The URL can be used to link to this page

Home My WebLink About05/19/1997CITY COUNCIL WORK SESSION May 19, 1997 5:30 p.m. Large Conference Room Members present: Mayor Rooff, Jordan, Anders, Collier, Murphy, Mollenhoff. Members absent: Getty, Krizek. Moved by Jordan, seconded by Mollenhoff to approve the agenda as proposed. Ayes: Four. Absent: Collier, Getty, Krizek. Motion carried. City Attorney James Walsh had distributed a proposed right-of-way ordinance which addresses the private use of city right-of-way. These issues are being discussed in many communities and the League of Cities has provided some proposed regulations to cities on this issue. There are three areas of significance in regulating the use of city right of way . The city needs to determine what types of access is allowed, what manner the access is allowed in and the cost associated with allowing access to city right of way. The use of right of way is connected to the cable franchise agreement so the city needs to treat all users fairly in the costs associated with the access. Some companies use of the right of way is grandfathered in because of their past access. If the city enacts no regulations dealing with the use and allows permits indiscriminately, then the result would be cherry picking for certain industries. Cherry picking means that the companies would be allowed to gain access to provide service to major clients but withhold service to individuals who would not provide a high level of profit in their service. Companies have made requests of the City Engineer for permits to use the city right of way. The city needs to address the issue before the engineer proceeds with issuing any more permits. The city could enact the ordinance immediately, issue permits on an interim basis with the understanding that any regulations would be retroactive or impose a moratorium on issuing permits until an ordinance is enacted. Jordan asked what the majority of other cities are doing with the issue. Walsh stated that there is a little of all three going on, some regulations are established and some cities have issued moratoriums. Anders asked how the regulations would impact TCI on installing fiber? Walsh reported that currently there are opportunities for outside companies to use the right of way to install fiber to businesses but no one is interested in providing residential access. Anders stated that he is reluctant to proceed with issuing permits without adequate information on what is being developed and who is allowed access. Anders is in favor of a moratorium on issuing permits. Mayor Rooff commented that he feels it is critical that the installation of any fiber communication should be planned to coordinate access to all residences and businesses. He states that the companies interested in installing fiber need to come to the table to discuss the ability to plan for long term access for the entire city. Anders agreed that use of the easement needs to be tied up like TCI's franchise agreement to make sure that access is available to all citizens. Jordan supports the sentiment to step back and investigate the issue without issuing permits during the investigation period. Murphy stated his support of a moratorium also. Todd Anderson with McCleod addressed the committee regarding his request for two permits that McCleod currently has placed with the City Engineer. McCleod is not a 'pap Aid umw2um3 umsnS •pagna uoil)NI •Alan `xazp}I :luasgy •ani3 :saLv •u•d 01:9 w 2uilaaw ayl wnofpt of siapuy Aq papuooas `uuplor Aq panow sum 1! `uo!ssnOstp .iaypn; ou mlim •JIaOM 1x011 UO 110!102 a3ltl of Itaunoo 043 Jo; uollow g awlnuuo; of CIlgnp!mpu! Itounoa alp jo s.iogwaw pug ,Cawolly Aid 041 yllm Jamul amt matnaJ 03 axil pinom ay w43 pawls;;oog JoL2JN •ssaoold 2143 jo asmmd Jaw! g ui aq pinom sauiunwwoO Ignpinipu! u! sdool ami 2usojo lug apimawls aml0wls21;ui Jo[gw ;Iuiplmq;o ssa3OJd 043 u! s! pooj3oJI Imp pawls uoslapuy •S03Rn1as JO 11092331dnp 3noyl[m 880332 Jag!; Jo; ugld anal 8uol g awaJO pug ssnosip of 2upaaw m pualw kVA JO 342p s,C1i0 ayy;o 810811 Jaya) pug poal3ON 1241 palsy ;;oog JO C2IVI •urd 00:9 32 3uasaid moa JaillOJ •1auu2w 03111 m u! pa3Jmgo aq pinoms Isom Srl 32431110 paluiod inq alg23inba pug 112; s! 3241 311awssa882 ow 2 jo suoilipuo0 alp Japun sliwlad anss! Ala alp palsa2dns aH •1103822 o3 un)I iii wag dool 2 880002 0l JapinoJd aOuglsip 8uol g 101 s! pwlad Jamlo 0141 pug uo!TOauuoo N3I ,810O4oS'I !H IsoM put ls2g 0011012M 10; Jagi;;o uo1321123su! molls o1 s! sliwJad alp Jo auo wig pauigldxa aH 'pasn s! wa3siis 1123 aup ay3 s2 2uoi s2 Alp ayl 03 woo ou w sluawanoJdw! oignd 112 Jo; soul anow o3 pannbai s! IDN 1241 papuodsai uoslapuy •a0in1as pup aup ami u! papnloui aq of sang 041112 To; paau ami pug 3uawas20 alp u! pomp] 8uiaq 80m!1;o Jagwnu alp y1im pawaouoo s! a0t;;o sly 1241 pawls 11081048 Dug 1001118112 Alp •oopawM ui dool 2 a3aldwo0 mom palsanbai spiwad alp jo auo pug as2q ap!ma323s 2 2u!pino1d uo 8uppom oil ANL •s1l0tI J2pa3 put oopawM olu! saum s,poal3olnl Jo; uuid 1a3s2W 2 Lust 01323 amp 3uaun0 amp 3y •02u 8120L ma; 2 p!p £13snpui 1231131 oap!A amp 32141 sJapino1d a0!nlas jo 3111$ aims 0143 aauauadxa Him £I3snpu! suo1320!ununuo0aiai a43 3243 soasalo; uoslapuy •luawlsanu! 3sagmws 014110;1awolsn0 3sa22 q alp 3321123 no,( a13mm oS of 8214 iCugdwoo s!H •soui1 suo920iunwwo0alal 311011113 30 330 ppnq 104121 wnq Jan) 31238 put 111 awo0 o3 800120801 aml sum Au2dwoo oN •8011!1 uoi320!unwwo0 l2iluapis31 10; saw! Isom Srl 381101 £128830011 si 1! `Suoiw3iunwwo0a1a1 uI •saOuapisaJ of 80811 IguopuaIOaJ Jo; Tim Tagg 2 ppnq Lupinom pug 1apiAOJd suopg0wnwwo3al33 2 012 Logj •a3u21su! sup u! Aiddm Alma! Lusaop 3uawaaJS2 aswougJ; amp os Cugdwoa alquo CITY COUNCIL WORK SESSION May 19, 1997 6:40 p.m. Police Library Members present: Mayor Rooff, Jordan, Anders, Collier, Murphy, Mollenhoff. Members absent: Getty, Krizek. Moved by Jordan, seconded by Collier to approve the agenda as proposed. Ayes: Four. Absent: Mollenhoff, Getty, Krizek. Motion carried. Mollenhoff now present at 6:45 p.m. Mayor Rooff asked the council to review the assignment of priorities with city staff before the work session which is scheduled for May 27th• The city clerk was asked to distribute copies of the goals and table talk issues again. The status of the request for stop signs at Hawthorne and Forest was discussed with city staff. Staff has reviewed and documented the intersection and will be recommending approval of the installation of stop signs at this intersection because of limited visibility. With no further discussion, it was moved by Jordan, seconded by Anders to adjourn the meeting at 6:59 p.m. Ayes: Five. Absent: Getty, Krizek. Motion carried. Susan Fangman City Clerk