Agenda - Council - 03/28/2000 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I I CASE # CORRIDOR MODIFICATIONS TO INTRODUCED RIGHT-OF-WAY ORDINANCE By: Steven J. Jankowski, City Engineer Background: On January 25, 2090, the City introduced a right-of-way ordinance that was drafted based upon a model ordinance developed by the League of Minnesota Cities. Representatives from Connexus Energy requested that passage of this ordinance be delayed to give City staff an opportunity to meet with Connexus to discuss concerns regarding the ordinance. The City Engineer met with representatives from Connexus, and several drafts proposing changes to the ordinance by Connexus have been reviewed by the Director of Public Works, the City Attorney, and the City Engineer. Attached is a draft showing the modifications to the originally introduced ordinance. This draft is acceptable to City staff, except for the issues listed below: Page Section 4 Definition Right-of Way Addition - The utility company proposed language which' would specifically exempt the drainage and utility easements located adjacent to the right-of-way from inclusion in the definition of the right-of-way. Does the City wish to exercise control of this territory? 9 4.10.08 (2) Inclusion of this language provides for an obligation on the part of the City. 11 4.10.12 We are not sure what this is supposed to mean. Staff will talk to Connexus prior to meeting to clarify. 24 4.10.29 (2) This suggested change begs a policy decision. Committee Action: Staff is asking for direction on these remaining issues. The City Attorney feels the changes from the original ordinance are of a significant nature and the ordinance should be reintroduced prior to adoption. :." Reviewed by: City Administrator Director of Public Works PW:03/21/00 G:\users\City Shared File~PWCommitteeX2000XMarch~ROW Ordinance.doc