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HomeMy WebLinkAboutMinutes - 2011/08/22 • PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL ED CITY OF MOUNDS VIEW RAMSEY COUNTY,MINNESOTA AppROV Regular Meeting August 22,2011 Mounds View City Hall 2401 Highway 10,Mounds View,MN 55112 7:02 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Flaherty, Stigney,Hull,Mueller, Gunn. NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday,August 22,2011,City Council Agenda. • MOTION/SECOND: Mueller/Hull. To Approve the Monday, August 22, 2011, agenda as presented. Ayes—5 Nays—0 Motion carried. 5. PUBLIC INPUT Tom Winiecki, 2748 Sherwood Road, expressed concern about the placement of the cement outcrops on Red Oak Drive. He requested the concrete outcrops be removed immediately and questioned who authorized the placement of these outcrops. Mayor Flaherty stated the Streets and Utilities committee made a recommendation to the City Council to place these outcrops along Red Oak Drive as a traffic calming method. The Council then approved this recommendation. 6. SPECIAL ORDER OF BUSINESS No 7. COUNCIL BUC l LESS 7:05 p.t 7 °�l_c E—Aging for. the ":g.Ale::: and First Rc,. e= CT:Cii au ,, J!LiS IGGG, lY 273 • Associate Planner Heller stated the Council would be holding a public hearing this evening to Mounds View City Council August 22,2011 Regular Meeting Page 2 • introduce an Ordinance that would update the City's Code regarding Variances. The revisions made to the City's Code would bring it into compliance with new State regulations. She explained that hardship language has been omitted from the Variance code and has been changed to practical difficulty. Planner Heller stated the proposed changes simplified the process for variance requests. Staff recommended the Council hold the public hearing and introduce Ordinance 861. Council Member Mueller questioned if Subdivision 6, on Page 4, should have the words "unusual hardship" removed. City Attorney Riggs indicated there were two different types of variance requests, zoning variances and variances regarding subdivisions. He indicated further revisions could be made in the future if necessary, but the document provided was in alignment with State code. Council Member Mueller asked if the code should further define "practical difficulty" as it appeared quite vague. City Attorney Riggs stated the proposed language was adequate. He recommended the code language be closely aligned with State code. Mayor Flaherty opened the public hearing at 7:15 p.m. Hearing no public input,Mayor Flaherty closed the public hearing at 7:15 p.m. Mayor Flaherty was pleased that the State had handed variance requests back to local • government. MOTION/SECOND: Mueller/Gunn. To Waive the First Reading and Introduce Ordinance 861, Amending Titles 1000, 1100, and 1200 about Variances. Ayes—5 Nays—0 Motion carried. B. 7:10 p.m. Public Hearing (ROLL CALL VOTE), Second Reading and Adoption of Ordinance 862, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas Operations within the City of Mounds View. Finance Director Beer stated this was the second reading and adopting of an Ordinance that would continue a franchise fee on Xcel Energy. This provision sunsets annually and will be renegotiated in 2012. The City is recommending a 3.87%franchise fee with Xcel. %.tayor Flail __.,t opened the pug'_ hearmg e.` :i3 p.m. I Haring no public input,Mayo h,erty clog^r.'the public henna,,-at 7:18 p.n:. MOTION/SECOND: Gunn/Mueiier. To Waive the Second Reading and Adopt Ordinance 862, an Ordinance Implementing a Franchise Fee on Xcel Energy Electric and Natural Gas • Mounds View City Council August 22,2011 Regular Meeting Page 3 Operations within the City of Mounds View and publish an Ordinance summary. Council Member Hull stated he would not support the short term budget fix that was established in the 1990's as the City has now become dependent on the funds. Council Member Mueller indicated she supported the Ordinance as the fees were passed along to all energy consumers in the City. These fees are used to support police and fire services in the community. She explained the franchise fee used to be 4%and has been reduced to 3.87%. Council Member Stigney did not support the franchise fee as presented. He felt the franchise fee should be increased to 4% to assist the City in recapturing revenues. He suggested a friendly amendment to the motion to raise the franchise fee to 4%. FRIENDLY AMENDMENT: Stigney/Gunn. To increase the Franchise Fee for Xcel Energy Electric and Natural Gas Operations within the City of Mounds View to 4%. Council Member Stigney stated the increase would only minimally impact the tax payers while bringing in additional revenues from across the community. Mayor Flaherty disagreed with the amendment stating the franchise fee was a temporary fix that has been used year after year in the budget. The City has become reliant on the franchise fee 411 funds. Council Member Mueller indicated the franchise fees were created at a time when income was being lost from TIF districts. She did not feel the City could cut $500,000 out of the budget at this time while providing adequate services to the community. She would support the increase in the franchise fee to 4%. Council Member Stigney agreed that the Council did not have a way to offset these funds within the budget. He felt the increase to 4%would greatly benefit the tax payers in the end. Council Member Gunn commented if the franchise fee were to be eliminated, the City had no plan to make up these funds. The City has become reliant on these funds and until there was a way to make up $500,000 within the budget,the franchise fee could not be eliminated. Council Member Hull stated the funds could be made up by slightly increasing property taxes which were tax deductible. The impact on residents would be minimal. Fiiionce Director Beer clarified th q the increase would be more than $35, which is being paid ire frall rise fees. lies ,rated th : sense to be mo tiLe $50-6G year. Co,:_icil Member HuL.czcreed to sec- ort the franchise rcc at 4%. AviENDMLiTf VO : • Mounds View City Council August 22,2011 Regular Meeting Page 4 • Ayes—3 Nays—2 (Hull and Flaherty) Motion carried. Mayor Flaherty proposed making an amendment to the Ordinance. He understood there was no other alternative method to raise these funds for the City. The City did not have an additional $500,000 in the budget at this time. He recommended the Council call this franchise fee what it is, a tax or fee, and proposed removing Subsection 8 regarding the sunset clause. ORDINANCE AMENDMENT: Flaherty/Gunn. To remove Subsection 8, regarding the sunset clause from Ordinance 862. Council Member Stigney did not agree with this amendment. He stated TIF districts were being closed and could offset the loss of taxes while increasing City revenues. He did not see the value in removing the sunset clause. Mayor Flaherty indicated the franchise fee was not going away and should be viewed as a fee or tax. He explained that the franchise fee could always be discussed at any time by the Council. Council Member Gunn did not understand how removing the sunset clause changed the franchise fee. Mayor Flaherty explained the franchise fee was proposed to be a temporary solution, but has not gone away. He wanted the residents to see the franchise fee as a permanent fee. Council Member Mueller was not in favor of the amendment as she valued the discussion and • felt future Council's should hold these discussions as well. ORDINANCE AMENDMENT VOTE: Ayes— 1 Nays—4 (Stigney,Hull, Mueller, Gunn) Motion failed. ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. Ayes—3 Nays—2 (Hull and Flaherty) Motion carried. C. 7:15 p.m. Public Hearing (ROLL CALL VOTE) Second Reading and Adoption of Ordinance 863, an Ordinance Implementing a Franchise Fee on Center Point Energy Natural Gas Operations within the City of Mounds View. Finance . etor Boor ind: c= (J this Cc: :i'oint Energy Led a.limited e,:;'_omer base in etic ??Ids View but would allow the City to remain consistent with thy;proposed franchise fee for Xcei. He recommended the Council hold a public hearing and adopt the Ordinance with a 4% franchise _hoc. Mayor Flaherty opened the public hearing at 7:46 p.m. • Mounds View City Council August 22,2011 1111 Regular Meeting Page 5 Mike Read, 2408 Lois Drive, indicated he did not want to pay increased fees or taxes. However, he did want the expense spread evenly between the residents and businesses. He questioned how Council allowed 25% of the City's property to be tied into TIF districts. City Administrator Ericson indicated the TIF districts allowed for successful commercial developments in the community. TIF districts numbers 1, 2, and 3 will be decertifying in 2013, 2014 and 2015. Mayor Flaherty added that he felt it was a greater value to have Medtronic within a TIF district than to lose the development within the City. Hearing no additional public input, Mayor Flaherty closed the public hearing at 7:50 p.m. MOTION/SECOND: Stigney/Gunn. To Waive the Second Reading and Adopt Ordinance 863, an Ordinance Implementing a Franchise Fee of 4% on Center Point Energy Natural Gas Operations within the City of Mounds View and publish an Ordinance summary. ROLL CALL: Hull/Stigney/Mueller/Gunn/Flaherty. Ayes—3 Nays—2 (Hull and Flaherty) Motion carried. D. Resolution 7819, Authorizing a Step Increase for Officer Nathan Garland, Mounds View Police Department. City Administrator Ericson stated Police Officer Nathan Garland has successfully completed his first six months and according to the LELS agreement a Step Increase was in order. Staff recommends the Council approve the Step Increase as recommended with an effective date being September 2, 2011. MOTION/SECOND: Mueller/Stigney. To Waive the Reading and Adopt Resolution 7819, Authorizing a Step Increase for Officer Nathan Garland,Mounds View Police Department. Ayes—5 Nays—0 Motion carried. 8. CONSENT AGENDA None. 9. JUST AND CORRECT CLAIMS . ance Director Ecer ansvve , .e Counci.s c..:; i:_ons rely.. claims-. MOTION/SECOND: Gunn/I u?i. To Approve CI)J'lst and Correct Claims as prcnented. Ayes— Nays -C Motion carried. Mounds View City Council August 22,2011 Regular Meeting Page 6 • 10. APPROVAL OF MINUTES None. 11. REPORTS A. Reports of Mayor and Council. Mayor Flaherty explained Festival in the Park was a wonderful event again this year. He indicated it was very well attended this year. He thanked all the volunteers and the members of the Festival Committee for their time and dedication to planning the event. Mayor Flaherty stated he participated in an event sponsored by Ramsey County in which he attended the Vikings Training Camp in Mankato. He stated he spoke with both local and State Representatives and the Vikings regarding a potential move to the TCAAP site. He reviewed a letter response he received from Ramsey County regarding traffic and noise concerns. At this time,the State was waiting for the governor to call a special session to discuss the matter further. Mayor Flaherty indicated the TCAAP site does have room for a stadium, hotels, restaurants, etc. He explained Ramsey County was seeking a resolution of support from the City of Mounds View. This could be completed this evening or at a future meeting after additional discussion. Council Member Mueller stated after her discussion with residents, 90% are supportive of the • Vikings Stadium. The minor increase in sales tax does not appear to be a concern for Rosedale or Maplewood Malls. She indicated the increased jobs and traffic relief would greatly benefit the community. She was in favor of submitting a resolution of support. Council Member Stigney explained the concerns of residents of Ramsey County and Mounds View would need to be addressed further before proceeding with this issue. He felt this issue should go to a referendum. He would not support the resolution of support. Council Member Gunn was in favor of the resolution of support. Council Member Hull indicated he was a sports fan and enjoyed the Vikings. He stated the community would benefit from the clean up and development of the TCAAP site. However, there were concerns with increased traffic and crime if the area were to develop. He had concerns with the local residents funding a stadium for a billionaire. For this reason, he was not in favor of a resolution of support. Mayor 'i;rty exp. .' ._ the overall cl(;:elopment _d bring a. nund.),i of jobs a.n conomic developer it to the no_�l ern suburbs. Arfditional jobs would be added when the development was comp!,-..e. He saw t~e Vikings Stadh:lo. as being rz_o e favorable than NASCAR o_a casino. He was i:? _ ,. _ of_.P_c.::olutio of Suppo: or d stac'_..m being located or the T;CA/ site. Council Member Stigney indicated residents within Ramsey County were being double taxed for • Mounds View City Council August 22,2011 • Regular Meeting Page 7 the stadium for the next 20 years to assist millionaires in building a stadium. He felt the tax should be run statewide and not just Ramsey County. He requested that his name be placed on the Resolution stating he does not support it. City Administrator Ericson indicated this could be written into the Resolution through an amendment. FRIENDLY AMENDMENT: Stigney/Mueller. If the Resolution of Support passes, each voting Council Members response shall be written into the Resolution. Council Member Mueller was greatly discouraged that this amendment request was being made. She felt the Council was a body, acting and supporting one another on a united front. She noted she would not support the amendment. Council Member Stigney was asking the Council to not hide their support for this issue. Council Member Gunn read the last paragraph of the Resolution of Support. She commented that County-wide sales tax was proposed, but that other financing options were going to be pursued. Ayes— 1 Nays—4 (Gunn, Hull, Mueller,Flaherty) Motion Failed • Council Member Stigney now requested that only the last paragraph be included in the Resolution. FRIENDLY AMENDMENT: Gunn. Only the last paragraph be included in the Resolution of Support. This amendment failed for lack of a second. MOTION/SECOND: Gunn/Mueller. To Adopt Resolution 7821, Supporting the Vikings Stadium on the TCAAP site for Ramsey County. Council Member Stigney questioned who the Resolution was directed to. Mayor Flaherty indicated the Resolution would be forwarded to the Ramsey County Commissioners. City Attorney Riggs suggested this be written into the Resolution. The Council agreed with this suggcstian. Council Men.Lci Mueller expressed concern this Resol :lion was not pla_x'on the ages,cla to receive public in,[,ut he Council w_:: ,_:c_ .' :o n_ :.,e decisions on the she fdiL that the he t should have been posted on ties agendie.. • Mounds View City Council August 22,2011 Regular Meeting Page 8 Mayor Flaherty indicated this could be discussed further and approved at a future meeting. • Y I`h' pp Council Member Stigney agreed that this item should be placed on a future agenda. Mayor Flaherty agreed to place the Resolution of Support on the September 12th meeting agenda for public comment and approval. MOTION/SECOND: Mueller/Hull. To Postpone Resolution 7821 to the September 12th Council meeting. Ayes—4 Nays— 1 (Stigney) Motion carried. Council Member Hull thanked the Festival in the Park Committee for their dedication to the community. Council Member Gunn thanked the Police Department, Fire Department, City Staff and Public Works for their assistance with the Festival as well. She also thanked Medtronic for sponsoring the fireworks. Council Member Mueller noted funds were raised for the Ralph Reeder Food Shelf through Festival in the Park and donations were still being accepted. She thanked Troop #267 for their service during the event. Council Member Mueller reported the Mounds View Business Council would begin holding 11111 meetings again starting in September. Additional information regarding these meetings could be found on the City's website. B. Reports of Staff. City Administrator Ericson reviewed items that would be discussed at the September 12th Council meeting. Mayor Flaherty recommended the Vikings Stadium Resolution of Support be posted on the City's website and placed on the agenda. City Administrator Ericson questioned if a public hearing should be called for Resolution 7821. Council Member Mueller did not feel this was necessary. 1. Community Development 2"Quarter Report City Administrator Ericson reviewed the Community Development 2nd Quarter Report with the Council. He noted r :venues for the Sri;rtment ':e down, viinirr, rode enforcement issues remain steady. Planning activity has 'men slow in 2011, but several new businesses were coining to the City. IT.:; explained that the senior living developments may or may not break ground this.yea:. He D7,710\70(1 the play ..s < ae i:7?ty T, elation to 2010. 1110 Mounds View City Council August 22,2011 • Regular Meeting Page 9 Mayor Flaherty was surprised by the number by the code enforcement violations regarding house numbers. He encouraged all homeowners to post their house numbers on their home. This provided a visible level of identification in emergency situations. 2. Draft 2012 General Fund Budget Finance Director Beer discussed the draft 2012 general fund budget with the Council and reviewed several changes made to the budget since the Council's last discussion. He questioned if this should be addressed further at the next Council work session meeting. It was noted the Council would have to certify a preliminary levy by September 15 '. Mayor Flaherty did not see a reason to have this on the upcoming work session agenda. The Council was in agreement. C. Reports of City Attorney. City Attorney Riggs reviewed a memo dated August 17,2011 with the Council. 12. Next Council Work Session: TUESDAY, September 6,2011,at 7:00 p.m. Next Council Meeting: Monday, September 12,2011,at 7:00 p.m. • 13. ADJOURNMENT The meeting was adjourned at 8:57 p.m. Transcribed by: Heidi Guenther TimeSaver Off Site Secretarial, Inc. •