Council approves regulations, fees for small-cell technology

At its Dec. 17 meeting, the Vestavia Hills City Council passed two ordinances that regulate and introduce a fee structure for telecommunications companies wishing to install small-cell technology, which lays the groundwork for the future 5G data network, in city limits.

The first ordinance, enacting regulations, states companies must obtain a permit from the city in order to place, install or construct small-cell technology on any structure located on a public right-of-way or on private property. Small-cell technology helps eliminate dead spots, improving voice and data networks.

As much as possible, small-cell technology should be “colocated,” meaning technology would be placed on an existing utility pole or other support structure, according to the ordinance. Small-cell technology attaches inconspicuously to utility poles and covers a very small area, Downes previously said.

If a new structure must be built, the company must prove colocation is not possible, and the request must be approved by both the city manager and the council.

For technology placed on public structures, there is a $200 application and review fee, a $100 initial issuance fee per support structure, and a $500 annual license fee per structure. For technology on private property, those fees are the same, with the exception of an annual license fee, which is not issued for private property.

TRAFFIC STUDY

The council also approved a resolution authorizing Downes to enter into an agreement with the Regional Planning Commission of Greater Birmingham for a traffic study, funded partially by an Apple Grant. The grant pays for $48,000, or 80 percent, of the $60,000 project, with the city paying the other $12,000. The project will study eight to 10 intersections within city limits to analyze traffic problems and draw up possible solutions. The RPCGB will conduct the work.

FORGE FITNESS

A vocal, months-long debate about whether Forge Fitness, located at 2301 Old Columbiana Road, should be able to exercise outside came to an end at the meeting, as the council unanimously approved the business’ request for a conditional use permit.

Many residents spoke out in favor of and in opposition to the request at both the council meeting and at the planning and zoning meeting where the request was approved and passed to the council.

Rich Pennino, owner of Forge Fitness, said most of the complaints were about one specific event, held in October, which would have required another type of permit from the city, and would not be covered under the conditional use permit.

Pennino reminded the council members of the city’s logo, which includes the words “unity, prosperity, family,” and said to deny them their request would be like denying what’s in the city’s logo.

Mayor Ashley Curry and council member Rusty Weaver instructed the crowd before the public hearing, reminding them to keep it civil and to stay focused on the question of the permit, instead of focusing on non-related issues such as the October event and the use of the athletic field adjacent to the building, as it’s zoned for institutional use, not covered by the conditional use permit and under separate regulations. Curry later had to tell the crowd to not bring up social media posts that have been made.

Resident Jeff Martinez said Pennino consistently ignored the city’s instruction and would do it again.

“Past actions show possible future problems,” Martinez said. “... He has to understand where he is, and I don’t know if he knows that, or if he cares.”

David Cutchen, who opposed Pennino at the planning and zoning meeting, echoed his arguments from that meeting, saying it was “off-putting” to see people running outside, running around the building.

Three residents voiced their support for Pennino, saying he was a good, reasonable neighbor and didn’t create any problems.

Pennino said it’s “crazy” he had to ask for the permit to begin with, which drew a response from council member George Pierce, who reminded Pennino he couldn’t just do whatever he wanted at his business, while also reminding both him and residents opposing the permit that they needed to work together and be good neighbors.

The permit allows exercise outside with the following restrictions: No unreasonable outdoor noise in violation of the standards set in the city noise ordinance, as amended, before 8 a.m. or after 9 p.m., Monday through Friday, and before 9 a.m. or after 5 p.m. on Saturdays or anytime on Sunday; outdoor batting cages are prohibited on premise; no amplified music outside of the building; and any changes to outdoor lighting must be approved by the city’s Design Review Board.

OTHER BUSINESS

In other news, the council:

• Ratified the existing 3.15 mill ad valorem tax that goes to Vestavia Hills City Schools.
• Approved an ordinance partnering with the CoachSafely Foundation, in accordance with a state law mandating education for youth sports coaches and volunteers.
• Rezoned 4517 Pine Tree Circle from Vestavia Hills R-1 to VH O-1, requested by Hancock Construction.
• Rescinded city ordinances regulating Uber and Lyft, as they are regulated at the state level.

At a work session prior to the meeting, Vestavia Hills City Schools superintendent Todd Freeman asked the council to approve the existing millage, as the school will seek a $9 million, 10-year loan at the end of January to pay for the continued cost of construction at multiple campuses.

Freeman said the loan will not require any new taxes to be approved by residents.