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CITY COUNCIL WORK SESSION August 3,2009 <br /> APPROVED <br /> 85 3. Centennial Utilities Commission—Robin Doege(city rep)—Mr. Doege said that he is <br /> 86 reporting to the council as he promised he would do when he interviewed for appointment to the position. <br /> 87 He has met with the city's former representative,Vernon Reinert, and received valuable historical data <br /> 88 about the work of the commission through many years. The franchise agreement is in place until March <br /> 89 31,2012. There was some discussion about how the franchise agreement could ever be amended(all <br /> 90 parties must agree). Mr.Doege pointed out that there is an option in the agreement for the city to acquire <br /> 91 as property the lines located within the city. In his opinion,the system is in good shape. Mr Doege <br /> 92 shared information from an auditor's report that was recently received by the commission. The city does <br /> 93 receive a franchise fee but that does mean that there isn't as much funding left with the utility for capital <br /> 94 improvements. <br /> 95 A council member noted that the utility is clearly presented as a department of the City of Circle Pines. <br /> 96 As the utility has grown and other cities joined, perhaps that isn't as appropriate as it once was. <br /> 97 Mr. Doege remarked that the franchise agreement indicates that passing a certain revenue point entitles <br /> 98 the city to another representative on the commission(and that point has been surpassed). He will ask <br /> 99 Circle Pines Administrator Jim Keinath about that situation as a direction from the council. <br /> 100 A council member asked when Mr. Doege recommends that the city start working on a new franchise <br /> 101 agreement,knowing that the expiration lies ahead. Mr. Doege will research that question. <br /> 102 The council thanked Mr. Doege for his volunteer service to the city through the commission. <br /> 103 <br /> 104 4. I-35E/14 Funding/JPA with Anoka County—Community Development Director Grochala <br /> 105 reported that discussions with Anoka county have continued regarding funding for the project. The new <br /> 106 base cost is $5.4 million for a project that encompasses both intersections. There are several types of <br /> ■._,107 funding proposed—grant funding, state funding, county funding and federal stimulus funding. Cash flow <br /> 108 is an issue since the city wouldn't be in a position to issue bonds on deferred assessments. The county <br /> 109 understands that situation and has indicated that it would be willing to issue the bonding for the city's <br /> 110 share (with the possibility of a surcharge). The percentage rate for the bonds cannot yet be determined <br /> 111 but the county does carry an AAA rating, so that will keep the rate low. He added that the city has also <br /> 112 been looking at the opportunity to gain credits through the process (such as turn-back of county roads or <br /> 113 reservation of land for a county maintenance facility),to keep costs as low as possible. The two big <br /> 114 unknowns are right-of-way costs and construction bids. Staff wants the council to have this information <br /> 115 so that they can begin drafting a joint powers agreement for the project. Mr.Grochala then pointed out <br /> 116 that the proposed assessment area for the project encompasses an area covered by the charter regulations <br /> 117 and an area that is exempt. There are seven property owners within the charter area and staff has asked if <br /> 118 the result of four of those property owners signing a petition against the project would be to halt the <br /> 119 project. <br /> 120 City Attorney Langel opined on the matter. A matter of consideration is what was intended when the <br /> 121 charter language was approved. He suspects that the language never contemplated the situation that this <br /> 122 project presents. There could be a strong argument that the majority of seven is not sufficient but there is <br /> 123 also concern that those outside the charter zone wouldn't be appropriately involved in a petitioning <br /> 124 process. <br /> 125 Mr. Grochala noted that there is some concern, as the council heard at the public hearing, about the <br /> 126 interest rate for deferred assessments. That figure cannot be determined at this point. There was a <br /> 127 discussion about how assessments are decided and Mr. Grochala noted that the city proposes to use trip <br /> 128 generation as a guideline. Ultimately,the city will have to put together an assessment roll and those <br /> 129 proposed to be assessed will be invited to a public hearing,will understand the amount and terms of the <br /> �--130 assessment and will have an opportunity to appeal their assessment to the district court. Staff is asking <br /> 3 <br />