TO: Mayor Collins and Town Council Members
FROM: Kevin Burke, Town Manager
Andrew Miller, Town Attorney
DATE: February 2, 2018
DEPARTMENT: Town Manager
Staff Contact Kevin Burke, Town Manager 480.348.3690
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AGENDA TITLE:
Title
Adoption of Ordinance Number 2018-01: Amending Town Code Section 2-5-2 Regarding Small Wireless Service Facilities Located in the Rights-of-Way
Body
Town Value(s):
? Primarily one-acre, residential community
? Limited government
? Creating a sense of community
? Partnerships with existing schools and resorts to enhance recreational opportunities
? Improving aesthetics/creating a brand
? Preserving natural open space
Paradise Valley is primarily a one-acre residential community. Enabling cell service while preserving that residential feel is a core value of the Town.
Council Goals or Statutory Requirements:
Responsiveness to Residents - Identify and consider resident concerns in a timely manner and seek solutions to the best of the Town's ability. Cell Service
RECOMMENDATION:
Adopt Ordinance Number 2018-01.
SUMMARY STATEMENT:
In 2017, the Arizona State Legislature adopted a new statute governing the placement of small cell antenna facilities in public rights-of-ways (ROW). The Town heavily lobbied against this bill from inception right up until final adoption. At final adoption the Town gained concessions that made the statute workable within Town values. Council, Planning Commission and staff worked diligently from adoption until the effective date in early August to revise the Town's ordinance governing these facilities. This process included seven different public meetings. Unfortunately, industry lobbyists and attorneys (excluding Cox) did not participate until the final public meeting. At which time they expressed numerous concerns about the Town's ordinance and asserted that it was not compliant with the new State Statute. Staff fervently disagrees, but acknowledges some changes that are inc...
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