Consideration and Adoption of Ordinance No. 2018-07:  An ordinance of the City Council of the City of Flagstaff, amending Title 8 of the Flagstaff City Code, Public Ways and Property, Chapter 8-09, Utility Poles and Wires, relating to wireless facilities in the right-of-way; providing for penalties, repeal of conflicting ordinances, severability, and establishing an effective date; and

Consideration and Adoption of Resolution No. 2018-01:  A resolution of the City Council of the City of Flagstaff, Arizona, approving licensing, standard terms, and standard design requirements all relating to wireless facilities and poles in the right-of-way; and establishing an effective date.
(*CHANGED FROM ITEM 8-A TO 8-C)

In 2017 the State Legislature adopted a new law, A.R.S. Section 9-591 et seq.  which is effective February 9, 2018.  The law allows wireless communication providers to collocate "small wireless facilities" on utility poles in local public rights-of-way without zoning review, so long as the facilities do not exceed 40 feet in height (or 50 feet if there is a nearby pole of this height).  The facilities may be collocated on street light poles, traffic signal poles, or other utility poles. The law also provides that monopoles may be located in the right-of-way, subject to zoning review and approval.  The proposed ordinance and resolution will establish a licensing process for facilities in the right-of-way, along with standard terms and conditions, design standards.

The City will incur indirect administrative costs related to allowing collocated wireless facilities in the right-of-way.  The new law allows the City to charge nominal application and use fees.  The proposed fees have been advertised on the City website pursuant to A.R.S. Section 9-499.15. The proposed fees and data to support the fees are attached.  The City originally posted a notice on December 1, 2017; however, due to a posting glitch the notice was reposted on January 4, 2018.  Therefore, the earliest the fees may be adopted is at the March 6, 2018 Council meeting and a resolution to adopt the fees will be brought forward at that time.

The City policy of requiring undergrounding of utility facilities will be changed to the extent necessary to comply with law.

Improving cell phone/internet networks in the City, and adopting standards for locating wireless facilities in the right-of-way may further the following:

Council Goals:  ECONOMIC DEVELOPMENT:  Strengthen and grow a more resilient economy.

Regional Plan 2030:
Economic Development - Policy ED.2.4., 3.9, 7.5

On January 16, 2018 City Council had a first reading of Ordinance No. 2018-07, with the motion to include option 1 (full zoning review of monopoles and other telecommunications facilities not exempted by law).

1.  Approve documents as presented, and select one of the following options:
     Ordinance option 1:  Monopoles subject to full zoning review. (Pro:  Allowed by law.)
     Ordinance option 2:  Monopoles subject to zoning review, but not a conditional use permit. (Pro: streamlined process.)       

2.  Direct staff to modify the documents presented.

3.  Postpone approval to gather more information or public comment. (Con:  City risks noncompliance with the new law.)

The new law provides that:

• "Small wireless facilities" may be located in the right-of-way without zoning review, so long as the facilities are collocated on a utility pole and the facilities do not exceed 40 feet in height, or up to 50 feet in height if there are taller poles within 500 feet.
• Monopoles may be located in the right-of-way subject to zoning review, i.e. existing zoning and design standards.

The City may require the facilities to comply with applicable codes (such as building codes); regulations to protect public safety (including compliance with federal radio frequency emissions standards); objective design standards; reasonable stealth and concealment requirements; and reasonable spacing requirements (such as utility clearances). 

If a wireless provider seeks to collocate on a City streetlight or traffic signal pole, the provider will need to pay for and erect a replacement pole, certified by a third party engineer for structural integrity.

The proposed Ordinance No. 2018-07:
            Amends City Code Chapter 8-09, Utility Poles and Wires, to require licensing for wireless facilities in the right-of-way.

The proposed Resolution No. 2018-01:
            Approves a form of master license (Exhibit A);
            Adopts standard terms and conditions (Exhibit B);
            Adopts design standards for small wireless facilities (Exhibit C).
           
City staff is not planning to amend the Zoning Code. Right-of-way is not considered to be zoned. By virtue of the new law the City will extend its zoning requirements to any application for a monopole in the right-of-way. There are extensive zoning requirements for monopoles in the existing zoning code.  See attached zoning requirements.

As additional wireless facilities are constructed, there will be increased technical capacity to provide wireless internet and cell phone services at the level sought by the community.

The City's proposed licensing process, standard terms, design standards, and fees for the wireless facilities are similar to what other cities in the Phoenix metropolitan area are adopting.  The cities have been working together to implement the law and have received comments from wireless industry representatives such as Verizon and Mobilitie.   

City staff has met with a citizen who is concerned about radio frequency (RF) emissions from wireless facilities.  The City will require compliance with federal RF emission standards, but may not impose more restrictive standards.

On Friday, January 19, 2018 the City received an email from Verizon's legal counsel with comments on the proposed  ordinance, license, standard terms and conditions, and design standards.  City staff has reviewed those comments and responded to Verizon.  Updated documents are included in this packet for the February 6 meeting.