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HomeMy WebLinkAbout2018-07-23 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, July 23, 2018 Maplewood City Hall – Council Chambers Meeting No.14-18 A. CALL TO ORDER A meeting of the City Council was held at the Maplewood City Hall – Council Chambers and was called to order at 7:11 p.m. by Mayor Slawik. th Mayor Slawik highlighted the Touch-A-Truck event that took place on July 18 and the rd 3 Annual Kid City Laugh-IN event that will take place on August 22 at Edgerton Park. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present D. APPROVAL OF AGENDA The following item was added to the agenda under Appointments and Presentations, Council Presentations: Gladstone and New Gladstone Video Police Advisory Commission National Night Out City Hall Plantings Mayor Slawik requested the following agenda item be added: F5 Award for Keller Park Tuj Lub Courts Councilmember Xiong moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. July 9, 2018 City Council Workshop Minutes Councilmember Abrams moved to approve the July 9, 2018 City Council Workshop Minutes as submitted. July 23, 2018 1 City Council Meeting Minutes Seconded by Councilmember Juenemann Ayes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong Abstain – Councilmember Smith The motion passed. 2. July 9, 2018 City Council Meeting Minutes Councilmember Xiong moved to approve the July 9, 2018 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager gave the update to the council calendar, reviewed other topics of concern or interest requested by councilmembers and gave an overview of upcoming events in the community. 2. Council Presentations Gladstone and the New Video Councilmember Abrams reported on an upcoming event at Gladstone to celebrate the Savanna. Communication Manager Sheeran addressed the council to give information on the new video about the shops at Gladstone. Police Advisory Commission Councilmember Smith gave an update on the meeting with the Policy Advisory Commission. National Night Out Councilmember Juenemann reported that National Night Out will be held on Tuesday, th August 7. City Hall Plantings Councilmember Juenemann complimented staff on the beautiful plantings outside City Hall. 3. Presentation of GFOA Distinguished Budget Presentation Award July 23, 2018 2 City Council Meeting Minutes City Manager Coleman gave the staff report and presented Finance Director Paulseth with the GFOA Distinguished Budget Award. Finance Director Paulseth addressed the council to give additional information and appreciation. No action required. 4. Amend Council Appointment to Ramsey County League of Local Governments City Manager Coleman gave the staff report. Councilmember Abrams gave additional clarification. Councilmember Xiong moved to appoint Councilmember Abrams to serve as the City’s representative and Councilmember Smith as the alternate on the Ramsey County League of Local Governments (RCLLG). Seconded by Councilmember Juenemann Ayes– All The motion passed. 5. Award for Keller Park Tuj Lub Courts Jon Oyanagi, Parks & Recreation Director with Ramsey County addressed the council and reported on the Award of Excellence for Keller Park Tuj Lub Courts. G. CONSENT AGENDA Agenda items G2 and G6 were highlighted. Councilmember Abrams moved to approve agenda items G1-G9. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Councilmember Abrams moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 331,980.70 Checks # 101869 thru #101908 dated 07/10/18 $ 350,608.44 Disbursements via debits to checking account dated 07/02/18 thru 07/06/18 $ 903,878.91 Checks #101909 thru #101947 dated 07/17/18 July 23, 2018 3 City Council Meeting Minutes $ 320,064.95 Disbursements via debits to checking account dated 07/09/18 thru 07/13/18 $ 1,906,533.00 Total Accounts Payable PAYROLL $ 582,017.14 Payroll Checks and Direct Deposits dated 07/13/18 $ 2,159.38 Payroll Deduction check # 99103329 thru # 99103333 dated 07/13/18 $ 584,176.52 Total Payroll $ 2,490,709.52 GRAND TOTAL Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Resolution Terminating the 1998 Park Edge Apartments Regulatory Agreement Councilmember Abrams moved to approve the resolution terminating the 1998 Park Edge Apartments Regulatory Agreement and authorizing the execution and delivery of the Termination of Regulatory Agreement and Satisfaction of Mortgage. Resolution 18-07-1591 Resolution Approving Termination of Regulatory Agreement and Satisfaction of Mortgage for Park Edge Apartments in Conjunction with Redemption of Multifamily Housing Revenue Bonds, Series 1998 (Park Edge Apartments Project) BE IT RESOLVED by the City Council (the “Council”) of the City of Maplewood, Minnesota (the “City”), as follows: WHEREAS, the City previously issued its Multifamily Housing Revenue Bonds, Series 1998 (Park Edge Apartments Project) (the “Bonds”), in the original aggregate principal amount of $2,085,000, pursuant to an Indenture of Trust, dated as of May 1, 1998, between the City and U.S. Bank Trust National Association (now known as U.S. Bank National Association) (the “Trustee”); and WHEREAS, the City loaned the proceeds of the Bonds (the “Loan”) to Maplewood Leased Housing Associates, Limited Partnership, a Minnesota limited partnership (the “Owner”), to provide financing for the acquisition and rehabilitation of an existing multifamily residential rental development (the “Project”), pursuant to the terms of a Loan Agreement, dated as of May 1, 1998, between the City and the Owner; and WHEREAS, as security for the Bonds, the Owner entered into a First Mortgage, Security Agreement and Fixture Financing Statement with Collateral Assignment of Rents and Leases, dated as of May 1, 1998 (the “Mortgage”), for the benefit of the City; July 23, 2018 4 City Council Meeting Minutes and WHEREAS, the City, the Trustee, and the Owner entered into a Regulatory Agreement, dated as of May 1, 1998 (the “Regulatory Agreement”), providing for certain tenant income restrictions with respect to the Project in order to maintain the tax-exempt status of the Bonds; and WHEREAS, the City has received confirmation that (i) the Qualified Project Period (as defined in the Regulatory Agreement) has expired, and that (2) the Owner will redeem and prepay all of the outstanding principal of and interest on the Bonds on or about July 31, 2018; and WHEREAS, pursuant to Section 13 of the Regulatory Agreement, upon satisfaction of the conditions set forth in the immediately preceding paragraph, the Regulatory Agreement shall terminate; and WHEREAS, the Owner has requested that the City execute the following documents, in substantially the forms now on file with the City: (1) a Termination of Regulatory Agreement, dated July 31, 2018 (the “Termination of Regulatory Agreement”), terminating the Regulatory Agreement, and (2) a Satisfaction of Mortgage, dated July 31, 2018 (the “Satisfaction of Mortgage and Assignment”), providing for the release and satisfaction of the Mortgage. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota as follows: 1. The Termination of Regulatory Agreement and the Satisfaction of Mortgage are hereby in all respects authorized, approved, and confirmed, and the Mayor and the City Manager are hereby authorized and directed to execute the Termination of Regulatory Agreement and the Satisfaction of Mortgage for and on behalf of the City in substantially the forms now on file with the City, with such modifications as shall be deemed necessary, desirable, or appropriate, the execution thereof to constitute conclusive evidence of their approval of any and all modifications therein. 2. The Mayor and City Manager are hereby authorized to execute and deliver any other documents or certificates necessary to terminate any and all documents related to the Bonds upon the prepayment in full of the principal of and interest on the Bonds. 3. This resolution shall take effect and be in full force from and after its approval. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Maplewood Area Historical Society Annual Appropriation Councilmember Abrams moved to approve annual appropriation of $2,000 to the Maplewood Area Historical Society. July 23, 2018 5 City Council Meeting Minutes Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Call for a Special Meeting to Canvass 2018 Primary Election Results Councilmember Abrams moved to call a special meeting of the city council for Friday, August 17, 2018 at 4:15 p.m. in the council chambers for the purpose of canvassing the August 14, 2018 Primary Election results. Seconded by Councilmember Juenemann Ayes – All The motion passed. 5. Strategic Priorities Update for Second Quarter of 2018 Councilmember Abrams moved to accept the Second Quarter Strategic Plan Update. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6. Travel Expenses for Mayor Slawik for Rail~volution Conference Councilmember Abrams moved to approve the travel expenses for Mayor Slawik to attend the 2018 Rail~volution Conference. Seconded by Councilmember Juenemann Ayes – All The motion passed. 7. Resolution Extending the Comcast Cable Franchise Councilmember Abrams moved to approve the resolution extending the existing franchise agreement with Comcast through January 1, 2019. Resolution 18-07-1592 Extending the Comcast Cable Franchise WHEREAS, Comcast of Minnesota, Inc., a Delaware corporation, and an indirect, wholly- owned subsidiary of Comcast Corporation (“Comcast”) holds a cable franchise in the City; and WHEREAS, the Franchise, as extended, expires on or about July 30, 2018; and WHEREAS, the parties are currently engaged in negotiations to renew the Franchise, and Comcast intends to continue operating during continuing negotiations; and July 23, 2018 6 City Council Meeting Minutes WHEREAS, the City wishes to extend the Franchise to accommodate continued negotiations. NOW, THEREFORE, BE IT RESOLVED: 1. The Franchise term is hereby extended to January 1, 2019 unless earlier renewed. 2. Except as specifically modified herein, the Franchise shall remain in full force and effect subject to the terms of that certain Standstill Agreement between the parties. 3. Neither party waives any rights either may have under the Franchise or applicable law including federal laws governing cable franchise renewal. 4. This Resolution shall be effective upon passage by the City. Seconded by Councilmember Juenemann Ayes – All The motion passed. 8. Conditional Use Permit Review, Maple Hill Senior Living, 3030 Southlawn Drive Councilmember Abrams moved to extend the approval of the conditional use permit for Maple Hill Senior Living and review again in one year. Seconded by Councilmember Juenemann Ayes – All The motion passed. 9. Conditional Use Permit Resolution for St. Paul Regional Water Services Lime Sludge Storage Tank, 1900 Rice Street Councilmember Abrams moved to approve the Conditional Use Permit Resolution for St. Paul Regional Waters Services Lime Sludge Storage Tank, 1900 Rice Street. Resolution 18-07-1593 Conditional Use Permit Resolution WHEREAS, St. Paul Regional Water Services has applied for a conditional use permit to construct a lime sludge storage tank on their facility at 1900 Rice Street; WHEREAS, Section 44-1092 (1) of the Conditional Use Permit ordinance states that a conditional use permit may be granted for all public uses in any zoning district; WHEREAS, this permit applies to the property located at 1900 Rice Street. WHEREAS, the legal description for this property is: Commencing at the southwest corner of Section 18, Township 29, Range 22; thence North 00 degrees 28 minutes 33 seconds West, assumed bearing, along the west line of the Southwest Quarter of said Section 18, a distance of 1431.28 feet; thence North 89 degrees 31 minutes 27 seconds East a distance of 538.83 feet to its intersection with the easterly right of way of the Soo Line Railroad, said point being the actual point of beginning of the easement to be described; thence July 23, 2018 7 City Council Meeting Minutes North 46 degrees 46 minutes 38 seconds East a distance of 91 .45 feet; thence North 12 degrees 03 minutes 43 seconds East a distance of 83.82 feet; thence North 17 degrees 19 minutes 59 seconds East a distance of 312.68 feet; thence North 02 degrees 35 minutes 26 seconds East a distance of 61.59 feet; thence North 01 degrees 53 minutes 40 seconds East a distance of 8.18 feet; thence North 88 degrees 06 minutes 20 seconds West a distance of 41.01 feet to the easterly right of way of the Soo Line Railroad; thence southwesterly 548.93 feet along a non-tangential curve concave to the east have a radius of 1,900.00 feet and a central angle of 16 degrees 33 minutes 12 seconds and a chord bearing South 15 degrees 09 minutes 22 seconds West along the easterly right of way of said railway to the point of beginning. WHEREAS, the property identification number for this property is: 182922310042; WHEREAS, the history of this conditional use permit is as follows: 1. On April 17, 2018, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On April 23, 2018, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described conditional use permit, because: 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 generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. July 23, 2018 8 City Council Meeting Minutes 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. Approval is subject to the following conditions: 1. All construction shall follow the site plan date-stamped February 16, 2018, approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of city council approval or the permit shall become null and void. The city council may extend this deadline for one year. 3. Design review must be approved by the Community Design Review Board prior to issuance of a building permit. 4. The applicant shall obtain a grading permit for the project. 5. The applicant shall obtain a building permit for the project. 6. The applicant shall comply with the conditions noted in the environmental report by Shann Finwall dated April 9, 2018. 7. The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping before getting a grading permit. Seconded by Councilmember Juenemann Ayes – All The motion passed. H. PUBLIC HEARINGS None I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Purchase Agreement for 1375 Frost Avenue East (Three Parcels) City Manager Coleman gave the staff report. City Attorney Batty gave additional information on the purchase agreement. Councilmember Juenemann moved to approve the terms of the purchase agreement for July 23, 2018 9 City Council Meeting Minutes the purchase of the three parcels comprising of 1375 Frost Avenue East and authorize the Mayor and City Manager to execute the agreement signifying City Council approval. The City Attorney is authorized to approve the final format of the agreement and also approve minor modifications to the agreement. Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Amend Franchise and Franchise Fee Ordinances a. Amend Electric Franchise Ordinance b. Amend Electric Franchise Fee Ordinance and North St. Paul Fees c. Amend Gas Franchise Ordinance d. Amend Gas Franchise Fee Ordinance e. Resolution Authorizing Publication of Franchise Fee Ordinances City Manager Coleman gave the staff report. Jake Sedlacek, Communications Relations Representative with Xcel Energy addressed and answered question of the council. Finance Director Paulseth answered additional questions of the council. Councilmember Smith moved to amend the electric franchise ordinance with Northern States Power. Ordinance 988 City of Maplewood, Ramsey County, 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. SECTION I: The City Council of the City of Maplewood, Minnesota ordains to amend the City’s Gas Franchise Agreement by adding the double underlined material and deleting the stricken material as follows: 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. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall be in amounts established by separate ordinance in accordance with this section 9.1 below and by customer class and fixed monthly fee as follows: not exceed the following amounts: Class Fee Per Premise Per Month July 23, 2018 10 City Council Meeting Minutes Residential $ 3.00 Sm C & I – Non-Dem $ 4.75 Sm C & I – Demand $ 30.00 Large C & I $ 180.00 Public Street Ltg $ 4.00 Muni Pumping –N/D $ 4.00 Muni Pumping – Dem $ 4.00 SECTION II. This ordinance shall be effective after its adoption, publication and 90 days after the sending of written notice enclosing a copy of this adopted ordinance to NSPM by certified mail. Seconded by Councilmember Xiong Ayes – All The motion passed. Councilmember Smith moved to amend the electric franchise fee ordinance with Northern States Power, with the stipulation that the fee increases also apply to electric power provided by North St. Paul. Ordinance 989 City of Maplewood, Ramsey County, Minnesota 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; Minnesota does ordain as follows: SECTION I. The city of Maplewood municipal code is hereby amended to include the following: 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 989, 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, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto 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 November 1, 2018 billing month. July 23, 2018 11 City Council Meeting Minutes 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 the Company to add a surcharge to customer rates of city residents to reimburse the 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. SECTION II. This Ordinance shall be effective after its adoption, publication and 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. 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 $ 3.00 Sm C & I – Non-Dem $ 4.75 Sm C & I – Demand $ 30.00 Large C & I $ 180.00 Public Street Ltg $ 4.00 Muni Pumping –N/D $ 4.00 Muni Pumping – Dem $ 4.00 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. July 23, 2018 12 City Council Meeting Minutes October – December collections due by January 31. Seconded by Councilmember Abrams Ayes – All The motion passed. Councilmember Smith moved to amend the gas franchise ordinance with Northern States Power. Ordinance 990 City of Maplewood, Ramsey County, Minnesota An ordinance granting to Northern States Power Company, a Minnesota Corporation, its successors and assigns, permission to erect a Gas Distribution System for the purposes of constructing, operating, repairing and maintaining in the City of Maplewood, Minnesota, the necessary gas pipes, mains and appurtenances for the transmission or distribution of gas to the City and its inhabitants and others and transmitting gas into and through the City and to use the public grounds and public ways of the city for such purposes. SECTION I: The City Council of the City of Maplewood, Minnesota ordains to amend the City’s Gas Franchise Agreement by adding the double underlined material and deleting the stricken material as follows: SECTION 9. FRANCHISE FEE. Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on the Company, the City may impose on the 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. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall be in amounts established by separate ordinance in accordance with this section 9.1 below and by customer class and fixed monthly fee as follows: not exceed the following amounts: Class Fee Per Premise Per Month Residential $ 3.00 Commercial Firm Non-Demand $ 12.00 Commercial Firm Demand $ 100.00 Small Interruptible $ 75.00 Medium and Large Interruptible $ 110.00 Firm Transportation $ 2.50 Interruptible Transportation $ 2.50 SECTION II. This ordinance shall be effective after its adoption, publication and 90 days after the sending of written notice enclosing a copy of this adopted ordinance to NSPM by certified mail. July 23, 2018 13 City Council Meeting Minutes Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Abrams moved to amend the gas franchise fee ordinance with Northern States Power. Ordinance 991 City of Maplewood, Ramsey County, Minnesota An ordinance implementing a Gas Service Franchise Fee on Northern States Power Company, a Minnesota Corporation, its successors and assigns, for providing gas service within the City of Maplewood. The City Council of the City of Maplewood, Minnesota does ordain as follows: SECTION I. The city of Maplewood municipal code is hereby amended to include the following: 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 natural gas services within the City of Maplewood. (a) Pursuant to City Ordinance 991, 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, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto 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 gas franchise in accordance with the schedule attached here to and made a part of this ordinance, commencing with the NSPM November 1, 2018 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 gas service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control. Subd. 3. Payment. The said franchise fee shall be payable to the City in July 23, 2018 14 City Council Meeting Minutes 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 the Company to add a surcharge to customer rates of city residents to reimburse the 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. SECTION II. This ordinance shall be effective after its adoption, publication and 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 in above. Franchise Fee Rates: Gas Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Class Amount per month Residential $ 3.00 Commercial Non-Demand $ 12.00 Commercial Firm Demand $ 100.00 Small Interruptible $ 75.00 Medium and Large Interruptible $ 110.00 Firm Transportation $ 2.50 Interruptible Transportation $ 2.50 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 Juenemann Ayes – All The motion passed. Councilmember Juenemann moved to approve the Resolution Authorizing Publication of the Franchise and Franchise Fee Ordinances by Title and Summary. City of Maplewood Resolution No. 18-07-1594 Resolution Authorizing Publication of Ordinance Nos. 988, 989, 990, and 991 by Title and Summary July 23, 2018 15 City Council Meeting Minutes WHEREAS, the city council of the city of Maplewood has adopted Ordinance Nos. 988, 989, 990, and 991ordinances amending the city’s gas and electric franchise agreements with Northern States Power Company to increase the franchise fees charged by the city; and WHEREAS, Minnesota Statutes, § 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 ordinances are, collectively, 10 pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinances. 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 Nos. 988, 989, 990, and 991 to be published in the official newspaper in lieu of the entire ordinances: Public Notice The Maplewood city council has adopted four ordinances (Nos. 988, 989, 990, and 991, collectively the “Ordinances”) which increase the city’s natural gas and electric franchise fee on Northern States Power Company, the utility which provides gas and electric service within Maplewood under franchise agreements with the city. The new rates, effective November 1, 2018, will be $3.00 per month for gas and $3.00 per month for electric service for residential customers. The current franchise fee is $1.25 per month for each utility for residential customers. Other rates apply to non-residential customers. The city intends to use the revenues raised by the franchise fees for public improvement projects and other purposes. Northern States Power Company will pass the franchise fees onto its customers, resulting in a small increase in utility bills for customers. Full copies of the Ordinances are available in the office of the city clerk. Seconded by Councilmember Xiong Ayes – All The motion passed. K. ADJOURNMENT Mayor Slawik adjourned the meeting at 8:25 p.m. July 23, 2018 16 City Council Meeting Minutes