CCP 04-29-2002 - Laserfiche WebLink

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e e e ARDEN HILLS CITY COUNCIL MEETING MINUTES FEBRUARY 25, 2002 rrp Ii.. ~~=""~ ...., ~ ... ,,'~..a i 5 Mr. Lynch stated he had received a faxed copy of the legal opinion from Mr. Filla regarding the City's jurisdiction in the Xce1 matter. He noted Mr. Filla had changed his mind on the opinion based on further discussions, He added that based on the statutory definitions of right of way, it is interpreted to be where the City has jurisdiction. He stated he would provide a copy of the opllllon, Mayor Probst asked that assuming 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. Councilmember Larson stated he shared the Mayor's frustrations. He noted there is even greater frustration 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. He stated maybe there is no legal obligation, but there is one as a good neighbor. He noted Xce1 needs to have a good relationship with the City concerning the power lines in the City of Arden Hills, Councilmember Grant stated a letter expressing their opinion is appropriate, He requested an opportunity for the City Council to review it at a worksession before it is sent. Councilmember Rem stated she agreed 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 Xce1 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 Xcel obtained a county permit 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 encourage Xcel to contact the communities involved in the future when requesting such a permit. 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 ofthe Maintenance Task Force this Wednesday. He noted that during that meeting, they would set up a time for first meeting of the task force. He added he urged that it be done quickly since the County continues to move quickly on this matter. Councilmember Larson stated he had noted in the non-agenda 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,