HomeMy WebLinkAbout2010 02-01 City Council Manager Workshop PacketAGENDA
MAPLEWOOD CITY COUNCIL
MANAGER WORKSHOP
5:00 P.M. Monday, February 1, 2010
Council Chambers, City Hall
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. UNFINISHED BUSINESS
Discussion of the Fish Creek Natural Area Greenway Ad -Hoc Commission
Recommendation
E. NEW BUSINESS
1. Discussion of the Recycling Contract Request For Proposals
F. ADJOURNMENT
THIS PAGE IS INTENTIONALLY LEFT BLAND
Agenda Item D1
TO: James Antonen, City Manager
FROM: DuWayne Konewko, Community Development and Parks Director
Ginny Gaynor, Maplewood Natural Resources Coordinator
SUBJECT: Discussion of the Fish Creek Natural Area Greenways Ad -Hoc Commission
Recommendations
DATE: January 25, 2010 for February 1, 2010 Council Workshop
INTRODUCTION
In May 2009, Maplewood City Council appointed an ad -hoc commission to develop recommendations
for protection and recreation in the Fish Creek Natural Area Greenway. The Fish Creek Natural Area
Greenway Commission met ten times in 2010 and developed recommendations. The commission will
present its report to City Council at the February 1, 2010 council workshop.
DISCUSSION
Maplewood City Council established the Fish Creek Natural Area Greenway Ad -Hoc Commission to:
• Develop recommendations and priorities for protecting natural lands in the Fish Creek Natural Area
Greenway, including:
1. Acquisition of private land;
2. Conservation easement on private land;
3. Conservation subdivision options for properties that want to develop;
4. Funding options.
• Identify issues and opportunities for passive recreation in Fish Creek Natural Area Greenway and
develop recommendations for passive recreation that does not degrade natural resources in the
greenway.
The Commission's vision for the area (Attachment 1) and report (Attachment 2) are attached. The
Commission recommends that the city protect as much natural habitat as possible in this area via
acquisition, conservation subdivision, conservation easements on private lands, stewardship, and
existing ordinances. Priorities for acquisition are Fish Creek and upland buffer, Mississippi River bluff
lands, ecologically significant parcels, land adjacent to existing public lands and land that maximizes
options for passive recreation.
The Commission recommends that the city acquire approximately 80 acres of land to protect a critical
corridor of habitat and enhance recreational opportunities. Seventy acres of this are the parcels
formerly owned by CoPar Development. An additional 10 acres are parcels along Fish Creek that are
in private ownership.
With minimal acquisition (or easement), the city and its partners can create the Fish Creek Hiking Trail,
extending from Point Douglas Road in St. Paul to Carver Lake Beach Park in Woodbury. Due to
terrain and ecological sensitivity of the creek, this would be a rustic trail through the natural areas. If
the former CoPar site is acquired (70 acres), recreational opportunities increase significantly. When
added to existing county open space, this becomes a premier urban natural area of 158 contiguous
acres with options for an accessible trail to the Mississippi River bluffs and an extensive hiking trail
system throughout the site.
Packet Page Number 3 of 67
In January 2010, Fish Creek Natural Area Greenway commissioners presented their draft
recommendations to four groups: Friends of Maplewood Nature; Ramsey County's Parks and
Recreation Commission; Maplewood's Environmental and Natural Resources Commission; and
Maplewood's Parks and Recreation Commission. All four groups supported the vision and report. The
two Maplewood commissions voted unanimously to approve the recommendations. The
Environmental and Natural Resources Commission further recommended that the Preferred Plan, or at
a minimum Alternative 1, be approved.
At the City Council workshop, commissioners will present the report to council, answer questions, and
discuss the recommendations. Staff will bring this issue to the February 8, 2010 council meeting for
action.
RECOMMENDATION
Staff recommends that City Council members discuss the commission's report: Recommendations and
Opportunities for Fish Creek Natural Area Greenway.
Attachments:
1. Vision for Fish Creek Natural Area Greenway
2. Report: Recommendations and Opportunities for Fish Creek Natural Area Greenway
2
Packet Page Number 4 of 67
Recommendations and Opportunities for
Fish Creek Natural Area Greenway
January 25,. 2010
Report to Maplewood City Council from
Fish Creek Natural Area Greenway Ad -Hoc Commission
Report to Maplewood City Council from
Fish Creek Natural Area Greenway Ad -Hoc Commission
January 25, 2010
Executive Summary ----------------------------------------------------------------------------------------------------- - - - - -- 1
Photos of Fish Creek Natural Area Greenway ------------------------------------------------------------- - - - - -- 3
I.
Introduction and Background Information ...........................................................
7
11.
Protection Strategies --------------------------------------------------------------------------------------- - - -
- -- 10
III.
Protection and Acquisition Priorities .-------------------------------------------------------------- - - -
- -- 15
IV.
Recreation
18
V .
Partnerships .---------------------------------------------------------------------------------------------------- - - -
- -- 20
V1 .
Funding ------------------------------------------------------------------------------------------------------------ - - -
- -- 21
VII.
Summary of Recommendations ---------------------------------------------------------------------- - - -
- -- 25
VIII.
Appendices
Appendix A: Map of Fish Creek Natural Area Greenway ------------------------------- - - -
- -- 29
Appendix B: Map of Native Plant Communities --------------------------------------------- - - -
- -- 31
Appendix C: Resident Questionnaire Results ------------------------------------------------- - - -
- -- 33
Appendix D: Map of Fish Creek Land Acquisition Priorities --------------------------- - - -
- -- 37
Appendix E: Vision for Public Lands in Fish Creek Natural Area Greenway - - -
- -- 38
Recommendations and Opportunities for
Fish Creek Natural Area Greenway
January 25, 2010
Purpose of Fish Creek Natural Area Greenway Commission
In May 2009, Maplewood City Council established the Fish Creek Natural Area Greenway Ad -Hoc
Commission to develop recommendations and priorities for protecting natural lands in the Fish Creek
Natural Area Greenway, and to identify issues and opportunities for passive recreation in the greenway.
Significance of the Greenway
Maplewood's Natural Area Greenways are large contiguous patches of habitat that cross property
boundaries, and include both public and private land. The Fish Creek Natural Area Greenway is located
in the southern tip of Maplewood and spills into St. Paul and Woodbury. It includes 142 acres of Ramsey
County open space, 37 acres of City of Maplewood preserve and parkland, the 150 -acre Carver Lake
Beach Park in Woodbury, and many more acres of natural land in private ownership. Fish Creek is the
heart of the greenway and flows through grasslands and woodlands as it makes its way from Carver Lake
to the Mississippi River. There are oak woodlands, a few small pockets of maple- basswood forest, and a
few tiny prairie remnants in the greenway. Steep slopes provide dramatic vistas and the area has a very
natural character. Portions of the greenway have been used by humans since pre - settlement time and
small Depression -era dams along Fish Creek built by the WPA add to the areas cultural heritage. Part of
the greenway lies within the Mississippi National River and Recreation Area ( MNRRA) boundaries.
MNRRA is part of the national park system.
Protection Strategies
There are approximately 329 acres of public land in the greenway (including Carver Lake Beach Park),
but many acres of privately -owned natural land may someday be developed. Thirty -six private parcels
in the greenway are over two acres and combined these private sites total 238 acres, much of which is in
a natural state. The commission's vision is to protect the natural state of as much private land as
feasible so 50 years hence the greenway is still intact. We recommend that the city use several
strategies for protection.
Acquisition. The commission recommends acquisition of the most important parcels of land. Not
only will this protect natural resources and the integrity of the greenway, but it provides significant
opportunities for recreation in the area.
Conservation Subdivision. Many landowners will want to develop their land someday and the
commission recommends that the city encourages the use of low impact development and
conservation design for development in the greenway. For large parcels (over five acres) that
cannot be acquired or otherwise protected from development, the city should work closely with
developers to use a conservation development approach to preserve the most significant natural
features of a site.
Conservation Easement. Some landowners may want to preserve their land. The commission
recommends that the city encourages the use of conservation easements by private landowners and
supports homeowners in those efforts.
Stewardship. Urban natural areas that are not cared for will degrade over time. Our vision is that in
50 years the natural areas in the greenway will be ecologically healthier than they are today. The
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commission recommends that the city encourage and support stewardship efforts on both private
and public lands in the greenway.
Ordinance. Existing city ordinances addressing slopes, wetlands, and trees will help protect natural
resources in the greenway. The city is currently reviewing and considering changes to the slope
ordinance.
Acquisition Priorities
The commission recommends that the city acquire approximately 81 acres of land in the greenway. The
core of this is the 70 -acre parcel south of Carver Avenue (site owned by Lakeland Construction &
Finance, LLC), and surrounded by Ramsey County Open Space. Acquisition of a 9 -acre parcel north of
Carver Avenue would protect approximately % mile of the creek that is still in private ownership. And an
additional 2 acres of acquisition would increase buffers along one section of the creek. Acquisition of
these parcels protects significant ecological resources in the greenway and greatly increases access to
public lands and recreation in south Maplewood. Priorities for acquisition are: a) remaining private
lands that contain Fish Creek, b) 600' creek corridor, c) Mississippi River blufflands, d) land which
provides recreational opportunities, e) land of high ecological quality, and f) land adjacent to existing
public lands.
Recreation
The commission envisions this area for local and neighborhood use, with connections to the nearby
regional network of trails. We propose creating the Fish Creek Hiking Trail from Highway 61 to Carver
Lake. Sections along Fish Creek and through natural areas would be narrow (4' -wide or less), soft -
surface trails, restricted to walking and hiking. Other sections would be on sidewalks or coincide with
bike trails. Currently, due to terrain and roadways, access to the county open space is limited. If the 70-
acre site south of Carver Avenue is acquired, recreational opportunities expand significantly. Not only
does that become open to trails but it makes trails possible on the adjacent county lands, as well as
connections to local and regional bike trails. With the purchase of these 70 acres, this site would
become a premier urban natural area of 158 contiguous acres. Future trails or sidewalks would connect
this preserve to another 240 acres of existing public land throughout the greenway (53 acres of Ramsey
County Open Space, 37 acres of Maplewood park and preserve lands, and the 150 -acre Carver Lake
Beach Park owned by Woodbury).
Partners
The commission has talked with many partners and all have been supportive of the project and our
vision. Continuing these partnerships will be essential for carrying out the vision for the Fish Creek
Natural Area Greenway.
Funding
A diverse funding strategy will be necessary to carry out the vision for Fish Creek Natural Area
Greenway. The city should seek grants and legislative funds for acquisition. In order to be a serious
candidate for grants and legislative funding, the city will need to provide significant seed money to
demonstrate the importance of this project to Maplewood. The commission proposes that the city hold
a bonding referendum to provide funds for land acquisition and management. We encourage the city to
seek the assistance of Trust for Public Land in crafting a referendum.
Photos of Fish Creek Natural Area Greenway
PA
Photos Fish Creek Natural Area Greenway
Fish Creek flows from
Carver Lake in
Woodbury to the
Mississippi River,
though grasslands and
woodlands.
Photo taken on
Ramsey County Open
Space, St. Paul.
Public hike along Fish
Creek.
Photo taken on
Ramsey County Open
Space, St. Paul.
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Fall color in the
valley of Fish Creek.
Photo taken on
Ramsey County
Open Space,
Maplewood.
Steep hills and lush
woodlands are
found throughout
the greenway.
Photo taken from
ski jump chalet,
Maplewood.
4
Snake creek carves a
canyon through the
south end of the
greenway.
Photo taken from
Bailey residence,
Maplewood.
Steep hills and open
grasslands provide
long vistas.
Photo taken from
Carver
Neighborhood
Preserve,
Maplewood.
5
The greenway
includes Mississippi
River bluff lands,
some with open view
to the western
horizon.
Photo taken from
bluff top in
Maplewood. Parcel
H on map of
acquisition priorities.
Photo provided by
Michael Bailey.
Part of the
Mississippi River
bluff top heavily
wooded and part is
grassland with
scattered trees.
Photo of bluff top in
Maplewood. Parcel
H on map of
acquisition priorities.
I
Purpose of Fish Creek Natural Area Greenway Commission
Maplewood City Council established the Fish Creek Natural Area Greenway Ad -Hoc Commission in May
2009 to:
■ Develop recommendations and priorities for protecting natural lands in the Fish Creek Natural Area
Greenway, including:
1. Acquisition of private land;
2. Conservation easement on private land;
3. Conservation subdivision options for properties that want to develop;
4. Funding options.
■ Identify issues and opportunities for passive recreation in Fish Creek Natural Area Greenway and
develop recommendations for passive recreation that does not degrade the natural resources in the
greenway.
Features of Fish Creek Natural Area Greenway
The Fish Creek Natural Area Greenway was mapped in 2008 (see Appendix A: Map of Fish Creek Natural
Area Greenway) and incorporated into Maplewood's 2030 Comprehensive Plan. The greenway is a large
contiguous area of natural habitat that crosses property boundaries and includes both public and private
lands.
Fish Creek is the heart of this greenway, running from Carver Lake in Woodbury to Highway 61 in St.
Paul, and then connecting under the highway to the Mississippi River. There is much natural land and
the greenway has a very rural and undeveloped character. There are several parcels of city and county
public open space in this area and many private parcels have large areas of habitat.
Some of the special features of the Fish Creek Natural Area Greenway include:
• Fish Creek. The creek runs through woodlands, grasslands, and emergent and open water marshes
before cutting through a scenic ravine and tumbling over boulders on its way to join the Mississippi
River. Most of the creek lies within Ramsey County Fish Creek Open Space.
• Snake Creek. Snake Creek begins on the west edge of the Bailey Nursery property and runs through
private lands. Portions of the creek have steep rock cliffs.
• Woodlands. The greenway has several stands of oak woodland, some with large patches of native
groundcovers including ferns, sedges, and wildflowers. There are a few small stands of maple -
basswood forest (mostly in St. Paul), a plant community that is uncommon in Maplewood.
• Wetlands. Wetlands in the greenway provide habitat and are important to local hydrology and
water quality.
• Grasslands. Open grasslands in the greenway contribute to the rural character of the area. Most
are old fields with a few tiny remnants of native prairie.
• Mississippi River Bluffs. The greenway contains Mississippi River bluff lands and vistas.
• Ecological Significance. The Minnesota Department of Natural Resources (DNR) identifies parts of
the Fish Creek Natural Area Greenway as part of the Metro Conservation Corridor, as a Regionally
Significant Ecological Area, and as a Site of Biodiversity Significance in the Minnesota County
Biological Survey.
• Scenic Views. The greenway has several steep hills which open to panoramic views, including the
Mississippi River valley.
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• Connection to Mississippi River. The creeks and the greenway connect to the Mississippi River. The
highways sever ecological connections for many species, but the greenway is part of Mississippi
River flyway.
• Trail Connections. The greenway connects to regional and local trail systems.
• Historic and Cultural Significance. A 2005 archaeological survey of a site in the greenway found
pre- contact artifacts 100' from Fish Creek, which included ceramics, lithics (stone tools or stone
artifacts), and faunal remains. The site appears to be a campsite and dates between 2500 and 375
years ago. The archeologist conducting the study recommended the site as "potentially eligible for
listing in the National Register of Historic Places."
• Mississippi National River and Recreation Area. Part of the Fish Creek Natural Area Greenway lies
within the Mississippi National River and Recreation Area (MNRAA). MNRAA is a part of the national
park system and considered a national park system unit. The MNRRA boundary includes an area of
54,000 acres along 72 miles of the river. The National Park Service (NPS) owns and manages less
than 100 acres of land within the MNRAA boundaries but works with other agencies and
communities to preserve and enhance the area within the MNRAA boundaries. The NPS has no
regulatory authority within the Fish Creek greenway, except it has review authority of any and all
undertakings of other federal agencies (permits, grants, etc.) in order to ensure conformance of
those activities with the MNRRA Comprehensive Plan. The NPS guidelines on open space protection
opportunities for MNRAA ranks portions of the Fish Creek greenway within MNRRA as "high" and
"moderate" ecological quality.
• Mississippi River Corridor Critical Area. Part of the Fish Creek Natural Area Greenway lies with the
Mississippi River Corridor Critical Area (MRCCA). The MRCCA was designated over 30 years ago by
Executive Order 79 -19. The National Park Service used the MRCCA boundaries in creating MNRAA
and the two share the same boundaries. The Minnesota Department of Natural Resources has just
begun a rulemaking process, which will establish minimum guidelines and standards to protect
resources in MRCCA. Once this process is completed, Maplewood will update its ordinances to
comply. Local governments are responsible for following the MRCCA guidelines, with state,
regional, and federal agencies providing oversight and assistance.
Appendix B shows land cover classifications for south Maplewood.
Land Use Plan
In 2006, Maplewood issued a moratorium on development in south Maplewood in order to study land
use of all parcels south of Carver Avenue. Consultants Schoell Madson were hired to facilitate the
study. A report outlining options for the area was submitted to Maplewood City Council. This
information was helpful in developing the land use plan for this area that is part of the 2030
Comprehensive Plan. The 2030 Plan proposes Rural /Low Density Residential (.5 -1.5 units/acre) for most
of the undeveloped natural areas in the greenway and Mixed Use (6 — 31 units/acre) for the Bailey
Nursery site.
Past Protection Efforts
For over 25 years, residents have advocated for public acquisition of additional land in this area. Land
south of Carver Avenue was one of the top priorities for acquisition identified by the Maplewood Open
Space Committee after the passing of the 1993 Open Space bonding referendum. At that time the
landowner was not interested in selling these parcels to the city, but these parcels are now available.
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Commission Process
Commission members included:
■ Fish Creek Natural Area Greenway Ad -Hoc Commission members:
Chair Ginny Yingling, Environment and Natural Resources Commission
Vice -Chair Ron Cockriel, Friends of Maplewood Nature
Carolyn Peterson, Parks and Recreation Commission
John Moriarty, Ramsey County Parks
Cliff Aichinger, Ramsey - Washington Metro Watershed District
Ginny Gaynor, City of Maplewood
■ Active Ex- Officio members:
Bob Spauling, Friends of the Mississippi
Jim Von Haden, National Park Service
Mary Beth Block, Minnesota Department of Natural Resources
Invited guests. In addition, several guests were invited to participate in discussions throughout the
process.
The commission held ten commission meetings between July 10, 2009 and December 18, 2009. All
meetings were open to the public, posted in advance, and videotaped. In addition, the commission had
one field trip to the greenway.
To engage residents and solicit public input, the commission:
• Held one public meeting (11 people attended);
• Held one public tour (20 people attended);
• Published two articles in Maplewood's city newsletter;
• Posted announcements regarding the public meeting and tour in the Maplewood Review;
• Sent two mailings to approximately 220 households in the greenway to inform people about the
commission, announce the meetings and tour, and send a questionnaire;
• Hosted a webpage;
• Posted an on -line questionnaire and mailed the questionnaire to 220 households. 60 questionnaires
were completed (see Appendix C: Resident Questionnaire Results). This was not conducted as a
scientific survey and there was no mechanism to ensure people submitted only one survey, thus the
results need to be interpreted with this in mind.
• Commission members provided informal updates of the commission work to their relevant
commissions or entities;
• Presented draft recommendations in January 2010 to Maplewood Environmental and Natural
Resources Commission, Maplewood Parks and Recreation Commission, Ramsey County's Parks and
Recreation Commission, and Friends of Maplewood Nature.
The Need for Protection
The Natural Area Greenway map is a snapshot in time, showing the natural areas that exist in 2008.
Much of the natural land in the Fish Creek Natural Area Greenway is in private ownership, and owners
of some private parcels may someday develop their land. Long -term viability of the greenway depends
on protection of natural resources on both public and private lands. Strategies for protection include
acquisition, conservation development, conservation easement, stewardship, and ordinance.
Recommendation #1: The commission recommends that the city support a diverse protection
strategy for the greenway that includes acquisition, conservation development, conservation
easement, stewardship, and ordinance.
Acquisition
Acquiring land for public ownership is an effective strategy for protection. In addition to protecting
natural resources, land acquired for public ownership provides new opportunities for hiking and passive
recreation. Results of the questionnaire indicated 78°1 respondents supported acquisition of land in the
greenway (10% were not sure, 12°% did not support acquisition). The questionnaire did not pose
questions on how we would pay for land.
The benefits of acquiring additional public land in the Fish Creek Natural Area Greenway include:
• Ensures protection of more land in the greenway;
• Protects core pieces of land that will be essential long -term for maintaining a wildlife corridor;
• Provides new options for hiking and passive recreation. With no land acquisition, there are
opportunities to add rustic trails to one county site and one city site. If key parcels are acquired, the
opportunities for trails and trail connections are dramatically enhanced. (See Section IV-
Recreation).
Ramsey County Park staff is supportive of acquisition of additional public land in this area. The county is
happy to partner on protection initiatives for this area. However, if the city wants to acquire land, the
city will need to be the lead agency for acquisition efforts.
If land is acquired, the city may not be the best public entity to own and manage it. The intended use of
an acquired site should drive the decision on who owns and manages the land. In some situations, a
joint management partnership may be ideal. These decisions would be made when a site is purchased
and during development of a master site plan.
The questionnaire solicited comments regarding concerns people may have with the city acquiring
additional land. The main concerns listed are discussed below:
■ Cost. Land acquisition in south Maplewood will be expensive and some residents expressed
concern about tax increases and the city being able to afford additional land. Section VI- Funding
addresses funding strategies.
■ Affect on tax base. A few residents raised concerns about how acquiring land would affect the tax
base. In 2005, the Twin- Cities based non - profit group Embrace Open Space commissioned a report
titled The Economic Value of Open Space: Implications for Land Use Decisions (Anton, 2005). The
study points out three elements that are often overlooked in evaluating the costs of open space:
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• Increased property tax revenue due to increase in property values adjacent to and near open
space;
• Cost of services and infrastructure required for developed areas;
• Potential cost savings from better storm water management.
The fiscal impacts will differ for every situation, but in some scenarios the costs of infrastructure and
public services exceed the tax revenue provided by development. The report provides information
on three different tools that communities can use to determine fiscal impact of a given
development.
Another study commissioned by Embrace Open Space in 2009 studied the economic impacts of
open space on property values in Hennepin County (www.embraceopenspace.org). It found
property values increased for homes within 200' of open space, except for homes in high - income
areas or homes on lots larger than one acre. There were several interesting conclusions in this study
that help provide an understanding of the economic value of open space to residents and to the
community as a whole.
Ability to manage additional land. A few residents were concerned that the city could not afford to
manage additional land. The Fish Creek Natural Area Greenway currently includes 37 acres of city
preserve and parkland and 142 acres of county open space. Acquisition of land requires the ability
to manage it. Management costs for natural areas vary tremendously depending on existing site
conditions and the level of management desired. At the Maplewood Neighborhood Preserves and
premier natural areas in the city, goals include active management of invasive species and where
feasible restoring native plant communities. Management goals for the county open space are not
as intensive. Providing recreational trails increases costs for installation, maintenance, and for
associated services (ex: enforcement). Dakota County addressed the upfront management costs by
setting aside 10% of the acquisition and easement funding for management and "site
development ".
The commission believes the benefits of more public land in this area are worth the costs associated
with land management and providing additional opportunities for passive recreation.
■ Impacts of increasing visitors to area. Some residents expressed concerns that acquiring more
public land will bring more people into the area. They cite the potential for trespassing on private
land, more degradation of public land due to increased visitation, increased traffic in the area, and
more crime.
The commission does not envision Fish Creek Natural Area Greenway as a regional park or regional
preserve, with the type of trails and amenities those designations would suggest. We envision the
greenway as a local and neighborhood natural area, with regional significance. Acquiring additional
public land will enhance opportunities for hiking and passive recreation and we anticipate that use
of the area will increase somewhat if access is improved. Impacts of increased use should be
addressed in a site master plan. Considerations such as placement of trails (proximity to homes),
type of trail, boundary markers, signage, monitoring and enforcement can help lessen impacts. It is
important to note that in some situations increased visitation actually helps decrease crime because
there are more people using the site and watching out for it.
The Fish Creek Natural Area Greenway Commission believes that the benefits to the community of
acquiring public land outweigh the potential negative impacts of increased visitation to the area.
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Recommendation #2: The commission recommends that the city acquire additional land in the Fish
Creek Natural Area Greenway. Priorities for acquisition are presented in Section 111.
Conservation Subdivision
Conservation subdivision is a development approach that preserves open space within a development,
and typically includes decreasing lot size and clustering homes. The open space in the subdivision may
be owned and managed by a homeowner association, a municipality, a non- profit organization or other
group. The purpose of the open space and management requirements are set forth when the
development is approved. If a homeowner association owns the open space, they may restrict access to
homeowners in the subdivision only. If a municipality owns the site, it is typically open to public access.
Conservation subdivision is an important protection strategy for the Fish Creek Natural Area Greenway.
In 2009, Maplewood City Council approved a conservation ordinance to serve as a stop -gap ordinance
until the 2030 Comprehensive Plan is approved and the new Land Use Plan is effective. This ordinance
provides density bonuses for developers using conservation strategies.
Conservation subdivision is most effective on larger parcels but the concept of protecting the high
quality natural areas and clustering homes can sometimes be implemented on smaller parcels. There
are several parcels in the greenway where conservation subdivision could be used to preserve open
space if acquisition is not possible.
Lakeland Construction & Finance LLC parcels (formerly owned by CoPar Development LLQ. This
site consists of six parcels, totaling 70 acres, south of Carver Avenue and west of Henry Lane. If this
site is developed, a conservation subdivision approach could be used to protect ecologically
sensitive parts of the site (creek and buffer, bluffs, slopes, wetlands, high quality woodlands), while
homes could be clustered on smaller lots on the rest of the site. Existing Maplewood ordinances
protect slopes, wetlands, and trees and the city should ensure that any development complies with
these ordinances.
If a conservation subdivision approach were used on the site owned by Lakeland Construction &
Finance, it would be ideal to negotiate an agreement for the open space to be owned by the city or
the county. This would greatly improve options for passive recreation and access to existing public
lands in the area. In particular, this could provide an opportunity: 1) to have an overlook on the
Mississippi River bluff, 2) to connect the existing footpath along Fish Creek to Henry Lane, 3) to have
trail access from the development to the county open space to the south, and 4) to create a trail
loop through the development. If the open space were owned and managed by a homeowner
association and not open to the public, it would help achieve some protection goals but not
recreation goals.
■ 2591 Carver Avenue East. The 9 -acre parcel owned by the Libby family will be more difficult to
develop as a conservation subdivision but there may be some potential to cluster homes, while
preserving a creek corridor larger than that required by Maplewood's existing wetland ordinance.
Smaller parcels. Smaller parcels may have some options for preserving open space and using
principals of conservation development.
Recommendation #3: The commission recommends that the city not reauthorize the development
agreement that the city had with CoPar Development LLC. If the land is to be developed, the
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commission recommends the city work closely with the developer to use a conservation subdivision
approach which protects the most sensitive natural features of the site.
Recommendation #4: The commission recommends that the use of low- impact development and
conservation design principles be explored for all parcels that are developed in the greenway. The
commission further recommends that the city take a proactive approach in encouraging the use of
conservation development principals including:
• Assemble a packet of information on these concepts and make this available to Maplewood
sellers and developers.
• Explore the use of a pre - approval process for working with developers on lands in the
greenways to discuss concepts before design phase commences.
• Ensure that Maplewood's land use plan, zoning, and ordinances encourage the use of
conservation subdivision.
Conservation Easement
A conservation easement is a binding legal agreement that permanently protects land from
development. Sometimes existing buildings and yard areas are exempt from the easement and
sometimes provisions are made so a portion of the site can be developed. The commission is aware of
two conservation easements in Maplewood: 1) the Haller's Woods development in south Maplewood
has a conservation easement on the open space owned by their association, and 2) the city granted a
conservation easement to Minnesota Land Trust for the Priory Neighborhood Preserve. The commission
believes the best use of conservation easements in the Fish Creek greenway are for private lands and
conservation subdivisions.
Many residents in south Maplewood have a strong connection to their land. A few land owners in
Maplewood may be in a position where they will not need or want to sell their land. Minnesota Land
Trust (MLT) works with landowners to preserve natural lands via conservation easements. Because of
the logistics and costs involved, they typically work with larger parcels of land. However, MLT staff
indicated that if several owners of small holdings in an area are interested in granting conservation
easements, the Land Trust may be able to work with them.
The 18.7 -acre parcel at 1230 Sterling Street South (ski jump site) is owned by the non - profit agency St.
Paul Education Foundation. This site has steep wooded slopes and would be very difficult to develop.
This site could be a good candidate for protection via conservation easement if the owner is interested.
Recommendation #5: The commission recommends that the city encourage the use of
conservation easements by private landowners and in conjunction with conservation subdivisions
that set aside open space. The commission further recommends that this be achieved through:
• Assembling information on conservation easements and making it available to landowners and
developers in the greenway.
• Facilitating a meeting between Minnesota Land Trust and interested landowners.
• Helping developers make the connections necessary to successfully enter into conservation
easements on land that will be owned by an association or other group.
Stewardship
Stewardship and management of existing natural areas is essential for the long -term protection of the
Fish Creek Natural Area Greenway. Without care, most of our natural areas will degrade due to
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pollutants, invasive species, altered hydrology, and removal of natural forces such as fire. Because of
the large amount of private natural land in the greenway, private landowners can play an important role
in stewardship of the greenway. It was gratifying to see the responses in the questionnaire to questions
about stewardship. 94°I of respondents indicated they would likely or very likely remove buckthorn or
other invasive species in their yard.
Recommendation #6: The commission recommends that the city take a proactive approach to
managing natural resources on public lands in the greenway including:
• Develop a restoration and management plan for Carver Neighborhood Preserve.
• Develop a restoration and management plan for the natural areas at Pleasantview Park.
• Seek opportunities to partner with and support the county in management efforts on county
open space.
Recommendation #7: The commission recommends that the city take a proactive approach to
encouraging and supporting private landowners in the greenway to manage natural resources on
their land including:
• Continue to present education programs on ecology and stewardship.
• Continue to promote watershed district cost -share programs for implementing best
management practices.
• Enhance stewardship information on the city website.
• Explore the feasibility of and develop programs to support residents in enhancing habitat on
private lands throughout Maplewood including:
■ Provide education and technical support;
■ Provide technical advice and coordination to help residents combine smaller projects into
larger projects to gain efficiencies (ex: neighborhood -wide buckthorn removal);
Provide cost -share for habitat enhancement;
Help residents make connections with neighbors interested in working together;
Facilitate award and recognition programs such as non - binding registries.
Ordinance
Existing city ordinances can help protect some natural resources in the Fish Creek Natural Area
Greenway. Cooperation will be needed during the development process to ensure planned unit
developments and variances approved by council result in as much protection as the ordinances
provide.
• Slopes. Maplewood's slope ordinance addresses development on slopes. It prohibits development
on slopes greater than 18% that are in direct drainage to a protected water; it prohibits
development on slopes greater than 40°I that are not in direct drainage to a protected water.
Certain requirements must be met for all development on slopes greater than 12 %. In addition, the
ordinance requires that, within the Mississippi River Corridor Critical Area, slopes viewed from the
Mississippi River or from the opposite river bank must look natural and undeveloped.
• Wetlonds. Maplewood's wetland ordinance addresses development near wetlands. It prohibits
disturbance and alteration of land and vegetation within 100' of a stream and within 50' -100' of a
wetland, depending on the wetland classification.
• Trees. Maplewood's tree ordinance helps protect trees and woodlands in the city. It requires a Tree
Preservation Plan for any development project that requires land use, grading, or building permits,
excluding minor home additions. Tree removal is permitted; however, it must be mitigated by
replanting according to the replacement formula in the ordinance.
14
Several large parcels of land in the Fish Creek corridor are, or may be, available for acquisition. The
commission, and the majority of respondents to the questionnaire, support acquiring significant acreage
to provide permanent protection for Fish Creek and its adjoining upland areas and to maximize public
recreational opportunities in the area. However, recognizing that it may not be possible to acquire all of
the potentially available land, the commission recognized the need to identify priorities, both for
acquisition and other protection options.
To evaluate and prioritize land in the Fish Creek greenway, the commission developed several criteria:
• Creek crosses the property
• Adjacent to the creek, expands creek corridor to 600' (300' on each side)
• Ecological value
• Water quality improvement /protection value
• Contains Mississippi River bluffs
• Adjacent to existing public lands, provides connectivity
• Access for public passive recreational use
• Scenic value and/or vistas
In the public meeting and through the mail and on -line questionnaire, residents were asked to rate how
important these criteria are in terms of protection and /or acquisition of lands in the Fish Creek
greenway (see results in Appendix C). Both the commission and public input ranked highest the
acquisition /protection of the creek itself and adjoining lands to increase the creek buffer. Accessibility
for public passive recreational use and connectivity with existing public lands and trail systems also
ranked very high.
Using these criteria and the public feedback, the commission identified and prioritized 10 sub - parcels in
the corridor (see map in Appendix D):
• Parcel A (5.3 acres): This parcel has been developed and has lower ecological value, but may
become available only as part of a larger property that includes Parcel B.
• Parcel B (4.5 acres): This parcel contains the last major section of Fish Creek in private ownership
and may become available only as part of a larger property that includes Parcel A.
• Parcel C (1.1 acres): This parcel contains a segment of Fish Creek and adjoins county land. It could
provide a potential access point from Carver Avenue to those lands, but is not currently available for
acquisition.
• Parcel D (1.3 acres): This parcel abuts a portion of Fish Creek east of 1 -494 that is in county
ownership but has minimal buffer, but is not currently available for acquisition.
• Parcel E (1.5 acres): This parcel also abuts a portion of Fish Creek east of 1 -494 that is in county
ownership but has minimal buffer, but is not currently available for acquisition.
• Parcel F (3.0 acres): This parcel is located at the bluff edge above the north bank of Fish Creek west
of 1 -494 and could provide additional buffering for the creek, erosion control for the bluff, and trail
access to Henry Lane. The parcel contains archeological artifacts (see page 8). This parcel is part of
a larger property that also includes parcels G, H, I, and J.
• Parcel G (9.7 acres): This parcel is located at the bluff edge above the south bank of Fish Creek west
of 1 -494 and could provide additional buffering for the creek, protection of upland woods, erosion
control at the top of the bluff, and trail access to the upland and Mississippi River bluff areas south
of the creek. This parcel is part of a larger property that also includes parcels F, H, 1, and J.
15
Parcel H (7.0 acres): This parcel includes Mississippi River bluffs and scenic vistas and adjoins
county owned land. This parcel is part of a larger property that also includes parcels F, G, I and J.
Parcel 1(31.1 acres): This parcel has rolling upland grasslands and degraded oak savannah and could
provide the space for trails that support a variety of passive recreation. This parcel is part of a larger
property that also includes parcels F, G, H, and J.
Parcel J (18.0 acres): This parcel has wetland meadows, which are already protected from
development, and some upland grasslands along Henry Lane and Carver Avenue. This parcel is part
of a larger property that also includes parcels F, G, H and I.
These parcels were combined to create a "Preferred Acquisition Plan" and four alternatives. The
Preferred Acquisition Plan encompasses the priorities identified by public input and commission
discussions to create a 158 -acre publicly -owned natural area in south Maplewood, managed through a
city- county partnership. The Preferred Acquisition Plan would place the entirety of Fish Creek in public
ownership, protect large contiguous areas of natural habitat, provide a variety of passive recreational
opportunities for residents, and allow for connection to the surrounding network of trails and public
lands via local bike and pedestrian pathways. See Appendix E: Vision for Public Lands in Fish Creek
Natural Area Greenway.
Acknowledging that acquisition is dependent on many factors that may not be within the control of the
city, the commission also created four alternatives to help the city identify priorities for acquisition
should the Preferred Acquisition Plan not be feasible, or immediately achievable. The preferred plan
and alternatives are described below, with the specific parcels to be acquired for each outlined in the
table on page 17.
Preferred Acquisition Plan — Creek and Uplands Protection and Maximize Public Recreation:
■ Whole creek in public ownership
■ 600' protected corridor for nearly all Fish Creek (300' on each bank)
■ Fish Creek Hiking Trail from Point Douglas Road to Carver Lake through natural areas and along
sidewalks /bike trails
• Public access to scenic vistas along the Mississippi River bluffs
• Connectivity for existing trails and public lands
• Provide large nature park of 158 acres contiguous (requires acquisition of additional 70 acres), with
additional public lands along trail
• Protect woodlands, grasslands, wetlands
• Maximize trails and passive recreational opportunities
• Use of low impact development and conservation design principles on developed lands
• Some private parcels with conservation easement
• Residents, city, and county engaged in stewardship activities
Alternative 1— Creek and Mississippi River Bluffs Protection:
■ 600' protected corridor for nearly all of Fish Creek (300' on each bank)
■ Nearly all of Fish Creek in public ownership
■ Provide Fish Creek Hiking Trail from Point Douglas Road to Carver Lake through natural areas and
along sidewalks
■ Provide public access to scenic vistas along the Mississippi River bluffs
■ Work with developers to protect ecologically significant areas within developments
16
Alternative 2 — Creek Protection:
■ 600' protected corridor for nearly all of Fish Creek (300' on each bank)
■ Nearly all of creek in public ownership
■ Provide Fish Creek Hiking Trail from Point Douglas Road to Carver Lake through natural areas and
along sidewalks
■ Work with developers to protect ecologically significant areas within developments
Alternative 3 — Conservation Easements and Conservation Development:
• City acquires conservation easements protecting 600' creek corridor
• Negotiate with developer for a trail connection to Henry Lane (this segment is required to have a
through -trail from Point Douglas Road to Henry Lane)
• Work with developers to protect ecologically significant areas within developments (see page 12)
Alternative 4 — No Acquisitions (i.e. funds are not available to acquire either property or easements):
• City works with private landowners to identify possible voluntary projects to protect 600' creek
corridor and other ecologically significant areas
• Negotiate with developer for trail connecting to Henry Lane
• Work with developers to protect ecologically significant areas within developments (see page 8)
Parcels Recommended for Protection through Acquisition or Easement
The table below indicates which parcels would have to be acquired (A) or have easements (E) in order to
accomplish the Preferred Acquisition Plan or alternatives. The map in Appendix D shows location of
each parcel.
Parcel
A
13 1
C
D
E
F
G
H
I
J
Preferred Plan
A
A
A
A
A
A
A
A
A
A
Alt. 1
A
A
AJE
Af E
A
A
A
Alt.2
A
A
AJE
A/E
A
A
Alt.3
E
E
E
E
E
Alt. 4
A = acquire parcel E = purchase conservation easement
'Likely requires purchase of parcel A as well
Z Likely requires purchase of parcel J as well
Recommendation #8: The commission recommends the city pursue the Preferred Acquisition Plan
as this provides the highest protection for Fish Creek and adjoining upland areas, provides the
greatest connectivity of public lands and trails, and maximizes passive recreation opportunities.
17
Public access and recreational opportunities were a key consideration in the commission's development
of the protection priorities and options outlined in Sections 11 and 111. Fish Creek provides Maplewood
residents, as well as residents of adjoining communities, with the opportunity to recreate in a unique
natural environment. However, there is a downside to increased recreation in the area. Even with
careful management, as the number of people using the area increases, so to does the potential for
damage to the very resources that draw people to Fish Creek. This is particularly important given future
development in the area will increase use of parks and open space sites in the greenway.
The vast majority of respondents to the questionnaire and participants at the public meeting supported
only minimal development of the Fish Creek area, urging that it be "left alone" and that any
management activities focus on restoring or enhancing ecological quality of land. In particular, they
urged that trails be either narrow (1' -2' wide) un- maintained footpaths, or narrow, soft- surfaced, graded
rustic trails (4' wide). Some respondents also indicated that some amenities, such as benches, parking,
and interpretive signage, would improve their experience of the Fish Creek area.
Existing recreation in the greenway includes:
• Pleasantview Park —14.4 -acre neighborhood park owned by Maplewood, full park amenities,
including ball fields, tennis court, playground, trail and some natural vegetation;
• Carver Neighborhood Preserve — 22.3 -acre open space site owned by Maplewood, with non -
maintained foot trails;
• Fish Creek Open Space — 142 -acres of open space owned by Ramsey County, with non - maintained
foot trails;
• Carver Lake Beach —150 -acre natural resource -based park owned by the City of Woodbury, full park
amenities including swimming beach, playground, picnic facilities, and trails;
■ In addition, there are numerous existing or planned bike trails in the greenway.
Current Recreation Opportunities
Currently, a non - maintained footpath on Ramsey County open space land provides access for passive
recreation along Fish Creek, starting at Point Douglas Road and stopping just west of Henry Lane.
Residents report using this area primarily for walking /hiking, bird- watching, cross - country skiing,
snowshoeing, and other passive activities. While some respondents indicated they use the area for
mountain biking, such activities are not sustainable on the steep slopes within the county land. The
commission felt strongly that anything beyond a narrow trail or footpath in the Fish Creek gorge would
damage the resources and the experience provided by the area. However, the existing trail could be
improved to address existing erosion problems and provide either an "out- and - back" or loop trail within
the county property.
Potential Recreation Opportunities
Appendix E shows the parks, trails and open space possibilities for the greenway. If additional lands are
acquired, trail connections could significantly increase the recreational opportunities for residents and
help to spread out use to minimize impacts. While specific recreation plans would be developed as part
of a larger master planning process that involves the public and land management partners, acquisition
of the "Preferred Acquisition Plan" lands could allow for:
■ A large natural area consisting of 158 acres contiguous (88 acres of existing county land and 70 acres
of newly acquired land). 128 acres of the park would be in Maplewood and 30 acres would be in St.
18
Paul. The acquired land would provide opportunities for access and recreation that do not currently
exist due to the terrain and location of the existing county land.
■ Public access to the Mississippi River bluff and grand vistas.
Opportunities for trails and connections:
• Walking trail from Point Douglas Road to Carver Lake Beach (along roads these would coincide
with bike trail or sidewalk). This trail requires acquisition or easement of a 3.4 acre parcel north
of Fish Creek and west of Henry Lane.
• Extending the existing Fish Creek footpath to Henry Lane, providing a second access point for
the public. Routing of this trail extension should be sensitive to the archeological site.
• Commission members had discussions with representatives from Oakwood Church on Point
Douglas Road about the possibility of the church becoming a trail head for the Fish Creek Hiking
Trail. The church was very receptive to this. If an agreement could be worked out, this would
be an ideal trailhead and would provide parking.
• Trails in the upland areas south of the creek and west of 1 -494 could provide for biking,
wheelchair access, and a variety of other uses such as snowshoeing and cross- country skiing
(ungroomed).
• Connecting the local trails of the Fish Creek greenway (via Carver, Sterling, and Century
Avenues) to the larger network of bike trails in the area, such as those on Bailey Road and the
Mississippi River Trail along Point Douglas Road.
While some of these recreational opportunities would exist under the other options outlined in Section
111, only the Preferred Acquisition Plan would provide the opportunity for bike and wheelchair accessible
trails and the space to reduce impacts to the resource.
Recommendation #9: The commission recommends that there be a narrow (4' -wide or less), soft -
surface trail along Fish Creek that is restricted to walking or hiking, in order to preserve the natural
experience of visitors. Other types of trails, such as bike paths, could be considered elsewhere in
the Fish Creek greenway, where ecologically sustainable.
Recommendation #10: The commission recommends that trails throughout the Fish Creek
greenway be considered local trails, with neighborhood bike trails connecting the greenway to the
larger nearby trail systems.
Recommendation #11: The commission recommends that, if land is acquired in the greenway, the
city and county work together to develop a master park and trail plan.
19
Strong partnerships are crucial for successful protection of natural resources and enhanced hiking
opportunities in the Fish Creek Natural Area Greenway. One legislator indicated to commissioners that
a cohesive vision for the greenway that is supported by city officials, residents, adjacent communities,
and other partners is critical if the city wants to seek legislative support for acquisition and protection.
Some of the key partners for the city on this project are listed below.
• Ramsey County
• Washington County
• Ramsey- Washington Metro Watershed District
• City of Woodbury
• City of Newport
• City of St. Paul
• St. Paul District 1 Council
• Friends of St. Paul and Ramsey County Parks and Trails
• National Park Service
• Trails and Open Space Partnership (TOSP)
• Friends of the Mississippi River
• Minnesota Land Trust
• Trust for Public Land
• Minnesota Department of Natural Resources
• Environmental and Sports Groups
Recommendation #12: The commission recommends that the city continue developing strong
partnerships for preservation of the Fish Creek Natural Area Greenway.
20
General Approach
To carry out the vision for Fish Creek Natural Area Greenway, funding will be needed for:
• Acquisition
• Trail development and maintenance
• Restoration and management
• Education and support programs for stewardship on private land.
To successfully garner funding we need to:
• Have a diverse funding strategy including: legislative funding, grants, donations, partnerships, and
city funds.
• Provide seed money for land acquisition to demonstrate to grantors and legislature the importance
of this project to the city.
• Seek funding support from partners.
• Explore the possibility of land exchange.
Grants
The city is eligible to apply for various grants. In addition to state and federal grant programs there are
many foundations and non- profit organizations that offer grants. Two of the key state funding programs
for natural resources grants are explained below.
1. Environmental and Natural Resources Trust Fund. The Trust Fund was established in 1989 and is
funded by 40% of proceeds from the state lottery, until 2025. The fund is set up as an endowment
and after 2025, 5.5% will be available annually. The Legislative- Citizen Commission on Minnesota
Resources (LCCMR) administers this grant program. Proposals are accepted once each year. This
grant is for "public purpose of protection, conservation, preservation, enhancement of the state's
air, water, land, fish, wildlife and other natural resources." Maplewood is eligible to apply for this
grant and could use it for land acquisition, restoration, and management.
2. Clean Water, Land, and Legacy Amendment. In 2008, Minnesota voters passed the Clean Water,
Land, and Legacy Amendment. The amendment increases sales tax 3/8 of one percent to generate
funds to be used as described below.
■ 33°% to Sams - Lessard Outdoor Heritage Fund to "restore, protect, and enhance wetlands,
prairies, forests, and habitat for game, fish, and wildlife." Some of these funds are routed to
other grant programs such as the Minnesota DNR's Lessard -Sams Conservation Partners Legacy
Grants. Currently, funds for acquisition of public land will only be granted for lands that are
open to public hunting and fishing, which makes most of the Twin Cities ineligible. Legislators
are working with agencies and citizens to re- evaluate these criteria, so the metropolitan area
can also access these funds. The grant is, however, appropriate for restoration and
enhancement of natural habitat in Maplewood.
33° %to Clean Water Fund to "protect, enhance, and restore water quality in lakes, rivers,
streams, and groundwater, with at least 5% of the fund spent to protect drinking water
sources." These funds are distributed through grant programs run by several different agencies.
Some of these programs do not take applications from cities, but they do from watershed
districts and other agencies so Maplewood could potentially have access to this funding through
partnerships.
21
■ 14.25% to a Parks and Trails Fund to "support parks and trails of regional or statewide
significance." Maplewood does not own or manage any regional parks or trails. However, this
trail funding can be used to connect local trails and parks to regional trails, so this grant may
have some applicability.
■ 19.75% to Arts and Cultural Heritage Fund for "arts, arts education, and arts access, and to
preserve Minnesota's history and cultural heritage."
Recommendation #13: The commission recommends that the city apply for grants for Fish Creek
Natural Area Greenway for land acquisition, trails, restoration, and management.
City Funds and Fees
Protection of the Fish Creek Natural Area Greenway will require funding from the city. The General
Fund, Capital Improvement Program (CIP), Park Access Charge (PAC), and Environmental Utility Fee
(EUF) are the primary city funds that could be considered. The table below lists which funds may be
most feasible for various activities.
Project
General Fund
CIP
PAC
EUF
Funds to match acquisition grants
X
X
General maintenance and
management
X
X
(if water related)
Large restoration and
management projects
X
X
(if water related)
Install trails and amenities
X
X
Education and stewardship
programs on private lands
X
X
X
(if water related)
Recommendation #14: The commission recommends that the city acknowledges that city funds
should be part of the funding equation for protection of Fish Creek Natural Area Greenway.
Referendum
If the city wishes to acquire a large amount of land, such as the Lakeland Construction and Finance site,
it will need significant funds to match potential grants. A bonding referendum is one option for raising
significant funds. Jenna Fletcher from Trust for Public Land addressed the commission and indicated
that even with the economic downturn, open space referendums continue to be passed by
communities. Maplewood's 1993 $5 million bonding referendum runs from 1994 -2014.
The commission thinks a referendum is essential if the city wants to acquire the Lakeland Construction
and Finance site. To broaden the support for a referendum, it should be coupled with other park, open
space, and/or greenway projects in the city, including funds for restoration and management of those
areas. If the city pursues a referendum, the commission recommends the city seek assistance and
expertise from Trust for Public Land (TPL). TPL has worked on open space referendums and public land
acquisition nationwide.
22
TPL can provide the following support to communities: 1) assist in conducting a public opinion survey to
test support for bonding at different levels of funding, 2) develop referendum ballot language, and 3)
develop strategies for garnering community support for bonding.
Recommendation #15: The commission recommends that the city hold a bonding referendum to
raise funds for open space acquisition and management, that includes but is not limited to the Fish
Creek Natural Area Greenway, and that the city seek the services of Trust for Public Land to assist
with developing the referendum.
Funding from Partners
The vision for the Fish Creek Natural Area Greenway is being driven by the City of Maplewood and its
residents. Our partners are supportive of the project, but we anticipate the city will need to be the
driving force on this project. Partners will provide funding for greenway projects via:
• Existing grant programs (Ex: RWMWD BMP Cost -share program).
• CIP and operating funds (Ex: county manages Fish Creek Open Space).
• Applying for grants that the city cannot apply for directly (Ex: National Park Service funding).
Donations
Donations of land do occur in some communities, but cannot be counted on to happen. More typically,
a donation may be a portion of a negotiated land sale. There are tax benefits to sellers that donate a
portion of their land. The Trust for Public Land helps facilitate acquisition of land for public use and can
help sellers understand the tax ramifications and breaks associated with land donation.
Recommendation #16: The commission recommends that the city encourage individuals interested
in selling or donating land to the city to work with the City and with Trust for Public Land.
Land Exchange
One option for land acquisition may be land exchange. A land exchange would require the city having a
parcel of land it was willing to give up and an owner /developer willing to trade their land in the Fish
Creek area for that parcel. The commission did not study existing opportunities for this type of
exchange but encourages the city to be open to this concept. Maplewood's 2030 Comprehensive Plan
has a no -net loss policy for land classified as Neighborhood Preserve, but no restrictions on sale or
exchange of other city property.
Legislature and Congress
In 2009, Maplewood worked with legislators on bills appropriating funds for land acquisition in the Fish
Creek area. Representatives Nora Slawik and Leon Lillie authored the House bills and Senator Chuck
Wiger authored the Senate bills. The bills had a first reading and were referred to Environment and
Natural Resources Finance Division (House) or Environment, Energy, and Natural Resources Budget
Division (Senate).
• House File No. 2055 J Senate File No. 1821 appropriated $2,400,000 in fiscal year 2010 from the
parks and trails fund for acquisition of land along Fish Creek.
• House File No. 2054 J Senate File No. 1822 appropriated $2,400,000 in fiscal year 2010 from the
outdoor heritage fund for acquisition of land along Fish Creek.
Senator Wiger attended the commission's public meeting in October 2009 and indicated to
commissioners that he and other legislators would work towards legislative funding for land acquisition
23
in the Fish Creek area if we develop a strong vision for the area that has support from residents, city
council, surrounding communities, and other partners.
As part of the MNRAA corridor, the Lakeland Construction & Finance LLC parcels could be eligible for
federal congressional funding. If legislators were to seek funding for protection of land in MNRAA
corridor, these parcels might be included.
Recommendation #17: The commission recommends that the city seek funding support from
Minnesota Legislature for protection of Fish Creek Natural Area Greenway.
Recommendation #18: The commission recommends that the city continue its partnership with
National Park Service and with the Trails and Open Space Partnership to further explore the
possibility of funding by congress.
24
Protection Recommendations
Recommendation #1: The commission recommends that the city support a diverse protection strategy
for the greenway that includes acquisition, conservation development, conservation easement,
stewardship, and ordinance.
Recommendation #2: The commission recommends that the city acquire additional land in the Fish
Creek Natural Area Greenway. Priorities for acquisition are presented in Section Ill.
Recommendation #:. The commission recommends that the city not reauthorize the development
agreement that the city had with CoPar Development LLC. If the land is to be developed, the
commission recommends the city work closely with a developer to use a conservation subdivision
approach which protects the most sensitive natural features of the site.
Recommendation #4: The commission recommends that the use of low- impact development and
conservation design principles be explored for all parcels that are developed in the greenway. The
commission further recommends that the city take a proactive approach in encouraging the use of
conservation development principals including:
• Assemble a packet of information on these concepts and make this available to Maplewood sellers
and developers.
• Explore the use of a pre - approval process for working with developers on lands in the greenways to
discuss concepts before design phase commences.
• Ensure that Maplewood's land use plan, zoning, and ordinances encourage the use of conservation
subdivision.
Recommendation #5: The commission recommends that the city encourage the use of conservation
easements by private landowners and in conjunction with conservation subdivisions that set aside open
space. The commission further recommends that this be achieved through:
• Assembling information on conservation easements and making it available to landowners and
developers in the greenway.
• Facilitating a meeting between Minnesota Land Trust and interested landowners.
• Helping developers make the connections necessary to successfully enter into conservation
easements on land that will be owned by an association or other group.
Recommendation #6: The commission recommends that the city take a proactive approach to
managing natural resources on public lands in the greenway including:
• Develop a restoration and management plan for Carver Neighborhood Preserve.
• Develop a restoration and management plan for the natural areas at Pleasantview Park.
• Seek opportunities to partner with and support the county in management efforts on county open
space.
Recommendation #7: The commission recommends that the city take a proactive approach to
encouraging and supporting private landowners in the greenway to manage natural resources on their
land including:
■ Continue to present education programs on ecology and stewardship.
25
• Continue to promote watershed district cost -share programs for implementing best management
practices.
• Enhance stewardship information on the city website.
• Explore the feasibility of and develop programs to support residents in enhancing habitat on private
lands throughout Maplewood including:
• Provide education and technical support;
• Provide technical advice and coordination to help residents combine smaller projects into larger
projects to gain efficiencies (ex: neighborhood -wide buckthorn removal);
• Provide cost -share for habitat enhancement;
• Help residents make connections with neighbors interested in working together;
• Facilitate award and recognition programs such as non - binding registries.
Acquisition Recommendations
Recommendation #8: The commission recommends the city pursue the Preferred Acquisition Plan, as
this provides the highest protection for Fish Creek and adjoining upland areas, provides the greatest
connectivity of public lands and trails, and maximizes passive recreation opportunities.
Recreation Recommendations
Recommendation #9: The commission recommends that there be a narrow (4' -wide or less), soft -
surface trail along Fish Creek that is restricted to walking or hiking, in order to preserve the natural
experience of visitors. Other types of trails, such as bike paths, could be considered elsewhere in the
Fish Creek greenway, where ecologically sustainable.
Recommendation #10: The commission recommends that trails throughout the Fish Creek greenway be
considered local trails, with neighborhood bike trails connecting the greenway to the larger adjacent
trail systems.
Recommendation #11: The commission recommends that, if land is acquired in the greenway, the city
and county work together to develop a master park and trail plan.
Partner and Funding Recommendations
Recommendation #12: The commission recommends that the city continue developing strong
partnerships for preservation of the Fish Creek Natural Area Greenway.
Recommendation #13: The commission recommends that the city apply for grants for Fish Creek
Natural Area Greenway for land acquisition, trails, restoration, and management.
Recommendation #14: The commission recommends that the city acknowledge that city funds should
be part of the funding equation for protection of Fish Creek Natural Area.
Recommendation #15: The commission recommends that the city hold a bonding referendum to raise
funds for open space acquisition and management, that includes but is not limited to the Fish Creek
26
Natural Area Greenway, and that the city seek the services of Trust for Public Land to assist with
developing the referendum.
Recommendation #16: The commission recommends that the city encourage individuals interested in
selling or donating land to the city to work with the City and with Trust for Public Land.
Recommendation #17: The commission recommends that the city seek funding support from
Minnesota Legislature for protection of Fish Creek Natural Area Greenway.
Recommendation #18: The commission recommends that the city continue its partnership with
National Park Service and with the Trails and Open Space Partnership to further explore the possibility of
funding by congress.
27
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28
Appendix A: Map of Fish Creek Natural Area Greenway (with Battle Creek Natural Area Greenway)
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30
The Map of Naive Plant Communities (previous page) shows the native forests in the Fish Creek
greenway. Grasslands, wetlands, and highly alternated natural areas are not indicated. In addition, data
for the ski jump site was not available for this map but that site is predominantly oak forest.
Code Type of native woodland
32110
Oak forest
32112
Oak forest mesic subtype
32150
Maple- basswood forest
32220
Lowland hardwood forest
42110
Aspen woodland
42120
Oak wood land-brushland
32
Appendix C: Resident Questionnaire Results
This is a tally of resident questionnaires received October 1 through December 31, 2009. 45
questionnaires were received prior to November 30, 2009, most of which were in response to a
mailing sent to 220 residences in south Maplewood. An additional 15 questionnaires were
received in December, after an article in the December 2009 City News. This is not a scientific
survey and there were no controls to prevent a person from responding more than one time.
TOTAL respondents: 60 (35 on -line, 25 hard -copy)
1. Are you a Maplewood resident?
54 yes
5 no
2. How far do you live from Fish Creek or from the Ramsey County Fish Creek open space?
17 property is adjacent
20 less than % mile
12 % mile — 2 miles
10 more than 2 miles
3. How often do you visit Fish Creek or the Ramsey County Fish Creek open space?
15 daily or weekly
17 a few times per month
7 a few times per year
5 rarely
11 never
3 not sure where it is
4. If you use the Ramsey County Fish Creek open space, what activities do you do there? Check all that
apply.
45
walking /hiking
25
bird watching
7
cross- country skiing
6
snowshoeing
6
mountain biking
3
other, please describe
animal watching)
11
1 don't use the area
(respondents indicted berry picking, point ball, photography,
5. Do you think the city should purchase additional land in the Fish Creek greenway?
45 yes 7 no 6 not sure
6. Do you have any concerns about having more land in this area in public ownership?
16 yes 39 no 3 not sure
If yes, please explain: see lost page
7. If funding is available for the city to purchase land in this area, what type of lands should have
priority for acquisition? Please select your three top priorities from the list below. Number them
with 1= highest priority, 2= second in priority, 3 =third in priority.
32 Purchase sections of creek that are in private ownership (with goal of having whole creek in
public ownership, currently all but one section of the creek is on public land)
33
32 Purchase land adjacent to creek to expand the creek buffer beyond the current 100' no-
disturb area
12 Purchase land with highest ecological quality
17 Purchase Mississippi River bluff land (there is one section of bluff land in private ownership)
25 Purchase land with potential for public access for passive recreation (ex: hiking)
15 Purchase land adjacent to existing public lands or that connects existing public lands
18 Purchase land with scenic views or scenic value
4 Don't purchase any
8. How would you like to see existing public land in this area used? Check all that apply.
22 Leave it as it is, no further amenities, no change in management activities
_ Provide trails:
24 Footpaths —1' -2' wide, not graded, not maintained
12 Narrow rustic trail — 4' wide, graded, maintained, soft surface trail (mowed, soil,
woodchipped)
5 Asphalt hiking /biking trail — 8' -10' wide
11 Provide benches
8 Provide parking
13 Provide interpretive /educational signage
26 Restore and/or manage public lands to enhance ecological quality
Other, please explain:
9. Do you own land that has some wildlife habitat (i.e. land that is not manicured lawn or gardens)?
39 yes
21 no
10. If the city were to provide programs and support, how likely would you be to participate in the
following activities?
Very likely Likely Not likely
14 27 15 a Attend an educational ro ram on enhancin habitat
34
p g g
11
20
23
b.
Attend a program on conservation easements
1
14
36
c.
Attend a program on conservation subdivision (for those
considering developing their land)
13
24
18
d.
Enhance habitat on your land
6
26
17
e.
Take advantage of technical support provided by city or other
entity
6
20
24
f.
Take advantage of a cost -share program
11
26
17
g.
Partner with other neighbors interested in enhancing habitat on
their land
5
15
29
h.
Participate in a land registry program (non- binding agreement
to care for land)
19
22
13
i.
Plant native plants in your yard or gardens
28
20
3
j.
Remove buckthorn or other invasive species in your yard
2
7
38
k.
Allow a publicly accessible foot trail on your property —if part of
larger trail system
34
Written comments received on the questionnaire
#6 Do you have any concerns about having more land in this area in pubic ownership?
• Yes. More exposure to public exposes our homes to theft.
• Yes. Main concern is that we take care of the land.
• Yes. More traffic, busier.
• Yes. We like our property the way it is— without more people.
• Yes. It must stay out of the political rip rap.
• Yes. Who would come up with the dollars, the property taxes used to pay the county —or would the
tax dollars that were lost be divided among the remaining private property owners?
• Yes. Maplewood should buy Schlomka property!
• Yes. No developments, no parks.
• Yes. Taxes to pay for it. Taxes lost because of it.
• No. I would like to see the Fish Creek area preserved as an undeveloped park.
• Yes. We need more green spaces in Maplewood. Maplewood is almost 100% urban and due to that
we travel to other cities to hike. Fish Creek would also be an ideal area for a new elementary or high
school, while still preserving the bluffs around it.
• Yes. Please let us develop it the right way for our future generations.
• Yes. More land for which you cannot adequately care. Concentrate on what you already own. I see
buckthorn and other invasive species running wild on property you already own. Concentrate on
that. Use public property to limit usage on private property.
• Yes. The city should concentrate on lowering property taxes. Removing land from the tax rolls will
not help.
• What real benefit does this area have to Maplewood as a whole?
• If the city buys more land, where will the money come from to properly maintain it?
Other General Comments
• The Fish Creek property is abused by operators of ATV's, dirt bikes and snowmobiles. Citizen
vigilance along with the cooperation of the city has helped to some degree but the problem still
exists. How about some signs and enforcement?
• We want it to stay as is. No need to make a park. There is a nice park 'lz mile away — Pleasant View.
• Find ways to fund more land to acquire. Conservation easements for private and public lands. Keep
land development in the area to a minimum.
• We've really appreciated the city picking up buckthorn on our street, but we also know that pick ups
can be expensive, so we've also appreciated being able to bring the buckthorn to the fire station on
Londin Lane.
• We attended the meeting at Maplewood City Hall on October 1 and we were very impressed with
the Commission's caring concern about maintaining the beauty of Fish Creek and also maintaining
that beauty for future generations. So, hats off to you all! i!
• Protect, protect, protect —Too many things fall apart as time marches on —plan and protect for the
long term.
• Libby property would be a good choice [for acquisition].
• Regarding wildlife in the area —Last week we had turkeys and hawks on our deck railing; possum,
raccoon, deer, ground hogs, and I think a weasel all within 50 feet of the house. Don't encourage
any more wildlife. Breeding seems to take care of it.
• Should acquire additional land, providing it doesn't increase taxes.
• Leave it the way it is.
35
• Funding is NOT available. We're short now! We can't afford what we're doing now. In my family
budget, if you can't afford it you can't do it. 1 wish government could understand thatH
• So little open space in metro area and this is one of the few areas locally we can enjoy nature that's
undisturbed, not developed, not ruined! It's like being in the country while in the city. It's gorgeous
the way it is.
• As far as wildlife habitat on our land, we just own a small tree line, so not much of it could be used
for anything. We do live half a block from Fish Creek Canyon and our children used it all the time
when they were growing up here. We loved it! I still use it for an occasional walk, but the access
has much overgrown brush and weeds, so it is hard to get down there from Dorland Road.
• The Schlumpka property now owned (I believe) by the CoPar company should be purchased by the
city in its entirety. Once developed its potential is gone forever. The land would be a jewel of the
Maplewood park system and its citizens.
• Fish Creek is a valuable resource to allow future generations to appreciate nature in a more natural
state than most parks. I would like to see it remain in a primitive status. It would be good to see
some of the invasive vegetation removed, as in buckthorn.
• We need to make hiking and biking safer by providing sidewalks and trails to get off the streets. We
need to connect to trails /parks as neighboring cities do. We need to connect to our neighboring
city's park so we can safely get to their trails since ours suck.
• We need a sidewalk that runs along with Highwood. My kids have to walk down that dangerous
road to their bus stop daily and if there were a sidewalk, more residents would get out and more
involved with their surroundings.
• For land adjacent to Fish Creek area, support single - family dwellings on 2 -acre plots only and not
multiple - family dwellings (e.g. highrises, condos, etc.).
• Do not over step your bounds. Be prepared to properly remunerate adjacent property owners if
your policies limit their ability to utilize their property as they see fit.
• Let's concentrate on lowering property taxes.
• Keep new housing at low density, especially on the CoPar development property (1 house/2 acres).
I'm concerned with rain runoff and additional traffic in the area, in addition to the rural feel of the
neighborhoods south of Carver Avenue. These 3 points would definitely have an effect on the Fish
Creek Area.
• Please take advantage of the opportunities that are available in the form of grants (from federal
government and other agencies) etc. Money that can support protecting the natural resources in
this area. Please research and above all apply.
• [Type of trails] depend on where. If on top of the bluff of CoPar land, where the road goes, then an
asphalt trail for a little ways on top for the view. Then when it heads toward Fish Creek and above
the creek, a foot -path is appropriate. Where the bluff connects with the Ramsey County open space
south (40 acres) a "narrow rustic trail" is good.
• The tracts in our area are a wildlife habitat with most neighbors having a 3 -4 acre tract and no plans
to develop it. We have lots of deer, 30 plus wild turkey and a variety of small animals. They are
enjoyed by the people who walk the trail along the back of our land. So I can understand the
concerns residents there might have.
36
11 0 0 At
O..
I
1
6
Agenda Item E.1.
MEMORANDUM
TO: James Antonen, City Manager
FROM: DuWayne Konewko, Community Development and Park Director
Bill Priefer, Public Works Operations Analyst /Recycling Coordinator
Shann Finwall, AICP, Environmental Planner
SUBJECT: Discussion of the Recycling Contract Request for Proposal
DATE: January 27, 2010 for the February 1 City Council Workshop
INTRODUCTION
The five -year recycling contract with Eureka Recycling will end on December 31, 2010 (Attachment 1). In
October 2009, due to the effects of the economy on the recycling market, staff recommended that the City
Council amend and extend Eureka's recycling contract. The amendment included a change to the
collection fee charged by Eureka to Maplewood for curbside collection of residential recycled materials
from $116.73 per ton to $2.10 per household. The recommended extension was for an additional two
years, with hopes of recouping losses with favorable pricing in a down market where new recycling contract
bids were thought to be much higher on both the processing and collection sides of the program.
The City Council ultimately approved the amendment to the contract (Attachment 2), but not the extension.
The extension was denied to ensure an open process for a new recycling contract to be awarded in 2011.
This discussion item is being brought before the City Council as an update on the recycling contract
request for proposal (RFP) process and to obtain feedback on general requirements desired in a new
contract.
DISCUSSION
Process
The city will be assisted by Mary Chamberlain of R. W. Beck on procurement options and recycling
technical assistance services as part of R. W. Beck's technical assistance contract with Ramsey County.
R. W. Beck assisted the city in its previous recycling contract RFP process in 2004 (Attachment 3). The
tentative schedule for review and completion of the RFP is as follows:
• February and March 2010 — 1) Draft RFP language with review and recommendations by the
Environmental and Natural Resources (ENR) Commission. 2) Hold informational meeting with
potential recycling contractors.
• April 2010 — Finalize RFP language with the City Council.
• May 2010 — Release of the RFP
• June 1, 2010 — RFP due date
• June 21, 2010 — Review and recommendation of RFP proposals by ENR Commission.
• June 28, 2010 — Approval of recycling contract by City Council.
• January 1, 2011 — New recycling contract begins.
Packet Page Number 7 of 67
General Contract Requirements
The RFP should outline the general contract requirements being requested by the city such as the duration
of the contract, payment terms, collection days, and single versus dual stream collection preference. By far
the single versus dual stream collection preference will be the largest debate in this year's RFP process.
Eureka Recycling collects and processes recycled material using the dual stream method. Over the five -
year recycling contract period with Eureka, the city and Eureka have worked to educate our citizens on the
dual stream recycling collection method.
Single stream recycling involves the collection of all residential recyclables including cans, glass, plastic,
and paper combined and collected together. Dual stream recycling collection involves separating and
processing cans, glass, and plastic from paper. Single stream offers the ease of recycling, while studies
reflect that dual stream reduces the amount of residual rates of recycled material. The term "residual" is
defined as the recycled material that is collected, but damaged or contaminated during collection or
processing to the point that it is no longer marketable. For review attached is a document that highlights
the benefits and challenges of single versus dual stream recycling collection (Attachment 4).
SUMMARY
Staff will review the recycling contract issues with the City Council during the February 1, 2010, workshop,
in hopes of obtaining feedback and direction on this process.
Attachments:
1) Recycling Contract Between the City of Maplewood and Eureka Recycling
2) Recycling Contract Amendment
3) City of Maplewood 2004 Recycling Contract Request for Proposal
4) Benefits and Challenges of Single Versus Dual Stream Recycling Collection
2
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NGV I5
Attachment 1
CONTRACT AGREEMENT BETWEEN
CITY OF MAPLEWOOD AND EUREKA RECYCLING
FOR RECYCLING SERVICES
Table of Contents
1. Definitions ...................................................................................... ..............................4
2. Term of contract ............................................................................ ............................... 7
3. Annual Work Plan .......................................................................... ..............................7
4. Annual performance review meeting to discuss recommendations for continuous
improvement.................................................................................. ..............................7
5. "Dual Stream, Plus" collection / processing system ...................... ..............................8
6. Payment Terms .............................................................................. ..............................8
7. RFP and Contractor's Proposal ...................................................... ..............................9
GENERAL REQUIREMENTS FOR ALL COLLECTIONS .................... ..............................9
8 .
Missed collections .......................................................................... ..............................9
9 .
Severe weather ............................................................................. .............................10
10.
Collection hours and days ............................................................. .............................
11.
Customer Complaints .................................................................... .............................10
12.
City retains right to specify resident preparation instructions ........ .............................10
13.
City shall approve Contractor's public education literature ............ .............................10
14 .
Weighing of loads .......................................................................... .............................11
15.
Monthly and annual reports ........................................................... .............................11
16.
Ownership of recyclables .............................................................. .............................
17 .
Scavenging prohibited ................................................................... .............................11
18.
Cleanup of spillage or blowing litter ............................................... .............................12
19.
Recyclable materials required to be transported to markets; Disposal prohibited ......12
20.
Designated primary glass market ..............................
21.
Processing facilities must be specified .......................................... .............................12
22.
Estimating materials composition as collected .............................. .............................12
23.
Estimating process residuals ......................................................... .............................13
24.
Lack of adequate market demand ................................................. .............................13
25 .
Vehicle requirments ....................................................................... .............................13
1
26.
Personnel Requirements ........................................ ....................................... ... —.14
30 .
27.
Licenses and Permits ......................................................................................... .......
14
28.
Performance monitoring ................................ ............................................................
14
Curbside collection schedule deadline .......................................................................
15
33.
CURBSIDE COLLECTION REQUIREMENTS ..................................................................
15
30 .
Weekly Collection ........................................ .......... ....... —....................................
15
31 .
Point of collection ................................ ..................... ...............................................
15
32.
Curbside collection schedule deadline .......................................................................
15
33.
Procedure for handling non-targeted materials ................................ .........................
15
34.
New Materials tobe Added |n2OOG ....................... ....................................................
16
MULTI FAMILY COLLECTION REQUIREMENTS ............................................................
16
35.
MFD building owners may elect to subscribe to recycling service under the City's
18
45.
contract------.....,...........~.. ....................... ....... ................................
16
36.
Multi-family collection stations ....................... ............................... ............................
1G
37.
Multi-family container ........... ...... .............. .—. ........................................
16
38.
Multi-family service s1and@Fds-- .... — ...... —.-----.........................................
17
39.
Multi-family recycling container requirements ............................................................
17
40.
Responsibility for providing and maintaining multi-family recycling containers ...........
17
41.
Public education information for tenants with multi-family recycling service ...............
17
42.
Other public education tools to residents with multi-family recycling service ..............
17
43.
Annual report hoMFD building VVVDers-- .................................................................
17
INSURANCE AND OTHER LEGAL REQUIREMENTS ....................................................
18
44 .
Insurance ................................................ ..................................................................
18
45.
Transfer of interest ................................... .................................................................
19
46.
Non-Assignability and Bankruptcy ....... ............................................................... ......
1G
47.
Dispute resolution and arbitration procedures ............................................................
19
48.
Pedo[Ol@DCe bond ............. ----............................................................................
19
49.
General compliance ........ ........ ...... ..........................................................................
2O
50.
| ndependent contractor ........... ............... ..................................................................
20
51 '
Hold harmless ...... ......................... ---------- ................................... .......... .................
2O
52'
Accounting standards .............. ..................................................................................
20
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54. Data practices ............................................................................... .............................21
55. Inspection of records ..................................................................... .............................21
56. Applicable law ............................................................................... .............................21
57. Contract termination ...................................................................... .............................21
58. Employee working conditions and Contractor's safety procedures ............................21
59. Contract amendments ................................................................... .............................22
3
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day L.rl
This Agreement is made this 10 day of ob 1OLD Z-2005, between the City of
Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the "City") and The
Neighborhood Recycling Corporation, Inc. (DIB/A "Eureka Recycling"), a Minnesota non-profit
corporation, with its current local place of business at 2828 Kennedy Street NE, Minneapolis,
Minnesota 55413 (the "Contractor").
WITNESSETH:
WHEREAS, the City supports a comprehensive residential recycling program and
desires that high-quality recycling services be available to all its residents; and
WHEREAS, the City supports curbside recycling as part of an overall landfill
abatement program; and
WHEREAS, the City supports multi-family recycling services as another part of an
overall landfill abatement program; and
WHEREAS, Ramsey County has funding available for such residential recycling
services; and
WHEREAS, the Contractor has submitted a proposal for comprehensive recycling
services to the City;
NOW, THEREFORE, the City and Contractor mutually agree as follows, in
consideration of the mutual promises and covenants contained herein:
1.1 "Aluminum cans"
Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice,
water or other beverages.
1.2 "City's annual recycling public education flyer"
The City publishes an annual public education flyer that contains the following recycling
information for City residents:
• Annual calendar and map of curbside recycling districts for "single family
dwellings"
• List of materials to be included for recycling
• List of materials excluded that cannot be recycled in the City's program
• General information about curbside recycling and multi-family recycling
instructions
• How to prepare materials.
1.3 "City's designated contact person"
The City has designated the City's Environmental Management Specialist, DuWayne
Konewko, as the City's current contact for management and administration of this
Agreement.
4
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1.4 "City-designated recyclables" or "Recyclable materials" or "Recyclables"
The following recyclable materials: aluminum cans; steel cans; glass jars and bottles; paper
recyclables; plastic bottles; textiles; and corrugated cardboard as defined and further
described in the "City's annual recycling public education flyer". This list of recyclable
materials can be amended through negotiation between the City and its Contractor at any
time within the duration of the contract term. Such negotiations must be reduced to a written
amendment to this Agreement and duly executed before it shall go into effect.
1.5 "Collection"
The aggregation and transportation of recyclable materials from the place at which it is
generated and includes all activities up to the time when it is delivered to a recycling facility.
1.6 "Contractor"
The City's recycling service Contractor under the new contract beginning operation on
January 1, 2006.
1.7 "Corrugated cardboard"
Cardboard material with double wall construction and corrugated separation between walls
but not plastic, wax or other coated cardboard.
1.8 "Curbside recycling bins"
Uniform curbside recycling bins (e.g., red, plastic recycling "tubs") supplied by the City in
which recyclables can be stored and later placed for curbside collection, as specified by the
City. The recycling containers remain the property of the City.
1.9 "Curbside recycling service"
The recycling collection service, together with related public education and other customer
services, specified within this RFP utilizing curbside recycling bins. Multi-family dwellings
may receive curbside recycling service as selected by the City and the Contractor.
1.10 "Glass jars and bottles"
Glass jars, bottles, and containers (lids/caps and pumps removed) that are primarily used for
packing and bottling of food and beverages.
1.11 "Market demand"
The economic and technical capacity of markets to use recyclable material to make new
products.
1.12 "Markets"
Any person or company that buys (or charges) for recycling of specified materials and may
include, but are not limited to: end-markets, intermediate processors, brokers and other
recycling material reclaimers.
1.13 "Multiple family dwellings (MFD)"
A building or a portion thereof containing two or more dwelling units.
M
Packet Page Number 13 of 67
1.14 "MFD recycling containers"
Recycling containers used for multiple family dwellings (MFD) including any bin, cart,
dumpster or other receptacle for temporary storage and collection of designated recyclables
from residents in MFD's prior to collection. Such recycling containers must be separate,
explicitly labeled as to recyclables included, and colored differently from other containers for
mixed solid waste or trash.
1.15 "Multi-family recycling service"
Recycling collection service, together with related public education and other customer
services, provided to multi-family residents that utilize multi-family recycling containers (i.e.,
carts) and use multi-family recycling stations.
In general, multi-family recycling service shall be provided to MFUs with eleven (11) units or
more per building. In general, MF dwellings with two (2) to ten (10) units per building shall be
provided with curbside collection service utilizing curbside bins.
1.16 "Multi-family recycling stations"
The location of multi-family recycling containers designated by the recycling Contractor with
agreement of the MFD building owner. Mufti-family recycling stations will likely be a cluster of
recycling carts and/or recycling dumpsters (e.g., for old corrugated cardboard).
1.17 "Mon targeted materials"
Non-recyclable materials that are not included in the City's recycling program. Examples of
typical non-targeted items include (but are not limited to): pumps on plastic bottles, ceramic
material in glass streams, pizza cartons in corrugated cardboard streams, etc.
1.18 "Paper"
Paper includes the following: newspapers (including inserts); household office paper and
mail; boxboard; old corrugated cardboard; phone books; Kraft bags; pop/beer boxes and
magazines /catalogs. No boxboard containers used for food product storage in refrigerators
or freezers are included.
1.19 "Plastic bottles"
Plastic bottles shaped with a neck. Plastic lids, caps, rings and pumps are not included.
Recyclable plastic bottles shall be identified on the bottom with the SPI plastic codes #1
(PETE) and #2 (HDPE) including bottles containing: liquor; milk; juice; soft drinks; water;
certain foods; soap and cosmetics.
1.20 "Process residuals"
The normal amount of material that can not be economically recycled due to material
characteristics such as size, shape, color, cross-material contamination, etc. and must be
disposed as mixed municipal solid waste. Process residuals include subcategories of
process residuals including but not limited to bulky items, contaminants, sorted tailings, floor
sweepings and rejects from specific processing equipment (e.g. materials cleaned from
screens, etc). "Process residuals" does not include clean, separated products that are
normally processed and prepared for shipment to markets as commodities but are of
relatively low-value because of depressed market demand conditions.
9
Packet Page Number 14 of 67
1.21 "Processing"
The sorting, volume reduction, baling, containment or other preparation of recyclable
materials delivered to the processing center for transportation or marketing purposes.
1.22 "Processing center
A recycling facility in which recyclable materials are processed. The facility will conform to all
applicable rules, regulations and laws of state, local or other jurisdictions.
1.23 "Steel cans"
Disposable containers fabricated primarily of steel or tin used for food and beverages.
1.24 "Textiles"
Textiles include unwanted but reusable Linens: towels, sheets, blankets, curtains, tablecloths
and clothes: including belts, coats, hats, gloves, shoes and boots that are clean and free of
mold, mildew and excessive stains. Textiles must be dry.
1.25 "Work Plan from Contractor"
The annual work plan proposal for recycling system improvements submitted from the
Contractor and approved by the City.
2. Term of contract
The term of the new recycling contract will be a period of five (5) years from January 1, 2006
through December 31, 2010.
3. Annual Work Plan
The Contractor shall submit an annual work plan proposal no later than October 1 for the
upcoming calendar year to outline key priorities for system improvements. Public education
tools shall be itemized and approximate timelines described. Other service improvements
may also be included in the work plan. The City shall review and approve the work plan by
no later than November 1 each year. The annual work plan shall be incorporated by
reference as an amendment to this contract.
4. Annual performance review meeting to discuss recommendations for
continuous improvement
Upon receipt of the Contractors annual report, the City shall schedule an annual meeting with
the Contractor and the City's Environment Committee. The objectives of this annual meeting
will include (but not limited to):
• Review Contractor's annual report, including trends in recovery rate and
participation.
• Efforts the Contractor has made to expand recyclable markets.
• Review Contractor's performance based on feedback from residents to the
Environment Committee members and/or City staff.
• Review Contractor's recommendations for improvement in the City's recycling
program, including enhanced public education and other opportunities as contained
within the annual work plan for the upcoming year,
7
Packet Page Number 15 of 67
• Review City staff recommendations for Contractor's service improvements.
• Discuss other opportunities for improvement with the remaining years under the
current contract.
S. "Dual Stream, Plus" collection / processing system
Dual stream recyclables collection and processing services shall be the basic service system
design for this contract. Under this dual stream design, residents shall continue to be
instructed to separate recyclables into two primary groups of materials: (1) all food and
beverage containers, including: glass, metal and plastic bottles; and (2) all paper fiber
products, including: newspapers, boxboard, magazines, pop/beer boxes, mixed mail,
catalogs, phone books, Kraft bags and corrugated cardboard.
In addition, residents may place clean, reusable textiles out separately in plastic bags as
outlined in Section 34 of this Agreement. Under this "dual stream plus" system design,
processing shall also be by the categories as collected: paper separated from containers
separated from textiles.
The Contractor shall not make any changes to the dual stream collection or processing
systems without written approval of the City.
The Contractor will invoice the City of Maplewood on a monthly basis and the City will pay the
contractor no later than net 30 days of receipt of the invoice. The billing system will include
the following elements:
6.1 Per Ton Fee
A charge for collection services calculated by multiplying the estimated tons to be collected in
that month by the per ton collection fee of $110. The collection fee to be adjusted annually
using the Federal Reserve Bank of Minneapolis annually published Consumer Price Index or
2.0%, whichever is lower.
The Contractor shall provide a summary of tons collected each month by route. Truck scale
receipts for all materials as collected and scaled at the Contractor's processing facility must
be kept on file for a period of three years and made available to the City upon request.
6.2 Reconciliation from Previous Month
A subtraction or addition of a reconciliation of the previous month's estimated tons as
compared to the actual tons.
6.3 Materials Sales Revenue Share
A composite credit for the following material sales revenue share:
6.3.1 All Paper Grades
Paper prices shall be based on the Official Board Markets (OBM) "Yellow Sheet," Chicago
region for Old Newspapers (ONP) # 8, high side of range. The Contractor shall pay the City
60% of this OBM index for all grades of paper collected after a processing fee of $50 per ton.
E -*3
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Aluminum prices shall be based on the American Metal Market (AMM), Aluminum (1st issue
of the month), high side nonferrous scrap prices: scrap metals, domestic aluminum
producers, buying prices for processed used aluminum cans in carload lots, f.o.b. shipping
point, used beverage can scrap. The Contractor shall pay the City 50% of this AMM
aluminum index after a processing fee of $90 per ton.
The Contractor shall provide copies of the referenced OBM market index and AMM market
index with each monthly statement. The Contractor shall provide a detailed explanation of
how the material splits are calculated to derive the paper and aluminum tonnage estimates.
The City or the Contractor may propose other revenue sharing commodities and
corresponding proposed pricing formulae, at any time during the duration of the contract.
The parties shall enter into negotiations in good faith and any new revenue sharing
agreement shall be reduced to writing in the form of an amendment to the contract.
6.4 Monthly Fuel Price Adjustment
A subtraction or addition of a reconciliation of the Department of Energy's monthly published
index for "Weekly Retail On-Highway Diesel Prices" composite diesel price for the Midwest
region as compared to the baseline price of $2.328 per gallon established on July 4, 2005.
The difference between the monthly index and the baseline price will be applied to an agreed
upon number of City of Maplewood recycling truck miles per month and miles per gallon.
Any other mutually agreed upon charges or credits.
7. RFP and Contractor's Proposal
The contents of the City's RFP (as of June 13, 2005) and the Contractor's proposal are part
of the contractual obligations and are incorporated by reference into this contract. If any
provision of the contract is in conflict with the referenced RFP or proposal, the contract shall
take precedent.
GENERAL REQUIREMENTS FOR ALL COLLECTIONS
The following general requirements are pertinent to all recycling collections (i.e., both
curbside recycling collection and multi-family recycling collection services). However, the City
acknowledges that collection service frequencies and other factors will vary between
residential and multi family collection programs.
S. Missed collections
The Contractor shall have a duty to pick up missed recycling collections. The Contractor
agrees to pick up all missed collections on the same day the Contractor receives notice of a
missed collection, provided notice is received by the Contractor before 11:00 a.m. on a
business day. With respect to all notices of a missed collection received after 11:00 a.m. on
a business day, the Contractor agrees to pick up that missed collection before 4:00 p.m. on
the following business day.
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9. Severe weather
The Contractor may postpone recycling collections due to severe weather at the sole
discretion of the Contractor. "Severe Weather" shall include, but shall not be limited to those
cases in which the temperature at 6:00 a.m. is minus twenty (-20) degrees Fahrenheit or
colder. If collections are so postponed, the Contractor shall notify the City. Upon
postponement, collection will be made on a day agreed upon between the Contractor and the
City.
10. Collection hours and days
The City requires all such collections to begin no sooner than 7 a.m. and shall be complete
by 7 p.m. Furthermore, the City requires scheduled collection days to be Monday through
Friday and pre-selected Saturdays during holiday weeks, The Contractor may request one
time City authorization of exceptions to these time and day restrictions (e.g., pursuant to the
"Severe Weather" section 9 above). The Contractor must request such exception prior to the
requested collection event and specify the date, time and reason for the exception.
11. Customer Complaints
The Contractor shall establish and maintain, in a location approved by the City, an office with
continuous supervision for accepting complaints and customer calls. The office shall be in
service with continuous supervision during the hours of 7 a.m. until 4:30 p.m. on all days of
collection as specified in this Agreement. The address and telephone numbers of such
office, and ten (10) days prior notice of changes therein, shall be given to the city in writing.
The address of this office as of the execution of the contract is 2828 Kennedy Street NE,
Minneapolis, Minnesota 55413. The Contractor shall also establish a link to the City's
website so complaints can be made electronically.
Each month the Contractor shall provide the City with a list of all customer complaints, the
nature of these complaints and a description of how each complaint was resolved. The
names of the complainants and contact numbers or e-mail addresses must also be included.
Complaints on service will be taken and collected by the City and the Contractor. The City
will notify the Contractor of all complaints it receives. The Contractor is responsible for
corrective actions. The Contractor shall answer all complaints courteously and promptly.
12. City retains right to specify resident preparation instructions
The Contractor shall agree that it is the City's sole right to clearly specify the resident sorting
and setout requirements. The City shall publish and distribute, on an annual basis, the
detailed recyclables preparation instructions for its residents as part of its annual public
education flyer. However, the City agrees to confer with the Contractor before the annual
flyer distribution,
13. City shall approve Contractor's public education literature
The Contractor shall conduct its own promotions and public education to increase
participation and improve compliance with City-specified resident preparation instructions as
per the public education elements of the annual work plan At a minimum, this shall include:
production and distribution of an annual flyer to each home; and (2) distribution of "resident
education tags" to be left by curbside collection crews if any non-targeted material is rejected
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and left at the curb. The Contractor shall submit a draft of any public education literature for
approval by the City, at least one (1) month before printing and release of any such literature,
14. Weighing of loads
Contractor will keep accurate records consisting of an approved weight slip with the date,
time, collection route, driver's name, vehicle number, tare weight, gross weight, net weight,
and number of recycling stops for each loaded vehicle. Collection vehicles will be weighed
after completion of a route or at the end of the day, whichever occurs first. A copy of each
weight ticket shall be kept on file and made available for inspection upon request by the City.
15. Monthly and annual reports
The Contractor will submit to the City monthly reports and annual reports. At a minimum, the
Contractor shall include the following information:
• Gross amounts of materials collected, by recyclable material (in tons).
• Net amounts of materials marketed, by recyclable material (in tons).
• Amounts stored, by recyclable material, with any notes as to unusual conditions (in
tons).
• Amounts of "Process residuals" disposed (in tons).
• Recycling service fee (based upon contracted price per ton).
• Revenue share credits back to the City (if any).
Monthly reports shall be due to the City by the 15th day of each month. Annual reports shall
be due by January 31. The Contractor will be encouraged to include in its annual report
recommendations for continuous improvement in the City's recycling program (e.g., public
education, multi-family recycling, etc.).
16. Ownership of recyclables
Ownership of the recyclables shall remain with the person placing them for collection until
Contractor's personnel physically touches them for collection, at which time the ownership of
the recyclables shall transfer to Contractor.
17. Scavenging prohibited
All recyclable materials placed for collection shall be owned by and are the responsibility of
the occupants of residential properties until the Contractor handles them. Upon collection of
the designated recyclable materials by the Contractor, the recyclable materials become the
property and responsibility of the Contractor.
It is unlawful for any person other than the City's recycling Contractor or owner's independent
hauler to collect, remove, or dispose of designated recyclables after the materials have been
placed or deposited for collection in the recycling containers. The owner, owner's
employees, owner's independent hauler's employees, or City's recycling Contractor's
employees may not collect or "scavenge" through recycling in any manner that interferes with
the contracted recycling services.
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is. Cleanup of spillage or blowing litter
The Contractor shall clean up any material spilled or blown during the course of collection
and/or hauling operations. All collection vehicles shall be equipped with at least one broom
and one shovel for use in cleaning up material spillage. Designated recyclables shall be
transported in a covered vehicle so that the recyclables do not drop or blow onto any public
street or private property during transport.
19. Recyclable materials required to be transported to markets; Disposal
prohibited
Upon collection by the City's recycling Contractor, the City's Contractor shall deliver the
designated recyclables to a recyclable material processing center, an end market for sale or
reuse, or to an intermediate collection center for later delivery to a processing center or end
market. It is unlawful for any person to transport for disposal or to dispose of designated
recyclables, in a mixed municipal solid waste disposal facility. The Contractor shall not
landfill, incinerate, compost or make fuel pellets out of the recyclable materials.
20. Designated primary glass market
The City and Contractor hereby agree that Anchor Glass Corp. (Shakopee, MN) shall be the
primary market of choice for glass bottles and jars collected from the City's recycling
program. The Contractor shall develop a proposed glass marketing contingency plan in
writing for review, comment and approval by the City. This contingency plan shall be based
on recycling glass into markets with the highest and best use of this commodity. The
Contractor shall provide an annual assessment of the Anchor glass market as part of its
annual report to the City.
The Contractor shall provide as much notice as possible if the Anchor glass plant closes,
stops accepting recyclable glass cutlet, or otherwise becomes economically unfeasible as the
primary glass market outlet. If Anchor is no longer a viable primary market for glass, and if
the Contractor must adjust its glass processing and/or marketing operations, the Contractor
may submit a proposed per ton fee amendment to the City. This per ton fee amendment
proposal must include a detailed cost justification for any fee increase. Once the fee
amendment proposal is submitted, the City shall have 30 days to negotiate a final fee
amendment with the Contractor for approval by the City Council.
21. Processing facilities must be specified
The Contractor shall assure the City that adequate recyclable material processing capacity
will be provided for City material collected. The Contractor shall provide written notice to the
City at least 60 days in advance of any substantial change in these or subsequent plans for
receiving and processing recyclables collected from the City.
22. Estimating materials composition as collected
The Contractor shall conduct at least one materials composition analysis of the City's
recyclables each year to estimate the relative amount by weight of each recyclable
commodity by grade. The results of this analysis shall include: (1) percent by weight of each
recyclable commodity by grade as collected from the City, (2) relative change compared to
the previous year's composition; and (3) a description of the methodology used to calculate
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the composition, including number of samples, dates weighed, and City route(s) used for
sampling. The Contractor shall provide the City with a copy of each such analysis.
EMEIGO =-
The Contractor shall provide the City a written description of the means to estimate process
residuals derived from the City's recyclables. This written description shall be reviewed and
approved in writing by the City. This written description shall be updated by the Contractor
immediately after any significant changes to the processing facilities used by the Contractor.
The Contractor shall record the weight and generator for all materials entering the processing
facility on a daily, monthly and annual basis. These records shall be made available to the
City upon request.
The Contractor shall report total weight of material disposed as shipped out to a mixed
municipal solid waste facility compared to the total material shipped out each month form its
processing facility.
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In the event that the market for a particular recyclable ceases to exist, or becomes
economically depressed that it becomes economically unfeasible to continue collection,
processing and marketing of that particular recyclable, the City and the Contractor will both
agree in writing that it is no longer appropriate to collect such item before collection ceases.
The Contractor shall give the City as much notice as possible about the indications of such
market condition changes. The Contractor may then initiate the formal process by sending a
letter to the City notifying the City that the recyclable item should be discontinued from
collection. Upon receipt of the Contractor's notice, the City shall have 14 days to review and
negotiate a contract amendment relating to disposal of such a recyclable commodity that
does not have adequate market demand.
After this 14 day period, the City shall pay the costs of all disposal of any item collected that
is deemed not recyclable by Contractor and the City due to lack of adequate market demand
until the City has approved that collection be discontinued for those materials. After the City
agrees to discontinue collection of those materials, the Contractor is responsible for the costs
of all disposal of any item collected that is deemed not recyclable by Contractor and the City
due to lack of adequate market demand. The City and Contractor shall specify a date in this
written contract amendment to cease collection of the recyclable item in question. The
Contractor shall at all times be under a duty to minimize recyclables ending up in landfill or
disposal at other facilities receiving mixed municipal solid waste. If disposal of any recyclable
commodity becomes necessary, upon receiving written permission from the City, the
Contractor shall dispose of the recyclable materials at a facility specified in writing by the City
or an alternative agreed upon by the City and the Contractor.
M requirements
The Contractor's vehicles shall be marked with the name and telephone number of
the Contractor prominently displayed on both sides of the truck. The lettering must
be at least 3 inches in height.
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• 2-way radio.
• First aid kit.
• Approved fire extinguisher.
• Warning flashers.
• Warning alarms to indicate movement in reverse.
• Sign on rear of vehicle which states "This vehicle makes frequent stops".
• Broom and shovel for cleaning up spills.
All of the required equipment must be in proper working order. All vehicles must be
maintained in proper working order and be as clean and free of odors as possible.
26. Personnel Requirements
Contractor shall retain sufficient personnel and equipment to fulfill the requirements and
specifications of this Agreement. Contractor's personnel shall:
• Conduct themselves at all times in a courteous manner with the general public.
• Make a concerted effort to have at all times a presentable appearance and attitude.
• Perform their work in a neat and quiet manner and clean up all recyclables spilled
in collection and hauling operations
• Avoid damage to property.
• Not perform their duties or operate vehicles while consuming alcohol or illegally
using controlled substances or while under the influence of alcohol and/or such
substances.
27. Licenses and Permits
The Contractor shall ensure that all driver and truck licenses and permits shall be current and
in full compliance with local, state and federal laws and regulations. Any processing facility
used to handle material from the City of Maplewood must have current permits and licenses
as required by the appropriate city, county, state and federal laws and ordinances. Contractor
shall make available for inspection all such licenses and permits upon request by the City,
28. Performance monitoring
The City will monitor the performance of the Contractor against goals and performance
standards required within this RFP and in the contract. Substandard performance as
determined by the City will constitute non-compliance. If action to correct such substandard
performance is not taken by the Contractor within 60 days after being notified by the City, the
City will initiate the contract termination procedures.
29. Liquidated damages
The Contractor shall agree, in addition to any other remedies available to the City, that the
City may withhold payment from the Contractor in the amounts specified below as liquidated
damages for failure of the Contractor to fulfill its obligations:
1. Failure to respond to legitimate service complaints within 24 hours in a reasonable
and professional manner - $50 per incident.
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2. Failure to collect properly notified missed collections - $250 per incident.
3. Failure to provide monthly and annual reports - $100 per incident.
4. Failure to complete the collections within the specified timeframes without proper
notice to the city - $100 per incident.
5. Failure to clean up from spills during collection operations - $250 per incident.
6. Failure to report on changes in location of recyclables processing operations -
$250 per incident.
7. Failure to provide written description of the means to estimate relative amount of
process residuals derived from the City's recyclables - $100 per incident.
8. Exceeding any maximum process residuals rate that may be negotiated as part of
a final contract agreement - $1,000 per exceedence.
9. Failure to receive City written approval of changes to the "dual stream" collection
and processing systems prior to implementing any such change - $5,000.
10. Failure to conduct annual composition analysis - $100 per incident.
These amounts will be for liquidated damages for losses suffered by the City and not
penalties.
CURBSIDE COLLECTION REQUIREMENTS
The following collection requirements are for curbside recycling services only and do not
pertain to multi - family recycling services.
30. Weekly Collection
The Contractor shall collect curbside recycling materials weekly. Recyclables shall be
collected on the same days corresponding to City garbage collection days whenever possible
(with the exception of curbside collection on Saturdays within agreed -upon "holiday weeks ").
31. Point of collection
All curbside collection service will occur at the curbside (i.e., no alley collections of residential
recyclables are allowed for residents with curbside collection service).
32.. Curbside collection schedule deadline
If the Contractor determines that the collection of recyclables will not be completed by 6:00
p.m. on the scheduled collection day, the Contractor shall notify the City by 4:30 p.m. that
same day and request an extension of the collection hours. The Contractor shall inform the
City of the areas not completed, the reason for non - completion and the expected time of
completion. If the City's contract- designated contact person cannot be reached, the
Contractor will request the City Manager.
33. Procedure for handling non - targeted materials
If Contractor determines that a resident has set out non - targeted materials, the driver shall
use the following procedure:
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1. Contractor shall leave the non-targeted materials in the resident's curbside
recycling bin and leave an "education tag" indicating acceptable materials and the
proper method of preparation.
2. The driver shall record the address and the Contractor shall report the address to
the City within the monthly report.
The City and the Contractor have agreed to add two new materials to the curbside collection
program: pop/beer boxes and textiles.
The pop/beer boxes shall be added to the paper stream. These items should be flattened and
placed by the resident unbundled with the other papers (newspaper, magazines, etc.)
Residents shall place textiles separately in plastic garbage bags or other bags as determined
by the City. Each bag or set of bags will have a identifying marker clearly identifying the
materials for collection. Residents will be instructed to avoid the use of paper bags and
boxes; however, materials set out in these containers are acceptable provided that the
materials have not been exposed to rain or snow. If the textiles are wet the Contractor will
not collect those items.
MULTI FAMILY COLLECTION REQUIREMENTS
The following collection requirements are for multi-family recycling services only and do not
pertain to curbside collection services.
35. MFD building owners may elect to subscribe to recycling service
under the City's contract
MFD building owners will be able to use the City's recycling Contractor to provide the
recycling services. Alternatively, MFD building owners may independently contract with
another licensed recycling contractor to provide the recycling services at the owner's
expense.
36. Multi-family collection stations
Multi-family recycling stations will be specified with agreement of the MFD building owner on
a case-by-case basis. MFD recycling stations will likely be a cluster of recycling bins, carts
andfor recycling dumpsters (e.g., for old corrugated cardboard). The number and location of
MFD recycling stations shall be adequate to be reasonably convenient and accessible to all
MFD residents.
37. Multi-family container location(s)
Multi-family recycling containers shall be placed in a location(s) on the MFD premises which
permits access for collection purposes but which does not obstruct pedestrian or vehicular
traffic and shall comply with the City's zoning and other ordinances.
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38. Multi-family service standards
At a minimum, multi-family recycling services shall be available on the premises and shall be
provided on a regularly scheduled basis of at least twice a month or as the City and
Contractor agree is adequate. The collection schedule and recycling containers' capacity
shall provide for regular removal of the recyclables such that there is adequate storage
capacity available in the recyclable containers to avoid overflowing containers.
39. Multi-family recycling container requirements
The recycling containers for buildings of 11 units or more shall be:
1. Sufficient in number and size to meet the demands for recycling services created
by the occupants.
2. Equipped with hinged lids.
3. Equipped with standardized labels identifying the type of recyclable material to be
deposited in each container and colored differently from other containers for mixed
solid waste or trash.
4. Maintained in proper operating condition and reasonably clean and sanitary.
5. Repaired or replaced on a reasonable schedule if broken due to regular wear and
tear.
6. Replacement of stolen containers or containers that have been damaged beyond
normal wear and tear shall be the responsibility of the City.
40. Responsibility for providing and maintaining multi-family recycling
containers
If the MFD building owner uses the City's Contractor, adequate multi-family recycling
containers shall be provided and maintained by the City's Contractor under the conditions
provided in Section 39 of this Agreement.
41. Public education information for tenants with multi-family recycling
service
At least once per year, the City's recycling Contractor shall supply the MFD building owner
with the sufficient number of recycling fact sheets with instructions for the tenants in their
building(s).
42. Other public education tools to residents with multi-family recycling
service
The Contractor shall specify other public education tools that the Contractor will provide, in
cooperation and coordination with MFD building owners, as part of the annual work plan.
43. Annual report to MFD building owners
The City's Contractor shall provide an annual report by January 31 of each year to the MFD
building owners served by the City's contractor. A copy of each report to the MFD building
owners shall also be submitted to the City. The report shall contain, at a minimum, the
following information:
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1. Name of owner, building manager and contact information (mailing address, phone
numbers, e-mail, etc.)
2. Street address of each MFD served.
3. Number of dwelling units for each MFD.
4. Description of collection services made available to occupants, including number of
multi-family recycling stations, number of multi-family recycling containers, location
of stations (or curbside service provided for MFD's under twelve units per building)
and dates of collection.
5. Description of public education tools used to inform occupants of availability of
services.
6. Tonnage estimates for each type of material recycled.
7. Recommendations for future improvements (e.g., specific public education tools).
INSURANCE AND OTHER LEGAL REQUIREMENTS
44.Insurance
Insurance secured by the Contractor shall be issued by insurance companies acceptable to
the City and admitted in Minnesota. The insurance specified may be in a policy or policies of
insurance, primary or excess. Such insurance shall be in force on the date of execution of
the contract and shall remain continuously in force for the duration of the contract. The
Contractor shall have the City of Maplewood named as an additional insured on each
insurance policy specified below, unless the Contractor submits in writing this is not feasible
for a specific insurance policy. The Contractor shall then provide certificates of insurance to
the City by approximately December 15 of each year. The Contractor and its sub-contractors
shall secure and maintain the following insurance:
44.1 Workers Compensation Insurance
Workers Compensation insurance shall meet the statutory obligations with Coverage B-
Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit
and $100,000 disease each employee.
44.2 Commercial General Liability insurance
Commercial General Liability insurance shall be at the limits of at least $1,000,000 general
aggregate, $1,000,000 personal and advertising injury, $1,000,000 each occurrence $50,000
fire damage and $1,000 medical expense for any one person. The policy shall be on an
"occurrence" basis, shall include contractual liability coverage and the City shall be named an
additional insured.
This insurance includes up to $10,000 expenses to extract pollutants from land or water at
the "premises" if the discharge, dispersal, seepage, migration, release, escape or emission of
the pollutants is caused by or results form a covered cause of loss.
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44.3 Commercial Automobile Liability insurance
Commercial Automobile Liability insurance covering all owned, non-owned and hired
automobiles with limits of at least $1,000,000 per accident. This insurance includes a cause
of loss where there is a spill of fuels and lubricants used in the vehicle for its operation.
44.4 Director's & Officers Insurance or Errors & Omissions
Director's & Officers Insurance or Errors & Omissions insurance providing coverage for
"wrongful act" any actual or alleged error, misstatement, misleading statement, act or
omission, neglect or breach of duty. The insurance policy provides $1,000,000 each
occurrence and $1,000,000 aggregate limit of liability for each year.
Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the
Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor.
The Contractor shall control any special or unusual hazards and be responsible for any
damages that result from those hazards. The City does not represent that the insurance
requirements are sufficient to protect the Contractor's interest or provide adequate coverage.
Evidence of coverage is to be provided on a City-approved Insurance Certificate. A thirty-
(30) date written notice is required if the policy is canceled, not renewed or materially
changed. The Contractor shall require any of its subcontractors to comply with these
provisions.
45. Transfer of interest
The Contractor shall not assign any interest in the contract, and shall not transfer any interest
in the contract, either by assignment or novation, without the prior written approval of the City.
The Contractor shall not subcontract any services under this contract without prior written
approval of the City. Failure to obtain such written approval by the City prior to any such
assignment or subcontract shall be grounds for immediate contract termination.
The Contractor currently subcontracts to provide service to old corrugated containers (OCC)
customers that require dumpster capacity. This subcontract is annual and the Contractor will
notify the City in writing if there is a change in providers.
46. Non - Assignability and Bankruptcy
The parties hereby agree that the Contractor shall have no right to assign or transfer its rights
and obligations under said agreement without written approval from the City. In the event, the
City its successors or assigns files for Bankruptcy as provided by federal law, this agreement
shall be immediately deemed null and void relieving all parties of their contract rights and
obligations.
47. Dispute resolution and arbitration procedures
The parties agree that any controversy or claim arising out of or relating to this agreement or
the breach thereof, shall be settled, at the option of the Contractor by arbitration in
accordance with the Rules of the American Association of Arbitration and judgment upon the
award by the Arbitrator(s) may be entered in any court with jurisdiction thereof.
This contract specifies requirements for a performance bond in the case of the Contractor's
failure to perform contracted services. The performance bond shall be an annual bond for
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$25,000 or whatever actual cost is incurred up to $25,000. The responsibility for renewal is
the responsibility of the Contractor.
49. General compliance
The Contractor agrees to comply with all applicable Federal, State and local laws and
regulations governing funds provided under this contract.
The Contractor pays its employees a prevailing wage based on the recycling industry in the
state of Minnesota and Hennepin County. The Contractor does not use temporary labor
arrangements to avoid paying a living wage. All of our employees, permanent and temporary,
receive a paycheck that meets or exceeds living wage standards. Additionally, the contractor
provides health insurance for all fulltime employees and a pro rata share for employees
working more than 20 hours but less than 40 hours a week.
50. Independent contractor
Nothing contained in this agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employerlemployee between the parties. The
Contractor shall at all times remain an independent Contractor with respect to the services to
be performed under this Contract. Any and all employees of Contractor or other persons
engaged in the performance of any work or services required by Contractor under this
Contract shall be considered employees or sub-contractors of the Contractor only and not of
the City; and any and all claims that might arise, including Worker's Compensation claims
under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf
of said employees or other persons while so engaged in any of the work or services provided
to be rendered herein, shall be the sole obligation and responsibility of Contractor.
51. Hold harmless
The Contractor agrees to defend, indemnify and hold harmless the City, its officers and
employees, from any liabilities, claims, damages, costs, judgments, and expenses, including
attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its
employees, its agents, or employees of subcontractors, in the performance of the services
provided by this contract, any resulting environmental liability that is a result of this contract or
by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations
under this contract. If a Contractor is a self-insured agency of the State of Minnesota, the
terms and conditions of Minnesota Statute 3.732 et seq. shall apply with respect to liability
bonding, insurance and liability limits. The provisions of Minnesota Statutes Chapter 466
shall apply to other political subdivisions of the State of Minnesota.
52. Accounting standards
The Contractor agrees to maintain the necessary source documentation and enforce
sufficient internal controls as dictated by generally accepted accounting practices to properly
account for expenses incurred under this contract.
53. Retention of records
The Contractor shall retain all records pertinent to expenditures incurred under this contract
for a period of three years after the resolution of all audit findings. Records for non-
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expendable property acquired with funds under this contract shall be retained for three years
after final disposition of such property.
54. Data practices
The Contractor agrees to comply with the Minnesota Government Data Practices Act and all
other applicable state and federal laws relating to data privacy or confidentiality. The
Contractor must immediately report to the City any requests from third parties for information
relating to this Agreement. The City agrees to promptly respond to inquiries from the
Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and
employees harmless from any claims resulting from the Contractor's unlawful disclosure or
use of data protected under state and federal laws.
All Proposals shall be treated as non-public information until the proposals are opened for
review by the City. At that time the Proposals and their contents become public data under
the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13.
55. Inspection of records
All Contractor records with respect to any matters covered by this agreement shall be made
available to the City or its designees at any time during normal business hours, as often as
the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant
data.
56. Applicable law
The laws of the State of Minnesota shall govern all interpretations of this contract, and the
appropriate venue and jurisdiction for any litigation which may arise hereunder will be in
those courts located within the County of Ramsey, State of Minnesota, regardless of the
place of business, residence or incorporation of the Contractor.
57. Contract termination
The City may cancel the Contract if the Contractor fails to fulfill its obligations under the
Contract in a proper and timely manner, or otherwise violates the terms of the Contract if the
default has not been cured after 60 days written notice has been provided. The City shall pay
Contractor all compensation earned prior to the date of termination minus any damages and
costs incurred by the City as a result of the breach. If the contract is canceled or terminated,
all finished or unfinished documents, data, studies, surveys, maps, models, photographs,
reports or other materials prepared by the Contractor under this agreement shall, at the
option of the City, become the property of the City, and the Contractor shall be entitled to
receive just and equitable compensation for any satisfactory work completed on such
documents or materials prior to the termination.
58. Employee working conditions and Contractor's safety procedures
The Contractor will ensure adequate working conditions and safety procedures are in place to
comply with all applicable federal, state and local laws and regulations. The City reserves
the right to inspect on a random basis all trucks, equipment, facilities, working conditions,
training manuals, records of claims for Worker's Compensation or safety violations and
standard operating procedures documents.
21
Packet Page Number 29 of 67
59. Contract amendments
Any amendments to this Agreement shall be valid only when reduced to writing, and duly
signed by the parties.
IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written.
The Neighborhood Recycling Corporation, Inc.
(D/BIA "Eureka Recycling"): City of Maplewood:
By
C Executive Officer
By
Chief Operating Officer
By-.. ; L.Pji' 11
City Manager
By
Mayor
■
City Attorney
KK
Packet Page Number 30 of 67
Attachment 2
AGREEMENT AMENDMENT NO. 1
to
CONTRACT AGREEMENT BETWEEN
CITY OF MAPLEWOOD
and
EUREKA RECYCLING
FOR RECYCLING SERVICES
This AGREEMENT AMENDMENT NO. 1 entered into as of the day of Demo
2009, by and between the City of Maplewood, 1830 County Road B East, Maplewood,
Minnesota 55109 (the "City of Maplewood "), and The Neighborhood Recycling
Corporation, Inc. (D /B /A "Eureka Recycling "), a Minnesota non - profit corporation, with its
current local place of business at 2828 Kennedy Street NE, Minneapolis, Minnesota
55413 (the "Contractor ").
WITNESSETH:
WHEREAS, the City of Maplewood and Eureka Recycling entered into a contract
agreement dated September 27, 2005, whereby certain recycling services would be
provided by Eureka Recycling to the City of Maplewood; and
WHERAS, the City of Maplewood and Eureka Recycling have now agreed to amend
certain articles of the contract agreement, and
WHEREAS, the City of Maplewood and Eureka Recycling previously agreed in the
contract agreement, Article 6. Payment Terms, Section 6.1 Per Ton Fee, that a charge
for collection services would be calculated by multiplying the estimated tons to be
collected in that month by the per ton collection fee of $110; and the collection fee would
be adjusted annually using the Federal Reserve Bank of Minneapolis annually published
Consumer Price Index or 2.0 %, whichever is less, and
WHEREAS, the City of Maplewood and Eureka Recycling have now determined that it is
in their best interests to amend Article 6, Section 6.1 of the September 27, 2005 contract
agreement to change the fee basis from a per ton fee of $110 per ton to a per household
fee of $2.10 per household per month for the balance of 2009 and 2010. And
IN WITNESS WHEREOF, the parties have caused this Agreement Amendment No. 1 to
be executed as of the date first written.
The Neighborhood Recycling Corporation, Inc. City of Maplewood
(D /B /A "Eureka Recycling "):
Packet Page Number 31 of 67
The Neighborhood Recycling Corporation, Inc
(D /B /A "Eureka Recycling "):
By
ief Executive Officer
By
ChiJef Operating Officer
City of Maplewood
City Manager
By
Aayor
® 1, 0 .>
Packet Page Number 32 of 67
APPROVED TO FORM
go =11MUM-1
M
M M =8 74
Final Draft
Ali
June o I 2005,
Packet Page Number 33 of 67
INTRODUCTION ___._.___..__.._._.__.._._.___.._...... ._.__...1
1. Statement Ofintent and City 1
2. Background and history of the City's recycling program .................... 1
3. Definitions ....... ...................... .................... ...................... .................. 1
4.
Vendor selection process and schedule .................................................... 5
5.
Term of contract ...................................................................
b
6.
Annual performance review meeting to discuss recommendations for
continuous improvement .......................................................................
6
7.
Proposals may be rejected in whole or ......
6
8.
How to submit proposals ---.—.--..—.—.--..--..--..—.—.--...
6
9.
Proposal content .—.—.--..—.—.--..—.—.--..—.—.--..—.—.--...
7
10.
Dual stream proposal scenario ........... ..................... ..................... ........
7
11.
Single stream proposal scenario .................... ..................... ...................
8
12.
Price worksheet .. ........ .... .—. ........ .—.—.—......... —..—......... .—.—
8
13.
Price On a dollars per ton basis ----..—.—.--..—.—.--..—..—.—.—.
8
14.
Revenue sharing —..—.--..—.—.—.—.—.—.--..—.—.--..—.—.--...
8
15.
Vendors may team with other connponies--.--..--..--..—..--..—..
g
16.
RFP and proposal to become port of final contract ....... ........ ......... ....... .1O
17.
Evaluation Criteria ...............................................................................
1U
Packet Page Number 34of87
36. Point OfcoUectiOn..--..— .... .--..--..--..—.—.--..—.—.--..—...15
37. Curbside collect schedule
dB�d|in�--.--..---..—.—.--..—.—.-15
38. Procedure for handling non-targeted materials ........... ..................... ........ 15
MULTI FAMILY DWELLING (MFD) COLLECTION REQUIREMENTS ...........................
16
39.
MFD building owners may elect to subscribe to recycling service under the
City's contract ... ......... ........ .......... ....... .—......... ........ .......... .......
16
40.
MFD collection ����iOnS..—.--..—.—.--..--..--..—.—.--..—.—.-1�
41.
MFD container |ocation(s)—.—.—.--. ... .—.--..--..--..—.—.--...16
42.
MFD service StandardS----..---..—.—.--..--..--..—.—.--..16
43.
MFD recycling container requirernenUs ............... ..—............... .—........
16
44.
Responsibility for providing and maintaining recycling containers----...17
45.
Public education information for MFD tenants .... .................... ..................
17
48.
Other public education tools to MFD residents
47. Annual report tV MFD building owners.
--..--..--..—.—.--..—.—.-1�
INSURANCE AND OTHER LEGAL REQUIREMENTS ............................................... 17
48. Insurance ..... . ......... ........ .— .......... ....... . ......... ........ .— .......... ...... 17
Packet Page Number 35of87
56. Accounting stondards. ............ ....... ............ .—.—.—.—.—.--..—........ 2O
57. Retention Of records ---.—.--..--..--..—.—.--..—.—.--..—...ZO
58. Data practices .... .—.---..—.—.--..—.—.--..—.—.--..—.—.--..2O
59. Inspection Of records
—.—.--..—.—.--..--..--..—.—.--..—.—.—��
60. Applicable |aw— ..................... .................... ...................... ................. 21
61. Contract termination ............................................................................ Z1
62. Employee working conditions and respondent's safety pr0cedures..—..—. ... 21
ATTACHMENT -BACKGROUND INFORMATION . .... - ............................... ... 22
ATTACHMENT -PRICE WORKSHEET ..................................................... ........ 24
ATTACHMENT -CITY'S 2OO5 PUBLIC EDUCATION FLYER,
ROUTE CALENDAR AND
Packet Page Number 30of87
E. Background and history of the City's recycling program
Attachment A provides a thorough description of the City of Maplewood's
recycling program.
3.1 "Aluminum cans"
Disposable containers fabricated primarily of aluminum, commonly used for
soda, beer, juice, water or other beverages.
-1-
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3.2 "City's annual recycling public education flyer"
The City publishes an annual public education flyer that contains the following
`
Annual calendar and map Of curbside recycling districts for "single
family dwellings"
o
List of materials tO be included for recycling
o
List ofmaterials excluded that cannot be recycled in the City's
program
(See Attachment C for the 2005 edition of the "City's Annual Recycling Public
Education F|Ver")
The City has designated City's Environmental Management Specialist,
DuWayne Konewko, as the City's sole point of contact for prospective
3.4 "City-designated recyclables" or "Recyclable materials" or
The following recyclable materials: aluminum cans; steel cans; glass jars and
bottles; paper recyclables; plastic bottles; and corrugated cardboard as
defined herein this RFP and further described in the "City's annual recycling
public education flyer" (See Attachment C). This list of recyclable materials
can be amended through negotiation between the City and its Contractor at
any time within the duration of the contract term.
The aggregation and transportation of recyclable materials from the place at
which it is generated and includes all activities up to the time when it is
delivered to a recycling facility.
The City's recycling service Contractor under the new contract beginning
operation onJanuary 1, 2006.
Cardboard material with double wall construction and corrugated separation
between walls but not plastic, wax or other coated cardboard.
Uniform curbside recycling bins (e.g., red, plastic recycling "tubs") supplied
by the City in which recyclables can be stored and later placed for curbside
collection, as specified by the City. The recycling containers remain the
property of the City.
- 2 -
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The recycling collection service, together with related public education and
other customer services, specified within this RFP utilizing curbside recycling
bins. Multi-family dwellings may receive curbside recycling service as
selected by the City and the Contractor.
W
The economic and technical capacity of markets to use recyclable material to
make new products.
3.12 "Markets"
Any person or company that buys (or charges) for recycling of specified
materials and may include, but are not limited to: end-markets, intermediate
processors, brokers and other recycling material reclaimers.
r 7 1 0 0
:': III' IIIJOU 1 ll.=�Z
517W.Mr-TEM
Recycling containers used for multiple family dwellings (MFD) including any
bin, cart, clumpster or other receptacle for temporary storage and collection
of designated recyclables from residents in MFD's prior to collection. Such
recycling containers must be separate, explicitly labeled as to recyclables
included, and colored differently from other containers for mixed solid waste
or trash.
Recycling collection service, together with related public education and other
customer services, provided to MFD residents that uze MFD recycling
containers (e.g., carts) and use MFD recycling stations.
W-THUMM
The location of MFD recycling containers designated by the recycling
Contractor with agreement of the MFD building owner. MFD recycling stations
will likely be a cluster of recycling carts and/or recycling dumpsters (e.g., for
old corrugate cardboard).
randmi �#j �..f
Non-recyclable materials that are not included in the City's recycling program.
Examples of typical non-targeted items include (but are not limited to):
pumps on plastic bottles, ceramic material in glass streams, pizza cartons in
corrugated cardboard streams, etc.
- 3 -
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NUMM-79
Ills � HZEEMEM
The sorting, volume reduction, baling, containment or other preparation of
recyclable materials delivered to the processing center for transportation or
marketing purposes.
3M
A recycling facility in which recyclable materials are processed. The facility
will conform to all applicable rules, regulations and laws of state, local or
other jurisdictions.
WaWMT-M���
Two different recycling collection/processing systems identified by the City for
purposes of this RFP:
-4-
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%esign and operating details of the current collection, processing and
public education systems are assumed within this dual stream
"Sincile stream groposal scenario" - The potential new single stream
collection and processing system as an alternate proposal scenario for
purposes of this RFP. Vendors should propose under this "single
stream" scenario to collect and process the residential curbside
material within the form of a single stream system whereby residents
will be instructed to commingle all groups of materials.
Disposable containers fabricated phnnmh|y of steel or tin used for food and
beverages.
T0 the best of its ability, the City will use the following process and schedule
for its decision-ma king:
-S-
Packet Page Number 41of87
September 12, 2005). The City Council may then award the contract and
authorize staff to execute it.
7. The new recycling contract will commence on January 1, 2006.
Term of contract
The term of the new recycling contract will be a period of five (5) years from
January 1, 2006 through December 31, 2010.
8. How to submit proposals
Proposal shall be submitted to the Community Development Office at City Hall
no later than 4 p.m. (CDT) July 7, 2005, in a sealed envelope with the name
of the proposing company on the outside and addressed as follows:
Enclosed: "Recycling Services Proposal"
-6-
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Proposals will be treated in accordance with [Mn. Statutes 13.591, Subdivision
3 (b), Data Practices Act.
Five (5) written, hard copies ofthe proposal and all attachments shall be
submitted.
Statement of vendor qualifications, including references of other
municipal clients in the Twin Cities metro region receiving similar
Multiple family dwellings (MFD's) receiving "curbside service"
"MFD collection service" I
Statement as to any litigation in the past five years within the State of
Minnesota and the current status of that litigation.
-7-
Packet Page Number 43of87
If the City awards a new dual stream service contract under this scenario, the
new Contractor shall not make any changes to either of these dual stream
collection or processing systems without written approval of the City. Other
design and operating details of the current collection, processing and public
education systems are assumed within this dual stream scenario. Vendors
may propose variations to this scenario.
Vendors must complete a price worksheet as part • each proposal they
submit (see Attachment B for worksheet). Vendors must complete at least on
of the "Dual stream" or "Single stream" proposal scenario price worksheets.
In addition, vendors may also complete an "Additional alternate" price
worksheet if their proposed system does not fit into one of the first two
scenarios.
E= � i�
The City intends to maintain its current dollars per ton service payment basis.
However, the City will consider payment on a per household basis.
1111111M!
Packet Page Number 44 of 67
- ach proposal scenario must contain a percent revenue share offer for both
gaper and aluminum as described immediately above (see Attachment B -
�Irice Worksheet). Proposers may offer from zero (0) percent to 100 percent
-evenue share.
The City or the Contractor may propose other revenue sharing commodities
and corresponding proposed pricing formulae, at any time during the duration
of the contract. The parties shall enter into negotiations in good faith and any
new revenue sharing agreement shall be reduced to writing in the form of an
amendment to the contract.
It is recognized that some prospective haulers may wish to subcontract with
other companies for processing services. This is allowed as needed, but all
such Contractor - subcontractor relationships must be explicitly described in
each proposal scenario. The City will contract with only one primary
Contractor for the recycling services.
-y-
Packet Page Number 45of87
The contents of this RFP, the successful proposal, and any written
clarifications or modifications to the contents thereof submitted by the
successful proposer shall become part of the contractual obligations and be
incorporated by reference into the ensuing contract. If any provision of the
contract is in conflict with the referenced RFP or proposal, the contract shall
take precedent.
The City will objectively evaluate the proposals submitted to determine the
best value for the City and its residents. A comprehensive set of criteria will
be used to quantify the merits of each proposal package, including (but not
limited to):
These evaluation criteria are not presented in any special order. No rankin
of these criteria within this RFP is intended or implied. The City also may u
other that serve the City's stated intent and goals of this RFP and of the ne
recycling contract. I
k! I Li
WJEz1T=-- qM* I
The Contractor shall have a duty to pick up missed recycling collections. The
Contractor agrees to pick up all missed collections on the same day the
Contractor receives notice of a missed collection, provided notice is received
by the Contractor before 11:00 a.m. on a business day. With respect to all
notices of a missed collection received after 11:00 a.m. on a business day,
Packet Page Number 46 of 67
the Contractor agrees L0 pick up that missed collection before 4:00 p.m. on
the following business day.
K2. City retains right to specify resident preparatiovi
instructions
The Contractor shall agree that it is the City's sole right to clearly specify the
resident sorting and setout requirements. The City shall publish and
distribute, on an annual basis, the detailed recyclables preparation
instructions for its residents as part of its annual public education flyer.
However, the City agrees to confer with the Contractor before the annual flyer
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MMIM10=0
The Contractor will submit to the City monthly reports and annual reports. At
a minimum, the Contractor shall include the following information:
'I
Gross amounts of materials collected, by recyclable material (in tons).
Monthly reports shall be due to the City by the 15 Ih day of each month.
Annual reports shall be due by January 31. The Contractor will be
improvement in the City's recycling program (e.g., public education,
multifamily recycling, etc.).
7MT!�
(Note: The City is in the process of adopting a new "anti-scavenging"
provision in its solid waste ordinance that will promulgate regulations to make
it explicitly illegal to scavenge recyclables.)
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Packet Page Number 48 of 67
LAI C4 i
The Contractor shall clean up any material spilled or blown during the course
of collection and/or hauling operations. All collection vehicles shall be
equipped with at least one broom and one shovel for use in cleaning up
material spillage. Designated recyclables shall be transported in a covered
vehicle so that the recyclables do not drop or blow onto any public street or
private property during transport.
29. Recyclable materials required to be transported t
markets, Disposal prohibited i
MM .
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Packet Page Number 50 of 67
9. Failure to receive City written approval of changes to the "dual stream"
collection and processing systems prior to implementing any such change
- $5,000.
IF#Tilrsr-.rarl 114118MIN
These amounts will be for liquidated damages for losses suffered by the City
and not penalties.
F lil,311 III]II II I il� IIIII, I
"IIIIIIII . III III 1 11111414 100
MAL-in
All curbside collection service will occur at the curbside (i.e., no alley
collections of residential recyclables are allowed for residents with curbside
collection service).
III 11::� III II I II iilli�� IIII�Ij
The City assumes that all residents receiving curbside collection service will
be collected once every two weeks as per the current system. Vendors may
wish to consider weekly collection as a variation. If vendors propose weekly
collection, this must be stated clearly in the proposal and the proposed price
implications must be explicit.
38. Procedure for handling non-targeted materials
If Contractor determines that a resident has set out non-targeted materials,
the driver shall use the following procedure:
t. Contractor shall leave the non-targeted materials in the resident's
curbside recycling bin and leave an "education tag" indicating acceptab
materials and the proper method of preparation.
2. The driver shall record the address and the Contractor shall report the
address to the City within the monthly report.
If this procedure for handling non-targeted materials is not feasible for
automated or semi-automated collection systems, the vendor must so specify
and explain alternative public education systems to maintain and improve
quality
• recyclables set out by City residents.
111111liMl
Packet Page Number 51 of 67
MULTI FAMILY DWELLING ( MFD) COLLECTION
REQUIREMENTS
The following collection requirement are for MFD recycling services only a
do not pertain to curbside collection services. I
MFD recycling stations will be specified with agreement of the MFD building
#wner on a case-by-case basis. MFD recycling stations will likely be a cluster
*f recycling carts and/or recycling clumpsters (e.g., for old corrugated
cardboard). The number and location of MFD recycling stations shall be
idequate to be reasonably convenient and accessible to all MFD residents.
41. MFD container location(s)
MFD Recycling containers shall be placed in a location(s) on the MFD premises
which permits access for collection purposes but which does not obstruct
pedestrian or vehicular traffic and shall comply with the City's zoning and
other ordinances.
Fliro F-17i
At a minimum, MFD recyclables collection services shall be available on the
premises and shall be provided on a regularly scheduled basis of at least
twice a month. The collection schedule and recycling containers' capacity
shall provide for regular removal of the recyclables such that there is
adequate storage capacity available in the recyclable containers to avoid
overflowing containers.
43. MFD recycling container requirements
The recycling containers shall be:
Packet Page Number 52 of 67
44. Responsibility for providing and maintaining recycling
containers
If the MFD building owner uses the City's Contractor, adequate MFD recycling
containers shall be provided and maintained by the City's Contractor.
45. Public education information for MFD tenants
At least once per year, the City's recycling Contractor shall supply the MFD
building owner with the sufficient number of recycling fact sheets with
instructions for the tenants in their building(s).
46. Other public education tools to MFD residents
Vendors are encouraged to specify other public education tools that the
Contractor will provide, in cooperation and coordination with MFD building
owners.
_17_
Packet Page Number 53 of 67
ELIO' i ! III
& A M .
III@ MINIMUM , No
I M -
111111 Fill I
$1,000,000 personal and advertising injury, $1,000,000 each occurrence
$500,000 fire damage and $50,000 medical expense any one person. The
policy shall be on an "occurrence" basis, shall include contractual liability
coverage and the City shall be named an additional insured.
owallorgal
MAN M a] I SOMMIN KII MIAI 01 1M."ANTI 11 AMII Ull IMMI] W-Ing-r-RAMM 1112LI&IILWIWA W
F
Packet Page Number 54 of 67
;M8111
0
9141 1 MIA
The parties agree that any controversy or claim arising out of or relating t
this agreement or the breach thereof, shall be settled, at the option of the
Vendee by arbitration in accordance with the Rules of the American
Association of Arbitration and judgment upon the award by the Arbitrator(
may be entered in any court with jurisdiction thereof. I
I =..
The contract shall specify requirements for a performance bond in the case of
the Contractor's failure to perform contracted services. The performance
bond shall be for a minimum of $150,000.
H=7
The Contractor agrees to comply with all applicable Federal, State and local
laws and regulations governing funds provided under this contract.
Once negotiations begin, the City will provide draft contract language to the
preferred vendor to address other standard legal requirements. (Note:
These requirements may include, but not be limited to: specification for
performance bond, prevailing wage; anti-trust, arbitration, human rights, City
administrative ordinance;
1111111iJ11=1
Packet Page Number 55 of 67
- n
Wil 14 Fast to
The Contractor agrees to maintain the necessary source documentation and
enforce sufficient internal controls as dictated by generally accepted
accounting practices to properly account for expenses incurred under this
contract.
The Contractor shall retain all records pertinent to expenditures incurred
under this contract for a period of three years after the resolution of all audit
findings. Records for non-expendable property acquired with funds under this
contract shall be retained for three years after final disposition of such
property.
.7
The Contractor agrees to comply with the Minnesota Government Data
Practices Act and all other applicable state and federal laws relating to data
privacy or confidentiality. The Contractor must immediately report to the City
any requests from third parties for information relating to this Agreement.
The City agrees to promptly respond to inquiries from the Contractor
concerning data requests. The Contractor agrees to hold the City, its officers,
Packet Page Number 56 of 67
U1111PLUTARRI 9
ngr Mor
All Proposals shall be treated as non-public information until the proposals are
opened for review by the City. At that time the Proposals and their contents
become public data under the provisions of the Minnesota Government Data
Practices Act, Minn. Stat. C. 13.
7_77*7 4"
All Contractor records with respect to any matters covered by this agreement
shall be made available to the City or its designees at any time during normal
business hours, as often as the City deems necessary, to audit, examine, and
make excerpts or transcripts of all relevant data.
The laws
• the State • Minnesota shall govern all interpretations of this
contract, and the appropriate venue and jurisdiction for any litigation which
may arise hereunder will be in those courts located within the County of
Ramsey, State of Minnesota, regardless of the place of business, residence
incorporation of the Contractor. I
62. Employee working conditions and respondent's safety
procedures
The Contractor will ensure adequate working conditions and safety procedures
are in place to comply with all applicable federal, state and local laws and
regulations. The City reserves the right to inspect on a random basis all
trucks, equipment, facilities, working conditions, training manuals, records of
claims for Worker's Compensation or safety violations and standard operating
procedures documents.
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Packet Page Number 58 of 67
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ATTACHMENT B -
PRICE WORKSHEET
Instructions for MaMewood RFP i3rice worksheet
All proposers must fill out at least one of the "Dual stream" or "Single stream"
proposal scenario price worksheets. In addition, proposers also may complete the
optional "Additional alternate proposal scenario" worksheet. Proposers may subrrAl
multiple scenarios.
Vendors may fill in the attached form or use their own in similar formats. However,
the contents in the attached price worksheet must be included if alternative formats
are submitted.
Packet Page Number 60 of 67
ATTACHMENT B
F
(Continued)
Company name:
Contact person:
Title:
Phone:
Address:
E-mail:
Note: Proposers must complete at least one of the "Dual stream" or "Single stream"
worksheets below.
A. "Dual stream" proposal scenario:
Proposed price per ton to the City per ton of total
for all recycling services $ recyclables
Revenue share proposal:
$ per ton of aluminum
B. "Single stream" proposal scenario:
Proposed price per ton to the City per ton of total
for all recycling services $ recyclables
Revenue share proposal:
$ per ton of aluminum
(Continued)
Packet Page Number 61 of 67
Note: In addition to at least one of the previous worksheets, proposers may also submit an
"Additional alternate" worksheet below. Proposers must provide adequate descriptions of any
such additional alternate proposal (e.g., collection, processing and public education systems
designs).
- • 4 0 • .
Proposed price per ton to the City
for all recycling services
per ton of total
$ recyclables
MM=-
MEMISIMMIUMMIMEM
I
per ton of all paper
grades
percent of published
Aluminum "gross" revenue share percentage % aluminum price index
waim
$ per ton of aluminum
Packet Page Number 62 of 67
CITY'S 2005 PUBLIC EDUCATION FLYER,
Bottles and Jars
(Clear, Brown, Green)
-Plastic Bottles
Liquor bottles, milk bottles
(No caps or rings)
#1 Plastic
#2 Plastic with seams and neck
MIAMPARIALREN r.
Remove lids and metal rings and rins
Place unbroken glass in recycling bini
Please contact Maplewood
MISSED PICKUP
Recyclables will be picked up at the
-27
Packet Page Number O3of87
Jan
Feb
March
April
May
June
July
August
Sept
Oct
Nov
Dec
Em
Jan
11,25
Jan
4,18
Feb
8,22
Feb
1,15
March
8,22
March
1,15,29
April
5,19
April
12,26
May
3,17
May
10,24
June
*1,14,28
June
7,21
July
12,26
July
*6,19
August
9,23
August
2,16,30
Sept
*7,20
Sept
13,27
Oct
4,18
Oct
11,25
Nov
1,15,29
Nov
8,22
Dec
13,27
Dec
6,20
�
EM
Packet Page Number 64 of 67
10,24
7,21
7,21
4,18
2,16,31
13,27
11,25
8,22
*6,19
3,17, 31
14,28
12,26
Jan
Feb
March
April
May
June
July
August
Sept
Oct
Nov
Dec
3,17,31
14,28
14,28
11,25
9,23
6,20
*5,18
1,15,29
12,26
10,24
7,21
5,19
";t
R ■ AND c
Jan
12,26
Jan
5,19
I'
District 2
Feb
2,16
March
Alre�ideneesa3sto#
March
.
117.hi. bear Aur rf ue
6,20
April
13,27
May
4,18
Gyl �
11,25
June
*2,15,29
June
8,22
L 1
.1 rea>9enca�iu e-t Gf
13,27
July
*7,20
Wtrite Bear.Avenue
F
i
August
3,17,31
Sept
*8,21
Sept
14,28
Oct
5,19
Oct
12,26
Nov
2,16,30
Nov
9,23
Dec
14,28
Dec
7,21
i
i
i
Jan
12,26
Jan
5,19
Feb
9,23
Feb
2,16
March
9,23
March
2,16,30
April
6,20
April
13,27
May
4,18
May
11,25
June
*2,15,29
June
8,22
July
13,27
July
*7,20
August
10,24
August
3,17,31
Sept
*8,21
Sept
14,28
Oct
5,19
Oct
12,26
Nov
2,16,30
Nov
9,23
Dec
14,28
Dec
7,21
Ia]RIIVI "fib =x]1.19 :4[1a
Jan
13,27
Jan
6,20
Feb
10,24
Feb
3,17
March
10,24
March
3,17,31
April
7,21
April
14,28
May
5,19
May
12,26
June
*3,16,30
June
9,23
July
14,28
July
*8,21
August
11,25
August
4,18
Sept
*9,22
Sept
1,15,29
Oct
6,20
Oct
13,27
Nov
3,17
Nov
10, *25
Dec
1,15,29
Dec
8,22
Packet Page Number 65 of 67
Attachment 4
Benefits and Challenges of Single- Stream Recycling
Collection
Benefits:
■ Increased participation by residents because no sorting is required.
■ Wheeled carts are convenient for residents, making it easier to place materials on the
curb for collection.
■ Increased participation by small businesses and multi - family apartment buildings. In
areas where space is limited, the wheeled carts used for single - stream collection
require less space than several dumpsters.
■ Increased amount of recyclable materials collected.
■ Less litter on windy days.
■ Reduced collection costs for the hauler. The fully automated system results in faster
collection times. Also, many single - stream collection routes are on an every- other-
week schedule instead of weekly, resulting in cost savings to the hauler.
■ Reduced worker injury and workers' compensation costs for the hauler.
Challenges
■ Increased monthly cost to homeowner or municipality. Typically, single - stream
recycling collection costs are higher than dual- stream collection.
■ Higher capital costs for automated collection vehicles purchased by the hauler.
■ Higher capital costs for lidded, wheeled carts. (May be purchased by the hauler or
the municipality.)
■ Increased costs for processing commingled material.
■ Increased contamination levels, which can have a negative impact on the
marketability of materials sent to end- userlmanufacturers.
■ More difficult to educate residents about what should or should not be placed out for
recycling. Typically the driver does not get out of the vehicle when picking up
single- stream recycling carts; an automated arm is used to empty the cart into the
truck. It is less likely the driver will notice any unacceptable materials placed in the
cart, so residents are not made aware of improper recycling setouts.
■ Some manufacturers claim the quality of recovered materials is poor. Contaminants
reduce operating efficiencies. Many times new equipment must be purchased or
upgrades made to address contaminated feedstocks. An often cited example is
broken glass in bales of newspaper; the glass causes significant problems for paper
mills.
■ Once a single- stream program is implemented, it would be very difficult to go back
to a dual - stream or source separated system.
Packet Page Number 66 of 67
'.
Benefits:
■ Lower monthly cost to homeowner or municipality. Typically, dual- stream
collection programs cost less than single - stream programs. (While the collection
costs are higher for the hauler, the processing costs are lower because the material is
cleaner, resulting in lower overall costs.)
• Typically capital costs for collection vehicles are lower because there is less
automation compared to fully- automated trucks used for single- stream collection.
• Lower capital costs for curbside bins, which are typically purchased by the
municipality.
• Lower costs for processing recyclable materials that are already separated into fiber
and container streams.
• Lower contamination levels, which can have a positive impact on the marketability
of materials sent to end-user/manufacturers.
■ Easier to educate residents about what should or should not be placed out for
recycling. When the driver gets out of the vehicle and manually places the materials
into the divided sections of the truck, he or she is more likely to notice any
unacceptable material and can then leave the item(s) behind with a reminder notice
of how to properly prepare materials for recycling collection.
Challenges
■ May result in decreased participation by residents because fiber and containers must
be sorted into two categories (less convenient than single - stream).
■ Some residents may have difficulty carrying the 18- gallon bin to the curb for
collection, especially if the bin contains a lot of newspaper and glass which are
heavier than plastic, aluminum and tin cans.
■ Can result in litter on windy days.
■ Collection costs for the hauler may be higher due to the length of time it takes to
complete a route because the driver must exit the cab of the collection vehicle at
every stop. In addition, many dual - stream routes are on a weekly schedule,
compared to single- stream which tends to be every - other -week (due to the capacity
of the bins versus carts).
■ Increased worker injury and workers' compensation costs for the hauler because
collection is manual, not automated.
Packet Page Number 67 of 67