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ARDEN HILLS CITY COlil\TIL MEETING MINUTES FEBRUARY 11,2002 8 . Councilmember Rem stated that whatever the process, right now they aTe talking about money the residents would have to pay to go underground. She noted they have situations where they deal with county right of ways. She added whatever they do is going to cost them money in some fOllli or fashion. She stated she has a hard time feeling they should put this on the backs of the Arden Hills' residents. Mayor Probst stated he was concerned about this on several levels. He noted that first this is the wrong way to solve problems. He added the City was not involved in the discussion. He stated this is a bullying technique. lIe noted it is wrong [or Xcel or others to comc in without discussing and say it has already been done. He directed staff to investigate what options they have to pursuing this by either legal action or letters. He stated hc was not sure what the next step would be. . Councilmember Larson stated he did not want the City to pick up the cost. He noted he is not convinced at this point that that is a foregone conclusion. He added when he had talked to a person at the Commerce Department, the contact did not get feel it would necessarily be the City's cost. He stated the contact had indicated that this size linc could be in either category. He noted it was a seven-part tcst. He added the decision tonight is whether they want the line to eontinuc until they know what is at risk. He stated it would give the City Attorney more time to look into these issues. He noted they have 38 poles. Mr. Filla stated the City could ask Xcel to stop, but it probably would not comply. He noted thcrc is no grcat likclihood of injunctive relief. He added they would have to prove the likelihood of Xcel prevailing is good. He stated the major problcm is the overhead cost versus the requested underground cost. lIe noted another major problem would be Xcel would argue it is a county road and not a city road. He add cd it would be different ifthis was happening in a local city street. He stated this discussion is almost after the fact instead of before the fact. He noted the city has not had the chance to negotiate anything other than this option. Councilmember Grant stated he was not intcrested in assessing the city or the ratepayers 5450,000. He asked what the cost would be to remove what had already been put in. Mr. Wertish responded he would not take long to remove the line. He stated thcrc would be some salvagc. Councilmember Larson stated the issue is whether thcy needed to come before the City as well as the County to put the line in. Mr. Filla stated the language is not as clear as that for a city street. He noted he did not know the case law on this issue. He added that if they had no obligation to come before thc City, then the underground issue should be approached purely as matter of community relations. He stated Xcel has admitted that part had been blown. . Councilmcmbcr Rcm stated the City needs a better sense of its rights in the county right of way. She noted that iftbe County prevails, then there is not a lot to discuss.