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CASE <br /> <br />CORRIDOR MODIFICATIONS TO INTRODUCED RIGHT-OF-WAY ORDINANCE <br /> By: Steven J. Jankowski, City Engineer <br /> <br />Background: <br /> <br />On January 25, 2000, the City introduced a right-of-way ordinance that was drafted based upon a <br />model ordinance developed by the League of Minnesota Cities. Representatives from Connexus <br />Energy requested that passage of this ordinance be delayed to give City staff an opportunity to <br />meet with Connexus to discuss concerns regarding the ordinance. The City Engineer met with <br />representatives from Connexus, and several drafts proposing changes to the ordinance by <br />Connexus have been reviewed by the Director of Public Works, the City Attorney, and the City <br />Engineer. Attached is a draft showing the modifications to the originally introduced ordinance. <br />This draft is acceptable to City staff, except for the issues listed below: <br /> <br />Page Section <br /> <br />4 Definition <br /> <br />Right-of Way Addition - The utility company proposed language <br />which 'would specifically exempt the drainage and utility <br />easements located adjacent to the right-of-way from inclusion in <br />the definition of the right-of-way. Does the City wish to exercise <br />control of this territory? <br /> <br />9 4.10.08 (2) <br /> <br />Inclusion of this language provides for an obligation on the part of <br />the City. <br /> <br />11 4.10.12 <br /> <br />We are not sure what this is supposed to mean. Staff will talk to <br />Connexus prior to meeting to clarify. <br /> <br />24 4.10.29 (2) <br /> <br />This suggested change begs a policy decision. <br /> <br />Committee Action: <br /> <br />Staff is asking for direction on these remaining issues. The City Attorney feels the changes from <br />the original ordinance are of a significant nature and the ordinance should be reintroduced prior <br />to adoption. ~." <br /> <br />Reviewed by: <br /> <br />City Administrator <br />Director of Public Works <br /> <br />PW:03/21/00 <br /> <br />G:\users\City Shared FileLPWCommitteek2000LMarchL~OW Ordinance.doc <br /> <br />/I <br /> <br /> <br />