Agenda Packets - 1999/07/12 - Laserfiche WebLink

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UNAPPROVED MOTION/SECOND: Marty/Stigney. To Adopt Ordinance 625, an Ordinance Granting Reliant Energy Minnegasco, a Natural Gas Utility, a Division of Reliant Resources Corporation, a Delaware Corporation, Its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to Use the Public Ways and Public Ground of the City of Mounds View, Minnesota for such Purposes; and Prescribing Certain Terms and Conditions Thereof, to Include the Addition of the City Owned Property Receiving Service From Reliant Energy Minnegasco. Ayes — 3 Nays — 1 (Coughlin) Motion carried. Mayor Coughlin stated that he would move to amend the motion to adopt Ordinance 625, to include the Realife Cooperative to the List on Exhibit A, Description of Customer Accounts, on this limited Franchise Agreement. MOTION/SECOND: Coughlin/Thomason. To Adopt Ordinance 625, an Ordinance Granting Reliant Energy Minnegasco, a Natural Utility, a Division of Reliant Resources Corporation, a Delaware Corporation, Its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to Use the Public Ways and Public Ground of the City of Mounds View, Minnesota for such Purposes; Prescribing Certain Terms and Conditions Thereof, with Additions and as Amended. Ayes — 2 Nays — 2 (Stigney, Marty) Motion failed. D. First Reading of Ordinance 633, an Ordinance Implementing a Moratorium on Additional Franchise Agreements Mayor Coughlin opened the Public Hearing at 8:30 p.m. City Attorney Long stated that this ordinance was the result of discussion which had taken place at the Council's Work Session. He stated that it provided for an interim ordinance, or moratorium, which granted new franchise ordinances or an extension of an ordinance, as in the case of Reliant Energy Minnegasco. He stated that the moratorium could specify a date, or run until the final adoption of an amended ordinance to regulate rights-of-way. He stated that it had been the consensus of the Council to have this moratorium in place until the rights-of-way ordinance was adopted and implemented. He noted that moratoriums are routinely upheld in relation to land use issues, and there is a relative land use in terms of rights-of-way excavations. He stated that they could extend a time period for up to one year, by statute, and he believed that any lesser time period would certainly be upheld. He stated that he had not heard of this type of moratorium being utilized in conjunction with a franchise issue, but it was possible through the land use authorization in Minnesota Statutes. City Attorney Long stated that the Council has the Second Reading of the rights-of-way ordinance before them at the present meeting and he would recommend laying the item over, as it would probably require amendments. He stated that a right-of-way ordinance could be adopted within thirty to sixty days. He noted, however, that implementation of the ordinance may require a longer period of time. Mayor Coughlin closed the Public Hearing at 8:34 p.m. 12 CAADMIN\MINUTES\CC\6-28-99.CC