CCP 04-29-2002 - Laserfiche WebLink

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ARDEN HILLS CITY COlJNCIL MEETING MINUTES FEBRUARY 11,2002 8 . Councilmember Rem stated that whatever the process, right now they are 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 form 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, He noted it is wrong for Xcel or others to come in without discussing and say it has already been done. He directed staffto investigate what options they have to pursuing this by either legal action or letters. He stated he 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 line could be in either category, He noted it was a seven-part test. He added the decision tonight is whether they want the line to continue 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 there is no great likelihood of injunctive relief. He added they would have to prove the likelihood ofXcel prevailing is good. He stated the major problem is the overhead cost versus the requested underground cost. He noted another major problem would be Xcel would argue it is a county road and not a city road, He added it would be different if this 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 interested in assessing the city or the ratepayers $450,000. 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 there would be some salvage. Councilmember Larson stated the issue is whether they 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 the City, then the underground issue should be approached purely as matter of community relations. He stated Xcel has admitted that part had been blown, Councilmember Rem stated the City needs a better sense of its rights in the county right of way. She noted that if the County prevails, then there is not a lot to discuss. .