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HomeMy WebLinkAbout2024-05-28 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Tuesday, May 28, 2024 City Hall, Council Chambers Meeting No. 10-24 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 by Mayor Abrams. Mayor Abrams reflected on Emerald Ash Borer, its impact on residents, and a program that the City is working on implementing that will assist in the removal of diseased EAB trees on private residences. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Chonburi Lee, Councilmember Present Nikki Villavicencio, Councilmember Absent D. APPROVAL OF AGENDA Councilmember Cave moved to approve the agenda as submitted. Seconded by Councilmember Lee Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. May 13, 2024 City Council Workshop Meeting Minutes Councilmember Lee moved to approve the May 13, 2024 City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. May 13, 2024 City Council Meeting Minutes Councilmember Juenemann moved to approve the May 13, 2024 City Council Meeting Minutes as submitted. Seconded by Councilmember Lee Ayes – All May 28, 2024 City Council Meeting Minutes 1 The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Sable gave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2. Council Presentations None 3. Resolution of Appreciation for Retiring Human Resources Manager Terrie Rameaux Assistant City Manager/HR Director Darrow gave the staff report. City Manager Sable provided additional comments. Councilmember Juenemann read the Resolution of Appreciation. Human Resources Manager Rameaux addressed council and expressed thanks. Councilmember Juenemann moved to approve the resolution of appreciation for Human Resource Manager Terrie Rameaux. Resolution 24-05-2315 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 Rameaux’s leadership, the City of Maplewood’s 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, Terrie 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 Rameaux’s 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. May 28, 2024 City Council Meeting Minutes 2 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. Seconded by Councilmember Cave Ayes – All The motion passed. 4. Resolution Awarding the 2023 Maplewood Heritage Award to Virginia Gaynor Communication Manager Sheeran gave the staff report and presented the award. Virginia Gaynor thanked the council and commission and reflected on the numerous projects completed with the city. Councilmember Juenemann moved to approve the resolution awarding the 2023 Maplewood Heritage Award to Virginia Gaynor. Resolution 24-05-2316 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 City’s 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 Maplewood’s 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 Seconded by Councilmember Lee Ayes – All May 28, 2024 City Council Meeting Minutes 3 The motion passed. Councilmember Juenemann announced the passing of past Heritage Preservation Commission member, Lois Behm, and asked for a moment of remembrance. 5. Resolution of Appreciation for HPC Commissioner Barbara Kearn Communication Manager Sheeran gave the staff report. Councilmember Lee read the Resolution of Appreciation. Barbara Kearn addressed council and expressed thanks for the opportunity to serve. Councilmember Juenemann moved to approve the Resolution of Appreciation for Barbara Kearn. Resolution 24-05-2317 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 Kearn’s 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. Seconded by Councilmember Cave Ayes – All The motion passed. 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. Agenda items G3 & G6 were highlighted. May 28, 2024 City Council Meeting Minutes 4 Councilmember Lee moved to approve agenda items G1-G8. Seconded by Councilmember Cave Ayes – All The motion passed. 1. Approval of Claims Councilmember Lee moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 469,484.53 Checks # 121066 thru # 121109 dated 05/14/24 $ 98,601.29 Checks # 121110 thru # 121150 dated 05/21/24 $ 441,882.13 Disbursements via debits to checking account dated 04/15/24 thru 05/05/24 $ 1,009,967.95 Total Accounts Payable PAYROLL $ 699,409.46 Payroll Checks and Direct Deposits dated 05/10/24 $ 699,409.46 Total Payroll $ 1,709,377.41 GRAND TOTAL Seconded by Councilmember Cave Ayes – All The motion passed. 2. Local Lawful Gambling Permit for Associated General Contractors of MN, Keller Golf Course, 2166 Maplewood Drive Councilmember Lee moved 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. Seconded by Councilmember Cave Ayes – All The motion passed. 3. Conditional Use Permit Review, White Bear Meadery, 1320 County Road D Circle East May 28, 2024 City Council Meeting Minutes 5 Councilmember Lee moved 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. Seconded by Councilmember Cave Ayes – All The motion passed. 4. Conditional Use Permit Review, Gladstone Village, 1310 Frost Avenue East Councilmember Lee moved to approve the CUP review for Gladstone Village, located at 1310 Frost Avenue East, and review again in one year. Seconded by Councilmember Cave Ayes – All The motion passed. 5. Conditional Use Permit Review, Galahad Senior Housing Development, 1910 County Road C East Councilmember Lee moved to approve the CUP review for the Galahad Senior Housing Development, located at 1910 County Road C East, and review again in one year. Seconded by Councilmember Cave Ayes – All The motion passed. 6. Purchase New Fire Engine Councilmember Lee moved to approve the purchase of a new fire engine. Seconded by Councilmember Cave Ayes – All The motion passed. 7. Afton Heights Park Field Use Agreement with St. Paul Rugby Football Club Councilmember Lee moved to approve the 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. Seconded by Councilmember Cave Ayes – All The motion passed. 8. Resolution to Conduct Off-Site Gambling for Merrick, Inc., July 4th Celebration at Hazelwood Park, 1663 County Road C East Councilmember Lee moved to approve the Resolution to Conduct Off-Site Gambling for Merrick, Inc. on Thursday, July 4, 2024 during the July 4th Celebration. May 28, 2024 City Council Meeting Minutes 6 Resolution 24-05-2318 CITY APPROVAL TO CONDUCT OFF-SITE GAMBLING WITHIN CITY LIMITS MERRICK, INC WHEREAS, Merrick, Inc. has submitted an Application to Conduct Off-Site Gambling th at the 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. Seconded by Councilmember Cave 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. 1. Gladstone Village, 1310 Frost Avenue East a. Public Hearing b. Public Vacation of an Easement Resolution (4 Votes) Public Works Director Love gave the staff report. Mayor Abrams opened public hearing. The following people spoke: None Mayor Abrams closed the public hearing Councilmember Cave moved to approve the resolution for the public vacation of an easement located within the site at 1310 Frost Avenue East. Resolution 24-05-2319 PUBLIC VACATION OF AN EASEMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: May 28, 2024 City Council Meeting Minutes 7 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 approves the resolution. Approval is based on the findings outlined in Section 3 of this resolution. Seconded by Councilmember Juenemann Ayes – All The motion passed. I. UNFINISHED BUSINESS None May 28, 2024 City Council Meeting Minutes 8 J. NEW BUSINESS 1. Use of SRF Consulting Group, Inc. for Professional Services, 2024 Maplewood Street Improvements, City Project 23-08 Public Works Director Love gave the staff report. Mayor Abrams moved 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. Seconded by Councilmember Juenemann Ayes – All The motion passed. 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) Public Works Director Love gave the presentation. Councilmember Cave moved to approve the Revised Electric Franchise Ordinance. Ordinance 1047 ELECTRIC FRANCHISE ORDINANCE 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 Minnesota corporation, its successors and assigns. May 28, 2024 City Council Meeting Minutes 9 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 th to the General Counsel, 401 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 public and not a Public Way. 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. 2.1 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 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 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 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 May 28, 2024 City Council Meeting Minutes 10 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. 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, location, and relocation of 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. May 28, 2024 City Council Meeting Minutes 11 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 year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public 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. 3.5 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. The Company will perform its work within the Public Way or Public 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. 3.7 Shared Use of Poles. Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities 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. May 28, 2024 City Council Meeting Minutes 12 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 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. The Company shall comply with Minnesota Rules, part 7819.3100 and applicable City ordinances consistent with law. 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. 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. 4.4 No 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 May 28, 2024 City Council Meeting Minutes 13 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. 6.2 Defense 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 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. May 28, 2024 City Council Meeting Minutes 14 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 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” refers to 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. 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 May 28, 2024 City Council Meeting Minutes 15 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. 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. May 28, 2024 City Council Meeting Minutes 16 This franchise supersedes any previous electric franchise granted to Company or its predecessor. Seconded by Councilmember Juenemann Ayes – All The motion passed Councilmember Juenemann moved to approve the Revised Electric Franchise Fee Ordinance. Ordinance 1048 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 THE CITY OF MAPLEWOOD DOES 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 May 28, 2024 City Council Meeting Minutes 17 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. Subd. 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subd. 6. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to NSPM by certified mail. Collection of the fee shall commence as provided above. 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: Class Amount 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. Seconded by Councilmember Lee Ayes – All The motion passed Councilmember Lee moved to approve the resolution authorizing publication of the Electric Franchise Ordinance by title and summary. (4 votes). Resolution 24-05-2320 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 1047 BY TITLE AND SUMMARY May 28, 2024 City Council Meeting Minutes 18 WHEREAS, the city council of the city of Maplewood has adopted Ordinance No. 1047, 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. 1047 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. 1047, 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. Seconded by Councilmember Cave Ayes – All The motion passed. Councilmember Cave moved to approve the resolution authorizing publication of the Electric Franchise Fee Ordinance by title and summary. (4 votes). Resolution 24-05-2321 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 1048 BY TITLE AND SUMMARY May 28, 2024 City Council Meeting Minutes 19 WHEREAS, the city council of the city of Maplewood has adopted Ordinance No. 1048, 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.1048 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. 1048, 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. Seconded by Councilmember Lee Ayes – All The motion passed 3. Authorization to Advertise For Bids, 2024 EAB Mitigation Project, City Project 23- 17 Public Works Director Love gave the staff report. Councilmember Juenemann moved to approve the resolution authorizing the advertisement for bids for the 2024 EAB Mitigation Project, City Project 23-17. Resolution 24-05-2322 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, May 28, 2024 City Council Meeting Minutes 20 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 considered at 10:00 a.m. st 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 th award of a contract, at the regular City Council meeting of July 8, 2024. Seconded by Councilmember Lee Ayes – All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 7:51 p.m. Andrea Sindt, City Clerk . May 28, 2024 City Council Meeting Minutes 21