HomeMy WebLinkAbout2010-03-24 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION
Wednesday, March 24, 2010
5:30 to 6:30 p.m. (Goal Setting Session)
7 p.m. (Regular Meeting)
Council Chambers - Maplewood City Hall
1830 County Road BEast
1. Goal Setting (5:30 to 6:30 p.m.)
2. Regular Meeting (7 p.m.)
a. Call to Order
b. Roll Call
c. Approval of Agenda
d. Approval of Minutes: February 24, 2010
e. New Business
1) Election of Chair and Vice Chair
f. Unfinished Business
1) Recycling Contract Request for Proposal
2) Chickens in Residential Zoning Districts
3) Stormwater Ordinance
4) Flood Plain Ordinance
g. Visitor Presentations
h. Commission Presentations
i. Staff Presentations
1) Spring Clean Up (April 24)
2) Maplewood Nature Center Programs
j. Adjourn
Agenda Item 1 (Goal Setting)
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
2010 Goal Setting
March 11, 2010 for the March 24 ENR Commission Meeting
INTRODUCTION
In November 2008 the Environmental and Natural Resources (ENR) Commission held a goal
setting meeting. During the meeting the commission chose three main goals to focus on in 2009
including stormwater, greenways, and trash hauling. In addition to working on these goals
throughout the year, the ENR Commission continued or began work on several other
environmental issues. The ENR Commission should now review the status of the 2009 goals and
determine if any of these goals should be carried over to 2010, if the commission should set new
goals, and determine how best to implement the goals.
DISCUSSION
Status of Goals
1. Stormwater: In 2009, the commission reviewed Maplewood's.National Pollutant Discharge
Elimination System (NPDES) Phase II Annual Report, which is" a permitting program
required by the federal Clean Water Act. Additionally, the commission reviewed and
recommended app,roval of the surface water management plan, which is a plan required by
state statute that focuses on programs to address priority stormwater management
concerns connected to land use planning and official controls. From August until now the
commission has discussed implementation strategies for the surface water management
plan, which includes updating the city's ordinances and rules to ensure compliance with the
plan. The commission will complete this work with the review and approval of new
stormwater engineering standards and a stormwater ordinance. This work should be
complete by April 2010.
2. Greenways: The greenways subcommittee began exploring the city's four greenways and
general greenway concepts. The city council formally adopted the 2030 comprehensive
plan in January 2010, which includes the greenway concepts. A broader dialog will now be
required to ensure full participation of these concepts by the community.
3. Trash Hauling: The trash hauling subcommittee did research on the impacts of multiple
haulers in the city. The subcommittee submitted a short report describing those impacts.
The commission made a motion directing staff to do a formal review of the issue and bring
the report back for a recommendation by the commission on the feasibility of organizing the
city's trash hauling system. Based on this interest, the city council also chose trash hauling
as one of their 2010 goals during their retreat which was held in February.
Since that time the city has begun the recycling request for proposal (RFP) process in order
to negotiate a new recycling contract by 2011. It is staff's intent to begin a thorough review
of the city's trash hauling system once the recycling RFP is complete in June 2010.
Unfinished Business
In 2009, the commission also undertook several environmental issues which remain unfinished
including:
1. Environmental Protection Ordinance (Slopes and Mississippi Critical Area [MCA]): The
Environmental Protection Ordinance included four areas of environmental regulations - tree
preservation, wetlands, slopes and the MCA. The ENR Commission has completed the
review and updates of the tree preservation and wetland portions of this ordinance. The
commission began reviewing the slope and MCA regulations last year. Since that time the
Department of Natural Resources (DNR) has begun a rulemaking process for amendments
to the statewide MCA rules. Commissioner Yingling has volunteered to represent the city in
this process, and is serving on one of the MCA task forces organized by the DNR. The
commission may want to consider waiting until the new rules are in place to make major
amendments to the city's portion of the MCA (south Maplewood). However, the
commission may want to forge on with the review of the slope ordinance, which is in place
to protect all slopes in the city.
2. Alternative Energy Ordinance: The city has funding remaining from the Energy Efficiency
and Conservation Block Grant (EECBG).Staff would like to use these funds toward the
implementation of strategies outlined in the Energy Efficiency and Conservation Strategy
adopted by the city last year. As such, the city will be working with George Johnson of SEH
to draft an alternative energy ordinance. As you recall, Mr. Johnson is the consultant who
drafted the strategy for the city as well. Mr. Johnson will be attending the April ENR
Commission meeting to begin this process.
3. Chickens in Residential Zoning Districts: Staff has been working on a proposed ordinance
which would allow Chickens in residential zoning districts. This ordinance will be reviewed
by the commission in March.
4. Shoreland Ordinance: The DNR conducted a rulemaking process last year to update the
statewide shoreland rules. The draft rules are being reviewed by state agencies for final
adoption this summer. Once adopted, municipalities will be required to review their
shoreland ordinances to ensure they address the new regulations. When the ENR
Commission undertakes this task later this year, the city will also need to review the
feasibility of regulating wetlands adjacent to lakes, as directed by the city council during the
wetland ordinance review.
RECOMMENDATION
During the goal-setting meeting, the Environmental and Natural Resources Commission should: 1)
review the status of the 2009 goals and determine if any of these goals should be carried over to
2010; 2) determine if the commission should set new goals; and 3) determine how best to
implement the goals.
2
Agenda Item 2.d.
DRAFT
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Wednesday. February 24,2010
Council Chambers, City Hall
1830 County Road BEast
A. CALL TO ORDER
A meeting of the Environmental and Natural Resources Commission was called to order at 7:00
p.m. by Chair Mason Sherrill.
B. ROLL CALL
Introduction of New Commissioner:
Randee Edmundson
Carol Mason Sherrill, Chair
Randee Edmundson, Commissioner
Judith Johannessen, Commissioner
Carole Lynne, Commissioner
Bill Schreiner, Commissioner
Dale Trippler, Commissioner
Ginny Yingling, Commissioner
Present
Present
Present
Present
Absent
Present
Present
Staff Present
Shann Finwall, Environmental Planner
David Thomalla, Police Chief
Rick Ruzicka, Animal Control Officer
City Council Liaison
Kathleen Juenemann
C. APPROVAL OF AGENDA
Chair Mason Sherrill had an addition to the agenda, adding Ron Cockriel to visitor presentations
in regard to a Beaver Lake property.
Commissioner Johannessen moved to approve the aQenda as amended.
Seconded by Commissioner Yingling.
Ayes - All
The motion passed.
D. APPROVAL OF MINUTES
Approval of January 19,2010 ENR Minutes
Commissioner Trippler had a correction on page 3 in the third sentence it should say Commission
members Gaynor and Yingling.
February 24, 2010
Environmental and Natural Resources Commission Meeting Minutes
1
Commissioner Yingling moved to approve the January 19. 2010. Environmental and Natural
Resources Commission MeetinQ minutes as amended.
Seconded by Commissioner Trippler.
Ayes - All
Abstention - Commissioner Edmundson
The motion passed.
E. UNFINISHED BUSINESS
1. Chickens In Residential Zoning Districts
a. Environmental Planner, Shann Finwall gave the presentation and answered questions of
the commission.
b. Maplewood Police Chief, Dave Thomalla gave a report and answered questions of the
commission. In summary, Chief Thomalla discussed several aspects of allowing chickens
in residential areas that could cause nuisances to surrounding properties and the city as a
whole including disease and containment.
c. Maplewood Animal Control Officer, Rick Ruzicka gave a report and answered questions of
the commission. In summary Mr. Ruzicka discussed the costs associated with a stray
chicken and possible diseases that could be spread by chickens.
d. City Council member and ENR Liaison, Kathleen Juenemann addressed the commission.
In summary, Councilmember Juenemann stated that if the ENR Commission proceeded
with an ordinance, the council will want to ensure that all of the nuisance factors are
addressed in the ordinance prior to adoption.
e. Jeremy Decker, Maplewood resident spoke regarding his support for allowing chickens in
residential zoning districts.
The commission stated that they would like staff to draft an ordinance and bring it back to the
ENR Commission.
F. NEW BUSINESS
1. Eureka 2009 Work Report
a. Environmental Planner, Shann Finwall introduced the item.
b. Director of Customer Relations with Eureka Recycling, Christopher Goodwin, addressed
and answered questions of the commission regarding the 2009 Eureka Year End Report.
The report includes information regarding materials that are being recycled and the
process Eureka is using to improve the recycling process and reduce the costs to recycle.
He mentioned "public space" recycling, recycling bins/containers, and signage. Educating
the public on recycling is an important part of Eureka's mission. Mr. Goodwin answered
questions about Eureka's involvement in broad based recycling policy. Eureka works with
the state legislature to support policies that require manufactures to recycle or reuse the
products they create. He also shared the recycling hotline which is 651-222-7678(SORT).
2. Recycling Contract Request For Proposal Discussion
a. Environmental Planner, Shann Finwall gave the report.
b. Mary Chamberlain of R.W. Beck discussed specifics of the Recycling Contract of the RFP.
c. City Councilmember and ENR Liaison, Kathleen Juenemann addressed the commission
regarding various aspects of recycling and the RFP used by the city in the past.
3. Flood Plain Ordinance
a. Environmental Planner, Shann Finwall gave the report. Ms. Finwall discussed FEMA's
requirements for cities to update their flood ordinances. The ENR Commission will
continue this discussion in March.
February 24, 2010
Environmental and Natural Resources Commission Meeting Minutes
2
4. Resolution of Appreciation for Commissioner Frederica Musgrave
Commissioner Yingling made a motion to adopt the resolution of appreciation for
Commissioner Frederica MusQrave.
Seconded by Commissioner Edmundson.
Ayes - Chair Mason Sherrill,
Commissioners Edmundson, Lynne,
and Yingling
Navs - Commissioners Johannessen
and Trippler
The motion passed.
G. VISITOR PRESENTATIONS
1. Ron Cockriel - 943 New Century Boulevard, Maplewood. Mr. Cockriel spoke to the
commission regarding the single-family home available on Beaver Lake. Mr. Cockriel would
like to propose that the city or the county purchase this property, which is currently
surrounded by county open space. Mr. Cockriel and the owner will be holding an open house
for city and county officials.
2. City Councilmember Juenemann spoke regarding Mr. Cockriel's comments. Councilmember
Juenemann indicated that a new owner would have a difficult time developing this site with
the shoreland ad wetland regulations. It is a good time for the county to consider purchasing
this land as part of their open space.
H. COMMISSION PRESENTATIONS
None.
I. STAFF PRESENTATIONS
1. March Meetings Proposed
a. March 15, 2010, 5 to 9 p.m.: Recycling contractor RFP information meeting (5 to 5:45 p.m.
dinner, 5:45 to 9 p.m. recycling contractor questions/presentations)
b. March 24 or 25,2010,5:30 to 9 p.m.: ENR Commission Goal Setting and Regular March
Meeting (5:30 to 6:30 p.m. goal setting, 6:30 to 7 dinner, 7 to 9 regular meeting)
2. Sustainability Conference - March 12
a. Environmental Planner, Shann Finwall stated that the Sustainability Conference is Friday,
March 12, 2010, Central Lutheran Church in Minneapolis from noon until 5 p.m.
3. Spring Clean Up - April 24
a. Environmental Planner, Shann Finwall stated that the Spring Clean Up is Saturday, April
24,2010, from 8 a.m. until 1 p.m. at Aldrich Arena.
4. Rain barrel and Compost Bin Sale
a. Environmental Planner, Shann Finwall stated that the rain barrel and compost bin sale will
be held May 1, 2010. The rain barrels and compost bins called the Earthmovers will be
offered at a reduced cost of $45 apiece.
February 24, 2010
Environmental and Natural Resources Commission Meeting Minutes
3
5. Waterfest - May 22
a. Environmental Planner, Shann Finwall stated Waterfest will be held at Phalen Lake on
Saturday, May 22, 2010. Waterfest is hosted by the Ramsey-Washington Metro
Watershed District.
6. Maplewood Nature Center Programs
a. Environmental Planner, Shann Finwall stated the Friends of Maplewood are sponsoring
the Maple Sugar Bush Family trip on Saturday, March 27, 2010.
b. Environmental Planner, Shann Finwall discussed the Maplewood Nature Center's
Extreme Green Makeover programming.
J. ADJOURNMENT
Chair Mason Sherrill adjourned the meeting at 9:35 p.m.
February 24,2010
Environmental and Natural Resources Commission Meeting Minutes
4
Agenda Item 2.e.1.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Election of Chair and Vice Chair
March 15, 2010 for the March 24 ENR Commission Meeting
The Environmental and Natural Resources Commission ordinance requires that the commission
elect a chair and vice-chair to run the meetings each year. In 2009, the Environmental and Natural
Resources Commission elected Commissioner Carol Mason Sherrill to be the chair and
Commissioner Dale Trippler to be the vice-chair of the commission. During the March 24 ENR
Commission meeting the commission should appoint commissioners to serve as chair and vice-
chair for 2010, and vote on those appointees.
Agenda Item 2.f.1.
MEMORANDUM
TO:
FROM:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
DuWayne Konewko, Community Development and Parks Director
Bill Priefer, Recycling Coordinator
Recycling Contract Request for Proposal
March 19, 2010 for the March 24 ENR Commission Meeting
SUBJECT:
DATE:
INTRODUCTION
The five-year recycling contract with Eureka Recycling will end on December 31, 2010. In order
to ensure a new recycling contract is awarded by January 1,2011, the city must prepare and
submit a request for proposal (RFP) to interested recycling contractors which outlines the city's
recycling requirements.
Background
On February 1, 2010, the City Council held a workshop to discuss the recycling contract RFP
process and requirements.
On February 24, 2010, the ENR Commission reviewed draft language proposed for the city's
recycling contract RFP. Comments received by the commission during the review included the
following:
. Will the new contract be priced per household?
. When the city drafted the last RFP we knew at that time that there were very few haulers
who were still pricing by the ton. The future of recycling seems to be pricing by the
household.
. Can you give us an idea of the participation rates for single versus dual stream recycling?
. The city's RFP should only include dual stream recycling, since we want to ensure a low
residual rate.
. We should keep the alternative single stream bid and then score higher for dual stream on
the scoring sheets.
. The city should consider having a contract for three years, with two, two-year extensions. If
we go with a five-year contract, there should be an escape clause in the event the city is not
happy with the recycling contractor.
. If we want dual stream, why would we even ask for an alternative single stream?
. We would do this to ensure we see what kind of pricing is out there and also to protect us
from possible law suits from contractors who don't offer dual stream, but want to bid on city's
contract.
. In our evaluation criteria we should ensure that a low residual rate would score more points.
. In the RFP we should ensure that we strongly emphasize education. Especially educating
people that it is first and foremost important to reduce, reuse, and then recycle.
. We should put something in the RFP about adding new materials when feasible.
. I have heard complaints about the recycled product getting wet in the bins. Is this an issue?
. The RFP should include the requirement for the recycling contractor to offer a customer
service hotline.
In general, the commissioners were supportive of continuing with dual stream recycling. The
commission also stressed the importance of including educational requirements in the RFP.
On March 15,2010, the ENR Commission held a recycling contractor informational meeting.
The intent of the meeting was to allow interested recycling contractors to present their recycling
program to the city. Following are the contractors which presented during the meeting:
. Allied Waste Services
. Tennis Sanitation
. Eureka Recycling
. Waste Management
. Highland Sanitation
DISCUSSION
Based on the ENR Commission's review of the first draft of the RFP in February, Mary
Chamberlain of R.W. Beck has revised the RFP (Attachment 1). Major changes to consider are
as follows:
. 1.1 Statement of Intent - Additional paragraph added at the end to the effect that the city
may be interested in organics collection in the future. That way the vendors know it is on the
city's radar.
. 3.2 Collection Vehicle Equipment Requirements
. 3.4 Personnel Requirements
. 3.9 Customer Complaints
. 3.11 Publicity, Promotion and Education
. 3.22 Lack of Adequate Market Demand
. 5.7 Public Education Information for Multi-Family Tenants
. Section 6 Payment Terms
. 6.3 Price Adjustment
. 12.0 Proposal Content - The last bullet is new and addresses the proposer's sustainability
initiatives and plans to reduce greenhouse gas emissions.
. 20.0 Evaluation Criteria - At least 50 points is recommended for pricing. Should other things
be added such as sustainability plans, emissions, or number of axles on trucks?
RECOMMENDATION
Review and comment on the draft recycling request for proposal (Attachment 1). The RFP will
then be revised for a final review by the commission on April 19, prior to the city council's initial
review during a workshop on April 26.
Attachment:
1) Recycling Contract Request for Proposal (Draft)
2
Attachment 1
City of Maplewood, Minnesota
Request for Proposals (RFP)
for
Comprehensive Re ing Services
DRAFT
ternal Use Only)
,2010
City of Maple wood
Community Development & Parks Department
Environmental & Natural Resources Division
City Hall
1830 County Road BEast
Maplewood, MN 55109
1.
1.1
1.2
2.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.
2.1
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
3.
3.1
Table of Contents
Introdu ction ......................................................................................... 1
Statement ofIntent and City Goals........................................................................ 1
Background. ........ ... .... .... ... ... ........... ........ ... ...... ... ................. ... .......................... ..... 1
Definitions ............................................................................................ 2
Aluminum Cans ............. ...... ........... ... ..... ... ......... ........... ......... .......................... ..... 2
City's Designated Contact Person ......................................................................... 2
City-Designated Recyclables.. ........... ........ ............. ....... ............. ......... ........... 2
Collection. ......... ..... .... .......... ........... ... ..... ......... ....... ...... ... .... ... .... ... ... .............. 2
Contractor .............................................................. ...............................2
Contractor's Annual Recycling Public Education yer ........ ........................ 2
Curbside Recycling Bins .............................................................. .................3
Curbside Recycling Service.....................................:........................... ..............3
Glass Bottles and Jars............................................................................................ 3
Market Demand................. ..........................................................................3
Markets. ......... ..... ........ ........ ... ... ....... ............. ... .............. ... .,. .... ....... 3
Materials Recovery Facility ) ..... ...............................................3
Milk Cartons & Juice Boxes.... ..............................................................3
Multi-Family Dwelling (MFD) .... ................................................................. 3
MFD Recycling Containers............. .............................................................4
MFD Recycling Service .....................................................................................4
ling Stations .................................................................................... 4
aterials ...... .... ......... ............ ....... ... ....... ...... ........... ............. ....... 4
ardboard (OCC) .....................................................................4
.................................................................................................4
....................................................................................................4
lduals .......................... ..... ......... ..... ..... .... ...... ................. ........... ....... 4
Processing........................................................................................................... 5
Proposal Scenarios ............................................................................................. 5
Single-Family Dwelling (SFD) .......................................................................... 5
Steel Cans........................................................................................................... 5
Textiles............................................................................................................... 5
General Requirements for All Collections........................................ 5
Contractor Licensing Requirements ...................................................................... 6
-i-
3.2 Collection Vehicle Equipment Requirements ....................................................... 6
3.3 Pollution Reduction ............ ....... ............... ................................ ................ ............. 6
3.4 Personnel Requirements ........................................................................................ 6
3.5 Collection Hours and Days.................................................................................... 7
3.6 Holidays ... ........................ ...... .... ...... ............... ... ............. .......................... ............. 7
3.7 Severe Weather ...................................................................................................... 7
3.8 Missed Collections ................................................................................................ 8
3.9 Customer Complaints ............................................................................................ 8
3.10 City Retains Right to SpecifY Resident Preparation Instructions ...................... 8
3.11 Publicity, Promotion and Education................................................................... 8
3.12 City Shall Approve Contractor's Resident E ation Tags............................... 9
3.13 Weighing of Loads................................. ..................................................... 9
3.14 Monthly and Annual Reports........... ....................................... 9
3.15 Ownership of Recyclable Materials ....... ............................................. 9
3.16 Scavenging Prohibited................................... ............................................10
3.17 Cleanup of Spillage or Blowing Litter ................ ..................................... 10
3.18 Transportation of Recyclable Material to Mark s Required; Disposal of
Recyclable Materials Prohibited.. ............. .................. ................ .......... ................. ........ 10
3.19 ust be Specified........................................................... 10
3.20 Estimaf position as Collected .............................................. 10
3.21 ............................................................... 10
3.22 .................................................................. 11
3.23 .................................................................................. 11
4. Curbside Collection Requirements ................................................. 11
4.1 Point of Collection............................................................................................... 11
4.2 Curbside Collection Schedule Deadline .............................................................. 11
4.3 Procedure for Handling Non-Targeted Materials................................................ 12
4.4 Public Education Information for SFD Residents ............................................... 12
5. Multi-Family Dwelling (MFD) Collection Requirements ............. 12
5.1 MFD Building Owners May Elect to Subscribe to Recycling Service Other Than
the City's Contract. ......... ...... ..................... ..... ...................... ........................ ........... ...... 12
5.2 MFD Collection Stations..................................................................................... 12
5.3 MFD Container Location(s) ................................................................................ 12
5.4 MFD Service Standards....................................................................................... 13
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5.5
5.6
5.7
5.8
5.9
6.
6.1
6.2
6.3
7.
8.
8.1
8.2
8.3
8.4
8.5
8.6
8.7
8.8
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
20.1
21.
21.1
MFD Recycling Container Requirements ........................................................... 13
Responsibility for Providing and Maintaining Recycling Containers................. 13
Public Education Information for MFD Tenants................................................. 13
Other Public Education Tools to MFD Building Owners ................................... 13
Annual Report to MFD Building Owners ........................................................... 13
Payment Terms ................................................................................. 14
Compensation for Services Based on a Dollar per Household............................ 14
Revenue Sharing.. ...... ............... ......... ................... ......... ......... ............ .... ........ ..... 14
Price Adjustment ................................................................................................. 14
Term of Contract ..............................................................................14
Submitting Proposals........................................................................ 15
Notification of Intent ................................. ................................................... 15
Questions ............................................. .....................................15
Contact Restriction .................................... ........................................... 15
Proposals Held ConfidentiaL.......................... ............................................15
Review Committee ................................................. ..................................... 15
Negotiations......................................................................................................... 16
Award of Contract ........................................................................................... 16
................................................................................... 16
Annual Performance Review Meeting ............................................ 16
Proposals May be Rejected in Whole or Part ................................ 16
How to Submit Proposals .............,................................................... 17
Proposal Content............................................................................... 17
Dual-Stream Proposal Scenario....................................................... 18
Single-Stream Proposal Scenario .................................................... 18
Price Worksheet ................................................................................ 18
Revenue Sharing ............................................................................... 19
Processing Fees .................................................................................. 20
Vendors May Team with Other Companies................................... 20
RFP and Proposal to Become Part of Final Contract ................... 20
Evaluation Criteria ........................................................................... 21
Liquidated Damages....... ..................... ......... .................. ....... ......... ....... ........... 21
Insurance and Other Legal Requirements ..................................... 22
Insurance. ... ...... ... ..... ............ ... ...... ...... ... ... ... ... ...... ... ......... .... ......... ....... ........ ... 22
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21.2 Transfer of Interest........................................................................................ ... 23
21.3 Non-Assignability and Bankruptcy.................................................................. 24
21.4 Dispute Resolution and Arbitration Procedures............................................... 24
21.5 Performance Bond............................................................................................ 24
21.6 General Compliance......................................................................................... 24
21.7 Independent Contractor .................................................................................... 24
21.8 Hold Harmless.................................................................................................. 24
21.9 Accounting Standards ...................................................... .......................... 25
21.10 Retention of Records.................................................. ............................... 25
21.11 Data Practices...................................................... ............................. 25
21.12 Inspection of Records........................................ ............... ....................... 25
21.13 Applicable Law......................................................................... ................ 25
21.14 Contract Termination ............................................:......................... ...........26
21.15 Employee Working Conditions and Contractor's Safety Procedures .............. 26
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Map of Maplewood's Weekly Recycling Schedule
Maplewood Recycling Tonnage Estimates
Price Worksheet [t(}l:'<lme]
Current Contractor's Annual Recycling Public Education for SFD
and MFD Residents
~ iv M
1. Introduction
The following sections describe the City of Maplewood's intent, background,
general information, and decision process about this request for proposals (RFP).
1.1 Statement ofIntent and City Goals
This RFP defines the service standards, specifications and proposal requirements
of the comprehensive recycling program for the City of Maplewood, Minnesota
(City). The City seeks to enter into a new recycling contract with a company that
has the resources and ability to provide residential recyclable materials collection
servic~s for the entire City.
It is the intent of the City to accept and ~valuate proposals for comprehensive
recycling services including collection, processing, marketing and pubic
education. The goals of the City are to:
1.) Maximize the fullest recovery possi
residents in the City (from both si
and to achieve the most cost-effe
2.) Improve public education of all about recycling services so
as to improve participation and reco
The City encourages proposing vendors to su their best proposal possible.
The requirements within this RFP may be alt by vendors if proposals
explicitly describe the change, rationale and price im ations. For example, the
"dual-stream proposal" scenario assumes the City's current dual-stream collection
and processing r . g methods. Vendors may propose a "single-stream
proposal" sce ional alternate proposal scenarios may be proposed if
alterations tions are explicitly described. Vendors may propose
multiple sce nario proposed must have a distinct, associated price.
In addition, the e option to offer curbside food waste and
organics collection idents during the term of the agreement. If these
additional services ar sidered, the City will request a proposal for such
services from the Contrac or consideration prior to implementation.
1.2 Background
The City of Maplewood has had a curbside recycling program for over twenty
years. The City's current recycling contract requires single-family homes to be
serviced on a weekly basis and multi family dwellings (MFD) buildings to be
serviced at least twice per month. MFDs may require additional pick-ups as
needed. The City's current contract with the existing service provider expires on
December 31, 2010.
The City currently employs a dual-stream recycling program for the collection of
fiber and containers. The fiber products accepted in the City's recycling program
include old newspaper, magazines, mixed mail, phone books, office paper, old
corrugated cardboard, and boxboard. Containers accepted in the program include
steel and aluminum cans, foil and trays; glass bottles and jars; plastic bottles with
a neck labeled #1 or #2; and gable top milk cartons and aseptic packaging (i.e.,
juice boxes). In addition, textiles are also accepted for recycling. These materials
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are described in more detail in Section 2, "Definitions." The City supplies 14-
gallon recycling bins to single-family households for curbside collection. The
contractor supplies recycling containers to MFD buildings.
Under its current contract, the City is billed $2.10 per household for both single-
family curbside collection service and MFD collection service.
The 2010 population of Maplewood (as estimated by the Met Council) is
approximately 37,500. The City has approximately 11,679 single-family
dwellings (SFDs) that are served by curbside recycling collection. There are
approximately 4,152 multi-family dwelling (MFD) units.
Recycling collection is scheduled by specific routes every Monday through
Friday. The City is divided into five service areas which correspond to each of
the five days recycling is provided. A 2010 map of the City's scheduled recycling
collection days can be found in Attachment A. The City requires that these
collection days remain the same under the new tract.
commonly used for
2. Definitions
2.1
Aluminum Cans
Disposable containers fabricated primaril
soda, beer, juice, water or other beverages.
2.2 City's Designated Contact Person
The City has designated DuWayne Konewko, Community & Parks Development
Director, as the . 's sole point of contact for prospective vendors and
eventually the
erials: aluminum cans; steel cans; glass
les; mi cartons & juice boxes; newspapers; household
board; magazines/catalogs/phone books; wet strength
ard and textiles as defined herein this RFP and
ent D, "Contractor's Annual Recycling Public
2.3
2.4 Co
The ag and transportation of recyclable materials from the place at
which it i erated and includes all activities up to the time when it is delivered
to a recycling facility.
2.5 Contractor
The City's recycling service contractor under the new contract beginning
operation on January 1, 2011.
2.6 Contractor's Annual Recycling Public Education Flyer
The City requires the Contractor to publish and distribute an annual public
education flyer that contains the following recycling information for City
residents:
- 2-
. 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; and
. How to prepare materials.
(See Attachment D, "Contractor's Annual Recycling Public Education Flyer").
2.7
Curbside Recycling Bins
Uniform curbside recycling bins (e.g., red, 14-gallon pia
supplied by the City in which recyclable materials can
for curbside collection, as specified by the City. A
bags or other containers used by residents to sep
(The bins are available at no cost to City residen
remain the property ofthe City.
. c recycling "tubs")
red and later placed
ains to bins, boxes,
recyclable materials.
. de Recycling Bins
2.8 Curbside Recycling Service
The recycling collection service specified within this RFP utilizl g Curbside
Recycling Bins. Some multi-family dwellings may receive curbside recycling
service using Curbside Recycli Bins.
s and pumps removed) that are
everages.
2.9 Glass Bottles and Jars
Unbroken bottles and jars, and
primarily used for packing and b'
2.10 Market Demand
The economic and technical capacit
make new products.
markets to use recyclable material to
2.11
pany that buys (or charges) for recycling of specified materials
ut are not limited to: end-markets, intermediate processors,
ycling material reclaimers.
2.12
Arec
conform
jurisdiction .
Facility (MRF)
in which recyclable materials are processed. The facility will
applicable rules, regulations and laws of state, local or other
2.13 Milk Cartons & Juice Boxes
Gable top milk cartons, juice boxes and aseptic packaging used for soup, broth,
soy milk, etc.
2.14 Multi-Family Dwelling (MFD)
A building or a portion thereof containing five or more dwelling units.
- 3-
2.15 MFD Recycling Containers
Recycling containers used for multiple family dwellings (MFD) including any
bin, cart, dumpster or other receptacle for temporary storage and collection of
designated recyclables from residents in MFDs 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.
2.16 MFD Recycling Service
Recycling collection service, together with related public education and other
customer services, provided to MFD residents that utilize MFD Recycling
Containers (e.g., carts) and use MFD Recycling Stations.
2.17 MFD Recycling Stations
The location of MFD Recycling Containers designated by the recycling
Contractor with agreement of the MFD buildi wner. MFD Recycling Stations
will likely be a cluster of recycling carts an cycling dumpsters.
2.18 Non-Targeted Materials
Non-recyclable materials that are not in
Examples of typical non-targeted items incl .
plastic bottles, ceramic material in glass stream
cardboard streams, etc.
e City's recycling program.
are not limited to): pumps on
en pizza boxes in corrugated
2.19 Old Corrugated Cardboard (OCC)
Cardboard materi . th double wall construction and corrugated separation
between walls. . clude plastic, wax or other coated cardboard.
2.20
Paper
Old Newspape
old corrugated c
strength containers
product storage in refrig
ousehold office paper and mail; boxboard;
. magazines!catalogs/phone books; Kraft bags; and wet
soda cases). No boxboard containers used for food
s or freezers are included.
2.21 Plastic Bottles
Plastic bottles shaped with a neck, rinsed and with lids, caps, rings and pumps
removed. Recyclable plastic bottles shall be identified on the bottom with the
Society of the Plastics Industry (SPI) plastic codes #1 (PET) and #2 (HDPE)
including bottles containing: liquor; milk; juice; soft drinks; water; certain
foods; soap and cosmetics.
2.22 Process Residuals
The normal amount of material that cannot 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
-4-
and prepared for shipment to markets as commodities but are of relatively low-
value because of depressed market demand conditions.
2.23 Processing
The sorting, volume reduction, baling, containment or other preparation of
recyclable materials delivered to a MRF for transportation or marketing purposes.
2.24 Proposal Scenarios
There are two different recycling collection/processing systems identified by the
City for purposes of this RFP, defined as a base and an alternate:
.. Base Proposal: Dual-Stream Scenario - The proposal scenario assuming
the City's current dual-stream collection and processing system for purposes
of this RFP. Dual-stream service includes collection and processing the
residential curbside and MFD material within the form of a dual-stream
system whereby residents will conti to be instructed to separate
recyclables into two groups of m s: (1) all food and beverage
containers, including glass, metal, ic bottles/jugs and milk cartons &
juice boxes; and (2) all pape .er pr , including newspapers,
boxboard, magazines, mixed mail phone books, wet-strength
boxes and corrugated cardboard. Othe and operating details of the
current collection, processing and publi cation systems are assumed
within this dual-stream scenario.
.. Alternate Proposal: Single-Stream Scenario - Vendors may propose an
alternate scenario of a single-stream collection and processing system
whereby residents will be instructed to commingle all groups of recyclable
materials. For purposes of this RFP this is an alternate proposal scenario.
2.25 Single-Family Dwelling (SFD)
A building containing up to four dwelling units.
2.27
ers fabricated primarily of steel or tin used for food and
nwanted but reusable linens such as towels, sheets, blankets,
curtains, oths, and clothes including: belts, coats, hats, gloves, shoes and
boots that ate clean and free of mold, mildew and excessive stains. Textiles must
be dry.
3. General Requirements for All Collections
The following general requirements are pertinent to all recycling collections (i.e.,
both Curbside Recycling Service and MFD Recycling Service). However, the
City acknowledges that collection service frequencies and other factors will vary
between residential and MFD collection programs.
- 5-
3.1 Contractor Licensing Requirements
Haulers of recyclable materials must have a license issued by the City,
3.2 Collection VehicIe Eqnipment Requirements
All collection vehicles used in performance of the contract shall be duly licensed
and inspected by the State of Minnesota and shall operate within the weight
allowed by Minnesota Statutes. All vehicles shall be kept clean and as free from
offensive odors as possible.
Each collection vehicle shall be equipped with the followin
a. Two-way communications device.
b. First aid kit.
c. An approved fire extinguisher.
d. Warning flashers.
e. Warning alarms to indicate movement in reverse.
f. Sign on the rear of the vehicle which states "This Vehicle Makes Frequent
Stops" .
g. A broom and shovel f;
All ofthe required equipment
be maintained in proper worki
possible. All vehicles must be c
name and telephone number proml
three inches in height.
er working order. All vehicles must
s clean and free from odors as
both sides with Contractor's
displayed. The lettering must be at least
3.3 Pollution Reduction
Contractor shall demonstrate a commitment to reducing air pollution from
~~ . les. Contractor shall submit as part of its proposal:
A descrip f its current use of low-sulfur diesel fuel, biodiesel, or natural
gas and its c nt use of particulate filters for its fleet, and/or
timetable onverting its fleet to using alternative fuels and installing air
tion re on technology, and/or
quantitative steps it has taken to reduce air pollution.
3.4 Personnel
Contractor shall rctain sufficient personnel and equipment to fulfill the
requirements and specifications of the services described in this RFP. The
Contractor will provide a Route Supervisor to oversee the recycling route drivers
servicing the City. The Route Supervisor will be available to address customer
complaints each day. The Contractor shall have on duty Monday through Friday
from 7:00 a.m. to 5:00 p.m. a dispatch customer service representative to receive
customer calls and route issues. The Contractor shall provide a 24-hour
answering service line or device to receive customer calls. The Route Supervisor
and all collection vehicles must be equipped with 2-way communication devices.
- 6-
Contractor's personnel will be trained both in program operations and in customer
service and insure that all personnel maintain a positive attitude with the public
and in the work place and shall:
a. Conduct themselves at all times in a courteous manner and use no abusive or
foul language.
b. Perform their duties in accordance with all existing laws and ordinances and
future amendments thereto of the Federal, State of Minnesota, and local
governing boards.
c. Be clean and presentable in appearance, as so far as possible.
d. Wear a uniform and employee identification badge or name tag.
e. Drive in a safe and considerate manner.
f. Manage Curbside Recycling Bins and MFD Recycling Containers in a careful
manner so as to avoid spillage and litterin damage to the bin or container.
Containers should not be thrown once e d.
g. Monitor for any spillage and be
breakage.
h. Avoid damage to property.
1. Not perform their duties or operate vehic
illegally using controlled substances or while
and/or such substances
cleaning up any litter or
hile consuming alcohol or
the influence of alcohol
3.5 Collection Hour ays
The City req . . g collections to begin no sooner than 7 a.m. and shall
be complet City requires scheduled collection days to be Monday
through Frid . chment A) and precselected Saturdays during
holiday weeks Contractor may request City authorization
of exceptions to tfi e restrictions (e.g., pursuant to the "Severe Weather"
provision described in . on 3.7). The Contractor must request such exception
prior to the requested co ion event and specifY the date, time and reason for
the exception.
3.6 Holidays
Holidays refers to any of the following: New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas
Day and any other holidays mutually agreed to by the City and Contractor. In no
instance will there be more than one holiday during a collection week. When the
scheduled collection day falls on a holiday, collection for that day will be
collected one day later. The Contractor shall publish the yearly calendar
including alternate collection days, with assistance from the City.
3.7 Severe Weather
The Contractor may postpone recycling collections due to severe weather at the
sole discretion ofthe 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)
-7 -
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.
3.8 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.
3.9 Customer Complaints
Contractor shall provide staffing of a telephone uipped office to receive missed
collection complaints between the hours of7 .m. and 5:00 p.m. on weekdays,
except holidays. The Contractor shall h answering machine or voice mail
system activated to receive phone calls ours. .
Complaints on service will be t
The City will notifY the Contrac
is responsible for corrective acth
and promptly.
ncluding the nature of the
ers of the complainants; the
and the date and time of
in a monthly report.
by~e City and the Contractor.
it receives. The Contractor
shall answer all complaints courteously
3.10 City Retains Right to Specify Reside reparation Instructions
The Contractor shall agree that it is the City's sole right to clearly specifY the
re~ . . and setout requirements.
3.1 'on and Education
s website with recycling information and instructions and
es recycling-related information in the City's newsletter,
y. The newsletter is direct mailed to every home, business
Maplewood and is also available on the City's website year-
In an effort to increase participation and improve compliance with City-specified
resident preparation instructions, the Contractor shall publish and distribute (via
mail or hand deliver) public education to both SFDs and MFDs as described in
Section 2.6, Contractor's Annual Recycling Public Education Flyer.
The Contractor shall submit a draft of any public education literature for approval
by the City, at least one (1) month before printing and distribution of any such
literature.
The Contractor shall demonstrate commitment to the promotion of recycling
through participation in community events and/or providing collection
- 8-
opportunities for recyclable materials at City-sponSored events. As part of this
proposal, Contractor shall describe its experience in providing collection services
at community events.
In addition, proposers are encouraged to specifY other public education tools that
they are willing to provide (e.g., recycling information printed in other languages,
recycling education materials targeted for a specific neighborhood or targeting a
specific material type, etc.).
3.12 City Shall Approve Contractor's Resident Education Tags
The Contractor shall produce "resident education tags" to be left by curbside
collection crews if any Non-Targeted Material is rejected ft at the curb. The
Contractor shall submit a draft of the tags for approval e City, at least one (I)
month before printing.
3.13 Weighing of Loads
Contractor will keep accurate records consisting of an approv
the date, time, collection route, driver's name, vehicle number, t
weight, net weight, and number of recycling stops for each 10 d 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 inspe on request by the City.
3.14 Monthly and Annual Report
The Contractor will submit to th
minimum, the Contractor shall inc
. Gross amounts of materials colle
. Net amounts of materials markete
rts and annual reports. At a
g information montWy:
by recyclable material (in tons).
recyclable material (in tons).
. Amounts of "process residuals" disposed (in tons).
ervice fee (based upon Contracted price per household).
credits back to the City (if any).
include average participation rates and set-out rates and an
hose rates were calculated.
all be due to the City by the 15th day of each month. Annual
ue by January 31. The Contractor will be encouraged to include
in its ann eport recommendations for continuous improvement in the City's
recycling program (e.g., public education, MFD recycling, etc.).
3.15 Ownership of Recyc1able Materials
Ownership of the recyclable materials 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 recyclable materials shall transfer to
Contractor.
- 9-
3.16 Scavenging Prohibited
It is unlawful for any person other than the City's recycling Contractor to collect,
remove, or dispose of designated recyclable materials after the materials have
been placed or deposited for collection in the recycling containers. The City's
recycling Contractor's employees may not collect or "scavenge" through
recycling in any manner that interferes with the contracted recycling services.
3.17 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 recyclable materials shall be transported in a covered vehicle so that
the recyclable materials do not drop or blow onto any public street or private
property during transport.
3.18
Transportation of Recyclable Material
Recyclable Materials Prohibited
Upon collection by the City's recycli
deliver the designated recyclables to a
an intermediate collection center for later d
unlawful for any person to transport for dis
recyclables in a mixed municipal solid waste disp
arkets Required; Disposal of
e City's Contractor shall
arket for sale or reuse, or to
a MRF or end market. It is
or to dispose of designated
cility.
3.19 Processing Facilities Must be Specified
The Contractor sh sure the City that adequate recyclable material processing
capacity will b or City material collected. The proposals must clearly
specify the the processing facilities or MRFs where material
collected fr be delivered and/or processed. The Contractor shall
provide writte east 60 days in advance of any change in
these or subseq lving and processing recyclable materials
collected from the C
3.20 Estimating Materials Co osition as Collected
The Contractor shall conduct at least one materials composition analysis of the
City's recyclable materials 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) percent of weight of the process residuals as collected from the City;
(3) relative change compared to the previous year's composition; and (4) a
description of the methodology used to calculate 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 the analysis each year of the
contract.
3.21 Process Residuals
The Contractor shall provide the City a written description of the means to
estimate process residuals derived from the City's recyclable materials. This
written description shall be reviewed and approved in writing by the City. This
-10 -
written description shall be updated by the Contractor immediately after any
changes to the processing facilities used by the Contractor. The quantities of
process residuals must be reported to the City in the annual composition analysis
as described in Section 3.20.
3.22 Lack of Adequate Market Demand
In the event that the market for a particular recyclable material ceases to exist, or
becomes economically depressed that it becomes economically unfeasible to
continue collection, processing and marketing of that particular recyclable
material, 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 City and Contractor shall specifY a date in a written contract amendment to
cease collection of the recyclable item in question. The Contractor shall at all
times be under a duty to minimize the quantity of recyclable materials disposed in
a landfill, incinerator or other facility 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. T . and the Contractor will negotiate a cost for
disposal as a substitute for ape for that material.
3.23 Performance Monitoring
The City will monitor the per of the Contractor against goals and
performance standards required wi . s RFP and in the contract. Substandard
performance as determined by the '11 constitute non-compliance. If action
to correct such substandard performan . s not taken by the Contractor within 60
days after being notified by the City, the City will initiate the contract termination
proc
4. ction Requirements
ction requirements are for curbside recycling services only
multi-family household type of collection services.
All curD
of residen
service).
ection service will occur at the curbside (i.e., no alley collections
recyclables are allowed for residents with curbside collection
4.1
4.2 Curbside Collection Schedule Deadline
If the Contractor determines that the collection of recyclable materials will not be
completed by 7:00 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
- 11-
contract-designated contact person cannot be reached, the Contractor will request
the City Manager.
4.3 Procedure for Handling Non-Targeted Materials
If the Contractor determines that a resident has set out Non-Targeted Materials,
the driver shall use the following procedure:
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 s I report the address
to the City in the monthly report.
If this procedure for handling Non-Targeted is not feasible for
automated or semi-automated collection systems . must so specify and
explain alternative public education systems to . . prove quality of
recyclable materials set out by City residents.
4.4 Public Education Information for SFD Residents'
The Contractor shall be responsible for the following:
. Annual distribution of the Contractor's Recycling Public Education Flyer as
described in Section 2.6;
. Distribution of resident edu
any Non-Targeted Material i
left by curbside collection crews if
the curb.
5.
Multi-Family Dwelling (MF
The following collection requireme
do not pertain to Curbside Recycling
lIection Requirements
e for MFD Recycling Service only and
ceo
5.1
. ing Owners May Elect to Subscribe to Recycling Service Other
, Contract
ers are able to use the City's recycling Contractor to provide
or they may independently contract with another licensed
to provide the recycling services at the owner's expense.
5.2
Stations will be specified with agreement of the MFD building
owner on e-by-case basis. MFD Recycling Stations will likely be a cluster of
recycling carts and/or recycling dumpsters. The number and location of MFD
Recycling Stations shall be adequate to be reasonably convenient and accessible
to all MFD residents.
5.3 MFD Container Location(s)
MFD Recycling Containers shall be placed in a location(s) on the MFD premises
which permits access for collection purposes but which does not obstruct
pedestrian or vehicular traffic and shall comply with the City's zoning and other
ordinances.
-12 -
5.4 MFD Service Standards
At a minimum, MFD recyclables collection services shall be available on the
premises and shall be provided on a regularly scheduled basis of at least twice per
month. The collection schedule and recycling containers' capacity shall provide
for regular removal or the recyclables such that there is adequate storage capacity
available in the recycling containers to avoid overflowing containers.
5.5 MFD Recycling Container Requirements
The recycling containers 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.
4. Colored differently from other contain
5. Maintained in proper operating con
6. Repaired or replaced on a reasonable s
5.6
Responsibility for Providing and Maintainin
If the MFD building owner uses the City's Contra
Containers shall be provided and maintained by the Ci
cling Containers
dequate MFD Recycling
s Contractor.
5.7
Public Educatio
At least once
Contractor
recycling fac
should specific
educational materia
ation for MFD Tenants
ach MFD building they service, the City's recycling
MFD building owner with a sufficient number of
all units in the building(s). The information
ecycling and should not be the same
uted to SFDs.
5.8 Other Public Educatio Is to MFD Building Owners
Proposers are encouraged to specifY other public education tools that the
Contractor will provide, in cooperation and coordination with MFD building
owners.
5.9 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:
1. Name of owner and building manager and contact information (mailing
address, phone numbers, e-mail address, etc.).
2. Street address of each MFD served.
3. Number of dwelling units for each MFD.
-13 -
4. Description of collection services made available to occupants, including
number of MFD Recycling Stations, number of MFD Recycling Containers,
location of stations 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).
6. Payment Terms
6.1 Compensation for Services Based on a Dollar per
The City agrees to pay the Contractor for recycr services provided to
the City as described in the Contractor's propos and ma of an executed
based on the number of household units certifie the City. By
the City will review the number of c d units and'
notify Contractor of any changes.
Contractor shall submit itemized bills for recycling collection services provided to
the City on a monthly basis. 'lIs submitted shall be paid in the same manner as
other claims made to the Cit
The Contractor shall submit
Section 3.14 with the montWy b
unless the required paperwork
separately according to the deadlin
mentation and reports as detailed in
Contractor will not be released
monthly bill or submitted
pecified in Section 3.14.
6.2 Revenue Sharing
Proposers may elect to participate in re enue sharing with the City as detailed in
Section 16. If the final contract negotiated includes revenue sharing, the
1, on a monthly basis, rebate an amount to the City based on a
on formula.
old per month for 2011 will be set in accordance with the per
oposed on the pricing worksheet (Attaclunent C). The annual
payable for each successive contract year shall equal the annual
fee paya or the previous year adjusted proportionately by the annual
Consumer Price Index (CPI-D) for the Minneapolis/St. Paul area for the previous
calendar year provided the annual fee shall not be increased by more than 3%.
6.3
7. Term of Contract
The term of the new recycling contract will be a period of five (5) years from
January 1,2011 through December 31, 2015. The City may negotiate contract
provisions for up to three, one-year extensions for years 2016, 2017 and 2018, at
the City's sole discretion.
-14-
8. Submitting Proposals
To the best of its ability, the City will use the following process and schedule for
its decision-making:
8.1 Notification ofIntent
Prospective Contractors interested in responding to this RFP shall notify the City
in writing (e-mail acceptable) of their interest. Notifications of intent should be
sent to:
Mr. DuWayne Konewko
Community & Parks Development Director
City of Maplewood
1830 County Road BEast
Maplewood, MN 55109
Fax: (651) 249-2319
E-mail: duwavne.konewko@ci.maplewoo
Notifications shall include the vendor's name, contact person' , address,
phone number, and e-mail address. Notification of intent must be made by
,2010.
Questions
Questions, requests for clarifi
must be submitted in
All questions
responses will be summarized in
vendors prior to
for information about this RFP or
. 's contact person by 4 p.m.
fo re information and the City's
g and forwarded to all other qualified
8.2
8.3 Contact Restriction
orized contact with City staff, City Council Members, or members of
'ronmental & Natural Resources Commission will subject the
ification from further consideration. This restriction will be in
this RFP is finalized and authorized for release by the City
date of [mal contract award (including authorization for
ty Council.
8.4 Propo
Only the any names of vendors submitting proposals will be made public.
All proposal documents shall be held as confidential until the City Council awards
a new contract and authorizes staff to execute the new contract.
8.5 Review Committee
The City will form a proposal review committee, to review and analyze the details
of the qualified submitted proposals. (See Section 20, "Evaluation Criteria" of
this RFP.) The committee will be a subset of the Environmental & Natural
Resources Commission and will include up to three members. The committee
will recommend the top three vendors, in rank order of priority, to the City
Council.
- 15-
8.6 Negotiations
City staff will negotiate with the top ranked vendor. If negotiations with top-
ranked vendor are not successful, the City may then initiate negotiations with
second ranked vendor, and so on.
8.7 Award of Contract
Once a draft contract has been successfully negotiated, City staff will present its
recommendations to the City Council (approximately August 9, 2010). The City
Council may then award the contract and authorize staffto execute it.
8.8 New Contract
The new recycling contract will commence on January 1,2011.
9.
Annual Performance Review Meeting
Upon receipt of the Contractors annual report
City shall schedule an annual meeting
Environmental & Natural Resources Co
meeting will include, but not be limite
. Review Contractor's annual report,
participation.
. Review efforts the Contractor has made to
materials.
. Review Contractor's performance based on feedback from residents to the
Environment ural Resources Commission members and/or City staff.
Section 3.14 of this RFP), the
the Contractor and the City's
e objectives of this annual
m recovery rate and
d markets for recyclable
. Review
recyclin
oPPOrtunitl
. Review City st
. Discuss other opp
under the current cont
ecommendations for improvement to the City's
cluding enhanced public education and other
endations for Contractor's service improvements.
'ties for improvement with the remaining years left
10. Proposals May be Rejected in Whole or Part
The City of Maplewood reserves the right to:
. Reject any or all proposals;
. Reject parts of proposals;
. Negotiate modifications of proposals submitted;
. Accept part or all of the proposals on the basis of consideration(s) other than
proceeds or cost; and
. Negotiate specific work elements with a respondent into a contract of lesser or
greater expense than described in this RFP or the respondent's reply.
- 16-
11. How to Submit Proposals
Proposal shall be submitted to the Community & Parks Development Office at
City Hall no later than 4 p.m. (CDT) JlJ1le3Q, s()JO, in a sealed envelope with the
name of the proposing company on the outside and addressed as follows:
Enclosed: "Recycling Services Proposal"
City of Maplewood, City Hall
Community & Parks Development Office
1830 County Road BEast
Maplewood, MN 55109
c/o DuWayne Konewko
Community & Parks Development Director
Proposals will be treated in accordance with
(b), Data Practices Act.
Five (5) written, hard copies of the proposal and all
submitted.
An electronic copy of the proposal must also be submitted on a CD disk (or
suitable alternative disk forma inside of the sealed envelope. The proposal file
must be formatted in Micros or a suitably compatible alternative.
s shall be
12. Proposal Content
Qualified proposals must include
. Statement of vendor qualificatio 'ncluding references of other municipal
clients in the Twin Cities metro regl receiving similar services.
. aterials proposed to be collected (if different from the materials listed
nt D, the Contractor's Annual Recycling Public Education Flyer)
n and rationale for any proposed changes to the City's standard
items.
on, processing and public education services for:
ily dwellings (SFDs) receiving "curbside service;" and/or
e family dwellings (MFDs) receiving "curbside service" or
collection service."
. Examples of Proposer's public education materials.
. Completed price worksheet (see Attachment C).
. Explanation of how participation will be measured.
. Explanation of how set-out rates will be measured.
. Statement as to any litigation in the past five years within the State of
Minnesota and the current status ofthat litigation.
-17 -
. A narrative describing the Proposer's current efforts and future plans to
reduce greenhouse gas emissions (from collection operations, processing
operations, transporting materials to market, etc.) as well as any
environmentally sustainable initiatives that are currently a part of your
company's business operations or are planned for the future.
13. Dual-Stream Proposal Scenario
The City's current dual-stream collection and processing systems comprise the
base proposal scenario for purposes of this RFP. If vendors propose under the
dual-stream scenario, they should assume materials would be both collected and
processed in a dual-stream mode. Under this dual-stream ario, residents will
be instructed to separate recyclables into two groups of tals: (1) all food and
beverage containers, including: glass, metal, milk ca ice boxes, and plastic
bottles; and (2) all paper fiber products, incl spapers, box board,
magazines, mixed mail, catalogs, phone boo, a and corrugated
cardboard. Under this dual-stream scenario, processing s so be by the
categories as collected: paper separated from containers. It is cceptable to
propose to collect materials in a dual-stream mode and then proc them in a
single-stream mode.
If the City awards a new dual-stream service contract under this scenario, the new
Contractor shall not make an . es to either of these dual-stream collection or
processing systems without al ofthe City. Other education systems
are assumed within this dual-st endors may propose variations to
this scenario.
14. Single-Stream Proposal Scen 0
Vendors may propose a single-stre collection and processing system as an
alternate to the City's current dual-stre system. Vendors should propose under
this single-stream scenario to collect and process the residential curbside material
within the form of a single-stream system whereby residents will be instructed to
commingle all groups of recyclable materials. If vendors propose under this
single-stream proposal scenario, the vendor must provide an explicit description
ofthe following collection design details:
. Cart size and other specifications;
. Ownership of carts (City vs. Contractor);
. Residents' material preparation and setout requirements (e.g., if corrugated
cardboard is to be placed in the single-stream cart, location of carts, etc.);
. Collection frequency; and
. Any other collection system design and operational elements the City will
need to fully understand the single-stream proposal.
15. Price Worksheet
Vendors must complete a price worksheet as part of each proposal they submit
(see Attachment C for worksheet) Vendors may complete one or both
proposal scenario price worksheets: "Dual-stream" and/or "Single-stream." In
- 18-
addition, vendors may also complete an "Additional Alternate" proposal scenario
price worksheet if their proposed system does not fit into one of the first two
scenanos.
16. Revenue Sharing
All qualified proposals shall state explicitly if the vendor elects to participate in
revenue sharing with the City. If the City awards the contract to a vendor that
elected to propose revenue sharing, and if the final contract negotiated includes
revenue sharing, the Contractor shall, on a monthly basis, rebate an amount to the
City based on a mutually agreed upon formula.
The components of the revenue sharing formulae include:
. Published industry end market "index" for paper and aluminum ($ per ton
based on specified commodity grades);
. Proposed percent revenue share (%) by co
. Proposed processing fee ($ per ton) by.
. Estimated commodity tonnage vol
The basic revenue share formula outline
portion (%) of the vendor's materials sales re
aluminum, less processing costs for these comm
The City-initiated revenue sharing outline for purpo this RFP consists of the
following formulae:
1.) Paper. ton payment of all paper grades collected from the City
based 0 ed index less the proposed paper processing cost per
ton. dex used shall be the Official Board Markets (OBM)
"Yello t week of the month, Chicago region for Old
Newspape e of range. Proposers must state on the
price worksli ttachment) wliat percent of this index will be used for
the "gross reve d the proposed paper processing cost per ton.
2.) Aluminum. A ton payment of aluminum collected from the City
based on the publislied index less tlie proposed aluminum processing cost
per ton. The published index used shall be 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. Proposers must state on the price worksheet
(Attachment C) what percent of this index will be used for the "gross
revenue" and the proposed aluminum processing cost per ton.
If a revenue sharing component is offered (i.e., greater than zero percent) for
either paper or aluminum, each month the Contractor shall provide, together with
the monthly rebate to tlie City, adequate documentation of the corresponding
monthly estimate of tons of all paper grades and tons of aluminum collected from
the City even in the case the City were to receive no rebate for the month. Also,
the Contractor shall provide copies of the referenced OBM market index and
P can be summarized as a
rom sale of paper grades and
-19 -
AMM market index with each monthly statement. Proposers shall provide a .
detailed explanation of how they will calculate the tonnage estimates.
At no time shall the City's total net revenue share be less than zero ($0). In other
words, the City shall not pay the Contractor for a "negative" revenue share. If
there is a "negative" revenue share, the City shall only pay processing costs for
the tons collected. The City understands that net revenues may equal zero at
times due to poor markets; however, the City shall not pay any costs above and
beyond processing costs.
Each proposal scenario must contain a percent revenue share offer for both paper
and aluminum as described immediately above (see clunent C - Price
Worksheet). Proposers may offer from zero (0) perce 00 percent revenue
share.
s and corresponding
ctor may propose
rmulae at any
egotiations
'in writing
The vendors may propose other revenue sharing
pricing formulae in their proposal, and the Cit the
other revenue sharing commodities and corresponding priCl
time during the duration of the contract. The parties shall enter
in good faith and any new revenue sharing agreement shall be redu
in the form of an amendment to the contract.
17. Processing Fees
Processing fees will be calc
(defined in Section 2.20) and
fees proposed in Attachment C.
Processing fees will not be applie
ltiplying the tons of all paper materials
'num collected by the processing
18. Vendors May Team with Oth ompanies
It is recognized that some prospective lers may wish to sub-contract with other
companies for processing services. This is allowed as needed, but all such
-contractor relationships must be explicitly described in each
The City will contract with only one primary Contractor for
s.
ay team up with other complementary hauling or recycling
there is no collusion. A company may be listed as a part of
as long as this company submits a written certification that no
d between competing proposals.
19. RFP and Proposal to Become Part of Final Contract
The contents of this RFP, the successful proposal, and any written clarifications or
modifications to the contents thereof submitted by the successful proposer shall
become part of the contractual obligations and be incorporated by reference into
the ensuing contract. If any provision of the contract is in conflict with the
referenced RFP or proposal, the contract shall take precedent.
-20-
20. Evaluation Criteria
The City will objectively evaluate the proposals submitted to determine the best
value for the City and its residents. A comprehensive set of criteria will be used
to quantifY the merits of each proposal package. The evaluation criteria and
relative point values for each are shown below.
Evaluation Criteria
Maximum Possible
Poi nts
The per household per month price for recycling collection services.
Strength of qualifications of the vendor (together with any propo
sub-contractor, if any), especially related to the particular n
the City of Maplewood. Qualifications will include. but not
to, the proven capacities of the vendor (and any sub-co
meet the operational requirements of the City.
Amount of revenue from the sale of recyclable materials shared with
the City.
Pollution reduction including use of alternative fuels.
Responsiveness of the vendor to all ovisions of this RFP.
Vendor's references.
40
20
Glass-to-glass recycling. The City
the glass collected within the City
glass bottles rather than used as road
Additional recycli r the City
or scrap met parks, etc.
Public educa
per year. differe
Innovative approach
Additional materials to
additional plastics).
Total Possible Points
& best use of
ack into
ver).
op-off sites for acc
5
5
5
3
3
3
3
3
100
20.1 Liquidated Damages
The Contractor shall agree, in addition to any other remedies available to the City,
the City may withhold payment from the Contractor in the amounts specified
below as liquidated damages for failure ofthe 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.
2. Failure to collect properly notified missed collections - $250 per incident.
3. Failure to provide monthly and annual reports - $100 per incident.
- 21-
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 recyclable materials 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
ofa [mal contract - $1,000 per exceedence.
9. Failure to receive City written approval of changes to the collection and
processing systems prior to implementing any such change - $5,000.
10. Failure to conduct annual composition ana ~, - $100 per incident.
These amounts will be for liquidated d or losses suffered by the City and
not penalties.
21. Insurance and Other Legal Requir
21.1 Insurance
Insurance secured by the Contractor shall be issued by insurance companies
acceptable to the . nd admitted in Minnesota. The insurance specified may
be in a policy . insurance, primary or excess. Such insurance shall be
in force on ution of the contract and shall remain continuously in
force for the contract. The Contractor and its sub-contractors shall
secure and malance:
. on insurance shall meet the statutory obligations with
Coverage B - E oyers Liability limits of at least $100,000 each
accident, $500,000 disease - policy limit and $100,000 disease each
employee.
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 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 shall include 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 from a covered cause of loss.
- 22-
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 shall include a cause of loss where there is a spill
of fuels and lubricants used in the vehicle for its operation.
Professional Liability Insurance or Errors & Omissions Insurance
Professional Liability Insurance or Errors & Omissions Insurance
providing coverage for 1) the claims that arise from the errors or
omissions of the Contractor or its sub-contractors and 2) the negligence or
failure to render a professional service by the tractor or its sub-
contractors. The insurance policy should provi erage in the amount
of $1,000,000 each occurrence and $1,000 ual aggregate. The
insurance policy must provide the prote for two years after
completion of the work.
Acceptance of the insurance by the City shall not reliev
the liability of the Contractor. Any policy deductibles or r
the responsibility of the Contractor. The Contractor shal ontrol any
special or unusual hazards and be responsible for any damages that result
from those hazards. he City does not represent that the insurance
requirements are suf . protect the Contractor's interest or provide
adequate coverage. overage is to be provided on a City-
approved Insurance C irty (30)-day written notice is
required if the policy is c or materially changed. The
Contractor shall require s sub-contractors, if sub-contracting is
allowable under this contact, mply with these provisions.
Environmental Liability Insurance
The Contractor agrees that they shall obtain and maintain environmental
. . ity insurance in compliance with local, state and federal regulations
atters related to in this recycling services agreement. Contractor
e City as an additional insured under said insurance policy(s).
coverage shall include Environmental Impairment Liability.
all provide the City with appropriate documentation of said
I liability insurance for verification upon written request
y. The Contractor further indemnifies the City, its employees,
d licensees from all liability related to hazardous
co inationlpollution resulting from the acts of the Contractor, its
employees or agents.
21.2 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 sub-contract 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 sub-contract
shall be grounds for immediate contract termination.
- 23-
21.3 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 Contractor, 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.
21.4 Dispute Resolution and Arbitration Procedures
The parties agree that any controversy or claim arising out of or relating to the
agreement or the breach thereof, shall be settled, at the 0 tion of the City by
arbitration in accordance with the Rules of the Association of
Arbitration and judgment upon the award by the Arbit s) may be entered in
any court with jurisdiction thereof.
21.5 Performance Bond
The contract shall specifY requirements for a performance bo
Contractor's failure to perform contracted services. The perfo
be for a minimum of$150,000.
21.6 General Compliance
The Contractor agrees to comply with all applicable Federal, State and local laws
and regulations governing funds provided under this contract.
Once negotiations begin, the City will provide draft contract language to the
preferred vendor to address other standard legal requirements. (Note: These
requirements ma' e, but not be limited to: specification for performance
bond, prevail" i-trust, arbitration, human rights, City administrative
ordinance;
21.7 Independent
Nothing contained agreement is intended to, or shall be construed in any
manner, as creating stablishing the relationship of employer/employee
between the parties. T ntractor shall at all times remain an independent
Contractor with respect to t e 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.
21.8 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 sub-
- 24-
contractors, in the performance of the services provided by 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.
21.9 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.
21.10 Retention of Records
The Contractor shall retain all records pertine to expenditures incurred under
this contract for a period of three years aft resolution of all audit findings.
Records for non-expendable property acq' with funds under this contract shall
be retained for three years after final dis n of s property.
21.11 Data Practices
The Contractor agrees to comply with the Mi a Government Data Practices
Act and all other applicable state and federal elating to data privacy or
confidentiality. The Contractor must immediately 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 agre the City, its officers, and employees harmless from any
claims resul' Contractor's unlawful disclosure or use of data
protected erallaws.
All Proposals ublic information until the proposals are
opened for revie City. At that time the Proposals and their contents
become public data r the provisions of the Minnesota Government Data
Practices Act, Minn. St 3.
21.12 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.
21.13 Applicable Law
The laws of the State of Minnesota shall govern all interpretations ofthis 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.
- 25-
21.14 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 satisfact ork completed on
such documents or materials prior to the termination.
21.15 Employee Working Conditions and Contractor' rocedures
The Contractor will ensure adequate working co ons an ty procedures are
in place to comply with all applicable federal, state a cal laws and
regulations. The City reserves the right to inspect on a rando . s all trucks,
equipment, facilities, working conditions, training manuals, record claims for
Worker's Compensation or safety violations and standard operating procedures
documents.
-26 -
Attachment A
Map of Maplewood's Weekly Recycling Schedule
MAPLEWOOD'S WEEKLV RECYCLING SCHEDULE
Ensure Recycle Bin Is At Curb by 7 a.m.
Monday
Tuesday
Wednesday
Thursday
Friday
ALSO INCLUDES BURKE COURT
(EAST OF ARCADE STREET)
Questions: Call EUREKA RECYCLING
at 651.222.7678
Tagd=WiOls
. ._ --"~_',""='~~'__"'_-c~-'-~,"'Mf0.~_~"0.'~~~~-'--~^C.-~=-~~E0''''C~'0''f''''''''?''''="
Attachment B
Maplewood Recycling Tonnage Estimates
The total tons of recyclable material collected by the current contracted hauler in the City of
Maplewood the last four years are shown in Table B-1.
Table B-1
Annual Curbside and MFD Recyclable Materials Collected under Contract (in Tons)
City of Maplewood
2006 2007 2008 2009
Single-Family 2,306 2,200 2,040 1,930
MFD 308 489 628 632
Total 2,614 2,689 2,668 2,562
These figures do not include an additional fifty tons (or less) per year of recyclables picked up at
MFD buildings by other vendors not under contract by the City (the City does not reimburse the
vendors who service these accounts).
Table B-2 itemizes the reported tonnage by material for 2009. Currently the City contracts for
curbside recycling for single-family households and most of the MFD apartments units. A
number of independent haulers serve other MFD units.
B-1
Table B-2
2009 Estimated Curbside and MFD Recyclable Materials Collected (in Tons)
City of Maplewood
MFD (Under TOTAL MFD Percentage of
Curbside City Under City (Independent Total (Under
SFD Contract) Contract Haulers) City Contract)
Paper
News Mix 1,213.60 374.85 1,588.45 9.40 62.9%
Cardboard 105.00 32.44 137.44 0.10 5.4%
Boxboard 70.07 21.65 91.72 0.00 3.6%
Wet Strength 6.90 2.15 9.05 0.00 0.4%
Phone Books 1.16 0.36 1.52 0.00 0.1%
Textiles 1.70 0.54 2.24 0.00 0.1%
Residuals 3.05 0.95 4.00 0.00 0.2%
TOTAL PAPER 1,401.48 432.94 1,834.42 9.50 72.6%
Containers
Total Glass 335.80 105.06 440.86 5.10 17.4%
Steel Cans 55.15 17.11 72.26 0.90 2.9%
Aluminum Cans 27.78 8.66 36.44 0.20 1.4%
PET 46.08 14.30 60.38 0.00 2.4%
HOPE 58.10 18.05 76.15 0.00 3.0%
Plastics 0.00 0.00 0.00 0.50 0.0%
Mixed Containers 0.00 0.00 .0.00 2.34 0.0%
Residuals 5.80 0.21 6.01 0.00 0.2%
TOTAL CONTAINERS 528.71 163.39 692.10 9.04 27.4%
Single-Stream 0.00 0.00 0.00 17.41
TOTAL TONS 1,930.19 596.33 2,526.52 35.95 100.0%
Attachment C
Price Worksheet
C-l
Attachment D
Current Contractor's Annual Recycling
Public Education for SFD and MFD Residents
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RECYCLING AT Y
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ottles &
I colors)
No dishes
No ceramics
No window glass
No light bulbs
What can I do to help make
recycling successful at my building?
Recycle!
We know that it can be 0 challenge to find space to store
recycling in your home, and it takes time and effort to sort
materials and bring them down the stairs and out to the carts.
But the extra effort you make to recycle really does make a
differencel
Volunteer to be
.
a cart momtor.
We can't pick up your recycling unless
the carts are trash free. Once a cart
has trash in it, it attracts more trash, so
keeping a close eye on what's in your
carts will help keep your materials
clean and recyclable I
Talk to your neighbors!
Check in with other people in your building (especially new
residentsl) and make sure they know where the carts are and how to
recycle. Call us at (651) 222-S0RT (7678) and we can send you
free flyers to pass out and posters to hang in your laundry room,
lobby or on your door.
Nonprofit Org.
US Postage
PAID
Saint Paul, MN
Permit No. 2787
2828 Kennedy Street NE
Minneapolis, MN 55413
thO.,k ~~~g
for reey
TogelherW"c,m
This multifamily recycling program is sponsored by Eureka
Recycling, the City of Maplewood, and the State of Minnesota
SCORE funds through Ramsey County.
@ Printed on 100% postconsumer recycled paper, processed without the use of chlorine.
Agenda Item 2.f.2.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Chickens in Residential Zoning Districts
March 19, 2010 for the March 24 ENR Commission Meeting
BACKGROUND
Urban communities throughout the country are considering allowing chickens in residential areas
as a way of promoting urban agriculture and sustainability. There has been an interest by some
Maplewood residents and the Environmental and Natural Resources (ENR) Commission to allow
chickens in Maplewood for this purpose as well. Maplewood's ordinance currently prohibits
poultry, including chickens, in residential zoning districts.
DISCUSSION
Impacts of Chickens in Residential Zoning Districts
The ENR Commission has reviewed positive and negative impacts caused by raising chickens in
residential areas for the production and personal consumption of eggs. Positive impacts outlined
by several residents include allowing homeowners to produce their own food, healthy and organic
eggs, and fertilization of gardens from chicken manure. Negative impacts outlined by the Chief of
Police, Animal Control Officer, and Health Officer include nuisance complaints from neighbors,
costs associated with picking up and impounding stray chickens, administration of the initial and
yearly inspections, and disease concerns.
Because of the continued interest in allowing chickens in residential areas by residents, the ENR
Commission requested that staff draft an ordinance which would allow chickens in residential
areas. The ordinance should regulate the use in order to ensure negative impacts are addressed.
Cities Which Permit Chickens in Residential Zoning Districts
1. Minneapolis: No maximum number of chickens specified in the ordinance. Permit must be
approved by at least 80 percent of neighbors within 100 feet of the property. The city
conducts an investigation of the location and shelter prior to approval of the permit.
Currently the City of Minneapolis has 150 permits for chickens.
2. St. Paul: More than one chicken requires a permit. No maximum number of chickens
specified in the ordinance. Permit must be approved by at least 75 percent of neighbors
within 150 feet of the property. The city conducts an investigation of the location and
shelter prior to approval of the permit. Currently the City of St. Paul has 75 to 100 permits
for chickens.
3. Oakdale: More than one chicken requires a permit. No maximum number of chickens
specified in the ordinance. Permit must be approved by at least 75 percent of neighbors
within 150 feet of the property. The city conducts an investigation of the location and
shelter prior to approval of the permit. Currently the City of Oakdale has one permit for
chickens.
4. The ordinance allows a maximum of four hens on a residential property that is 2 acres in
size or less with a permit. Roosters are prohibited. Residential properties greater than 2
acres are allowed more than four chickens with the approval of a conditional use permit.
Slaughtering of chickens is prohibited. Chicken coops must be at least 30 feet from an
adjacent principal dwelling, and must be placed in the rear yard. Since adoption of the
ordinance last year, the city has issued three permits.
5. Burnsville: Burnsville adopted an ordinance allowing chickens in residential areas in 2009.
The ordinance allows a maximum of four hens on a residential property with a permit. No
slaughtering or cockfighting is allowed. Chickens must be fenced. Since adoption of the
ordinance last year, the city has issued three permits.
6. Rosemount: Up to three chickens allowed on a residential property, no permit required.
The chickens must be raised in a manner not to cause injury or annoyance to persons on
other property in the vicinity by reason of noise, odor, or filth. A chicken may be humanely
euthanized or sold after it has been impounded for a violation of the ordinance and no
owner has claimed the chicken within five business days.
Proposed Ordinance Amendment
Residential Zoning:
Following is language which currently exists in the city code regarding residential areas. Additions
to this language which would allow chickens in residential areas are underlined.
Chapter 44 (Zoning), Article II (District Regulations), Division 3 (R-1 Residence
District)
Sec. 44-6. Definitions.
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.
Sec. 44-103. Prohibited uses.
The following uses are prohibited in the R-1 residence district:
(1) The raising or handling or livestock, poultry (except for chickens as outlined in
Sections 10-476 throuqh 10-487. Chickens) or animals causing a nuisance, except
for licensed kennels.
Sec. 44-106. Lot dimensions.
The minimum lot area in an R-1 residence district shall be 10,000 square feet.
Animals:
Following is proposed language which would specify the permitting requirements for chickens in
residential areas. This language would be added to animal ordinance of the city code. Much of
the language is taken from the city's existing dog section of the animal ordinance. The language
shown in italics is modeled after St. Paul's chicken ordinance.
2
Chapter 10 (Animals), Article IX (Chickens)
Sec. 10-476. Definitions.
Chicken means any...
Rooster means anv ...
Sec. 10-477. Rules and requlations relatinq to permits and humane treatment.
The council shall promulqate requlations qoverninQ the issuance of permits. and such
reQulations shall include requirements for humane care of the owner's chickens and for
compliance with all sections of this article and other applicable state and local laws. The
council mav amend such requlations from time to time as it deems desirable for the public
health and welfare and to protect chickens from cruelty.
Sec. 10-478. Investiqation and enforcement.
Officers desiQnated by the city manaqer and approved by the council shall have police
powers in the investiGation and enforcement of this article. and no person shall interfere
with. hinder or molest any such officer in the exercise of such powers. The officer shall
make investiGations as is necessary and mav Grant. denv or refuse to renew anv
application for permit under this article.
Sec. 10-479. Limitations for each dwellinq unit in residential zones.
No more than four (4) hens shall be housed or kept on anv one residential site in anv area
of the citv zoned R-1 residence district with a permit as outlined below. Roosters are
prohibited.
Sec. 10-480. Permit reauired.
The officer shall Grant a permit for chickens after the applicant has SOUGht the written
consent of seventv-five (75) percent of the owners or occupants of privatelv or publiclv
owned real estate within one hundred fiftv (150) feet of the outer boundaries of the
premises for which the permit is beinG reGuested. or in the altemative. proof that the
applicant's propertv lines are one hundred fiftv (150) feet or more from anv structure.
However, where a street separates the premises for which the permit is beinG reauested
from other neiGhborinG propertv. no consent is reauired from the owners or occupants of
propertv located on the opposite side of the street. Where a propertv within one hundred
fiftv (150) feet consists of a multiple dwellina, the applicant need obtain onlv the written
consent of the owner or manaGer. or other person in charae of the buildina. Such written
consent shall be reGuired on the initial application and as often thereafter as the officer
deems necessary.
Sec. 10-481. Application.
Anv person desirinG a permit reauired under the provisions of this article shall make written
application to the citv clerk upon a form prescribed bv and containinG such information as
reauired bv the citv clerk and officer. Amona other thinGS. the application shall contain the
followina information:
3
(a) A description of the real property upon which it is desired to keep the chickens.
(b) The species and number of chickens to be maintained on the premises.
(c) A statement that the applicant will at all times keep the animals in accordance with
all of the conditions prescribed by the officer. or modification thereof. and that failure
to obey such conditions will constitute a violation of the provisions of this chapter
and arounds for cancellation of the permit.
(d) Such other and further information as ay be reauired by the officer.
Sec. 10-482. Permit conditions.
If aranted, the permit shall be issued bv the citv clerk and officer and shall state the
conditions. if any. imposed upon the permitted for the keepina of chickens under this permit.
The permit shall specify the restrictions. limitations. conditions and prohibitions which the
officer deems reasonably necessary to protect any person or neiahborina use from
unsanitary conditions. unreasonable noise or odors. or annovance. or to protect the public
health and safety. Such permit mav be modified from time to time or revoked by the officer
for failure to conform to such restrictions. limitations. prohibitions. Such modification or
revocation shall be effective from and after ten (10) days followina the mailina of written
notice thereof by certified mail to the person or persons keepina or maintain such chickens.
Sec. 10-483. Violations.
@l Any person violatinq any of the sections of this article shall be deemed Quilty of a
misdemeanor and upon conviction. shall be punished in accordance with section 1-
1!2.c
ilil If any person is found quilty by a court of violation of section 10-1. their permit to
owner. keep. harbor. or have custody of chickens shall be deemed automatically
revoked and no new permit mav be issued for a period of one year.
Sec. 10-484. Required: exceptions.
No person shall. without first obtaininq a permit in writinQ from the city clerk. may own.
keep. harbor or have custody of anv chicken.
Sec. 10-485. Fees: issuance.
Upon a showinQ by any applicant for a permit required under this article that they are
prepared to comply with the reQulations promulQated by the council. a permit shall be
issued followinq payment of the applicable fee. For each residential site the fee is as mav
be imposed. set. established and fixed by the city council. by resolution. from time to time.
Sec. 10-486. Term.
The permit period under this division shall commence on January 1 of 6the vear the permit
is issued and will terminate on December 31 of the year after the permit is issued.
4
Sec. 10-487. Revocation.
The city manaqer may revoke anv permit issued under this division if the person holdinQ the
permit refuses or fails to comply with this article. any requlations promulQated by the council
pursuant to this article. or any state or local law QoverninQ crueltv to animals or the keepinQ
of animals. Any person whose permit is revoked shall. within ten days thereafter. humanely
dispose of all chickens beinq owned. keep or harbored by such person. and no part of the
permit fee shall be refunded.
RECOMMENDATION
Review and comment on the proposed ordinance amendment outlined above. This amendment
would allow residential property owners to own chickens with a permit.
5
Agenda Item 2.f.3.
MEMORANDUM
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Michael Thompson, City Engineer
Stormwater Ordinance
March 15, 2010 for the March 24 ENR Commission Meeting
TO:
FROM:
INTRODUCTION
The city adopted the surface water management plan as part of the 2030 Comprehensive Plan
in January 2010. Implementation requirements of the surface water management plan call for
an update to the city's stormwater management policies to ensure all requirements of the plan
are being met.
DISCUSSION
Stormwater Management Policies
Stormwater management is touched on briefly in the city's environmental protection ordinance
and more in depth in the city's engineering standards. The stormwater ordinance is an
authoritative rule which a land owner or developer must comply with, unless a variance from the
ordinance is obtained from the city council. Engineering standards are guidelines for
development, including the preparation of engineering plans for construction in the city.
To begin the stormwater management policy updates, the Environmental and Natural
Resources (ENR) Commission reviewed updated stormwater engineering standards in January
2010. The standards are detailed and designed to ensure developers submit the appropriate
engineering plans and comply with the city's construction guidelines. The stormwater standards
will be implemented into the overall engineering standards.
Changes to the standards have been made since January based on the commission's review
and new requirements as specified below. These changes are shown on the attached
stormwater standards with additions being underlined and deletions being stricken (Attachment
1). During the review of the standards, the ENR Commission directed staff to pull the main
points from the standards in order to draft a stormwater ordinance as defined below (Attachment
2).
Stormwater Ordinance
Following is a summary of the main points highlighted in the stormwater ordinance:
1. Applicability. The city's existing stormwater management standards apply to new
development on properties of one acre or more. The proposed standards and ordinance
would now apply to projects which result in new development and redevelopment on
projects which encompass one-half acre (21,780 square-feet) or more of disturbed area
or 5,000 square-feet or more of new impervious surface.
2. Runoff Rate. Runoff rates resulting from a project subject to the standards shall not
exceed the pre-project runoff rates for the 2-year, 10-year, and 1 OO-year critical duration
storm events.
3. Water Quality Treatment. The city's existing standards require the removal of 80% total
suspended solids. The new standards and ordinance will require treatment through
infiltration practices for runoff volumes of at least 1.0 inch over all new impervious and
redevelopment impervious portions of a project. This is a new requirement by the
Minnesota Pollution Control Agency (MPCA) under the city's National Pollutant
Discharge Elimination System (NPDES) permit program. Filtration practices must be
designed for partial recharge (e.g., bioretention basin with under drains). These
practices will receive 70% credit for the runoff volume treatment requirement of 1.0 inch.
For projects where infiltration or filtration is not feasible, or is prohibited as described in
the stormwater management standards, the project must provide treatment systems that
remove 90% total suspended solids and 60% total phOSphorus on an annual basis.
4. Erosion Control. Erosion control standards apply to all land disturbance activity unless
specifically exempted by the definition of the term "land disturbance activity" in the City's
Erosion and Sedimentation Control Ordinance.
5. Illicit Discharges. No person shall throw, drain, or otherwise discharge, cause, or allow
others under its control to throw, drain, or otherwise discharge into the municipal
separate storm sewer system any pollutants or waters containing any pollutants other
than stormwater. The following discharges are exempt:
a. Water line flushing performed by a government agency, other potable water
sources, landscape irrigation or lawn watering, diverted stream flows, rising
ground water, ground water infiltration to storm drains, uncontaminated pumped
ground water, foundation or footing drains (not including active groundwater
dewatering systems), crawl space pumps, air conditioning condensation, springs,
natural riparian habitat or wetland flows, and any other water source not
containing pollutants.
b. Discharges or flows from fire fighting, and other discharges specified in writing by
the city as being necessary to protect public health and safety.
The prohibition provision above shall not apply to any non-stormwater discharge
permitted under an NPDES permit or order issued to the discharger and administered
under the authority of the State and the Federal Environmental Protection Agencies,
provided that the discharger is in full compliance with all requirements of the permit,
waiver, or order and other applicable laws and regulations, and provided that written
approval has been granted for any discharge to the (municipal/county) separate storm
sewer system.
6. Coal Tar Sealants. The use of coal tar sealers on asphalt driveways is a common
practice. Coal tar sealant products contain polycyclic aromatic hydrocarbons (PAHs),
which are a group of organic chemicals formed during the incomplete burning of coal, oil,
gas, or other organic substances. Scientific studies have demonstrated a relationship
2
between the use of these products on stormwater runoff and certain health and
environmental concerns.
The League of Minnesota Cities has drafted a model coal tar sealant ordinance. The
purpose of the ordinance is to regulate the use of sealer products in order to protect,
restore, and preserve the quality of our waters. Staff has included this language in the
updated stormwater standards and ordinance. The coal tar sealer section of the
ordinance will prohibit any person from applying this material to any driveway, parking
lot, or other surface in the city. Exceptions to this requirement are allowed for MPCA
approved research on the effects of undiluted coal tar-based sealer products or PAHs on
the environment.
The prohibition of coal tar sealant will affect local businesses and residents. As such,
city staff will include an article in the city's monthly newsletter and website addressing
this new regulation prior to adoption of the ordinance by the city council.
RECOMMENDATION
Review the draft stormwater ordinance (Attachment 2) and offer feedback during the meeting.
Once the ordinance is finalized by the Environmental and Natural Resources Commission, the
city council will hold a public hearing prior to adoption of the ordinance.
Attachments:
1. Draft Stormwater Management Engineering Standards (March 2010)
2. Draft Stormwater Ordinance (March 2010)
3
Attachment 1
Maplewood Engineering Regulations
March 1,2010
(Additions from the version reviewed by the ENR Commission
in January have been underlined)
Maplewood Stormwater Management Standards
The City of Maplewood has developed specific requirements in this section that apply to
development and redevelopment projects. These standards are intended to help achieve
the water resource goals ofthe City's Surface Water Management Plan (SWMP) and help
the City maintain compliance with the National Pollutant Discharge Elimination System
(NPDES) municipal permit program. These standards highlight important aspects of the
requirements for stormwater quality, discharge rate and volume control, erosion control,
and illicit discharge.
These standards do not replace or supersede City ordinances, watershed district
regulations, state and federal rules or permits required for the project. For a more
detailed listing of requirements see the specific policies of the City's SWMP and the
applicable City ordinances, or consult with City staff on your specific project.
To accomplish the goals of the SWMP, it is important to the City to have consistent
approaches to evaluating proposed development and redevelopment projects. Therefore,
all hydrologic, hydraulic and water quality analysis must be prepared and submitted in a
format that will allow for a timely and efficient review by City staff.
Project designers and/or developers are encouraged to schedule and complete a pre-
design meeting with the City before any data will be accepted. The purpose of the
meeting is to specifically address approvals and permits, pond requirements, trunk storm
drain analysis, wetland impacts, water quality treatment, erosion control and discharge to
lakes and sensitive wetland resources.
1 ) General
a) Erosion control standards apply to all land disturbance activity unless specifically
exempted by the definition of the term "land disturbance activity" in the City's
Erosion and Sedimentation Control Ordinance.
b) The City's water quality treatment and rate control requirements apply to projects
which result in twenty-one thousand, seven hundred eighty (21,780) square feet or
more of disturbed area or five thousand (5,000) square feet or more of new
impervious surface, and
1
c) Projects conducting mill and overlay or other surface pavement treatments, where
aggregate base is left undisturbed, on existing impervious areas are exempt from
the City's water quality treatment and rate control requirements. However,
requirements must be met if the project impacts the base and/or sub-base
materials for 21,780 square feet or more of disturbed area.
d) Projects in the Floodplain Overlay District or Shoreland Overlay District may
have additional requirements which are defmed in the City's Floodplain and
Shoreland Ordinances.
e) Any work within a wetland, surface water, or Federal Emergency Management
Agency (FEMA) designated floodplain may require permits to be obtained from,
but not limited to the City, watershed district, Department of Natural Resources
(DNR) and Corps of Engineers. All applicable permits for the specific project
must be obtained prior to commencing land disturbance, construction, grading,
clearing, or filling activities.
f) The owner shall submit the information listed in Section 8 of these Standards to
the City for review.
2) Water Quality Treatment.
a) InfiltrationIVolume Control Requirement
1) For all new impervious portions of a project, a runoff volume of one (1) inch
must be treated through infiltration practices.
2) For all redevelopment impervious portions of a project, a runoff volume of 1
inch must be treated through infiltration practices.
3) Filtration practices that are designed for partial recharge (e.g., bioretention
basin with under drains) shall receive seventy percent (70%) credit for
infiltration/volume controL
b) Pollutant Removal Requirements. For projects that have met the
infiltration/volume control requirements above, the pollutant removal
requirements are considered to be met. For projects where infiltration or filtration
is not feasible or is prohibited (see Item 5.a.), the following pollutant removal
standards (based on a standard NURP particle size distribution) apply prior to
reaching a downstream receiving water:
1) For new development portions of a site, provide treatment to remove ninety
percent (90%) total suspended solids (TSS) and sixty percent (60%) total
phosphorus (TP) as modeled on an annual basis.
2) For redevelopment portions of a site, provide treatment to remove 90% TSS
and 60% TP as modeled on an annual basis.
2
3) Rate Control.
a) Discharge rates leaving the site must not exceed the current rates for the 2, 10 and
100-year, critical duration (24-hour) storm events, using a Type II storm
distribution and antecedent moisture conditions 2 (AMC-2).
b) On-site rate controls may not be needed if downstream (regional) facilities can be
shown to adequately detain/retain the runoff to existing conditions. In this case,
the developer or design engineer shall submit a technical evaluation completed by
a qualified engineer which must be reviewed and approved by the City Engineer.
c) Where a flow rate variance involves inter-community issues or significant water
bodies, the regulatory jurisdiction shall have a review role. Any variances shall
be reflected in subsequent plan submittals.
4) Design Computations.
a) All hydrologic data shall be completed using NRCS.methodology; i.e. HydroCAD
or TR20/TR55, XP-SWMM or a comparable, City approved method. Hydraulic
calculations will be accepted in the rational method format or in commonly used
software packages such as FHWA HY-8, Eagle Point or XP-SWMM or a
compatible, City approved method. These computations shall be submitted to the
City upon request.
b) Rainfall amounts for hydrologic analysis shall be based on Hershfield, D.M.,
1961, Rainfall Frequency Atlas of the United States for Duration of 30 Minutes to
24 Hours and Return Periods from 1 to 100 Years. Technical Publication No. 40
(TP-40). Maplewood analyses shall use the values in the following table.
Rainfall FreQuencv Rainfall Guches)
2-Year 24-Hour 2.9
10-Year 24-Hour . 4.3
100- Y ear 24-Hour 6.0
c) For projects that do not meet the infiltration/volume control requirement, design
engineers and developers shall determine the pollutant removal efficiency of the
best management practices (BMPs) incorporated into the site plan using the
available industry standard models including P8 (and using a standard NURP
particle size distribution for the analysis) or a comparable model approved by the
City. As an alternative to preparing a site-specific model, the development may
provide a treatment volume (cjead storage) of not less than two and one-half (2.5)
inches multiplied by the runoff coefficient calculated over the contributing
drainage area to the pond. For example, a one (1) acre impervious site with a
runoff coefficient of 0.90 that drains to a common treatment pond would be
required to provide a dead storage volume of 0.19 acre-feet or eight thousand two
hundred (8,200) cubic feet. The Natural Resources Conservation Service Method
may also be used upon City approval.
3
d) The volume reduction (in cubic feet) provided by surface infiltration practices
shall be computed using the Ramsev-Washington Metro Watershed District's
(RWMWD) Volume Control Worksheet (available online at www.rwmwd.org).
An alternative computation method mav be used if the method considers the same
factors as the RWMWD worksheet and provided the method is approved bv the
City Engineer prior to the proiect information being submitted to the Citv for
revIew.
e) Local storm sewer systems shall be designed for the 10-year storm event. The
Rational Method shall be the preferred methodology for the design of local
systems. Culvert crossings or storm systems in County or State right-of-way may
have a design frequency which differs from the City's lO-year design storm. The
designer shall contact each agency/unit of government to determine the
appropriate design frequency for hydrologically-connected systems.
f) For culvert outlet velocities less than or equal to four (4) feet per second (fps),
check shear stress to determine if vegetation or'riprap will be adequate. If
vegetation is used, temporary erosion control during and immediately following
construction shall be used until vegetation becomes established. For velocities
greater than four (4) fps, energy dissipaters shall be designed in accordance with
MnlDOT Design Criteria.
g) High water elevations for landlocked areas (basins where no outlet exists) shall be
established by first estimating the normal or initial water surface elevation at the
beginning of a rainfall or runoff event using a documented water budget, evidence
of mottled soil, andlor an established ordinary high water level. The high water
level analysis shall be based on runoff volume resulting from a lOO-year/l O-day
runoff (7.2 inches and saturated or frozen soil conditions [CN=lOO]) and/or the
runoff resulting from a lOO-year back-to-back event (6.0 inches followed by 6.0
inches). The high water elevation shall be the higher ofthese two conditions.
h) The lowest floor elevation (LFE) of all buildings shall be set:
1) At least two (2) feet above the 100-vear high water elevation and at least one
(1) foot above a designated emergencv overflow.
2) For landlocked basins, at least five (5) feet above the higher of the elevations
determined in Part 4.g.
5) Volume Control/Infiltration Practices Design Criteria.
a) Infiltration systems are prohibited:
1) Where the bottom of the infiltration basin is less than three (3) feet to bedrock
or the seasonally high water table;
2) Low permeability soils (i.e., Hydrologic Soil Group D soils) or where a
confining layer exists below the proposed basin;
3) Within fifty (50) feet of a public or private water supply well (Minn. Rules,
Chapter 4725);
4
4) Potential stormwater hot spots or contaminated soils;
5) Within ten (10) feet of a property line or building foundation; and
6) Within thirty-five (35) feet of a septic system tank or drain field.
b) Infiltration practices must be designed to draw down to the bottom elevation of
the practice within forty-eight (48) hours. The ponding depth shall be based on the
soil infiltration rate determined from site-specific soils investigation data taken
from the location of proposed infiltration practices on the site (e.g., double ring
infiltrometer test). The maximum ponding depth, regardless of infiltration rate
shall be two (2) feet unless otherwise approved by the City Engineer. The soils
investigation requirement may be waived for residential property practices where
the maximum ponding depth is one (1) foot or less. The following infiltration
rates shall be used for the most restrictive underlying soil unless otherwise
supported by an in-situ infiltration test:
Soil ASTM Unified
Rate Soil Textures Soil Class
Group Symbols
A 1.63 in/hr Gravel, sand, sandy gravel, silty GW,GP
0.80 in/hr gravel, loamy sand, sandy loam GM, SW, SP
B 0.60 in/hr Loam, silt loam SM
0.30 in/hr ML,OL
C 0.20 in/hr Sandy clay loam GC,SC
D 0.00 in/hr Clay loam, silty clay loam, sandy CL, CH, OH,
clay, silty clay, or clay MH
Source: Minnesota Stormwater Manual, November 2005.
c) Infiltration practices shall have provisions for pretreatment of the runoff.
Examples of pretreatment include: a mowed grass strip between a curb-cut and a
small rain garden, a sump manhole or manufactured sediment trap prior to an
infiltration basin, and a sediment forebay as the first cell of a two-cell treatment
system. Where the infiltration system captures only clean runoff (e.g., from a
rooftop) pretreatment may not be required.
d) The design shall incorporate a diversion or other method to keep construction site
sediment from entering the infiltration system prior to final stabilization of the
entire contributing drainage area.
e) The design shall incorporate provisions that will prohibit construction equipment
from compacting the soils where infiltration practices are proposed.
f) A plan for maintenance of the system must be submitted that identifies the
maintenance activities and frequency of activities for each infiltration practice on
the site. A signed maintenance agreement will be required by the City.
5
6) Pond and Additional Infiltration Svstem Design Criteria. Newly constructed or
expanded/modified ponds and basins shall be designed and constructed to meet the
following:
a) All ponds or basins shall:
1) Have a 3:1 maximum slope (above the normal water level [NWL] and below
the 10: 1 bench, if a wet pond);
2) Maximize the separation between inlet and outlet points to prevent short-
circuiting of storm flows;
3) Have an emergency overflow spillway identified and designed to convey
storm flows from events greater than the 1 DO-year event; and
4) Be made accessible for maintenance and not be entirely surrounded by steep
slopes or retaining walls which limit the type of equipment that can be used
for maintenance. Vehicle access lane(s) of at least ten (10) feet shall be
provided, at a slope less than fifteen percent (15%) from the access point on
the street or parking area to the pond, to accommodate maintenance vehicles.
Maintenance agreements will be required when the pond is not located on City
property.
b) All wet ponds shall:
1) Have an aquatic bench having a 10:1 (H:V) slope for the first ten (10) feet
from the NWL into the basin;
2) Have inlets be placed at or below the NWL;
3) Have a skimming device designed to remove oils and floatable materials up to
a five (5) year frequency event. The skimmer shall be set a minlinum of
twelve (12) inches below the normal surface water elevation and shall control
the discharge velocity to 0.5 feet per second.
4) Have an average four (4) feet of permanent pool depth (dead storage depth).
This constraint may not be feasible for small ponds (less than about three [3]
acre-feet in volume or less). In such cases, depths of three to four (3-4) feet
may be used. To prevent development of thermal stratification, loss of
oxygen, and nutrient recycling from bottom sediments, the maximum depth of
the permanent pool should be less than or equal to ten (10) feet.
7) Erosion and Sediment Control.
a) The City's Erosion Control Ordinance shall be followed for all projects, including
those not regulated under the NPDES construction permit.
b) Prior to the start of any excavation or land disturbing activity for the site, the
owner or contractor must have in place a functional and approved method of
erosion and sediment control. The contractor must have received authorization
from the City prior to commencing construction activities.
c) Development projects subiect to the NPDES Construction Permit shall meet the
requirements of the NPDES permit program, including the requirement to prepare
6
and follow a storm water pollution prevention plan (SWPPP). The owner shall
submit proof of receipt and approval by Minnesota Pollution Control Agency
and/or watershed district of the permit application prior to commencing
construction if required. A copy of the SWPPP prepared in accordance with the
NPDES permit requirements, shall be submitted to the City if requested by the
City Engineer.
8) Storm Water Plan Submittals.
a) Property lines and delineation oflands under ownership of the project proposer.
b) Delineation of the subwatersheds contributing runoff from off-site, and proposed
and existing subwatersheds on-site.
c) Location, alignment and elevation of proposed and existing stormwater facilities.
d) Delineation of existing on-site wetlands, shoreland and/or floodplain areas.
Removal or disturbance of stream bank and shoreland vegetation should be
avoided. The plan shall address how unavoidable disturbances to this vegetation
will be mitigated per the City's ordinances.
e) Existing and proposed inlet and outlet elevations
f) The lO-year and 100-year high water elevations on-site. For landlocked basins,
the higher of the elevations determined in Part 4.g. of these standards shall also be
identified.
g) The lowest floor elevation and low opening elevation of all buildings and
structures.
h) Existing and proposed site contour elevations related to NGVD, 1929 datum.
i) Construction plans and specifications of all proposed stormwater management
facilities.
j) Stormwater runoff volume and rate analyses for existing and proposed conditions.
k) All hydrologic and hydraulic computations completed to design the proposed
stormwater quality management facilities. Computations shall include a summary
of existing and proposed impervious areas.
I) All pollutant removal computations for practices not meeting the volume
control/infiltration requirement.
m) Provision of outlots or easements for maintenance access to detention basins,
retention basins, constructed wetlands, and/or other stormwater management
facilities.
n) Maintenance agreement between developer and City which addresses sweeping,
pond inspection, sediment removal and disposal, etc.
0) Inlets to detention basins, wetlands, etc., shown at or below the outlet elevation.
7
p) Identification of receiving water bodies (lakes, streams, wetlands, etc).
q) Identification of existing wells and septic tanks on the development site.
r) Documentation indicating conformance with these standards.
9) Prohibition of Illicit Discharges. No person shall throw, drain, or otherwise discharge,
cause, or allow others under its control to throw, drain, or otherwise discharge into
the municipal separate storm sewer system any pollutants or waters containing any
pollutants other than stormwater, i.e., swimming pool water which contains pollutants
not found in stormwater. The following discharges are exempt from the prohibition
provision above:
a) Water line flushing performed by a government agency, other potable water
sources, landscape irrigation or lawn watering, diverted stream flows, rising
ground water, ground water infiltration to storm drains, uncontaminated pumped
ground water, foundation or footing drains (not including active groundwater
dewatering systems), crawl space pumps, air conditioning condensation, springs,
natural riparian habitat or wetland flows, and any other water source not
containing pollutants;
b) Discharges or flows from fire fighting, and other discharges specified in writing
by the City as being necessary to protect public health and safety;
c) The prohibition provision above shall not apply to any non-stormwater discharge
permitted under an NPDES permit or order issued to the discharger and
administered under the authority of the State and the Federal Environmental
Protection Agency, provided that the discharger is in full compliance with all
requirements ofthe permit, waiver, or order and other applicable laws and
regulations, and provided that written approval has been granted for any discharge
to the (municipal/county) separate storm sewer system.
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Attachment 2
DRAFT ORDINANCE LANGUAGE
Stormwater Management
March 7, 2010
1. Applicability. Stormwater management standards shall apply to new
development and redevelopment projects which result in one-half acre (21,780
square-feet) or more of disturbed area or five thousand (5,000) square-feet or
more of new impervious surface.
a. Runoff Rates. Runoff rates resulting from a project subject to the
standards shall not exceed the pre-project runoff rates for the 2-year, 10-
year, and 1 OO-year critical duration storm events.
b. Water Quality Treatment. A runoff volume of at least one (1.0) inch, over
all new impervious and redevelopment impervious portions of a project,
must be treated through infiltration practices.
i. Filtration practices that are designed for partial recharge (e.g.,
bioretention basin with under drains) shall receive seventy percent
(70%) credit for the runoff volume treatment requirement of 1.0
inch.
II. For projects where infiltration or filtration is not feasible, or is
prohibited as described in the stormwater management standards,
the project must provide treatment systems that remove ninety
(90%) total suspended solids (TSS) and sixty percent (60%) total
phosphorus (TP) on an annual basis.
2. Erosion Control. Erosion control standards apply to all land disturbance activity
unless specifically exempted by the definition of the term "land disturbance
activity" in the city's erosion and sedimentation control ordinance.
3. Illicit Discharges. No person shall throw, drain, or otherwise discharge, cause,
or allow others under its control to throw, drain, or otherwise discharge into the
municipal separate storm sewer system any pollutants or waters containing any
pollutants other than stormwater. The following discharges are exempt:
a. Water line flushing performed by a government agency, other potable
water sources, landscape irrigation or lawn watering, diverted stream
flows, rising ground water, ground water infiltration to storm drains,
uncontaminated pumped ground water, foundation or footing drains (not
1
including active groundwater dewatering systems), crawl space pumps, air
conditioning condensation, springs, natural riparian habitat or wetland
flows, and any other water source not containing pollutants;
b. Discharges or flows from fire fighting, and other discharges specified in
writing by the City as being necessary to protect public health and safety;
c. The prohibition provision above shall not apply to any non-stormwater
discharge permitted under an National Pollutant Discharge Elimination
System (NPDES) permit or order issued to the discharger and
administered under the authority of the State and the Federal
Environmental Protection Agency, provided that the discharger is in full
compliance with all requirements of the permit, waiver, or order and other
applicable laws and regulations, and provided that written approval has
been granted for any discharge to the (municipal/county) separate storm
sewer system.
4. These requirements do not replace or supersede other City ordinances,
watershed district rules or permit requirements, or state and federal rules or
permits required for the project.
5. Regulating Use of Coal Tar Based Sealer Products.
a. Purpose. The City understands that lakes, rivers, streams and other
bodies of water are natural assets which enhance the environmental,
recreational, cultural and economic resources and contribute to the
general health and welfare of the community. The use of sealers on
asphalt driveways is a common practice. However, scientific studies on
the use of driveway sealers have demonstrated a relationship between
stormwater runoff and certain health and environmental concerns.
Regulation of sealer products within the City is needed in order to protect,
restore, and preserve the quality of its waters.
b. Definitions. Except as may otherwise be provided or clearly implied by
context, all terms used in this ordinance shall be given their commonly
accepted definitions. For the purpose of section 5 of this ordinance, the
following definitions shall apply unless the context clear indicates or
requires a different meaning:
Asphalt-Based Sealer. A petroleum-based sealer material that is
commonly used on driveways, parking lots, and other surfaces and which
does not contain coal tar.
Coal Tar. A byproduct of the process used to refine coal.
2
Undiluted Coal Tar-Based Sealer. A sealer material containing coal tar
that has not been mixed with asphalt and which is commonly used on
driveways, parking lots and other surfaces.
PAHs (Polycyclic Aromatic Hydrocarbons). A group of organic chemicals
formed during the incomplete burning of coal, oil, gas, or other organic
substances. Present in coal tar and believed harmful to humans, fish, and
other aquatic life.
c. Prohibitions.
1. No person shall apply any undiluted coal tar-based sealer to any
driveway, parking lot, or other surface within the City.
2. No person shall contract with any commercial sealer product
applicator, residential or commercial developer, or any other person
for the application of any undiluted coal tar-based sealer to any
driveway, parking lot, or other surface within the City.
3. No commercial sealer product applicator, residential or commercial
developer, or other similar individual or organization shall direct any
employee, independent contractor, volunteer, or other person to
apply any undiluted coal tar-based sealer to any driveway, parking
lot, or other surface within the City.
d. Exemption. Upon the express written approval from both the City and the
MPCA, a person conducting bona fide research on the effects of undiluted
coal tar-based sealer products or PAHs on the environment shall be
exempt from the prohibitions provided in Section 3.
e. Asphalt-Based Sealcoat Products. The provisions of this ordinance shall
only apply to use of undiluted coal tar-based sealer in the City and shall
not affect the use of asphalt-based sealer products within the City.
6. . Penalty. Any person convicted of violating any provision in this ordinance is
guilty of a misdemeanor and penalties shall conform to Section 1-15 of City
Code: General penalties for violations; continuing violations.
7. Severability. If any provision of this ordinance is found to be invalid for any
reason by a court of competent jurisdiction, the validity of the remaining
provisions shall not be affected.
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Agenda Item 2.fA.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Environmental and Natural Resources Commission
Shann Finwall, AICP, Environmental Planner
Steven Love, Assistant City Engineer
Jon Jarosch, Civil Engineer I
Flood Plain Ordinance
March 15, 2010 for the March 24 ENR Commission Meeting
INTRODUCTION
The Federal Emergency Management Agency (FEMA) has advised the City of
Maplewood that we must adopt flood plain regulations compliant with 44 Code of
Federal Regulation, Section 60.3 by June 4, 2010. This date is also the effective date of
the new flood insurance rate map panels.
Maplewood's current flood plain ordinance was adopted in 1981. To aid in the ordinance
update, the Department of Natural Resources (DNR) has reviewed our current flood
plain ordinance and has recommended changes the city needs to make based on the
new FEMA regulations. These changes have been added to the attached ordinance
(Attachment 1).
BACKGROUND
In 1981 the city adopted a flood plain ordinance and flood plain maps.
In 2009 FEMA conducted a flood plain study of Ramsey County, updated the flood plain
maps, and made amendments to the Cod of Federal Regulations. FEMA is requiring
that municipalities update their ordinances to comply with the new regulations and maps
by June 4,2010, or be suspended from the flood insurance program.
In February 2010 the Environmental and Natural Resources (ENR) Commission
reviewed the proposed amendments to the flood plain ordinance. The ENR Commission
recommended that staff implement the changes into the city's existing ordinance for
review.
DISCUSSION
The city's flood plain ordinance is required to comply with the rules and regulations of
the National Flood Insurance Program (codified as 44 Code of Federal Regulations
Parts 59 -78). The ordinance adopts by reference the new Flood Insurance Rate Maps,
which specify the flood plain districts within Ramsey County.
Following is a summary of the changes required to comply with the new regulations:
1. Adoption of new flood plain maps. Hard copies of these maps won't be available
to cities until April 2010, but can be reviewed on the DNR's ftp site at
ftp.dnr.state.mn. us/pub/waterslfloodplain/Countv data/Ramsevl
2. Definitions. In addition to new definitions required by FEMA, city staff is
recommending language be added to the Regulatory Flood Protection Elevation
to include this elevation be no lower than two feet above the elevation of the
regional flood plus any increased in flood elevation caused by encroachments on
the flood plain that result from this designation of a floodway.
3. Change to permitted uses. The city's current ordinance describes a permitted
use as "any non-structural land use which does not obstruct flood flows, such as
gardens, fill, excavation, or storage of materials or equipment." The new
regulations change that description as follows: "Any use of land which does not
involve a structure, a fence, an addition to the outside dimensions to an existing
structure (including a fence) or an obstruction to flood flows such as fill,
excavation, or storage of materials or equipment."
4. New administration requirements. There are expanded permitting requirements
for properties in a flood plain, including obtaining a permit from the city prior to
the erection, addition, modification, and rehabilitation (including normal
maintenance and repair). Additionally, a permit is required prior to the repair of a
structure that has been damaged by flood, fire, tornado, or any other source.
5. Variances. Additional variance criteria must be satisfied including no variance
approval by a community unless there is a showing of sufficient cause, failure to
grant the variance would result in a hardship, and granting the variance would
not result in increased flood heights.
6. Nonconformities. If a substantial improvement occurs to a nonconforming
property from any combination of a building addition to the outside dimensions of
the existing building or rehabilitation, reconstruction, alteration, or other
improvement to the inside dimensions of an existing nonconforming building,
then the building addition and the existing nonconforming building must meet the
requirements of the ordinance.
RECOMMENDATION
Recommend approval of the amendments made to the flood plain ordinance
(Attachment 1). These amendments were made to meet the new Federal Emergency
Management Agency's flood regulations and Ramsey County Flood Plain maps. The
ENR's recommendations will go to the Planning Commission for a public hearing, and
then onto the city council for final approval.
Attachment: Maplewood Flood Plain Ordinance (Revised)
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Attachment 1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 44 (ZONING), ARTICLE VIII (FLOOD PLAIN
OVERLAY DISTRICT)
The Maplewood city council approves the following changes to the Maplewood Code of
Ordinances:
This amendment revises portions of the city's zoning code dealing with the flood plain overlay
district.
Section 44-1191. Authorization.
The state legislature has, in Minn. Stats. Chs. 103F and 463, delegated the authority to local
governmental units to adopt regulations designed to lessen flood losses. Minnesota Statute,
Chapter 103F further stipulates that communities subject to recurrent flooding must participate
and maintain eligibility in the National Flood Insurance Program. Therefore, the city has adopted
this ordinance.
Sec.44-1192. Purpose.
The purpose of this article is to lessen potential losses due to periodic flooding, including loss of
life, loss of property, health and safety hazards. Further, it is also to lessen the disruption of
commerce and governmental services, extraordinary public payments for flood protection and
relief, and impairment of the tax base. Within the meaning of the National Flood Insurance
Program, all of these adversely affect the public health, safety and general welfare.
Sec. 44-1193. Liability.
This ordinance does not imply that areas outside the flood plain districts or land uses permitted
within such districts will be free from flooding or damages. This ordinance shall not create liability
on the part of the city or any officer or employee thereof for any flood damages that result from
reliance on this ordinance or any administrative decisions lawfully made under this ordinance.
Sec. 44-1194. Adoption of flood insurance rate map.
The city hereby adopts the Flood Insurance Study for Ramsey County. Minnesota (All
Jurisdictions) and the Flood Insurance Rate Map Panels therein numbered 27123C0038G.
27123C0039G. 27123C0041G, 27123C0042G. 27123C0043G. 27123C0044G. 27123C0065G.
27123C0101G. 27123C0102G, 27123C0110G. 27123C0117G. 27123C0119G. 27123C0130G.
and 27123C0140G. all dated June 4.2010 and prepared by the Federal EmerQency
ManaQement AQency. are hereby adopted by reference as the Official Flood Plain ZoninQ
District Map and made a part of this ordinance. flood insurance Fate map for the city, dated
, developed by the Federal Emergency Management Agency. The city adopts this
map by reference as the official flood plain zoning district map and makes it part of this ordinance.
1
Sec. 44-1195. Applicability.
(1) This ordinance shall apply to all lands designated as flood plain within the city and is
adopted to comply with the rules and requlations of the National Flood Insurance
Proqram codified as 44 Code of Federal Reoulations Parts 59 -78. as amended. so as to
maintain the Communitv's elioibility in the National Flood Insurance Proqram.
161 Annexations. The Flood Insurance Rate Map panels adopted by reference above may
include floodplain areas that lie outside of the corporate boundaries of the City of
Maplewood at the time of adoption of this ordinance. If any of these floodplain land
areas are annexed into the City of Maplewood after the date of adoption of this
ordinance. the newly annexed floodplain lands shall be subiect to the provisions of this
ordinance immediatelv upon the date of annexation into the City of Maplewood.
ru Abrooation and Greater Restrictions. It is not intended by this ordinance to repeal.
abrooate. or impair any existinq easements. covenants. or deed restrictions. However,
where this ordinance imposes oreater restrictions. the provisions of this ordinance shall
prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the
extent of the inconsistency onlv.
ill Severability. If any section. clause. provision. or portion of this Ordinance is adiudqed
unconstitutional or invalid by a court of competent iurisdiction. the remainder of this
ordinance shall not be affected thereby.
Sec. 44-1196. Interpretation.
The director of community development shall determine the boundaries of the flood plain district
by scaling distances on the official flood plain zoning district map. Where there is a need for
interpretation about the exact location of the boundaries of the flood plain district, the director of
community development shall make the necessary interpretation based on the qround elevations
that existed on the site at the time the community adopted its initial floodplain ordinance or the
date of the first National Flood Insurance Prooram map that placed the site in the floodplain if
earlier. The director shall make this interpretation based on the elevations of the regional
(100-year) flood profile, if available. If 100-year flood elevations are not available, the city shall:
(1) Require a flood plain evaluation consistent with Sections 44-1201 (a) to determine a
1 OO-year flood elevation for the site; or
(2) Base its decision on available hydrauliclhydrologic or site elevation survey data.
Sec.44-197. Definitions.
Unless specifically defined in this ordinance, the words or phrases used in this ordinance have the
same meaning as they have in common usage. A person shall interpret these words or phrases
to give this article its most reasonable application. The following words, terms and phrases when
used in this ordinance, shall have the meanings ascribed to them in this ordinance, except where
the context clearly indicates a different meaning:
Accessory Use or Structure means a use or structure on the same lot with. and of a nature
customarilv incidental and subordinate to. the principal use or structure.
2
Basement means any area of a structure, including crawl spaces, having its floor or base
subgrade below ground level on all four sides. This is regardless of the depth of excavation below
ground level.
Director means the director of community development.
Flood fringe means that portion of the flood plain outside the floodway.
Flood plain means the channel or beds proper and the areas adjoining a wetland, watercourse or
lake which a regional flood may have or could hereafter cover. Flood plain areas within the City
shall include all areas shown as Zone A on the flood insurance rate map.
Floodway means the bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which the regional flood reasonably requires to carry or store
the regional flood discharge.
Lowest floor means the lowest floor of the lowest enclosed area (includino basement).
Manufactured home means a structure. transportable in one or more sections. which is built on
a permanent chassis and is desioned for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include the term
"recreational vehicle."
Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection,
excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill,
structure, stockpile of sand or gravel or other material, or matter in, along, across or projecting into
any channel, watercourse, lake bed or regulatory flood plain which may impede, retard or change
the direction of flow in itself or by catching or collecting debris carried by floodwater.
Recreational vehicle means a vehicle that is built on a sino Ie chassis. is 400 souare feet or less
when measured at the laroest proiection. is desioned to be self-propelled or permanently
towable by a Iioht duty truck. and is desiqned primarily not for use as a permanent dwellino but
as temporary Iivino ouarters for recreational. campinq. travel. or seasonal use. For the
purposes of this Ordinance. the term recreational vehicle shall be synonymous with the term
travel trailerltravel vehicle.
Regional flood means a flood which represents the large floods known to have occurred in
Minnesota. Such a flood is characteristic of what one can expect to occur on an average of every
100 years. Regional flood is synonymous with the term "base flood" used in the Flood Insurance
Rate Map.
Regulatory flood protection elevation means the elevation no lower than two ooe foot above the
elevation of the regional flood plus any increases in flood elevation caused by encroachments on
the flood plain that result from designation of a floodway.
Structure means anything constructed or erected on the ground or attached to the ground or
on-site utilities. This includes, but is not limited to, buildings, factories, sheds, detached garages,
cabins, manufactured homes or travel trailerslvehicles not meeting the exemption criteria
specified in Section 44-1209(a)(1) and other similar items.
3
Substantial improvement means anv consecutive 365-day period. any reconstruction.
rehabilitation (includino normal maintenance and repair). repair after damaqe. addition. or other
improvement of a structure. the cost of which eouals or exceeds fifty (50) percent of the market
value of the structure before the "start of construction" of the improvement. This term includes
structures that have incurred "substantial damaoe." reoardless of the actual repair work
performed. The term does not. however. include either:
(1) Any proiect for improvement of a structure to correct existino violations of state or local
health. sanitary. or safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure safe livinq
conditions.
(2) Any alteration of an "historic structure." provided that the alteration will not preclude the
structure's continued desiqnation as an "historic structure." For the purpose of this
Ordinance. "historic structure" shall be as defined in 44 Code of Federal Requlations.
Part 59.1.
Sec. 44-1198. Overlay zoning.
A flood plain zoning district shall be considered an overlay zoning district to all existing land use
regulations of the city. The city may allow the uses permitted in sections 36-499 and 36-500 of
this article only if they are allowed by the underlying zoning district. This article shall apply in
addition to other city regulations and where this article imposes greater restrictions.
Sec. 44-1199. Compliance.
No person shall use a new structure or land without full compliance with this article. No person
may locate, extend, converted. repaired. maintained. or structurally alter a structure without full
compliance with this article. Within the floodway and flood fringe, the city prohibits all uses not
listed as permitted uses in Sections 44-1200 and 44-1201. In addition, the following regulations
shall apply:
(1) New manufactured homes, replacement manufactured homes and certain travel trailers
and travel vehicles are subject to the general provisions of this article and specifically
Sections 44-1200,44-1201 and 44-1209.
(2) The sections of this ordinance regulate changes, modifications. repair and maintenance.
additions, structural alterations or repair after damage to existing nonconforming structures
and nonconforming uses of structures or land.
(3) As stated in Section 44-1204, a person shall use ground surveys to certify as-built
elevations for elevated structures.
Sec. 44-1200. Permitted uses and standards.
(1) Permitted Uses. The following uses of land are permitted uses in the flood plain district:
4
(a) ^ny non structural land use which does not obstruct flood flews, such as gardens,
fill, excavation, or storage of materials or equipment. Any use of land which does
not involve a structure. a fence. an addition to the outside dimensions to an
existinq structure (includino a fence) or an obstruction to flood flows such as fill.
excavation. or storaoe of materials or eouipment..
(b) The following activities if they are entirely within the flood fringe:
1) The construction of new structures.
2) The placement or replacement of manufactured homes.
3) Additions to existing structures or obstructions, such as fill or storage of
materials or equipment.
The uses in subsections (1 )(a) and (b) of this section shall be subject to the development
of standards in subsection (2) of this section. They are also subject to the flood plain
evaluation criteria in section 44-1201.
(c) Travel trailers and travel vehicles as regulated under Section 44-1209.
(2) Standards for flood plain permitted uses. Standards for flood plain permitted uses shall be
as follows:
(a) A person shall compact fill and protect the slopes from erosion by the appropriate
methods. Such methods include the use of containment dikes or levees, riprap,
vegetative cover or other acceptable method. The Federal Emergency
Management Agency (FEMA) has established criteria for removing the special
flood hazard area designation for certain structures properly elevated on fill above
the 1 OO-year flood elevation. FEMA's requirements have specific fill compaction
and side slope protection standards for multi-structure or multi-lot developments.
A person should investigate these standards before starting site preparation if a
person wishes to request a change of special flood hazard area designation.
(b) Storage of materials and equipment shall be in accordance with the following:
1) . The city prohibits the storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially harmful to human, animal, or
plant life.
2) The city may allow the storage of other materials or equipment if readily
removable from the area within the time available after a flood warning or if
placed on fill at or above the Regulatory Flood Protection Elevation.
(c) The city shall not permit uses or activities which will adversely affect the capacity of
the channels or floodways of any tributary to the main stream, or of any drainage
ditch, or any other drainage facility or system.
(d) No person shall construct a structure, including accessory structures, additions to
existing structures and manufactured homes on fill unless the lowest floor.
includino basement floor. basement floor, or first floor if thore is no basement, is at
5
or above the Regulatory Flood Protection Elevation. The finished fill elevation
must be no lower than one foot below the Regulatory Flood Protection Elevation.
The finished fill shall extend at such elevation at least 15 feet beyond the limits of
the structure constructed thereon.
(e) All uses. The city shall not permit uses that do not have vehicular access at or
above an elevation not more than two feet below the Regulatory Flood Protection
Elevation to lands outside the flood plain. The city may permit such uses if the city
council grants a variance. In granting a variance, the city council shall specify
limitations on the period of use or occupancy of the use. The city council must also
determine that adequate flood warning time and local emergency response and
recovery procedures exist before granting such a variance.
(f) Commercial and manufacturing uses. Accessory land uses, such as yards,
railroad tracks, and parking lots may be at elevations lower than the Regulatory
Flood Protection Elevation. However, the city shall not grant a permit for such
facilities for use by the employees or the public without a flood warning system that
provides adequate time for evacuation if the area would be inundated to a depth
and velocity such that when multiplyino the depth (in feet times velocity (in feet per
second) the product number exceeds four (4) upon occurrence of the reoional
flood.regienal floed '....euld inundate the area to a depth greater than 1'0'.'0 feet er
subject the area to flood velocities greater than four feet per second.
(g) On-site sewage treatment and water supply systems. Where the city has not
provided public utilities, then the owner shall conform to following conditions:
(1) A person shall design on-site water supply systems to lessen or eliminate
infiltration of flood waters into the systems; and
(2) A person shall design new or replacement on-site sewage treatment
systems to lessen or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters. Such systems shall not
be subject to impairment or contamination during times of flooding. The
city shall determine that any sewage treatment system designed according
to the State's standards to be in compliance with this Section.
(h) The owner of a manufactured home must securely anchor it to an adequately
anchored foundation system that resists flotation, collapse and lateral movement.
Methods of anchoring may include, but are not limited to, use of over-the-top or
frame ties to ground anchors. This requirement is in addition to applicable state or
local anchoring code requirements for resisting wind forces.
Sec.44-1201. Flood plain evaluation.
(1) Upon receipt of an application for a permit, manufactured home park development or
subdivision approval within the flood plain district, the Director shall require the applicant to
furnish plans and hydrologiclhydraulic analysis by a qualified engineer or hydrologist
specifying the nature of the development. This analysis shall also show whether the
proposed use is located in the floodway or flood fringe and the Regulatory Flood
Protection Elevation for the site. The city engineer or hydrologist shall follow procedures
consistent with Minnesota Rules 1983 Parts 6120.5000 to 6120.6200 e120.5600
6
(Technical Standards and Requirements For Floodplain Ev:lIuation) and 6120.5700
(Minimum Fleodplain Management Standards for Local Ordinances) and 44 Code of
Federal Reoulations Part 65. These procedures are to be used during the technical
evaluation and review of the development proposal.
(2) The director shall submit one copy of all information required by subsection (1) of this
section to the Department of Natural Resource's area hydrologist. This is for Department
of Natural Resource's review and comment. The Director shall submit this information at
least twenty (20) days before the city grants a permit or manufactured home park
development/subdivision approval. The director shall notify the respective DNR Area
Hydrologist within ten (10) days after the city grants a permit or approves manufactured
home park development/subdivision.
Sec. 44-1202. Utilities and transportation facilities.
All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be
constructed according to state flood plain management standards contained in Minnesota Rules
1983 parts 6120.5000 - 6120.6200.
Sec. 44-1203. Subdivisions and manufactured homes.
(1) No person shall subdivide land or develop or expand a manufactured home park where
the city council has determined the site to be unsuitable. The city council shall make the
determination of unsuitability based on flooding or inadequate drainage, water supply or
sewage treatment facilities. The city council shall review the subdivision/development
proposal. This review is to insure that each lot or parcel contains enough area outside the
floodway for fill placement for elevating structures, sewage systems and related activities.
(2) In the flood plain district, applicants for subdivision approval or development of a
manufactured home park or manufactured home park expansion shall provide the
information required in 44-1201 (1). The director shall review the proposed subdivision or
manufactured home park development in according to the standards established in this
ordinance.
(3) The applicant for a subdivision in the flood plain shall clearly label the Floodway and Flood
Fringe boundaries on all required application documents and drawings. The applicant
shall also show the Regulatory Flood Protection Elevation and the required elevation of all
access roads and streets on all required application drawings and documents.
(4) Removal of Special Flood Hazard Area Designation. The Federal Emergency
Management Agency has established criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above the 1 OO-year flood
elevation. Federal Emergency Management Agency's requirements include specific fill
compaction and side slope protection standards for multi-structure or multi-lot
developments. A person should investigate these standards if they are requesting a
change to the special flood hazard area before the initiation of site preparation.
Sec. 44-1204. Administration.
(1) Permit required. A person shall secure a permit issued by the city before doing any of the
following:
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(a) the construction, addition, modification. rehabilitation (including normal
maintenance and repair). or alteration of any building or structure.
fQl prior to the construction of a dam. fence. or on-site septic system.
(c) changing the use of a building, structure, or land.
(d) changing, extending or enlarging a nonconforming use.
(e) prior to the repair of a structure that has been damaged by flood, fire, tornado, or
any other source.
(f) excavating or placing an obstruction within the flood plain.
(2) State and federal permits. Before granting a city permit or processing an application for a
variance, the city shall determine that the applicant has obtained all necessary state and
federal permits. .
(3) Certification of lowest floor elevations. The city shall require the applicant to submit
certification by a registered professional engineer, registered architect, or registered land
surveyor about accomplishing the finished fill and building elevations in compliance with
this ordinance. The building official shall maintain a record of the elevation of the lowest
floor (including basement) for all new structures. The building official shall also maintain a
record of lowest floor elevations for alterations or additions to existing structures in the
floodplain district.
ill Notifications for watercourse alterations. The zonino administrator shall notifv. in riverine
situations. adiacent communities and the Commissioner of the Department of Natural
Resources prior to the community authorizino any alteration or relocation of a
watercourse. If the applicant has applied for a permit to work in the beds of public waters
pursuant to Minnesota Statute. Chapter 103G. this shall suffice as adeouate notice to the
Commissioner of Natural Resources. A COpy of said notification shall also be submitted to
the Chicaoo Regional Office of the Federal Emeroencv Manaoement Aoencv (FEMA).
@ Notification to FEMA when phvsical changes increase or decrease the 1 OO-vear flood
elevation. As soon as is practicable. but not later than six (6) months after the date such
supportino information becomes available. the Zonino Administrator shall notifv the
Chicaoo Reoional Office of FEMA of the chanoes bv submittino a COpy of said technical or
scientific data.
Sec. 44-1205. Variances.
(1) A variance means a change to a specific permitted development standard required in an
official control including this ordinance. This change is to allow an alternative development
standard not stated as acceptable in the official control, but only as applied to a particular
property. This is to lessen a hardship, practical difficulty or unique circumstance.
(2) In granting a variance, the city council shall clearly identify in writing the specific conditions
that existed justified the granting of the variance.
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(3) The city council may approve variances from this ordinance. To do so, the city council
makes the findings required for a variance in State law. No variance shall allow a use
prohibited in that district or permit a lower degree of flood protection then the Regulatory
Flood Protection Elevation. A person may use a variance to change permissible methods
of flood protection.
ill The followino additional variance criteria of the Federal Emerqency Manaqement Aqency
must be satisfied:
@ Variances shall not be issued by a community within any desiqnated reoulatory
f100dway if any increase in flood levels durinq the base flood discharqe would
result.
1!ll Variances shall only be issued bva community upon:
1) a showinq of qood and sufficient cause;
2) a determination that failure to orant the variance would result in exceptional
hardship to the applicant: and
3) a determination that the qrantino of a variance will not result in increased
flood heiqhts. additional threats to public safety. extraordinary public
expense. create nuisances. cause fraud on or victimization of the public. or
conflict with existino local laws or ordinances.
if} Variances shall only be issued upon a determination that the variance is the
minimum necessary. considerinq the flood hazard. to afford relief.
(5) The director shall submit by mail to the commissioner of natural resources a copy of the
application for proposed variance. The director shall mail such notice at least ten (10)
days before the hearing. The director shall send a copy of all decisions granting a
variance by mail to the commissioner of natural resources within ten (10) days of such
action.
(6) Flood insurance notice and record keeping. The director shall let the applicant for a
variance know that:
(a) The issuance of a variance to construct a structure below the base flood level will
result in increased premium rates for flood insurance up to amounts as high as $25
for $100 of insurance coverage; and
(b) Such construction below the 1 OO-year or regional flood level increases risks to life
and property. The city shall maintain such notification with a record of all variance
actions. The city shall maintain a record of all variance actions, including
justification for their issuance. The city shall also report such variances issued in
its annual or biennial report submitted to the administrator of the National Flood
Insurance Program.
Sec.44-1206. Nonconformities.
A person may continue to use a structure or premises which was lawful before the passage or
amendment of this article but is not in conformity with this article. Such use is subject to the
following conditions:
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(a) No person may expand, change, enlarge, or alter a nonconforming use in a way which
increases its nonconformity.
(b) Afl structural alteration within the inside dimensions of a nonconforming use or structure is
permissible provided it utilizes flood resistant materials so as not to result in increasino the
flood damaoe potential of that use or structure. A structural addition to a structure must be
elevated to the requlatory flood protection elevation in accordance with this ordinance.
This is allowed only if it will not result in increasing the flood damage potential of that use
or structure.
(c) The cost of all structural alterations or additions both inside and outside a structure to any
nonconforming structure over the life of the structure shall not exceed 50 percent of the
market value of the structure unless the owner has satisfied the conditions of this section.
The city must calculate the cost of all structural alterations and additions to a structure
since the adoption of the city's initial flood plain controls on July 28, 1986. The city must
calculate these costs into current costs and include all costs such as construction
materials and a reasonable cost placed on all labor. If ttie current cost of all previous and
proposed alterations and additions exceeds fifty (50) percent of the current market value of
the structure, then the structure must meet the standards of Sections 44-1200 and 44-
1201 for new structures.
(d) If any nonconforming use of a structure or land or nonconforming structure is destroyed by
any means, including floods, to an extent of fifty (50) percent or more of its market value at
the time of destruction, the owner shall not reconstruct it except in conformity with this
ordinance. The city council may issue a permit for reconstruction if the use is not in the
floodway and, upon reconstruction; the owner adequately elevates it on fill in conformity
with this ordinance.
@) If a substantial improvement occurs from any combination of a buildino addition to the
outside dimensions of the existinq buildino or a rehabilitation. reconstruction. alteration. or
other improvement to the inside dimensions of an existino nonconformino buildinq. then
the buildino addition and the existino nonconformino buildino must meet the reouirements
of section of this ordinance for new structures, dependino upon whether the
structure is in the floodway or flood frinqe. respectively.
Sec. 44-1207. Penalties for violation.
(1) A violation of the provisions of this article or failure to follow any of its requirements
(including violations of conditions and safeguards established about the granting of
variances) is a misdemeanor.
(2) In responding to an ordinance violation, the city may request that the National Flood
Insurance Program deny flood insurance to the guilty party. The city shall act in good faith
to enforce these official controls and to correct ordinance violations when possible.
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(3) When an alleged violation is discovered by or shown to the director, the director shall
investigate the situation. The director shall document the nature and extent of the alleged
violation of the official control. As soon as is possible, the city will submit this information
to the proper Department of Natural Resources' and Federal Emergency Management
Agency regional office. The city will also submit its plan of action to correct the violation to
these agencies.
(4) The director shall notify the suspected party of the pertinent requirements of this article
and all other official controls. The director shall also notify the person in question about
the nature and extent of the suspected violation of these controls. If the structure andlor
use are under construction or development, the director may order the construction or
development immediately halted. This construction or development moratorium shall be in
force until the city grants a permit or approval. If the responsible party has completed the
construction or development, then the Director may either:
(a) Issue an order identifying the corrective actions that the responsible party must
make within a specified time to bring the use or structure into compliance with the
official controls; or
(b) Notify the responsible party to apply for an after-the-fact permit/development
approval within 30-days.
(c)
If the responsible party does not appropriately respond to the director of
community development within the specified time, each additional day that lapses
is an additional ordinance violation. The city may prosecute such violations
accordingly. The director shall also, upon the lapse of the specified response time,
notify the property owner to restore the land to the condition which existed before
the violation of this article.
"."
Sec. 44-1208. Amendments.
The city shall submit all amendments to this article, including revisions to the official flood plain
zoning district map, to be approved by the Commissioner of Natural Resources before adoption.
The city shall not remove the flood plain designation on the official flood plain zoning district map
unless the owner fills the area to an elevation at or above the regulatory flood protection elevation
and is contiguous to lands outside the flood plain. Changes in the official zoning map must meet
the Federal Emergency Management Agency's technical conditions and criteria and must receive
prior Federal Emergency Management Agency approval before adoption. The commissioner of
natural resources must be given ten (10) days written notice of all hearings to consider an
amendment to this article. This notice shall include a draft of the amendment or technical study
under consideration.
Sec. 44-1209. Travel trailers and travel vehicles.
(1) Travel trailers and travel vehicles that do not meet the exemption criteria specified in
subsection (1)(a)1 of this section shall be subject to the provisions of this article. Travel
trailers and travel vehicles shall also be subject to the conditions listed in the sections
below.
(a) Exemption. A travel trailer and travel vehicles are exempt from the provisions of
this ordinance if their owner places them in any of the areas listed in subsection
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(1 )(a)2 of this section and if it meets the following criteria:
1) Have current licenses required for highway use.
2) Are highway ready meaning on wheels or have an internal jacking system
and that the owner has attached it to the site only by quick disconnect type
utilities commonly used in campgrounds and trailer parks. The travel
trailerltravel vehicle must also not have any permanent structural additions
attached to it.
3) The travel trailer or travel vehicle and associated use must be an allowed
use in the underlying zoning district.
(b) Areas exempted for placement of travellrecreational vehicles:
1) Individual lots or parcels of record.
2) Existing commercial recreational vehicle parks or campgrounds.
3) Existing condominium-type associations.
(2) Travel trailers and travel vehicles exempted in subsection (1 )(a) of this section lose this
exemption when development occurs on the parcel exceeding five hundred ($500) dollars.
This is for a structural addition to the travel trailerltravel vehicle or an accessory structure
such as a garage or storage building. The city will then consider the travel trailerltravel
vehicle and all additions and accessory structures as a new structure. The travel
trailerltravel vehicle shall then be subject to the elevation requirements and the use of land
restrictions specified in this article. There shall be no development or improvement on the
parcel or attachment to the recreation vehicle that hinders the removal of the recreational
vehicle to a flood free location should floodino occur.
(3) New commercial travel trailer or travel vehicle parks or campgrounds and new residential
type subdivisions and condominium associations and the expansion of any existing similar
use exceeding five (5) units or dwelling sites shall be subject to the following conditions:
(a) The city will allow any new or replacement travel trailer or travel vehicle in the
floodway or flood fringe districts provided the following:
1) The owner places said trailer or vehicle and its contents on fill above the
regulatory flood protection elevation following the provisions of section 44-
1201.
2) Proper elevated road access to the site exists according to sections 44-
1200 and 44-1201.
3) No fill placed in the floodway to meet the requirements of this section shall
increase the flood stages of the regional flood.
(b) As an alternative, the city may allow all new or replacement travel trailers or travel
vehicles not meeting the criteria of subsection (3)(a) of this section, if such
placement is according to the following:
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1) The applicant must submit an emergency plan for the safe evacuation of all
vehicles and people during the 1 OO-year flood. A registered engineer or
other qualified individual shall prepare said plan. Said plan shall show that
adequate time and personnel exist to carry out the evacuation.
2) All attendant sewage and water facilities for new or replacement travel
trailers or other recreational vehicles must be protected or constructed so
while flooded they are not impaired or contaminated. The installation of
such facilities shall follow the rules in section 44-1200(2)(g).
Secs.44-1210-44-1235. Reserved.
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