City Council Minutes 2000 09 05 - Laserfiche WebLink

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Louisville City Council Meeting September 5, 2000 Page 5. Fred Backes, 793 W. Tamarisk Street, Louisville, CO, stated that the various alternative have not been thoroughly investigated. He felt that the matter is being rushed and time has not been given for Louisville to become a Home Rule City, which would provide other funding methods. He asked Council to further consider the alternatives. Michael Gheleta, 761 Pear Court, Louisville, CO, stated that he was pleased that PSCo will maintain the lines. He was disappointed that PSCO's original commitment of 2.8 million dollars to help fund burial of the lines has been reduced. He felt that PSCo and the City should split the cost of the temporary measures addressed. He felt that PSCo's August 2002 deadline for financing is inappropriate. He suggested that a November 2002 deadline would be more appropriate. He referred to a recent Colorado Court of Appeals Case, Van Wyk vs. Public Service Company. He explained that in this case, Public Service sought to upgrade a line in Douglas County and the adjacent property owners, concerned about noise and electro-magnetic fields, brought suit against Public Service. Public Service moved to dismiss the case citing Public Utility Commission approval precluded the claims. The Colorado Court of Appeals found that the PUC approval did not preclude the claims, that the suit could proceed, and the motion to dismiss was denied. With regard to a special election on an advisory vote, he felt that citizens should be sent information by the City and made aware of the issues. He asked that the Council not upgrade the lines and proceed with the Home Rules process. Carrie DeGraw, 741Orchard Drive, Louisville, CO, provided photos of the power lines. She stated that the property values along the power line corridor are being affected and that prospective homebuyers express their concern about power lines. With respect to the special election advisory question, DeGraw stated that if the City pays half and the taxpayers are asked to pay half, the residents will need to know the costs they are to bear. Becky Leffingwell, 1899 Continental View Drive, Louisville, CO, asked for verification of the line location, which has been stated as V2 mile east of McCaslin Blvd. It was her understanding that the line is farther west. She asked that if the Resolution is approved, she'd like clarification on the actual location. Davidson asked if there was anyone else in the audience who wished to speak for or against Resolution No. 42, Series 2000. Hearing none, Davidson closed the public hearing. Howard asked City Attorney Light if the City is allowed to use the $600,000 in the burial fund to pay for the $233,400 temporary measures requested by PSCo. Light stated that funds in the franchise agreement are committed to undergrounding of distribution lines and that term is not defined. Howard asked what other funds are available to bury the 5