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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Mounds View City Council January 28, 2013 Regular Meeting Page 5 Hearing no public input, Mayor Flaherty closed the public hearing at 7:55 p.m. Council Member Meehlhause asked if the City ever had any problem receiving payment of the franchise fee from Xcel. Finance Director Beer indicated this has never been an issue in the past. He commented half of the payment was placed in the General Fund and the other half was placed in the Street Improvement Fund. Council Member Hull questioned if every City received a franchise fee. City Attorney Riggs explained the franchise fee was received only by approximately 40 cities in the metro area and was a discretionary decision of the City Council. Mayor Flaherty questioned how much the agreement had changed. City Attorney Riggs reported the agreement changed very little. He discussed the minor language amendments with the Council noting the agreement was consistent with State Statute. MOTION/SECOND: Mueller/Meehlhause. To Waive the First Reading and Introduce Ordinance 875, an Ordinance granting to Northern States Power Company, a Minnesota Corporation, dba Xcel Energy, its successors and Assigns, a Franchise to construct, operate, repair and maintain in the City of Mounds View, Minnesota, the necessary gas pipes, mains and appurtenances for the transmission or distribution of gas to the City and its inhabitants and others and transmitting gas into and through the City and to use the public grounds and public ways of the City for such purposes; and prescribing certain terms and conditions thereof. Mayor Flaherty indicated the franchise fee was put into place 20 years ago to provide a boost of funding to the City. He commented the sunset clause provided an out, but has not been removed. However, the fees were used wisely by the City to assist with street improvements while also providing assistance in keeping the levies low. He recommended the fees remain in place as is. City Administrator Ericson indicated the franchise fees were already approved by the Council and this evening the Council was introducing an ordinance approving the franchise agreement. Ayes — 5 Nays — 0 Motion carried. B. 7:00 p.m. Public Hearing to Consider the First Reading and Introduction of Ordinance 876, an Ordinance Approving a Franchise Agreement with Xcel Energy for Electric Operations in Mounds View. Finance Director Beer stated that this Public Hearing was opened by the Council on December 10`h. He reviewed the minor language revisions in the Franchise Agreement with Xcel Energy for electric operations in Mounds View for the next 20 years. Staff recommended the Council introduce Ordinance 876. Hearing no public input, Mayor Flaherty closed the public hearing at 8:05 p.m.