05-14-97 Council Minutes - Laserfiche WebLink

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MINUT~S CITY COUNCIL MAY 14, 1997 Fa6ey 2greed that the concern was in seYting a precedent for the next request that comes before the Council. There was some discussion about the coordinltion of utility placement within the rights-of-way given that common trenchin~ does not occur. Fahey pointed out that the Brooks-FiUer agreement was approved by the Council based on the agreement to bury all lines. The City Administrator suggested that if the Council is not inclined to vary from the agreement, it should deny the request for overhead placement. The Administrator stated that given the comments of Dennis Carson this evening, he would modify his recommendation 1nd support the agreement as approved. Fal~ey pointed out thaY Brooks-Fiber will not be providin~ a benefit to the eutire community. Mrs. Scalze introd~icetl the following resolution and moved its adoption: RF,.SOl, UTION N0. 97-5-II S- I)ENYING THE 13ROOKS-FIBER RE~UEST FOR AIITI~ORITY FOR OVERFIEAD LN.ST,9LI,ATION OF THEIR FIBER IN AREAS` WHERE THERE ARE EXISTING O vERFlEAD INST~I7,LA %ION.S 13A.SEU ON THE COMMENT.S MADE TFIIS E vENZNG The fore,~oing resolution was duly secouded by Fahey. Ayes (4) Scalze, Fahey, Pedersen, LaValle. Nays (0). Resolution declared adopted. LAWP'UL The City Administrator reviewed his report dated May 8, 1997 regarding PURPOSG lawf'uI purpose expenditures as well as his recommendation for resolving the concern raised by the Gambling Control Board. The Administrator pointed out thaC in }~uttin; together l~is recommendation he took a conservative approach in identifying lawFul pur~ose expenditures that are tied directly to yo~ith activities. The City Attorney reported that his office has listened to the tapes of the 1990 sub-committee and committee meetings wl~ere the issue of lawful purpose was discussed. During these meetin~s this particular issue was not really considered. The Attorney felt the City AdministraTOr's recommendation was a good one and he would support it fi•om his legal analysis. Mrs. Scalze introduced the following resolution and moved its adoption: