Minutes - Council - 07/08/2014 - Laserfiche WebLink

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The Council reviewed the language of the Connexus Energy Policy and asked why the City should cover this cost, as this project does not involve unusual or special design requirements. Assistant to the City Administrator Brama stated staff asked those questions of Connexus and was told this was an unplatted area so development for the area was unknown at this time. As a result, it was the practice of Connexus Energy to not bury power lines. With regard to timeliness, Assistant to the City Administrator Brama advised that Connexus Energy has asked for an answer so it can meet timelines for the Armstrong Boulevard interchange project. It was noted that an alternative was to move forward with an overhead line. City Attorney Langel advised that he does not have enough information, based on this language, and would have to research the history of this issue before offering a legal opinion. Assistant to the City Administrator Brama clarified that an engineering estimate had been prepared. This case is being considered tonight because Connexus Energy was going to place a new overhead power line within the City's right -of -way; however, it wanted to bring forward the opportunity to bury the line at this point. This option was offered as a courtesy to the City. The Council unanimously supported staff's recommendation to bury this power line. Discussion ensued relating to consistency in development practices. Assistant to the City Administrator Brama explained the franchise agreement puts the onus for these costs away from Connexus Energy and modification of that language can be considered when it is up for renewal. With regard to burying the power line on Puma Street, Assistant to the City Administrator Brama explained that is not under consideration because there is not an easement in place. In addition, the future development pattern may result in a regional storm water pond and relocation of the power line. Therefore, it is not prudent to include that section of line on Puma Street. Motion by Councilmember LeTourneau, seconded by Councilmember Kuzma, to Adopt Resolution #14 -07 -132 Authorizing Payment to Connexus Energy to Bury Electric Service Lines for Project Number W1401335, not to exceed $100,000. Further discussion: Councilmember Riley supported making the motion subject to additional staff negotiation for cost sharing. Councilmember Tossey suggested the City Attorney and Connexus attorney clarifying the Connexus Policy language for future projects. Councilmember LeTourneau stated he would not support amending his motion but would support direction to staff, when it is appropriate during franchise renewal, to hold that conversation at that time. City Administrator Ulrich stated staff can hold that discussion based on Council direction. Motion carried. Voting Yes: Mayor Pro Tem Backous, Councilmembers LeTourneau, Kuzma, Johns, Riley, and Tossey. Voting No: None. Absent: Mayor Strommen. 8. MAYOR, COUNCIL AND STAFF INPUT 8.01: Consider Amendment of City Council Meeting Schedule City Council / July 8, 2014 Page 6 of 7