HomeMy WebLinkAbout2009-10-19 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION
Monday, October 19, 2009
7:00 p.m.
Council Chambers - Maplewood City Hall
1830 County Road BEast
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes:
a. September 21, 2009
5. New Business
a. Energy Efficiency and Conservation Strategy
b. Chickens in Residential Zoning Districts
c. Commission Handbook
6. Unfinished Business
a. Eureka Recycling Contract Amendment
b. Alternative Energy Ordinance (Tabled Until November)
7. Visitor Presentations
8. Commission Presentations
a. Subcommittee Reports
1) Stormwater
2) Greenways
3) Trash Hauling
b. Fish Creek Greenway Ad-Hoc Commission - Update by Commissioner Yingling
9. Staff Presentations
a. Environmental and Natural Resources Commission Term Expirations
b. Recap of Slope Tour
c. Fall Clean Up Event - October 24, 8 a.m. to 1 p.m., Gethsemane Church
d. Joy Park Buckthorn Pull- November 14,9:30 a.m. to 12 noon
e. Wetland Ordinance Update
f. Maplewood Nature Center Programs
10. Adjourn
Agenda Item 4.a.
DRAFT
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
September 21, 2009
7:00 p.m.
COUNCIL CHAMBERS - MAPLEWOOD CITY HALL
1830 COUNTY ROAD BEAST
1. Call to Order - 7:00 p.m.
Chair Mason Sherrill stated six out of seven commissioners were present; there was
quorum.
2. Roll Call
Commissioners Present
Commissioner Carole Lynne
Commissioner Frederica Musgrave
Commissioner Bill Schreiner
Chair Carol Mason Sherrill
Commissioner Dale Trippler
Commissioner Ginny Yingling
Commissioners Absent
Commissioner Judith Johannessen
Staff Present
Shann Finwall, Environmental Planner
Bill Priefer, Recycling Coordinator
3. Approval of Agenda
Commissioner Musgrave requested adding an agenda item under number 8 regarding
Sandy Lake and the St. Paul Regional Water Services. Ms. Finwall requested to add two
items under Staff Presentations regarcling chickens in the city, and an update on the
wetland ordinance. Commissioner Musgrave made a motion, seconded by Bill Schreiner,
to approve the revised agenda. The motion passed by a vote of 6 to O.
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4. Approval of Minutes
July 20,2009. There were corrections made to the minutes and Commissioner Schreiner
made a motion to approve as amended, seconded by Commissioner Yingling. The
motion carried by a vote of 6 to O.
August 17, 2009. There were corrections made to the minutes and Commissioner
Yingling made a motion to approve as amended; seconded by Commissioner Trippler.
The motion carried by a vote of 4 to 1, with Commissioner Musgrave voting against the
minutes and Commissioner Schreiner abstaining.
5. New Business
a. Eureka Recycling Contract Amendment
Tim Brownell, President and Chief Operating Officer, and Christopher Goodwin, of
Eureka Recycling were present at the meeting. Bill Priefer, the city's Recycling
Coordinator, was also present and gave a short summary on the current recycling
program in Maplewood. He reviewed the current contract and the new proposal, which
would change the city collection from a per-ton to a per-household basis. He said this
would cause cost increases to the city; however it should stabilize over the next three
years. Mr. Brownell talked about changes over the past few years, and the economic
reasons behind these changes. Ms. Finwall proposed to extend the current contract with
Eureka Recycling to 2012.
Commissioner Trippler stated that there is no language in the contract that allows for an
extension or an amendment. To be fair and transparent, the city should probably go out
for proposals rather than just amending the existing contract.
Environmental Planner Finwall recommended that the item be tabled to allow the city
attorney time to review the contract and determine if an extension or amendment is event
feasible.
Commissioner Trippler made a motion to table this item, seconded by Commissioner
Musgrave. The motion carried by a vote of 6 to O.
b. Kohlman Lake Total Maximum Daily Load Draft Report
Environmental Planner Finwall introduced Cliff Aichinger, the Ramsey-Washington
Metro Watershed District Administrator.
Mr. Aichinger said the watershed district has completed a TMDL study of Kohlman Lake
over the last year. The Minnesota Pollution Control Agency has reviewed the study and
has issued the study for public comment, which ends September 30, 2009. The report
reflects that Kohlman Lake is impaired with excess phosphorous. A phosphorus
reduction of 3 8% during the growing season will be required to clean up the lake. The
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watershed district will be implementing several projects over the next ten years to reduce
phosphorus entering into the lake. Other contributors, such as cities and the Department
of Transportation, will also be reducing phosphorus loads to the lake as road and
development improvement projects are made. Mr. Aichinger ended by giving contact
information for the Pollution Control Agency stating that the report and study are on the
PCA Web site.
The commission posed several questions regarding the study. In particular the
commission was interested to know why Kohlman Lake was chosen as the first lake to
. complete a TMDL study.
Mr. Aichinger stated that the watershed district had grant money available for the study
along with the carp study they are conducting in the lake. In addition, Kohlman Lake is
the first lake in the Phalen chain oflakes.
6. Unfmished Business
a. Wind Turbine Ordinance
Environmental Planner Finwall stated during the last several months the city has received
inquiries from schools and commercial businesses about wind turbines. She stated
Maplewood does not have a wind turbine ordinance; however the city has a cell tower
ordinance that she suggested the commission review as a guideline for regulating towers.
Ms. Finwall included the American Wind Energy Association model wind turbine
ordinance for review by the commission.
The commission discussed aspects of the model ordinance and determined it may be too
lenient for an urban setting. The commission agreed that they would like to include other
alternative energy sources in the ordinance, not just wind.
Commissioner Musgrave stated that since the wind turbine regulations deal with zoning
and setbacks that perhaps the best place for such an ordinance to start would be with the
planning commission. Commissioner Musgrave made a motion to forward information
gathered by the Environment and Natural Resources Commission to the Planning
Commission, and request recommendations to come back to the commission. The
motion failed for lack of a second.
Commissioner Yingling stated that she sees Commissioner Musgrave's point about
review by the planning commission. However, since the alternative energy piece is really
an environmental issue, the original policy should come from the Environmental
Commission first.
Ms. Finwall stated that she will continue to modifY the ordinance to include other
alternative energy sources and bring it back for review by the commission at a later date.
7. Visitor Presentations
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Elizabeth Sletten, 2747 North Clarence Street, made comments about a detailed
application report pertaining to runoff from the old Ramsey County compost site into
Kohlman Lake. She said this report includes permit numbers, organizations, and
resource names and dates. She gave the commission permit numbers and dates, and she
encouraged the commissioners to research this information. She said it is available to the
public, and anyone can contact the Department of Natural Resources for this information.
8. Commission Presentations
Subcommittee Reports
Stormwater: Environmental Planner Finwall said that the city engineer and the city's
stormwater consultant SEH will be putting together a draft stormwater ordinance for
review by the stormwater subcommittee and full commission in the future.
Greenways: Chair Mason Sherrill said the greenway subcommittee is planning a second
greenway tour of the Battle Lake/Holloway greenway on September 30. It is the
subcommittees hope to have toured all four greenways by the end of the year, and then
begin reviewing policies on how best to preserve and enhance those greenways.
Trash hauling: Commissioner Trippler said at the last meeting they directed staff to put
information together regarding the subcommittee's findings, and possibly at the October,
2009 meeting they will have information to share.
Fish Creek Ad-Hoc Commission Report: Commissioner Yingling said there will be a
public meeting on October 1, 2009. She said letters will be sent to the residents who live
in that greenway area. The meeting will be in the council chambers from 7:00-9:00 p.m.
and will include a brief presentation of what the greenways are, and opportunities and
challenges in terms of protecting the land. Environmental Planner Finwall showed a
brochure of A Hike ofFish Creek which will be sponsored by the Friends of Maple wood
Nature. It will be held on Saturday, October 17,2009 from 1:15-3:00 p.m. For
additional information, she said to call the Maplewood Nature Center at 651-249-2170.
Sandy Lake/St. Paul Regional Water Services: Commissioner Musgrave said she
watched part ofthe last city council meeting and asked why the Sandy Lake issue was not
brought before their commission. Ms. Finwall said a conditional use permit was issued to
the St. Paul Regional Water Services in order to crush and process old pavement from
water main projects on the Sandy Lake lime beds. However, before operations could
begin they had to complete capping the Sandy Lake lime beds. The capping of the lime
beds included hauling of dirt and fill to the site, which was apparently causing a nuisance
to surrounding residential properties. One of the neighbors had expressed concern during
city council visitor presentations which spurred an entire conditional use permit review
be brought back to the city council.
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9. Staff Presentations
Slope tour: The slope tour is scheduled for September 29,2009, at 5 p.m.
Fall clean up day: Fall clean up day is scheduled for October 24, 2009 from 8 a.m. to 1
p.m. at Gethsemane Church.
Joy Park Buckthorn Pull: The joint buckthorn pull at Joy Park is scheduled for
November 14, 2009 from 9:30 a.m. until noon.
Nature Center Programs: Ms. Finwall announced upcoming programs.
Chickens: Ms. Finwall said Commissioner Musgrave posed the question about whether
Maplewood allows chickens in residential areas. Currently, the city prohibits chickens or
any other poultry in residential zoning districts. Two residents have also inquired about
the feasibility of allowing chickens in their yard. Ms. Finwall will do some research and
bring the item back for review by the commission in the future.
Wetland Ordinance: Ms. Finwall said there will be a public forum on this ordinance on
September 28, 2009 at 7:00 p.m. in conjunction with the city council meeting.
10. Adjourn
Commissioner Schreiner made a motion to adjourn the meeting, seconded by
Commissioner Musgrave. The motion passed unanimously. The meeting was
adjourned at 9:35 p.m.
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Agenda Item 5.a.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Energy Efficiency and Conservation Strategy
October 13, 2009, for the October 19 ENR Commission Meeting
INTRODUCTION
The International Energy Agency estimates that the United States' economy is the least energy-
efficient among industrialized countries. The Environmental Law and Policy Center estimates
that Minnesota could reduce future energy consumption by 28 percent by aggressively
implementing energy efficiency programs. Local governments have an opportunity to playa
strong role in the reduction of energy use within the state. As such, Maplewood has an
enormous potential to decrease our energy consumption and costs by using energy more
efficiently. The creation of an energy efficiency and conservation strategy (EECS) is the first
step to achieving that goal.
BACKGROUND
Maplewood will be receiving grants totaling $163,900 as part of the Energy Efficiency and
Conservation Block Grant (EECBG) program. The EECBG program, funded by the American
Recovery and Reinvestment Act, provides grants for projects that reduce total energy use and
fossil fuel emissions, improve energy efficiency, and spur economic growth. The grants also
empower local communities to make strategic investments to meet local, state, and national
long-term clean energy and climate goals. Maplewood energy efficient projects covered by the
grants include:
. Replacement of two boilers at City Hall with more energy-efficient boilers.
. Heating, ventilation, air conditioning (HVAC) efficiency upgrades at City Hall.
. Energy efficient lighting upgrades at the Community Center and Goodrich Park.
. Contribution to Maplewood Mall parking lot energy efficient lighting upgrades.
As part of the grant requirements the city must complete an EECS that describes the energy
goals and proposed plan for the use of the grant monies. This requirement aligns with one of
the Maplewood Green Team's 2009 goals, which is to promote energy conservation in city
operations and the community. The Maplewood Green Team is made up of a group of city
employees who take time away from their regular duties to assist the city in sustainable
initiatives. The strategy will be reviewed by the Green Team and the Environmental and Natural
Resources (ENR) Commission, and will be approved by the City Council. The deadline for
submittal of the strategy is December 31, 2009.
DISCUSSION
The EECS will provide a roadmap for reducing energy use and lowering energy costs for
government, business, and residents. At a minimum, the strategy must include the following:
1. Summary of measurable energy efficiency and conservation goals and objectives.
2. Schedule for major energy efficient and conservation milestones.
3. Implementation plan for energy efficiency and conservation block grant program funds
(as described above).
4. How the EECS will be shared with adjacent local governments and the state.
5. How the EECS will sustain benefits beyond the grant period?
6. EECS monitoring.
Getting Started
The city has hired Short, Elliot, Hendrickson (SEH) to assist with the development of the EECS.
George Johnson, senior scientist with SEH, will be present during the October 19 ENR
Commission meeting to give a short presentation and go over the draft strategy (Attachment 1).
The city has published the October 19 ENR Commission meeting as a public forum in order to
gain feedback on the EECS. Citizens and business owners may be present to view the
presentation, ask questions, and offer suggestions.
To accomplish the required elements of the strategy the city will have energy audits conducted
on city buildings and facilities in order to determine opportunities for energy efficiency
improvements. The Retired Engineer Technical Assistance Program (RETAP) will be
conducting the energy audits. Due to time constraints, RETAP will only be able to complete an
energy audit on the Maplewood Community Center prior to the December deadline. Mr.
Johnson recommended that the Community Center be the first building to be audited because it
is the largest city building and largest energy user. The results of the Community Center's
energy audit will be evaluated and a timeline for implementation of the energy efficiency and
conservation opportunities will be drafted as part of the strategy. Results of future energy audits
will be implemented into the strategy as well.
Larry Farr, Chief Building Engineer, has provided utility information to Mr. Johnson which will be
integrated into the final energy strategy as baseline data. Mr. Farr will be available during the
October 19 ENR Commission meeting to answer questions about energy efficiency
improvements the city has made over the last few years and projects that will be needed in the
future.
Green Team Review
On September 23, 2009, the Maplewood Green Team and representatives of the Maplewood
Mall brainstormed the following questions on their own experiences in energy efficiency and
conservation:
1. What specific things could you do to improve the energy efficiency of your department?
2. What specific things could you do to improve the energy efficiency of other department
in the City of Maplewood?
3. What specific things could you do to improve the energy efficiency in your home?
Based on answers to these questions, it was clear that members of the Green Team are aware
of the need for energy conservation at every level of city operations. The Green Team provided
a number of energy efficiency and conservation strategies, which are outlined in the draft EECS.
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Energy Efficiency and Conservation Strategy Outline
Mr. Johnson has reviewed the city's previous work on energy efficiency and conservation
including the draft Comprehensive Plan Sustainability Chapter and the Sustainable Maplewood
- Green Work Place (Energy) project. Elements of that work have been woven into the draft
EECS. The strategy is based on the following outline:
1. Community Vision for Energy Efficiency and Conservation
2. Recognition of Stakeholders Who are Part of the Planning Process
3. Baseline and Projected Energy Sources and Uses
4. Overall Goals
4.1. For reducing fossil fuel emissions in a manner that is environmentally sustainable
and maximizes benefits for local and regional communities
4.2. For reducing total energy use; and
4.3. For improving energy efficiency in the transportation, building, and other
appropriate sectors.
5. Plan for Maximizing the Benefits to the People and Businesses of the Region
5.1. Household and business cost savings
5.2. Community and economic development
5.3. Livability and environmental quality
5.4 Greenhouse gas emissions reductions
6. Priority Actions by Sector
6.1. Building Energy Efficiency
6.2. Clean and Renewable Energy
6.3. Transportation and Land Use
6.4. Reduced Waste
6.5 Other
7. Implementation Action Plans
8. Budget, Funding, Leverage, and Sustainability Plan
9. Communications and Engagement Plan
10. Jobs and Economic Development Plan
11. Alignment with Plans of Adjacent Municipalities and the State
12. Plan for Tracking and Sharing Progress
RECOMMENDATION
During the October 19 Environmental and Natural Resources Commission meeting, George
Johnson, senior scientist with SEH, will give a presentation and answer questions regarding the
draft energy efficiency and conservation strategy. The commission should review the attached
draft strategy, take public comment, and offer feedback on the strategy. Commission and public
feedback will be integrated into the strategy for review by the Green Team and Environmental
Commission one last time in November. Final review of the strategy is scheduled by the City
Council on November 23 or December 14.
Attachment: Draft Energy Efficiency and Conservation Strategy
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Attachment 1
DRAFT
Energy Efficiency and Conservation Strategy Plan
City of Maplewood, Minnesota
October 14,2009
Background Data Compiled by George Johnson, SEH
In response to sample of questions, the Green Team brainstormed on their own
experiences in energy efficiency and conservation:
1. What specific things could you do to improve the energy efficiency of your
department?
2. What specific things could you do to improve the energy efficiency of other
department in the City of Maplewood?
3. What specific things could you do to improve the energy efficiency in your
home?
Members of the Green Team were clearly aware of the need for energy
conservation at every level of their operation. They provided a number of
suggestions in a roundtable brainstorming session in September 2009. These
included:
. Consider installing LED exterior lighting in a number of community facility
applications.
. Make a concerted effort to turn off interior and exterior lighting when not in
use and considering installation of automatic light/motion controllers in highly
trafficked areas or offices.
. Office staff felt that great savings could be obtained by minimizing the number
of paper copies of documents made.
. There was a strong preference for double-sided copies where possible and
acclimation to reliance on electronic versions of documents and internet
archives for most purposes.
. Installation of a timer on the Community Center's pool pump.
. There was general agreement on the need to reduce excessive personal
computer use at home and at work.
. There were multiple suggestions to converting to fluorescent bulbs.
. The idea of urban wind towers was recommended for city buildings.
. Comments were made about the large number of small appliances used in city
offices, heaters, fans coffee makers, refrigerators and others. This appliance use
should be reduced and the existing equipment replaced with higher efficiency
units as time goes on.
. Maplewood is participating in the B3 Benchmarking program for energy use
that should yield future benefits with the State of Minnesota.
. The idea was presented to upgrade all existing equipment to EP A Energy Star
standards.
. The need to seal completely the city building envelope, especially for city hall
was recognized.
. As part of the Federal Energy Grant Maplewood is replacing two older boilers
with more efficient models for City Hall Lamp replacements in the Community
Center have been undertaken.
. Zone sensors for lighting were recommended for these areas.
. A key purchase from the Federal Grant is new improved heating and cooling
electronic control systems.
. Other ideas presented included staggered work schedules and telecommuting in
those limited circumstances where this is feasible.
. Staff was reminded by the IT support to turn off their computers when not in
use.
. It is cognizant of the need for energy conservation and is instituting a number
of measures to save energy.
. These include automatic computer shutoff programs when not in use, new
power strips and more paperless and telecommuting activity. The IT group
also ensures all new equipment is energy star rated. In reconfiguring the server
farms for the city IT department has moved to virtualization which significantly
reduces the number of server units and the power consumption.
. Public Works has moved to a new higher energy saving facility in the existing
campus of Maplewood.
. The city has purchased and electric car and is monitoring fuel consumption of
all city departments.
. Public Works has gone to a 4 by 10 operations schedule and allows some
flexibility in scheduling for personal needs.
. The Nature Center is well designed to begin with.
. Their efforts have focused on ecological education.
. This could certainly be expanded to included energy aspects of environmental
education
. Possibly this would be a good demonstration site for advanced renewable
energy technology such as solar cells, urban wind turbines and groundwater
heat pumps.
. Representatives from the Maplewood Mall who were receiving a small share of
Maplewood's energy grant talked about their unique problems with commercial
tenants and the energy management techniques and systems they had instituted.
They also agreed to assist the City of Maplewood in energy related
environmental education by providing a kiosk to distribute relevant information
to shoppers at the Mall.
The Maplewood Building Chief Engineer, Larry Farr has provided utility
information that will be integrated into the final energy plan as baseline data.
Mr. Farr gave me a personal tour of the three main components of the Maplewood
government campus. He pointed out areas where improvements had been made,
were being made and were needed in the future. His technical knowledge is .
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formidable and he is clearly doing many ofthe things Maplewood needs done. It
appears that he is operating with an Operations and Maintenance budget that will
require several years to make necessary improvements and repairs. There are some
areas and problems, which are being neglected, due to lack of immediate funds.
On the positive side, Maplewood has adopted the new State of Minnesota Energy
Code requirements for new buildings and major remodels. Mr. Fisher is justly
proud of this forward -looking strategy. The city is using frequency drives on
every power system and has upgraded almost all of its lighting to more efficient
lamps. All toilets are water savers. The city is retrofitting old light fixtures by
changing out ballasts. There is some new energy efficient equipment in a number
of places. Daylighting is and sophisticated lighting control is used in the New
Maintenance building.
On the negative side, there is a great deal of pre-1980's infrastructure that presents
significant energy management problems. The roof and windows of the City Hall
and adjacent offices are not well insulated and there appears to be major energy
loss and Ice-danuning occurring in these roofs. There is a great deal of exposed
single pane glass windows that must contribute to heat loss. There are thermal air
conditioners with lots of wasted space. The Community Center appears to be a
major energy consumer and there could be several increased efficiencies there. The
RETAP audit will focus on this building, as this is where the greatest immediate
need seems to be for energy conservation. There are a number of old compressors
and other units operating in various places in Maplewood. These should be
replaced with higher quality units at the end of their service life.
Mr. Farr also gave me a tour of the Gladstone Fire station and the Maplewood
Nature Center. The energy consumption in these units is less than in the campus
complex but there is always room for improvement. According to Mr. Farr the
Gladstone Fire Station was the largest and most modern of the five owned by the
city. It clid seem to have an inordinate amount of glass and other minor
inefficiencies but overall it was reasonable energy efficient to my first analysis, I
have passed by a couple of the other Maplewood fire stations and this appears to be
in need of much more retrofit than Gladstone is.
I was very pleased with the Nature center. It is a small energy user and has the
potential to make.
As part ofthe Energy Plan, electrical engineers from Minnesota's Retired Engineer
Technical Assistance Program (RETAP) will conduct a formal energy audit on the
Maplewood Community Center. It is quite likely that future energy audits will be
conducted of Maplewood facilities in order of decreasing energy consumption as
permitted by available resources. The RETAP audit is at no charge to Maplewood,
however due to the increasing demand for this service, in the future Maplewood
may be asked to provide some token fee towards this service.
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INTRODUCTION
Sustainability planning requires the integration of solutions to social, economic and
environmental considerations in mutually beneficial ways while trying to preserve
or improve the community's quality of life. It has become apparent in recent years
that many of our most unsustainable practices relate directly to our dependence on
cheap fossil fuels and the energy these provide. Reducing the use of fossil fuel at
every level of American society will decrease the political, economic and
environmental stress that is caused by air pollution and global warming. The latest
general estimates are that 40 percent of the carbon dioxide emissions generated by
burning fossil fuel come from the generation of electricity. Thirty-five percent
comes from transportation and the remaining 25 percent comes from all other uses
of fossil fuel.
,
r,.;
Energy sustainabiJity means using human intelligence to find strategies and
behaviors to use less energy, to use the energy more efficiently and to increase the
percent of renewable energy in our production portfolio. At present somewhere
between 80 and 90 percent of energy used in the United States comes from
nonrenewable fossil fuel, mostly, coal, petroleum and natural gas. As this limited
supply diminishes, demand and price will have to increase. As awareness of this
harsh future economic reality dawns, we have a limited period to begin to adjust to
this new paradigm. Many energy planners and futurists are recommending what
Amory Lovins of the Rocky Mountain Institute calls the soft path to energy
independence. Our first priority is "negawatts" which means using energy
efficiency and selected conservation measures to do the same work with less
energy and to begin to change our life-styles to use less energy wherever we can.
We are called on to, "Act Locally and Think Globally"
Local governments can reduce energy use and fossil fuel emissions, and move
forward for continual improvements in energy efficiency. Maplewood is charged
with regulating and controlling land use, public safety, housing and environmental
quality. The City has many opportunities to institute improved energy efficiency
and conservation of energy resources as a common part of all design and planning
processes. Many cities have demonstrated their long-term commitment to
sustainability in response to the U.S. Mayors Climate Protection Agreement. One
key aspect of sustainability is to recognize energy efficiency as a high-priority
energy resource.
Maplewood can make a strong, long-term commitment to implement cost-effective
energy efficiency as a resource. It can broadly communicate the benefits of and
opportunities for energy efficiency. It can promote sufficient, timely, and stable
program funcling to deliver energy efficiency where cost-effective. The city can
moclifY policies to aligu with available utility incentives with the delivery of cost-
effective energy efficiency and modify ratemaking practices to promote energy
efficiency investments. Xcel Energy is the electric and gas provider for most of
Maplewood, with a small portion of the city serviced by North St. Pau1. Xcel
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Energy provides a number of programs to assist governments, businesses and
residences move toward energy efficiency.
In response to the new energy paracligm, there are only three basic alternatives:
1. Mitigate our behavior and systems to reduce energy use
2. Adapt to reduced availability of energy
3. Deal with the inability to adapt to reduced energy
NARRATIVE
1. Community Vision for Energy Efficiency and Conservation
The United States of America and the State of Minnesota are committed to
improving energy efficiency, increasing energy conservation and
maximizing the local and distributed production of renewable energy
resources. These goals are driven by a combination of economic and
environmental factors that point to the need to modifY our behavior at every
level in order to approach a more fully sustainable lifestyle. This paradigm
shift will require a deeper realization of our current impact on the
environment and a commitment at every level of society to moclifY their
behavior in ways that will reduce our consumption of fossil fuels. The
federal and state governments and utility companies finance a wide variety
of measures to improve energy efficiency, mostly through loans, grants and
tax incentives to local governments, businesses and individual citizens. A
number of the techniques cliscussed have been instituted at the Federal and
State level, but additional local implementation must be undertaken by local
units of government, businesses, industry and local residents in order to
fully accomplish the changes desired. An energy supply that can meet the
demands of the future depends on the early availability of new technology
options.
Increased efficiency of energy use is one of the most important sources of
energy that industrialized countries have. This is equally true of electricity
and heating. It also applies to the transportation sector and our use of
petroleum fuels. In adclition, many energy efficiency measures are also
economical. The costs saved for many energy improvements are greater
than the investment and capital costs for the energy-saving technology
when measured over the life cycle of the technology. The payback period
generally accepted by the industry is three to five years, which reflects any
rebates and returns on investments. Technology in many cases is outpacing
energy efficiency measures.
Shift towards more efficient technologies is not automatic. The forces that
resist change are too great. These include the lack of knowledge about
efficiency technologies, the lack of capital to make changes immediately,
the inertia to changing established patterns of behavior, the lack of financial
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incentives for decision-makers, and established business relationships.
There is not just one single way of using the potential of increased energy
efficiency. An entire tool kit is needed to fIx the many problems energy
inefficiency has left us.
The City of Maple wood is committed to becoming a sustainable community
by 2050. They have demonstrated this resolve by signing the United States
Mayor's Climate Protection Agreement, which obligates cities to meet
carbon reduction targets established by the Kyoto protocol. The city is
taking proactive steps to protect its air, water, natural and urban landscape,
by focusing on carbon emission reduction activities in the areas of energy
efficiency and conservation. Target areas include improving heating,
cooling and lighting efficiency in municipal builclings, providing a cleaner
energy supply, and increased use of alternative fuels in stationary assets and
transportation options, improved recycling and waste reduction,
reforestation and preservation of green spaces, reduction in stormwater
runoff and improved water quality.
It is recognized that this community vision cannot be accomplished quickly
or inexpensively. Maplewood officials and key staff members have
undertaken an ongoing plan to address many aspects of the sustainability
issue. Planning for energy efficiency and increased conservation is a key
part of a long-term plan. In the next several years, the city will evaluate all
city-owned builclings and make the necessary improvements to improve
energy efficiency, reduce carbon footprints and save taxpayer dollars.
Maplewood is participating in the State of Minnesota Building,
Benchmarking and Beyond (B3) guidelines to identifY and prioritize energy
efficiency remediation needs of public buildings. Using this B3 protocol
also pre-qualifies the city to apply for future energy assistance funding
available from the Minnesota Department of Commerce.
In the last few years, Maplewood has made a number of improvements in
its energy efficiency practices and purchasing policies. Still, there are a
number of areas where changes are needed. This plan is an attempt to
describe where we are, describe the steps that have been taken, suggest a
number of additional possible future actions and describe where we would
like to go.
2. Recognition of Stakeholders Who are Part of the Planning Process
This energy efficiency plan and overall sustainable Maplewood plan would
not be possible without ongoing efforts of key members of city staff,
elected officials and direction of citizens of Maple wood. In particular,
Maplewood's Green team and Environmental and Natural Resources
Commission played a leading role in defining the problem, developing
alternatives, and implementing solutions.
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The Maplewood Nature Center serves an important environmental
education function that can further focus on issues of energy efficiency and
the ecosystem. Maplewood currently publishes a monthly and quarterly
publication, which has the ability to raise awareness on energy issues for
the entire city population. In addition, the city's website is a valuable
educational tool for this outlet.
3. Baseline and Projected Energy Sources and Uses
Electric and natural gas, petroleum
Utility records for the last three years will be examined for electric and
natural gas consumption at city-owned builclings. Fuel consumption by city
vehicles can be estimated by records of gasoline and cliesel fuel dispensed
from the city fuel tanks. A formal energy audit of the Community Center
through RET AP is planned. This initiative will demonstrate a methodology
that can be applied ultimately to every city-owned building.
4. Overall Goals
4.1. For reducing fossil fuel emissions in a manner that is environmentally
sustainable and maximizes benefits for local and regional
communities:
-Stationary
Building heating and cooling requires approximately 40% of all
energy consumed.
-Transportation
Transportation requires approximately 40 % of all energy consumed.
4.2. For reducing total energy use:
-Buildings: There are several approaches for improving energy
efficiency in buildings:
Thermal insulation: One of the most cost-effective ways to
improve energy efficiency in buildings is with improved thermal
insulation of roofs and outside walls. Many of our older buildings
were constructed when energy was seen as extremely cheap for the
near future. Studies have shown that one can reduce heating
requirements and C02 emissions for new buildings by an average
of about 30 percent with adequate insulation. Building codes can
7
require improved thermal insulation requirements for existing
buildings if particular retrofitting measures are made. This single
measure could result in substantial improvements in Maplewood's
building stock energy efficiency.
Insulation can also be improved by caulking or patching air leaks in
existing buildings around doors, windows and areas where builcling
additions were added. Window area is another zone of substantial
heat loss. Smaller windows in new construction, replacement of
existing single pane windows with multi-pane windows is
recommended. In cases where these options are not feasible one
should consider whether insulating window films would provide
additional heat loss prevention. Work must continue to tighten
further the standards for the conservation of heat energy in
buildings.
Building codes: You can use legal requirements such as building
codes and standards for new construction or rehabilitation of
existing structures. Maplewood has taken the step of adopting the
State Energy Code.
These codes may require the replacement of older appliances and
equipment with newer more energy efficient models. One way to
accomplish this is to take advantage of existing energy
improvement loans and subsiclies. There are also a number of tax
incentives available through the Federal and State government that
work to encourage energy improvement.
In dealing with existing infrastructure, one has the difficulty of
having to maintain that which you have while slowly and steadily
improving the buildings with incremental energy improvements as
items need replacement or new incentives become available.
Overarching regulatory policy coupled with financial support and
public education leads to the creation of markets for energy
improvements.
It is also necessary that the public be aware of these measures and
there is transparency of pilot projects in new technologies and
innovations that increase energy efficiency.
Transportation: ...................
4.3. For improving energy efficiency in the transportation, building, and
other appropriate sectors.
8
5. Plan for Maximizing the Benefits to the People and Businesses of the
Region
5.1. Household and business cost savings
Homeowners and renters are ultimately taxpayers and utility
ratepayers. They pay directly and indirectly for
5.2. Community and economic development
5.3. Livability and environmental quality
5.4. Greenhouse gas emissions reductions
6. Priority Actions by Sector:
Improving existing buildings and facilities will lower the city's energy costs
and reduce emissions. The city should develop a process to continuously
improve facility operations and set standards for the community by creating
an administrative office complex focused on energy efficiency and
sustainable development.
6.1. Builcling Energy Efficiency
The greatest potential for conserving energy in buildings can be obtained by
insulating roofs and external walls, replacing windows, installing heat
recovery systems and low-temperature boilers or gas condensing boilers.
The United States Federal Government's energy aid is focused on
improving building energy efficiency, provicling citizens with financial
assistance and information about appropriate and cost -effective energy
conservation measures. The federal government covers part of the
equipment and supply costs with grants and tax credits. They also
encourage implementation of energy conservation measures in government
and residential buildings by offering low-interest loans for this purpose.
Further assistance is available through the market incentive programs to
foster the use of renewable sources of energy.
Besides reducing energy costs, these improvements will enhance occupant
comfort; reduce deferred maintenance; decrease the need for capital dollars;
replace banned refrigerants with environmentally friendly coolants; and
lower the number of hot and cold service calls in these facilities.
For every major city-owned building an energy inventory should be
conducted including:
a. Energy Demand Analysis (computer-modeled energy audit)
1. Required for all new construction and major renovations
9
2. Optional for all existing buildings
b. Building size and materials used
c. Projected building use and HV AC systems
d. Climate conditions
e. Energy use (actual historical usage): Required for all existing
buildings (at least the last three calendar years), which is normalized
against weather data
For residential buildings, the following key energy efficiency aspects can be
implemented:
The introduction of innovations that are more efficient or newer renewable
energy technologies do not happen naturally. They require significant
changes in citizen behavior and changes in the way energy companies and
communities make their investment decisions. Local governments as
stewards of the citizen's collective resources have an obligation to adopt
energy saving techniques as soon as these are economically practicable.
The overwhelming amount of data, lack of comparative information or
imperfect knowledge on the part of citizens, facilities managers, equipment
vendors, manufacturers and policy makers may prevent introduction of
efficiency measures in many situations where these make technical and
economic sense. People are frequently unaware of all the practices and
technologies available to conserve energy. They may have misconceptions
or ignorance about new or unfamiliar technologies.
City planning staff may lack the personnel with expertise on the details of
the energy market. They may not know how to implement policies needed
to alter existing patterns of energy consumption. Legal barriers may limit
the scope of the planning activities of the energy companies. Legal
accounting procedures may impede utilities from considering investments
in their customers' facilities as part ofthe utility investment. Institutional
and legal barriers impede rates that allow utilities to recover the costs of
energy efficiency and conservation programs.
Many communities will not make investments in energy efficiency because
they lack capital to buy new energy-efficient equipment or make the
required retrofit in their installations. A certain measure might be very cost
effective, with fast payback, but it will not be implemented unless the
community can meet the up-front capital costs. In addition, energy
efficiency might not be the priority for investment. For instance, a
10
community considering the purchase of a new refrigerator might prefer a
less efficient model if it is available in the color they prefer. An industrial
customer may prefer to spend capital on a new line of products rather than
consider a retrofit in existing installations. Furthermore, it is often not the
person who pays the energy bill who is responsible for the selection and
purchase of energy-using equipment.
Several opportunities to produce and to conserve energy depend on new
technologies that might not be appropriate in some communities. Many new
and efficient technologies incorporate electronic components that rely on
good quality power to operate. Voltage fluctuations and frequent power
failures will shorten the equipment's designed lifetime.
Electricity rates (tariffs) in many instances have been a barrier to attracting
communities to invest in energy efficiency. Very often tariffs do not reflect
the marginal costs of producing electricity. Traclitional ratemaking
encourages sales of kWh (for an electric utility), and discourages efficiency
measures.
Energy efficiency programs need to consider the diversity of actors
involved and the different perceptions about costs and benefits, along with
risks and uncertainties of each energy saving measure. The evaluation of
the economic attractiveness and the convenience (or inconvenience) of
implementing a given measure depends on the perspective and criteria of
each perspective.
Most utilities, large communities and the government have access to low-
cost capital, which is not the case for the majority of citizens. Government
or utilities can afford to make longer-term investments, which often have
longer payback periods, and spread the risks of individual investments
across a broad range of ratepayers and taxpayers.
The power sector tends to assume a lower discount rate compared to an
energy consumer, which reflects its greater access to capital. A perception
of greater future risks will also be reflected in the rates used to discount
future costs and benefits. A lower discount rate for utilities, for example,
will make many investments in energy efficiency cost-effective, but that is
not necessarily directly relevant for the client communities.
a. Type of building - isolated or aggregated, maximize cubic
b. Geographical position - future buildings need to consider position in
landscape and orientation
c. Building materials and insulation - relatively low cost way to
improve energy efficiency
11
d. Windows - double or triple pane best, existing windows should be
film coated and targeted for replacement
e. Ventilation outlet air ventilation or Centralized ventilation unit
With heat recovery or Distributed ventilation unit with heat recovery
f. Heating systems - Combined Heat and Power, Supplemental wood
heating, solar thermal heating,
6.2. Clean and Renewable Energy
(solar, wind, geothermal?)
6.3. Transportation and Land Use
6.4. Reduced Waste
6.5. Other
Maplewood will continue to emphasize the importance of continued public
education to help citizens modifY their energy awareness and change their
behavior gradually to improve energy efficiency. This can be done at every
level of public interaction, but the Nature Center offers a particularly rich
opportunity to provide environmental education on the role of energy in the
ecosystem. Recent events in Maplewood politics indicate that the public
and elected officials are becoming more conscious of energy in every aspect
of their policy and programs.
The Energy Bike is an educational display; people use their muscle power
to create energy from the bike to power a fan, and a fluorescent or
incandescent light bulb. The Energy Bike was demonstrated to show the
amount of energy it takes to generate electricity for various electrical
appliances and lighting and to introduce the Maplewood Green Team to the
Energy Challenge concepts. The use of the energy bike at the Maplewood
Community Center and other venues may help to raise citizen awareness of
energy Issues.
The Minnesota Energy Challenge is a local resource for information on
saving money and energy in your home (www.mnenergychallenge.org).It
was created
by the Center for Energy and Environment, which is a local nonprofit that
provides energy services to over 60,000 single-family, multi-family and
commercial buildings. The Center for Energy and Environment report that:
In 2006, the Minnesota State Legislature passed the Next Generation
Energy Act, which commits the state to reducing total C02 emissions 80
12
percent below 1995 levels by 2050. Some ofthe savings will be gained
through renewable energy investment and widespread energy efficiency and
conservation through local government and industry. However, the other
part of the solution comes from residential property owners, who create half
of Minnesota's total C02 emissions.
One of the Maplewood Green Team's 2009 goals is to promote energy
conservation. As an introduction to energy conservation, the Maplewood
Green Team will promote the Minnesota Energy Challenge to city
employees and city residents and business owners. By taking the challenge,
people agree to a few simple steps to conserve energy and reduce
emissions. Examples of savings to C02 emissions and energy include:
- Wash clothes in cold water. 930 lbs C02 emissions, $86/year
- Low flow showerhead. 381lbs C02 emissions, $35/year
- 5 min showers. 261lbs C02 emissions, $24/year
7. Implementation Action Plans
a. Begin and continue planning efforts with the general population, the
Green Team, the Environmental and Natural Resources
Commission, the Planning Commission, the City Council and
Mayor.
b. Coordinate city actions with overlapping jurisdictions at the
watershed, County, State and Federal levels on coordinated energy
and sustainability projects.
c. Seek all appropriate energy improvement grants from Federal, State
and utility sponsored programs.
d. Continue to complete energy audits on all city-owned buildings as r
resources allow.
e. Complete a five-step building analysis program (retro-
commissioning study) on all city-owned builclings.
f. Work with the Chamber of Commerce, business associations, and
large commercial and industrial fIrms in Maplewood and
immecliately adjacent cities to cooperate more fully in energy
conservation goals.
13
g. Any kind of modernization or renovation work on city buildings has
to keep up with the latest high-energy efficiency standards in
Minnesota Building Codes.
h. In new city and commercial buildings, standards for average heating
energy consumption must be reduced by 25 percent.
1. All newly constructed city and commercial buildings an energy
analysis must be provided during the planning and permit process.
J. The city will undertake a long-range program of gradually
improving and replacing older HV AC systems as these near the end
of their service life.
8. Budget, Funding, Leverage, and Sustainability Plan
The city will rely primarily on Federal and State grants, loans and tax
credits to fund energy improvements initially. Local tax increases for
energy efficiency are not envisioned in the near future. Maplewood will
continue utilizing the B3 Benchmarking system to track energy use and
qualifY for further energy grants and loans administered by the State of
Minnesota, Department of Commerce, Office of Energy Security.
Under the eligible activity, Energy Efficiency Retrofits, Maplewood could
use the RETAP energy audit services as a basis for the city's building
energy efficiency implementation plan. Maplewood will use granted Energy
Efficeincy and Conservation Block Grants (EECBG) program funds to
provide upfront capital for the energy efficiency strategies outlined in the
grant agreement. The energy audits will defme areas to achieve the target
25 percent reduction in electricity use. Each of the following capital retrofit
activities relates directly to reducing energy consumption, providing
electricity savings and greenhouse gas (GHG) reductions. Potential
measures that may be implemented include but are not limited to the
following:
a. Replace lighting fixtures in all facilities.
b. Replace all existing exit sigus with LED exit siguage.
c. Replace or upgrade all HV AC systems.
d. Install Smart grid computerized control software and equipment.
e. Conduct selective retro commissioning on the City Hall,
Community Center, municipal garages, Nature Center and fire
stations, as permitted by availability of funding.
14
9. Communications and Engagement Plan
Maplewood will communicate energy conservation and efficiency news and
developments through the monthly city newsletter, and quarterly
Maplewood Seasons publication. They will also distribute information in a
kiosk at the Maplewood Mall as well as use the city website. The
Maplewood Nature Center will engage in energy focused environmental
education as can be progranuned into their operating schedule. As new
information on energy and sustainability emerges this can be disseminated
in print, online and through city outreach programs in housing, education,
health care and other areas.
10. Jobs and Economic Development Plan
Green jobs for Maplewood: As Maplewood looks to its sustainable future,
its target is to become a sustainable community. Many innovative
environmental products are being developed by 3M, a Maplewood based
business. Additional green jobs may involve local food production or
manufacturing more environmentally friendly products and services, which
require fewer materials for production and less water and energy for
transportation. Minnesota is a national leader in finding ways of recycling
our water and biomass into ecologically sensitive products.
11. Alignment with Plans of Adjacent Municipalities and the State
Maplewood has a symbiotic relationship with its adjacent neighbors (St.
Paul, North St. Paul, Little Canada, White Bear Lake, Oakdale, Woodbury,
Vadnais Heights) and Ramsey County, in particular. They will strive to
cooperate with other adjacent and nearby municipalities and jurisdictions to
the extent feasible. As energy crisis becomes more apparent cooperation
between adjacent jurisdictions and avoidance of unnecessary duplication of
goods and services will probably increase interactions between adjacent
political units.
12. Plan for Tracking and Sharing Progress
The Building Chief Engineer and Environmental Planner will promote,
monitor and maintain the capital and operational aspects of the energy
efficiency and conservation measures. They will address other energy
related initiatives as they develop in Maplewood, providing continuity and a
foundation for adclitional energy use reductions moving forward.
The Green Team participants will meet on a monthly basis to develop ideas,
share best practices, and monitor, analyze and package program results. The
most effective means of sharing information statewide is to share monthly
reports with the department managers and elected officials. The Green
Team is responsible for reporting energy reduction progress to the City
15
Council. The City of Maplewood will pursue long-term strategies to strive
for constantly increasing energy efficiency and overall reduction in energy
expenses.
Energy reductions and cost savings associated with the energy conservation
measures will sustain over the lifetime of the installed equipment, with
added assurance as a result of the city's regular maintenance and operations
schedule and plan for annual retro-commissioning to ensure that all
equipment performs optimally. Future city-wide energy cost savings will be
needed to support and sustain this critical initiative.
Sustained benefits will also result from the installation of a Sununit Energy
Management System (EMS) software and equipment in buildings not
currently on the campus system. This will provide centralized real-time
energy tracking to identifY quickly changes in energy use patterns that
could mean mechanical failure or miscalibration. EMS software offers the
benefits of open architecture and combines environmental controls with
facility and energy management features into a low cost and easy to use
solution to track operations and savings, all of which maximizes the
benefits of energy efficiency equipment upgrades over the short and long
term. Besides reducing energy costs, these improvements will enhance
occupant comfort; reduce deferred maintenance; and decrease the need for
community capital dollars.
Monthly statements of energy performance for each county-owned facility
are also available on the website and will continue to be updated as the
project moves forward. Key metrics such as energy savings, cost savings
per sq. ft., and greenhouse gas emission reductions will be highlighted from
among the other metrics. All plans and activities are subject to City Council
oversight and approval before and after being vetted through the Green
Team consisting of city staff.
Maplewood Building Chief Engineer will manage the energy efficiency
retrofit program with over-site by the auditor and the Environmental
Planner.
Following is an outline of how the city will prioritize energy efficiency
programs, action plan and progress reporting for those programs:
A. Set priorities
1. Buildings
a. Community Center
a. Heating
b. Cooling
c. Lighting
d. Computer
e. Other Water, Paper, Supplies
i. hours of operation
16
11. level of employee coverage
111. extent of services offered
IV. flexible scheduling
v. evaluate level of fee for service
VI. contingency plauning for unexpected
V11. operation and maintenance budget
V111. capital improvement budget
b. Administrative Center (City Hall/Police Department)
a. Heating
b. Cooling
c. Lighting
d. Computer
e. Other Water, Paper, Supplies
i. hours of operation
ii. level of employee coverage
iii. extent of services offered
iv. flexible scheduling
v. evaluate level of fee for service
VI. contingency planning for unexpected
V11. operation and maintenance budget
V111. capital improvement budget
c. Municipal Shops (Public Works/Parks Maintenance)
a. Heating
b. Cooling
c. Lighting
d. Computer
e. Other Water, Paper, Supplies
i. hours of operation
ii. level of employee coverage
iii. extent of services offered
iv. flexible scheduling
v. evaluate level of fee for service
vi. contingency planning for unexpected
V11. operation and maintenance budget
V111. capital improvement budget
d. Fire Stations (Five)
a. Heating
b. Cooling
c. Lighting
d. Computer
e. Other Water, Paper, Supplies
1. hours of operation
ii. level of employee coverage
17
111. extent of services offered
IV. flexible scheduling
v. evaluate level of fee for service
VI. contingency planning for unexpected
V11. operation and maintenance budget
Vll1. capital improvement budget
. ~
e. Nature Center
a. Heating
b. Cooling
c. Lighting
d. Computer
e. Other Water, Paper, Supplies
i. hours of operation
11. level of employee coverage
111. extent of services offered
IV. flexible scheduling
v. evaluate level of fee for service
VI. contingency planning for unexpected
V11. . operation and maintenance budget
V111. capital improvement budget
f. Other Facilities (Pump Houses, etc.)
a. Heating
b. Cooling
c. Lighting
d. Computer
e. Other Water, Paper, Supplies
i. hours of operation
II. level of employee coverage
111. extent of services offered
IV. flexible scheduling
v. evaluate level of fee for service
VI. contingency planning for unexpected
V11. operation and maintenance budget
Vll1. capital improvement budget
2. Transportation
a. Police
1. hours of operation
11. level of employee coverage
111. extent of services offered
IV. flexible scheduling
v. evaluate level of fee for service
VI. number and type of vehicles
V11. mission specific expenses
18
V111. contingency planning for unexpected
IX. operation and maintenance budget
x. capital improvement budget
b. Fire
i. hours of operation
11. level of employee coverage
iii. extent of services offered
IV. flexible scheduling
v. evaluate level of fee for service
VI. number and type of vehicles
V11. contingency planning for unexpected
viii. operation and maintenance budget
IX. capital improvement budget
c. Maintenance
1. hours of operation
11. level of employee coverage
111. extent of services offered
IV. flexible scheduling
v. evaluate level of fee for service
VI. number and type of vehicles
V11. contingency planning for unexpected
Vlll. operation and maintenance budget
IX. capital improvement budget
d. Personal vehicles
1. hours of operation
11. level of employee coverage
111. extent of services offered
IV. flexible scheduling
v. evaluate level of fee for service
VI. number and type of vehicles
V11. contingency planning for unexpected
e. Public transportation
1. hours of operation
11. level of employee coverage
111. extent of services offered
IV. flexible scheduling
v. evaluate level of fee for service
VI. number and type of vehicles
19
VIL contingency planning for unexpected
3. Office Supplies
4. Personal Consumption
B. Develop an Action Plan
1. Strategies - Policies
a. Discuss policies in public forum
b. prioritize problems in terms of cost
c. establish a capital improvement program
d. establish a regular O&M schedule
2. Tactics - Practices
3. Emergency Measures
4. Public Education
C. Assess pro gress
1. Establish baseline data
a. Electricitylbuilding (quantity and unit cost)
b. Natural Gaslbuilding (quantity and unit cost)
c. Petroleurnlmonth/department/vehicle (quantity, unit cost)
d. Supplies (quantity and unit cost)
e. Equipment ((quantity and unit cost)
f. Operation and Maintenance budget/month/department
g. Hours and costs of employees/month/department
2. Measure and monitor key factors
3. Evaluate trends over time
4. Report Progress
a. Triage
b. Replace least efficient appliances first
c. Mitigate largest energy losses first
d. Increase costs to cover increased expenses
e. eliminate buildings, equipment, programs in order to
reduce costs
20
Agenda Item 5.b.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Chickens in Residential Zoning Districts
October 13, 2009 for the October 19 ENR Commission Meeting
BACKGROUND
The Environmental and Natural Resources Commission has expressed an interest in researching
the feasibility of permitting chickens in residential zoning districts. Maplewood city code currently
prohibits chickens in residential zoning districts (Attachment 1). Urban communities throughout the
country are considering allowing chickens in residential areas as a way of promoting urban
agriculture. In November 2008 the City of Shoreview adopted an ordinance which permits the
keeping of chickens in residential areas. A summary of that ordinance is attached (Attachment 2).
Two Maplewood residents have also recently expressed an interest in keeping chickens on their
residential property. As a starting point to research into this area, staff has invited the residents to
the October 19 Environmental and Natural Resources Commission meeting to give their
perspective on the matter.
RECOMMENDATION
As a starting point to research in the area of keeping chickens on residential property, the
Environmental and Natural Resources Commission should review the attached documents and
allow for public comment on the topic. Staff will compile feedback from this agenda item and
continue the research and discussion in November.
Attachments
Ail-CAe h <<Ie fl+ (
JOBNAME: No Job Name PAGE: 618 SESS: 2 OUTPUT: Tue Apr 812:31:102003
/frrst/pubdocs/mcc/3/11217 _ full
~ 44-6
MAPLEWOOD CODE
designed to be used as a dwelling with or without a permanent foundation when connected to
the required utilities and includes the plumbing, heating, air conditioning, and electrical
systems contained therein. The term includes any structure which meets all the requirements
and with respect to which the manufacturer voluntarily files a certification required by the
Secretary and complies with the standards established under chapter 365 of the 1981
Minnesota State session laws. As used in this definition, the term l1Secretarylt means the
Secretary of the United States Department of Housing and Urban Development or the head of
any successor agency with responsibility for enforcement of federal laws relating to manufac-
tured homes.
Mining means the surface or subsurface removal of sand, gravel, rock, industrial minerals,
other nonmetallic minerals and peat not regnlated under state law.
Minor motor fuel station means a retail business engaged in the sale of motor vehicle fuels
with a maximum ofthree dispensers. Fuel dispensers shall be designed to serve only two cars
at once.
Motor vehicle accessory installation center means a place to install equipment sold on the
premises in a motor vehicle, where the following conditions are met:
(1) No petroleum products would be added to, applied to, or removed from the vehicle.
(2) There would be no maintenance, servicing or repair of vehicles or parts of vehicles,
including car washing.
(3) There would be no vehicle hoist or lift.
(4) There would be no noxious materials used.
Motor vehicle wash means a building for washing motor vehicles. This definition does not
include the occasional handwashing of vehicles stored in a parking garage.
Nonconforming building or use means a building or a use of land or of a building, existing
at the effective date of any section of this chapter, which does not conform with the
requirements of such section of this chapter, or a use authorized under article V of this chapter.
Outlot means any parcel of land designated as an outlot on any plat in the city.
Parking space means an open space or a garage on a lot, used for parking motor vehicles, to
which there is access from a street or alley.
Planned unit development (PUD) means a type of development characterized by a unified
site design, with two or more principal uses or structures. A PUD may include townhouses,
apartments, multiple-use structures such as an apartment with commercial shops, or similar
PUDs must have at least five dwelling units or dwelling sites.
Poultry means domesticated birds that serve as a source of eggs or meat and that include,
among commercially important kinds, chickens, turkeys, ducks, geese, peafowl, pigeons,
pheasants and others.
CD44:16
JOBNAME: No Job Name PAGE: 641 SESS: 2 OUTPUT: Tue Apr 812:31:102003
/frrst/pubdocs/mccl3/11217 _full
ZONING
~ 44-104
3. Noise from idling the engine shall not exceed the L50 standards provided for
in state statutes. The owner or operator shall not let the vehicle's engine idle
for more than 30 minutes in anyone-hour period. In no circumstance may
the owner or operator run or let the engine idle for more than two periods,
lasting 30 minutes each, in one 24-hour period.
b. The following are exceptions to subsection (l)a of this section:
1. Those commercial vehicles or commercial equipment used for authorized
on-site construction, repair or service at the residence.
2. Any motor truck, pickup truck, or other commercial vehicle being used by a
public utility, moving company, or similar company, which is being used to
service a residence not belonging to or occupied by the operator of the
vehicle.
3. Any vehicle that is making a pickup or delivery at the location where the
driver or operator has parked it. Parking shall not be for the time beyond
that the driver or operator needs to make such a pickup or delivery and shall
only be for the time necessary to complete the pickup or the delivery.
4. Lawful nonconforming and permitted uses.
(2) Golf courses.
(3) Antennas and towers as requested by section 44-1327.
(Code 1982, ~ 36-66(b); Ord. No. 790, ~ 2, 5-11-1998)
Sec. 44-103. Prohibited uses.
The following uses are prohibited in the R-l residence district: 1\ Q/JI de Iltl-q )
@The raising or handling oflivestock, poultry or animals causing a nnisance, except for
licensed kennels.
(2) Accessory buildings without an associated dwelling on the same premises.
(3) Commercial plant nurseries, commercial greenhouses, farms or any structure for the
sale or display of commercial products, when not on a property with a residential use.
(Code 1982, ~ 36-66(c))
Sec. 44-104. Minimum foundation areas; room requirements.
(a) The foundation area for any single dwelling in the R-l residence district shall not be less
than the following:
(1) A one-story dwelling, 950 square feet.
(2) A 1'I2-story dwelling, 720 square feet.
(3) A bilevel dwelling, 816 square feet.
(4) A trilevel dwelling, 765 square feet.
(5) A two-story dwelling, 528 square feet.
CD44:39
Shorevie'w
Altz:\cr\VV\fnt- z
Benjamin Withhart Sworn in as City Councilmember
Benjamin Withhart was sworn into office as the winner of the special
election on November 4, 2008, to fill a two-year Council term. Withhart
will compete the term of former Councilmember Larry Morrisette, who
passed away earlier this year. Withhart had been appointed by the Council
in June to serve as the interim Councilmember until the special election.
City Council Adopted Ordinance to Permit the Keeping of Chickens in
Residential Areas
The City Council approved ordinance revisions that will allow a maximum
offour chicken hens or pullets on single-family residential property.
Residents interested in keeping chickens must receive a bi-annual license
from the City and comply with the following requirements:
o Shelters for housing chickens are permitted, but must comply with
existing setback regulations for accessory structures. They cannot be
in the front, side or side yard abutting a street and must be setback a
minimum of30-feet from an adjacent principal dwelling.
o Chickens must be contained on the property at all times through the
use offencing.
o This ordinance does prohibit slaughtering or cockfighting.
o No roosters are permitted.
o Chicken coops must be maintained in a clean and sanitary condition.
Council Approves Agreement with Brauer & Associates Ltd
The City Council authorized the hiring of Brauer & Associates to prepare
plans and specifications for improvements to Sitzer Park. The
improvements are consistent with a new Park Master Plan that will include
a revised parking area, new playground areas, a park shelter, landscape
improvements and trail expansions. The City is expected to take bids for the
project late in Spring and construction will likely begin in mid to late July.
Upcoming Events
City Budget Hearing set for December 1
Shoreview will hold its official Budget Hearing on Monday, December 1 at
7 p.m. at City Hall. The City's gross tax levy is proposed to increase 3.9%.
Agenda Item 5.c.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Commission Handbook Review
October 13, 2009 for the October 19 ENR Commission Meeting
On July 27, 2009, the city council adopted the City of Maplewood Commission
Handbook. The purpose of the handbook, which pertains to all city commissions and
boards, is to provide general information, rules and policies for commissioners and
board members. The handbook is included for review as well as the environmental and
natural resources commission ordinance and the commission's rules of procedure.
Alan Kantrud, city attorney, will be attending the October 19 environmental and natural
resources commission meeting to present the handbook and lead the discussion.
Attachments:
1. Commission Handbook
2. Environmental and Natural Resources Commission Ordinance
3. Environmental and Natural Resources Commission Rules of Procedure
CITY OF MAPLEWOOD
COMMISSION
HANDBOOK
Attachment 1
Table of Contents
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF MAPLEWOOD ADOPTING A
COMMISSION HANDBOOK AND AMENDING THE
COMMISSION POLICY GUlDELINES........................3
Chapter I:
Introduction & Overview..................................................4
Purpose of Maplewood Commission Handbook..........4
Orientation of New Members........................................ 4
The Function of City Commissions...............................4
Putting Boards, Commissions, and Committees Into
Context.......... .... ............. ............ .... ............ ................... 5
City CounciL...................... ....................................5
Boards, Commissions, Committees.........................5
Oath of Office....... ... ........ ..... ................................ ......... 5
Boards and Commissions and Membership
Requirements........................... ...................................... 6
Planning Commission...... ..................................... ... 6
Parks Commission ..................................................6
Environmental and Natural Resources Commission6
Housing and Redevelopment Authority...................6
Community Design Review Board..........................6
Historical Preservation Commission........................6
Police Civil Service Commission............................?
Business & Economic Development Commission. .?
Other Committees and Task Forces.........................?
Description of City Departments and Divisions............?
City Manager........................................................... 7
Citizen Services/City Clerk.....................................?
City Attorneys....................... ............ ....................... 8
Human Resources........ ..................................... ....... 8
Information Technology................... ............ ............8
Finance........................... ................ ................. ........ 8
Fire............................................................................8
Community Development and Parks.......................8
Police............................................. ................. ......... 9
Pubtic Works.. ........ ..... ..................... ........................ 9
History oftbe City ofMaptewood................................9
Chapter 2:
The Advisory Role............................................................ll
Role of the Chairperson and Vice Chairperson............ll
Responsibilities of Individual Members......................12
Staff Liaison Responsibilities...................................... 12
Relationship With City CounciL................................ 12
Council Relationship With Advisory Bodies............... 13
Term of Office............................................................. 13
Signing Commission Documents/Commllilications....13
Chapter 3:
Commission Meetings......................................................14
Agenda ..... ... ............................. ...................................14
Placing Items on the Agenda................................l4
Minutes....... .................... ................. ....................... .....14
Correction to Minutes............................................ 14
Special Meetings....... ........ ........ ............. ........ ........ ......14
Televised Meetings...................................................... 14
Joint Meetings with the City CounciL.........................15
Subcommittees............................... ............................. 15
Chapter 4:
Parliamentary Procedure................................................16
Quornm........................................................................16
Voting Procedure..... ........ ......................... ............... .... 16
Motions................ ................ ................. .................... ... 16
Legal Issues........................ ................................. ........ I?
The Open Meeting Law......................................... 17
Conflict of Interest........ ......................................... 18
Other Legal Issues................................................. 18
Frequently~Asked Legal Questions........................ 19
Chapter 5:
Helpful Advice..................................................................20
Criteria for Effectiveness............... ..............................20
Special Tips for New Commissioners..........................20
Working with City Stall:..............................................20
Dealing with the Media.............................................. 21
Chapter 6:
Commission Policy. Guidelines........................................22
RecruitInent Policy .............. ........................................ 22
Appointnlents........ ................................. ........ ........ ..... 22
Role of Commissions............................................... ....22
Appointment of Chair and Vice Chair.........................22
Responsibilities of Commission Members... ... ........ ... .22
Quorum........................................................................23
Qualifications................................. ............................. 23
Decorum and Order..................................................... 23
Public Hearings..................................... ..................... ..23
Special Meetings........................................ ................ ..24
Commllilication with the City CounciJ........................24
City Council Relationship with City
CommissionslBoards...................................................24
Communication with Other Agencies and Groups.......24
Role of the StaffLiaison..............................................24
Appeudix.......................................................................... 25
Sample Agenda........................................ ......... .......... 25
Sample Minutes........................................................... 25
Rosenberg's Rules of Order......................................... 25
Text of the Open Meeting Law.................................... 25
Minnesota Open Meeting Law (House Research
Information Brief)........................................................25
Official Conflict of Interest (LMC Information Memo)
.....................................................................................25
2
RESOLUTION NO. 09-_, SERIES 2009
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD
ADOPTING A COMMISSION HANDBOOK AND AMENDING THE COMMISSION
POLICY GUIDELINES
WHEREAS, the City Council utilizes commissions to serve in an advisory capacity and provide
in-depth review and consideration on subject matters within their jurisdictions; and
WHEREAS, city commissions are appointed by the City Council and serve as legislative bodies
for the city of Maplewood, which must be governed appropriately as befitting their public nature;
and
WHEREAS, the City Council amended the Commission Policy Guidelines on July 27, 2009; and
WHEREAS, there was a need to update and provide current information; and
WHEREAS, a Commission Handbook was written to provide general information, rules,
policies, and state statutes for commission members.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Maplewood hereby
adopts the Commission Handbook as its amended Commission Policy Guidelines.
PASSED AND ADOPTED by the Maplewood City Council on this 27th day of July, 2009, by
the following vote:
Ayes: Mayor Diana Longrie, Councilmember Kathleen Juenemann, Councilmember John
Nephew, Councilmember Will Rossbach
Nays: Councilmember Erik Hjelle
Absent: NONE
/s/
Mayor
ATTEST:
/s/
City Clerk
3
Chapter 1:
Introduction & Overview
Boards, commissions and committees (referred to collectively as "city commissions") have a critical role in the city
of Maplewood. As a commissioner, you serve as a conduit for citizen input - a way of gathering, analyzing and
recommending options to the City Conncil, which has the final responsibility for making policy decisions. City staff
provides professional and technical expertise. Commissions provide another important avenue for determining the
community's feelings about an issue. The individuals who serve on the city's commissions are among the most
respected and appreciated volunteers in the community.
Purpose of Maplewood Commission Handbook
Minnesota law gives city councils the power to create advisory commissions and appoint their members. I The City
of Maplewood prepared this commission handbook to assist commissioners by outlining accepted practices and
clarifying expectations. While attempting not to be overly restrictive, procedures are established so that expectations
and practices can be clearly articulated to guide commissioners in their actions.
This commission handbook provides a summary of important aspects of commission activities. However, it cannot
incorporate all material and information necessary for undertaking the business of commissions. Many other laws,
plans and documents exist which bind the commissioners to certain courses of action and practices, most notably
those requirements imposed by State statute on groups like the Planning Commission2 and the Police Civil Service
Commission3; and the Maplewood City Code. As a policy and practical matter, wherever a conflict between the
City's policies herein and the requirements under state law may be found, the State's position shall prevail.
Orientation of New Members
It is important that new members of commissions gain an understanding of the full range of services and programs
provided by the city. Staff liaisons will provide new commission members with the opportunity to tour city
facilities and provide background infonnation on issues facing the commission. They will also make commission
members aware of relevant training opportunities and provide basic skills training regarding meetings, policy,
procedure, and duties.
The Function of City Commissions
Here is a brief summary of how city commissions serve the democratic process in the city of Maple wood:
. Hold public meetings and use other means to determine what the community thinks about issues;
. Recommend policies and procedures related to their respective fields to the City Council;
. Serve as intermediary between the public, city staff and the City Council by providing information,
explanation, and support for different points of view;
. In specific instances, such as the Planning and Police Civil Service Commissions, make critical
determinations pursuant to State Statute;
. Make non-binding recommendations on issues, applications, and other policy matters as directed by the
Maplewood City Councilor required by law.
Minn Stat. 6 412.111 gives statutory cities the authority to create advisory boards in general, "as deemed necessary for the
proper management and operation of city affairs."
2 Millll Stat. S 462.354
3 Minn. Stat. S 419
4
Putting Boards, Commissions, and Committees Into Context
The city of Maplewood is a statutory "Optional Plan B'" city, incorporated in 1957. Maplewood uses a Council-
Manager form of government. The City Council serves as the legislative body, sets policies and procedures, and
represents the citizens of Maple wood. The City Manager, who serves at the will of the City Council, carries out the
Council's direction and is the chief administrative officer for the city.
City Council
The Maplewood City Council, the governing body of the city, is made up of four councihnembers and a mayor.
These officials are chosen through non-partisan elections and serve "at large," representing the whole city. TIle City
Council is accountable to the citizens it serves. City elections are held in odd-numbered years. Depending on the
number of candidates who file, there may be a primary in September as well as the general election in November.
Councilmembers and the mayor serve four-year terms. Two council members and the Mayor are elected in one
election and two council members in the next election.
The City Council formulates policy, approves programs, appropriates funds, and establishes local taxes and
assessments. Decisions of the City Council are reached by a majority vote, unless a greater majority is required by
law. The City Council enacts local laws (ordinances) and regulations for governing of the city. The local ordinances
adopted by the City Council are compiled in the municipal code. Other City Council directives and policies are
recorded in resolutions or council minutes.
The Maplewood City Council holds regular meetings on the second and fourth Monday of each month, at 6:30 p.m.
in the Council Chambers at City Hal!.' Copies of the agenda are available 72 hours before the meetings at the City
Clerk's office, plus various other locations and on the City's Website, www.ci.manlewood.mn.us. City Council
agendas may be emailed to individuals by subscription. City Council and commission agendas with staff reports
attached can also be viewed on the city web page.
Boards, Commissions, Committees
The City of Maplewood currently has seven active advisory groups categorized as boards and commISSIons
(referred to collectively as "City Commissions"). The Council has also from time to time appointed task forces and
ad hoc committees for specific issues and determined lengths of time. Each has a specific focus and serves to make
recommendations to the City Council on issues related to that specific field. Members of commissions are
volunteers who are appointed by the City Council and serve at the pleasure of the City Council. Commissioners
must be residents of the city of Maplewood. Council may, under very special circumstances and unless prohibited
by State law or City ordinance, determine that a person living outside the Maplewood city limits may be appointed
to a board or commission because that person's expertise would enhance a particular commission. City Council may
also decide to appoint ex-officio members without voting privileges.
A member of the commission should be knowledgeable and experienced in the areas of interest of the
board/commission on which he/she wishes to serve. Membership should be based on willingness to be objective,
open-minded, and to seek solutions and promote harmony in the community. In some cases membership selection
is based on specific educational or professional criteria as called out by City Ordinance. The City Council reviews
applications, conducts interviews for positions on the various Commissions, and ultimately selects the members.
Oath of Office
Pursuant to State Statute, 9 358.05, all elected or appointed officials must swear an oath of office prior to
conducting or participating in any business of the commission or board. A signed copy of the oath is filed with the
office of the City Clerk.'
4 Statutory cities are covered by Chanter 412 of Minnesota Statutes.
5 See the current City of Maplewood Rules of Procedure for City Council and Council Meetings for additional information
about council meetings and policies.
6 Minn. Stat. S 358.1 t
5
The Oath of Office is as follows:
I, [name], do solemnly swear that I will support the Constitution of the United States and of the State of
Minnesota and faithfully discharge the duties of the office of [name of office] in the City of Maplewood, in
the County of Ramsey and the State of Minnesota, to the best of my judgment and ability. So help me God.
Boards and Commissions and Membership Requirements
This list briefly describes each city commission. All commissions are subject to the state conflict of interest rules
and must refrain from participating on matters in which the commissioner has an economic interest or other
disqualifying interest, such as personal, familial relationships.7
Planning Commission
The Planning Commission has nine members who serve three-year terms, and is the City ofMaplewoodts planning
agency. S Members are citizens and cannot be elected officials. Its duties are to prepare and recommend a
comprehensive plan for the development of the city and to review zoning and land use matters like comprehensive
plan amendments, rezoning requests, zoning variances, property subdivisions, right-of-way vacations, conditional
use permits, and home occupation requests.
Parks Commission
The Maplewood Parks and Recreation Commission is a nine-member, volunteer advisory board consisting of
Maplewood residents committed to promoting parks and recreation issues. Commission members serve three-year
terms. The commission provides recommendations to the city council on all issues of park acquisition, development,
open space, trails, and leisure programs. The Parks and Recreation Commission works closely with city staff to
address the mission of the department, which is to provide a community environment for all citizens to participate in
and enjoy cultural and recreational activities on an equitable basis.
Environmental and Natural Resources Commission
The Environmental & Natural Resources Commission consists of seven residents who serve three-year terms. The
commission's purpose is to protect, preserve, and enhance the environment of the City of. Maplewood. To
accomplish this purpose, the commission engages in a variety of activities, from recommending ordinances to
preserve and enhance the city's environmental assets, to developing educational programs, to developing and
promoting the use of "sustainable practices" for city policies and procedures.
Housing and Redevelopment Authority
The Maplewood Housing and Redevelopment Authority (HRA)9 is a five-member advisory committee that reviews
housing matters and policies for the city. Authority members serve five-year terms. Topics the BRA reviews for the
city council include proposed housing related code changes or ordinance amendments, possible changes to the
housing chapter of the Maplewood Comprehensive Plan, and senior or subsidized housing development proposals.
Community Design Review Board
The Maplewood Community Design Review Board (CDRB) has five members, each serving two-year terms. Two
architects shall be appointed, if available to serve; two shall be from a related design or construction field; and at
least two members shall be citizen laypersons. The CDRB reviews building design, site plans, and landscape for
proposed multi-family, commercial, and industrial development in Maplewood. The CDRB's goal is to approve
attractive developments in architectural design, the use of proper landscape materials, and a functional and attractive
layout.
7 To learn more, refer to the League of Minnesota Cities' information memo, Official Conflict of Interest.
8 Minn. Stat. Q 462.354
9 Note that Maplewood's HRAis established as an advisory body, not an HRA as defined by Minn. Stat. 8469.03.
6
Historical Preservation Commission
The Historic Preservation Commission (HPC) is a seven member Commission, created to help the city of
Maplewood with its overall historic preservation goals. To that end, two members should be in a preservation-
related field and one Commissioner should be a member of the Ramsey County Historical Society. Commission
members serve three year terms. The HPCs goals include supporting the protection of the City's heritage by
preserving, protecting, conserving, and wisely using the significant historical, cultural, architectural, or
archeological objects, structures, buildings, and sites in the City. The City encourages broad citizen participation in
histOllC preservation activities and has worked on such projects as the Bruentrup Farm preservation project. The
Historic Preservation Commission also works closely with the Maplewood Area Historical Society.
Police Civil Service Commission
The Police Civil Service Commission is a three-member group responsible for overseeing selection processes for
sworn officers and acting as a hearing body for discipline and discharge issues for the Maplewood Police
Department in accordance with Chanter 419 of the Minnesota State Statutes.
The Commissioners are normally appointed to three-year terms by the City Council and volunteer their services as
interested residents. The City has a full-time Human Resources Coordinator that serves as a staff liaison for the
Commission. The Commission decides which of several types of tests to use for sworn positions, the weighting of
the exam components, and the minimum qualifications. They also certify names to the City Manager from eligibility
lists and review and approve background investigations for police officer candidates.
The Police Civil Service Commission is not a civilian review board. They do not take complaints from the public
nor do they review or conduct internal investigations. They do not direct or oversee police operations nor do they
have input into the Police Department budget. They have no involvement in compensation or benefits for the
officers.
Business & Economic Development Commission
The Maplewood Business & Economic Development Commission (BEDC) is an advisory commission to the
Maplewood Area Economic Development Authority (EDA); the EDA itself consists of the five members of the City
Council. The BEDC makes recommendations on economic development and redevelopment projects and issues to
theEDA. The BEDC will consistof7 memhers, 3 of which must be small business owners.
Maplewood Economic Development Authority
The Economic Development Authority, or EDA, is a statutorily-authorized hody organized under ~ 469.090 et sec.
and is charged with carrying out economic and industrial development and re~development within the City and
surrounding area. The Mayor and City Council make up the EDA and the City Manager serves as its Director.
Other Committees and Task Forces
There are city committees and task forces that are created by the Council from time to time to look at a specific
issue. In addition, the city participates on boards, commissions, and committees that have been established by
regional agencies or organizations to discuss issues involving the county, schools, local businesses, etc. For a list of
City of Maple wood committee/agency memberships, contact the Cit;y Clerk's Office.
Description of City Departments and Divisions
City Manager
The City Manager is the chief executive officer and the head of the administrative branch 6fthe city government.
The City Manager implements policies and procedures initiated by the City Council, prepares and administers the
municipal budget, advises the Council of future financial needs of the city, initiates and supervises business
relationships, and directs the daily operations of city government. The City Manager is responsible for all city
personnel, except the City Attorney.
7
Citizen Services/City Clerk
The City Clerk is an appointed position responsible for the recording, writing, and maintaining of the records of
City Council proceedings. The City Clerk conducts municipal elections through coordination with Ramsey County
Elections. Citizen Services is responsible for issuing and processing city business licenses and permits, and for a
full motor vehicle processing division including a Federal Passport Acceptance Agency.
The Citizen Services Director is responsible for the Marketing Division which serves to foster community
awareness of city events and recreation programs through marketing avenues and creates a monthly city newsletter
as a means of building a strong sense of community.
Citizen Services Director is also responsible for operating and maintaining a variety of services and facilities related
to recreation including the Maplewood Community Center, community gyms, and local beaches. The recreation
division and the Community Center provide a variety of leisure time and activities and recreational programs year-
round for all ages in the northeast metropolitan area and to Maplewood residents alike.
City Attorneys
The City Attorneys are appointed by the City Council. The City Attorneys advise the City Council and city officers
(in their official capacity) in legal matters, attend all Council meetings as appropriate, and represent the city in legal
actions and proceedings. The City Attorney and members of the City Attorney's office maintain an attorney-client
relationship with the city, its officers, agents, and employees, so their official communications are protected as
confidential pursuant to the attorney-client privilege. The City Attorney rarely attends commission meetings but
may provide counsel to staff when legal issues arise on commission matters.
Human Resources
Human Resources is responsible for labor and employee relations, position profiles, recruitment and selection,
classification and compensation, employee training, pay equity, personnel policies and employment law, contract
negotiations and administration, employee benefits, worker's compensation, grievances and discipline, performance
appraisal, safety, and oversight of payroll issues related to union agreements and personnel policies.
Information Technology
The primary goal of the IT department is to provide the most effective technology services and support possible to
the City of Maplewood staff, City Council, commissions, boards and citizens. The IT department manages the City
website, security systems, phone system, mobile technologies, televising of City meetings, GIS, and all City
applications and workstations. All of these systems run over the City's network which the IT department also
oversees.
Finance
The Finance Department supports all other departments by providing financial management, accounting and
treasury services. There are three documents prepared by the Finance Department for the benefit of Maplewood
citizens as well as other interested parties including the State Auditors Office and bond rating agencies: the
Comprehensive Annual Financial Report, the Budget, and the Capital Improvement Plan.
Fire
Maplewood Fire is a combination paid-per-call and full-time department. There are 78 paid-per-call firefighters that
respond from their homes to answer approximately 3,800 medical, fire, and rescue calls per year. There are five
stations with an average of 15 firefighters per station. There are also 14 full-time firefighters. Administration of the
Fire Department is located at Station Two, 1955 Clarence Street.
Community Development and Parks
The Community Development and Parks Department is comprised of five divisions: Planning, Building Inspections,
Health, Environmental and Natural Resources, and Parks.
8
. The Planning Division champions the values of our community by guiding development and protecting the
environment through studies and zoning controls. The City of Maplewood planning division is primarily
responsible for the review and management of new developments, subdivisions, and redevelopment. The
division also coordinates the preparation of the city's comprehensive plan.
. The Building Inspection Division reviews plans, issues permits, and conducts inspections under the
requirements and guideliues of the State Building Code.
. The Environmental Health Officer is responsible for conducting inspections of the restaurants, lodging
facilities, and public pools located within the City of Maple wood.
. The Environmental and Natural Resources Division works to protect the environmental features of
Maplewood. This includes natural areas, trees, surface waters, waste, and the built environment. It also
includes stormwater management-related activities such as development plan review, construction site
inspection, management of surface water and inspection, evaluation, and maintenance of outfaIls and ponds.
. The Parks Division strives to provide a community environment for all citizens to participate in and enjoy
cultural and recreational activities on an equitable basis.
The Community Development and Parks Department serves as primary staff to the Planning Commission,
Community Design Review Board, Housing Redevelopment Authority, Historical Preservation Commission,
Environmental and Natural Resources Commission, and Parks and Recreation Commission.
Police
The mission of the Maplewood Police Department is to work, in partnership with its citizens, to solve problems
relating to crime and the fear of crime, with an emphasis on meeting community needs. These services are also
provided to the City of Landfall on a contractual basis.
The Department provides paramedic services in partnership with the Maplewood Fire Department. It has an
authorized strength of 55 sworn officers and has a total of 62 full-time dedicated employees who are available to
provide professional community-oriented police services 24 hours a day.
Public Works
The Public Works Department provides coordination of the services afforded by five groups: Engineering, Street,
Utility, Park Maintenance, and VehiclelFleet Management. These divisions are responsible for the design, operation
and maintenance of most city roadways, sanitary sewer systems, and storm water systems.
History of the City of Maplewood
The recorded history of Maplewood goes back about 150 years. Before settlers arrived, the land in Maplewood was
inhabited by the Dakota Indians. The landscape was a mix of scrub oak and prairie, with many marshes and lakes.
In 1850, a group of families ventured out from St. Paul along an old Indian trail which is now Hazelwood Street.
They were the Bells, Caseys, Conlins, and Vincents. At today's County Road C they turned to the east and began to
build thejr log cabins. The sound of their axes alerted the nearby Dakota who quickly surrounded the homesteaders.
The Dakota asked them to leave and the newcomers quickly retraced their steps. The settlers made repeated
attempts to claim the land they had bought for 2 dollars an acre. But again and again they were driven back. Fiually,
in 1853, they found that the Ojibway had pushed the Dakota out of the area. The Ojibway just wanted to hunt on the
land and they didn't mind the clearing of trees. At about this same time southern Maplewood was being settled as
well. In 1852, Thomas Carver began farming to the west of Carver Lake. This area, the south leg of Maplewood,
later became McLean township. Northern Maplewood was included in the township of New Canada when it was
fonned in t858.
The first organized transportation in this area was a stagecoach line that was along present-day Edgerton Street. This
line began in 1856, and it cost 10 dollars for the trip from St. Paul to Duluth. This stagecoach line remained in
service until the first railroad was built to Duluth in t870. This was the Lake Superior and Mississippi Railroad and
followed the [Brnce] Vento Trail. By the 1880s the line was owned by the St. Paul and Duluth Railroad. This owner
would playa big part in Maplewood's development. In 1886, the Wisconsin Central Railroad built a line thataintersected with the St. Paul and Duluth Railroad. A townsite was planned at the junction of these two railroads that
9
was predicted to "rival St. Paul." William and Mary Dawson platted out a town and decided to name the place
"Gladstone" after William Gladstone, a popular British statesman of the time. Dawson planned to relocate his plow
work business there and was able to entice the St. Paul and Duluth Railroad to put its shops in Gladstone. For a
time, the little village prospered. In the 1890s the town employed 1,000 workers. It had a post office, a hotel, at least
two saloons, a brothel, and a population of about ISO.
Gladstone suffered a series of misfortunes that was its demise. First, a fire destroyed the plow works. Then the
founder of the town, William Dawson, filed for bankruptcy. The last straw was when the railroad shut down the
shops sometime around 1917. Gladstone became a ghost town with many people leaving or burning their houses for
insurance. Trains still remained an everyday sight in Gladstone for many years after. The depot stayed in service
tbrongh the 1950's but the railroad changed the name to Gloster in 1910 to avoid confusion with Gladstone,
Michigan. The people who stayed behind were the farmers.
Truck farming was the main business in the areas adjacent to St. Paul through much of the first half of this century.
The farmers were the local government for many years. In 1878, a town hall was built for New Canada along the
north shore of Lake Phalen and was moved to Gladstone in 1900. Annual meetings were a big event and the little
building was packed with people. By the early 1950s the old building was run down. The town decided to have its
meetings in a room in the hack of the Gladstone Fire Building.
After World War n, the housing boom began in New Canada Township. Veterans could receive discounts on new
homes and developments began around Wakefield Lake. Residents wanted improved services like sewer, water, and
better roads. These items were the subject of debate at the township meetings. In 1953, Little Canada broke away
from the township and became a city. Many new people were hired to replace the empty spots on the town board.
These were the people who set the wheels in motion for the City of Maplewood. Not only was the popuiation of
New Canada increasing, industry also had interest in the area. 3M was looking for expansion and bought a large
chunk of land in the southern leg. This land was outside of the city limits of St. Paul. Rumors began that St. Paul
wanted to annex the area where 3M was going to be.
An offer was made to the New Canada Township to swap a connection to S1. Paul's sewer and water to add the 3M
land to the city limits. The township didn't like this idea and decided that the best action was to form a city on its
own. On February 26, 1957 the vote was 5 to I in favor of becoming a village.
Waldo Luebben was the first mayor and many of the former New Canada Township board members became village
officials. Ed O'Mara was one of the persons who suggested the name "Maplewood." Warren Berger went out to his
backyard and traced a maple leaf and that became the village logo. Maplewood had a population of 14,200 people
when it incorporated. For a few years, life in Maplewood was much like that of the former township. The village
operated out of the same building attached to the Gladstone Fire Building. The township constables slowly evolved
into the Maplewood Police Department. Len Pepin became a constable in 1954, and was later Maplewood's first
Chief of Police. Fire protection for the Village of Maple wood was by the Gladstone, Parkside, and East County Line
Fire Departments. These organizations merged into the Maplewood Fire Department in 1997.
In the late 50s and early 60s the city continued to use buildings in the old Gladstone site. The Police Department had
a converted house and the engineering department was in an old barber shop and grocery store. According to legend,
work on the new village hall was so slow, Building Inspector Oscar Londin grabbed a shovel and said "I'll do it
myselt1" The two-story city hall was built on Frost Avenue in 1965. It only took 20 years to outgrow the new city
hall and a new one was built in the woods off County Road B and White Bear Avenue.
The Village of Maple wood was changed to the City of Maple wood by the 1970's and adopted the council manager
form of government. The Maplewood Mall opened in the early 1970's and became the major center of retail
bnsiness in Maplewood. In the late 1960s and 70s there was a Maplewood Fall Festival with parades and a Miss
Maplewood pageant. The main event of the city became the 4th of July celebration held at Wakefield Park in the
1970s and 80s and at Hazelwood in the 1990s. The highlight of each event is the fireworks display. By 1990,30,954
people lived in Maplewood. The city was rapidly being developed, especially the southern leg. Open space became
a concern. The home of the 3M Post~It Note became one of the first cities in Minnesota to buy land and set it aside
to remain undeveloped.
10
Chapter 2:
The Advisory Role
Local governments create advisory groups for many different reasons. They are established to:
1. Fulfill local or state statutes
2. Implement a federal or state grant condition
3. Obtain advice on a specific subject
4. Build a community consensus for a project or program
5. Investigate an activity, problem, or event
6. Guide or regulate programs.
Standing committees, commissions, ad hoc committees and task forces are formed for a specific purpose and
dissolve after completing their mission. Advisory boards differ in their duties and responsibilities. Many are totally
advisory to the elected body. Others are empowered to decide specific issues. Others, such as the Planning
Commission, are an integral part of the government structure. If an organization is to function effectively, there
must be clarity, understanding, and acceptance of the roles assigned to the elected body, commissions, and staff.
Role of the Chairperson and Vice Chairperson
Commissions generally appoint the chair and vice chair at set times of the year. Although the appointment is
usually for a year, the chair and vice chair serve at the pleasure of the commission. The willingness and ability of an
individual to serve as the chair or vice chair should be taken into consideration. Commissions should try to give all
commissioners an opportunity to serve as chair. The responsibility of service as chair or vice chair does take extra
time.
Responsibilities of the Chair:
. Preside at all official meetings of the board, commission, or committee.
. Consult with the staff liaison in drafting the meeting agenda.
. Attend City Council meetings, in person or through another commissioner as designee, as needed to
represent the commission, board, or committee with the approval of the commission, board, or committee.
. Sign correspondence from the commission with the approval ofthe City Council.
The effective chairperson also, during meetings:
. Solicits opinions and positions from reticent commission members.
. Protects new thoughts from being rejected prior to fair evaluation.
. Discourages blame-orientated statements.
. Keeps the discussion focused on the issue.
. Builds trust by even handedness and fairness to all the participants.
Responsibilities of the Vice Chair:
. Substitute for tbe Chair as needed.
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Responsibilities of Individual Members
Each member of the city of Maplewood board, commission, or committee agrees to the following responsibilities
during his or her term of office:
. Demonstrate respect, kindness, consideration, and courtesy to others.
. Prepare in advance of meetings (e.g. read agenda packet carefully prior to the meeting) and be familiar with
issues on the agenda.
. Be respectful of other people's time. Stay focused and act efficiently during meetings.
. Serve as a model of leadership and inspire public confidence in Maplewood government.
. Act and speak with honesty and integrity.
. Do not speak for the commission unless authorized by the action of the commission.
. Do not speak for the city unless authorized to do so by action of the City Council.
. Encourage inclusiveness and the free flow of opinions and positions.
Staff Liaison Responsibilities
The City Manager or hislher designee serves as the staff liaison to city boards, commissions, and committees. The
staff liaison attends all meetings of the commission, prepares the agenda, acts as technical advisor, and finalizes the
minutes for approval by the group at its next meeting. Requests for information or support should be directed to the
staff liaison, not directed to other city staff. Commissions do not have any supervisory authority over city
employees.
The responsibilities of city staff serving as liaisons include:
. Provide background and context on a subject.
. Alert the commissions of possible detrimental actions.
. Offer professional expertise and recommendations about an issue.
. Make commissions aware of relevant training opportunities through the League of Minnesota Cities or
other such organizations.
. Keep the board, commission, or committee focused on priorities.
. Interpret codes, ordinances, city policies, and other regulations.
. Ensure that motions and minutes reflect the intent of the commission.
. Educate new members about their role and responsibilities.
. Encourage members to participate fully on the commission.
. Staff will make every effort to respond in a timely and professional manner to requests made by
individual commissioners for information and assistance. Requests that require significant staff time
shonld be approved by the City Councilor city manager.
. Staff response to an individual commissioner will be distributed to all commission members if the
liaison believes the material may be of interest.
. Staff is assigned to the commission but reports to the City Manager.
. Post the agendas and minutes to city bnlletin board (agenda only) and website in a timely manner.
Relationship With City Council
Members of city commissions are sometimes referred to as the "eyes and ears" of the City Council. They serve an
important role in extending the reach of the democratic process into the community. Even though the Council relies
on the work of city commissions, there should be no confusion about the separate roles of each.
12
In this symbiotic relationship, however, commissioners need to remember they were not appointed to relieve the
elected officials of making political decisions. Commissioners should avoid trying to predict actions or votes of
elected officials. This does not preclude them from interpreting elected official philosophy.
Commission members should also recognize that the elected body's area of concern is much broader and in some
cases a commission recommendation will not be followed. Commissioners should not interpret this as a rebuke but
rather an inevitable part ohhe process.
Members of commissions should:
. Make their decisions based on their judgment and not predict by word or action what City Council will
decide.
. Think of themselves as advisors rather than decision-makers (except as prescribed by statute).
. Remember that the City Council has a broader area of concern and does not always follow commission
recommendations.
Council Relationship With Advisory Bodies
The City Council has determined that Council members should not lobby commISSIOners for particular votes.
However, Council members may request that commissioners consider certain issues during their deliberations.
Each member of the Council is assigned to serve in a liaison capacity with one or more city commissions. The
purpose of the liaison assignment is to facilitate communications between the City Council and the advisory body.
The liaison also helps to increase the Council's familiarity with the membership, programs, and issues of the
advisory body. In fulfilling their liaison assignment, Council Members may elect to attend commission meetings
periodically to observe the activities of the advisory body, or simply maintain communications with the commission
chair or staff liaison on a regular basis.
Council members are not participating members of the commission, but are there to create a linkage between the
City Council and commission. In interacting with commissions, Council members are to reflect the views of the
Council as a body.
Term of Office
Term of office on most commissions is 2 or 3 years, although all commissioners serve at the pleasure of the City
Council. The terms of commissioners are staggered to provide continuity to the commissions. A term of office
officially begins when the new member takes the oath of office, which is administered by the Mayor, Manager, City
Clerk, or staff liaison.
Signing Commission Documents/Communications
Commissions may be called upon to write letters to citizens, businesses, or other public agencies. Correspondences
from the commission must be co-signed by the chair and the mayor. Commissioners from time to time may
correspond with citizens in response to inquiries or to provide requested information. In these circumstances,
members should clearly indicate within the letter that they are not speaking for the commission, but for themselves
as a member of the commission. When a commissioner speaks before a public body, the commissioner needs to
inform the agency that he or she is speaking for the commission and has been authorized to speak for the
commission. Commissioners not speaking in an official capacity must explain that they are speaking for
themselves.
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Chapter 3:
Commission Meetings
Agenda
An agenda for each-meeting ofa city commission is prepared by the staff liaison in consultation with the chair. The
agenda outlines the topics or items of business that will be introduced, discussed, and acted upon at each meeting.
Agendas must be available at the City Clerk's office at least 72 hours prior to the meeting.
Placing Items on the Agenda
A commissioner may request an item be considered on a future agenda and, upon consensus of a majority of the
commission, staff will prepare a staff report if formal commission action is necessary.
A member of the public may request an item be placed on a future agenda during public comment or through other
communications with commission members, and upon consensus of a ffi;:YOrity of the commission, a staff report will
be prepared and approved by the City Manager, or his/her designee.
Minutes
Minutes of each meeting of a city commission are usually recorded by city staff. The minutes serve as a permanent
record of the group's actions, testimony, and opinions and they are forwarded to the City Council as input and
background for Council decisions. Generally, a member of a commission making a recommendation will be
available to the Council when such input is given.
There are three types of minutes - Action Minutes: reflect the motion, the maker, and second; Summmy Minutes:
reflect the above action plus a brief summary of the discussion; and Detailed Minutes: reflect actions plus a record
of the entire discussion. The city of Maplewood requires that all commissions prepare "summary minutes";
however, there may be times when "action minutes" are appropriate.
Correction to Minutes
It is important for members of city commissions to closely review minutes and make corrections if needed so that
the approved minutes accurately reflect the work of the group. Corrections to minutes should be made at the
meeting when the minutes are brought forward for adoption. Corrections require a motion, second and a majority
vote, and, if approved, are noted in the minutes of the current meeting. Any changes to the draft minutes approved
by the commission should be reflected in the minutes for the meeting at which the corrections are made. The final
version of the minutes, with the corrections made by the commission, should then be retained by the staff liaison
and the City Clerk.
Special Meetings
Special meetings may be called by the chair of the commission and coordinated through the liaison. Written notice
must be given to the commissioners, media, and others who have requested notice pursuant to the Open Meeting
Law.10 Special meetings of commissions are discouraged by the City Council.
Televised Meetings
As part of its franchise agreement with the City of Maplewood, Comcast provides the city with a channel on the
local cable television system as a means for providing municipal information to the citizens of Maplewood. By
direction of the City Council, meetings of the City Council, the Planning Commission, and other standing
commissions are televised on a regular basis.
10 See Minn. Stat. S 13D.04 Subd. 2.
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Joint Meetings with the City Council
Occasionally commissions schedule a joint meeting with the City Council. These meetings occur as part of a
regularly scheduled City Council meeting and are televised.
Subcommittees
Commissions may, from time to time, form subcommittees to focus on specific issues and make the work of the
group more efficient. Subcommittees are useful when an issue needs to be studied in detail or when outside
expertise is needed. The work and recommendations of subcommittees must always come back to the full
commission for approval in a public meeting.
The subcommittee may not be composed of a quorum of the members of that board, commission, or committee.
Subcommittee meetings for continuing or "standing" subcommittees are not considered public meetings for
purposes of the Minnesota Open Meeting Law. However, the City Council generally encourages the practice of
giving notice of such meetings and keeping them open to the public as practicable.
Subcommittee Guidelines:
I. Clearly define the purpose.
2. Set deadlines for reports and establish sunset provisions.
3. Limit the number of members.
4. Involve all sides of the issue.
5. Appoint a chairperson.
6. Require meeting agendas, minutes, and periodic reports.
7. Enforce sunset provisions.
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Chapter 4:
Parliamentary Procedure
Maplewood's City Commissions follow a modified version of Rosenberg's Rules of Order, Simple Parliamentary
Procedures for the 21st Century, as adopted by the City Council. The adoption of rules was undertaken to simplifY
procedures. A scaled-down and modified version is appropriate for commissions. A copy of these Procedures appear
in the appendix of this handbook.
Parliamentary procedure is adopted for several purposes:
. Promote cooperation and hannony so that people can work together more effectively to accomplish their
goals.
. Guarantee each individual an equal right to propose motions, speak, and ask questions and vote.
. Protect the rights of minority points of view and give the minority the same consideration and respect as
those in the majority.
. Encourage the full and free discussion of every motion presented.
. Ensure that the meeting is fair and conducted in good faith.
. Make decisions by the democratic method, so that the will of the majority determines the actions of the
body.
Quorum
A quorum is the minimum number of members that must be present for a group to conduct business - a majority of
the qualified members of the body. For Quorum purposes, the number of approved, seated members is the
determinative total, with vacant, unfilled seats not counting towards the quorum number. II
Voting Procedure
When present, all commissioners are to vote. Failure of a seated commissioner to orally express a vote constitutes
an affirmative vote.
A conflict of interest shall be declared whenever appropriate and in compliance with state law.12 The affected
commissioner will step down, leave the room, and not participate in the discussion or vote on the item.
Commissioners may declare a consensus on an action if there is agreement and no negative votes or objections.
Upon request of any commissioner, a roll call vote will be taken and recorded.
Tie vote: A tie vote is equivalent to a vote that has failed. The chair may explain the effect of the tie vote for the
public.
Motions
A motion is the way that a group under parliamentary procedure conducts business. There are a number of types of
motion, each of which must meet cel1ain requirements before a vote can be taken. A reference guide to motions is
provided in chart form in the appendix of this handbook.
Steps in making, discussing and voting on a motion:
II See Minn. Stat . 645.08(51.
12 See Official Conflict of Interest, from the League of Minnesota Cities.
16
1. The maker of the motion asks for recognition by the Chahperson.
2. After the individual is recognized, he/she will state "I move..."
3. The Chair will ask if there is a second. Another member of the group must second the motion in order for
discussion to start on the motion.
4. The Chair then restates the motion "It has been moved and seconded that ..." and opens the floor to
discussion.
5. The Chair will recognize members who wish to comment on the motion. Only one motion may be
discussed at a time. It is important that all members of the group are clear on what the motion is and what
its effect will be. Spirited discussion helps to answer questions and explore different intetpretations and/or
impacts of the motion.
6. At the end of the discussion period the Chair will "call for the questions" and ask how many members vote
"Aye" and how many vote "No" or "Abstain".
Frequently-Asked Procedural Questions
Is a majority vote needed in order for a city commission to take action?
Yes. All members present are expected to vote on every question presented unless they have a conflict of interest.
(See page 18 for more information on conflicts of interest.)
What is the procedurefor resigningfrom a city commission?
An individual who must resign due to personal or professional circumstances shall send a letter to the City Council
stating the effective date of the resignation. The resigning individual should, as a matter of courtesy, notifY his or
her commission1s chair and staff liaison at least by copy of the letter.
Under what circumstances can a member of a city commission be removed from office by the City Council?
Members .of board, commissions, and committees serve at the pleasure of the City Council and can be removed
from office at any time, without cause, by majority vote of the Council.
Legal Issues
There are many local, state, and federal laws protecting the democratic process practiced at the municipal level. City
commissions must abide by the same regulations as the City Council.
There are several legal issues of which members of city commissions should be mindful in fulfilling their roles and
responsibilities in municipal government. These are designed to protect fair access of the citizens to their
government and due process through the hearing process.
The Open Meeting Law
The Open Meeting Law applies to all standing commissions established by the City Council. Whenever a quorum
(majority) of the City Councilor a commission is discussing city business, it is a meeting as defined by the Open
Meeting Law.13 Proper advance notice must be given of such meetings,14 and the meetings must be open to the
public. Minnesota law makes commissioners personally liable for intentional violations of the Open Meeting Law. is
13 Minn. Stat. .s 11D
14 Notice requirements are laid out in Minn. Stat. S 13D.04.
15 Minn. Stat. Q 13D.06 Subd. 1
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Commissioners must be particularly aware of the danger of serial meetings. A "serial" meeting is defined as a
situation when members of a city commission individually meet, telephone, email, fax, or otherwise communicate
among each other or through a common person about a topic that will eventually involve the commitment or action
of a quorum. These kinds of meetings are sometimes referred to as "Daisy Chains" and "Hub and Spokes." The
problem with serial meetings is that they develop a consensus of the members outside of a public meeting and
deprive the public of the right to hear the deliberations and to participate in the decision making at a meaningful
time. Members should be cautious about discussing commission business outside of a formal meeting with other
commissioners to avoid engaging in a serial meeting.
For detailed information on the open meeting law, please refer to the Minnesota Onen MeetinQ Law information
brief available from the Research Department of the Minnesota House of Representatives.
Conflict of Interest
Quite simply, if you have a direct financial interest in the matter under consideration, you have a conflict of interest.
If a project under consideration has you, your family, or your company profiting from its approval, it should be a
simple conclusion that there is a conflict of interest in supporting or voting for the project (affirmatively). Similarly,
a conflict of interest would occur if a commissioner were to vote on a zoning variance for his or her own property.
Whenever a member of a city board, commission, or committee believes that there may be a conflict of interest, he
or she should seek an opinion from the City Attorney. At any time, it is safest to err on the conservative side and to
publicly identify the conflict, and follow the rules on disqualification.
If a member has a conflict of interest, the member must disqualify himself or herself from participating in the
matter. This includes all discussion on the matter as well as the actual vote. The best practice is to step down and
leave the meeting while the matter is under consideration. A copy of the LMC's white paper on Official Conflict of
Interest is in the appendix for your consultation as well.
Other Legal Issues
. Boards, commissions, and committees may not be used for political activities. City commissions may not
endorse baIlot measures or candidates for public office. However, members of boards, commissions, and
committees may use their official title in political activities to identify themselves. Members should be
careful to be clear that any statement about a political position represents only their personal view of the
issue or candidate, and in no way implies the endorsement of the full groiJp.
. Individual members cannot unilaterally represent a board, commission, or committee. An individual
member of a commission cannot take any action or make a statement that purports to represent the entire
group, unless that member has been given authority to do so by a majority vote of the commission.
. Correspondence by members of commissions (including letters, emails, and other written communications)
should not appear to represent the viewpoint of the full group unless the correspondence is for official
business of the commission and has been approved by the group and the City CounciL Commissions are
not permitted to send correspondence outside the city government without approval of the City CounciL
. Unilateral contacts are discouraged. If a member of a commission meets privately with an individual or
entity that has an issue coming before the commission, the member should do so without making voting
decisions or commitments. Equal opportunities and due process must be extended to all parties in matters
under consideration. Commissioners shall disclose such contacts at the commission meeting when the item
is discussed.
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Frequently-Asked Legal Questions
Maya member of a city commission choose not to vote?
Members of city commissions are expected to participate in all decisions of their commission. There are two
primary exceptions - if the member is disqualified because of a conflict of interest, or the member is disqualified
because of a fairness issue (such as absence from all or part of a proceeding, or personal animosity between the
member and an individual appearing before the group). When a member has a financial conflict of interest, he or
she must disclose the nature of the conflict and follow the appropriate procedures as previously outlined in this
handbook. In all cases, abstentions should be made to ensure the fair, impartial deliberation process by the board,
commission, or committee.
If a member of a city commission misses all or part of a meeting in which information is presented, can that
member vote on that issue?
Absence does not automatically disqualifY the member from participating in a vote on an issue. If the member
misses all or part of the proceeding in which information about the issue was presented, the member can become
familiar with the record of the meeting by means such as reading the minutes, studying staff reports, or viewing the
recorded version of the meeting.
Who decides if a member can vote?
In order to vote on an issue considered in a previous meeting, a member should state for the record that he/she has
reviewed either a meeting recording, the minutes, or staff report and considered all portions of the issue. The
member detennines if he or she can vote.
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Chapter 5:
Helpful Advice
The following information was compiled from individuals who have served or been liaisons on a board,
commission, or committee.
Criteria for Effectiveness
. Understand the purpose of your commission. Be clear on your role and responsibility and how this
particular board, commission, or committee fits into the governance of the city of Maple wood.
. Prepare for each meeting in advance. Read through the agenda and know what will be discussed at each
meeting. Read through staff reports or other background materials, or visit sites, as appropriate.
. Bring an open mind to each meeting. You are representing the entire community in your role as a member
of a city board, commission, or committee, so it is important to put aside personal opinions and be open to
new ideas, information, and points of view.
. Treat everyone with respect and dignity. You are an important part of the democratic process, which
guarantees access and fair treatment to all. Your behavior and attitudes are in the spotlight and should
reflect the highest standards of the community. Demonstrate patience, show empathy, and remain dignified
under stress.
. Phrase motions with care. Phrasing a motion can be difficult and corrections may be necessary before it is
acted upon. Commissioners may wish to write out motions beforehand or ask staff to prepare a draft for
difficult issues.
Special Tips for New Commissioners
. Attend meetings of the board, commission, or committee before applying for the position. As soon as you
are appointed, regularly attend meetings, even before taking office, to become familiar with current issues
under discussion.
. Read through the minutes of previous meetings.
. Ask the staff liaison if there are backgronnd materials that would be helpful for you to read and study.
. Become familiar with the basic rules of parliamentary procedure.
. Attend one or two City Council meetings to better understand how the role of the individual board,
commission, or committee fits into the overall governance ofthe city.
. Please be aware that as soon as you are sworn in, you are subject to the Open Meeting Law.
Working with City Staff
. Treat all staff as professionals. Acknowledge the abilities, skills, experience, and dignity of every employee
of the city of Maplewood. They are choosing to make their living serving your community and should be
respected for that choice. Recognize that staff liaisons value their family and personal time. Accordingly,
contacting staff during non-working hours is generally discouraged.
. Communicate clearly, honestly, and directly.
. Build a relationship based on mutual trust and respect.
. Don't criticize or embarrass city staff in a public setting. If you have a concern about staff performance, it
should be brought privately to the City Manager.
. Don't ask city staff to perform tasks or share information outside the role as liaison.
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Dealing with the Media
Most members of city commissions have limited contact with the news media. However, there may be situations in
which a member of the media may contact you for comment on an issue.
. You do not have to answer media questions just because they are asked. "No comment" is legal and at
times preferable. Refer the media to the city staff or Council members.
. Make it clear that you are speaking as an individual, not on behalf of the commission, the City Council, or
the City of Maplewood. If it is a subject that is going to come before your commission it is probably
inappropriate to be talking about it to the media.
. It's safest to never "go off the record," Most news professionals will honor an agreement to not quote you,
but there is potential for embarrassment. Words that are not said cannot be quoted.
. Choose words carefully and cautiously. Comments taken out of context can cause problems. Be cautious
about humor, sardonic asides, criticism, sarcasm, or word play.
21
Chapter 6:
Commission Policy Guidelines
Recruitment Policy
City of Maplewoodwill advertise in the local newspaper, the city's channel on cahle TV, and the city web page.
Applications wiIl be kept on file for a period of two years. Applicants will be contacted to ensure their continued
interest before submittal to the City Council for appointments.
Application deadlines are established to allow the City Council time to review the applications. Applications will be
accepted up to 5 p.m. one week prior to appointment by City Council.
Appointments
All comrnissionslboards/task forces and committees are appointed by the City Council.
Role of Commissions
The primary role of City of Maplewood commissions is to review and make recommendations to the City Council
on matters within the commission's scope of responsibility as set forth in the enabling resolution/ordinance, and to
promote increased public awareness, public input, and citizen participation into the determination of city policies.
The specific role of a City of Maplewood commission is that of citizen's advisory "arm" of the City Council,
focusing attention on specific planning and program activities of the city. On specific matters referred to them by
the City Council, commissions serve as the reviewing body of the city. All recommendations, however, are subject
to approval and revision by the City Council, except as otherwise provided by law.
Appointment of Chair and Vice Chair
Commissions/boards will appoint a chair and vice chair at the first regular meeting in December to take over at the
first meeting in January.
Responsibilities of Commission Members
To be selected as a city of Maplewood commission member is an honor and provides an unusual opportunity for
genuine public service. Although the specific duties of each commission vary widely with the purpose for which it
was formed, there are certain responsibilities that are common to all commission members. TIle following is a
summary of those responsibilities:
(I) Abide by the Minnesota Open Meeting Law. All members have received the full text of the Open Meeting Law.
Once a commission member has been sworn in as a member of a commission, he or she must comply with the
requirements of the Open Meeting Law.
(2) Understand the role and scope of responsibility of the commission on which you serve. Be informed of the
individual scope of responsibility and operational procedures.
(3) Represent fairly and fully the majority views of your individual commission. Expression of individual opinions
to the public and press after a commission decision has been made should be identified as such.
(4) Members should represent the public interest, not that of special interest groups.
(5) Good communications - members are in a unique position of serving as a liaison between the city and its
citizens, and can help to reconcile contradictory viewpoints and build consensuS around common goals and
objectives.
22
(6) Carefully review your commission meeting agenda prior to each meeting in order to be fully prepared to discuss,
evaluate, and act on all matters scheduled for consideration. Conclusions based on thorough investigation will
strengthen the value ofthe commission's recommendation.
(7) Supportive relationships with the City Council and city staff are basic requirements for successful operation of
any commission. In contacting city personnel on items of consideration, the proper channel is through the
designated staff liaison providing support for your commission.
(8) Establish a good working relationship with fellow commission members - respect individual viewpoints, allow
other members time to present their views fully before making comments, be open and honest, welcome new
members, and strive- to minimize political action on issues.
(9) Members should not use or involve their commission membership in the conduct of personal political activities,
and must be mindful of the conflict of interest requirements.
(10) When a commission member appears in a non-official, non-representative capacity before any public or private
body, the member shall not identify or disclose hislher membership on a commission. If a question of membership
arises, the member shall indicate that he/she is speaking only as an individual.
Quorum
Business may only take place at special or regular meetings if a quorum of the commission members is present. A
quorum constitutes a majority of the voting membership. A meeting shall be canceled by the chair after 15 minutes
if a quorum is not obtained, and an alternative date and time scheduled.
Qualifications
(a) A commission member must be knowledgeable of and experienced in the areas of interest of the
commission on which he/she wishes to serve.
(b) Unless otherwise stated by the City Council, terms of office on most commissions are 2-3 years for regular
members.
(c) All must be residents of the City of Maplewood proper; however, exceptions can be made for exceptional
circumstances on a case-by-case basis.
(d) No person should serve on more than one commISSIon at a time. However, individuals with special
qualifications may be asked to serve on an additional commission.
(e) City commissions should reflect the community's diversity.
Decorum and Order
Members should accord the utmost courtesy to each other, to city employees, and to the public appearing before the
commission, and should refrain at all times from (I) rude and derogatory remarks, (2) questioning the integrity of
the speaker, (3) abusive comments, (4) statements about the member's personal feelings about the speaker's
motives, and (5) personal attacks. Any member may move to require the chairperson to enforce the commission
rules; the affIrmative vote of a majority of the commission will require the chairperson to so act. Members of the
public attending commission meetings are expected to observe the same rules of order and decorum applicable to
members. Any person making impertinent and slanderous remarks, or who becomes boisterous while addressing the
commission, or while attending the meeting, may be requested to leave the room by the chairperson or staff liaison.
Public Hearings
Commissions should consult the City Council prior to holding a non~obligatory public hearing especially for
controversial issues. Exception: the Planning Commission is required to hold public hearings on planning issues.
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Special Meetings
Commissions should not schedule special meetings except under extraordinary circumstances.
Communication with the City Council
Most communication with the City Council will occur through the Council liaison and staff liaison for each
commission. Any questions regarding the City Council agenda can be directed to the staff liaison.
When a member who is present at a City Council meeting is asked to address the City Council on a matter, the
member should represent the viewpoint of the particular commission as a whole (not a personal opinion); any
representations made to the City Council that are not those of the majority of the commission must be identified as
such.
City Council Relationship with City Commissions/Boards
Individual Council members may attend meetings and may participate in the commissions' discussions, but should
not direct the commissions' discussions or recommendations.
Communication with Other Agencies and Groups
If a member of the commission is authorized by the City Council to represent the city before another governmental
agency or organization, the commission member should represent fully and fairly the majority position of the City
Council. Personal opinions and comments may be expressed only if the commission member clarifies that these
statements do not represent the position of the City Council.
Role of the Staff Liaison
Demand on staff time should be limited to official meetings. The staff liaison role includes orienting and helping
train new members, facilitating meetings and hearings, providing necessary documents, providing information
regarding rules and regulations, preparing and presenting reports to the commission, and answering any questions
that may arise at meetings.
The staff liaison is responsible for keeping the commission in compliance with the Open Meeting Law in tenns of
properly posting notice and agendas of meetings when necessary.
Minutes, after approved by the commission, are forwarded to the City Clerk. The minutes should be a clear and
concise statement of the commission actions and resolutions made.
There are always exceptions to the policy guidelines and these should be considered on individual commission
or member basis.
24
Appendix
The following documents, relevant to Maplewood boards and commissions, are attached for further information and
reference:
. Sample Agenda
. Sample Minutes
. Rosenberg's Rules of Order
. Text of the Open Meeting Law
. Minnesota Open Meeting Law (House Research Information Brief)
. Official Conflict ofInterest (LMC Information Memo)
25
Attachment 2
MAPLEWOOD CODE
DIVISION 6. ENVIRONMENTAL AND NATURAL RESOURCES
COMMISSION
Sec. 2-2xx. Established
The city council establishes for the city an environmental and natural resources
commission as an advisory board to the city council, as provided in Minn. Stats. ~~
462.351-462.365.
(Code 1982, ~ 25-17)
Sec. 2-2xx. Advisory body; exceptions
All actions of the advisory environmental and natural resources commission shall be in
the nature of recommendations to the city council, and the commission shall have no final
authority about any matters, except as the council may lawfully delegate authority to it.
(Code 1982, ~ 25-18)
State law reference- City environmental and natural resources agency to be advisory,
except as otherwise provided by state statute or charter, Minn. Stats. ~ 462.354, subd. 1.
Sec. 2-2xx. Composition; appointment; qualifications; terms
(a) The environmental and natural resources commission shall have seven members
appointed by the council. The members shall be residents of the city and may not
hold an elected city public office. When possible, the council shall select
commission members to represent the various areas of the city and to help meet the
needs of the residents.
(b) The city council shall appoint members of the environmental and natural resources
commission for three-year terms. Ifthe appointment is to fill a vacancy, the
appointment would be to finish the unexpired part of the vacated terms.
(Code 1982, ~ 25-19)
Sec.2-2xx. Chairperson and vice-chairperson.
The environmental and natural resources commission shall elect a chairperson and a
vice-chairperson at the first environmental and natural resources commission meeting in
January each year. The chairperson shall be responsible for calling and presiding at
meetings and shall have an equal vote with other members of the commission. If the
chairperson is not at a meeting, the vice-chairperson shall assume the duties of the
1
chairperson for that meeting. If the chairperson resigns from or is otherwise no longer on
the environmental and natural resources commission, the vice-chairperson shall become
the acting chairperson until the environmental and natural resources commission can hold
an election for new officers.
(Code 1982 S 25-20)
Sec. 2-2xx. Vacancies.
(a) Any of the following may cause the office of an environmental and natural
resources commissioner to become vacated:
(1) Death or removal from the city
(2) Disability or failure to serve, as shown by failure to attend three meetings in
any year, may be cause for removal by council majority, unless good cause
can be shown to the council.
(3) Resignation in writing.
(4) Taking public office in the city.
(b) Vacancies shall be filled by the council for the unexpired portion of the vacated
term.
(Code 1982, S 25-21)
Sec. 2-2xx. Officers; meetings; rules of procedure.
(a) The environmental and natural resources commission shall elect its own officers,
establish meeting times, and adopt its own rules of procedure to be reviewed and
approved by the city council.
(b) All meetings of the environmental and natural resources commission shall be
open to the public.
(Code 1982, S 25-22)
Sec. 2-2xx. Duties and responsibilities.
In order to protect, preserve and enhance the environment of the City of Maple wood, the
Environmental and Natural Resources Commission will:
(1) Establish environmental priorities for the city.
(2) Recommend to the Community Design Review Board, Planning Commission and
City Council changes necessary to existing policies, operating procedures and
ordinances that control, protect, preserve and enhance the city's environmental assets.
2
(3) Recommend to the Community Design Review Board, Planning Commission and
City Council new policies, operating procedures and ordinances that control, protect,
preserve and enhance the city's environmental assets.
(4) Actively participate in and support the mission and goals of the Maplewood Nature
Center and Neighborhood Preserves by promoting environmental awareness through
educational programs, communications and co-sponsored activities.
(5) Pro-actively promote greater use and appreciations of the city's environmental assets.
(6) Review the role of other city groups and how they might assist, support and advise
the Environmental and Natural Resources Commission.
(7) Sponsor environmental projects to enhance, repair, replace or restore neglected or
deteriorating environmental assets of the city.
(8) Develop educational programs and materials that foster the mission to the
Environmental and Natural Resources Commission.
(9) Develop and promote the use of "sustainable practices" for city policies and
procedures. (Code 1982, Ii 25-23)
Sec. 2-2xx. Compensation; expenses.
All members of the environmental and natural resources commission shall serve
without compensation. However, approved expenses of the enviromnental and natural
resources commission shall be paid from available city funds.
Sec. 2-2xx. Responsibilities ofthe Environmental Manager.
Subject to the direction of the city manager, the environmental and natural resources
commission and its chairperson, the environmental manager who reports to the city
engineer shall:
(1) Conduct all correspondence of the commission.
(2) Send out all required notices
(3) Attend all meetings and hearings of the commission.
(4) Keep the dockets and minutes of the commission's proceeclings.
(5) Keep all required records and files.
(6) Maintain the files and indexes ofthe commission.
(Code 1982, Ii 25-25)
Sec.2-2xx. Duties of city engineer, city attorney and other city employees.
(a) The city engineer and the city attorney shall be available to the environmental and
natural resources commission. The city engineer and attorney shall have the right
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to sit in with the commission at all meetings, but shall not be entitled to vote as
members of the commission.
(b) All city engineering department employees and other regular employees or
personnel of the city shall cooperate with the environmental and natural resources
commission and make them self available and attend meetings when requested to
do so.
(Code 1982, S 25-26)
This ordinance shall be effective on October L 2006.
Passed bv the City Council of the City of Maplewood on this 11th dav of September.
2006.
Diana Longrie, Mayor
ATTEST:
Karen Guilfoile, City Clerk
4
Attachment 3
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
RULES OF PROCEDURE
Adopted by Environmental and Natural Resources Commission on October 7, 2008
We, the members of the Environmental and Natural Resources Commission of the City of
Maplewood, Minnesota, created pursuant to Division 4, Sections 18.180 to 18.189 of the
Maplewood Code of Ordinances, hereby adopt the following "Rules of Procedure," subject to the
provisions of said Article, which is hereby made a part of these Rules:
A. APPOINTMENTS
The city council shall make appointments to the environmental and natural resources
commission by following the current city appointment policy.
B. MEETINGS
1. All meetings shall be held in the council chambers in Maplewood City Hall, 1830 E.
County Road B, unless otherwise directed by the chairperson or staff, in which case at
least 24 hours notice will be given to all commissioners.
2. Regular meetings shall be held at 5:15 p.m. on the first Tuesday of each calendar
month, provided that when the meeting falls on a legal holiday or voting day, such
meeting shall be rescheduled.
3. Special meetings may be held upon call by the chairperson or in his/her absence, by
the vice chairperson, or by any other commissioner with the concurrence of a majority
of the commissioners with at least 72 hours notice to all commissioners.
C. COMMUNITY DEVELOPMENT AND PARKS DEPARTMENT
In addition to carrying out the duties prescribed in city ordinance the environmental planner
or a designated replacement shall:
1. Prepare the agenda for each meeting.
2. Act as technical advisor on any matter which comes before the commission.
3. Make written recommendations to the commission on matters referred to the
commission.
4. Schedule any matter with the city council that has been reviewed by the commission
that requires city council approval.
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D. AGENDA
1. Copies of the agenda, together with pertinent staff reports and copies of the minutes of
the previous meeting shall be made available to each member of the commission no
later than three days prior to the next scheduled meeting.
2. The agenda format shall generally read as follows:
a. Call to Order
b. Roll Call
c. Approval of Agenda
d. Approval of Minutes
e. Unfinished Business
f. New Business
g. Visitor Presentations
h. Commissioner Presentations
i. Staff Presentations
j. Adjournment
E. QUORUM
1. A simple majority of the current membership of the commissioners shall constitute a
quorum.
2. Any action by the commission shall require a majority vote of the members present.
F. ELECTION OF OFFICERS
A chairperson and vice chairperson shall be elected at the first environmental and natural
resources commission in January of each year and will serve until their successors have
been elected. Nominations and members interested in serving as the chairperson or vice-
chairperson shall be announced at the last meeting of the year. The chairperson will call for
further nominations at the first meeting in January each year prior to the election.
G. DUTIES OF THE CHAIRPERSON
1. In addition to the duties prescribed in the ordinance, the chair shall represent the
commission at each city council meeting where a commission item is on the agenda,
to present the commission's recommendations and to answer questions from the city
council regarding the decision. If the chair is unavailable to attend the city council
meeting, the chair will appoint a representative from the commission.
H. CHAIRPERSON AND VICE-CHAIRPERSON
1. The chairperson, vice chairperson, and such officers as the commission may decide
shall be elected and assume duties according to the current ordinance.
2. In the absence of the chairperson, the vice chairperson shall perform all duties
required of the chairperson. When both the chairperson and the vice chairperson are
absent, the attending members shall elect a chairperson pro tem.
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3. If the chairperson resigns from or is otherwise no longer on the commission, the vice
chairperson shall become the acting chairperson until the commission can hold an
election for new officers. If the vice chairperson resigns or is otherwise no longer on
the commission, the commission will elect a new vice chairperson at the next possible
commission meeting.
I. TEMPORARY COMMITTEES
1. The commission shall elect by a majority vote such standing committees and
temporary committees as may be required and such committees will be charged with
the duties, examinations, investigations, and inquiries relative to subjects assigned by
the chair.
2. No standing or temporary committee shall have the power to commit the commission
to the endorsement of any plan or program without the express approval of the
commission.
J. VACANCIES
The environmental and natural resources commission. positions shall be vacated or
recommended to the city council for vacation according to the current environmental and
natural resources ordinances.
K. AMENDMENT OR SUSPENSION OF RULES
1. Any of the foregoing rules may be temporarily suspended by a majority vote of the
commissioners present.
2. The "Rules of Procedure" may be amended at any regular meeting by a majority vote.
L. RULES OF ORDER
In all points not covered by these rules, the commission shall be governed in its procedures
by Robert's Rules of Order, Revised.
P:IPW\WorksIEnvironementaIIEnvironmental CommissionlRules of Procedure (5)
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Agenda Item 6.a.
MEMORANDUM
SUBJECT:
DATE:
Environmental and Natural Resource Commission
DuWayne Konewko, Community Development & Park Director
Bill Priefer, Public Works Operations Analyst/Recycling Coordinator
Shann Finwall, AICP, Environmental Planner
Eureka Recycling Contract Amendment
October 13, 2009 for the October 19 ENR Commission Meeting
TO:
FROM:
INTRODUCTION
Proposed amendments to the Eureka Recycling contract were discussed at the September 21,
2009 Environmental and Natural Resource Commission meeting. This item was tabled until it
was determined whether or not the contract could be reopened and amended. Alan Kantrud, city
attorney, is of the opinion that the contract can be reopened for amendments per Clause 24 (Lack
of Adequate Market Demand) which is found on page 13 of the attached contract (Attachment 1).
This clause gives the city specific authority to reopen the contract and negotiate terms that are in
the best interest of the city.
BACKGROUND
During late 2008 and continuing into 2009, the value of recycled materials has dropped by more
than 60%, and worse yet, the volume of recycled materials is decreasing. Due to the current
market conditions, it costs more to process paper than the market will pay for it. Consequently,
there is no revenue, and in fact, the revenue share to the city thus far in 2009 is "negative". The
aluminum market continues to show increases, but the revenue from aluminum still does not
offset the loss from paper. The city's revenue share through September 2009 is negative $1,245
while the revenue share for paper and aluminum during the same period in 2008 was $82,928.
The total revenue share for 2008 resulted in $106,014 to the city.
Our contract with Eureka is typical of metro area recycling contracts: collection, processing and a
revenue share which is tied to market conditions for recycling commodities.
Collection
The city currently pays Eureka $116.73 per ton of material per month to collect recycling in
Maplewood. This equates to approximately $1.71 per household per month or $20.52 per year.
On average, other metro area cities pay their recycling contractors around $30-$40 per household
per year, which does not include educational and promotional materials or any other waste
reduction programs which are offered to the city by Eureka through our contract.
Processing
The city currently pays Eureka $50 per ton for fiber (paper and cardboard) that is processed and
$90 per ton for aluminum. Processing includes the cleaning, sorting, bailing, crushing, marketing
and transporting of the material so they can be made into new products. The city does not pay for
processing for the other material collected such as steel, plastic bottles, milk cartons, juice boxes,
glass and textiles.
Revenue Share Agreement
Since the beginning of the contract in 2006, Eureka has provided over $251 ,000 of revenue to the
city after the processing costs were deducted. The revenue is derived from the sale of the
recyclable materials. Eureka pays the city 60% of the revenue for paper after the processing fee
of $50 per ton is deducted, and pays 50% of the revenue for aluminum after the processing fee of
$90 per ton.
DISCUSSION
Three options are proposed for discussion and consideration:
Option One: Proceed with the proposal presented at the September 21, 2009 meeting which
includes amending and extending the contract as follows:
Eureka and staff propose a change in the collection fee charged by Eureka to Maplewood from a
per ton basis to a per household basis. Under the current per ton fee structure, the cost of
Maplewood's recycling program ebbs and flows with the amount of materials collected at the curb.
Under a new per household fee structure, the amount the city pays Eureka to provide recycling
services remains consistent even if the number of tons rise or fall. It is important to note that
there will be no changes to the revenue sharing agreement. In addition to the change to a per
household basis, staff is also recommending that the contract be extended for a period of two
years beyond the current five year term which terminates on December 31, 2010. The reasons
for extending the contract are as follows:
1. Maplewood's recycling program will be more economically sustainable and will continue to
ensure that all materials collected in Maplewood are recycled to their highest and best use.
2. The change to a per household fee provides much more stability in the cost of the
program, allowing the city to project costs with more accuracy.
3. Maplewood will extend the contract for recycling collection and processing to the end of
2012 with very favorable pricing even in a down market in which new bids would likely be
much higher on both the processing and collection sides of the program.
4. Contract ending 2010 would require that Request For Proposals begin in mid 2010. With
the interest by the Environmental and Natural Resources Commission to review the
feasibility of organized trash hauling, extension of the recycling contract will allow the city
time to align these efforts.
2
Eureka and staff are proposing to move, over the next three years, to a $2.10 per household per
month fee for all curbside and multi-family units. These per household rates will continue to keep
Maplewood's recycling program one of the most cost effective in the metro area. The fee of $2.10
per household ($25.20 per year) for recycling would put Maplewood at the low end of the $30-$40
per year average cost for residents in the metro area. The rate increase would be effective
October 1, 2009 at $2.00 per household through 2010, and then increase five cents per
household in both 2011 and 2012 to arrive at $2.10 per household. The per household fee would
also be adjusted annually using the Federal Reserve Bank of Minneapolis annually published
Consumer Price Index (CPI) or 2.0%, whichever is less. Assuming a 2.0% CPI, the rates would
be $2.09 and $2.18 in 2011 and 2012 respectively
Option Two: Amend the contract to change collection fee basis only, with no extension of
contract:
Eureka and staff propose a change in the collection fee charged by Eureka to Maplewood from a
per ton basis to a per household basis for the balance of the contract which runs through
December 31, 2010. The rate of $2.10 per household per month for all curbside and multi-family
units will be effective in 2009 though 2010 after council approval. Since the contract expires on
December 31, 2010, it will be necessary to do a Request For Proposal before mid 2010. We
have been assured by Eureka Recycling that all proposals will certainly be higher than $2.10 from
all bidders. The following illustrates what other cities are currently paying and reinforces the fact
that Maplewood would still have the best deal going in town at $2.10 per household per month or
$25.20 per year going forward through 2012:
Cost per
City MonthNear
Maplewood $2.10/$25.20
Roseville $2.23/$26.76
Saint Paul $2.24/$26.88
Lauderdale $2.40/$28.80
Edina $2.65/$31.80
Plymouth $2.70/$32.40
SI. Louis Park $2.79/$33.48
Arden Hills $3.06/$36.72
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Option Three: Do Nothing
If we do nothing, it will become increasingly more difficult for Eureka to recycle paper. Clause 24
(Lack of Adequate Market Demand) provides Eureka with a process to negotiate a contract
amendment relating to disposal of such a recyclable commodity that does not have adequate
market demand. The city will be liable to pay the costs of disposal of any item that is deemed not
recyclable by Eureka due to a lack of adequate market demand.
If the Environmental and Natural Resource Commission and the city are truly dedicated to two
stream recycling and sustainability, it is in the best interest of the city and its residents to continue
to recycle paper rather than see it go into the waste stream. If we truly have a city mission to be
green and sustainable, and want to have a robust recycling program that guarantees that all
materials collected in Maplewood are recycled to their highest and best use, then we have an
obligation to reopen and renegotiate this contract. To do nothing is not advisable and will cost us
more money.
SUMMARY
Although our current contract is on a per ton basis, the following table illustrates the costs and the
revenue share on a per household basis over the life of the contract.
EUREKA REVENUE NET
YEAR CHARGE SHARE CHARGE
ANNUAL COST $287,175 $58,640 $228,535
2006 COST PER HOUSEHOLD
PER MONTH $1.60 $0.33 $1.27
ANNUAL COST $298,419 $87,194 $211,225
2007 COST PER HOUSEHOLD
PER MONTH $1.66 $0.48 $1.18
ANNUAL COST $314,121 $106,014 $208,107
2008 COST PER HOUSEHOLD
PER MONTH $1.75 $0.59 $1.16
ANNUAL COST * $221,108 -$1,245 $222,353
2009 COST PER HOUSEHOLD
PER MONTH $1.71 -$0.01 $1.72
ANNUAL COST $377,748 $0.00 $377,748
2010 COST PER HOUSEHOLD
PER MONTH $2.10 $0.00 $2.10
*2009 Costs through
September
HOUSEHOLD
RATE
$2.02
$2.02
$2.12
$2.12
$2.12
4
For example, in 2008, Eureka charged the city $314,121 for the collection and processing of
recyclables. This charge was offset by a revenue share of $106,014 which resulted in a net
charge of $208,107 to the city. What this means per household is that Maplewood paid a net
charge of $1.16 per household to Eureka to collect and process recyclables in 2008.
The monthly fee charged to each residential and multifamily unit was $2.12 per month in 2008
which generated revenue of $0.96 per household to the Recycling Fund in 2008 which was used
to pay other recycling operating costs and to contribute to the fund balance. However, without a
positive revenue share in 2009 (and assuming zero revenue in 2010 due to the continued down
markets), the contribution to the Recycling Fund will be reduced considerably. The Recycling
Fund is an enterprise fund that is financed through user fees (i.e. $2.12 per month per household)
and does not rely on the general fund for financing. An enterprise fund is financed and operated
in a manner similar to private business enterprises.
Fortunately the Recycling Fund has a healthy fund balance which will allow the city to weather
2010 if the markets remain down. The fund itself can absorb the additional cost for now. And, we
will not have to raise the recycling rate of $2.12 per month charged to our residents in 2010.
RECOMMENDATION
Staff recommends that the Environmental and Natural Resources Commission approve the
Option One proposal that would amend the Eureka Recycling contract to change the collection
fee from a per ton basis to a per household basis, and extend the contract two additional years
through December of 2012. Staff will then bring this item before the city council for their
consideration at the October 26, 2009 council meeting.
Attachment: Contract Agreement Between City of Maplewood and Eureka Recycling for Recycling Services
5
JlOY ] 5 Iml
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 I 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..........................................................................................10
11. Customer Complaints.................................................................................................1 0
12. City retains right to specify resident preparation instructions .....................................10
13. City shall approve Contractor's public education Iiterature.........................................10
14. Weighing of loads.......................................................................................................11
15. Monthly and annual reports........................................................................................11
16. Ownership of recyclables ...........................................................................................11
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...............................................................................12
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
27. Licenses and Permits .... ........... ..... ........ .......... ............ ... ..... ...... ...... .... .............. ... ......14
28. Performance monitoring .. ............. ........ .... ........... ... ...................... ...... ...... ...... ...... ...... 14
29. Liquidated damages........ ... ......... ............... ......... ...... .... ......... ........... ...... ......... ..........14
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 to be Added in 2006............................................................................16
MULTI FAMILY COLLECTION REQUIREMENTS............................................................16
35. MFD building owners may elect to subscribe to recycling service under the City's
contract...................................................................................................................... 16
36. Multi-family collection stations .... ...... ... .... ..... ........ ....... ... .... ...... .......... ......... ...... .... .....16
37. Multi-family container location(s) ................................................................................ 16
38. Multi-family service standards ....................................................................................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 to MFD building owners .......................................................................17
INSURANCE AND OTHER LEGAL REQUIREMENTS ....................................................18
44. Insurance. ... ..... ..... ....... ........ ....... ...... ... ......... ....... ....... ... ......... .......... ........... ......... .....18
45. Transfer of interest .....................................................................................................19
46. Non-Assignability and Bankruptcy..............................................................................19
47. Dispute resolution and arbitration procedures............................................................ 19
48. Performance bond.... ........... .,. .... ..... ........ ... ............. ... ....... ..... .................... ........ ........19
49. General compliance ... ....... .... .... .... ..... ....... ... ..... ..... ... .... ....... ........... ....... ............... .....20
50. Independent contractor ..... ... ........ .......... ..... ........ ............ .... ..... ... ........ .......... ... ......... .20
51. Hold harmless ....... .... ... ....... .... ..... ........ ....... ... ...... .... ...... .... ............... ........... ....... .......20
52. Accounting standards................................................................................................. 20
53. Retention of records ... ....... ........ ...... .... .... ........ ........ ...... .... ..... ......... ................ ...... .....20
2
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
"
This Agreement is made this 10 i.hday of ()66~[lL2005, between the City of
Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the "City") 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 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. Definitions
1..1. UAluminum 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
1.4 "City-designated recye/ables" or "Recye/able 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 nContractor"
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 recye/ing 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 "Glassjars.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.
5
1.14 "MFD recycling containers"
Recycling containers used for multiple family dwellings (MFO) including any bin, cart,
dumpster or other receptacle for temporary storage and collection of designated recyclables
from residents in MFO'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 (Le.,
carts) and use multi-family recycling stations.
In general, multi-family recycling service shall be provided to MFO's 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. Multi-family recycling stations will likely be a cluster of
recycling carts and/or recycling dumpsters (e.g., for old corrugated cardboard).
1.17 "Non 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 ori 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 (HOPE) 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.
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1..21. uProcessing"
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 UTexfiles"
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 se.rvice 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.
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. Review City staff recommendations for Contractor's service improvements.
. Discuss other opportunities for improvement with the remaining years under the
current contract.
5. "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.
6. Payment Terms
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.
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6.3.2 Aluminum
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.
6.5 Other
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 (Le., 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.
8. 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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18. 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 gl<lsS cullet, 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 <lnd/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.
23. Estimating process residuals
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.
24. Lack of adequate market demand
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.
25. Vehicle requirements
Each collection vehicle shall be equipped with the following:
· 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.
. Waming 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 (Le., 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.
34. New Materials to be Added in 2006
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
and/or 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 8-
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 anyone 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.
48. Performance bond
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 employer/employee 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.
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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/B/A "Eureka Recycling"): City of Maplewood:
By
C
UL
B~q~J7~{~~~
City Manager
Executive Officer
B4~
Chief Operating Officer
~
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By
Mayor
APPROVED TO FORM
City Attorney
22
Agenda Item 9.a.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Environmental and Natural Resources Commission Term Expirations
October 13, 2009 for the October 19 ENR Commission Meeting
The Environmental and Natural Resources Commission consists of seven members appointed by
the city council. Membership terms are for three years, with extensions for additional terms
approved by the city council. The current membership is as follows:
Board Member
Membership Beqan
Term Expires
Carole Lynne
Carol Mason Sherrill
Ginny Yingling
Dale Trippler
Frederica Musgrave
Bill Schreiner
Judith Johannesen
11/27/06
11/27/06
11/30/06
02/25/08
06/25/07
06/09/08
07/14/08
12/31/09
12/31/09
12/31/09
12/31/09
12/31/09
12/31/10
12/31/10
The city manager's office will soon be submitting letters to all commissioners whose terms expire at
the end of 2009 asking your interest in re-appointment. All applicants will be interviewed and
commissioners will be appointed or re-appointed by the city council in early 2010. This
memorandum serves as an update to the commission only and no action is required.