Title
Approval of Ordinance Granting a Master Use Permit for Astound Broadband, LLC
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to approve on second reading the Ordinance granting a Master Use Permit for Astound Broadband, LLC.
Report
Issue:
Whether the City Council should adopt the Ordinance granting Astound Broadband, LLC a Master User Permit to install fiber optic lines in the City of Olympia.
Staff Contact:
Fran Eide, P.E, City Engineer, Public Works Engineering, 360.753.8422
Presenter(s):
None. Consent Calendar item.
Background and Analysis:
The background and analysis have not changed from first to second reading.
RCW 35.99.030 provides the statutory basis for the process by which the City can grant a Master Use Permit. The attached Olympia Municipal Code provision provides the specific legal criteria upon which the City may approve or deny the master use permit. The proposed Ordinance is based upon the staff's analysis of the applicable criteria which was presented prior to the public hearing, held on July 8, 2014.
State law requires prompt review of the permit unless additional review time is agreed to by the applicant.
Fees and Taxes.
State law only authorizes fees that are directly related to receiving and approving the permit, to inspecting plans and construction activity, or to the preparation of a detailed statement pursuant to SEPA. The City cannot require additional conduit or fiber for City purposes as a condition of the master use permit. The City and an applicant could negotiate for fiber or conduit for the benefit of the City. However, such negotiations would need to be free and voluntary, with mutual agreement between the parties. Staff does not see a legal basis for a delay of a master use permit for these types of negotiations.
RCW 35.21.860 prohibits franchise fees on this proposed use, in contrast to cable franchise fees, w...
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