Agenda Packets - 1999/08/09 - Laserfiche WebLink

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Attorney for Northern States Power,who provided additional comments regarding the right-of-way Ordinance, and that he had also received a comment from Reliant Energy Minnegasco. He stated he had spoken to Tom Gruenhoffer from the League of Minnesota Cities regarding those issues. He explained that,in light of the late date he was able to meet with Attorney Bagley, and that the matter was not being considered for adoption at this time, he would expect to make minor changes to the ordinance prior to approval by Council at a later date. He stated that he was available to provide information regarding any aspect of the right-of-way Ordinance that the Council may have. City Administrator Whiting explained that the Council had thought Attorney Strummond would be providing copies of the final draft of the ordinance for their review. City Attorney Long stated that the Council might continue the second reading of the matter until the August second Work Session, to incorporate the comments of Northern States Power and Reliant Energy Minnegasco, and outline any potential changes to the ordinance. Attorney Strummond noted that this was a very involved and comprehensive right-of-way ordinance, with a number of important issues to address at this time, and that he thought this could be accomplished by that date. He stated that the issues relate to Certificate of Insurance, incorporating indemnity, requiring Certificates of Authority to do business,relocation from one side of the right-of-way to another and some of the language as relates to the rules, in consideration of conforming the language to the rules and statutes. He added that he believed there would be a fair amount of review of these issues in the future, and the possibility of litigation in this regard, and that they were attempting to avoid that as much as possible with the ordinance. Mayor Coughlin stated that one of Northern States Power's questions was in regard to the requirement of underground, and inquired if there was further information in that regard. Attorney Strummond stated that they had discussed the matter, and were not in agreement. He explained that he felt the City has the authority, either by statute or a separate ordinance,to require undergrounding to the extent they feel appropriate. He stated, after a recent court appeals case,the law is clear that the City has the authority to require undergrounding and the City need not pay the additional cost, which must be recovered by NSP and the rate bearers. He stated that he believed the Council had reviewed a separate ordinance that would clarify the undergrounding rights, as the City would like to exercise them. Council Member Stigney stated the attorneys and representatives of Reliant Energy Minnegasco and Northern States Power had indicated that they had numerous questions and concerns regarding the issues at the prior meeting. He stated that they should have sufficient time to address these issues. Attorney Strummond explained that there was more than sufficient due process allowed in this matter, and in his opinion, complete agreement in regard to the issues of the ordinance would be unlikely. He stated that they would recommend the strongest possible right-of-way ordinance for the City,without unnecessarily extending beyond its authority. City Attorney Long stated that Attorney Strummond would take the lead, and they would have the amended version of the ordinance for hearing at the next Council Work Session on August 2. He added that,if the Council had any policy direction concerning the issues,it could be addressed at that point. 14C:\ADMIN\MINUTES\CC\072699CC.MIN