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HomeMy WebLinkAboutAgenda Packets - 2000/09/25M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\09-25-00\Agenda -- City Council.doc CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY, SEPTEMBER 25, 2000 1. CALL MEETING TO ORDER 2. ROLL CALL: Coughlin, Quick, Marty, Stigney, Thomason 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. September 11, 2000 5. SPECIAL ORDER OF BUSINESS: A. Recognition of Mike Ulrich for serving as Interim City Clerk Administrator. 6. REPORTS 7. CONSENT AGENDA A. Approve Just and Correct Claims B. Licenses for Approval C. Resolution 5466 Establishing Fees for Tattoo and Body Piercing Licenses 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 7:05 A. Public Hearing, Discussion and Consideration of Resolution 5476, a Resolution Regarding the Development Stage of the Proposed Mermaid PUD. [Continue Public Hearing and Table Action to October 9, 2000] B. Discussion and Consideration of Resolution 5477 a Resolution Approving a Minor Subdivision of 2488 and 2474 County Road H2, Requested by RTM Management, Inc. ~ Jim Ericson C. Discussion and Consideration of Resolution 5458, a Resolution Approving the Mounds View City Hall Addition Final Plat ~ Jim Ericson D. Consideration of Charter Commission Resolution 2000-04 City Council Meeting M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\09-25-00\Agenda -- City Council.doc September 25, 2000 Page –2- E. Consideration of Charter Commission Resolution 2000-05 F. Consideration of Charter Commission Resolution 2000-06 G. Consideration of Charter Commission Resolution 2000-07 H. Consideration of Charter Commission Resolution 2000-09 I. First Reading of Ordinance 671 re: 2001 NSP Franchise Fee- Bruce Kessel J. First Reading of Ordinance 670 re: 2001 Minnegasco Franchise Fee- Bruce Kessel 11. Next Council Work Session: Monday, October 2, 2000 Next Council Meeting: Monday, October 9, 2000 12. ADJOURNMENT PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Regular Meeting September 11, 2000 Mounds View City Hall 2401 Highway 10, Mounds View, MN 55112 7:03 P.M. 1. MEETING IS CALLED TO ORDER 2. ROLL CALL: Coughlin, Marty, Stigney and Thomason. NOT PRESENT: Council Member Quick. 3. APPROVAL OF AGENDA A. Monday, September 11, 2000, City Council Agenda. Mayor Coughlin asked the Council if anyone would like to add items to the agenda. Mayor Coughlin noted that item 7B would be removed from the agenda. He then explained that he would like to add a Special Order of Business under 5B that being Ramsey County Commissioner Tony Bennett to speak on the Highway 10 safety issues. A consensus was reached, due to the fact that there was not a full Council present, to hold over Council Business items 10F through 10J to be heard at the next regular meeting of the Council. Council Member Stigney stated he was not in favor of holding over Items 10F through 10J. No further additions or corrections were noted. MOTION/SECOND: Marty/Thomason. To accept the September 11, 2000, City Council Agenda as revised, dispensing with the reading of all ordinances and resolutions unless otherwise requested and to carry over consideration of Council Business items 10F through 10J for consideration at the next regular meeting of the Council. Ayes – 3 Nays – 1 (Stigney) Motion carried. Council Member Quick was not present for the vote. Mounds View City Council September 11, 2000 Regular Meeting Page 2 4. APPROVAL OF MINUTES A. Reconsideration of Monday, August 14, 2000, City Council Minutes. Mayor Coughlin noted that it has been verified by Staff that one of the corrections requested by Council Member Stigney to the Monday, August 14, 2000 City Council minutes, Page 12, second paragraph, item B, to indicate “Ordinance 633” (instead of 653), is incorrect. MOTION/SECOND: Marty/Stigney. To reconsider the Monday, August 14, 2000, City Council minutes and approve as presented. Ayes – 4 Nays - 0 Motion carried. Council Member Quick was not present for the vote. MOTION/SECOND: Stigney/Marty. To approve the Monday, August 14, 2000, City Council minutes as they are correct. Ayes - 4 Nays - 0 Motion carried. Council Member Quick was not present for the vote. B. Monday, August 28, 2000, City Council Minutes. Mayor Coughlin indicated he and the Council had found no errors in the Minutes. MOTION/SECOND: Marty/Stigney. To approve the Monday, August 28, 2000, City Council minutes as presented. Ayes – 4 Nays - 0 Motion carried. Council Member Quick was not present for the vote. 5. SPECIAL ORDER OF BUSINESS A. Presentation of Resolution of Commendation to Firefighter Raymond Reynolds Mayor Coughlin read in full and presented a resolution of commendation to Firefighter Raymond Reynolds for his 16 years of service to the City of Mounds View Fire Department. Raymond Reynolds thanked the Mayor and Council. B. Presentation and Comments from Commissioner Tony Bennett Regarding Resolution 5474 Mounds View City Council September 11, 2000 Regular Meeting Page 3 Mayor Coughlin gave a brief overview of Resolution 5474 and reiterated that it was the City’s wish to request as soon as possible Ramsey County investigate and implement the following changes to improve pedestrian safety on Highway 10: 1. Reduce the speed limit on County Highway 10 from 50 mph to 40 or 45 mph. 2. Install additional speed limit signs. 3. Increase signal pedestrian walk time. 4. Increase crosswalk signage and identification. 5. Increase crosswalk marking visibility. Mayor Coughlin then introduced and welcomed to the Council meeting Commissioner Bennett. Commissioner Bennett thanked the Mayor for inviting him to the meeting and said that after Resolution 5474 is adopted he will bring the safety concerns to the attention of Dan Solar in an attempt to expedite changes. Commissioner Bennett reported the Chief of Police had indicated a problem involving County Road H and County Road 10 where there was not room for vehicles making a left turn and they were blocking the straight lanes. He explained there is now new blacktop and cones and once the project is completed there will be a left, straight, and right turn lanes which should alleviate the traffic and safety hazard. Commissioner Bennett indicated his willingness to work with the State of Minnesota to lower the speed limit on County Road 10. Mayor Coughlin noted he had worked with the Legislature to pass legislation to allow cities to change their crosswalk signs to allow for longer walk times and said he would like to see that implemented on County Road 10 to improve pedestrian safety. Commissioner Bennett commented despite the Highway 10 re-route he is surprised to see that there is still a high volume of traffic on County Road 10. Commissioner Bennett said he had been in law enforcement for 30 years and in his experience speed limits are one of the toughest things to change because human nature is such that people set their own speed limit. He agreed, however, that lowering the speed limit would allow the Police Department to enforce the new speed limit by tagging violators. Council Member Marty said he had talked to Commissioner Bennett earlier on this date and would like to thank him for the new stoplights on County Road H2 and County Road 10. He said he sees a vast improvement and stated he was pleased with the excellent response to the request for new stoplights. Mounds View City Council September 11, 2000 Regular Meeting Page 4 Commissioner Bennett indicated that he would pass Council Member Marty’s comments on to the Public Works staff. Commissioner Bennett then commented on cutting the budget for public works and expressed his concern that this would eliminate funds for some of the little things requested of Public Works. He said he hopes it won’t affect some of the items requested in Resolution 5474. Council Member Stigney noted Ramsey County is asking for an 8% increase in taxes. Commissioner Bennett indicated the Commissioners will be passing an increase in taxes of no more than 4.26%. He also indicated that to do in 2001 what they did in 2000 it will cost $12 million plus dollars which is an 8% increase but that the Commissioners believe they will be able to pare it down to 4.26%. Mayor Coughlin thanked Commissioner Bennett for coming. 6. REPORTS Council Member Stigney had no report. Council Member Marty noted the Planning Commission will have a couple of issues coming to the Council and one is Consent Agenda item 7J, the request by MSP Real Estate, Inc., for a one year extension of a conditional use permit for a senior assisted living facility at 2670 County Road I. He indicated that the Planning Commission has raised good issues on safety for the facility and is going to require that the development plan be re-addressed before approval. He thanked the Planning Commission for a job well done. Council Member Marty noted there is a City wide recycling/clean up day on September 23, 2000 and indicated that residents may bring any household items they wish to recycle to the Public Works building for a greatly reduced fee. Council Member Thomason had no report. Mayor Coughlin explained part of the clean up is funded by Ramsey County in the form of a grant that the City receives from the County. Mayor Coughlin noted he will be attending an I-35W Corridor Coalition meeting on Wednesday, September 13, 2000 from 5:30 p.m. to 8:30 or 9:00 p.m. and is looking for a Council Member to attend the workshop with him. Acting City Administrator Ulrich was not present. Community Development Director Jopke sat in as acting City Administrator. City Attorney Long indicated a need to add one item to the agenda regarding Resolution Number 5478 putting Ordinance No. 661 proposing to amend Chapter 6 of the Mounds View City Charter Mounds View City Council September 11, 2000 Regular Meeting Page 5 relating to a City Manager form of government and Ordinance No. 662 proposing to amend Chapter 2 of the Mounds View City Charter changing the term of the Office of Mayor from two (2) to four (4) years and fixing the form of the ballot as prepared by City Attorney Long to City voters at the upcoming November 7, 2000 General Election. Assistant to the City Administrator Reed explained the primary election will be held on Tuesday, September 12, 2000 from 7:00 a.m. until 8:00 p.m. She also indicated confusion as to the location of the polling place and clarified the location to be the Mounds View Community Center on Edgewood Drive. No further reports were considered. 7. CONSENT AGENDA A. Approve Just and Correct Claims. B. Licenses for Approval. – This item was previously removed from the agenda. C. Adopt Resolution No. 5467 Calling for a Public Hearing By the City Council on the Proposed Modifications to the Tax Increment Financing Plans For Tax Increment Financing Districts NOS. 1, 2, 3 Within the Mounds View Economic Development Project Area. D. Consider Resolution No. 5468 Adopting Affirmative Action Plan. E. Consider Resolution No. 5469 Granting Variance of Street Light Installation Standards. F. Consider Resolution No. 5470 Ratifying the Public Works Bargaining Unit Contract 2001 – 2002. G. Consider Resolution No. 5471 Extending Health Insurance Contribution for Public Works Bargaining Unit and Non-Union City Employees. H. Consideration of Resolution No. 5474, Requesting that Ramsey County Investigate and Implement Pedestrian Safety Improvements on County Highway 10. I. Police Civil Service Commission Eligibility and Standing List for Hiring— Approval. J. Approval of Resolution 5475, a Resolution Approving a One-Year Extension of a Conditional Use Permit for a Senior Assisted Living Facility at 2670 County Road I, requested by MSP Real Estate, Inc. K. Set a Public Hearing for 7:05 p.m., Monday, September 11, 2000 to Consider Resolution 5476, a Resolution Approving the Development Stage of the Proposed Mermaid PUD. Mayor Coughlin noted Item B has been removed from the agenda and Item K has a wrong date. He indicated the correct date should be September 25, 2000. Mayor Coughlin asked the Council if anyone would like to remove items for discussion. Council Member Stigney requested that Items F and G be removed. Mounds View City Council September 11, 2000 Regular Meeting Page 6 Council Member Stigney asked for clarification on what it meant to consider the items meaning if Council “considered” it, would it be approved or not. Mayor Coughlin noted it would be approved if considered. Council Member Marty had a point of order question on Item 7D. He said in looking through the document the organizational chart page was blank and asked if the Council was adopting the resolution, if the chart should be completed in order for adoption. Assistant to the City Administrator Reed explained it was not included in the electronic copy because of software compatibility issues. She said she had a paper copy with her and passed it out to Council. Council Member Marty also asked about another chart being blank. Assistant to the City Administrator Reed explained the City only has 45 employees and, therefore, is not required to fill in the chart. Assistant to the City Administrator Reed also explained that the organizational chart is much the same as 1997 but for title changes. MOTION/SECOND: Marty/Stigney. To Approve the Consent Agenda for Items A, C, D, E, H, I, J, and K as presented. Ayes – 4 Nays – 0 Motion carried. Council Member Quick was not present for the vote. In reference to Consent Agenda Items 7F and 7G Council Member Stigney indicated he is not in favor of 7F because he would like the term to remain at one year. In regard to 7G he indicated he would prefer to wait on adoption due to the fact there will be a new City Administrator starting soon and he feels they should be involved in the discussion. Council Member Stigney noted he was not going to vote for either item in their present form. MOTION/SECOND: Thomason/Marty. To Approve the Consent Agenda for Items 7F and 7G as presented. Mayor Coughlin indicated the Interim City Administrator has been actively involved in the decision making process and he sees no need to delay until the new hire is in place. Ayes – 3 Nays – 1 (Stigney) Motion carried. Council Member Quick was not present for the vote. 8. UNFINISHED BUSINESS Mounds View City Council September 11, 2000 Regular Meeting Page 7 None. 9. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR Dan Lamm of 2305 Sherwood Road said on July 17, 2000 he and other residents affected by the ponding issue attempted to attend a work session meeting where Rice Creek Watershed officials discussed the ponding issue and gave a presentation to the Council but they had an incorrect time and arrived as the meeting was ending. Mr. Lamm noted some of the residents were talking with Rice Creek Watershed officials regarding their willingness to discuss and provide information on the ponding issue and agreed to schedule a meeting between the residents involved and Rice Creek Watershed officials. Mr. Lamm noted Interim City Administrator Ulrich questioned the legalities of an unofficial meeting and no meeting was ever scheduled. Mr. Lamm inquired as to if an informal meeting would have been illegal. City Attorney Long indicated if official business is being conducted and a quorum of the body is present, then proper notice of the meeting must be given. He indicated it was a slightly gray area but in his opinion any meeting containing discussions that could potentially lead to decision making at the Council level could be considered illegal and in violation of the open meeting law and as such he would recommend that a private meeting not take place. Mayor Coughlin noted work sessions always start at 6:00 p.m. Mayor Coughlin explained the liaison appointed by the Council is willing and trying to set up a time to replay the video of the meeting in its entirety for the residents. Mr. Lamm explained the residents reached an agreement with Interim City Administrator and the Rice Creek Watershed officials to hold a meeting and the residents would like that meeting scheduled. He then noted there has been nothing but confusion and misinformation surrounding the ponding issue and requested the matter be clarified. Mayor Coughlin stated as soon as the City received information from Rice Creek, a plan would be drafted and the residents would be able to ask questions and give input. Mayor Coughlin said that he is not “married” to the project and if the residents are opposed he would not be in favor of moving forward with the project. Mr. Lamm said the residents want more information to be able to address the Council before there is a plan. Mayor Coughlin indicated his willingness to help facilitate a meeting between the residents and the Rice Creek Watershed officials to present the information that was presented to the Council. Mr. Lamm noted the resident’s dissatisfaction with the liaison due to the fact he has not provided information as to who is on the mailing list and access to the tape as requested. Mounds View City Council September 11, 2000 Regular Meeting Page 8 Mayor Coughlin indicated the delay may be caused by the question of the legality of disseminating a complete mailing list. He told Mr. Lamm a copy of the list would be provided if it is legal to do so. Michelle Sandback of 2356 Sherwood Road asked if the City has looked at the fair market value of the land that the pond may go on. Mayor Coughlin said the City is not yet far enough along to have researched the fair market value of the proposed ponding area. He indicated if the project moves forward, as a part of the process, a fair market value will be determined for the land. Ms. Sandback indicated MNDOT does not have an appraisal for the land and that is why they are not getting a sound wall. Mayor Coughlin indicated MNDOT will allow placement of an earthen berm on their right of way. Council Member Marty pointed out the earth for the berm will come out of the area where the pond is, if the ponding project is approved. He said he understands the frustration of the residents and will look into getting the confusion cleared up. Mayor Coughlin said he will let residents know via e-mail and public forums if the City can get something decided yet this year on the sound wall issue. Wayne Bebard of 2348 Sherwood Road said he came to the meeting to let the Council know that the sound quality on the tape at home is very poor and he had to come to the meeting in order to hear it. Doris Helman of 3034 Ardmore Avenue said she had intended to watch the Council meeting but the sound quality was so poor she came to the meeting and arrived late so she asked the Council to tell her what Commissioner Bennett said when he spoke before the Council. Mayor Coughlin recalled the discussion between the Council and Commissioner Bennett regarding the issues that Resolution 5474 covers. There was no further resident input. Council Member Marty said he had spoken to Commissioner Bennett on the telephone about lowering the speed limit and he had also spoken to Community Development Director Jopke about it who indicated he was doing research on the City level to lower the speed limit. 10. COUNCIL BUSINESS A. Public Hearing, Second Reading and Adoption of Ordinance 668, an Ordinance Vacating a Sign Easement No Longer Serving a Public Purpose. Mayor Coughlin opened the Public Hearing at 7:58 p.m. Mounds View City Council September 11, 2000 Regular Meeting Page 9 Planning Associate Ericson explained that in conjunction with the platting of the properties associated with the Walgreens Planned Unit Development, a survey was done on the Midland Videen land, which revealed two sign easement areas. One easement area is a perpetual easement originally dedicated to Naegle for the siting of a billboard and is improved accordingly. The second easement area, located at the northeast corner of Highway 10 and the old alignment of Edgewood Drive, was dedicated to the owners of the Bel Rae Ballroom, who had used the location for their Bel Rae Ballroom sign. When the City purchased the Bel Rae Ballroom, it also acquired the rights to this easement area. Planning Associate Ericson explained that the City is not currently using and has no future intent to use this area for signage or for any other purpose. Because the easement overlaps the area contemplated by the Walgreens PUD and because the area does not serve a public purpose, the easement area should be vacated. Ordinance 668 is the document which would accomplish the proposed vacation. The City Council approved the first reading of this ordinance at its meeting on August 28, 2000 and Staff recommends the Council approve the second reading and adoption of Ordinance 668. There was no public input. Mayor Coughlin closed the Public Hearing at 8:00 p.m. MOTION/SECOND: Marty/Thomason. To Waive the Reading and Adopt Ordinance 668, an Ordinance Vacating a Sign Easement No Longer Serving a Public Purpose. Council Member Marty noted this ordinance called for a roll call vote and asked if it would need to be unanimous for it to pass due to the absence of Council Member Quick. City Attorney Long indicated a majority was needed so 3 affirmatives would allow it to pass. He indicated the same was true for 10E. ROLL CALL: Marty, Stigney, Thomason, Coughlin. Ayes – 4 Nays – 0 Motion carried. Council Member Quick was not present for the vote. Mayor Coughlin stated for the record that this second reading and adoption were approved by the unanimous vote of the Council. B. Public Hearing, Resolution 5473 Authorizing a Levy Certification Property Tax Rate Increase for Year 2001 Pursuant to State Statutes. Mayor Coughlin opened the Public Hearing at 8:02 p.m. There was no public input. Mounds View City Council September 11, 2000 Regular Meeting Page 10 Mayor Coughlin closed the Public Hearing at 8:02 p.m. 1. Consider Approval of Resolution 5473. MOTION/SECOND: Thomason/Marty. To Waive the Reading and Approve Resolution 5473, a Resolution Authorizing a Levy Certification Property Tax Rate Increase for Year 2001 Pursuant to State Statutes. Council Member Stigney asked what type of levy increase this resolution assumed. Finance Director Kessel explained that if there will be an increase this year from last year, the State requires a resolution approving the increase. Ayes – 4 Nays – 0 Motion carried. Council Member Quick was not present for the vote. C. Consider Resolution No. 5472 Adopting the 2001 Preliminary Budget Levy. Finance Director Kessel explained the 2000 to 2001 budget total revenues and expenditures were 15.3% for the general fund and the property tax levy is proposing a 23.17% increase. He indicated the maximum the City can approve is 23.17% but the figure can be lowered between now and the date of the truth-in-taxation hearing in December. MOTION/SECOND: Thomason/Marty. To Waive the Reading and Approve Resolution 5472, a Resolution Adopting the 2001 Preliminary Budget Levy. Ayes – 3 Nays – 1(Stigney) Motion carried. Council Member Quick was not present for the vote. Council Member Stigney commented that gasoline is $1.65 per gallon, there is a 4% franchise fee, street light and utility fees, and water meter fees. He said residents can expect their gas heating bill to increase 50% over last winter. He also stated property tax is expected to increase and indicated he does not support the budget increase because he doesn’t feel the City has done anything to try to lower the amount needed for the budget. Mayor Coughlin explained over 50% of the said potential increase is allocated to the new police officers and indicated the Council had unanimously endorsed moving the police force to community based policing perspective coming out of the tragedy that took place on Highway 10 in February and it was recommended that the City hire two additional officers and fill the vacant position that exists in the lieutenant spot. Part of the increase was requested by Community Development for an intern to take care of some of the burden of administering the wide variety of permits that are required on residential and commercial requests. Lastly, the other major factor is parks issues. The single most sizeable item in the budget is the Hill View building which is in violation of codes because of disrepair. He indicated his dismay that previous Councils did not see fit to recognize that anything the City purchased or built over time, without routine Mounds View City Council September 11, 2000 Regular Meeting Page 11 maintenance, mother nature will erode away and as such, this Council is left with funding the cost to replace the building. Mayor Coughlin also indicated there was $30,000 worth of playground equipment to be restored and renovated and a sum of money to adjust bleachers within the City for the safety of the City’s residents. Council Member Marty reiterated what Mayor Coughlin had said regarding the City’s primary expenditures and indicated the issues in the budget have all been requested by the residents of Mounds View. He said he is not willing to go back now on the residents’ requests. Council Member Marty indicated no one likes to see their taxes rise but in this case it is for causes that the residents need and want and he believes they will approve of an increase if they receive what they have asked for. Council Member Marty then indicated and the Chief of Police confirmed that the City has lost over $85,000 by not having additional officers hired at this point. Council Member Marty acknowledged the budget increase is an outgo or a cost but looking at the number alone does not take into account where the money will go and what the residents have asked of the City and Council. He indicated he is unwilling to sacrifice what the residents have asked for and will not change his stance. Council Member Stigney indicated he agrees with the safety issues and supports that part 100 percent. He said he believes the Council should juggle other things, look at how the City is spending money, and prioritize or cut back because an increase of 23.17 percent is excessive. He said he believes with some fine-tuning, the City could find a way to cut back. He also said he had requested of staff an analysis of what would happen if each department were restricted to a 3 to 5% cap and that information was not provided to him. Mayor Coughlin said, in defense of Staff, it is procedurally inappropriate for Staff to act on an individual request of one Council Member without receiving an official directive from the Council and that is why information was not provided to Council Member Stigney. Council Member Marty indicated Staff asked what was expected of them and Council did not come up with anything specific so the department heads presented their budgets to Council and Council was given a week to review them and ask any questions they might have. Council Member Marty indicated he has reviewed the budgets provided to him and did not find any loopholes or areas that could be cut. He said he feels the budgets are all justified. Council Member Thomason stated she used to be an underwriter and an auditor and she knows numbers and was overwhelmingly impressed with the zero “fat” in the budget. Council Member Thomason moved the question. Ayes 3 Nays – 1 (Stigney) Motion carried. Council Member Quick was not present for the vote. Mounds View City Council September 11, 2000 Regular Meeting Page 12 D. Consideration of Business License Approvals. Assistant to the City Administrator Reed explained that in mid-May she mailed renewal letters to all City of Mounds View businesses indicating that their business licenses would expire June 30, 2000 and asking that the appropriate applications, tax clearance forms, worker’s compensation forms, fees and proof of insurance be submitted by June 16, 2000 in order to have her report complete for the June 26, 2000 Council meeting. Several businesses missed this deadline. Assistant to the City Administrator Reed stated she recently received completed license applications from KFC and Dominos Pizza, the last of the unlicensed businesses in the City. Neither of these businesses has any health, tax, utility or police violations that warrant denying the license. In addition, commercial and residential kennel license applications have been submitted by Sham-O-Jets Kennels and Geraldine Grosslein. Both applicants have paid the required fee and neither has any police violations that warrant denying the requested kennel licenses. Assistant to the City Administrator Reed recommended approval of business licenses for KFC and Dominos and kennel licenses for Sham-O-Jets Kennels and Geraldine Grosslein. MOTION/SECOND: Marty/Stigney. To Approve Business Licenses for KFC and Dominos and kennel licenses for Sham-O-Jets Kennels and Geraldine Grosslein as presented above. Ayes – 4 Nays – 0 Motion carried. Council Member Quick was not present for the vote. E. Second Reading and Adoption of Ordinance 663, an Ordinance Creating Language to Administer and Regulate Tattoo and Body Piercing Establishments within the City of Mounds View. Planning Associate Ericson reviewed that the City Council approved the first reading of Ordinance 663 at its meeting on August 14, 2000. On August 28, 2000, the City Council directed staff to review Anoka County’s tattoo ordinance and tabled action on the second reading until September 11, 2000. He reported that staff spoke with Spencer Pierce, a manager in the Community Health and Environmental Services Department of Anoka County. Mr. Pierce indicated that their ordinance is twenty years old and is not as current as they would like it to be. The Council was provided with a copy of Anoka County’s ordinance. Planning Associate Ericson explained Staff carefully reviewed Anoka County’s ordinance and while different in its wording, the purpose and intent is similar to the extent pertaining to tattoos. (The County has no ordinances concerning body piercing.) Staff would not recommend any changes to Ordinance 663 based on the Anoka County ordinance. Planning Associate Ericson advised that one change has been made to Ordinance 663 that differs from the version approved for first reading. Section 515.10, Subd. 1a of the ordinance (Page 7) has been revised to prohibit tattooing or piercing on minors altogether rather than with parental Mounds View City Council September 11, 2000 Regular Meeting Page 13 consent. This change supported by staff was suggested by someone within the industry as a means to prevent tattoos and piercings on minors and to relieve the tattoo and body piercing establishment of the need to make judgment calls regarding the legitimacy of purported parents and legal guardians. Staff recommends the Council approve the second reading and adoption of Ordinance 663. Council Member Marty said he looked at Anoka County’s ordinance and thought it was good but that the one before them drafted by Staff was better. He pointed out the only difference between the two is that Mounds View’s ordinance provides for a lavatory with hot and cold pressurized running water and Anoka County’s ordinance allows for a hand washing facility without having to go to the lavatory. Planning Associate Ericson said the ordinance requires everything to be disposable to eliminate sterilization and other requirements. MOTION/SECOND: Marty/Thomason. To Waive the Reading and Adopt Ordinance 663, an Ordinance Creating Language to Administer and Regulate Tattoo and Body Piercing Establishments within the City of Mounds View. Council Member Marty commented he was glad to see the ordinance reflect that no minors would be tattooed in the City. ROLL CALL: Thomson, Marty, Stigney, Coughlin. Ayes – 4 Nays – 0 Motion carried. Council Member Quick was not present for the vote. Mayor Coughlin stated for the record that this second reading and adoption were approved by the unanimous vote of the Council. F. Consideration of Charter Commission Resolution 2000-04. G. Consideration of Charter Commission Resolution 2000-05. H. Consideration of Charter Commission Resolution 2000-06. I. Consideration of Charter Commission Resolution 2000-07. J. Consideration of Charter Commission Resolution 2000-09. These items were removed from the agenda upon adoption. City Attorney Long asked the Council to consider Resolution 5478. There was a consensus of the Council to add this item to the agenda. K. Consideration of Resolution 5478, a Resolution Submitting the Proposed Amendments to the Mounds View Charter at the November 7, 2000, General Election and Fixing the Form of the Ballot for Such Proposed Amendments. Mounds View City Council September 11, 2000 Regular Meeting Page 14 City Attorney Long presented Resolution 5478 to the Council which will submit the proposed amendments to the Mounds View Charter at the November 7, 2000, General Election and fix the form of the ballot for such proposed amendments. City Attorney Long explained this Resolution is in reference to Ordinance No. 661which is a proposal to amend Chapter 6 of the Mounds View City Charter relating to a City Manager form of government and Ordinance No. 662 proposing to amend Chapter 2 of the Mounds View Charter changing the term of Mayor from two (2) years to four (4). He also explained that this resolution will set the form of the ballot. MOTION/SECOND: Marty/Thomason to Waive the Reading and Approve Resolution 5478, a Resolution Submitting the Proposed Amendments to the Mounds View Charter at the November 7, 2000, General Election and Fixing the Form of the Ballot for such Proposed Amendments. Council Member Stigney indicated he is opposed to sending this to the voters as he feels the Ordinances need more work and he would prefer that the Charter Commission research and review the proposed changes to the Charter. Mayor Coughlin abstained from commenting as he was not present for the discussion at the previous Council Meeting. Council Member Marty explained if an extension is granted then the issue will not be on the ballot for the November General Election and he feels that this is the perfect time to have this issue on the ballot because voter turnout will be higher because it is a presidential election year. He also said if an extension were granted to the Charter Commission to review the proposed amendments it would not make the ballot and then there would have to be a special election which would cost the tax payers extra money. Council Member Stigney indicated he had not asked for a special election but he feels that more time should be spent on the charter amendments before sending it to the voters. Mayor Coughlin asked that the discussion be kept to the question of whether or not the language of the resolution before the Council is acceptable to the Council. He then asked for further discussion and seeing none called for the vote. Ayes - 3 Nays - 1 (Stigney) Motion carried. Council Member Quick was not present for the vote. Mayor Coughlin indicated one of the Planning Commission members has resigned and he will be accepting applications to fill the seat for the next two weeks with the deadline set for Monday, September 25, 2000 at 12:00 noon. He explained this should give ample time to add to the agenda for September 25, 2000 and to bring the new member up to speed on current projects. Assistant to the City Administrator Reed noted the closing date for candidate filing for local offices was Tuesday, September 12, 2000 at 5:00 p.m. and indicated that the official clock would be the clock on the south wall and no applications will be accepted after 5:00 p.m. Mounds View City Council September 11, 2000 Regular Meeting Page 15 Council Member Stigney noted the filing fee is $20. Assistant to the City Administrator Reed noted the City has been overcharging applicants and indicated that per Ramsey County the City is only allowed to charge $5. 11. Next Council Work Session: Monday, September 18, 2000 – 6:00 P.M. Next Council Meeting: Monday, September 25, 2000 – 7:00 P.M. 12. ADJOURNMENT Mayor Coughlin adjourned the meeting at 8:40 p.m. Transcribed and recorded by: Joan Lenzmeier TimeSaver Off Site Secretarial, Inc. Item No. 7B Type of Business: CA WK: Work Session; PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Barb Benesch Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Meeting Date: September 25, 2000 Please consider the following contractor licenses for approval. The licenses listed will expire on December 31, 2000. All applicants have submitted appropriate fees and proof of insurance. Licenses are noted with a “New” or “Renewal” after the company name. Those licenses defined as “new” include all applicants that have never been licensed with the City or have not been licensed within the past two years. Those defined as “renewal” were licensed in the last half of 1999. Chemical Fire Protection Nardini Fire Equipment Co., Inc. – New Staff Recommendation: Approve license applications as requested. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\09-25-00\Item 07C--Res 5466, Fees for Tattoo & Body Piercing Licenses--Givonna Reed.doc Item No. 7C 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 and City Council From: Givonna Reed, Assistant to the City Administrator Item Title/Subject: Discussion of Resolution 5466 Establishing Fees for Tattoo and Body Piercing Licenses Date of Report: September 18, 2000 On August 28, 2000, the City Council adopted ordinance 663 to administer and regulate tattoo, body piercing, body branding, body scarring and body painting establishments. The ordinance specifies that fees for tattoo and body piercing establishments will be set by the City Council by resolution. Five Minnesota cities responded to my inquiry regarding fees charged for Tattoo and Body Piercing licenses and investigation services. When establishing license and investigation fees, most cities considered the following: what other cities charge for fees, the amount of staff time required to process the applications, the significant health risks associated with tattoo and body piercing establishments and the significant amount of surveillance that is required. The Health and Sanitation Inspection will be conducted by the City’s Housing Inspector/Code Enforcement Officer who will inspect the inside of the property to ensure that all health and sanitation requirements of ordinance 663 are met. Several follow-up visits may be required. The Police Department will conduct records checks on applicants to ensure that they have not committed any violations that would prohibit issuance of a Tattoo or Body Piercing License. Although staff is not proposing an investigation fee for Temporary Licenses the Police Department will require proof of a regular Tattoo and Body Piercing License prior to approval of the Temporary License. Giving consideration to each of the guidelines used by other cities to determine fees, staff proposes the following license and investigation fees for licenses associated with Tattoo and Body Piercing Establishments: License Fee Investigation Fee Enterprise License 250.00 100.00 Specialist License 100.00 100.00 Temporary License 30.00 M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\09-25-00\Item 07C--Res 5466, Fees for Tattoo & Body Piercing Licenses--Givonna Reed.doc The proposed fees are lower than those of same-size and larger cities that responded to my inquiry. Recommendation: Adopt the proposed fee schedule. Respectfully Submitted, ___________________________ Givonna Reed Assistant to the City Administrator M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\09-25-00\Item 07C--Res 5466, Fees for Tattoo & Body Piercing Licenses--Givonna Reed.doc RESOLUTION 5466 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA Resolution Establishing Fees for Tattoo and Body Piercing Licenses WHEREAS, all the fees and charges of the City of Mounds View are listed in a uniform schedule; and, WHEREAS, revisions and updates to the Fee Schedule are necessary to reflect the adoption of new ordinances by the Mounds View City Council; and, WHEREAS, the proposed license and investigation fees are consistent with, and comparable to, those of other metropolitan cities. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does hereby approve the Tattoo and Body Piercing Establishment license and investigation fees, as referenced in Exhibit A, for inclusion in the 2000 Fee Schedule. Adopted this ___ day of September, 2000. Attest: Dan Coughlin, Mayor (Seal) Kathleen Miller, City Clerk-Administrator M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\09-25-00\Item 07C--Res 5466, Fees for Tattoo & Body Piercing Licenses--Givonna Reed.doc EXHIBIT A License Fee Investigation Fee Enterprise License 250.00 100.00 Specialist License 100.00 100.00 Temporary License 30.00 Item No: 10 C Meeting Date: September 25, 2000 Type of Business: CB City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planner Item Title/Subject: Discussion and Consideration of Resolution 5458, a Resolution Approving the Final Plat of “Mounds View City Hall Addition” Date of Report: September 19, 2000 Discussion: The applicant, Bob Cunningham, representing TOLD Development Company, has submitted a final plat date-stamped September 18, 2000, for the proposed Mounds View City Hall Addition major subdivision. The plat encompasses the entirety of the City Hall campus, the Public Works buildings, the Community Center, the remnant parcel created by the realignment of Edgewood Drive, and the Midland Videen open space. The plat creates two buildable lots, one of which would be utilized for a Walgreens and the other for a restaurant use, as allowed by the approved Planned Unit Development (PUD). The plat also creates an outlot (which will be transferred to the City) and creates a lot for the Community Center and for the entire City Hall campus. On August 14, 2000, the City Council approved Resolution 5454, which approved the preliminary plat of the Mounds View City Hall Addition. The resolution required that the plat be revised to show (1) a drainage and utility easement around the relocated and enlarged stormwater pond, (2) a five-foot drainage and utility easement around the outer-perimeter of proposed Lots 2 and 3, Block 2, and (3) notations pertaining to the vacation of the old Edgewood Drive. The plat submitted for consideration does not reflect two of the three above-noted required changes. It is anticipated however that the applicant will have prepared and submitted a revised final plat for Council consideration prior to September 25. A copy of the final plat has been forwarded to the City Attorney for review. The resolution approving the final plat is subject to County approval and stipulates that before City signatures are placed upon the final plat, the developer shall have paid the $44,529 park dedication fee. Recommendation: Approve Resolution 5458, a resolution approving the final plat for the Mounds View City Hall Addition major subdivision, with stipulations as noted. ____________________ James Ericson, P Resolution No. 5458 September 25, 2000 Page 2 RESOLUTION NO. 5458 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING THE FINAL PLAT FOR THE “MOUNDS VIEW CITY HALL ADDITION” PROPOSED BY TOLD DEVELOPMENT COMPANY; PLANNING CASE NO. PD00-001 WHEREAS, TOLD Development Company (hereinafter the “Developer”) has applied for a Major Subdivision to subdivide and reorganize properties within its proposed planned unit development at the northeast corner of Highway 10 and Edgewood Drive; and, WHEREAS, a final plat date-stamped September 18, 2000, entitled “MOUNDS VIEW CITY HALL ADDITION” has been submitted by the applicant; and, WHEREAS, the properties included with the Major Subdivision are legally-described as follows: (SEE ATTACHED EXHIBIT 1) WHEREAS, on January 10, 2000, the City Council of the City of Mounds View approved Resolution 5409 which gave authority to the Developer to submit an application for a Planned Unit Development and Major Subdivision inclusive of City-owned property; and, WHEREAS, on August 14, 2000, the City Council of the City of Mounds View approved Resolution 5454 which approved the preliminary plat of the proposed Mounds View City Hall Addition major subdivision; and, WHEREAS, the Comprehensive Plan recommended for approval by the Mounds View Planning Commission designates the parcels associated with the PUD as CC-PUD, Community Commercial Planned Unit Development; and, WHEREAS, the Mounds View City Council has reviewed the proposed final plat of the Mounds View City Hall Addition and finds it to be consistent with the preliminary Resolution No. 5458 September 25, 2000 Page 3 plat and in conformance with Resolution 5454 and with all applicable sections of the Mounds View Municipal Code; and, WHEREAS, the City Council has reviewed the following documents relative to this proposal: 1. Application, dated May 8, 2000 2. Zoning Map 3. Location Map 4. Property Survey, prepared by Loucks Associates, date-stamped June 30, 2000. 5. Preliminary Plat, prepared by Loucks Associates, date-stamped August 10, 2000. 6. Final Plat, prepared by Loucks Associates, date-stamped Sept. 18, 2000. 7. Resolution 5409, adopted January 10, 2000 8. Resolution 5454, adopted August 14, 2000 9. Planning Commission Resolution 623-00, approved July 19, 2000 WHEREAS, the City Attorney has reviewed the final plat and finds it to be in conformance with all applicable sections of the Mounds View Municipal Code; and, WHEREAS, the conditions and requirements regarding the proposed exchange of real property between the City and the Developer are fully addressed in the Contract for Private Development; and, WHEREAS, the Mounds View City Council has received a recommendation of approval from the Mounds View Planning Commission as stated in Planning Commission Resolution No. 623-00. NOW, THEREFORE BE IT RESOLVED that the Mounds View City Council, having already approved the preliminary plat, approves the final plat for the Mounds View City Hall Addition subject to the terms and conditions as stated in the Contract for Private Development and subject to stipulations as follows: 1. The developer shall change the final plat to reflect (1) a revised easement area within Outlot A associated with the relocated stormwater pond, (2) five-foot perimenter drainage and utility easements within Lots 2 and 3, and (3) drainage and utility easements over city stormsewers. 2. The developer shall submit the park dedication fee in the amount of $44,529 prior to City signatures being placed upon the Mounds View City Hall Addition plat. 3. The developer shall have executed the Contract for Private development prior to City signatures being placed upon the Mounds View City Hall Addition plat. NOW, THEREFORE BE IT FINALLY RESOLVED that approval of this final plat is subject to approval by and recordation with Ramsey County, which shall occur within four Resolution No. 5458 September 25, 2000 Page 4 months of Council approval. The developer shall furnish the City with a reproducible copy of the final plat showing evidence of the recording; otherwise the approval of the final plat shall be void. Adopted this 25th day of September, 2000. ______________________________ Dan Coughlin, Mayor ATTEST: ______________________________ Kathleen Miller, City Clerk/Administrator (SEAL) X:\DATA\GROUPS\COMDEV\DEVCASES\WALGREENS (MA00-001, ZC00-002, DE00-002)\RESOLUTION 5458 - FINAL PLAT.DOC Exhibit 1. Legal Descriptions for Major Subdivision: City Hall: That part of the Southwest Quarter of the Northwest Quarter of Section 8, Township 30, Range 23, lying North of State Highway 10- 62, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota. AND The North 30 feet of the West 254 feet of the South 15 Acres of the Northwest Quarter of the Northwest Quarter of Section 8, Township 30 North, Range 23 West, and all that part of the South 15 Acres lying Northeasterly of State Highway 10-62 Except the West 254 feet thereof, according to the United States Government Survey thereof and situate in Ramsey County, Minnesota. Community Lots 19, 20, 21, and 22; That part of Lot 16, lying North of a line drawn between Center: the Southeasterly corner of Lot 19 and the Southwesterly corner of Lot 4, except the East 66 feet of said Lot 16; all in Block 5, Pinewood Terrace No. 2, according to the recorded plat thereof, and situate in Ramsey County, Minnesota. Midland All of Lots 17 and 18 and that part of the East 66 feet of Lot 16 lying North of a Videen: line drawn between the Southeasterly corner of Lot 19 and the Southwesterly corner of Lot 4, also that part of Lot 16 lying South of a line drawn between the Southeasterly corner of Lot 19 and the Southwesterly corner of Lot 4, all in Block 5, Pinewood Terrace No. 2, according to the recorded plot thereof, and situate in Ramsey County, Minnesota. AND The tract described as follows: Beginning at the Northwest corner of Lot 17, Block 5, Pinewood Terrace No. 2, Village of Mounds View, Minnesota, according to the recorded plot thereof; thence South along the West line of said Lot 17 a distance of 55.19 feet to the actual point of beginning; thence on a curve to the left with a radius of 20 feet and delta angle of 90 degrees 32 minutes 30 seconds a distance of 31.61 feet; thence East along the South line of said Lot 17 a distance of 72.19 feet; thence South on a line parallel to the West line of said Pinewood Terrace No. 2 a distance of 66.91 feet; thence on a curve to the right with a radius of 62.5 feet and delta angle of 90 degrees 32 minutes 30 seconds a distance of 98.77 feet; thence West on a tangent to last said curve a distance of 28.91 feet; thence North on a line parallel to and 33 feet East of said West line a distance of 149.81 feet, more or less, to the actual point of beginning, according to the recorded plot thereof, and situate in Ramsey County, Minnesota. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\09-25-00\Item 10I--Ord 669, NSP Franchise Fee--Bruce Kessel.docSJR-186450v2 MU125-63 ORDINANCE NO. 669 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 (“NSP”), a franchise fee of not more than four (4.0) percent of NSP’s 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. 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 four (4.0) percent of NSP’s gross revenues, as defined in Section 4.2 of the Franchise Agreements, commencing with NSP’s January 2001 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 effective 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. 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. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\09-25-00\Item 10I--Ord 669, NSP Franchise Fee--Bruce Kessel.docSJR-186450v2 MU125-63 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 ______________, 2000. Read and passed by the City Council of the city of Mounds View this ____ day of ______________, 2000. _____________________________________ Dan Coughlin, Mayor _____________________________________ Kathleen F. Miller, City Clerk-Administrator APPROVED AS TO FORM: _____________________________ City Attorney M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\09-25-00\Item 10J--Ord 670, Minnegasco Franchise Fee 2001-- Bruce Kessel.doc SJR-186449v1 MU210-14 ORDINANCE NO. 670 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. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Minnegasco under its natural gas Franchise in the amount of four (4.0) percent of Minnegasco’s gross revenues, as defined in Section 4.1 of the Franchise commencing with Minnegasco’s January 2001 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 effective 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. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreement. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\09-25-00\Item 10J--Ord 670, Minnegasco Franchise Fee 2001-- Bruce Kessel.doc SJR-186449v1 MU210-14 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 ____________, 2000. Read and passed by the City Council of the city of Mounds View this ____ day of ___________, 2000. _____________________________________ Dan Coughlin, Mayor _____________________________________ Kathleen F. Miller, City Clerk-Administrator APPROVED AS TO FORM: _____________________________ City Attorney M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\09-25-00\Item 10J--Ord 670--Minnegasco Franchise Fee 2001-- Bruce Kessel.doc SJR-186449v1 MU210-14 ORDINANCE NO. 670 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. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Minnegasco under its natural gas Franchise in the amount of four (4.0) percent of Minnegasco’s gross revenues, as defined in Section 4.1 of the Franchise commencing with Minnegasco’s January 2001 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 effective 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. Subd. 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with the Franchise Agreement. M:\MasterFiles\1999 thru 2010\2000\City Council\Council Packets\09-25-00\Item 10J--Ord 670--Minnegasco Franchise Fee 2001-- Bruce Kessel.doc SJR-186449v1 MU210-14 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 ____________, 2000. Read and passed by the City Council of the city of Mounds View this ____ day of ___________, 2000. _____________________________________ Dan Coughlin, Mayor _____________________________________ Kathleen F. Miller, City Clerk-Administrator APPROVED AS TO FORM: _____________________________ City Attorney