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Mounds View City Council September 22, 2003 <br />Regular Meeting Page 11 <br /> <br />Council Member Stigney indicated there is a 20-year term on the basic franchise and asked 1 <br />whether the City is committed to the terms of the franchise for the life of the franchise. 2 <br /> 3 <br />City Attorney Riggs indicated the City is committed to the terms but there is the ability of the 4 <br />City to request a change. 5 <br /> 6 <br />Council Member Quick indicated that he was told by Xcel that the Public Utilities Commission 7 <br />provides the contractor a blanket authority to come onto his property without permission and 8 <br />asked the City Attorney whether that is legal. 9 <br /> 10 <br />City Attorney Riggs indicated that it would depend upon the type of easement granted for that 11 <br />purpose. He then said that there is no blanket authority to do something that is inconsistent with 12 <br />the easement authority. 13 <br /> 14 <br />There was consent to have the City Attorney review the franchise. 15 <br /> 16 <br />Finance Director Hansen indicated that he was not sure but thought there was a provision that the 17 <br />franchise can only be changed once per year and recommended postponing approval of the 18 <br />ordinances to allow time to review the franchise. 19 <br /> 20 <br />MOTION/SECOND: Quick/Marty. To Postpone Ordinances 718 and 719 to the Next Council 21 <br />Meeting. 22 <br /> 23 <br /> Ayes – 5 Nays – 0 Motion carried. 24 <br /> 25 <br />E. Second Reading and Adoption of Ordinance 719, Implementing a Franchise 26 <br />Fee on Reliant Energy Natural Gas Operations within the City of Mounds 27 <br />View for the Year 2004 28 <br /> 29 <br />This item was postponed to the next meeting. 30 <br /> 31 <br />F. Public Hearing, First Reading and Introduction of Proposed Ordinance 720, 32 <br />an Ordinance to Comprehensively Rezone Parcels Zoned Public Facilities 33 <br />(PF) 34 <br /> 35 <br />Mayor Linke opened the public hearing at 8:34 p.m. 36 <br /> 37 <br />Community Development Director Ericson indicated that this proposed ordinance would rezone 38 <br />all of the City owned parcels. He then explained that this was brought to the attention of the City 39 <br />by the City Attorney following a recent Supreme Court decision that found the City’s zoning of 40 <br />City-owned property to be inconsistent with conventional zoning practices. 41 <br /> 42 <br />Mayor Linke indicated he did not agree with that decision but this is what has been 43 <br />recommended by the City’s legal counsel. 44 <br /> 45