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07-26-1999
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07-26-1999
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Certificate of Insurance, incorporating indemnity, requiring Certificates of Authority to do business, <br />• relocation from one side of the right-of--way to another and some of the language as relates to the <br />rules, in consideration of conforming the language to the rules and statutes. He added that he <br />believed there would be a fair amount of review of these issues in the future, and the possibility of <br />litigation in this regard, and that they were attempting to avoid that as much as possible with the <br />ordinance. <br />Mayor Coughlin stated that one of Northern States Power's questions was in regard to the <br />requirement of underground, and inquired if there was further information in that regard. Attorney <br />Strummond stated that they had discussed the matter, and were not in agreement. He explained that <br />he felt the City has the authority, either by statute or a separate ordinance, to require undergrounding <br />to the extent they feel appropriate. He stated, after a recent court appeals case, the law is clear that <br />the City has the authority to require undergrounding and the City need not pay the additional cost, <br />which must be recovered by NSP and the rate bearers. He stated that he believed the Council had <br />reviewed a separate ordinance that would clarify the undergrounding rights, as the City would like <br />to exercise them. <br />Council Member Stigney stated the attorneys and representatives of Reliant Energy Minnegasco and <br />Northern States Power had indicated that they had numerous questions and concerns regarding the <br />issues at the prior meeting. He stated that they should have sufficient time to address these issues. <br />Attorney Strummond explained that there was more than sufficient due process allowed in this <br />matter, and in his opinion, complete agreement in regard to the issues of the ordinance would be <br />unlikely. He stated that they would recommend the strongest possible right-of--way ordinance for <br />the City, without unnecessarily extending beyond its authority. <br />City Attorney Long stated that Attorney Strummond would take the lead, and they would have the <br />amended version of the ordinance for hearing at the next Council Work Session on August 2. He <br />added that, if the Council had any policy direction concerning the issues, it could be addressed at that <br />point. <br />Mayor Coughlin stated that it was the consensus of the Council to continue the matter until the <br />August 2, 1999 City Council Work Session. <br />G. Review of TIF Parcel Decertification. <br />Mayor Coughlin stated this item was discussed at the previous Council Retreat, and at that time, <br />Council Member Marty had requested that the matter be postponed until the August 2, 1999 City <br />Council Work Session. <br />MOTION/SECOND: Quick/Coughlin. To Table the Discussion Until the August 2, 1999 Council <br />Work Session. <br />Ayes -4 Nays - 0 Motion carried. <br />i H. Review of Charter Commission correction. <br />14N:\DATA\USERSVOANB\SHARE\MINUTES\CC\ 1999\07-26-99.MIN <br />
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