CC 02-25-2002 - Laserfiche WebLink

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. . . ARDEN HILLS CITY COUNCIL MEETING MINUTES FEBRUARY 25, 2002 5 Mr. Lynch stated he had received a faxed copy of the legal opinion from Mr. Filla regarding the City's jurisdiction in the Xcelmattcr. He noted Mr. Filla had changed his mind on the opinion based on li,lrther discussions. He added that based on thc statutory definitions of right of way, it is interpreted to be where the City has jurisdiction. He stated he would provide a copy orthc opllllOn. Mayor Probst asked that assLlming the City Attorney's position does not change, did the City Council wish to pursue this matter any further. He stated they had discussed a letter or telephone call regarding the City Council's indignation over this matter. He noted his personal opinion would be not to let this pass without offering some official commentary on the very poor way this was handled. Couneilmember Larson stated he shared the Mayor's lrustrations. He noted there is even greater frnstration when there is no avenue to challenge these actions. He added they still need to let Xce1 know it needs to talk to the City. lIe stated maybe there is no legal obligation, but there is one as a good neighbor. He noted Xcelneeds to have a good relationship with the City conceming the power lines in the City of Arden Hills. Councilmember Grant stated a letter expressing their opinion is appropriate. He requested an opportunity for thc City Council to review it at a worksession before it is sent. COlll1cilmember Rem stated she agrccd it would have been better had Xcel come to the City prior to making these decisions. She noted that if the legal opinion is that Xcel did what it was required to do, it gives the City less reason to say Xcel was out of bounds. She added she agreed with a letter noting Xcel should have given the City council the courtesy of an opportunity to comment. Councilmember Grant stated Xcc1 obtained a county pemlit because it is a county road. He noted his recommendation to send a letter also to the county. He added this letter would request that the County cncourage Xcel to contact the communities involved in the future when requesting such a pemlit. Mayor Probst stated he would work with Mr. Lynch on the letters. COUNCIL COMMENTS Councilmember Grant stated there would be a meeting with Mr. Moore and the Chair of the Maintcnancc Task Force this Wednesday. He notcd that during that mceting, they would sct up a time for first meeting of the task forcc. He added he urged that it be done quickly since the County continues to movc quickly on this matter. Councilmember Larson statcd he had noted in the non-agcnda packet a mission statement as a potential item. He noted this should be a high priority on the agenda. He added the Councilmembers should all do their homework in advance.