Minutes - 1999/09/13 - Laserfiche WebLink

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Mounds View City Council September 13, 1999 Regular Meeting Page 15 underground their services. He explained that the adoption of Ordinance 635 would provide the . City the authority to require undergrounding, however, the City would not be obligated to do so. City Attorney stated Item lOC, Ordinance 640, was an ordinance amending Title 900 in different areas, to make it consistent with the other two proposed ordinances, and is basically an housekeeping item, once the first two ordinances are adopted. There was no public input. Mayor Coughlin closed the Public Hearings for Items 10 A, and 10 A-1, at 8.13 p.m. Council Member Marty stated he was under the impression they had desired to include stronger language in Ordinance 630, Chapter 910, however, the only place he had seen this reflected was on Page 18, Section 910.30, which indicates "to enforce the general ordinances necessary to protect the health, safety and welfare of the public." He inquired if this language should be more specific and firm. City Attorney Long advised that the general language is to the City's advantage, as the language pertaining to the protection of health, safety, and welfare of the public is accompanied by a history of case law regarding cities having police and regulatory powers when they are acting in this capacity. He explained that in this context, if they were exercising the police powers to protect the health, safety and welfare of the public, to prevent someone from digging underground, they would be acting within their broadest range of powers. He explained by • leaving the language general, they would actually have broader powers than if they were to make the language more specific, from a legal standpoint. MOTION/SECOND: Stigney/Thomason. To Approve the Second Reading and Adopt Ordinance 635, an Ordinance to Enact a New Chapter of the Mounds View Code of Ordinances to Administer and Regulate the Location, Relocation, Installation and Reinstallation of Facilities in the Public Right-of--Way in the Public Interest. 1. Roll Call: Coughlin, Marty, Stigney, and Thomason. Not Present: Quick 2. Vote Ayes - 4 Nays - 0 Motion carried. A.1. Continuation of the Public Hearing and Second Reading of Ordinance 630, an Ordinance to Enact a New Chapter of the Mounds View Code of Ordinances to Administer and Regulate the Public Right-of--Way in the Public Interest and to Provide for the Issuance and Regulation of Right-of- Way Permits. City Attorney Long stated this is the general right-of--way management ordinance that creates a new Chapter 910, which sets forth the new frame work for managing the rights-of--way, both in terms of when they can be restricted, and in terms of recovering costs for the degradation of streets.