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Regular City Council Meeting Monday,August 22,2011 Page 22 request by Xcel Energy, they would be required to put the pole on the property line. Mayor Roe questioned if current subdivision code for lot splits today, addressed power poles being located at the edge of a property. Ms. Bloom responded that there was no such City requirement in place, but that it was currently at the discretion of the property owner and/or contractor. Councilmember McGehee asked that City Manager Malinen and Community De- velopment Director Trudgeon concur and ensure that this type of an issue doesn't arise again; and questioned if it would be possible in this specific case, since it could have been remedied in the past, that the City consider making a contribution through abatement for payment over time. Councilmember Pust noted that the RCA dated August 22, 2011, as well as com- ments made by Ms. Bloom at tonight's meeting, advised that the City did not have the legal ability to do so; and if there was no legal ability for the City in this case, the City should not set itself up with such a precedent. Councilmember Pust asked that Mr. Hadlich provide the referenced model ordin- ances to staff for their review. Ms. Bloom advised that, if Mr. Hadlich e-mail the subdivision ordinance languag- es or cities he referenced, she would coordinate with Community Development Director Patrick Trudgeon for future reference and consideration by the Planning Commission for study and potential recommendation to the City Council in the future. Mayor Roe noted that the City's Public Works, Environment and Transportation Commission was currently discussing and studying the entire issue of utility un- dergrounding city-wide. Mr. Hadlich reiterated his appreciation to staff and the City Council for their ef- forts and consideration. On an unrelated note, Mr. Hadlich noted the steps between the platform and lake on the NE side of the pavilion by the band shell at Central Park had shifted due to land erosion, and the last step to the ground now had a two foot(2') drop. Mayor Roe thanked Mr. Hadlich for bringing this to the City's attention; and City Manager Malinen duly noted the situation for delegating to appropriate staff for follow-up.