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<br />~ <br /> <br />~~~~ <br /> <br />Mayor Probst stated he had hoped from the last encounter that Xcel would have recognized the <br />sensitivity of the Arden Hills community to overhead lines. He noted the removal would be paid <br />for by the residents of Arden Hills when the line services Shoreview. He added the line goes <br />llilderground when goes into Shoreview. <br /> <br />ARDEN, HILLS CITY COUNCIL MEETING MINUTES <br />FEBRUARY 11, 2002 <br /> <br />4 <br /> <br />e <br /> <br />Mr. Wertish stated express feeder lines are a different scenario. He noted Xcel did not decide <br />against overhead lines at Lexington. He added that position was adopted by the Public Utility <br />Commission. <br /> <br />Mayor Probst stated Xcel is required to follow the requirements of the commWlity it operates in. <br />He noted the City has the legal right to control its right of way. <br /> <br />Mr. Wertish stated the project was approved by the County. He noted Xcel has COllilty permits. <br />He added Xcel's legal staff has determined a city permit is not required, He stated the County <br />has jurisdiction. He noted not that Xcel should not work with the City. <br /> <br />Mr. Parrish stated he spoke to a County Specialist. He noted one component of the permit is to <br />obtain any permits of the municipality. He added Ramsey COllilty does not do any follow up on <br />that point. <br /> <br />Mr. Filla stated that since 1971 the City of Arden Halls has had regnlations to require <br />llilderground utility lines. He noted most deal with new development requiring the developer to e <br />place lines underground. He added the utility regulations in 1971 talked about the existing <br />distribution lines and the process. He stated the City would need to get together with the energy <br />company and discuss how the underground line was to be paid for. He noted nothing requires the <br />utility company automatically to pay for it. He added that since 1971 Minnesota courts have <br />found that cities have the authority to require underground lines, but that utility companies have <br />the right to be reimbursed for that cost. He stated one way is to require a surcharge. He noted <br />that in this case the City did not have the choice to decide whether it wanted to llildergrollild the <br />line and decide the costs. He added he thought Xcel should have gone through the City's <br />permitting process, He stated the Public Utility Commission has taken the position that the <br />incremental cost be absorbed by the mWlicipality. <br /> <br />Councilmember Larson asked how Xcel decided to put part of the line underground, Mr. <br />Wertish responded there is no other option in the right-of-way. He stated there is an existing <br />overhead line. He noted there is not enough room to put the line in the right-a-way and keep <br />Xcel's clearance, He added since it is the only option the line must go undergrollild at Xcel's <br />cost. <br /> <br />Councilmember Larson stated that is more expensive than running an underground line in the <br />Arsenal property where there is no development. Mr. Wertish agreed. <br /> <br />Councilmember Larson stated he was told there is a real need to anticipate a significant load this . <br />summer to provide redundancy so customers north of Arden Hills have reliable power. Mr. <br />Wertish concurred, <br />