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HomeMy WebLinkAbout2015 06-17 Public Notices MAPLEWOOD REVIEW3/8/2016 Public Notices June 17, 2015 Ramsey County - Maplewood Review I Lillie Suburban Newspapers - LillieNews.com Public Notices June 17, 2015 Ramsey County -Maplewood Review Public Notices & Legal Notices published June 17, 2015 in the Ramsey County - Maplewood Review CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO.948 (SUMMARY FOR PUBLICATION) (Supersedes Ordinance No. 853) ON JUNE 8, 2015, THE MAPLEWOOD CITY COUNCIL ADOPTED AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY PERMISSION TO ERECT A GAS DISTRIBUTION SYSTEM FOR PURPOSES OF CONSTRUCTING, OEPRATING, REPAIRING, AND MAINTAINING IN THE CITY OF MAPLEWOOD, MN, THE NECESSARY GAS PIPES, MAINS AND APPERTENENCES FOR THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH THE CITY AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. A SUMMARY OF THE ORDINANCE IS AS FOLLOWS: X City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. X Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. X Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities work. Company may, however, open and disturb any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Gas Facilities. X After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. X If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City's proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non -Betterment Costs on a time and materials basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. X City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non -betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of a federally -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. http://www.IiI Iienews.com/content/public-notices-june-17-2015-ramsey-county-maplewood-review 1/4 3/8/2016 Public Notices June 17, 2015 Ramsey County - Maplewood Review I Lillie Suburban Newspapers - LillieNews.com X During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee, for the sole purpose of recovering the cost to maintain and operate streets, sidewalk, and trails, by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts: Class Fee Per Premise Per Month Residential $2.50 Commercial Firm Non -Demand $6.00 Commercial Firm Demand $75.00 Small Interruptible $50.00 Medium and Large Interruptible $100.00 This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance on June 8, 2015. A full and complete copy of this ordinance can be found in the City Clerk's office, 1830 County Road B East, Maplewood, MN. ATTEST: Karen Haag, City Clerk (Review: June 17, 2015) CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO.949 (SUMMARY FOR PUBLICATION) GAS FRANCHISE FEE ON JUNE 8, 2015, THE MAPLEWOOD CITY COUNCIL ADOPTED AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF MAPLEWOOD. A SUMMARY OF THE ORDINANCE IS AS FOLLOWS: X The Maplewood 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 gas services within the City of Maplewood. X Pursuant to City Ordinance a Franchise Agreement between the City of Maplewood and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto. X A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its gas franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy October, 2015 billing month. X This fee is an account -based fee on each premise and not a meter -based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate http://www.IiI Iienews.com/content/public-notices-june-17-2015-ramsey-county-maplewood-review 2/4 3/8/2016 Public Notices June 17, 2015 Ramsey County - Maplewood Review I Lillie Suburban Newspapers - LillieNews.com classification, which will result in more than one franchise fee assessment for gas service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. X The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. X The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided above. X The termination of this Ordinance shall take effect on December 31, 2035. Changes or adjustments to terms of this Ordinance shall follow the process outlined in Subdivision 11 of the Franchise Agreement. X The City shall deposit said franchise fee revenue into a city fund titled "Street Use Revitalization Fund (SURF)" of which all franchise fee proceeds shall be used for the specific use of preserving and repairing city streets including, but not limited to, methods such as crack seal, fog seal, mill and overlay, hot in place recycle, cold in place recycle, and full depth reclamation. Each year the City shall prepare and publish a report detailing the additional preservation and repair projects able to be completed with said franchise revenue. Franchise Fee Rates: Gas Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Rate Classification Gas Franchise Fee Amount Per Premise Residential $2.50 Commercial Non Demand $6.00 Commercial Demand $75.00 Small Interruptible $50.00 Medium and Large Interruptible $100.00 Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a quarterly basis. This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance on June 8, 2015. A full and complete copy of this ordinance can be found in the City Clerk's office, 1830 County Road B East, Maplewood, MN. ATTEST: Karen Haag, City Clerk (Review: June 17, 2015) CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA ORDINANCE NO.950 (SUMMARY FOR PUBLICATION) Chapter 18, Article III — Erosion and Sediment Control, http://www.IiI Iienews.com/content/public-notices-june-17-2015-ramsey-county-maplewood-review 3/4 3/8/2016 Public Notices June 17, 2015 Ramsey County - Maplewood Review I Lillie Suburban Newspapers - LillieNews.com Chapter 18, Article VII — Stormwater Management, and Chapter 40, Article II - Sewers Revisions to Stormwater Related Ordinances On May 26, 2015, the Maplewood City Council adopted an ordinance which would revised portions of Chapter 18, Article III — Erosion and Sediment Control, Chapter 18, Article VII — Stormwater Management, and Chapter 40, Article II — Sewers of the City of Maplewood Code of Ordinances. A summary of the revisions to the stormwater related ordinances is as follows: X Chapter 18, Article III — Erosion and Sediment Control Updated language that covers items such as permits and agreements that the City will require prior to commencing with land disturbance activities Updated definitions Updated language for erosion and sediment control plans Detailed lists of items and content required for an erosion and sediment plans has been removed XThis information is subject to change in the future with each new reissuance of the MS4 permit New language for the erosion and sediment control plan has been added that states that the erosion and control plans have to meet the requirements of the MPCA's Construction Stormwater Permit Updated language on the approval process for grading permits X Chapter 18, Article VI I — Stormwater Management New language that states that the Maplewood Stormwater Management Standards (MSMS) serve as the guiding document for stormwater design within the City of Maplewood Definitions related to Illicit Discharge New language that covers the prohibition of illicit connections, illicit discharge inspections, monitoring and testing in response to illicit discharges, violations, penalties, and remedies X Chapter 40, Article II - Sewers Revised language that states discharges for properties may be deemed as an illicit discharge Revised language that allows the City to recover costs, paid by the city, related to violations (e.g. clean up costs) Miscellaneous language revisions This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance on June 8, 2015. A full and complete copy of this ordinance can be found in the City Clerk's office, 1830 County Road B East, Maplewood, MN. ATTEST: Karen Haag, City Clerk (Review: June 17, 2015) http://www.IiI Iienews.com/content/public-notices-june-17-2015-ramsey-county-maplewood-review 4/4