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HomeMy WebLinkAbout2024-05-28 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Tuesday, May 28, 2024 City Hall, Council Chambers Meeting No. 10-24 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. May 13, 2024 City Council Workshop Meeting Minutes 2. May 13, 2024 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Resolution of Appreciation for Retiring Human Resources Manager Terrie Rameaux 4. Resolution Awarding the 2023 Maplewood Heritage Award to Virginia Gaynor 5. Resolution of Appreciation for HPC Commissioner Barbara Kearn G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Local Lawful Gambling Permit for Associated General Contractors of MN, Keller Golf Course, 2166 Maplewood Drive 3. Conditional Use Permit Review, White Bear Meadery, 1320 County Road D Circle East 4. Conditional Use Permit Review, Gladstone Village, 1310 Frost Avenue East 5. Conditional Use Permit Review, Galahad Senior Housing Development, 1910 County Road C East 6. Purchase New Fire Engine 7. Afton Heights Park Field Use Agreement with St. Paul Rugby Football Club 8. Resolution to Conduct Off-Site Gambling for Merrick, Inc., July 4th Celebration at Hazelwood Park, 1663 County Road C East H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. 1. Gladstone Village, 1310 Frost Avenue East a. Public Hearing b. Public Vacation of an Easement Resolution (4 Votes) I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Use of SRF Consulting Group, Inc. for Professional Services, 2024 Maplewood Street Improvements, City Project 23-08 2. Electric Franchise Fee Ordinances a. Revised Electric Franchise Ordinance b. Revised Electric Franchise Fee Ordinance c. Resolution Authorizing Publication of Electric Franchise Ordinance by Title and Summary (4 Votes) d. Resolution Authorizing Publication of Electric Franchise Fee Ordinance by Title and Summary (4 Votes) 3. Authorization to Advertise For Bids, 2024 EAB Mitigation Project, City Project 23-17 K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:45P.M. Monday,May13, 2024 City Hall, Council Chambers A.CALL TO ORDER A meeting of the City Council was heldin the City Hall Council Chambers and was called to order at5:47 p.m.by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent C.APPROVAL OF AGENDA CouncilmemberCavemoved toapprove the agenda as submitted. Seconded by CouncilmemberLee Ayes– All The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Cannabis Update City ManagerSable, City Attorney Batty and City Clerk Sindt gave the presentation and answered questions of the council. No Action Required. 2.Electric Franchise Fee Ordinance Discussion Public Works Director Love gave the presentation and answered questions of the council. City Attorney Batty provided further information. No Action Required. 3. Harvest Park Master Plan Public Works Director Love and Parks and Recreation Manager Robbinsgave the presentation No Action Required. May13, 2024 Council Manager Workshop Minutes 1 Council Packet Page Number 1 of 285 E1 D.ADJOURNMENT Mayor Abramsadjourned the meetingat6:42p.m. May13, 2024 Council Manager Workshop Minutes 2 Counil Packet Page Number 2 of 285 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 13, 2024 City Hall, Council Chambers Meeting No. 09-24 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:00byMayor Abrams. Mayor Abramsattended Public Safety’s Bike Rodeo, complimented and thanked staff, and gave some statistics from the event. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to Council Presentations: Lions Club CouncilmemberCavemoved to approve the agenda as amended. Seconded by CouncilmemberJuenemann Ayes– All The motion passed. E.APPROVAL OF MINUTES 1.April 22, 2024 City Council Workshop Meeting Minutes CouncilmemberJuenemannmoved to approve the April 22, 2024 City Council Workshop MeetingMinutes assubmitted. Seconded by Councilmember LeeAyes – All The motion passed. 2.April 22, 2024 City Council Meeting Minutes CouncilmemberLeemoved to approve the April 22, 2024 City Council MeetingMinutes as submitted. May13, 2024 City Council Meeting Minutes Council Packet Page Number 3 of 285 1 E2 Seconded by Councilmember JuenemannAyes – All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City ManagerSablegave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations Lions Club th Councilmember Leeshared he attendedthe Maplewood North Lions Club 60Anniversary with Mayor Abrams and thanked the club for all their service in the community. Mayor Abrams also shared signing a proclamation acknowledging theiranniversary and contributions. 3.Resolution to Accept a Patio Paver Donation From The Friends of Maplewood Nature for Maplewood Nature Center Bird and Pollinator Viewing Area Public Works Director Lovegave the staff report. CouncilmemberJuenemannmoved to approve the resolution accepting a donation of patio pavers in the amount of $600.29 from The Friends of Maplewood Nature, to be installed at Maplewood Nature Center. Resolution 24-05-2312 RESOLUTION TO ACCEPT A PATIO PAVER DONATION FROM THE FRIENDS OF MAPLEWOOD NATURE FOR MAPLEWOOD NATURE CENTER BIRD AND POLLINATOR VIEWING AREA WHEREAS the City of Maplewood has received a donation of patio pavers for the Maplewood Nature Center bird and pollinator viewing area with a value of $600.29 from The Friends of Maplewood Nature; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Natural Resources Division to accept this donation Seconded by CouncilmemberCave Ayes – All The motion passed. 4.MN Highway 36 Multimodal Corridor Study Update Public Works Director Love introduced the item. David Elvin,Transportation Planner with MNDOT, gave the presentation and answered questions of the council. May13, 2024 City Council Meeting Minutes Counil Packet Page Number 4 of 285 2 E2 No Action Required. 5.Strategic Plan Update for First Quarter of 2024 Senior Administrative Manager Knutson gave the presentation. oved to accept the Strategic Plan Report for First Quarter of 2024. CouncilmemberLeem Seconded by CouncilmemberCave Ayes – All The motion passed. G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by onemotion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda item G4was highlighted. CouncilmemberCavemoved toapprove agenda items G1-G4. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 1.Approval of Claims CouncilmemberCavemoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 898,819.32 Checks # 120986 thru # 121020 dated 04/23/24 $ 187,545.97 Checks # 121021 thru # 121065 dated 05/07/24 $ 553,408.68 Disbursements via debits to checking account dated 04/15/24 thru 05/05/24 $ 1,639,773.97 Total Accounts Payable PAYROLL $ 712,168.29 Payroll Checks and Direct Deposits dated 04/26/24 $ 712,168.29 Total Payroll May13, 2024 City Council Meeting Minutes Council Packet Page Number 5 of 285 3 E2 $ 2,351,942.26 GRAND TOTAL Seconded by Councilmember Juenemann Ayes – All The motion passed. 2.Bituminous Material Purchases for 2024 Spot Paving CouncilmemberCavemoved to authorize the Street Superintendent to purchase bituminous materials in an amount up to $85,000 for the 2024 street maintenance season. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 3.Purchase of Equipment for Buildout of a 1–Ton Truck CouncilmemberCavemoved to approve thepurchase of equipment to buildout one Public Works 1-ton truck and direct the Mayor and City Manager to enter into a contract for the purchase under MN State Contract with ABM Equipment for the total purchase cost of $89.883.00. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 4.2024 Maplewood Open Space Prescribed Burns CouncilmemberCavemoved to approve the Independent Contractor Services Agreement with Edge Ecosystems for the 2024 Maplewood Open Space Prescribed Burns project and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney, are authorized as needed. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. H.PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.Resolution Providing for the Issuance and Sale of General Obligation Improvement Bonds, Series 2024A, $4,880,000 May13, 2024 City Council Meeting Minutes Counil Packet Page Number 6 of 285 4 E2 Finance Director Ruebgave the staff report. Dan Tienter, Municipal Advisorwith Ehlers, provided further information. annmoved to adopt the Resolution Providing for the Issuance and CouncilmemberJuenem Sale of General Obligation Improvement Bonds, Series 2024A, to be issued in the Proposed Aggregate Principal Amount of $4,880,000. Resolution 24-05-2313 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALEOF GENERAL OBLIGATION IMPROVEMENT BONDS,SERIES 2024A, IN THE PROPOSED AGGREGATE PRINCIPALAMOUNT OF $4,880,000 BE IT RESOLVED By the City Council of the City of Maplewood, Minnesota (the “City”) asfollows: Section 1. Authorization. (a)The City is authorized by Minnesota Statutes, Chapters 429 and 475, as amended (the“Act”),to issue obligationsinanamountdeemednecessaryto defrayinwholeorinpartthe expense incurredandestimatedto be incurred inmaking improvements authorized by the Act. (b)CertainassessablepublicimprovementsintheCity(the“Improvements”) have been made, duly ordered, or contracts let pursuant to the provisions of the Act. (c)TheCityproposestoissueitsGeneralObligationImprovement Bonds, Series 2024A(the“Bonds”),intheproposedaggregateprincipal amountof$4,880,000,pursuant to the Act, toprovide financingfor the Improvements. (d)The City is authorized by Section 475.60, subdivision 2(9) of the Act to negotiate thesaleoftheBonds,itbeingdeterminedthattheCityhas retainedanindependentmunicipal advisorinconnectionwith such sale. TheactionsoftheCitystaffandmunicipaladvisorin negotiating the sale oftheBonds are ratifiedand confirmed inall aspects. SaleoftheBond. The City Councilfinds it necessary and expedient to the Section 2. sound financialmanagementoftheaffairsoftheCityto issue theBondsintheproposed aggregateprincipal amountof$4,880,000,pursuanttotheAct,toprovidefinancingforthe Improvements.TheBondswill beissued, sold, and delivered in accordancewith the Terms ofProposalto beprepared in connection with the offering and the sale ofthe Bonds. Section 3. AuthorityofMunicipalAdvisor. Ehlersand Associates, Inc.(the“Municipal Advisor”)isauthorizedanddirectedtonegotiatetheBonds.TheCityCouncilwillmeet onMonday, June10,2024(or such otherdateastheCityCouncilshalldeemappropriate), toconsiderproposalsfor the purchaseofthe Bonds and totakeany other appropriateaction withrespect to the Bonds. May13, 2024 City Council Meeting Minutes Council Packet Page Number 7 of 285 5 E2 Section 4. AuthorityofBondCounsel. ThelawfirmofKennedy & Graven,Chartered, as bondcounselfortheCity(“BondCounsel”),isauthorizedtoactasbondcounseland to assist inthe preparationandreviewofnecessarydocuments, certificates, and instrumentsrelatingtotheBond.The officers,employees,andagentsoftheCityare herebyauthorizedto assist BondCounselinthe preparation ofsuchdocuments, certificates, andinstruments. Section 5. Covenants.IntheresolutionawardingthesaleoftheBonds,theCity Council will set forth the covenants and undertakings required by the Act. Section 6. OfficialStatement. InconnectionwiththesaleoftheBonds,theofficers or employeesoftheCityareauthorizedanddirectedtocooperatewiththeMunicipal Advisorand participatein the preparation of an official statement for the Bonds and to deliver it on behalf of the Cityupon its completion DeclarationofOfficialIntenttoReimburseCertainCostsfromProceedsof Section 7. theBonds. TheCityherebymakesthisdeclarationofofficialintent(the“Declaration”)to reimbursethe expendituresmadeforcertain costs oftheImprovements,fromtheproceeds oftheBondsinaccordance withTreasuryRegulations,Section1.150-2 (the “ReimbursementRegulations”). Allreimbursed expenditureswillbecapital expenditures, costs of issuance of the bonds, orother expenditureseligible for reimbursementunder Section1.150-2(d)(3)oftheReimbursementRegulations. ThisDeclarationhas been madenotlaterthansixty(60)daysafterpaymentofanyoriginalexpendituretobesubject toa reimbursementallocationwithrespecttotheproceedsoftax-exemptbonds,except forthefollowing expenditures: (a)costsofissuanceofbonds;(b) costs inanamount notinexcessofthelesserof$100,000orfivepercent(5%)oftheproceedsofanissue; or (c) “preliminaryexpenditures”uptoan amountnotinexcessoftwentypercent(20%) oftheaggregate issue priceofthe issue orissuesthat financeorarereasonably expectedbytheCitytofinancetheprojectforwhichthepreliminary expenditures wereincurred. Theterm“preliminaryexpenditures”includesarchitectural,engineering, surveying,soiltesting,bondissuance,andsimilarcoststhatareincurredpriorto commencementof acquisition,construction,orrehabilitationof a project,otherthanland acquisition,sitepreparation,and similarcostsincidentto commencement of construction. Seconded by CouncilmemberLee Ayes – All The motion passed. K.AWARD OF BIDS 1.Resolution Receiving Bids and Awarding Construction Contract, 2024 Maplewood Street Improvements, City Project 23-08 Assistant City Engineer Jarosch gave the staff report. ann moved to adopt the resolution receiving bids and awarding a CouncilmemberJuenem construction contract for the 2024 Maplewood Street Improvements, City Project 23-08, to Forest Lake Contracting for the Base Bid and Bid Alternate 1. Resolution 24-05-2314 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT May13, 2024 City Council Meeting Minutes Counil Packet Page Number 8 of 285 6 E2 WHEREAS, pursuant to resolution passed by the City Council on March 25, 2024, approving plans and specifications and advertising for bids for 2024 Maplewood Street Improvements, City Project 23-08, and WHEREAS, the plans and specifications were advertised for bids pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, bids were received and opened on April 24, 2024 at 10:00 A.M. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the combined Base Bid and Bid Alternate No.1 of Forest lake Contracting in the amount of $8,636,221.30 is the lowest responsible bid for the construction of 2024 Maplewood Street Improvements, City Project 23-08, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract for the combined Base Bid and Bid Alternate 1 with said bidder for and on behalf of the City. The previously approved financing plan for the 2024 Maplewood Street Improvements, City Project 23-08 is shown below. Project Financing Plan Funding SourceTotal Amount% of Total General Obligation (G.O.) Improvement Bonds$4,759,33444% Street Revitalization Fund$658,0826% Environmental Utility Fund$2,156,00020% Ramsey-Washington Metro Watershed$125,0001% Sanitary Sewer Fund$430,0004% Water Area Fund$83,4001% St. Paul Regional Water Services (SPRWS)$1,086,80010% Special Benefit Assessments$1,579,58414% Total Project Funding:$10,878,200100% The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project and to further prepare a budget adjustment based on final construction costs after project completion Seconded by CouncilmemberVillavicencio Ayes – All The motion passed. L.ADJOURNMENT Mayor Abramsadjourned the meeting at8:07p.m. . May13, 2024 City Council Meeting Minutes Council Packet Page Number 9 of 285 7 F1a CITY COUNCIL STAFF REPORT Meeting Date May 28, 2024 REPORT TO: City Council REPORT FROM: Michael Sable, City Manager PRESENTER: Michael Sable, City Manager AGENDA ITEM: Council Calendar Update Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: June 10: Workshop: Community Events and Engagement; St. Paul Regional Water/ Rondo Land Trust Concept Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. Council Schedule for Maplewood Living through December 2024: Issue Contributor Due Date Juenemann June 17, 2024 July 2024 Cave/TBD July 17, 2024 August 2024 Villavicencio/TBD August 19, 2024 September 2024 Lee September 18, 2024 October 2024 TBD October 20, 2024 November 2024 Sable November 15, 2024 December 2024 Subject to change after election filings in May, as no active candidates will be allowed to contribute. Counil Packet Page Number 10 of 285 F1a 2024 Major Community Outreach Events Touch-a-Truck Wednesday, June 12 (5:30 Î 8 pm) YMCA Parking Lot Bike Giveaway Saturday, June 15 (9 Î 11 am) Harvest Park Big Red Barn Farmers Market Sunday, June 16 (9 am Î 1 pm) Maplewood Historical Museum Pickleball with Public Safety Saturday, June 29 (1 Î 4 pm) Harvest Park Light It Up Maplewood Thursday, July 4 (4 Î 11 pm) Hazelwood Park Putt Putt with Public Safety Thursday, July 11 (1 Î 4 pm) Goodrich Golf Dome Pickleball with Public Safety Sunday, July 14 (2 Î 5 pm) Sherwood Park Council Packet Page Number 11 of 285 F3 CITY COUNCIL STAFF REPORT Meeting Date May 28, 2024 REPORT TO: City Council REPORT FROM: Mike Darrow, Assistant City Manager / HR Director PRESENTER: Michael Sable, City Manager and Mike Darrow, Assistant City Manager / HR Director AGENDA ITEM: Resolution of Appreciation for Retiring Human Resource Manager Terrie Rameaux Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The city is recognizing Terrie RameauxÓs 34 years of dedicated service to Maplewood. Ms. Rameaux will be retiring on June 4, 2024. Recommended Action: Motion to approve the resolution of appreciation for Human Resource Manager Terrie Rameaux. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment N/A Background: A resolution recognizing Human Resource Manager Terrie Rameaux and the impact she has had on the City of Maplewood. Attachments: 1.Resolution of Appreciation for Human Resource Manager Terrie Rameaux Counil Packet Page Number 12 of 285 F3, Attachment 1 RESOLUTION OF APPRECIATION FOR RETIRING HUMAN RESOURCE MANAGER TERRIE RAMEAUX WHEREAS, Terrie Rameaux began working for the City of Maplewood as the Secretary for the Finance Department on June 4, 1990, becoming Executive Secretary in January 1992, and transferring to the Human Resource Department in January 2005 where she has held multiple positions, culminating in her current role as Human Resource Manager; and WHEREAS, through Terrie RameauxÓs leadership, the City of MaplewoodÓs Human Resource department has grown significantly over the years; and WHEREAS, Terrie Rameaux has provided professional services to our employees throughout her 34 years as an employee of the City of Maplewood; and WHEREAS, Terrie Rameaux has met with hundreds of employees throughout her years of service assisting them with managing difficult decisions, providing guidance, and addressing issues with compassion and care; and WHEREAS, Terrrie Rameaux has been a tireless advocate for our staff and has worked with our seven labor unions on issues of pay, pay equity, health insurance, and benefits; and WHEREAS, Terrie RameauxÓs work ethic, attention to detail and collaborative spirit will be greatly missed and her legacy as our Human Resource Manager will live on for years to come. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its residents, that Terrie Rameaux is being extended our gratitude and appreciation for her professionalism and dedicated service over the past 34 years. Passed by the Maplewood City Council on May 28, 2024. Marylee Abrams, Mayor Attest: ________________________________ Andrea Sindt, City Clerk Council Packet Page Number 13 of 285 F4 CITY COUNCIL STAFF REPORT Meeting Date May 28, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Joe Sheeran, HPC Liaison PRESENTER: Joe Sheeran, HPC Liaison AGENDA ITEM: Resolution Awarding the 2023 Maplewood Heritage Award to Virginia Gaynor Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The Maplewood Heritage Award recognizes an individual annually who has positively influenced our CityÓs past or strengthened the preservation of Maplewood history and culture. At its April 2024 meeting, the Heritage Preservation Commission selected Virginia Gaynor as the 2023 Maplewood Heritage Award recipient. Recommended Action: Motion to approve the resolution awarding the 2023 Maplewood Heritage Award to Virginia Gaynor. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Ms. Gaynor has made significant contributions to the preservation of Maplewood history and historic sites through research, preservation, education and outreach initiatives. Background: Virginia Gaynor - the CityÓs Former Natural Resources Coordinator Î served as HPC liaison for six years (2013 Î 2019). As liaison: She oversaw the Historic Context Study th Contributed articles and helped publish 60 Stories, a book celebrating MaplewoodÓs 60 anniversary, Counil Packet Page Number 14 of 285 F4 Held a lead role on the Gladstone Savanna restoration and dedication project. Served the commission with professionalism, attention to detail and a positive demeanor. Attachments: 1.Resolution Council Packet Page Number 15 of 285 F4, Attachment 1 Resolution Awarding the 2023 Maplewood Heritage Award to Virginia Gaynor Whereas, Virginia Gaynor served as staff liaison to the Heritage Preservation Commission from May 2013 to June 2019. Among her many attributes, those who nominated her for this award, appreciate her attention to detail, professionalism and positive attitude; and Whereas, Ms. Gaynor was instrumental in several large projects that preserved and celebrated Maplewood History; and Whereas, she oversaw the Historic Context Study. Maplewood is still using this report today. It surveyed a wide range of buildings and open spaces thorough the City, provided their context within the CityÓs history and recommended ways to preserve or commemorate the parcels; and Whereas, Ms. Gaynor helped direct the publication of 60 Stories, a book that brought to life many aspects of MaplewoodÓs 60-year history as an incorporated City. She authored six of the 60 stories; and Whereas, in her role as both Natural Resources Coordinator and HPC Liaison, Ms. Gaynor played a lead role in surveying the Gladstone Savannah, former site of a large-scale rail maintenance yard. Through the work, they were able to determine where key structures were located, which helped them mark and recreate some aspects of the rail yard. BECAUSE OF THESE ACTIONS, IT IS HEREBY RESOLVED on behalf of the City of Maplewood, that Virginia Gaynor is presented the Maplewood Heritage Award, which recognizes an individual who has significantly contributed to preservation of Maplewood history or historic sites through research, preservation, or education and outreach. Passed by the Maplewood City Council on May 28, 2024. ______________________________ Marylee Abrams, Mayor Attest: ________________________________ Andrea Sindt, City Clerk Counil Packet Page Number 16 of 285 F5 CITY COUNCIL STAFF REPORT Meeting Date May 28, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Joe Sheeran, HPC Liaison PRESENTER: Joe Sheeran, HPC Liaison AGENDA ITEM: Resolution of Appreciation for HPC Commissioner Barbara Kearn Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: When commissioners end their time and service on a board or commission, the city considers a resolution of appreciation recognizing the individual for their service to the City of Maplewood. Recommended Action: Motion to adopt the Resolution of Appreciation for Barbara Kearn. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The City of Maplewood appreciates its citizen volunteers who serve on the cityÓs boards and commissions and help to provide residentsÓ perspective on City issues. Background: Barbara Kearn has informed staff that she no longer wishes to serve on the Heritage Preservation Commission (HPC). Commissioner Kearn has served on the commission since October of 2021. Attachments: 1.Resolution Council Packet Page Number 17 of 285 F5, Attachment 1 RESOLUTION OF APPRECIATION Whereas, Barbara Kearn has been a member of the Maplewood Heritage Preservation Commission from October 2021 to April 2024; and Whereas, the Heritage Preservation Commission and the City Council appreciate her experience, insights, and good judgment; and Whereas, she has freely given her time and energy, without compensation, for the betterment of Maplewood; and Whereas, Commissioner KearnÓs service far exceeded her duty of preparing for and attending Heritage Preservation Commission meetings. She also worked on grants, preservation projects, and attended the three-day Preserve Minnesota Conference in 2022; and Whereas, the City of Maplewood has greatly benefited from her dedication and leadership. THEREFORE, IT IS HEREBY RESOLVED on behalf of the City of Maplewood, Minnesota, and its citizens that Barbara Kearn is extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on May 28, 2024. Marylee Abrams, Mayor Attest: Andrea Sindt, City Clerk Counil Packet Page Number 18 of 285 G1 Council Packet Page Number 19 of 285 G1, Attachments Counil Packet Page Number 20 of 285 G1, Attachments Council Packet Page Number 21 of 285 G1, Attachments Counil Packet Page Number 22 of 285 G1, Attachments Council Packet Page Number 23 of 285 G1, Attachments Counil Packet Page Number 24 of 285 G1, Attachments Council Packet Page Number 25 of 285 G1, Attachments Counil Packet Page Number 26 of 285 G1, Attachments Council Packet Page Number 27 of 285 G1, Attachments Counil Packet Page Number 28 of 285 G1, Attachments Council Packet Page Number 29 of 285 G1, Attachments Counil Packet Page Number 30 of 285 G1, Attachments Council Packet Page Number 31 of 285 G2 CITY COUNCILSTAFF REPORT Meeting Date May 28, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: Local Lawful Gambling Permit for Associated General Contractors of MN, Keller Golf Course, 2166 Maplewood Drive Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: A request for a Local Lawful Gambling permit has been submitted by Associated General Contractors of MN. Approval of the request would allow lawful gambling activity to be conducted during the organization’s 2024 AGC Golf Tournament held at Keller Golf Course, 2166Maplewood Drive, on August 2, 2024. Recommended Action: Motion to approve the Local Lawful Gambling permit for Associated General Contractors of MN for their event on August 2, 2024 at Keller Golf Course, 2166 Maplewood Drive. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: na Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Council approval is required prior to issuance of a local gambling permit, per City Code Sec. 22-12. Background: Lawful gambling activity conducted at this event is exempt from state licensure under MN §349.166. MN §349.213 authorizes cities to require a local permit for conduct of lawful gambling exempt from state licensing requirements. Attachments: None Counil Packet Page Number 32 of 285 G3 CITY COUNCILSTAFF REPORT Meeting Date May 28, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, White Bear Meadery, 1320 County Road D Circle East Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The conditional use permit for White Bear Meadery, located at 1320 County Road D Circle East, is due for its annual review. Recommended Action: Motion to approve the CUP review for White Bear Meadery, located at 1320 County Road D Circle East, and review only if a problem arises or a significant change is proposed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment City ordinance requires the council to review conditional use permits within one year of initial approval unless the council decides to waive such review. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: On March 8, 2021, the city approved a conditional use permit for a place of amusement, recreation, or assembly on the property for White Bear Meadery to operate on this site. All issues related to building permits and keeping animals on-site have been resolved for multiple years. The owner has an active permit to keep chickens on the property. That permit is also in good standing. Staff inspected the site for this review, and all approval conditions are being met. Staff recommends reviewing this permit again only if a problem arises or a significant change is proposed. Council Packet Page Number 33 of 285 G3 Reference Information Site Description Site Size: 1.77 Acres Surrounding Land Uses North: City of Vadnais Heights and multifamily development East: Highway 61 South: Commercial Retail West: Single Dwelling Residential Planning Existing Land Use: Commercial Existing Zoning: M1, Light Manufacturing Attachments: 1.Overview Map 2.City Council Minutes, Dated March 8, 2021 Counil Packet Page Number 34 of 285 G3, Attachment 1 Council Packet Page Number 35 of 285 G3, Attachment 2 Counil Packet Page Number 36 of 285 G3, Attachment 2 Council Packet Page Number 37 of 285 G3, Attachment 2 Counil Packet Page Number 38 of 285 G3, Attachment 2 Council Packet Page Number 39 of 285 G4 CITY COUNCILSTAFF REPORT Meeting Date May 28, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Gladstone Village, 1310 Frost Avenue East Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The conditional use permit for Gladstone Village, located at 1310 Frost Avenue East, is due for its annual review. Recommended Action: Motion to approve the CUP review for Gladstone Village, located at 1310 Frost Avenue East, and review again in one year. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment City ordinance requires the council to review conditional use permits within one year of initial approval unless the council decides to waive such review. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: On May 8, 2023, the city council approved a conditional use permit to construct a 65-unit affordable multifamily apartment project on an approximately 1.59-acre site at the corner of Frost Avenue and English Street—1310 Frost Avenue East. The ordinance states that when conditional use permits are granted, the proposed construction must be substantially started within one year unless the council grants a one-year extension. Counil Packet Page Number 40 of 285 G4 Although the project has yet to start, the building permit is ready to be issued, and site work is expected to begin this spring. Staff has no concerns regarding the progress of this project. Reference Information Site Description Site Size: 1.59 Acres Surrounding Land Uses North: Frost Avenue, multi-tenant commercial building and a vacant building East: Bruce Vento Trail and commercial buildings South: Manufactured home park West: English Street and Gladstone Savanna Planning Existing Land Use: Mixed-Use – Neighborhood HD Existing Zoning: Mixed-Use Attachments: 1.Overview Map 2.Site Plan 3.City Council Minutes, Dated May 8, 2023 Council Packet Page Number 41 of 285 G4, Attachment 1 Location Map March 30, 2023 City of Maplewood Legend ! I 0475 Feet Source: City of Maplewood, Ramsey County Counil Packet Page Number 42 of 285 , Attachment 2 Maplewood, MN 55109-4418901 NORTH THIRD STREET, SUITE 145, MINNEAPOLIS, MN 55401 1310 Frost Ave E© URBANWORKS ARCHITECTURE LLC, 2019 JS BMS 19-0012 3/21/2023 JB Vang - Gladstone Village L110 LAND USE APP HARDSCAPEPLAN 3.21.2023CHECKED BY CONSULTANT 310 South 4th Avenue, Suite 7050Minneapolis, MN 55415p: 612.332.7522 PRELIMINARYNOT FORCONSTRUCTION LAND USE APPLICATION REVISIONSDATEPROJECT #PHASEDRAWN BY EDGINGDESCRIPTIONEDGING TYPE 1 - STEEL EDGEREDGING TYPE 2 - 8X8 TIMBER EDGERFENCE & GUARDRAILDESCRIPTIONFENCE TYPE 1 - CHAIN LINK - 4.5'FENCE TYPE 2 - CHAIN LINK - 6'PAVINGDESCRIPTIONPAVING TYPE 1 - CONCRETE WALKPAVING TYPE 2 - CRUSHED STONEPAVING TYPE 3 - WOOD MULCH P-02P-03 FE-02 ED-01ED-02FE-01P-01 MATERIALS LEGEND SYMBOLSYMBOLSYMBOL NORTH 30 20 10 1" = 10' ED-01 P-01 FE-02 SCALE: 0 ED-01 ED-01 FE-01 P-02 DOG RUN P-02 (bid alternate) ED-01 ED-01 P-01 ED-01 P-02 ED-01 ED-01 ED-01 P-03 PLAYGROUND P-01 P-01 ED-02 ED-02 FE-02 P-01 PATIO P-02 ED-01 ED-01 ED-01 P-01 P-01 P-01 C:\\!Revit Project Files\\19-0012 A22 Central_JHighley@urban-works.com.rvt3/20/2023 1:38:11 PM Council Packet Page Number 43 of 285 G4, Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 08, 2023 City Hall, Council Chambers Meeting No. 09-23 J.NEW BUSINESS 2.JB Vang Multifamily Residential Project, 1310 Frost Avenue East a.Conditional Use Permit Resolution b.Design Review Resolution City Planner Hammond gave the staff report. Justin Fincher, Developer with JB Vang Partners, addressed council, provided further information, and answered questions of council. Councilmember Cave moved to approve the resolution for a conditional use permit approving a four-story, 65-unit multifamily apartment project to be constructed at 1310 Frost Avenue East. Resolution 23-05-2209 CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Ashley Bisner, of JB Vang, has requested approval of a conditional use permit to permit a four-story multifamily building. 1.02 The property is located at 1310 Frost Avenue East and is legally described as: PIN: 152922320076. Lots 1, 2, 3, 4, 5, 6, and 7, except the South 7 feet of said Lot 7, Block 3, Gladstone, according to the recorded plat thereof, together with the vacated Ridge Street adjacent, Ramsey County, Minnesota. Abstract Property Section 2. Standards. 2.01 City Ordinance Section 44-359 requires a Conditional Use Permit for multiple dwelling buildings that exceed a height of 35 feet. 2.02 General Conditional Use Permit Standards. City Ordinance Section 44- 1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. Counil Packet Page Number 44 of 285 G4, Attachment 3 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1.On April 18, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. 2.On May 8, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. The Planning Commission recommended that the City Council approve this resolution. Section 5. City Council 5.01 The city council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the Council Packet Page Number 45 of 285 G4, Attachment 3 following conditions: 1. All construction shall follow the approved plans, date-stamped March 31, 2023. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. A parking waiver of 27 parking spaces is approved. If a parking shortage develops, the city council may require additional parking spaces to be constructed. Seconded by Councilmember Villavicencio Ayes – All The motion passed. Councilmember Lee moved to approve the resolution for design review approving a four- story, 65-unit multifamily apartment project to be constructed at 1310 Frost Avenue East. Resolution 23-05-2210 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Ashley Bisner, of JB Vang, has requested approval of design review to permit a four-story multifamily building. 1.02 The property is located at 1310 Frost Avenue East and is legally described as: 1.03 PIN: 152922320076. Lots 1, 2, 3, 4, 5, 6, and 7, except the South 7 feet of said Lot 7, Block 3, Gladstone, according to the recorded plat thereof, together with the vacated Ridge Street adjacent, Ramsey County, Minnesota. Abstract Property Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or Counil Packet Page Number 46 of 285 G4, Attachment 3 proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above-described site and design plans are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date-stamped March 31, 2023. Approval is subject to the applicant doing the following: 1.Obtain a conditional use permit from the city council for this project. 2.Repeat this review in two years if the city has not issued a building permit for this project. 3.All requirements of the fire marshal and building official must be met. 4.Satisfy the requirements set forth in the engineering review authored by Jon Jarosch, dated April 10, 2023. 5.Satisfy the requirements set forth in the environmental review authored by Shann Finwall, dated April 11, 2023. 6.The applicant shall obtain all required permits from the Ramsey- Washington Metro Watershed District. 7.Rooftop vents and equipment shall be located out of view from all sides of the property. 8.Any identification or monument signs for the project must meet the requirements of the city’s mixed-use sign ordinance. Identification or monument signs shall be designed to be consistent with the project’s building materials and colors. 9.Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: Council Packet Page Number 47 of 285 G4, Attachment 3 a.The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b.A revised landscape plan that details screening along the south property line that meets city code requirements. c.A revised photometric plan that meets city code requirements. 10.The applicant shall complete the following before occupying the building: a.Replace any property irons removed because of this construction. b.Provide continuous concrete curb and gutter around the parking lot and driveways. c.Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d.Install all required outdoor lighting. e.Install all required sidewalks and trails. 11.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 12.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Juenemann Ayes – All The motion passed. Counil Packet Page Number 48 of 285 G5 CITY COUNCILSTAFF REPORT Meeting Date May 28, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Galahad Senior Housing Development, 1910 County Road C East Action Requested:MotionDiscussionPublic Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The conditional use permit for the Galahad Senior Housing Development, located at 1910 County Road C East, is due for its annual review. Recommended Action: Motion to approve the CUP review for the Galahad Senior Housing Development, located at 1910 County Road C East, and review again in one year. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment City ordinance requires the council to review conditional use permits within one year of initial approval unless the council decides to waive such review. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: On March 13, 2023, the city council approved a conditional use permit to construct a 61,148- square-foot, 72-unit, two-story assisted living and memory care building on the vacant land at 1910 County Road C East. Construction and overall site work are underway. Staff has no concerns regarding the progress of this project. Council Packet Page Number 49 of 285 G5 Reference Information Site Description Site Size: 3.76 Acres Surrounding Land Uses North: Single-family homes and a car wash East: Commercial uses South: Ramsey County open space and commercial uses West: Ramsey County open space and a single-family home Planning Existing Land Use: Mixed-Use – Neighborhood Existing Zoning: Business Commercial Attachments: 1.Overview Map 2.Site Plan 3.City Council Minutes, Dated March 13, 2023 Counil Packet Page Number 50 of 285 G5, Attachment 1 1910 County Road C East - Overview Map December 7, 2022 City of Maplewood Legend ! I 0475 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 51 of 285 G, Attachment 2 11/23/2022 52209 REG # CITY / ISSUE RECORD KEVIN A. BOHL REVIEW SET WATERSHED C2.0 Date:___XX/XX/22_____ ASSISTED LIVING WH CARETTA& MEMORY CARE MAPLEWOOD, MN21435.50NPA GRADING, 11/23/22 DRAINAGE, ANDEROSION CONTROLPLAN I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of Minnesota No.DescriptionDate PLOT DATE: c c c c c c c c c c c c c c c c c Counil Packet Page Number 52 of 285 G5, Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 13, 2023 City Hall, Council Chambers Meeting No. 05-23 J. NEW BUSINESS 2. Assisted Living and Memory Care Project, 1910 County Road C East a. Conditional Use Permit and Wetland Buffer Setback Variance Resolution b. Design Review Resolution Community Development Director Parr gave the presentation. Lucas Larson, with Galahad Development, addressed council and provided additional information. Councilmember Juenemann moved to approve a resolution for a conditional use permit and wetland buffer setback variance for a two-story assisted living and memory care facility to be constructed on the vacant land at 1910 County Road C East. Resolution 23-03-2187 CONDITIONAL USE PERMIT AND WETLAND BUFFER SETBACK VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Lucas Larson, of Galahad Development, LLC, has requested approval of a conditional use permit to permit a multi-family senior housing building in the Business Commercial zoning district. 1.02 Lucas Larson, of Galahad Development, LLC, has also requested approval for a 100-foot wetland buffer setback variance. 1.03 The property is located at 1910 County Road C East and is legally described as: PIN: 112922220041 – That part of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 11, Township 29 North, Range 22 West , Ramsey County, Minnesota described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence West, assumed bearing, along the north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter a distance of 170.00 feet to the west line of the East 170.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter and the point of beginning; thence South 00 degrees 00 minutes 08 seconds East along said west line 225.00 feet to the south line of the North 225.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence East along said south line 170.00 feet to the east line of said Northeast Quarter Council Packet Page Number 53 of 285 G5, Attachment 3 of the Northwest Quarter of the Northwest Quarter; thence South 00 degrees 00 minutes 08 seconds East along said east line 429.00 feet to the south line of the North 654.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence West along said south line 396.50 feet to the west line of the East 396.50 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter: thence North 00 degrees 00 minutes 08 seconds West along said west line 321.00 feet to the south line of the North 333.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence East along said south line 166.50 feet to the west line of the East 230.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter: thence North 00 degrees 00 minutes 08 seconds West along said west line 333.00 feet to said north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence East along said north line 60.00 feet to the point of beginning. Abstract Property Section 2. Standards. 2.01 City Ordinance Section 4 4-512 (1) of the Business Commercial zoning district requirements states that a conditional use permit may be granted for “all permitted uses in the R3 district.” 2.02 City Ordinance Section 18-221 (d) (1) requires a minimum buffer width of 100 feet from Manage A Wetlands and Streams where no building, grading, or mowing is permitted. 2.03 General Conditional Use Permit Standards. City Ordinance Section 44- 1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. Counil Packet Page Number 54 of 285 G5, Attachment 3 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 2.04 Wetland Buffer Variance Standards. City Ordinance Section 18-221 (h) (1) provides procedures for granting a variance to the wetland ordinance requirements and refers to the state statute where a variance may be granted when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) The proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner; (3) the proposal will not alter the essential character of the locality. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. 3.02 The proposal meets the specific procedures for granting a variance to the wetland ordinance requirements for the following reasons. 1. Wetland buffer mitigation will improve the existing buffer with native plants and seed. 2. The existing conditions on this property are unique and not caused by the property owner. 3. The proposed building would complement the surrounding buildings without altering the essential character of the area. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1. On January 25, 2023, the Environmental and Natural Resources Commission reviewed the request. The Environmental and Natural Resources Commission recommended that the City Council approve this resolution. 2. On February 21, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Council Packet Page Number 55 of 285 G5, Attachment 3 planning commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve this resolution. 3. On March 13, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby approves the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1. All construction shall follow the approved plans, date-stamped January 4, 2023. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval, or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. A parking waiver of 14 parking spaces is approved. If a parking shortage develops, the city council may require additional parking spaces to be constructed. 5. For the new parking lot to connect to the existing parking lots located on the properties at 2603 and 2607 White Bear Avenue, the applicant shall provide copies of cross-access and parking agreements with all affected, adjacent parcels before the issuance of any permits. If agreements are not in place, the applicant must maintain a five-foot setback between the new parking lot and the shared property lines to the east. 6. Before any permits are issued, the applicant must submit a plan to city staff showing how the potential queuing of cars onto County Road C East due to the shared drive used by the proposed senior housing use and the adjacent car wash will be mitigated. 7. This permit allows 72 senior housing units consisting of assisted living and memory care units. Minor changes to this unit count may be approved by staff. 8. The conversion of this building to independent senior housing or multifamily housing is not approved. The applicant must seek city council approval to revise the uses approved with this permit. 9. Storage of refuse containers should be accommodated inside the buildings. However, outdoor storage can be provided if adequately screened both architecturally and with landscaping. The location should minimize visibility from the street and neighboring buildings. Counil Packet Page Number 56 of 285 G5, Attachment 3 No refuse storage is allowed in front of the building, adjacent to the street. 10. Satisfy the requirements set forth in the engineering review authored by Jon Jarosch, dated January 11, 2023. 11. Satisfy the requirements set forth in the environmental review authored by Shann Finwall and Carole Gernes dated January 11, 2023. Seconded by Councilmember Cave Ayes – All The motion passed. Councilmember Juenemann moved to approve a resolution for design review for a two- story assisted living and memory care facility to be constructed on the vacant land at 1910 County Road C East. Resolution 23-03-2188 DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Lucas Larson, of Galahad Development, LLC, has requested approval of a design review for a multi-family senior housing building 1.02 The property is located at 1910 County Road C East and is legally described as: PIN: 112922220041 – That part of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 11, Township 29 North, Range 22 West, Ramsey County, Minnesota described as follows: Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence West, assumed bearing, along the north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter a distance of 170.00 feet to the west line of the East 170.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter and the point of beginning; thence South 00 degrees 00 minutes 08 seconds East along said west line 225.00 feet to the south line of the North 225.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence East along said south line 170.00 feet to the east line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence South 00 degrees 00 minutes 08 seconds East along said east line 429.00 feet to the south line of the North 654.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence West along said south line 396.50 feet to the west line of the East 396.50 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter: thence North 00 degrees 00 minutes 08 seconds West along said west line 321.00 feet to the south line of the North 333.00 feet of said Council Packet Page Number 57 of 285 G5, Attachment 3 Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence East along said south line 166.50 feet to the west line of the East 230.00 feet of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter: thence North 00 degrees 00 minutes 08 seconds West along said west line 333.00 feet to said north line of said Northeast Quarter of the Northwest Quarter of the Northwest Quarter; thence East along said north line 60.00 feet to the point of beginning. Abstract Property Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above-described site and design plans are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date-stamped January 4, 2023. Approval is subject to the applicant doing the following: 1. Obtain a conditional use permit from the city council for this project. 2. Repeat this review in two years if the city has not issued a building permit for this project. 3. All requirements of the fire marshal and building official must be met. 4. Satisfy the requirements set forth in the engineering review authored by Jon Jarosch, dated January 11, 2023. Counil Packet Page Number 58 of 285 G5, Attachment 3 5. Satisfy the requirements set forth in the environmental review authored by Shann Finwall and Carole Gernes dated January 11, 2023. 6. The applicant shall obtain all required permits from the Ramsey- Washington Metro Watershed District. 7. Rooftop vents and equipment shall be located out of view from the single-family homes to the north and northwest of the sides of the property. 8. Any identification or monument signs for the project must meet the requirements of the city’s sign ordinance. Identification or monument signs shall be designed to be consistent with the project’s building materials and colors. 9. Before the issuance of a building permit, the applicant shall submit for staff approval the following items: a. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b. For the new parking lot to connect to the existing parking lots located on the properties at 2603 and 2607 White Bear Avenue, the applicant shall provide copies of cross-access and parking agreements with all affected, adjacent parcels. If agreements are not in place, the applicant must maintain a five-foot setback between the new parking lot and the shared property lines to the east. c. The applicant must submit a plan to city staff showing how the potential queuing of cars onto County Road C East due to the shared drive used by the proposed senior housing use and the adjacent car wash will be mitigated. d. The applicant shall submit photos of building materials to city staff and members of the CDRB for review. e. The applicant shall provide adequate screening so the kitchen venting is screened visually from other businesses. 10. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. Council Packet Page Number 59 of 285 G5, Attachment 3 d.Install all required outdoor lighting. e.Install all required sidewalks and trails. 11.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 12.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Villavicencio Ayes – All The motion passed. Counil Packet Page Number 60 of 285 G6 CITY COUNCILSTAFF REPORT Meeting Date May 28, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Ryan Schroeder, Assistant Fire Chief PRESENTER: Ryan Schroeder, Assistant Fire Chief Purchase New Fire Engine AGENDA ITEM: Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The fire department is in need of replacing afire engine. The purchase is in the Capital Improvement Plan for 2024. Recommended Action: Motion to approve the purchase of a new fire engine. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $1,243,415.96 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Ensuring the department’s apparatus fleet is reliable and that it meets the current fire and EMS needs of the community. Background: As part of the Fire Department’s fleet replacement plan, this purchase replaces a 20 year-old engine that will have over 50,000 miles at the time of replacement. The new fire apparatus technology will improve firefighter safety through improved construction methods and safety components. The new fire engine will also allow the department to have a more uniform fleet which leads to greater continuity and will enhance our ability to serve the community. The purchase of this fire engine is part of the 2024 Capital Improvement Plan (CIP) with a budgeted amount of $1,100,000. Fire engine prices have increased nearly 40% since the end of 2020 and additional price increases are on the horizon. Due to significant price increases of fire apparatus, staff have re-prioritized other CIP projects as procurement of this apparatus is a high priority. The Council Packet Page Number 61 of 285 G6 brush truck which was in the 2023 CIP with a budgeted amount of $85,000 has not been purchased. In addition, a staff vehicle in the 2024 CIP with a budgeted amount of $62,000 has not been purchased. These purchases were delayed to account for the volatility in the fire apparatus market and to ensure that adequate funds were available to make the purchase of the 2024 engine. The agreement stipulates that the purchaser may be responsible for additional charges in the event of new mandates and/or part availability. Custom Fire staff advised additional charges are unlikely and that they do not believe we will experience unexpected costs. The chassis payment is due upon shipment of the chassis to Custom Fire. The amount of $510,410.00 is expected to be due during the February-June 2025 timeframe. The remainder of the build price will be due four to six months after the first payment. CIP$1,100,000 Brush Truck $85,000 Staff Vehicle $62,000 Total CIP Budgeted Amount $1,247,000 FIRE ENGINE REPLACEMENT PROJECT BUDGET Description Amount Fire Engine Build Price $1,114,622.00 Mobile Radio $6,128.64 EquipmentAllowance $122,665.32 Total Project Budget: $1,243,415.96 If approved, the fire engine will be purchased through the HGAC joint purchasing collaborative. The purchase will be funded from the general fund. Attachments: 1.HGAC Buy Document 2.Custom Fire Specifications 3.Motorola Mobile Radio Quotation 4.Custom Fire Contract Counil Packet Page Number 62 of 285 G6, Attachment 1 To: Joshua J. Cadoree (H-GAC Buy) From: CITY OF MAPLEWOOD FIRE DEPARTMENT of Maplewood, MN Date: 5/29/2024 Subject: HGAC FS12-23 CFA-CUSTOM-P Fire Department Pumper We confirm the order of the following per H-GAC FS12-23: One (1) – Product Code FS12-23 CFA-CUSTOM-P with Published Options and Customization at a cost of $1,112,622.00 plus $2,000.00for the HGAC order processing charge for a total of $1,114,622.00. The City of Maplewood, Minnesota’sHGAC member number is 12- 3127. Signed: Title: Telephone: e-mail: CityofMaplewood Office 651-249-2800 Maplewood Fire Departmentwww.maplewoodmn.gov/Fire 1530 County Rd C E Maplewood, MN 55109 Council Packet Page Number 63 of 285 G6, Attachment 2 Counil Packet Page Number 64 of 285 G6, Attachment 2 Council Packet Page Number 65 of 285 G6, Attachment 2 Counil Packet Page Number 66 of 285 G6, Attachment 2 Council Packet Page Number 67 of 285 G6, Attachment 2 Counil Packet Page Number 68 of 285 G6, Attachment 2 Council Packet Page Number 69 of 285 G6, Attachment 2 Counil Packet Page Number 70 of 285 G6, Attachment 2 Council Packet Page Number 71 of 285 G6, Attachment 2 Counil Packet Page Number 72 of 285 G6, Attachment 2 Council Packet Page Number 73 of 285 G6, Attachment 2 Counil Packet Page Number 74 of 285 G6, Attachment 2 Council Packet Page Number 75 of 285 G6, Attachment 2 Counil Packet Page Number 76 of 285 G6, Attachment 2 Council Packet Page Number 77 of 285 G6, Attachment 2 Counil Packet Page Number 78 of 285 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Number 207 of 285 G6, Attachment 2 Counil Packet Page Number 208 of 285 G6, Attachment 2 Council Packet Page Number 209 of 285 G6, Attachment 2 Counil Packet Page Number 210 of 285 G6, Attachment 2 Council Packet Page Number 211 of 285 G6, Attachment 2 Counil Packet Page Number 212 of 285 G6, Attachment 2 Council Packet Page Number 213 of 285 G6, Attachment 2 Counil Packet Page Number 214 of 285 G6, Attachment 3 Council Packet Page Number 215 of 285 G6, Attachment 3 Counil Packet Page Number 216 of 285 G6, Attachment 4 Council Packet Page Number 217 of 285 G6, Attachment 4 Counil Packet Page Number 218 of 285 G7 CITY COUNCILSTAFF REPORT Meeting Date May 28, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director/City Engineer Audra Robbins, Parks & Natural Resources Manager Neil Breneman, Recreation Programs Supervisor PRESENTER:Steven Love AGENDA ITEM: Afton Heights Park Field Use Agreement with St. Paul Rugby Football Club Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City of Maplewood is looking to enter into a field use agreement with St. Paul Rugby Football Club to establish the Afton Heights Rugby pitch as their home pitch. Recommended Action: Motion to approve the attached field use agreement with the St. Paul Rugby Football Club for Afton Heights Park and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney, are authorized as needed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment Providing the St. Paul Rugby Football Club the stability/ability to grow the sport of rugby will benefit the community and provide park improvements to the rugby pitch. This will provide beneficial updates to the area that will be able to be used by the community with no impact to the City budget. Council Packet Page Number 219 of 285 G7 Background: The St. Paul Jazz Pigs Rugby Football Club, now named The St. Paul Rugby Football Club, originally was a men’s rugby club founded in 1974. The Club’s Mission is as follows: It will be the purpose of the club to promote the spirit, educational and community aspects of rugby and the camaraderie associated with the game on and off the field of play, as well as acting as the means whereby players can be educated in the arts of the game and the organization of rugby clubs. The St. Paul Rugby Football Club’s long-term strategic plan focuses on the growth of the sport in stages which includes expanding youth rugby programs, women’s premier league playoffs, high school rugby tournaments and more. In order to see that plan through, they want to reestablish pipelines of players and teams and secure a long-term agreement for their home pitch. St. Paul Rugby Football Club has been renting the rugby pitch at Afton Heights Park for years and are looking to more formally establish the park as their home pitch. This stability would allow them to make improvements to the site similar to the semi-permanent goal posts that they purchased and had installed in 2021. These improvements will be entirely funded by the St. Paul Rugby Football Club and available for the public to use as well. The Club has been excellent to work with and have been great stewards of the park. They are grateful to utilize the Afton Height’s pitch for their club and are excited for the opportunity to bring more to the site. Club President Kevin White presented to the Parks and Recreation Commission in March of 2024 and the commission approved moving forward with the agreement. The City Attorney has reviewed the attached Afton Heights field use agreement. Staff recommends approving the attached agreement with the St. Paul Rugby Football Club. Attachments: 1.Afton Heights Park Field Use Agreement with St. Paul Rugby Football Club Counil Packet Page Number 220 of 285 G, Attachment 1 AFTON HEIGHTS PARK FIELD USE AGREEMENT WITH ST PAUL RUGBY FOOTBALL CLUB THIS AFTON HEIGHTS PARK USE AGREEMENT (the “Agreement”) is made and entered into this ________ day of __________ 2024 (the “Effective Date”) by and between the city of Maplewood, a municipal corporation under the laws of Minnesota (the “City") and the St Paul Rugby Football Club, a Minnesota corporation (the "SPRFC"). The City and SPRFC are each a “Party” and, collectively, the “Parties.” The Effective Date is the date the Agreement is executed by the second Party to sign. WHEREAS, the City is the owner of certain property commonly known as Afton Heights Park (the “Park”); and WHEREAS, the SPRFC operates a rugby club and wish to rent field space for practice and matches and promote the growth of rugby as a sport in the community; and WHEREAS, the SPRFC desires to use the portion of the Park illustrated on Exhibit A attached hereto (the “Use Area”) for its home pitch for practices and matches; and WHEREAS, the Parties wish to set forth theiragreement regarding the SPRFCs right to use and obligation to maintain the Use Area for its rugby club. NOW THEREFORE, THE CITY AND THE SPRFC AGREE AS FOLLOWS: 1.USE OF THE PARK. The City grants to the SPRFC the right to use, enjoy and control the Use Area, subject to the terms and conditions of this Agreement. The SPRFC shall have priority use of the Use Area during the rugby season. The SPRFC shall annually notify in writing the st City’s Parks and Natural Resources department by March 1 if they intend to use the Use Area that year and submit expected season dates and a schedule of matches and practices. Upon approval by the City, the SPRFC shall have exclusive use of the Use Area during such times. The City may schedule games and use of the Use Area at times not reserved by the SPRFC. The SPRFC shall pay the City the standard rental fee based on its actual usage of the Use Areaeach year.Rental invoices will be submitted to SPRFC at the conclusion of spring and summer seasons. 2.PLANNING AND CONSTRUCTION. Before making any physical changes or capital improvements to the Use Area, the SPRFC shall submit a master plan of the improvements, including a complete layout for proposed improvements, additional facilities orequipment, utilities, grading and identification of any plantings to the City for approval. All improvements and construction shall be done in compliance with applicable City codes, ordinances and laws. The SPRFC shall pay for all improvements constructed in the Use Area and will ensure that no liens attach to the Use Area or the Park as a result of such work. The SPRFC may remove and relocate any improvements they have constructed and paid for upon non-renewal or termination of this Agreement. Council Packet Page Number 221 of 285 G, Attachment 1 3.MAINTENANCE OF PREMISES. The SPRFC shall maintain the Use Area in good repair during the period of this Agreement in accordance with good park maintenance practices. The st of each SPRFC shall submit to the City’s Parks and Natural Resources department by April 1 season a plan for the yearly maintenance of the site, plan which shall include at a minimum: picking up all paper, trash and debris on the field and adjacent areas and properly dispose of same and maintaining all improvements and equipment in a safe and sanitary manner. 4.TERM. This Agreement is for a term of 5 years beginning on the Effective Date. This Agreement may be renewed for such additional periods as may be agreed upon by the Parties. 5.TERMINATION. Either Party may terminate this Agreement for any reason with six month’s written notice to the other Party. This Agreement may be terminated by either Party due to a breach by the other Party, following notice and a 30-day opportunity to cure the breach. 6.INDEMNIFICATION. The SPRFC hereby agree to hold harmless and indemnify the City, its officers, agents, and employees against any and all claims, losses, liabilities, damages, costs and expenses, including defense, settlement and attorneys’ fees, arising out of or resulting from loss of life, personal injury, property damage or other damages resulting from the SPRFC’s performance or failure to perform under this Agreement. 7.INSURANCE. During the term of this Agreement, the SPRFC will maintain adequate insurance to protect itself and the City from claims and liability for loss of life, personal injury or damage to property for all acts of SPRFC and its officers, employees, agents or contractors under this Agreement. The SPRFC shall name the City as an additional insured under its general liability policy and shall maintain limits of liability under such policy of not less than $2,000,000 per occurrence and $2,000,000 in the aggregate. The policy shall be issued by an insurance company licensed to do business in Minnesota and rated no less than A- by AM Best Company. The SPRFC shall provide the City a certificate of insurance or other evidence of insurance in compliance with this Agreement prior to commencing operations each year. 8.ADDITIONAL TERMS AND CONDITIONS a.The SPRFC agree that any printed advertising for any event will advertise that no alcohol of any kind may be brought into the Park, unless previously approved by the City and obtaining proper permits. b.The SPRFC assume full responsibility for the acts and conduct of all event participants and all persons present in the Use Area or the Park because of an event sponsored by the SPRFC or persons acting on behalf of the SPRFC. 2 Counil Packet Page Number 222 of 285 G, Attachment 1 c.The SP RFC shall fully comply with all laws, ordinances, rules and regulations of the City, and all federal, state and local government agencies having jurisdiction over the Park. 9.ARBITRATION AGREEMENT DISPUTE RESOLUTION. The City and the SPRFC agree that in the event there arises a dispute regarding this Agreement and the Parties are unable to amicably resolve their differences, the Parties agree to non-binding mediation. 10.APPLICABLE LAW. This Agreement shall be construed according to the laws of the State of Minnesota. 11.DATA PRACTICES. The SPRFC acknowledge that all data created, collected, received, stored, used, maintained or disseminated in performing its obligations under this Agreement is subject to the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13. 12.INDEPENDENT CONTRACTOR. The SPRFC acknowledge that in performing its obligations under this Agreement it is an independent contractor and not an employee of the City. 13.ASSIGNMENT. This Agreement may not be assigned by the SPRFC without the prior written approval of the City. 14.ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the SPRFC and the City. No provisions of this Agreement may be changed, waived or terminated unless done in writing executed by both the SPRFC and the City. CITY OF MAPLEWOOD By: Marylee Abrams Its: Mayor By: Michael Sable Its: City Manager 3 Council Packet Page Number 223 of 285 G, Attachment 1 ST PAUL RUGBY FOOTBALL CLUB By: Kevin White Its: President 4 Counil Packet Page Number 224 of 285 G, Attachment 1 EXHIBIT A Depiction of Use Area within Afton HeightsPark A-1 Council Packet Page Number 225 of 285 G8 CITY COUNCIL STAFF REPORT Meeting Date May 28, 2024 REPORT TO: Michael Sable, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt th AGENDA ITEM: Resolution to Conduct Off-Site Gambling for Merrick, Inc., July 4 Celebration at Hazelwood Park, 1663 County Road C East Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: A request to conduct Off-Site Gambling has been submitted by Merrick, Inc. Approval of the request will allow pull-tab gambling activity to occur during the July 4th Celebration held at Hazelwood Park, 1663 County Road C East. Recommended Action: Motion to approve the Resolution to Conduct Off-Site Gambling for Merrick, Inc. on Thursday, July th 4, 2024 during the July 4Celebration. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment A council-approved application and resolution is required to be submitted to the Minnesota Gambling Control Board. Background: Merrick, Inc. holds an Organization license with the Minnesota Gambling Control Board to conduct lawful gambling, and is eligible per MN §349.165 subd.5 to hold lawful gambling events at a location without obtaining a premises permit. Applications to conduct Off-Site gambling are processed and approved by the Minnesota Gambling Control Board; however, local approval by resolution must be obtained prior to submission. Attachments: 1. Resolution of Approval to Conduct Off-Site Gambling Counil Packet Page Number 226 of 285 G8, Attachment 1 RESOLUTION City Approval to Conduct Off-Site Gambling Within City Limits Merrick, Inc. WHEREAS, Merrick, Inc. has submitted an Application to Conduct Off-Site Gambling at the th July 4 Celebration at Hazelwood Park, 1663 County Road D East in Maplewood, MN 55109; and WHEREAS, the off-site gambling will take place during the July 4th Celebration on Thursday, July 4, 2024. BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that Application to Conduct Off-Site Gambling is approved for Merrick, Inc. during the date stated above. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Board approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Board for their approval. Council Packet Page Number 227 of 285 THIS PAGE IS INTENTIONALLY LEFT BLANK Counil Packet Page Number 228 of 285 H1 CITY COUNCILSTAFF REPORT Meeting Date May 28, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER:Danette Parr, Community Development Director Gladstone Village, 1310 Frost Avenue East AGENDA ITEM: a. Public Hearing b. Public Vacation of an Easement Resolution (4 Votes) Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Ashley Bisner of JB Vang, the developer of Gladstone Village, is requesting city approval of a public vacation of an easement in order to construct a 65-unit multifamily building at 1310 Frost Avenue East. The city council approved a conditional use permit and design review for this project on May 8, 2023. The city council is required to hold a public hearing related to a public vacation. Recommended Action: a. Hold the Public Hearing b. Motion to approve a resolution for the public vacation of an easement located within the site at 1310 Frost Avenue East. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $0 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The city deemed the applicant’s application complete on May 10, 2024. Background: JB Vang proposes building a four-story, 65-unit multifamily building at 1310 Frost Avenue East. For this project to be built, an existing unused utility easement needs to be vacated. The developer discovered this easement during due diligence before closing on the sale of the property. Council Packet Page Number 229 of 285 H1 Public Vacation of an Easement The applicant requests the public vacation of an easement initially taken for utilities on the site's east side as part of a vacation process in 1971 for an unused street right-of-way. This easement was never used for utility placement and currently contains no public or private utilities. The Engineering Department has no concerns with the proposed easement vacation. When approving public vacations, if a majority of the abutting property owners sign a petition, the city council may approve the vacation by a simple majority vote. Without this petition, the council may only approve the vacation with at least four of the five members voting to approve the vacation. The proposed easement vacation is entirely within the parcel of 1310 Frost Avenue East and does not affect any abutting properties. Ramsey County Regional Rail – the Bruce Vento Trail – owns the abutting property to the east. The Ramsey County Attorney contacted staff to express support for the easement vacation and has no concerns with its approval. However, signing the required petition requires the approval of the full Ramsey County Board. The applicant has elected not to go through that process and requests that the Maplewood City Council approve this request with a four-vote majority as permitted by state statute. Department Comments Engineering Jon Jarosch has reviewed this request and recommends approval. Attachments: 1.Public Vacation of an Easement Resolution 2.Overview Map 3.Site Plan/Easement Location 4.Existing Utility Easement 5.Engineering Review, dated May 8, 2024 6.Presentation Slides Counil Packet Page Number 230 of 285 H1, Attachment 1 PUBLIC VACATION OF AN EASEMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Ashley Bisner of JB Vang, petitioned the Maplewood City Council to vacate an unused public easement that is entirely within the site at 1310 Frost Avenue East. 1.02 Gladstone, Ramsey Co Minn is the plat that created the lots that comprise 1310 Frost Avenue East. 1.03 The utility easement was originally recorded with the vacation of Ridge Street from Skillman Avenue to 320 feet south of Ripley Street on June 3, 1971 with a recording document number of 1801806. 1.04 This resolution vacates the utility easement within the former Ridge Street right-of- way for the property legally described as: Lots 1, 2, 3, 4, 5, 6, and 7, except the South 7 feet of said Lot 7, Block 3, Gladstone, according to the recorded plat thereof, together with the vacated Ridge Street adjacent, Ramsey County, Minnesota. 1.05 Hearing notices on said petition was published in the City of Maplewood’s official newspaper and written notice was mailed to the affected property owners. 1.06 On May 28, 2024, the City Council held a hearing on such petition, at which time all persons for and against the granting of said petition were heard. Section 2. Standards 2.01 Minnesota state statute requires that no vacation shall be made unless it appears in the interest of the public to do so. Section 3. Findings. 3.01 The Maplewood City Council makes the following findings: 1.There is no anticipated public need for the described unused public easement. 2.The vacation is not counter to the public interest. Section 4. City Council 4.01 The city council hereby _______ the resolution. Approval is based on the findings outlined in Section 3 of this resolution. . Council Packet Page Number 231 of 285 H1, Attachment 2 Counil Packet Page Number 232 of 285 H1, Attachment 3 City Utility Easement- retained perResolution Doc.1801806. JB Vang isrequesting vacationof this utilityeasement perconfirmation Citydoes not require tohold this easement. Vacation of Ridge StreetApproved per ResolutionDoc. 1801806 (14). Council Packet Page Number 233 of 285 H1, Attachment 4 Counil Packet Page Number 234 of 285 H1, Attachment 4 Council Packet Page Number 235 of 285 H1, Attachment 5 Engineering Plan Review PROJECT: Easement Vacation Request 1310 Frost Avenue PROJECT NO: 23-05 COMMENTS BY: Jon Jarosch, P.E. – Assistant City Engineer DATE: 5-8-2024 PLAN SET: Site Survey dated 1-10-2024 The applicant is seeking city approval to vacate an existing utility easement that lies within the formerly vacated Ridge Street right-of-way along the east side of the site. There are no known public utilities lying within the requested easement vacation area. Likewise, the Engineering Department does not foresee the need to extend public utilities into these easement areas in the future. As such, Engineering does not have any concerns with the proposed vacation request. Private utility holders in the area have been notified of the proposed vacation request. -END COMMENTS - Counil Packet Page Number 236 of 285 H1, Attachment 6 , n o i t a c a V t n e m e City Council approved plans forthe development on May 8,2023Unused utility easementdiscovered viatitleworkonthepropertyHold Public HearingApprove resolution for thepublic vacation of an easement s ¤¤¤¤ a Applicant requests vacation ofan unused utility easementRecommended Action: E 1310 Frost Avenue¤¤ Council Packet Page Number 237 of 285 H1, Attachment 6 , n o i t a c a V t n e m e No utilities are located in theeasementNo utilities are planned for theeasementSupports request to vacateNotices sent and published asrequiredNeighbor (Ramsey County)supports request but did notsign a petition s ¤¤¤¤¤ a CityÔs engineering deptreviewedPublic notification: E 1310 Frost Avenue¤¤ Counil Packet Page Number 238 of 285 H1, Attachment 6 , n o i t : a n c o i t a c V A t d e n d e n e m m e m s o resolution for the publicvacation of an easementlocated within the site at1310 Frost Avenue East. c a e E 1310 Frost Avenue Ra.Hold the Public Hearingb.Motion to approve a Council Packet Page Number 239 of 285 THIS PAGE IS INTENTIONALLY LEFT BLANK Counil Packet Page Number 240 of 285 For the permanent record: Meeting Date: 5/28/2024 Agenda Item H1, Additional Attachment J1 CITY COUNCILSTAFF REPORT Meeting Date May 28, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love AGENDA ITEM: Use of SRF Consulting Group, Inc. for Professional Services, 2024 Maplewood Street Improvements, City Project 23-08 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City Council awarded a construction contract for the 2024 Maplewood Street Improvements, City Project 23-08, at the May 13, 2024 Council meeting. The City Council will now consider authorizing the use of SRF Consulting Group, Inc. for professional services including construction surveying and construction inspection services. Recommended Action: Motion to authorize the use of SRF Consulting Group, Inc. for professional services and further authorize the Mayor and City Manager to sign the attached work order with SRF Consulting Group, Inc. for professional services including construction surveying and construction inspection services. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $446,832.50 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The previously adopted budget included a 12% allowance for indirect project costs. The costs associated with this work order fall within that 12% allowance. No budget modifications are recommended at this time. Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Construction surveying and inspection are critical components of the street reconstruction process utilized to ensure the project is constructed in a quality manner that meets City specifications. Council Packet Page Number 241 of 285 J1 Background This improvement project includes two areas which are being constructed in 2024. These include the East Shore Drive Area Streets and the Cypress-Maplewood Drive Area Streets (see attached project location map).The project includes approximately 4.30 miles of street and utility reconstruction. For Maplewood’s capital improvement projects construction surveying work has been performed by City consultants and the costs for this work is accounted for in the project budget. Due to a staff shortage in the Engineering Division of Public Works and the size and scope of the project, the City also requested proposals for project inspection assistance from our consultant pool. The consultant would be utilized to provide construction surveying services for both areas of the project along with inspection assistance for the East Shore Drive Area. Staff recommends approval of entering into the attached agreement with SRF Consulting Group, Inc. for professional services for construction surveying (approximately 50% of total cost) and inspection services (approximately 50% of total cost) in the amount of $446,832.50. Attachments 1.Project Location Map 2.SRF Consulting Group, Inc. Agreement for Professional Services Counil Packet Page Number 242 of 285 J1, Attachment 1 Council Packet Page Number 243 of 285 J1, Attachment 2 SRFNo.17780.PP May 7, 2024 Jon Jarosch Assistant City Engineer City of Maplewood 1902 County Road B East Maplewood, MN 55109 Subject: Proposal for Professional Services for Construction Observation and Construction Stak- ing for the 2024 Maplewood Street Improvements (City Project 23-08) Dear Jon Jarosch: Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to provide professional services for construction survey staking services for the 2024 Maplewood Street Improvement projects and construction observation to the City of Maplewood for the east Shore DriveArea Street Improvements Project. We propose to fill the inspector position with Eric Schultz; resume attached. Scope of Services (construction survey staking) – 2024 Maplewood Street Improvements We propose to carry out the work (“Scope of Services”) described in the following tasks: Survey construction staking items include: Site Control Construction Limits Removal limits Informational staking for utility relocates Grading – Subgrade and Blue Tops Storm Sewer – pipe runs and structures Sanitary sewer – pipe runs and structures Watermain – hydrants, valves, tees, bends, and connections Concrete Curb and gutter Anticipated to be 90 trips to the sites www.srfconsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer Counil Packet Page Number 244 of 285 J1, Attachment 2 Jon Jarosch May 7, 2024 City of Maplewood Page 2 Assumptions The proposal is based on the Plan set as provided by the City of Maplewood The City of Maplewood will provide AutoCAD and PDF files of the required drawings for construction staking. The client is responsible for providing all necessary information on the project (including changes) in a timely manner. Construction staking to provide one set of horizontal and vertical locations, unless noted otherwise, either as an offset or on the specific location as coordinated with contractors. Locations and associated data are identified with wood stakes, paint markings, or flags as appropriate for the site condition. Re-staking will be provided as requested. Scope includes office and field services to process the data and stake on the construction site. Schedule We are prepared to complete this work following review and concurrence on the attached scope of work and fees, as well as a written notice to proceed. It is anticipated that SRF’s construction staking support services will occur between May 2024 and October2024, with final project completion by November 2024. We require a 48-hour notice, within normal business days of Monday through Fri- day, prior to staking in the field. Scope of Services (inspector) – East Shore Area Street Improvements We propose to carry out the work (“Scope of Services”), as detailed below. Provide construction observation of the construction contractors' work Complete a daily diary of observations Measure, compute, and document quantities Schedule/coordinate construction material testing with testing firm Schedule/coordinate construction staking with SRF survey crew Attend weekly construction meetings Notify the City Project manager of any unforeseen or changed conditions Consultant Inspector will generally be on-site full-time during construction contractor operations Council Packet Page Number 245 of 285 J1, Attachment 2 Jon Jarosch May 7, 2024 City of Maplewood Page 3 Assumptions The City of Maplewood will: Provide a project Manager to oversee the City of Maplewood design areas Lead Weekly meetings Complete pay requests with quantity information provided by the consultant inspector Lead resident coordination Lead change orders and correspondence with the construction contractor Schedule We understand the primary construction schedule will be May 27, 2024, to November 1, 2024. We anticipate that Eric will work an average of 50 hours per week over this time. We have included 120 th hours beyond November 15 for Eric to complete final documentation and observe completion of the contractors' punch list work. Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses, such as printing, supplies, reproduction, etc., will be billed at cost, and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 35 days. Based on our understanding of the project and our scope of services, we estimate the cost of our services to be $446,832.50, which includes both time and expenses. See the following for a detailed cost breakdown. Labor (Survey) $235,520.00 Labor (Inspection) $203,520.00 Expenses (Combined) $7,912.50 Total $446,832.50 Changes in Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out-of-scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. Counil Packet Page Number 246 of 285 J1, Attachment 2 Jon JaroschMay 7, 2024 City of MaplewoodPage 4 Standard Terms and Conditions The attached Standard Terms and Conditions (Attachment A), together with this proposal for professional services, constitute the entire agreement between the Client and SRF and supersede all prior written or oral understandings. This agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Acceptance/Notice to Proceed A signed copy of this proposal, mailed or emailed to our office, will serve as acceptance of this proposal and our notice to proceed. The email address is bmoore@srfconsulting.com. We appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRFC ONSULTING G ROUP,I NC. . Bob Moore Nathan Vaughn, PLS Vice PresidentDirector-Land Survey Services RGM/NV/as Attachment A: Standard Terms and Conditions Approved: City of Maplewood (signature) Name Title Date This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. S:\\Marketing\\Proposals\\2024 Letter Proposals\\17780.PP Maplewood East Shore CA and staking Council Packet Page Number 247 of 285 J1, Attachment 2 Counil Packet Page Number 248 of 285 J1, Attachment 2 Council Packet Page Number 249 of 285 J2 CITY COUNCILSTAFF REPORT Meeting Date May 28, 2024 REPORT TO:Michael Sable, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer PRESENTER:Steven Love AGENDA ITEM: Electric Franchise Fee Ordinance a.Revised Electric Franchise Ordinance b.Revised Electric Franchise Fee Ordinance c.Resolution Authorizing Publication of Electric Franchise Ordinance by Title and Summary (4 votes) d.Resolution Authorizing Publication of Electric Franchise Fee Ordinance by Title and Summary (4 votes) Action Requested: Motion Discussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City’s current electric franchise agreement with Xcel Energy term is set to expire in September 2024. The franchise fee establishes a steady revenue stream that allows the City to maintain this important infrastructure while lowering the reliance on bonding and City debt. The City Council will consider approving the Revised Electric Franchise Ordinance and the Revised Electric Franchise Fee Ordinance. Additionally, the City Council will consider approving the summary publication for both ordinances. Approval of the summary publications require a Super Majority Vote. Recommended Action: a.Motion to approve the Revised Electric Franchise Ordinance. b.Motion to approve the Revised Electric Franchise Fee Ordinance. c.Motion to approve the resolution authorizing publication of the Electric Franchise Ordinance by title and summary. (4 votes) d.Motion to approve the resolution authorizing publication of the Electric Franchise Fee Ordinance by title and summary. (4 votes) Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The revised electric franchise fees will provide approximately $1,273,000 per year of funding to help maintain and manage the City of Maplewood’s infrastructure. Counil Packet Page Number 250 of 285 J2 Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment One of the City’s six strategic priorities is Financial and Asset Management. This strategic priority looks for the City to maintain fiscal sustainability while building and managing assets to preserve long-term investments and ensure uninterrupted quality services. One financing tool the City uses to help meet the goal of this strategic priority are electric and gas franchise fees. The electric franchise fee helps fund the ongoing operation, maintenance, and repair cost related to City roadways, street lights, and the City’s share of traffic signals. The franchise fee establishes a steady revenue stream that allows the City to maintain this important infrastructure while lowering the reliance on bonding and City debt. Background: Minnesota energy service providers have an obligation to provide safe, adequate, and efficient energy services at reasonable rates. State law allows utilities to use public right-of-ways to provide energy services. Local governments are responsible for the management of public right-of-ways. To aid in this management a franchise agreement can be established to set expectations between the City and the energy provider. As part of the franchise agreement, cities may choose to establish a franchise fee. Franchise fees are an equitable way to raise funds for important infrastructure needs. When a franchise fee is levied on a private utility, it is passed on directly to the customers and is itemized on customer bills. These fees are invoiced and collected from all property owners of all classes, including residential, commercial, public agencies, and non-profit businesses. The current electrical franchise fees fund the City’s Street Light Utility Fund and a portion of the Street Revitalization Fund. The Street Light Utility Fund covers operation, maintenance, upgrade, and replacement costs related to the City’s street lights and the City’s share of traffic control signals. Additionally, this fund also covers costs for the installation of new street lights and traffic control signals. The Street Revitalization Fund is one of the major funding sources for the City’s street improvement projects. This fund helps reduce the City’s reliance on bonding to cover project costs and special assessments. Lowering the amount of bonding reduces the debt level the City needs to take on to maintain the City’s infrastructure. Maplewood’s electrical franchise fee with Xcel Energy is set to expire in September 2024. The franchise agreements typically run for a period of 20 years and often changes to the franchise fee rates are set at the time of the franchise fee agreement renewal. The current electrical franchise fee with Xcel provides approximately $1,025,000 of funding per year. To help aid in the review of current fee rates and potential changes to Maplewood’s rate, thirteen cities with comparable population sizes were reviewed (see Existing Electric Franchise Fees attachment). On the following page is a summary of how Maplewood’s current rates compare to these thirteen cities: Council Packet Page Number 251 of 285 J2 - demand - ResidentialSmall C&I NonSmall C&I DemandLarge C&IPublic Street LightingMunicipal Pumping NondemandMunicipal Pumping Demand Mean $3.94 $7.77 $29.52 $162.91 $15.51$11.84$11.84 Max $6.75 $17.00$48.50 $340.00 $17.51$17.51$48.50 Min $1.50 $3.00 $10.00 $8.00 $4.00 $2.00 $4.00 Median $3.69 $5.50 $30.00 $149.25 $9.75 $8.25 $10.75 Maplewood$3.00 $4.75 $30.00 $180.00 $4.00 $4.00 $4.00 Of the different property classes listed above, Residential, Small C&I Non-Demand, Public Street Lighting, Municipal Pumping Non-Demand, and Municipal Pumping Demand were found to be below the median rate of the thirteen comparable cities. Looking into the future, costs for maintenance and construction of the City’s infrastructure will likely continue to increase over the 20-year term of a new electrical franchise agreement. To help keep up with these increases and to help meet the City’s strategic goals and priorities staff recommends increases to the Customer Classes that are below the median rate of the thirteen comparable cities. The following is a summary showing the existing rates, proposed rates (highlighted in yellow) and estimated proposed rate revenue/year (highlighted in yellow): Customer Class Existing Rate/MonthProposed Rate/MonthChange In Rate/MonthEstimated Existing Revenue/YearEstimated Proposed Rate Revenue/Year Residential $3.00 $4.25 $1.25 $570,240$807,840 Small C&I Non-$4.75 $5.50 $0.75 $55,005 $63,690 Demand Small C&I Demand $30.00 $30.00 $0.00 $183,960$183,960 Large C&I $180.00 $180.00 $0.00 $213,840$213,840 Public Street Lighting $4.00 $9.75 $5.75 $960 $2,340 Municipal Pumping $4.00 $8.25 $4.25 $144 $297 Non-Demand Municipal Pumping $4.00 $10.75 $6.75 $425 $1,161 Demand Estimated Total Revenue/Year $1,024,581 $1,273,128 The proposed rate increases will help address increased costs for the maintenance and construction of the City’s infrastructure. It is estimated that the proposed rate increases will provide an annual revenue of $1,273,128. This will provide approximately $248,547 of additional revenue to help manage the City’s infrastructure. Counil Packet Page Number 252 of 285 J2 Attachments: 1. Franchise Fee Ordinance Presentation 2. Existing Electric Franchise Fees Comparison 3. Existing Electric Franchise Ordinance 4. Existing Electric Franchise Fee Ordinance 5. Revised Electric Franchise Ordinance 6. Revised Electric Franchise Fee Ordinance 7. Resolution for Publication of Electric Franchise Ordinance by Title and Summary 8. Resolution for Publication of Electric Franchise Fee Ordinance by Title and Summary Council Packet Page Number 253 of 285 J2, Attachment 1 e s i h c n s a e r c F n c a i r n t i c d e r City Council l May 28, 2024 E O e s i v e R Counil Packet Page Number 254 of 285 J2, Attachment 1 ResidentialCommercialPublic AgenciesNon-Profit Businesses What is the Electric Franchise Fee? ¤¤¤¤ Allowed to use public rights-of-waySet expectations for provider and cityLength of agreement Ï20 yearsExpires September, 2024Equitable way to fund infrastructure needsCollected from all property types ¤¤¤¤¤¤ Public UtilitiesFranchise AgreementsFranchise Fees ¤ ¤¤ Council Packet Page Number 255 of 285 J2, Attachment 1 Where Are The Funds Used? Street Light Utility FundStreet Revitalization FundOperationsMaintenanceUpgradesReplacementNew Infrastructure ¤¤¤¤¤¤¤ Current Electric Franchise FeeHelp Cover City CostsLowers Amount of Bonding and Debt Levels ¤¤¤ Counil Packet Page Number 256 of 285 J2, Attachment 1 Demand Pumping Municipal Non- Demand Pumping Municipal Street Lighting Large C&IPublic Demand Small C&I Non- Existing Rate Review Demand Comparison of Existing Franchise Fees With Cities of Comparable Population Sizes $3.94$7.77$29.52$162.91$15.51$11.84$11.84$6.75$17.00$48.50$340.00$17.51$17.51$48.50$1.50$3.00$10.00$8.00$4.00$2.00$4.00$3.69$5.50$30.00$149.25$9.75$8.25$10.75$3.00$4.75$30.00$180.00$4.00$4.00$4.00 ResidentialSmall C&I Current Franchise Fee Rates = $1,025,000/YearMaplewood Rates Below Median Rate Highlighted in Yellow AverageMaxMinMedianMaplewood¤¤ Council Packet Page Number 257 of 285 J2, Attachment 1 Estimated Revenue/Year Proposed Rate Estimated Existing Rate Revenue/Year Change In Rate/Month Proposed Rate/Month Estimated Total Revenue/Year$1,024,581$1,2736,128 Summary of Rate Options Propose Rates $3.00$4.25$1.25$570,240$807,840$4.00$9.75$5.75$960$2,340$4.00$8.25$4.25$144$297 $30.00$30.00$0.00$183,960$183,960 $180.00$180.00$0.00$213,840$213,840 Rate/Month Proposed Rate = $248,547 Additional Revenue ¤ Customer ClassExistingResidentialSmall C&I Non-Demand$4.75$5.50$0.75$55,005$63,690Small C&I DemandLarge C&IPublic Street LightingMunicipal Pumping Non-DemandMunicipal Pumping Demand$4.00$10.75$6.75$4 25$1,161 Counil Packet Page Number 258 of 285 J2, Attachment 2 DateDate Expiration Expiration Effective DateEffective Date DemandDemand Pumping Pumping Municipal Municipal DemandDemand Pumping Non-Pumping Non- Municipal Municipal LightingLighting Public Street Public Street Large C&ILarge C&I DemandDemand Small C&I Small C&I demanddemand -Small C&I Non-Small C&I Non ResidentialResidential Population County City Council Packet Page Number 259 of 285 J2, Attachment 3 ORDINANCE 852 ELECTRIC FRANCHISE ORDINANCE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA An ordinance granting to Northern States Power Company, A Minnesota Corporation, d/b/a Xcel Energy its successors and assigns, permission to construct, operate, repair and maintain in the City of MAPLEWOOD, Minnesota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the City, its inhabitants, and others, and to use the public ways and public grounds of the city for such purposes. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Maplewood, County of Ramsey, State of Minnesota. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy its successors and assigns. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, Suite 3000, 800 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to the City Clerk, City Hall, 1830 East County Road B, Maplewood, MN 55109. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. Counil Packet Page Number 260 of 285 J2, Attachment 3 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. 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 electric 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. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 D ispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Electric 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. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric 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. Company may abandon underground Electric Facilities in place, provided at the City’s request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. Council Packet Page Number 261 of 285 J2, Attachment 3 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. 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 or 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 Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. 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 two years 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. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City’s permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. 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 Counil Packet Page Number 262 of 285 J2, Attachment 3 of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Electric 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 Electric 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 Electric Facilities, which was made at Company expense, the City shall reimburse Company for non- betterment costs on a time and material 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 Electric 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. 4.2 Relocation of Electric Facilities in Public Ground. City may require Company at Company’s expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding. Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City 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 right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan 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 and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4he provisions of this franchise apply only to facilities constructed in .4 No Waiver. T reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, Council Packet Page Number 263 of 285 J2, Attachment 3 or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City. I n the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. 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 street lights and traffic signals, 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. Customer Class Fee Per Premise Per Month Residential $0.50 Small C & I – Non-Demand $1.00 Small C & I – Demand $6.00 Large C & I $45.00 Public Street Lighting $0.50 Muni Pumping – N/D $0.50 Muni Pumping – Demand $0.50 9.2 Separate Ordinance. The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after Counil Packet Page Number 264 of 285 J2, Attachment 3 written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 “Customer Class” shall refer to the classes listed on the Fee Schedule and as defined or determined in Company’s electric tariffs on file with the Commission. 9.3.2 “Fee Schedule” refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.alent Fee Requirement. The separate ordinance imposing the fee shall not 5 Equiv be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or Council Packet Page Number 265 of 285 J2, Attachment 3 tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed by the Maplewood City Council on September 27, 2004. Counil Packet Page Number 266 of 285 J2, Attachment 4 Council Packet Page Number 267 of 285 J2, Attachment 4 Counil Packet Page Number 268 of 285 J2, Attachment 4 Council Packet Page Number 269 of 285 J2, Attachment 5 ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. _______. CITY OF MAPLEWOOD, RAMSEYCOUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MAPLEWOOD, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: 1.1 City. The City of Maplewood, County of Ramsey, State of Minnesota. 1.2 City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm water, water service, street lighting, and traffic signals, but excluding facilities for providing heating, lighting or other forms of energy. 1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all, or part of the authority to regulate electric retail rates now vested in the Minnesota Public Utilities Commission. 1.4 Company. Northern States Power Company, a Minnesotacorporation, its successors and assigns. 1.5 Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. 1.6 Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 401 th Nicollet Mall, 8 Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Clerk, City Hall, 1830 East County Road B, Maplewood, MN 55109. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. 1.7 Public Ground. Land owned by the City for park, open space or similar public purpose, which is held for use in common by the publicand not a Public Way. 1 Counil Packet Page Number 270 of 285 J2, Attachment 5 1.8 Public Way. Any street, alley, walkway or other public right-of-way, as defined by Minnesota Statutes, Section 237.162, subd. 3, within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1Grant of Franchise. 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 electric 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. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in,on, over, under and across the Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulationsas may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City, by Council resolution, may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 216B.40. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used, or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 2.6.Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 20-year term set forth in Section 2.1. 2 Council Packet Page Number 271 of 285 J2, Attachment 5 SECTION 3. LOCATION, OTHER REGULATIONS. 3.1Location of Facilities. Electric 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. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location, and relocationof Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City’s request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Ground or Public Way 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 subject to Section 9.1 of this Ordinance. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb any Public Ground or Public Way without permission or permit from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Ground or Public Way, in accordance with Minnesota Rules, part 7819.1100, 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 yearthereafter. 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 Ground or Public Way 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. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City’s permission to install, replace or maintain facilities in a Public Way. 3.5Avoid Damage to Electric Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. The Company will perform its work within the Public Way or Public 3 Counil Packet Page Number 272 of 285 J2, Attachment 5 Ground in compliance and in accordance with applicable laws and industry standards for a utility in similar circumstances. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Grounds or Public Ways where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Grounds and Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities upon terms and conditions acceptable to Company whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by City. 3.8 Mapping Information. The Company shall comply with Minnesota Rule part 7819.4100. SECTION 4. RELOCATIONS. 4.1 Relocation of Electric Facilities in Public Ways. 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 Electric 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 Electric 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 Electric Facilities, which was made at Company expense, the City shall reimburse Company for non-betterment costson a time and material 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 Electric 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.The Company shall comply with Minnesota Rules, part 7819.3100 and applicable City ordinances consistent with law. 4.2Relocation of Electric Facilities in Public Ground. City may require Company, at Company’s expense, to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4 Council Packet Page Number 273 of 285 J2, Attachment 5 4.3 Projects with Federal Funding. 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 Electric 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. 4.4No Waiver. The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Ground or Public Way was established, or Company's rights under state or county permit. SECTION 5. TREE TRIMMING. Company may trim all trees and shrubs in the Public Grounds and Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 6.2Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its limitations on liability under Minnesota Statutes, Chapter 466. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. The City and the Company shall comply with Minnesota Rules, 7819.3200. Except 5 Counil Packet Page Number 274 of 285 J2, Attachment 5 where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other feesbeing imposed on Company, the City may impose on Company a franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. 9.2 Separate Ordinance.The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 “Customer Class” shall refer to the classes listed on the Fee Schedule and as defined or determined in Company’s electric tariffs on file with the Commission. 9.3.2 “Fee Schedule” refersto the Fee Schedule set forth in a separate ordinance setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. ollection of the Fee. The franchise fee shall be payable quarterly and shall be based 9.4 C on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the 6 Council Packet Page Number 275 of 285 J2, Attachment 5 Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.5 Equivalent Fee Requirement.The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties, and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 7 Counil Packet Page Number 276 of 285 J2, Attachment 5 SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amendedto address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED. This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: _________________________, 20__. ______________________________________ Mayor Attest: ________________________________ City Manager 8 Council Packet Page Number 277 of 285 J2, Attachment 6 ORDINANCE NO. _______ AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MAPLEWOOD. THE CITY COUNCIL OF THECITY OFMAPLEWOODDOES ORDAIN: SECTION 1. The City of Maplewood Municipal Code is hereby amended to include reference to the following Special Ordinance. Subd. 1. Purpose. 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 electric services within the City of Maplewood . (a)Pursuant to City Ordinance, a Franchise Agreement between the City of Maplewood and Northern States Power Company, a Minnesota corporation, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, as set forth in the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subd. 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the NSPM October, 2024 billing month. 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 classification, which will result in more than one franchise fee assessment for electric 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. Subd. 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise. Subd. 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. 1 Counil Packet Page Number 278 of 285 J2, Attachment 6 Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5of the Franchise Agreement. Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall beafter its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided above. Passed and approved: _____________________, 20__. __________________________________ Mayor Attest: _____________________________________ City Clerk SEAL 2 Council Packet Page Number 279 of 285 J2, Attachment 6 SCHEDULE A Franchise Fee Rates: Electric 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: ClassAmount per month Residential $4.25 Small C & I – Non-Demand $5.50 Small C & I – Demand $30.00 Large C & I $180.00 Public Street Lighting $9.75 Municipal Pumping – Non-Demand $8.25 Municipal Pumping – Demand $10.75 Franchise fees are submitted to the City on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. 3 Counil Packet Page Number 280 of 285 J2, Attachment 7 CITY OF MAPLEWOOD RESOLUTION NO. ____________ RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ____________ BY TITLE AND SUMMARY WHEREAS, the city council of the city of Maplewoodhas adopted Ordinance No. ______________, an ordinance granting to Northern States Power Company, a Minnesota corporation, its successors and assigns, permission to construct, operate, repair and maintain in the city of Maplewood, Minnesota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the city, its inhabitants, and others, and to use the public grounds and public ways of the city for such purposes; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the lengthy ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood that the city clerk shall cause the following summary of Ordinance No. ________ to be published in the city’s official newspaper in lieu of the entire ordinance: Public Notice On May 28, 2024, the city council of the city of Maplewood adopted Ordinance No. ______, an ordinance granting to Northern States Power Company, a Minnesota corporation, its successors and assigns, permission to construct, operate, repair and maintain in the city of Maplewood, Minnesota, an electric distribution system and transmission lines, including necessary poles, lines, fixtures and appurtenances, for the furnishing of electric energy to the city, its inhabitants, and others, and to use the public grounds and public ways of the city for such purposes. As the above title suggests, the ordinance grants to Northern States Power Company, d/b/a Xcel Energy, a franchise to construct, operate, repair and maintain facilities and equipment for the transmission and distribution of electric energy for public and private use and to use the public ways and grounds in the city for such purposes. The ordinance also prescribes certain terms and conditions associated with such activities. This public notice is intended only to summarize the ordinance. The full text of the ordinance is available for inspection at Maplewood city hall during regular business hours and has been posted to the city’s website. BE IT FURTHER RESOLVED by the city council of the city of Maplewood that the city clerk keep a copy of the ordinance in her office at city hall for public inspection. Dated: ___________________, 2024. Marylee Abrams, Mayor ATTEST: Andrea Sindt, City Clerk 1 MA745-2-953801.v1 Council Packet Page Number 281 of 285 J2, Attachment 8 CITY OF MAPLEWOOD SOLUTION NO. ____________ RE RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. ____________ BY TITLE AND SUMMARY WHEREAS, the city council of the city of Maplewood has adopted Ordinance No. ______________, an ordinance implementing an electric service franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, for providing electric service within the city of Maplewood; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the lengthy ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood that the city clerk shall cause the following summary of Ordinance No. ________ to be published in the city’s official newspaper in lieu of the entire ordinance: Public Notice On May 28, 2024, the city council of the city of Maplewood adopted Ordinance No. ______, an ordinance implementing an electric service franchise fee on Northern States Power Company, a Minnesota corporation, its successors and assigns, for providing electric service within the city of Maplewood. The ordinance increases the city’s electric franchise fees on Northern States Power Company, the utility which provides electric service within Maplewood under a franchise agreement with the city. The new rates, effective October 1, 2024, will be $4.25 per month for electric service for residential customers. Other rate changes apply to non-residential customers. The city intends to use the revenues raised by the franchise fees for public improvement projects and other authorized purposes. This public notice is intended only to summarize the ordinance. The full text of the ordinance, including all rates imposed thereunder, is available for inspection at Maplewood city hall during regular business hours and has been posted to the city’s website. BE IT FURTHER RESOLVED by the city council of the city of Maplewood that the city clerk keep a copy of the ordinance in her office at city hall for public inspection. Dated: ___________________, 2024. Marylee Abrams, Mayor ATTEST: Andrea Sindt, City Clerk 1 MA745-2-953803.v1 Counil Packet Page Number 282 of 285 J3 CITY COUNCILSTAFF REPORT Meeting Date May 28, 2024 REPORT TO:MichaelSable, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love AGENDA ITEM: Authorization to Advertise for Bids, 2024 EAB Mitigation Project, City Project 23-17 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City of Maplewood was selected for a Shade Tree Bonding Grant through the Minnesota Department of Natural Resources (MN DNR) to remove and replace ash trees affected by the Emerald Ash Borer within the Public rights-of-way and parks. The City Council approved the grant agreement with the MN DNR at the April 22, 2024 Council meeting. The next step in the process is to advertise the project for bids. The City Council will consider authorizing the advertisement for bids for the 2024 EAB Mitigation Project, City Project 23-17. Final plans and specifications are complete and ready to be advertised for bids. The bid opening is tentatively proposed for 10:00 a.m. on June 21, 2024. Recommended Action: Motion to approve the attached resolution authorizing theadvertisement forbids for the 2024 EAB Mitigation Project, City Project 23-17. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $50,000 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The grant provides $450,000 for the removal and replacement of ash tree within City rights-of-way and active areas of City parks. The City’s share of this project is $50,000 for three years of tree maintenance for the newly planted trees. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The City’s urban forest is an important asset to the City and the public. EAB has had a significant impact on the health of ash trees in Maplewood and surrounding metro area. This grant will aid the Council Packet Page Number 283 of 285 J3 City in the management of EAB and ash trees that lie within City right-of-way and on City Park property. Background: Based on the 2011 tree survey, it was estimated that there were approximately 2,163ash trees located in City right-of-way or on City property. Approximately 1,348 ash trees were removed by street and park maintenance crew work, private contractors, and City street improvement projects. Leaving approximately 815 ash trees that will need to be addressed due to likely EAB impacts. At the September 11, 2023 Council Workshop, staff presented on EAB impacts, ash tree removals by staff, awarded grant updates, and upcoming DNR grant opportunities. Following the workshop staff applied for the DNR’s Shade Tree Program grant. This grant provides funding for the removal and replacement of ash trees located in City rights-of-way or on City park land that pose significant public safety concerns. Projects that benefit underserved populations and areas of concern for environmental justice were given priority in the selection process. Using information from Minnesota’s Pollution Control Agency’s (MPCA) GIS site for understanding environmental justice in Minnesota we identified the top three census tracks that will have the most benefit to environmental justice priority populations. These three census tracks are located east of Rice Street, north of Larpenteur Road, west of Hazelwood Street, and south of Highway 36. The City further consulted with its Climate Adaptation Plan to further confirm that these three census tracks were the best location to concentrate the proposed project. The Climate Adaptation Plan depicted these areas of Maplewood as having some of the highest priority rankings throughout the City for a healthy tree canopy in terms of environmental equity, heat island reduction, stormwater uptake, and carbon sequestration. There are an estimated 434 public ash trees within City right-of-way and active park areas in the proposed project area. The grant funds will cover the cost for removing approximately 200 ash trees, stump grinding, restoration, and planting of new trees at a one to one ratio. As there are more trees than what is expected the funding to be able to cover in the project area, we will be identifying project ash trees starting at Rice Street and working to the east. The new trees are required to be planted near the location of the removed ash trees. As part of the grant requirements the City must plant a diverse selection of new trees to help prevent large areas of public trees being impacted by future disease or insects. Therefore, staff will develop a tree planting plan for the project area. As part of the grant, the City is required to have a three-year maintenance plan to help ensure the successful establishment of the newly planted trees. The cost associated with the maintenance plan is not a grant eligible item. Funding for the maintenance plan will come from the forestry budget. This proposed project and grant funding will help the City by addressing public ash trees that are or will be affected by EAB along City roads or in City parks. Public Works staff will continue to address public ash trees throughout the City as available resources allow. Attachments: 1.Resolution Authorizing the Advertisement for Bids Counil Packet Page Number 284 of 285 J3, Attachment 1 RESOLUTION AUTHORIZATION TO ADVERTISE FOR BIDS nd WHEREAS, pursuant to a resolution of the City Council adopted April 22, 2024, that approved a grant agreement between the City of Maplewood and the Minnesota Department of Natural Resources for the Shade Tree Program Bonding Grants, 2023-2027, AND WHEREAS, plans and specifications for the 2024 EAB Mitigation Project, City Project 23-17 have been prepared, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.The City Clerk or office of the City Engineer shall prepare and cause to be inserted into the official paper and Finance and Commerce an advertisement for bids upon the making of such improvement under such plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened electronically via QuestCDN and st considered at 10:00 a.m. on the 21 day of June, 2024. Bids shall be accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3.The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The City Council will consider the bids, and the award of a contract, at the th regular City Council meeting of July 8, 2024. th Approved this 28 day of May 2024. Council Packet Page Number 285 of 285 AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Tuesday, May 28, 2024 City Hall, Council Chambers Meeting No. 10-24 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. May 13, 2024 City Council Workshop Meeting Minutes 2. May 13, 2024 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Resolution of Appreciation for Retiring Human Resources Manager Terrie Rameaux 4. Resolution Awarding the 2023 Maplewood Heritage Award to Virginia Gaynor 5. Resolution of Appreciation for HPC Commissioner Barbara Kearn G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Local Lawful Gambling Permit for Associated General Contractors of MN, Keller Golf Course, 2166 Maplewood Drive 3. Conditional Use Permit Review, White Bear Meadery, 1320 County Road D Circle East 4. Conditional Use Permit Review, Gladstone Village, 1310 Frost Avenue East 5. Conditional Use Permit Review, Galahad Senior Housing Development, 1910 County Road C East 6. Purchase New Fire Engine 7. Afton Heights Park Field Use Agreement with St. Paul Rugby Football Club 8. Resolution to Conduct Off-Site Gambling for Merrick, Inc., July 4th Celebration at Hazelwood Park, 1663 County Road C East H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. 1. Gladstone Village, 1310 Frost Avenue East a. Public Hearing b. Public Vacation of an Easement Resolution (4 Votes)