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Mounds View City Council August 24, 2009 <br />Regular Meeting Page 3 <br /> <br /> Ayes – 3 Nays – 2 (Hull, Flaherty) Motion carried. 1 <br /> 2 <br />B. 7:10 p.m. Public Hearing: Second Reading and Adoption of Ordinance 826, 3 <br />Implementing a Franchise Fee on Xcel Electric and Natural Gas Operations 4 <br />within the City of Mounds View. 5 <br /> 6 <br />Finance Director Beer advised the consideration is for second reading of the ordinance and 7 <br />adoption by roll call vote. He reviewed the calculations and explained the ordinance would 8 <br />continue the agreement with Xcel Energy to collect a franchise fee in the amount of 3.79% of 9 <br />Xcel’s electric and natural gas operating revenue for services in Mounds View during the year 10 <br />2010. Staff recommends adoption and that a summary ordinance be published in the Sun Focus. 11 <br /> 12 <br />Mayor Flaherty opened the public hearing at 7:20 p.m. 13 <br /> 14 <br />Dan Mueller, 8343 Groveland Road, stated at first reading the Council indicated they favored 15 <br />lowering the fee but he believes everyone voted to raise the City levy. He stated he does not like 16 <br />to pay taxes either, and his income has decreased since the first of the year, but he disagrees with 17 <br />some on the Council saying they want to save people money yet all voted to increase the levy and 18 <br />utility fees. Mayor Flaherty clarified that the utility fees increased based on increased usage; 19 <br />however, the franchise fee is a different consideration. 20 <br /> 21 <br />Mr. Mueller stated that residents have no way of making up an extra fee but businesses can do 22 <br />so. He noted the City is still $19,000 short and this fee will be a financial impact. Mayor 23 <br />Flaherty stated he believed the fee was to sunset and while politicians often enact fees and say 24 <br />they will sunset when no longer needed, that does not happen. He stated if the City needs money, 25 <br />he would prefer to tell residents why it is needed rather than instituting a fee. 26 <br /> 27 <br />Mr. Mueller asked what the franchise fee was set up for originally. Clerk-Administrator Ericson 28 <br />stated it was instituted in 1992 due to cash flow shortages, perhaps due to levy limits, and was to 29 <br />sunset after five years. At that time, 100% went to the General Fund and later some was set aside 30 <br />for streets. 31 <br /> 32 <br />Mr. Mueller asked if the money is no longer needed. Mayor Flaherty stated the need remains. 33 <br />Mr. Mueller questioned how it can then be stated that the fee should have sunset. 34 <br /> 35 <br />Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:30 p.m. 36 <br /> 37 <br />MOTION/SECOND: Stigney/Mueller. To Waive the Second Reading and Adopt Ordinance No. 38 <br />826, Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within 39 <br />the City of Mounds View, and Publication by Summary Ordinance in the Sun Focus. 40 <br /> 41 <br />Council Member Stigney stated there is some confusion because “X” amount of dollars are 42 <br />needed to run the City and can come from tax levies and/or fees. But, franchise fees are 43 <br />attributed to non-profits and tax-exempt properties that taxes do not affect. He felt this is not the 44 <br />time to consider an offset since 22% of the City is tied into TIF Districts, which cannot be taxed. 45