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MINUTES <br />CITY COUNCIL <br />FEBRUARY I1, 2004 <br />The foregoing resolution was duly seconded by Anderson. <br />Ayes (4) Montour, Anderson, LaValle, Fahey. <br />Nays (0). Resolution declared adopted. <br />XCEL The City Administrator reported that given Xcel's Energy request for <br />ENERGY a Conditional Use Permit for outdoor storage of vehicles and equipment at <br />their substation site on Rice Street has been denied, the Code Enforcement <br />Officer seat them a letter asking for removal of these vehicles. In <br />response to that letter, Xcel called and informed the Code Enforcement <br />Officer that their legal counsel believes their storage use is grandfathered <br />in and they are preparing their written position on the matter. The <br />Administrator asked for Council direction as to how to handle this matter. <br />Fahey noted that the City Attorney advised the Council that the storage <br />use is not grandfathered in. Fahey stated that his position is that Xcel <br />Energy should be cited and the appropriate legal action should betaken. <br />LaValle suggested that the Sheriff's Department be instructed to issue <br />parking citations. Fahey agreed, and indicated that if the parking were to <br />continue, the next step would be to impound the vehicles. Anderson <br />agreed with citing the vehicles at this point, but pointed out that the <br />vehicles are not owned by Xcel, but rather the tree trimming contractors <br />and their employees. <br />The City Administrator recommended that warning notices be posted on <br />the vehicles before citations are issued to give Xcel and the contractor an <br />opportunity to bring the property into compliance. Council agreed, and <br />indicated that if vehicles are parked on the property on Monday, that <br />citations begin to be issued. <br />The City Attorney indicated that either the Sheriff's Department or Code <br />Enforcement Officer could issue the citations. The City also has the <br />ability to bring civil action. <br />Mr. Fahey introduced the following resolution and moved its adoption: <br />RE.SOI. UTION NO. 2004-2-36 -AUTHORIZING THE CITY <br />ATTORNEYAND TIIE CITYADMINISTRATOR TO TAKE ACTION <br />AS THEY DETERMINE APPROPRIATE TO CITE a'CEl, ENERGY, <br />ITS TREE CONTRACTORS AND THEIR EMPLOYEES FOR <br />ORDINANCE VIOLATIONS AT THE A'CEI. SUBSTATION SITE IN <br />LITTLF. CANADA <br />The foregoing resolution was duly seconded by LaValle. <br />Ayes (4) Fahey, LaValle, Anderson, Montour. <br />Nays (0). Resolution declared adopted. <br />10 <br />