07052005 Regular Meeting - Laserfiche WebLink

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69. Regular Meeting July 5, 2005 Page 10 Staff present against the prospective bidders. The Council agreed by consensus to bring back this discussion at the next meeting. Mayor Narvaiz introduced a discussion regarding Utility Franchise Agreements as they relate to tree trimming, utility boxes and pole attachments. Mr. O'Leary stated this discussion includes three different topics. He stated the first discussion is regarding an update on the Pole Attachments. Mr. Mark Taylor provided the Council with a memo regarding the City's agreement for attachments to utility poles. Mr. Mihalkanin inquired whether Council will need to vote on the agreement with Century Tel. Mr. Mark Taylor stated the Council will need to vote on the Century Tel agreement. Mr. Bose inquired why two entities do not have an agreement. Mr. Mark Taylor stated the other two entities are currently negotiating their agreements. He also stated Century Tel wanted a Joint Agreement, since the City has attachments on their poles and CenturyTel has attachments on City poles. He stated this agreement is being separated into two agreements. Mr. Mihalkanin stated he is concerned with the different Pole Attachment Agreements being renewed at different times. He also inquired whether CenturyTel and Time Warner's Agreements are going to be retroactive. Mr. Mark Taylor stated the Agreements will be retroactive if the entities agree to it. Mr. O'Leary stated the second discussion is regarding to Utility Boxes. He stated Time Warner wants to put in Utility Boxes, but the Land Development Code requires the boxes be screened. He stated Time Warner is claiming a hardship and wants a variance. Mr. Thomaides stated he feels there should be some type of screen for the boxes. Mr. Guerrero stated he agrees with Mr. Thomaides. Mr. Mihalkanin stated he is concerned with landscaping being used as a screen because of the upkeep and the distance to the street. He stated he has seen a product where there is a cover which fits over the utility box. Mayor Narvaiz stated she does not want to hold up Time Warner's ability to provide service new to customers. She stated these companies are not landscapers and is concerned with the LDC lack of clarity on this item. Mr. O'Leary stated Staff can give a permit to Time Warner with the agreement that Time Warner will need to comply with the screening requirement. Mr. Mihalkanin inquired whether there is a temporary variance Time Warner could apply for. Mr. Mark Taylor stated there is a variance, but usually they are granted for extraordinary circumstances. Mr. Thomaides stated he feels Time Warner should look for other screening options. Donna Hill, Time Warner, described the utility boxes. She also stated landscaping is not allowed in right-of-way. Mayor Narvaiz suggested the Council allow Time Warner to proceed with the permit process, while the Council reviews the screening requirements. She stated if the Council chooses not to amend the requirements as provided, then Time Warner will need to comply with the requirements. She also stated this will allow Time Warner to service new customers. The Council agreed to allow Time Warner to have a permit and to review the screening issues. The Council also agreed by consensus to come up with screening alternatives within 60 days. Mr. O'Leary stated the