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City Council Minutes Page 8 <br /> April 15,2013 <br /> 8.3 Resolution Acknowledging the Removal and Donation of Obsolete Playground Equipment <br /> Mr. Hecker presented the staff report. <br /> MOVED BY COUNCILMEMBER WILSON AND SECONDED BY <br /> COUNCILMEMBER BURANDT TO ADOPT RESOLUTION 13-22 <br /> AUTHORIZING THE REMOVAL AND DONATION OF OBSOLETE <br /> PLAYGROUND EQUIPMENT. MOTION CARRIED 4-0. <br /> 8.4 Implementation of a Franchise Fee to Fund the City Pavement Management Program <br /> Mr. Femrite presented the staff report. He reviewed minor modification made to the <br /> Connexus franchise ordinance and handed out an updated version. <br /> Mayor Dietz questioned if this franchise fee will decrease the amount taken from the <br /> General Fund for street repair. <br /> Mr. Simon stated approximately$272,000 would be eliminated from the tax levy. <br /> Council discussed the billing and non-payment process,the rebate process,rate <br /> classifications,implementation process,and future communications to the community. <br /> Mayor Dietz questioned the audience for any comments. <br /> Jane Kiely, 14084 202nd Avenue—Thanked Council for considering this type of program <br /> and expressed her support for it. <br /> Mayor Dietz stated he talked with the city attorney earlier regarding a resident inquiry of <br /> whether a mechanism could be put in place to make sure the franchise funds collected <br /> couldn't be used for anything other than street repairs. <br /> Attorney Beck stated a sentence has been added to the purpose section of the fee ordinances <br /> but the Council can't tie the hands of future City Councils. <br /> Councilmember Motin suggested adding the following language: <br /> ■ Section 12. 1: "if the company rejects the franchise or any amendment thereto,it <br /> shall proceed in accordance with Section 12.2. <br /> MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY <br /> COUNCILMEMBER WILSON TO ADOPT ORDINANCE 13-06 GRANTING TO <br /> CONNEXUS ENERGY,A MINNESOTA COOPERATIVE CORPORATION, ITS <br /> SUCCESSORS AND ASSIGNS,A NONEXCLUSIVE FRANCHISE TO <br /> CONSTRUCT, OPERATE, REPAIR,AND MAINTAIN IN THE CITY OF ELK <br /> RIVER,MINNESOTA,AN ELECTRIC DISTRIBUTION SYSTEM AN <br /> TRANSMISSION LINES, INCLUDING NECESSARY POLES,LINES, <br /> FIXTURES,AND APPURTENANCES, FOR THE FURNISHING OF <br /> ELECTRIC ENERGY TO A PORTION OF THE CITY, ITS INHABITANTS, <br /> AND OTHERS,AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS <br /> OF THE CITY FOR SUCH PURPOSES;AND PRESCRIBING CERTAIN <br /> TERMS AND CONDITIONS THEREOF WITH THE FOLLWING <br /> AMENDMENT: <br />