically designed to support SCF equipment or is approved by a licensed Colorado Professional Engineer. In all other cases, the traffic signal pole and mast arm shall be replaced with a traffic signal pole and mast arm designed to accommodate the SCF equipment in addition to the required traffic signal and street light equipment. An applicant may be limited to one traffic signal pole within 300 feet. For example, at a signalized intersection there are generally 4 signal poles. A single applicant may be approved for only 1 of the 4 signal poles. Other applicants may be approved for the other poles. Span wire designs are not permitted without the specific approval of the city engineer in writing. New Poles If a replacement pole design is not possible, then a new wireless support structure shall be designed to minimize the visual and aesthetic impact of the new vertical element and associated SCFs upon the surrounding area and shall blend in with the surrounding streetscape with minimal visual impact. The City requires that new wireless support structures to be constructed of a specific material that will enhance the stealth and concealment of the structure. New poles shall be designed as monopoles, consistent with the pole designs concepts specified by the City. 12 Wireless Communications Infrastructure Design Guidelines Recommendations DRAFT 6 | P a g e Related Accessory Equipment All equipment related to small cell facilities shall be located within the facility’s pole structure or in an underground vault. Beyond the antenna, related shroud, and luminaire, no equipment may be attached to the exterior of the pole. NIER Reporting Requirements Certification of compliance with applicable FCC regulations, which includes a non-ionizing electromagnetic radiation (NIER) report for the WCF equipment type and model endorsed by a radiofrequency engineer licensed in the State of Colorado, including a certification that the WCF complies with all radiation and electromagnetic standards. The report shall specify approach distances to the general public and occupational workers at the ground and antenna centerline levels. The report shall include instructions regarding powering off the equipment or contact information for a person who can power off the equipment. No significant changes to the power, location, RF emission patterns and/or emitting frequencies may be made without prior notification and approval. However, non-substantive changes, for example, in-kind replacements of transmitters of the same frequency, radiation patterns and power are permitted. The city retains the right to independently verify the RF patterns as installed. Public Safety The wireless provider shall comply with all applicable FCC, state, and local codes, provisions, or regulations that concern public safety. WCFs must not result in human exposure to radio frequency radiation in excess of applicable safety standards specified in 47 CFR Rule 1.1307(b), or as specifically amended by the FCC. After transmitter and antenna system optimization, but prior to unattended operations of the facility, the wireless provider or its representative must conduct on-site post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit. The wireless provider shall submit documentation of this testing to the City within ninety (90) days after installation of the facility. RF emissions testing shall be conducted annually. Notice Requirements – at complete application At the issuance of a completeness letter for an application for a new SCF installation, the following procedures for public notice will be followed by the applicant: Within 15 days of the completeness letter being issued, the following notice materials are required: 1) A 24x36 poster will be placed at the location of the proposed facility. The poster will include the following information: • A photo simulation of the proposed facility. • A brief description of the type of equipment and RF signal that is emitting from the facility • Contact information for the applicant. • Contact information for city staff. 2) A mailed notice to all property owners within 300 feet of the proposed facility. The mailed notice will include the information required by the on-site poster – and shall additionally include text that better explains what a SCF is. 13 Wireless Communications Infrastructure Design Guidelines Recommendations DRAFT 7 | P a g e 3) Newspaper Notice – City of Aspen Community Development will facilitate. 4) Location information shall be provided so that City of Aspen GIS can update the location in a layer on Map Aspen identifying Existing and Pending Wireless facilities City of Aspen Community Development Department will assist the applicant in the provision of notice. Any delays in the provision of necessary materials for public notice by the applicant will result in a hard stop on the shot clock tolling. All costs associated with the issuance of public notice shall be the responsibility of the applicant. 14 EXHIBIT B – Summary of Public Outreach Efforts – Page 1 of 4 Communications +Press release about small group workshops +Press release about Feedback Forum (event at the Limelight) +Paid advertisements on Facebook throughout the workshop period and Feedback Forum +Advertisements in Aspen Daily News and Aspen Times (November 1, 4, 5, 6, 7, 8,12, 19, 21) +Aspen Daily News articles – November 12, 2019 and November 27, 2019 +Aspen Public Radio stories – November 10, 2019 and December 19, 2019 +Aspen Community Voice – information and portal to receive comments +Social Media posts November 1, 4 ,5, 26, December 2 Events +Tabling at Aspen Saturday Market +Project introduction meetings with: ACRA, CCLC, P&Z, HPC +Discussion sessions with staff representatives of Town of Basalt, Town of Snowmass Village, and Pitkin County +Small group forums/workshops (1 hour – 1.5 hours each) a total of 8 sessions Held at APD, Redbrick, and City Hall November 6, 7, 8, 11, 12 (2 sessions), 13, and 21 (total of 8 sessions) +Feedback Forum – Limelight – December 4 – 11a - 1p and 4:30p - 6:30p While the number of attendees at the small group forums was modest, staff had very good conversations with members of the community who have been most concerned about potential health impacts of the new technology. Additionally, we received useful feedback on the individual elements of the design guidelines. Moving forward, staff sees this tool as having great potential with other community discussions. 15 EXHIBIT B – Summary of Public Outreach Efforts – Page 2 of 4 P&Z and HPC comments Two primary comments emerged from discussions with P&Z and HPC. First, HPC was particularly concerned about potential visual impacts to Main Street and the Commercial Core Historic Districts. They recommended that staff identify alleyways as a preferred location for small cell facilities. Secondly, both boards asked questions related to the design of the luminaires (street lights) that will be attached to small cell poles. While staff agrees that both topics likely need further discussion and study, staff recommends that for the time being, the proposed location and street light design guidelines be adopted as presented. Summary of Public Comments – primarily from small group forums and Limelight event Question: Do you support additional wireless facilities in Aspen if they would improve coverage / service / speed of your wireless devices? Responses: • Don’t have a choice so yes. • “they’re already here, just a different way of delivering the service” • A lot more street lights – density makes it different in telecommunication • Impossible to ignore pace of technology • “necessary evil” • Make it happen in a responsible way • If aspen gets driverless vehicles, I am all for it. If only for the internet, then no • Need to take case of customers • Need guaranteed emergency contact • Make parameter box too hard • 1) health/safety, 2) aesthetics, 3) how tech we need? • Not to lose “Aspen aesthetics” and turn to suburban America • Nice to have better coverage but not at a cost • Tourists have expectations to be up to date • Big events cause interruption in service • Concerned about density • Service seems fine now, so no support to more • “I’m fine with my cell service right now.” (i.e., as it is) • “Speed is important for my work with video surveillance cameras, but overall health is more important than everything else.” • Do not support yet • Need a case where it was worth it • Do I need to download a movie super fast? No. • Horrified, could care less about speed. Concerned about health and items in front of house. Aspen worked hard not to have things in way, open to petitioning this off. 16 EXHIBIT B – Summary of Public Outreach Efforts – Page 3 of 4 • Not important if improved. Can see how this might benefit others for example the hospital. • On both sides. No one asked us if we want it and health is a concern. 82% of people interact with Parks on cell phones, affluent town and computer savvy, people on calls are driving this endless no frontier. Don’t think we have a choice, mitigate best we can. Think more yea the nay people • Work on mitigation and carrier control. Quality of life feelings affected, being invaded. Doesn’t feel right. • “No, I don’t support additional small cell facilities due to aesthetic and health concerns” • “ “No, I will use WiFi or a wired/fiber connection if I need better broadband” • “I don’t care what it looks like. I don’t want it in my neighborhood.” • No don’t care about improved service • Put aside a fund to fight and lobby • Aspen hasn’t done anything about it like other communities have • Towers in China with face recognition. We should just say NO • Make the best of this non-great situation • No – 13 separate responses • It’s fine for now but can it handle more growth? That’s intangible. • Mine is working fine now • It is fine now • Absolutely not! Question: If health is your primary concern with small cell facilities, please discuss with your group the issues that concern you the most and why? Responses: • A lot like politics, liars don’t figures….done tests with rats when you go to health side you get fear (microwave oven/ atomic bombs), cherry picking of information, not enough research • Nick DeWolf – people next to tower freak out, they say sun is worse, 5G is same as pickled vegetables, undusted concerns but not overly, believe concerns if can. • Lack of data on knowing what impacts might be • FCC isn’t commissioning studies – frustrating • Lobby federal gov. to do studies • Equating federal gov. to big tobacco “this is fine” • Not enough info yet • Shouldn’t be moving forward until there is more info • Failure to have info is suspicious • Work with the state for info • If there is enough community will, maybe companies wouldn’t want the negative publicity • Frustrated by the lack of control • “Tower density and potential health impacts” • “Get more providers on each pole/tower, multiple carriers and competition will result in better service” 17 EXHIBIT B – Summary of Public Outreach Efforts – Page 4 of 4 • The failure of having reliable health information is concerning • I heard there are potential risks to health. So hold off if we can? • I would like council to work with state • How long can we delay this? • I would like more information mater about health • There is not enough information regarding health • There is a good and a bad side. Do you want to give the tourist business to Vail because you don’t have high speed internet? • Push back in Europe • I am a healthcare provider, read about studies but there are major health concerns. Maybe not anything we can do • Maybe a mass petition, but aren’t confident it’s going to happen • Money is too large to change • GMO is example to look at • Support council to lobby against • “Yes, because the radio frequency engineers are concerned with being in close proximity to these facilities” • Yes, health concerns, closer proximity of facilities and use of new RF bands (e.g. millimeter wave)” • “Aesthetics are important but health effects are my primary concern” • Seriously concerned about how bad health impacts are • Get safety study first • “Health above all” • “Who doesn’t want faster service? But who wants cancer, brain disease, other health impacts?” • Huge health risk • Need to educate people • Huge concerns, there are no safety studies! We do not want to be guinea pigs • I have no technology. Please do not contaminate my world outside my door! This can not be safe! Do I have to move out of these cell towers? • Absolutely a concern due to higher levels of radiation proven unsafe. All of Europe is fighting it. Why should we accept it? • Concerns appears to be emerging through zero studies on health but legitimate issues. • Please, please consider the long-term health impacts of radiation exposure. I don’t carry a cell phone everywhere exactly for this concern. • Yes, a concern, so wait. • It’s our main concern in the health of the community, children and grandchildren. • Not a concern • Limit to extent possible near homes and schools • A concern since no real data suggests it’s safe after long term exposure • Put down your cell phone • Huge concern- stop- delay • New poles are a clutter. Use existing vertical segments • Let’s get real health data – until then, wait • Please wait. Bad for people and animals • 5G at close proximity is more like a microwave not a radiowave 18