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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, March 28, 2011 7:00 o'clock p.m. _____________________________________________________________________________________ Page 22 of 24 MAYOR/COUNCIL REPORT Franchot noted the LMCC has commissioned a market survey to determine the residents' level of satisfaction with the various offerings of Mediacom and Qwest. The survey will be used for the discussions surrounding the fiber optic project and renegotiating the franchise agreement, which will happen over the next two and a half to three years. The survey information will be forwarded to Staff in the next week. McMillan requested that survey data be provided to the Council. McMillan noted they have started the turnback of Highway 12 planning process and that a tentative work session has been scheduled for May 9th to discuss this item. Jim Grube, Transportation Consultant with Hennepin County, is ready to get going on the turnback process. Old Highway 12 will be called County Road 112 and be maintained by the county. McMillan noted the open house for the Old Crystal Bay Road reconstruction project is coming up on April 6th. The plans have not been technically approved at this point. McMillan requested the census information be placed on the City’s web site once that is received. McMillan indicated there have also been issues on signage raised regarding Navarre Lanes and other businesses and that she would like to discuss changing some of the City’s ordinances on signage during a work session at some point in the future. Franchot commented that signage discussion is a good idea and that it has been helpful in the past on these issues to get a short white paper outlining the options available and the issues. CITY ATTORNEY'S REPORT 17. MAINTENANCE AGREEMENT Mattick stated based on the motion that was made earlier this evening, the maintenance agreement is still tentatively in play unless the landscaping alternate is not approved. The School District has presented the City with a lawn and landscaping maintenance contract that is one page long and refers to their standard operating procedure of grounds maintenance. If only grass is planted in the median, there will be no need for a maintenance agreement. Mattick indicated he has reviewed the school’s proposal, and from a responsibility standpoint, it is in line with what was discussed in the previous agreement. Mattick stated he would like to speak to the School District about adding a severability provision and a liability provision. The responsibilities are basically the same in both agreements. Mattick noted one of the original revisions to the City’s agreement was the concept of terminating the contract. Mattick asked if there is a provision in the contract that says they can terminate the contract, does the City Council want to include language that requires the School District to care for the plants for a certain period of time before they can terminate the agreement, such as five or seven years. Franchot noted Council Member Bremer had indicated the representatives from the School District appeared to be fine with a period of time at the work session. Item #03 - CC Agenda - 04/11/2011 Approval of Council Minutes 03/28/2011 [Page 22 of 24]