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<br />. <br /> <br />City QfCenterville <br />November 27, 2002 <br />Council Meeting Minutes <br /> <br />IV, PUBLIC HEARING(S) <br /> <br />1. Proposed Ordinance #74 Right of Way <br /> <br />Mayor Swedberg opened the public hearing at 7:00 p.m. <br /> <br />Mayor Swedberg commented that the proposed Ordinance would allow the City to <br />control the opening of street cavities for utilities and noted the same type of Ordinance <br />has been adopted in many other cities. City Attorney Hoeft indicated that the League of <br />Minnesota Cities had provided the model right-of-way Ordinance to assist cities with <br />regulating use of its rights of way. <br /> <br />Council Member Capra requested the following changes: On Page 3 of 12 change be to <br />"been". Page 4 of 12 change date to "data" two occurrences. <br /> <br />Council Member Capra asked whether anyone currently holds a right-of-way permit. Ms. <br />Moore-Sykes indicated she was not aware of anyone with a current permit. <br /> <br />Council Member Capra suggested the City look at adopting the fee schedule as part of the <br />other fees that are adopted at the first ofthe year. Ms. Moore-Sykes agreed to include the <br />fees for the right-of-way permit in the fee schedule resolution. <br /> <br />Council Member Travis indicated that calculating the fees due seems to be confusing. <br /> <br />Mayor Swedberg asked if the ordinance could be adopted without any fee structure. City <br />Attorney Hoeft indicated it would be appropriate to do so. <br /> <br />Council Member Capra indicated she would like to continue the public hearing because <br />she does not feel comfortable with the fee structure and wording in the Ordinance. <br /> <br />Council Member Travis indicated that even though he does not agree with the Ordinance <br />the City wants this type of infrastructure. Ms. Moore-Sykes indicated the Ordinance <br />would give the City the authority to manage its rights-of-way and give the City an option <br />for keeping vendors accountable for restoring the boulevards properly. <br /> <br />Council Member Nelson indicated the fee schedule is not part of the ordinance. <br /> <br />Mayor Swedberg asked if City Attorney Hoeft had any issues with the document. City <br />Attorney Hoeft indicated he had no issues with the document. <br /> <br />Mayor Swedberg asked if the City could handle fees as an escrow and release the money <br />when the work is properly completed. City Attorney Hoeft suggested approving the <br />Ordinance and then determining how to handle the fees. <br /> <br />Page 4 of 10 <br />