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City Council Minutes Page 8 <br />April 15, 2013 <br />----------------------------- <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 />Councihnember 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 />