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MINUTES <br />CIA Y COUNCIL <br />MAY 14, 1997 <br />Fahey agreed that the concern was in setting a precedent for the next <br />request that comes before the Council. There was some discussion about <br />the coordination of utility placement within the rights -of -way given that <br />common trenching does not occur. <br />Fahey pointed out that the Brooks -Fiber agreement was approved by the <br />Council based on the agreement to bury all lines. The City Administrator <br />suggested that if the Council is not inclined to vary from the agreement, it <br />should deny the request for overhead placement. The Administrator stated <br />that given the comments of Dennis Canon this evening, he would modify <br />his recommendation and support the agreement as approved. <br />Fahey pointed out that Brooks -Fiber will not be providing a benefit to the <br />entire community. <br />Mrs. Scalze introduced the following resolution and moved its adoption: <br />RESOLUTION NO. 97 -5 -115 —DENYING THE BROOKS -FIBER <br />REQUEST FOR AUTHORITY FOR OVERHEAD INSTALLATION <br />OF THEIR FIBER IN AREAS WHERE THERE ARE EXISTING <br />OVERHEAD INSTALLATIONS BASED ON THE COMMENTS <br />MADE THIS EVENING <br />The foregoing resolution was duly seconded by Fahey. <br />Ayes (4) Scalze, Fahey, Pedersen, LaValle. <br />Nays (0). Resolution declared adopted. <br />LAWFUL The City Administrator reviewed his report dated May 8, 1997 regarding <br />PURPOSE lawful purpose expenditures as well as his recommendation for resolving <br />the concern raised by the Gambling Control Board. The Administrator <br />pointed out that in putting together his recommendation he took a <br />conservative approach in identifying lawful purpose expenditures that are <br />tied directly to youth activities. <br />The City Attorney reported that his office has listened to the tapes of the <br />1990 sub - committee and committee meetings where the issue of lawful <br />purpose was discussed. During these meetings this particular issue was <br />not really considered. The Attorney felt the City Administrator's <br />recommendation was a good one and he would support it from his legal <br />analysis. <br />Mrs. Scalze introduced the following resolution and moved its adoption: <br />Page 15 <br />