10-28-2019 Council Packet - Laserfiche WebLink

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2 Ordinance Summary • Requires all wireless providers to obtain a small wireless facility permit from public works prior to installing any small wireless facilities in the City. • Directs the Public Services Director to develop a permit application form, and additional design standards, construction standards, aesthetic standards, and other permit requirements. • Sets initial general standards for small wireless facilities. • Sets forth the application process from start to finish. • Establishes mandatory conditions for all permits. • Provides the term of all small wireless facility permits. • Lays out the process to deny or revoke a small wireless facility permit, including an appeal to the City Council or the Council’s designee. • Requires City inspection of permitted small wireless facilities. • Includes provisions for removal of abandoned or unauthorized small wireless facilities. • Includes mandatory insurance provisions. • Includes indemnification and defense of the City requirements. • Application fees as set forth in the FCC’s small facility wireless order. • Annual small wireless facility permit fees for small wireless facilities in the public right-of- way as restricted by state law to the recovery of the City’s right-of-way management costs. The Public Services Director is directed to determine the annual fee. • City-owned wireless support structure fees as limited by state law. This is for small wireless facilities collocated on City-owned wireless support structures in the public right-of-way. • Annual fees for use of city-owned property outside of the public right-of-way. The Public Services Director is directed to determine the fee per location and per request. • Construction of fiber optic cable and other activity in the public right-of-way remain subject to the City’s existing code and permitting requirements. • Macro-cell towers remain subject to the City’s existing zoning code. Staff gave Verizon Wireless the opportunity to comment on the original draft ordinance and they suggested that a few revisions be made. Mike Bradley reviewed the proposed revisions, but we made only two minor changes: (1) the notice of assignment required after a transfer of ownership [§ 305.06(10)] was increased from 10 days to 30 days; and (2) the following provision was added to § 305.15(3) (c): “The applicant may opt to pay an annual fee upfront for the cost of electricity based on an annualized calculation.” RECOMMENDATION Approve first reading of Ordinance No. 01-19. ATTACHMENTS Ordinance No. 01-19 August 5, 2019 Work Session Minutes