City Council Minutes 2000 07 18 - Laserfiche WebLink

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Louisville City Council Meeting July 18, 2000 Page 3 Two of the primary legal issues regarding this application are whether the City Council has the authority to deny this application and whether it has the authority to require undergrounding of the lines at the utility company's expense. On the first issue, the Council's regulation of this project is governed by the Special Review Use criteria of the Louisville Municipal Code. However, its power with regard to this project is further restricted because of the jurisdiction of the Public Utilities Commission, certain other statutes, court decisions and because certain utilities already exist on the ground. Light noted that the city Attorney's position is that this Council can not deny the application, because the City Council may question the need for power, or because City Council does not prefer the existing location. City Council's land use rule may be related to determining the proposal's alternatives. Light stated that is the basis of the Special Review Use criteria set forth in the City Code. Light stated that in the event of denial, it is likely that Public Service could seek authority from the PUC, if necessary, to make upgrades to provide adequate or safe service as directed by the Public Utility Commission. Public Service would have the right to do so, even if contrary to the Louisville City Council's land use decision. With regard to under-grounding, Light stated that the City does not have the authority to require under-grounding at the utility company's expense. Therefore, the application could not be denied or conditioned for that purpose. It may address specific questions on the issue. Light noted'that the information to be considered in reviewing the application is not limited to the information presented to the Planning Commission. Instead, the applicant, City Staff, persons supporting or opposing the application, or any other person may present additional testimony. Council's review of this application is a quasi-judicial proceeding. Light reviewed that the general order of the proceeding will begin with a presentation by City Staff followed by the applicant's presentation. Council will then take comments from persons who wish to speak for or against the application. Persons wishing to speak must complete a sign-up card and provide the same card to the City Clerk prior to speaking. Once the testimony is complete the Council will ask questions of the applicant and staff and the applicant may make a closing statement. Rules of evidence do not apply in these proceedings. All testimony and written documents presented will be part of the record of the Council's proceedings. Light requested that the City Council include in the record, all application materials submitted by the applicant, all materials included in the City Council packets, all minutes