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Sep 15 04 0S:21p Sweeney 6512235289 p.3 <br />Patrick J. Sweeney <br />September 14, 2004 <br />Page 2 <br />Xcel Energy remains willing to work with the City to design a screening plan that will <br />minimize the visual impact of the trucks. It will do so in spite of the fact that the Substation is <br />located in a largely industrial area, and in spite of the fact that the City appears to permit adjacent <br />landowners to park vehicles and trucks on similar land. Xcel Energy still believes that it would <br />be better to work out a solution than to litigate this matter. <br />If the matter cannot he resolved, however, Xcel Energy will have no choice but to <br />enforce its rights. If the matter is litigated the City will have the burden of proof. I will call <br />witnesses who will have first hand knowledge regarding the substation. Xcel Energy will <br />demonstrate that" it has parked tree trimming trucks at the Substation since before 1964. In <br />addition, it will also be undisputed that the City waited over 35 years to even raise an issue <br />regarding the matter. <br />After you have had an opportunity to review this letter, please give me a call. If we are <br />not able to reach a resolution regarding this matter by September 24, Xcel Energy will take the <br />steps necessary to enforce its rights. <br />SJQ:jIb:2964458 <br />Very truly yours, <br />even .r. Qu<un <br />Attorney at Law <br />Direct Dial: 612,492.71 83 <br />Email: squam(iifiedlaw.com <br />- 4 2 - <br />