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c 4 O 9'W Cea/C6 <br />515 Little Canada Road, Little Canada, MN 55117 -1600 <br />(612) 484 -2177 / FAX: (612) 484 -4538 <br />July 19, 1996 <br />TO: Mayor Fahey and Members of the City Council <br />FROM: Kathy Glanzer, Administrative Assistant <br />RE: Rights -Of -Way Task Force <br />MAYOR <br />Michael 1. Fahey <br />COUNCIL <br />Beverly Scalze <br />Jim LaValle <br />Steve Moreton <br />Bob Pedersen <br />ADMINISTRATOR <br />Joel R. Hanson <br />Attached is a letter from the League of Minnesota Cities <br />requesting the City's voluntary contribution of $685 toward <br />League efforts in implementing a work program to counter U.S. <br />West's challenge to local management of the public rights -of -way. <br />The League Board of Directors appointed a Rights -of -Way Task <br />Force which developed a work program that involves legal, <br />legislative, and public information strategies to protect cities' <br />role in managing the public right -of -way. Estimated cost for <br />implementation could be as much as $325,000. The League has <br />agreed to allocate $125,000 from its current budget, and is <br />asking member cities to voluntarily allocate $200,000. <br />As you may know, U.S. West's lawsuit against the City of Redwood <br />Falls asking for preemption of local regulation has been <br />dismissed. Still pending, however, is U.S. West's request that <br />the Public Utilities Commission intervene and take control of <br />local rights -of -way. <br />Control of public rights -of -way is a very important issue facing <br />municipalities. As deregulation and competition among <br />telecommunication and utility providers continues, the demand for <br />access to the ground under city streets will increase. If cities <br />are not allowed to manage use of the rights -of -way, streets could <br />be torn up regularly and underground facilities could be come a <br />tangled maze. Local taxpayers may be forced to subsidize private <br />industry through higher taxes required to build and maintain <br />streets. <br />To assist the League in its efforts to protect cities' ability to <br />manage public rights -of -way, I would recommend expenditure of <br />$685 toward implementation of the work plan developed by the <br />League's Rights -of -Way Task Force. <br />Page 79 <br />