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Agenda Packets - 1999/10/11
CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY, OCTOBER 11, 1999 1. CALL MEETING TO ORDER 2. ROLL CALL: Coughlin, Quick, Marty, Stigney, Thomason 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. City Council September 27, 1999 Minutes 5. SPECIAL ORDER OF BUSINESS: A. Council and Staff Rules of Conduct. 6. REPORTS 7. CONSENT AGENDA A. Approve Just and Correct Claims. B. Action Moving November 8, 1999 City Council Meeting to November 15, 1999 at 7 p.m. C. Approval for Residential Dog Kennel License Renewal. D. Approval of Resolution 5378, a Resolution Authorizing Application for Livable Communities Demonstration Program. 8. UNFINISHED BUSINESS 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking must give their full name and address for the minutes. Please limit your comments to three minutes. 10. COUNCIL BUSINESS 7:15 A. Consideration of Ordinance 641 and 643, Implementing a Franchise Fee Increase from 2.5%to 4% on Electric and Natural Gas Companies for the Operation of the Utility within the City: 1. Public Hearing on Said Ordinance (7:15 p.m.) 2. Second reading and Adoption of Ordinance. 3. Vote: Stigney, Thomason, Quick, Marty, Coughlin B. Consideration of Resolution 5379, a Resolution Dedicating the Increase in the Franchise Fees Collected in Fiscal Year 2000 to Streets Improvements and Maintenance and Directing Staff to Draft a Dedicated Fund Ordinance for this Purpose. C. Board Appointments -- Two Appointments to the Anoka County-Blaine Airport Advisory Commission. C:\JOANB\AGENDAS\CC\10-11-99.CC Page Two City Council Agenda October 11, 1999 E. Continuation of Second Reading and Adoption of Ordinance 640, an Ordinance Amending Title 900, Chapter 902 of the Mounds View Municipal Code Relating to Driveways and Repealing Provisions of Chapter 902 Relating to Street Openings. 1. Continued Second reading and Adoption of Ordinance. 2. Vote: Quick, Thomason, Stigney, Marty, Coughlin 11. Next Council Work Session: Monday, October 25, 1999 -- 4:30 P.M. Next Council Meeting: Monday, October 25, 1999-- 7:00 P.M. 12. ADJOURNMENT C:\JOANB\AGENDAS\CC\10-11-99.CC October 7, 1999 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: October 11, 1999 City Council Meeting Here's what we have for Monday: 5.A. Special Order of Business—Council and Staff Rules of Conduct: Mayor Dan thought it would be a good idea to recognize the"10 commandments"the Council came up with last spring with Carl Neu. I expect to have the rules on a board by meeting time with signature places for everyone. 10. A. Consideration of Ordinance 641, Implementing a Franchise Fee on Electric and Gas Companies for the Operation of the Utility within the City: We have a public hearing scheduled for 7:15 on this item for public comment on the ordinance. The Council reviewed this matter at the work session last Monday and has discussed it at various times before. To recap, the franchise fee is currently set at 2.5% on the usage of gas and electric by utility users in the community. In the history of the franchise fee, the first five years the franchise fee was set at 3% and went into the general fund. I am not familiar with the reasons given at the time for establishing this charge,but as we have learned over time it has become a vital part of the City's revenue budget. Two years ago the City Council considered ways to reduce or eliminate the franchise fee and struck upon the policy of reducing it by .5% every other year until it is eliminated. By setting a year sunset on the ordinance, the Council understood it would revisit this item annually. Last year the Council renewed the ordinance again for one year at 2.5%. The discussion this year has taken a different approach. With the interest expressed in creating a fund for future street improvements, the funding of that fund has led the Council to consider the future of the franchise fee. From the discussion Monday evening, this appears to be the sole reason for consideration of this increase. As I attempted to express on Monday, it is doubtful that franchise fee funds will on their own be able to fund all street improvements in the future,but it appears that intuitively the Council understands that such a fund will require building up the fund to a useful amount. For Monday, the increase to 4% creates an estimated $115,000 to $120,000 of additional revenues. The city's 1999 budget estimate for franchise fee at 2.5% is $195,000. Ordinance 641 authorizes the change and the Council can also determine when or if to sunset it. One year was mentioned Monday, longer periods have been discussed earlier. Some additional comment, while a public hearing is set for Monday everyone should remember that the charter does not require public hearings to be published. The public has the ability to overturn an ordinance after the fact. I have received calls on this subject and notified three people that either would be interested or report that this item is before the Council, Phil Sipe at Sysco,Nancy Ngo at the Pioneer Press and Carol Frey at the Chamber. 10.B. Consideration of Resolution , to Dedicate An Amount of the Franchise Fee Collected in Year 2000 to Street Improvments and Maintenance and Directing Staff to Draft a Dedicated Fund Ordinance for this Purpose: This somewhat clumsily titled item is a follow up to the franchise fee ordinance and an attempt to ensure the purpose the Council has articulated for the fee increase. Hopefully the resolution is clear enough. Essentially, this resolution acts to confirm the Council's reason for the franchise fee increase and give some added time needed to firm up the commitment to this policy objective by ordinance. I expect we should be able to draft up such a thing for the November work session and subsequent approval. To reiterate some of the discussion from Monday, the objective of creating this fund seems to be understood but no definition of future revenues or expenditures can be made at this time. The need to commit to the franchise fee this month is driving the need for the decision on this item now. The dedicated fund still has a number of issues to resolve. One, can and should the City utilize existing tax increment funds that can be reclassified to meet state auditor criteria and therefore be used for a purpose like street improvements. Two, some projections on street assessment revenues could also help in determining cash flow abilities for a dedicated fund. And three, the interest the fund itself can generate to replenish itself also should be looked at. I think staff can review these and report back with some best guess work later in the month. If for some reason the franchise fee is not increased, the same review would take place assuming the creation of a dedicated fund was still an objective. 10.C. Board Appointments—Two Appointments to the Anoka County-Blaine Airport Advisory Commission: I neglected to get an ad out for this newly formed commission and the two appointments Mounds View can make until this week. I wanted to add to the agenda simply to get the notice out again to potentially interested applicants and for Council consideration. Unless the Council has two appointments it can make, we should have two by the next meeting for the MAC to get started on the committee. 10.D.Continuation of Second Reading and Adoption of Ordinance 640 re: Driveways and Street Openings: Jim Ericson's report should cover this item. I may ask to add an item Monday evening. At this point I am not comfortable with what I know about the interfund loan to the golf course. I am waiting for some materials from Jim O'Meara to help explain it to Council. In other business, staff has been approached by the Focus for articles highlighting City business over the past year. We have been given quite a bit a free space so everyone is trying to get some articles written, so when you see them, they were free and written by staff members. There was a good turnout at the I-35W Corridor Coalition meeting with the Met Council on Wednesday. They seemed very impressed with the presentation. Interested Council members can contact me if you would like to see the data and mapping cd rom disk the Coalition distributed. That's it for now. Have a good weekend. PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting September 27, 1999 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:00 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Stigney, Quick and Thomason. NOT PRESENT: None. 3. APPROVAL OF AGENDA A. Monday, September 27, 1999, City Council Agenda Mayor Coughlin asked the Council if anyone would like to add items to the agenda. Mayor Coughlin requested the addition of Item 10-E, to Authorize the Purchase of the Council Chambers Projection System. He explained this would provide that the equipment is available for the Truth in Taxation meeting. Mayor Coughlin requested the addition of Item 10-F, to Ratify Previous Council Actions of the August 23, 1999 City Council Meeting, during which, only three Council Members were present. Mayor Coughlin requested these two items be considered prior to the Closed Session. MOTION/SECOND: Quick/Marty. To Accept the September 27, 1999, City Council Agenda as Amended, With the Addition of Items 10-E, Authorize the Purchase of the Council Chambers Projection System, and 10-F, Ratify Previous Council Actions of August 23, 1999 City Council Meeting, to Precede Item 10-G, Closed Session. Ayes—5 Nays - 0 Motion carried. 4. APPROVAL OF MINUTES A. Monday, September 13, 1999, City Council Minutes Mayor Coughlin requested a correction to Page 1, Item 3, Motion, to include a comma after the date "September 13," and to confirm the vote tally to indicate "Ayes - 4, Nays — 0, Motion carried." Mayor Coughlin requested the word "the" be omitted from Page 3, fourth paragraph, second sentence to indicate "...now available on computer..." Mounds View City Council September 27, 1999 Regular Meeting Page 2 Mayor Coughlin requested a correction to Page 3, fifth paragraph, last sentence to indicate "...and show that the City does stand." Mayor Coughlin requested a correction to Page 10, fourth full paragraph, last sentence, to indicate "...support staff for making this Council an effective..." Mayor Coughlin requested a correction to page 18, fifth full paragraph, first sentence, to indicate "...he objected to it at this time." Mayor Coughlin requested a correction to Page 24, eighth paragraph, to indicate "Mayor Coughlin noted it would take an amendment by Council Member Thomason and Council Member Marty to amend their motion to the change order amount to 10 percent instead of 15 percent." Mayor Coughlin requested a correction to Page 27, last paragraph, second sentence, to remove the space between"$73," and "755.00"to indicate "73,755.00." Mayor Coughlin requested a correction to Page 29, Item K, vote tally, to indicate "Ayes — 4, Nays—0, Motion carried. Mayor Coughlin requested corrections to Page 33, fifth paragraph, second sentence, to indicate "He stated he works with the City Administrator very closely as Mayor, and attends many of the same functions both within the City, and outside the boundaries of the City, and he thought Council Member Stigney's statements could be construed as damaging to Mr. Whiting's character." Mayor Coughlin requested a correction to Page 33, seventh paragraph, first sentence, to indicate "Mayor Coughlin remarked that people used to..." Council Member Marty requested a correction to Page 6, second paragraph, second sentence, to indicate the proper spelling of the name "Patrick Toth." Council Member Marty requested a correction to Page 9, fourth paragraph, first sentence, to indicate "Mr. Jahnke stated another of his concerns was that they were promised that the franchise fees would expire." Council Member Marty requested a correction to Page 10, second paragraph, second sentence, to indicate "...as his father had once stated..." Council Member Marty requested a correction to Page 11, second paragraph third sentence to indicate "...some of the parks in New Brighton..." Council Member Marty requested a correction to Page 17, fourth paragraph, to indicate "...they should also include a date to remove the billboards, when the bonds would be paid off." Council Member Marty requested a correction to Page 24, tenth paragraph, second sentence, to indicate "$19,000." Mounds View City Council September 27, 1999 Regular Meeting Page 3 Council Member Marty requested a correction to Page 31, fourth paragraph, first sentence, to indicate "Council Member Stigney stated he would second the motion..." MOTION/SECOND: Marty/Thomason. To accept the August 23, 1999 City Council minutes as corrected. Ayes— 5 Nays—0 Motion carried. 5. SPECIAL ORDER OF BUSINESS None. 6. REPORTS Council Member Thomason reported she and Mayor Coughlin had attended the Irondale Marching Band Seventh Annual Music of the Night. She stated she was very enthused to see so many talented young people within the community, as well as throughout the Out-state and Wisconsin area. She extended her congratulations to the winning bands, adding that all of the participants had done a very good job. Council Member Stigney reported he had attended the September 15, 1999 Planning Commission meeting. He noted there was consideration of a variance request for a zero-foot garage setback for 2075 and 2081 Hillview Road, as well as a resolution recommending approval of a Conditional Use Permit for an over-sized garage at 8011 Sunnyside Road. He noted discussion was held concerning potential problems relating to the billboard issue, adding that the City Attorney might wish to comment upon this matter. He explained that a question had arisen in regard to allowing billboards only on City property, and that this would most likely result in having to allow them on other property, as well. Council Member Marty reported he had attended a tour of the Northwest Youth and Family Services facilities, for which organization he is the Liaison and a Board member. He stated he had met with Amanda Little and Kay Andrews that date, and he requested the Council invite them to a future Work Session meeting, so they might provide an overview of the programs and services the organization offers. Council Member Marty stated Northwest Youth and Family Services works with youth, as young as age 4, and older. He commented the facility accepts insurance, however, uninsured persons may pay for the services on a sliding scale fee, based upon income. He noted this organization provides mental health counseling, and a youth diversion program for first time offenders found guilty of delinquent acts, which provides one-on-one counseling and an educational seminar, with the opportunity for restitution and community service. He stated they were also coordinating a teen court, for second time, non-violent offenders, which provides an alternative to the traditional justice system, and prevents these youth from being thrown into the court system. He explained these young people will be judged by a jury of their peers, and some of the community service they perform may include serving on a jury for the teen court. Council Member Marty stated Northwest Youth and Family Services includes youth operated businesses, Penny Pinchers, which is a thrift store, and Senior Chore, a program which provides a link with youth willing to perform home chore services with area seniors. He stated there is Mounds View City Council September 27, 1999 Regular Meeting Page 4 also a family support project, and a Young Father's Program, which provides teen fathers with support and planning opportunities to fulfill the rights and responsibilities of parenting. He noted such programs have traditionally been targeted primarily towards young mothers. Council Member Marty stated this organization provides community education, with a variety of presentations and group facilitation on topics such as parenting, anger management, and violence prevention. He added that one of the upcoming programs, alternative health as it relates to mental health, would be a class on herbs and acupuncture and these types of things. He stated that parties interested in any of these services could contact either himself, or Northwest Youth and Family Services, whose telephone number is (651) 486-3808. He added that staff would include this organization on the City Webpage, as well. Mayor Coughlin reported he had attended the regional League of Minnesota Cities meeting held in the city of New Brighton. He stated Representative Barbara Haake was one of the featured speakers at the meeting, and the Governor was also in attendance, however, he did not speak. He noted one of the topics discussed was the Metropolitan Council, and the power it has or does not have over cities. He remarked this was a very good dialogue and he felt it was well worth the time. He commented it was always enjoyable to see Representative Haake in action, as she always "shoots from the hip." Mayor Coughlin reported he and City Attorney Long had met with Senator Novak in his office where they discussed ongoing airport issues, and the legislation that is still alive and well in the House and Senate. He noted some of this discussion pertained to the ongoing litigation the City is involved in. He commented he was very pleased Senator Novak is on the City's side in this debate, as he is an accomplished individual, and will do very well for the City. Mayor Coughlin he was very impressed with the exhibition at the Irondale Band festivities, adding that he "got chills up his spine" during the third movement of their presentation. He stated this was extremely well done, and the movement and artistry of the individuals in the band have gained his admiration. He commented oftentimes, the media represents the worst aspect of America's youth, and it was wonderful to see hardworking, honest kids, doing a great job, using their talents and expressing their God given gifts, so that others may enjoy them as well. He stated he thought this was an extraordinary event, and planned to continue to attend every year in the future, regardless of whether or not he was Mayor. Mayor Coughlin reported he had attended the Parks and Recreation meeting the prior week, and had taken a tour of all the City's parks, and made a visual assessment of the outbuildings and facilities that are available. He stated different commissioners had pointed out a variety of items that could be changed or improved, and some of these recommendations would be brought before the Council at some time in the future. Mayor Coughlin stated there was a lively discussion regarding the role of the Council and the Parks and Recreation Commission, regarding the redevelopment of the parks, and how much emphasis, even during this year's budget process, should be placed upon improving more of the parks, in an expeditious manner. He stated there appeared to be a need for this, particularly in light of the Community Center and the grounds that must be maintained, as well as the campus at City Hall. He noted there is much pressure on the present staff to attempt to complete these tasks, and some items are being neglected, simply because they do not have the necessary manpower. He explained additional responsibilities have been placed upon this group, without Mounds View City Council September 27, 1999 Regular Meeting Page 5 providing for seasonal help, such as hiring high school students for mowing lawns, pulling weeds and other rudimentary work, to bridge the deficit in manpower. He stated this matter would likely be brought forward to the Council at some point in the near future. Acting Administrator Ulrich had no report. City Attorney Long had no report. No further reports were considered. 7. CONSENT AGENDA A. Approve Just and Correct Claims. B. Restaurant License Approval. C. Authorize Staff to Retain SEH to Analyze Stormwater Handling Options for Mermaid Project. D. Authorize Modification of Paragraph 7.5 of the Purchase and Redevelopment Agreement with Vista Construction Regarding 6991 Pleasant View Drive. E. Set Date October 21, 1999) for joint EDC/EDA Public Informational Meeting Regarding Tax Increment Financing. F. Resolution No. 5369, a Resolution Adopting Cable Television Policies for City Meetings. G. Resolution No. 5374, a Resolution to Continue Cable Televising of City Meetings. H. Contractor Licenses for Approval. Mayor Coughlin asked the Council if anyone would like to remove Items for discussion. Mayor Coughlin requested the removal of Items C, D, and E, from the Consent Agenda. He stated these items were intended for inclusion on the EDA Consent Agenda. MOTION/SECOND: Stigney/Marty. To approve the Consent Agenda for Items A, B, F, G, and H, as presented. Ayes— 5 Nays—0 Motion carried. 8. UNFINISHED BUSINESS None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR David Jahnke, 8428 Eastwood Road, stated he was concerned regarding the financial problems of the golf course and the Community Center shower project. He noted Mayor Coughlin's previously referenced scenario regarding "it takes a while to pay for a house," adding he had thought about this. He suggested he could purchase a house, however, if he continued to "throw" money at it, in time he would have so much money invested in the house, he would not be able to get rid of it. He remarked he was concerned the City was "throwing" money at the Mounds View City Council September 27, 1999 Regular Meeting Page 6 golf course. He stated, in his understanding this is approximately$100,000 for the next 16 years, and he was not aware if this was interest free. Mr. Jahnke commented he was aware it takes time to pay for things, however, the citizens were promised the golf course would not cost them anything. He added the golf course was still not making any money, and there was no guarantee that it would. He stated the golf course had hired a new manager and purchased a new truck, without getting rid of the old one. He stated he had discussed this with several residents and Representative Barbara Haake, adding that many people are not aware of what is happening in this regard, however, when they are made aware, they are also very concerned. Mayor Coughlin explained the City has a fair amount of bonds that are outstanding at the golf course, and whether or not they continue operations at the golf course, or pave it over with asphalt, the City continues to have this obligation, which must be met. He added that if he were to purchase a house, invest $100,000 in it, or do nothing to it at all, the original mortgage would still have to be paid, regardless of whether or not he likes it. Mayor Coughlin stated he is two mayors removed from the original decision regarding the golf course, and all that he can do is pray that he will be provided with the wisdom and ability to see that these obligations are met, and the golf course becomes solvent. He commented he believed this would occur eventually, as the obligations will be paid off, however, not in this decade, and the Council's job was to pay the bonds as soon as possible, with as little "bloodletting" as possible. Mayor Coughlin stated any interfund loan that may be required in the short term, will be made at a 5 percent interest rate, which is essentially what the City earns on government bonds which are purchased for savings. He commented that there are no guarantees, and life was not fair. He noted just because he was Mayor, he could not make it fair, neither could he predict if there would be some catastrophic event which might impact this situation. He stated that all they can do is do the best that they can with what God has given them. Council Member Marty added that the golf course is required to pay back these loans with its profits. Council Member Stigney stated the documentation provided to the Council indicated .5 percent interest, payable after 16 years, and upon questioning this, found that it was an error, and should have reflected 5 percent interest, which still will not be repaid until after 16 years. Mayor Coughlin stated this was correct, adding that this is when the obligations will be met, and the golf course will have the money to pay back the loans. He commented that when the obligations are paid, it is hoped that the golf course will assist with funding of projects presently funded through Tax Increment Financing Districts. He pointed out that the Tax Increment Financing Districts will have expired by the time the golf course obligations are satisfied, and this might be a Godsend for a future Council, in that these two events will occur within a year of each other. There were no further requests or comments from the floor. 10. COUNCIL BUSINESS Mounds View City Council September 27, 1999 Regular Meeting Page 7 A. Public Hearing and Consideration of Resolution 5366, a Resolution Contemplating the Issuance of a Conditional Use Permit for an Over-sized Garage at 8011 Sunnyside Road. Mayor Coughlin opened the Public Hearing at 8:29 p.m. Planning Associate Ericson stated the applicant, Donald Mackeben, 8011 Sunnyside Road, is requesting a Conditional Use Permit to expand his garage, and is presently in the process of removing the existing garage, which is 720 square feet, and replacing it exactly as it is, in the same location. He explained, as a result of the expansion, a 320 square foot addition to the rear of the garage, a Conditional Use Permit is required for this project. Planning Associate Ericson stated the subject lot is located north of Highway 10, mid-block between Hillview and Sherwood Roads. He explained that the addition would not be visible from the street, and would be shielded and screened from the view of the neighboring properties. He pointed out that this is a fairly large lot, approximately 165 feet wide, and although there is ample space on either side, the garage is located to one side of the property, and would be in rather close proximity to the south property line. He added, however, there is a good growth of trees and brush in that area, and the view of the property owner to the south will be shielded by the structures on his property therefore, this proposal does not pose any significant impact to the neighborhood. Planning Associate Ericson commented that the Comprehensive Plan allows for this type of structure, and the City encourages its residents to improve their properties. He stated the Planning Commission heard this request at their last meeting, and after reviewing the applicable criteria, and taking public testimony, felt this request should be forward to the City Council with their recommendation of approval. Planning Associate Ericson stated Resolution 5366 approves the Conditional Use Permit, with stipulations presented for this type of use, and provided the Council with a brief overview of the stipulations contained therein. He added it appeared this would be a good addition for the neighborhood, the applicant, and the City. There was no public input. Mayor Coughlin closed the Public Hearing at 8:31 p.m. MOTION/SECOND: Quick/Thomason. To Approve Resolution No.5366, a Resolution Approving a Conditional Use Permit for an 1,040 Square-foot, Over-sized Garage at 8011 Sunnyside Road; Mound View Planning Case No. 569-99. Ayes—5 Nays—0 Motion carried. B. Public Hearing and Consideration of Resolution 5373, a Resolution Certifying Delinquent Accounts to the Associated Property's Property Taxes. Mayor Coughlin opened the Public Hearing at 8:31 p.m. Mounds View City Council September 27, 1999 Regular Meeting Page 8 There was no public input. Mayor Coughlin closed the Public Hearing at 8:31 p.m. Acting Administrator Ulrich stated Accountant Mary Taterick has provided the Council with a brief memorandum regarding this item, and a copy of Resolution No. 5373. She had indicated that two of the property owners have paid their delinquent tax bills in full, to date, and the remainder have until the October 25, 1999 public hearing to pay their bills, before they can be certified. Mayor Coughlin noted this matter had also been posted in the newspaper. Council Member Quick asked if the property owners who had paid their tax bills had been deleted from the resolution, and if this was necessary in order to act upon the resolution at this time. Acting Administrator Ulrich stated they had not been deleted from the resolution, however, he did not believe this was necessary at this time, as they would be removed at the final hearing. MOTION/SECOND: Quick/Stigney. To Approve Resolution No. 5373, a Resolution Certifying Delinquent Accounts to the Associated Property's Property Taxes. Ayes— 5 Nays—0 Motion carried. C. Second Reading and Adoption of Ordinance No. 639, an Ordinance Amending Chapters 1109 and 1110 of the Mounds View Zoning Code Pertaining to Conditional Uses within the R-4 and R-5 Zoning Districts. This ordinance clarifies language regarding assisted living facilities and adds specific parking requirements for such uses. MOTION/SECOND: Quick/Marty. To Waive the Reading and to Approve the Second Reading and Adopt Ordinance No. 639, an Ordinance Amending Section 1109.04 of the Mounds View Municipal Code Pertaining to Conditional Uses Within the R-4, High Density Residential Zoning District; Mounds View Planning Case 559-99. 1. Roll Call/Vote: Thomason, Quick,Marty, Stigney, Coughlin Ayes—5 Nays - 0 Motion carried. D Resolution No. 5375 Approving the 2000 SCORE Recycling Grant Request to Ramsey County. In conjunction with Ramsey County and the State of Minnesota SCORE Program, the City of Mounds View is eligible to apply for grant monies to fund 2000 recycling activities. As a part of the grant application, the City Council must formally request the funding. MOTION/SECOND: Thomason/Stigney. To Approve Resolution No. 5375, a Resolution Approving the 2000 SCORE Recycling Grant Request to Ramsey County. Mounds View City Council September 27, 1999 Regular Meeting Page 9 Ayes— 5 Nays—0 Motion carried. E. Authorize the Purchase of the Council Chambers Projection System. Mayor Coughlin stated Video Producer and Production Coordinator, Patrick Toth, had provided the Council with information regarding this matter, and the projection system, installed, is estimated to cost between $7,000 and$9,000. Mayor Coughlin suggested the Council consider a motion authorizing the purchase of the Council Chambers projection system, not to exceed $9,000. MOTION/SECOND: Quick/Marty. To Authorize the Purchase of the Council Chambers Projection System, Not to Exceed $9,000. Ayes—5 Nays—0 Motion carried. Council Member Stigney asked if the Cable Franchise Fee was the funding source for the projection system. Mayor Coughlin stated this was correct. He explained that the Cable Committee has unanimously approved this item, and has allocated the money for this purchase. He added that the projection system would not only be utilized for Council Chambers, but to augment and modernize the presentation capabilities of the Community Center, as well. Council Member Marty inquired if the projection system would be portable. Mayor Coughlin stated it would be. F. Ratify Previous Council Actions of the August 23, 1999 City Council Meeting. Mayor Coughlin stated the Council had been provided with a list of three items, which were passed on a two-to-one vote at the August 23, 1999 City Council meeting. He explained the Council had inquired of the City Attorney, who was not aware of a City Charter amendment that requires three votes to officially pass an item, and therefore, advised the Council that the two-to- one vote would pass. Mayor Coughlin noted although statutory requirements indicate that the majority of a quorum passes a motion, it has been brought to his attention by Council Member Quick that the City Charter specifically requires a vote of three in order to pass, regardless of the number in the quorum. Mayor Coughlin requested the Council move to ratify the previous Council actions of the August 23, 1999 City Council meeting, Resolution No.5363, a Resolution Authorizing a Golf Course Assistant Position, Resolution No. 5361, a Resolution Approving Traffic Control Signal Agreement for Edgewood Drive and TH 10, and the Authorization of Staff to Hire a New Code Enforcement Staff Member, and to Upgrade the Planning Associate Position. MOTION/SECOND: Quick/Marty. To Ratify Previous Council Actions of the August 23, 1999 City Council Meeting, Resolution No. 5363, a Resolution Authorizing a Golf Course Assistant Position, Resolution No. 5361, a Resolution Approving Traffic Control Signal Agreement for Mounds View City Council September 27, 1999 Regular Meeting Page 10 Edgewood Drive and TH 10, and the Authorization of Staff to Hire a New Code Enforcement Staff Member, and to Upgrade the Planning Associate Position. Ayes— 5 Nays—0 Motion carried. Council Member Stigney requested clarification of the ratification, and inquired if his previous vote, indicating that he was not in support of any of these items, would stand. Mayor Coughlin stated this motion would allow the previous action to stand, however, authorizing three votes in the favor of it. Council Member Stigney inquired if another vote would then be required. Mayor Coughlin stated this was correct. In consideration of the viewing audience, Mayor Coughlin suggested the EDA meeting be held prior to the closed session. The Council agreed. Mayor Coughlin recessed the Council meeting to the EDA meeting at 8:41 p.m. Following adjournment of the EDA meeting, Mayor Coughlin announced the Council would now meet in closed executive session to discuss litigation. He adjourned the regular meeting to a closed executive session at 8:45 p.m. G. Closed Session: Regarding Airport Litigation, City Attorney 11. Next Council Work Session: Monday, October 4, 1999 —6:00 P.M. Next Council Meeting: Monday, October 11, 1999—7:00 P.M. 12. ADJOURNMENT MOTION/SECOND: Quick/Marty. To Adjourn the City Council Meeting at 8:30 p.m. Ayes—5 Nays—0 Motion carried. Transcribed and recorded by: Trish Pearson TimeSaver Off Site Secretarial, Inc. CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS WHEREAS, the City of Mounds View, pursuant to Minnesota Statute 412.141, has full authority over the financial affairs of the City and; WHEREAS, the City Council has reviewed the claim numbers: 13746 through 13755 in the amount of$ 18,423.29 101319 through 101415 in the amount of$ 146,409.22 TOTAL AMOUNT OF CLAIMS PRESENTED: $ 164,832.51 and has found said claims to be just and correct; It was moved that the City Council of Mounds View hereby approve the attached list of claims dated 10/12/99 by the vote ayes nayes. Mayor Clerk-Administrator Date: 10/06/1999 Time: 15:19:41 City of Mounds View Operator: Marge Norquist Page: 1 FM Entry - Invoice - Check Register Ranges: Bank #: (A) Check Date: (A) Check #: (L) 101319, 101320, 101321 Options: Check # Sort Only: N Format: 1 # of copies: 1 Bank # Check Date Vendor # Vendor Name Check # Type Amount 1 09/24/1999 C3022 William Clark 101319 R 3,000.00 09/28/1999 U4000 Michael Ulrich 101320 R 147.87 09/28/1999 Y1000 Yamaha Motor Corp., U.S.A. 101321 R 4.88 Total Regular: 3,152.75 Total Manual: .00 Total Regular & Manual: 3,152.75 Total Voided: .00 Bank Total: 3,152.75 Grand Total: 3,152.75 Date: 10/06/1999 Time: 15:14:58 Operator: Marge Norquist Page: 1 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (A) Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Options: Print: A Sort: C Report Format: 1 Print Ranges/Options: Y # of copies: 1 Process Payroll: N Total By Account: Y Page on Sort: N Check # Vendor Alpha Name Description All Amount 13746 ICMA Retirement Trust ICMA for 10/07/99 4,019.67 Total for Chk 13746 4,019.67* 13747 Edward Jones Money Market for 10/07/9 125.00 Total for Chk 13747 125.00* 13748 Law Enforcement Labor Union Dues for October 462.00 Total for Chk 13748 462.00* 13749 Minnesota Child Suppor Child Support for 10/07/ 690.90 Total for Chk 13749 690.90* 13750 MINNESOTA STATE RETIRE MN Deferred & MN Mutual 432.69 Total for Chk 13750 432.69* 13751 NCPERS Life Insurance Life Ins for PERA for Oc 69.00 Total for Chk 13751 69.00* 13752 Public Employees Retir PERA for 10/07/99 9,668.44 Total for Chk 13752 9,668.44* 13753 Sedgwick E-SNL Life and Dental for Octo 2,347.59 Total for Chk 13753 2,347.59* 13754 Twin City Federal Mort TCF for October 488.00 Total for Chk 13754 488.00* 13755 Western Bank Savings for 10/07/99 120.00 Total for Chk 13755 120.00* 101322 Michael Ulrich Mileage Reimbursement-Se 4823 131.40 Total for Chk 101322 131.40* 101324 A M E Group Material for Comm.Ctr.Dr 4650 279.03 Total for Chk 101324 279.03* Date: 10/06/1999 Time: 15:14:58 Operator: Marge Norquist Page: 2 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 101325 A T & T Phone 4823 1.28 Total for Chk 101325 1.28* 101326 Ace Solid Waste, Inc. Bridges Golf Course 4901 844.77 Total for Chk 101326 844.77* 101327 Addie Lane Floral Flowers-Letendre 4100 47.87 Total for Chk 101327 47.87* 101328 Airtouch 202-4548 4901 280.75 Total for Chk 101328 280.75* 101329 American Office Produc Custom Chairmat 4160 214.75 Total for Chk 101329 214.75* 101330 American Planning Asso Zoning News Publication 4180 55.00 Total for Chk 101330 55.00* 101331 AmeriPride Linen & App Roll Towels 4160 210.16 Total for Chk 101331 210.16* 101332 Associates Commercial Lease Payment 4901 1,693.82 Total for Chk 101332 1,693.82* 101333 Batteries Plus Batteries 4415 429.07 Total for Chk 101333 429.07* 101334 Beisswengers 4650 101.98 Total for Chk 101334 101.98* 101335 Biffs, Inc. Bridges Golf Course 4900 146.50 Total for Chk 101335 146.50* 101336 Bredemus Hardware Co., Exit Devices 4823 120.87 Total for Chk 101336 120.87* 101337 David Brick Conference Reimbursement 4200 234.34 Total for Chk 101337 234.34* 101338 Brinkman Russell, Inc. Coughlin Telephone Reimb 4100 53.55 Total for Chk 101338 53.55* 101339 Broadway Rental Equipm Trencher Rental 4900 110.18 Total for Chk 101339 110.18* 101340 Bumper to Bumper Weathertech Mats 4460 64.32 Total for Chk 101340 64.32* 101341 Burco Granite Signs 4900 1,904.45 Total for Chk 101341 1,904.45* Date: 10/06/1999 Time: 15:14:59 Operator: Marge Norquist Page: 3 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 101342 Cintas - 748 Uniform Rental 4900 705.08 Total for Chk 101342 705.08* 101343 Comm Center Microphone 4200 37.28 Total for Chk 101343 37.28* 101344 Cottens, Inc. Tire Valve 4460 104.90 Total for Chk 101344 104.90* 101345 David-Geoffrey & Assoc Golf Merchandise 4901 1,009.09 Total for Chk 101345 1,009.09* 101346 Driver & Vehicle Servi Vehicle License 4823 1,395.43 Total for Chk 101346 1,395.43* 101347 Elegant Thymes Caterin Youth Chairs 4730 11,042.10 Total for Chk 101347 11,042.10* 101348 Everest Development, L Planning Application ref 250.00 Total for Chk 101348 250.00* 101349 Fantasi International Golf Merchandise 4901 837.78 Total for Chk 101349 837.78* 101350 G C I Systems Transfer Roller, Toner 4160 225.37 Total for Chk 101350 225.37* 101351 Golf Car Midwest Golf Car Lease 4900 382.70 Total for Chk 101351 382.70* 101352 Goodin Company Cop.Tubes 4650 498.35 Total for Chk 101352 498.35* 101353 W. W. Grainger Photocontrol 4360 53.51 Total for Chk 101353 53.51* 101354 Griffin Petroleum Sery Removed old and installe 4900 177.60 Total for Chk 101354 177.60* 101355 Hisdahl, Inc. Awards 4901 93.50 Total for Chk 101355 93.50* 101356 Hornungs Pro Golf Sale Golf Merchandise 4901 81.83 Total for Chk 101356 81.83* 101357 J.G.C., Inc. Beach Concession Stand S 4350 35.04 Total for Chk 101357 35.04* 101358 Johnston Fargo Culvert Spiral Culvert 4360 1,198.00 Total for Chk 101358 1,198.00* Date: 10/06/1999 Time: 15:14:59 Operator: Marge Norquist Page: 4 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 101359 Judd Supply Company EMT, Coupling 4350 1.42 Total for Chk 101359 1.42* 101360 Kath Auto Parts & Mach Halogen Capsule 4462 159.52 Total for Chk 101360 159.52* 101361 Paul Kraska Meter Refund 30.00 Total for Chk 101361 30.00* 101362 League of Minnesota Ci Membership Dues 4100 7,326.00 Total for Chk 101362 7,326.00* 101363 Rebecca J. Leatherman Transcription 4200 30.00 Total for Chk 101363 , 30.00* 101364 Lesco, Inc. Green Flo 4900 2,338.68 Total for Chk 101364 2,338.68* 101365 M.T.I. Distributing Co Switch Box 4900 52.94 Total for Chk 101365 52.94* 101366 MCI Worldcom Phone Charges 4160 128.39 Total for Chk 101366 128.39* 101367 Menards Green Treat 4360 87.06 Total for Chk 101367 87.06* 101368 Menards Fabric 4650 615.10 Total for Chk 101368 615.10* 101369 Metro Council Environm SAC Charges-Sept. 9,355.50 Total for Chk 101369 9,355.50* 101370 Metro Legal Services, Del. to B. Long 4100 18.00 Total for Chk 101370 18.00* 101371 Metrocall State Display Service 4417 59.97 Total for Chk 101371 59.97* 101372 Patricia Michna Conference Expense Reimb 4200 93.28 Total for Chk 101372 93.28* 101373 Micron Government Comp Computer Equipment 4100 2,192.93 Total for Chk 101373 2,192.93* 101374 Midwest Coca/Cola Beverages 4901 378.31 Total for Chk 101374 378.31* 101375 Minnegasco 2850 82nd Lane N.E. 4901 27.94 Total for Chk 101375 27.94* Date: 10/06/1999 Time: 15:14:59 Operator: Marge Norquist Page: 5 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 101376 Minnesota D.A.R.E. Off Fall Seminar 4200 40.00 Total for Chk 101376 40.00* 101377 MN GIS/LIS Consortium Conference 4823 180.00 Total for Chk 101377 180.00* 101378 Karen Morrissey Permit Refund 23.50 Total for Chk 101378 23.50* 101379 Municilite Repair Power Supply 4462 64.00 Total for Chk 101379 64.00* I 101380 Louvica Nash Meter Refund 40.00 Total for Chk 101380 40.00* 101381 New Brighton-Mounds Vi Fall Gala-Jopke 4650 100.00 Total for Chk 101381 100.00* 101382 North Star Turf, Inc. Blades 4900 69.87 Total for Chk 101382 69.87* 101383 Northern Sanitary Supp Towels 4350 62.99 Total for Chk 101383 62.99* 101386 Northern States Power 7840 Pleasant View-Nite 4350 20,601.76 Total for Chk 101386 20,601.76* 101387 Nott Company Roller Chain-Conn. Link 4465 36.86 Total for Chk 101387 36.86* 101388 Pace Analytical Well Testing 4825 77.00 Total for Chk 101388 77.00* 101389 Matt Parrott & Sons Co Restocking Charge 4350 1,061.39 Total for Chk 101389 1,061.39* 101390 Timothy Pittman Boot Reimbursement 4462 54.99 Total for Chk 101390 54.99* 101391 Pomp's Tire Service, I Wheel Framework 4900 170.76 Total for Chk 101391 170.76* 101392 Ramsey County Property Tax 4350 1,255.45 Total for Chk 101392 1,255.45* 101393 Rent All Minnesota Sod Cutter rental 4350 42.37 Total for Chk 101393 42.37* 101394 Short-Elliott & Hendri Water Resources Services 4650 9,690.57 Total for Chk 101394 9,690.57* Date: 10/06/1999 Time: 15:14:59 Operator: Marge Norquist Page: 6 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 101395 Sign-A-Rama, U.S.A. 4 Vinyl Signs 4900 146.10 Total for Chk 101395 146.10* 101396 Ralph Sipple Event Refund 796.40 Total for Chk 101396 796.40* 101397 Snyders Postal Charges 4350 78.95 Total for Chk 101397 78.95* 101398 Joan Soebbing Meter Refund 40.00 Total for Chk 101398 40.00* 101399 Spring Lake Park Lumbe Sand Mix 4470 37.06 Total for Chk 101399 37.06* 101400 City of Spring Lake Pa Sewer Charge 4823 547.30 Total for Chk 101400 547.30* 101401 City of St. Paul Asphalt 4470 606.69 Total for Chk 101401 606.69* 101402 Stanway Excavating, In Silver View Trail work 4380 1,900.00 Total for Chk 101402 1,900.00* 101403 Streichers Professiona Flasher, Headlight, Tail 4462 47.87 Total for Chk 101403 47.87* 101404 Sun Newspapers Housing Inspector Ad 4160 115.60 Total for Chk 101404 115.60* 101405 Superior Ford Ford 3/4 Ton Pickup 4823 21,099.00 Total for Chk 101405 21,099.00* 101406 Sysco Food Services of Franks, Buns, Chips, Can 4901 215.28 Total for Chk 101406 215.28* 101407 T J's Sprinkler System Sprinkler System 4650 14,103.00 Total for Chk 101407 14,103.00* 101408 The Tape Company Pro VHS Sleeves 4826 104.12 Total for Chk 101408 104.12* 101409 Time Saver Planning Comm.Mtg. 9/15 4180 613.75 Total for Chk 101409 613.75* 101410 U. S. Filter Distribut 5' Hydrafinder Flags 4823 511.20 Total for Chk 101410 511.20* 101411 U. S. West Communicati Listen Only Voice Mail 4200 55.38 Total for Chk 101411 55.38* Date: 10/06/1999 Time: 15:14:59 Operator: Marge Norquist Page: 7 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 101412 U. S. West 783-7491 4350 845.65 Total for Chk 101412 845.65* 101413 United Rentals, Inc. Grader Bar 4650 904.21 Total for Chk 101413 904.21* 101414 Zacks Replacement Bulbs 4462 40.47 Total for Chk 101414 40.47* 101415 Zep Manufacturing Co. Zep Flash 4460 506.95 Total for Chk 101415 506.95* Grand Total 143,256.47* ©01;W©I ,9Phone: (612) 717-4000 0 EW Fax: (612) 784-3462 11110iRIDO°cress. Partners`' September 1, 1999 Ms. Geri Grosslein 8455 Red Oak Drive Mounds View MN 55112 RE: Residential Dog Kennel License Renewal Dear Ms. Grosslein: Your residential dog kennel license expired on August 31, 1999. Enclosed you will find a new set of the required license application forms. Your cooperation in promptly completing and submitting these forms, along with the license renewal fee of$30.00, will be greatly appreciated. If you have any questions, please feel free to call me at 612-717-4029 or kevinc@rcmnet.org. Thank you. Sincerely CI ::: ► S '�IW Economic Deve .sment Coordinator tPRINTED INWITHK TM 2401 Highway 10• Mounds View, MN 55112-1499. tai SOY recycled paper Equal Opportunity Employer all OF v ©MSA CITY OF MOUNDS VIEW 2401 HIGHWAY 10 OEN MOUNDS VIEW,MN 55112 °8h4_ParmacitAs LICENSE APPLICATION FORM Date of Application q- G%- c1 C1 Business Name WI ' Phone Business Address Al /11 . Owners/Corporate Officers/ sociates/Partners (name and title:) Ak 17 Have you ever had a license revoked? If yes, attach explanation. References: Cities where previously or currently license for same activity(name of City and year(s) licensed) Aft/A - Applications for the following licenses must complete the applicable section on the reverse side of this form: ► Bowling Alleys Gasoline Stations ► Automobile Sales / Kennels ► Cigarette and Tobacco ► Restaurants ► Dance Halls I hereby certify that information provided on this application is true and hereby correct and understand any misrepresentation made herein may be ground for denial of this application. 0-t •re?5. Applicants's Full Name e cc 1 d ,' Y'1..,e ; I e , r (Please print) Date of Birth 1 0/ /'7 / 1/ ) / /] Applicant's Signature 47....e.A._,,,x_ed.i.„1„ , -� (_16,.-1-ti. TAX CLEARANCE Pursuant to Minnesota Statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authoring is required to provided to the Minnesota Commissioners of Revenue your Minnesota Business Tax Identification Number and the social security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following regarding the use of this information: 1. This information may be used to deny the issuance, renewal or transfer of your license in the event you owe the Minnesota Department of Revenue delinquent taxes, penalties or interest; 2. Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Agreement, the Department of Revenue may supply this information to the Internal Revenue Service; • 3. Failure to supply this information may jeopardize or delay the processing of your licensing issuance of renewal application. Please supply the following information and return along with your application to the agency issuing the license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE. License Being Applied for or Renewed: --k4 .t5 r r'-c. r► & 1 \ o Licensing Authority: City of Mounds View License Renewal Date: 8-31-99 Personal Information: /C t Applicant's Name: E=:_ca._ 14- •“r,0:,.31 P;r1 �4'� Applicant's Address: 'f 3� 6%a / t) (— Social Security Number: ,'7 i - 0 2 Business Information: Business Name: Business Address: Minnesota Tax Identification# Federal Tax Identification# If Minnesota Tax Identification number if not required, please explain. Signature: = Company: P Y• CERTIFICATION OF COMPLIANCE MINNESOTA WORKERS' COMPENSATION LAW Minnesota Statute, Section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business or engage in an activity in Minnesota until the applicant presents acceptable evidence of compliance with the workers' compensation insurance coverage requirement of Chapter 176. The information required is:the name of the insurance company, the policy number, and dates of coverage or the permit to self insure. This information will be collected by the licensing agent and retained in their files. This information is required by law, and licensing and permit to operate a business may not be issued or renewed if it is not provided and/or falsely reported. Furthermore, if this information is not provided or falsely stated, it may result in a$2,000 penalty assessed against the applicant by the Commissioner of the Department of Labor and Industry. Insurance Company Name: (NOT the insurance agent) Policy Number: Date of Coverage: To (OR) I am not required to have workers' compensation liability coverage because: I have no employees ( ) I am self insured(include permit to self-insure) ( ) I have no employees who are covered by the workers' compensation law(these include: Spouse,Parents, Children and certain farm employees) I certify that the information provided above is accurate and complete and the a valid workers' compensation policy will be kept in effect at all times equired by law. Print Full Name: i`a I ► 1Ve 5 I e b* Doing Business As: Business Address: City, State, Zip: Phone: Signature: N:\USERS\CARIS\BACKUP\LYNNETTE\LICENSES\WORKERSC.FRM 7 n RESOLUTION NO. 5378 CITY OF MOUNDS VIEW, MINNESOTA A RESOLUTION AUTHORIZING APPLICATION FOR LIVABLE COMMUNITIES DEMONSTRATION PROGRAM WHEREAS the City of Mounds View is a participant in the Livable Communities Act's Housing Incentives Program for 1998 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account; and WHERES the City is a member in good standing with the North Metro I-35W Corridor Coalition, a Minnesota joint power organization under Minnesota Statutes, 1994, Section 471.59; and WHEREAS the City and the Coalition have identified a proposed project within the Coalition geographic area that meets the Demonstration Account's purpose/s and criteria; and WHEREAS the City and the Coalition have the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS the City concurrently certifies with other Coalition members that they will comply with the applicable laws and regulations as stated in the contract agreements; and WHEREAS the City Council of Mounds View agrees to act as co-legal sponsor with other Coalition members for the project for the project contained in the Demonstration Account application submitted on September 30, 1999; BE IT FURTHER RESOLVED that the City Manager/Administrator is hereby authorized to apply to the Metropolitan Council for the funding on behalf of the City of Mounds View and to jointly execute with other Coalition members such agreements as are necessary to implement the project on behalf of the City and Coalition as joint applicants. Adopted this 11th day of October, 1999. Dan Coughlin, Mayor Attest: Charles S. Whiting, Clerk-Administrator I ORDINANCE NO. 641 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON NORTHERN STATES POWER COMPANY ELECTRIC AND NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Mounds View. a. Pursuant to City Ordinance No. 517 and Ordinance No. 518,which are the Franchise Agreements ("Franchise Agreements") between the City of Mounds View (the "City") and Northern States Power Company(the"Company"), a franchise fee of not more than four(4)percent of the Northern States Power Company's ("NSP") gross operating revenues may be imposed by the City at any time during the 20 year term of the Franchise. The franchise fee is paid as full compensation for the rights to transmit and furnish electric energy for light, heat,power and import, transport, sell and distribute natural gas for heating, illuminating and other purposes as outlined in Section 2 of Ordinance Nos. 517 and 518. b. Pursuant to Ordinance No. 622 effective January 16, 1999, the City imposed a franchise fee under NSP's electric and natural gas Franchise Agreements in the amount of two and one-half(2.5)percent of NSP's gross revenues, as defined in Section 4.2 of the Franchise Agreements, subject to a sunset on December 31, 1999. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on NSP under its electric and natural gas Franchise Agreements in the amount of two and one-half(2.5)percent of NSP's gross revenues, as defined in Section 4.2 of the Franchise Agreements, commencing with the NSP's January 2000 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4 of the Franchise Agreements. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission requires each said utility company to add to its effect rates for the utility service on which the public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. SJR-1 69975 MU125-63 Subd. 5. Proof of Company Gross Revenues. NSP shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. NSP shall permit the City and its designated representative free access to the company's records for the purpose of verifying such statements. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreements. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise Agreements, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordinance upon NSP by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2001. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this day of , 1999. Read and passed by the City Council of the city of Mounds View this day of , 1999. Dan Coughlin, Mayor Charles S. Whiting, City Clerk/Administrator APPROVED AS TO FORM: Robert C. Long, City Attorney SJR-169975 MUI 25-63 ,411141 ORDINANCE NO. 643 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE IMPLEMENTING A FRANCHISE FEE ON RELIANT ENERGY MINNEGASCO NATURAL GAS OPERATIONS WITHIN THE CITY OF MOUNDS VIEW THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City of Mounds View Municipal Code Appendix D is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Mounds View City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide natural gas and electric services within the City of Mounds View. a. Pursuant to City Ordinance No. 625, a Franchise Agreement between the City and Reliant Energy Minnegasco ("Minnegasco"), the City has the right to impose a franchise fee of not more than four(4)percent on Minnegasco in amount and fee designs as set forth in Section 4.1 of the Minnegasco Franchise. b. Pursuant to Ordinance No. 634 effective , 1999, the City imposed a franchise fee under Minnegasco's natural gas Franchise Agreement in the amount of two and one-half(2.5) percent of Minnegasco's gross revenues, as defined in Section 4.1 of the Franchise Agreement, subject to a sunset on December 31, 1999. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Minnegasco under its natural gas Franchise in the amount of two and one-half(2.5) percent of Minnegasco's gross revenues, as defined in Section 4.1 of the Franchise commencing with the Minnegasco's January 2000 billing month. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 4.4 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission requires each said utility company to add to its effect rates for the utility service on which the public utility gross earnings fee is imposed, a surcharge to reimburse such utility company for the cost of the fee. Subd. 5. Proof of Company Gross Revenues. Minnegasco shall make each payment when due and shall quarterly furnish a complete and correct statement of gross revenues for said quarter. Minnegasco shall permit the City and its designated representative free access to the company's records for the purpose of verifying such statements. SJR-1 69974 MU210-14 Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreement. Subd. 7. Effective Date of Franchise Fee. Notwithstanding the effective date of this ordinance and notwithstanding any contrary provisions in Section 4 of the Franchise, the effective date of the fee collected under Subdivision 2 of this ordinance is the later of ten (10) days after the publication and after the sending of written notice enclosing a copy of this adopted ordinance upon Minnegasco by certified mail. Subd. 8. Sunset Clause. This ordinance shall automatically sunset on December 31, 2001. SECTION 2. This ordinance takes effect as provided herein. Read by the City Council of the City of Mounds View this day of , 1999. Read and passed by the City Council of the city of Mounds View this day of , 1999. Dan Coughlin, Mayor Charles S. Whiting, City Clerk/Administrator APPROVED AS TO FORM: Robert C. Long, City Attorney SJR-169974 MU210-14 RESOLUTION NO. 5379 A RESOLUTION TO DEDICATE THE INCREASE IN FRANCHISE FEES FOR FISCAL YEAR 2000 TO STREET IMPROVEMENTS AND MAINTENANCE, AND TO DIRECT STAFF TO DRAFT ORDINANCE LANGUAGE CREATING A DEDICATED FUND AND STATED PURPOSE FOR LONG TERM FUND MANAGEMENT FOR STREET IMPROVEMENTS AND MAINTENANCE WHEREAS, the Mounds View City Council has studied the City's streets improvements and maintenance policies, the assessment policies and street construction specification criteria in an attempt to improve street construction project development for the City and for residents; and WHEREAS, the City Council determines it would be in the best interest of the City and its residents to have a City fund dedicated to funding the necessary street improvement and maintenance projects expected in the community for the future; and WHEREAS, the City Council is considering options for developing this fund including funding sources and appropriate use of such funds for streets improvement; and WHEREAS, the City Council is choosing to increase the gas and electric utility franchise fee collected from gas and electric service users with the expectation that the increased percentage of the collected franchise fee will be earmarked for this new streets improvement fund, THE CITY COUNCIL HEREBY RESOLVES to dedicate the difference of franchise fee revenue collected from the 1999 rate of 2.5% rate and the 2000 rate of 4%to a streets improvements fund, and FURTHER RESOLVES to direct City staff to draft ordinance language to clarify the purpose and use of a streets improvement dedicated fund for City Council review in November of 1999. Adopted this 11th day of October, 1999. Mayor Dan Coughlin Attest: Clerk Administrator Charles S. Whiting Item No. Staff Report No. Meeting Date: October 11, 1999 Type of Business: CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Second Reading and Adoption of Ordinance 640, an Ordinance Amending Title 900, Chapter 902 of the Mounds View Municipal Code Relating to Driveways and Repealing Provisions of Chapter 902 Relating to Street Openings Date of Report: October 7, 1999 Background: This ordinance has been before the Council on three prior occasions, once for its first reading on August 23, 1999 and again for the second reading on September 13, 1999, and then once more for discussion on October 4, 1999. The last version of the ordinance added language pertaining to non-conforming driveways. Discussion: Given your familiarity with this ordinance and because no changes have been made since its presentation to the Council on October 4, 1999, staff is electing to save a tree and not include it with your report. If there are any questions about the ordinance, please bring the version distributed with your October 4th packet. To refresh your memory, the language concerning non- conforming driveways is as follows: Subd. 2. Existing,Non-conforming Driveways:Permanent-surfaced driveways which do not conform to the City Code may be rebuilt, reconstructed or replaced in the same manner,fashion and location as before unless the location of said driveway poses a significant public safety hazard. If a requested building permit is denied due to the presence of such a public safety hazard, the applicant may appeal the decision in writing to the City Council. For the purpose of this subdivision, a permanent surface shall mean bituminous, concrete or brick. (Ord. 640, 10/11/99) Recommendation: Adopt Ordinance 640 as presented and direct staff to arrange for its publication in the City's official newspaper. James Ericson Planning Associate C:\Or'r'10E\WPWIN\WPDOCS\ORDINANC\640\REPORT2.CC