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HomeMy WebLinkAboutMay 18, 2000THE MINUTES OF THE TELECOMMUNICATIONS COMMISSION FROM THURSDAY, MAY 18, 2000 The meeting was called to order at 7:03 p.m. by Dennis Stroik, Chairperson. ROLL CALL: Commission Members: Council Liaison: City Representative: Legal Counsel: Dennis Stroik, Dan Swee, Bradley Peterson, Reuben Ruen, and Bob Buboltz Julienne Wyckoff Jean Kuehn Steve Guzzetta APPROVAL OF MINUTES Motion by Bob Buboltz , seconded by Brad Peterson, to approve the minutes from the meeting of April 20, 2000. All ayes. OLD BUSINESS A. Channel Check It was noted that channels 13 & 60 take a while to come in. 2. Correspondence Log and Complaint Follow Up. No formal complaints were received. Jean took one complaint that was not forwarded to MediaOne. The person lodging the complaint said that the programming on Channel 23 (WGN) did not match the televised programming guide on Channel 7. C. Website Update Jean reported the Web Page will be up and running on Friday, May 19th. 4. Other Old Business There was no other old business. NEW BUSINESS A. Annual Notification Brochures Copies of the brochures were enclosed in the agenda packets for the commission members to review. These annual brochures are required by our franchise and the FCC. It was noted that Universal Service was not addressed in this brochure. TELECOMMUNICATIONS COMMISSION MINUTES FROM MEETING OF MAY 18, 2000 PAGE 2 B Draft Zoning Ordinance Regarding Telecommunication Towers/Antennas This ordinance is being drafted to provide for the installation of telecommunication towers and antennae in a manner that balances the need for such facilities with the potential adverse impacts on public health, safety, and welfare. The provisions of this section are intended to encourage the co-location of facilities in order to minimize the number of towers needed to serve the community. Jean explained that while this is really a zoning issue to be addressed by the Planning and Zoning Commission, the City is seeking input on any technical issues that should be included, or changed in the Ordinance. Reuben stated that he would like to Table Part 3 (Private Antennae and Towers) until he has time to check with others in the area, especially the ham radio operators. He claims there are about 75 ham operators in the area that could be affected by this. He also feels the "shall not exceed 60 feet height" mentioned in the ordinance is too restrictive. He thinks 75 ft would be better. The need for a clear signal, above the tree line, is imperative. Reuben would like to see ham operators excluded from the moratorium and from the requirements listed in the Draft Ordinance. The commission members also felt that maybe the restrictions for commercial and private residential towers, antennaes, or dishes need to be separate issues. Steve Guzzetta, our legal counsel, also cautioned that there are already regulations established by the FCC and PUC that address such issues, and that the city may be limited as to what they can actually enforce. There are many regulations regarding ham operators that prohibit cities from denying them access to operate. Steve warned against rushing through this and passing something that could potentially lead to a lawsuit. He felt a clear definition of the terms antennae, towers, and dishes needed to be established. He thinks someone with more knowledge in this subject area should be reviewing or writing this ordinance. Dan Swee also had a concern with Section 4.e. restricting the size to 200 sq. ft. He felt that should be increased slightly. After further discussion, the commission made the following motions: Motion by Bob, seconded by Brad to recommend the City obtain legal counsel knowledgeable in the telecommunications field, and the regulations already in place, to help us write an ordinance that would provide guidance or address additional installations of towers, antennae& and dishes. All ayes. Motion by Rueben, seconded by Dan Swee to recommend the extension of the moratorium for a period of at least 60 days for commercial installations of towers, antennae& or dishes. All ayes. Assign Members to Access Channels It was decided that the access channel reports would be assigned as follows: Educational-Dennis Stroik Library: Bob Buboltz Government-Ken Henke Public-Reuben Ruen It was also decided that since Religious Access is sharing space, that an assignment need not be made at this time. 2001 Budget Preparation Jean reported that preparations for the 2001 Budget are underway. If any of the commission members have items they would like to include, please contact Jean by May 26th, so they might be included in the process. The Commission Members felt one week's notice was insufficient time to be able to give this the type of attention it deserves. Next year they would like a month to assess what upgrades or equipment might be needed throughout the following year. TELECOMMUNICATIONS COMMISSION MINUTES FROM MEETING OF MAY 18, 2000 PAGE 3 MACTA Summer Seminar The notice for the MACTA Summer Seminar being held at Arrowwood Resort in mid July was enclosed in the agenda packets. Anyone interested in attending should notify Shelley by Tuesday, May BOth. Steve Guzzetta said that Day 2 of the seminar is especially important, as it will address all the issues that will be brought to the legislature in the next session. Reuben may be interested in attending. Shelley will check to see if the cost of the rooms are also covered and report back to him. Other New Business We received a letter asking for another extension to complete the annual subscriber survey. As stated in the letter, MediaOne is mailing out the surveys instead of doing them online as previously discussed. Because of the time needed to mail them, and to tabulate the results, they are asking that the deadline be extended until the July meeting. Motion by Dennis, seconded by Reuben to approve the extension to duly. All ayes. REPORTS Report of Commissioners No reports. Re-assigning the commission members to the access channels was addressed earlier in the meeting. Report of MediaOne- Kathi was not available for this meeting. Report of the Cable Attorney *Steve reported that he had sent the City a Trade Secret Policy, and that Linda will review it to see if it can be incorporated into the Data Practices Policy we presently have in place. *A Right of Way case out east has been overturned by the Court of Appeals, but would have little effect on Minnesota cases. *Metricom has contacted Linda and expressed their dissatisfaction about not being notified of the council meeting whereby the terms of an agreement between Metricom and the City were discussed. It seems the "Unilateral Negotiations", as Metricom called them, are not acceptable to them. They do not agree to abide by the same terms as their agreement with Minneapolis, which is what our City Council approved. Report of the Assistant to the City Manager/Special Projects Coordinator Jean reported that school district and city personnel cooperated in a joint project that involved the re- enactment of an auto accident involving alcohol that resulted in two deaths. The Police, Fire, School District Personnel, and students all participated in this venture to warn students to make good choices, and to make them aware of how some things that happen in life can have a long lasting affect on many lives. Jean taped the incident and it is running on Channel 16. Motion by Bob Buboltz , seconded by Reuben Ruen, to adjourn the meeting at 8:16 pm. All ayes. Shelley Hanson, Secretary