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Home My WebLink About2013 09-09 City Council Meeting PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 09, 2013 City Hall, Council Chambers Meeting No. 16-13 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1. Acknowledgement of Maplewood Residents Serving the Country. C. ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Before addressing the council, sign in with the City Clerk. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments.” D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of August 26, 2013 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Distinguished Budget Award to Finance Staff (No Report) 2. MnDOT I-35E MnPASS Update (No Report) 3. Review of Commission & Board Reappointment Assessments a. Resolution for Reappointment 4. Appointment to Heritage Preservation Commission a. Resolution for Appointment G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Approval of Conditional Use Permit Review – The Shores at Lake Phalen, 1870 East Shore Drive 3. Approval of Conditional Use Permit Review – Maplewood Toyota, 2873 Maplewood Drive 4. Approval for Police Department to Purchase One License Plate Reader 5. Approval of School Resource Officer Contract With School District 622 6. Approval of a Resolution for a Temporary Lawful Gambling Permit for the Good Samaritan Society-Maplewood 7. Approval of Installation of Fiber Optics on the City Hall Campus 8. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order 3 with Weber, Police Department Expansion Project - Phase 2 9. Approval of Joint Powers Agreement Renewal With Minnesota Crimes Against Children Task Force (MICAC) a. Approval of Resolution for Minnesota Crimes Against Children Task Force (MICAC) H. PUBLIC HEARINGS 1. Approval of Warehousing in Business Commercial Districts by Conditional Use Permit Ordinance– First Reading 2. Approval of Green Building Ordinance – First Reading 3. Approval of Subsurface Sewage Treatment System Ordinance – First Reading I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Approval of the Maplewood Residential Recycling Contract 2. Approval of a Resolution for a Conditional Use Permit Revision and Design Review for a Tennis Court Addition, Hill Murray School, 2625 Larpenteur Avenue a. Planning Commission Report b. Community Design Review Board Report c. Approval of a Resolution for a Conditional Use Permit Revision d. Approval of Design Review 3. Approval of Design Review and a Parking Waiver for a Research Building, 3M Company, McKnight Road and Conway Avenue a. Community Design Review Board Report b. Approval of Design Review c. Approval of Parking Waiver 4. Preliminary Approval of Proposed Tax Levy Payable in 2014 and Setting Budget Public Hearing Date K. AWARD OF BIDS None L. VISITOR PRESENTATIONS M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update 2. Notification of the First Annual Fall Clean Up Campaign 3. City Council Meetings a. Council Manager Workshop – Cancellation of the October 7, 2013 Meeting b. City Council Meeting – Change of Meeting Date Due to Veteran’s Day Holiday N. COUNCIL PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings – elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. E1 August 26, 2013 City Council Meeting Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, August 26, 2013 Council Chambers, City Hall Meeting No. 15-13 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 p.m. by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA Councilmember Cave moved to approve the agenda as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of August 5, 2013 City Council Workshop Minutes Change Approval of Agenda to reflect seconded by Mayor Rossbach. Councilmember Juenemann moved to approve the August 5, 2013 City Council Workshop Minutes as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of August 12, 2013 City Council Workshop Minutes Councilmember Juenemann moved to approve the August 12, 2013 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. Packet Page Number 1 of 260 E1 August 26, 2013 City Council Meeting Minutes 2 3. Approval of August 12, 2013 City Council Meeting Minutes Change G6 to reflect Councilmember Cave moved the motion. Change residence in N1 to residents. Councilmember Juenemann moved to approve the August 12, 2013 City Council Meeting Minutes as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Approval of August 16, 2013 Special City Council Meeting Minutes Change the time and day of the meeting to 10:00 a.m. Friday, August 16, 2013. Councilmember Juenemann moved to approve the August 16, 2013 Special City Council Meeting Minutes as amended. Seconded by Councilmember Koppen Ayes – Mayor Rossbach, Council Members Cardinal, Juenemann and Koppen Abstain – Councilmember Cave The motion passed. F. APPOINTMENTS AND PRESENTATIONS None G. CONSENT AGENDA Councilmember Juenemann had a question for agenda items G3, G10 and G11. Mayor Rossbach pulled agenda item G10 so it could be voted on separately. Mayor Rossbach moved to approve agenda items G1-G9, G11 and G12. Seconded by Councilmember Cardinal Ayes – All The motion passed. 1. Approval of Claims Mayor Rossbach moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 191,304.34 Checks # 90455 thru # 90489 dated 08/02/13 thru 08/15/13 $ 428,064.07 Disbursements via debits to checking account dated 08/05/13 thru 08/09/13 Packet Page Number 2 of 260 E1 August 26, 2013 City Council Meeting Minutes 3 $ 1,751,889.04 Checks # 90493 thru # 90544 dated 08/16/13 thru 08/20/13 $ 320,095.14 Disbursements via debits to checking account dated 08/12/13 thru 08/16/13 $ 2,691,352.59 Total Accounts Payable PAYROLL $ 522,341.08 Payroll Checks and Direct Deposits dated 08/16/13 $ 1,687.50 Payroll Deduction check # 9989499 thru # 9989501 dated 08/16/13 $ 524,028.58 Total Payroll $ 3,215,381.17 GRAND TOTAL Seconded by Councilmember Cardinal Ayes – All The motion passed. 2. Approval of Grant for Turf Overflow Parking Lot at Prairie Farm Mayor Rossbach moved to approve acceptance of a grant from RWMWD for an overflow turf parking lot at Prairie Farm Neighborhood Preserve. Seconded by Councilmember Cardinal Ayes – All The motion passed. 3. Approval to Solicit RFP’s for an Intoxicating Liquor Provider at the Maplewood Community Center Recreation Program Supervisor Robbins answered questions of the council. Mayor Rossbach moved to approve the request for proposal for intoxicating liquor providers at the Maplewood Community Center and final selection at the October 14 City Council meeting. Seconded by Councilmember Cardinal Ayes – All The motion passed. 4. Approval to Solicit RFP’s for Catering Services at the Maplewood Community Center Recreation Program Supervisor Robbins answered questions of the council. Mayor Rossbach moved to approve the request for proposal for catering providers at the Packet Page Number 3 of 260 E1 August 26, 2013 City Council Meeting Minutes 4 Maplewood Community Center and final selection at the November 25 City Council meeting. Seconded by Councilmember Cardinal Ayes – All The motion passed. 5. Approval for Police Department Text Tip/Tip411 Subscription Mayor Rossbach moved to approve the Police Department entering into a two-year subscription with Citizen Observer, LLC, for Text Tip/Tip411 and authorize the Finance Director to make the necessary budget adjustments. Seconded by Councilmember Cardinal Ayes – All The motion passed. 6. Approval for Police Department Vehicle Purchase Mayor Rossbach moved to approve the purchase of a 2014 Ford Explorer from Cornerstone Auto Resource with the purchase price of $29,857 using 2012 budget carryover funds and authorized the Finance Director to make the necessary budget adjustments. Seconded by Councilmember Cardinal Ayes – All The motion passed. 7. Approval to Receive Quotes and Award Construction Contract, Area #20 & #21, July 16th Storm Clean-up, City Project 11-19 Mayor Rossbach moved to approve the quote from Urban Companies, LLC and award the construction contract in the amount of $56,200.00 and authorize the Finance Director to make the necessary transfers and budget adjustments. Seconded by Councilmember Cardinal Ayes – All The motion passed. 8. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order with Weber, Inc., Police Department Expansion Project – Phase 2 Mayor Rossbach moved to approve the Resolution Directing Modification of Existing Construction Contract, Change Order No. 2, for the Police Department Expansion Project – Phase 2. RESOLUTION 13-8-961 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT POLICE DEPARTMENT EXPANSION PROJECT - PHASE 2, CHANGE ORDER NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Police Department Expansion Project – Phase 2, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and Packet Page Number 4 of 260 E1 August 26, 2013 City Council Meeting Minutes 5 WHEREAS, it is now necessary and expedient that said contract be modified and designated as Police Department Expansion Project – Phase 2, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor is hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an increase of $8,523.12. The revised contract amount is $371,176.85. Seconded by Councilmember Cardinal Ayes – All The motion passed. 9. Approval to Increase the Project Budget for Document Scanning with Mid-America Business Systems Mayor Rossbach moved to approve to increase the project budget for document scanning with Mid-America Business Systems from $60,000 to $78,000. Seconded by Councilmember Cardinal Ayes – All The motion passed. 10. Approval of a Grant Submittal for Recycling Carts Through the Ramsey County Public Entity Reduction and Recycling Program Environmental Planner Finwall addressed and answered questions of the council. Mayor Rossbach moved to approve a grant submittal to the Ramsey County Public Entity Reduction and Recycling Program in the amount of $100,000. The full grant submittal application will be forwarded to Ramsey County on September 3, 2013, for their review. Seconded by Councilmember Juenemann Ayes – All The motion passed. 11. Approval of a Conditional Use Permit Review – Keller Golf Course, 2166 Maplewood Drive Senior Planner Ekstrand and Assistant City Engineer Love answered questions of the council. Mayor Rossbach moved to approve to review the conditional use permit for Keller Golf Course at 2166 Maplewood Drive again in one year or sooner if the owner proposes a major change. Seconded by Councilmember Cardinal Ayes – All The motion passed. 12. Approval of a Temporary Amusement Rides Permit for the Ramsey County Sheriff’s Office’s “Fright Farm” – Ramsey County Fairgrounds, 2020 White Bear Packet Page Number 5 of 260 E1 August 26, 2013 City Council Meeting Minutes 6 Avenue Mayor Rossbach moved to approve the Temporary Amusement Rides Permit for the Ramsey County Sheriff’s Office’s “Fright Farm” located at the Ramsey County Fairgrounds, 2020 White Bear Avenue. Seconded by Councilmember Cardinal Ayes – All The motion passed. H. PUBLIC HEARING None I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Beebe Road Street Improvements, City Project 13-10, Approval of Resolution Ordering Preparation of Feasibility Study Assistant City Engineer Love gave the staff report and answered questions of council. Councilmember Cardinal moved to approve the resolution ordering the preparation of the feasibility study for the Beebe Road Street Improvements, City Project 13-10 and establish a project budget of $60,000. RESOLUTION 13-8-962 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Beebe Road Street Improvement, City Project 13-10 and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $60,000 are appropriated to prepare this feasibility report. Approved this 26th day of August 2013 Seconded by Councilmember Juenemann Ayes – All Packet Page Number 6 of 260 E1 August 26, 2013 City Council Meeting Minutes 7 The motion passed. 2. Approval of First Reading of an Ordinance Amending the Xcel Energy Franchise Fee and Waive Second Reading City Attorney Kantrud gave the staff report and answered questions of the council. Jake Sedlacek, from Xcel Energy was present, addressed and answered questions of the council. Councilmember Juenemann moved to approve the first reading of Xcel Energy Franchise Fee Ordinance and Waive the Second Reading. ORDINANCE 931 AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MAPLEWOOD. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN: SECTION 1. The City of Maplewood Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Maplewood City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Maplewood. (a) Pursuant to City Ordinance, a Franchise Agreement between the City of Maplewood and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy December, 2013 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of Packet Page Number 7 of 260 E1 August 26, 2013 City Council Meeting Minutes 8 billing for energy used at all similar premises in the city will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9 of the Franchise. Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow Company to add a surcharge to customer rates of city residents to reimburse Company for the cost of the fee. Subdivision 5. Record Support for Payment. Xcel Energy shall make each payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided above. Passed and approved August 26, 2013. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Denial of a Land Use Plan Amendment and Rezoning Request for Tyrus Land Company, St. Clair Hills, Carver Avenue and Sterling Street Senior Planner Ekstrand gave the staff report and answered questions of the council. Jamie Jensen, of Tyrus Land Company was present and addressed the council to give additional information about the development of St. Clair Hills, Carver Avenue and Sterling Street. Mayor Rossbach moved to: 1. Adopt the findings as provided by staff as council written findings as part of the decision being made and staff communicate those findings to the applicant in writing by certified mail. 2. Deny the requested land use plan amendment from R/LDR (rural/low density residential) to LDR (low density residential) for a single-dwelling development proposal located at the southeasterly corner of Sterling Street and Carver Avenue. This recommendation for denial is based on the following reasons: a. The city council guided the subject properties as R/LDR on January 25, 2010 with the intention of limiting development impact and housing density in order to preserve and enhance the ecological and aesthetic character of the property. Packet Page Number 8 of 260 E1 August 26, 2013 City Council Meeting Minutes 9 b. Nothing has changed in the neighborhood or on these properties which would warrant changing their land use designation to a higher density. c. Reclassifying the subject properties to LDR, a higher density, would create an inconsistency between these parcels and the surrounding acreage which is also guided R/LDR in the comprehensive plan like the subject properties. d. A guiding principle of the land use plan is that “whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man-made or natural barriers.” A change to the land use plan to a higher density would be contrary to this objective. 3. Deny the requested rezoning from R1R (rural conservation dwelling district) to R1 (single dwelling) for the development proposal located at the southeasterly corner of Sterling Street and Carver Avenue. This recommendation for denial is based on the following reasons: a. The city council zoned the subject properties as R1R (rural conservation dwelling district) with the intention of limiting development impact and housing density in order to preserve and enhance the ecological and aesthetic character of the property. Rezoning this land to R1 (single dwelling residential) would be contrary to that goal and eliminate the intended environmental controls. b. Nothing has changed in the neighborhood or on these properties which would warrant rezoning this property to allow a higher density. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Approval of a Resolution for a Conditional Use Permit Revision for a Parking Lot Expansion, Bruentrup Heritage Farm, 2170 County Road D Senior Planner Ekstrand gave the staff report and answered questions of the council. Bob Jensen, President of the Maplewood Area Historical Society was present and addressed the council to give additional information about the reinforced-turf parking lot expansion. Councilmember Juenemann moved to approve the conditional use permit revision resolution for the Bruentrup Farm, located at 2170 County Road D East, to allow the addition of a 24-stall reinforced turf parking lot for overflow parking. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined): 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before the city issues a building permit, the city engineer shall complete the necessary grading, drainage, utility and erosion control plans. 3. The applicant or contractor shall complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Install reflectorized stop signs at all exits, a handicap-parking sign for each handicap- parking space and an address on the building. Packet Page Number 9 of 260 E1 August 26, 2013 City Council Meeting Minutes 10 c. Construct a trash dumpster enclosure for any outside trash containers. The enclosures must be 100 percent opaque, match the color of the buildings and have a closeable gate that extends to the ground. If the trash container is not visible to the public it does not have to be screened. d. Install site-security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so the light source in not visible and so it does not cause any nuisance to drivers or neighbors. 4. If any required work is not done, the city may allow temporary occupancy if the city determines that the work is not essential to the public health, safety or welfare. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. Update the January 2008 Bruentrup Heritage Farm Master Plan to include correct site size, site conditions, parking references, and purpose and intent of uses including any large non-historical fundraising events. 7. When the parking lot located east of the site cannot accommodate parking for an event (i.e., events where there are more than 84 people based on 4 people per vehicle in the 21 space parking lot located to the east of the site) the society must supply off-site parking to accommodate the events. 8. Off-site parking at Salvation Army (78 parking spaces at 2080 Woodlyn Avenue): a. The society must supply the city with a signed parking agreement between the society and the owners of the Salvation Army for the use of the parking lot. b. Transportation of guests in a wagon pulled by a tractor to and from the Salvation Army parking lot (Woodlyn Avenue) on a trail through the Prairie Farm Neighborhood Preserve is only allowed during daytime hours. c. The society must ensure safe pedestrian crossing at the intersection of Woodlyn Avenue and Ariel Street for visitors parking in the Salvation Army parking lot. Safe pedestrian crossing can involve temporary signs or crossing guards. 9. Off-site parking at Harbor Pointe (278 parking spaces at 2079 to 2127 County Road D): a. The society must supply the city with a signed parking agreement between the society and the owners of Harbor Pointe which allows the use of this parking lot. b. The society must ensure safe pedestrian crossing at the intersection of County Road D and Ariel Street for visitors parking in the Harbor Pointe parking lot. Safe pedestrian crossing can involve temporary signs or crossing guards. 10. Any large scale music proposed for any event on the site (such as DJs and bands) should be limited to inside the barn. 11. Use of the farm must comply with the city’s noise ordinance which requires that no disturbing noises be generated before 7 a.m. and after 7 p.m. Packet Page Number 10 of 260 E1 August 26, 2013 City Council Meeting Minutes 11 12. The society will work with Maplewood city staff to coordinate the management of the oak savanna located west of the entry drive within the Bruentrup Heritage Farm site with the intent of continuing to manage that portion of the site as oak savanna. 13. The barn must be posted with a maximum occupancy of 290 people. Conditions Which Apply to the Subleasing of the Site by the Society for Large Non-Historical Fundraising Events: 14. Subleased large non-historical fundraising events are allowed six times per year. 15. Subleased large non-historical fundraising events are allowed from 10 a.m. to 10 p.m. 16. Parking for subleased large non-historical fundraising events in which alcohol will be served is limited to the parking lot on the east side of the site and the Harbor Pointe parking lot located about a block west of the site on the north side of County Road D. 17. Maximum number of occupants allowed on site for large non-historical fundraising events in which alcohol will be served is limited to 290 people. 18. Appropriate liquor licenses must be obtained prior to serving alcohol on the site. 19. The society must obtain the appropriate liability coverage for large non-historical fundraising events which holds the city harmless. 20. A rental agreement must be approved by the city which dictates hours of use, maximum number of people, location of parking, etc. Conditions Relative to the Proposed Reinforced-Turf Parking Plan: 21. The site and landscaping plan dated July 17, 2013, showing the proposed turf parking plan is approved. 22. Minor revisions may be approved by staff. 23. Construction shall begin on the proposed turf parking lot within one year or this approval shall end. The city council may extend this approval for one additional year. 24. The city engineer, police chief and fire chief shall review the plans, as required by ordinance, before construction on the turf parking lot can begin. 25. Screening must be provided, as proposed, to buffer the proposed parking lot from the neighbor to the east. This screening shall be completed before the parking lot may be used, unless the applicant provides escrow to guarantee its completion. Escrow shall be, as is typically required, in the amount of 150 percent of the cost of installing the landscaping. RESOLUTION 13-8-963 PLANNED UNIT DEVELOPMENT REVISION RESOLUTION WHEREAS, the Maplewood Area Historical Society has applied for a conditional use permit revision to construct a 22-stall reinforced-turf parking lot at the Bruentrup Farm. Packet Page Number 11 of 260 E1 August 26, 2013 City Council Meeting Minutes 12 WHEREAS, Section 44-17, the off-street parking ordinance requires city council approval of turf parking lots. WHEREAS, Section 44-1092(1) of the city code requires a conditional use permit for public building uses. WHEREAS, this permit applies to the property located at 2170 County Road D East. The property identification numbers for this property is: 022922110009 WHEREAS, the history of this conditional use permit revision is as follows: 1. On August 20, 2013, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On August 26, 2013, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Packet Page Number 12 of 260 E1 August 26, 2013 City Council Meeting Minutes 13 NOW, THEREFORE, BE IT RESOLVED that the city council also determines that the above-described conditional use permit for a reinforced-turn parking lot meets the following criteria: 1. When the need for overflow parking is infrequent or limited to occasional parking events. 2. Where there is already hard-surfaced parking that provides for handicap-accessible parking needs. 3. Where the turf parking lot would meet setback and screening requirements. 4. Where the parking need is seasonal (non winter) so snow plowing is not needed. 5. Where there would be an environmental benefit due to storm water management or meeting shoreland/wetland/flood plain ordinance impact needs. 6. Where the turf-parking plan meets the approval of the city engineer from the standpoint of using proven construction materials engineered for durability and aesthetics. 7. Where the turf-parking plan meets the approval of the police and fire chief from the standpoint of meeting public safety requirements. Approval is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before the city issues a building permit, the city engineer shall complete the necessary grading, drainage, utility and erosion control plans. 3. The applicant or contractor shall complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Install reflectorized stop signs at all exits, a handicap-parking sign for each handicap-parking space and an address on the building. c. Construct a trash dumpster enclosure for any outside trash containers. The enclosures must be 100 percent opaque, match the color of the buildings and have a closeable gate that extends to the ground. If the trash container is not visible to the public it does not have to be screened. d. Install site-security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so the light source in not visible and so it does not cause any nuisance to drivers or neighbors. 4. If any required work is not done, the city may allow temporary occupancy if the city determines that the work is not essential to the public health, safety or welfare. Packet Page Number 13 of 260 E1 August 26, 2013 City Council Meeting Minutes 14 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. Update the January 2008 Bruentrup Heritage Farm Master Plan to include correct site size, site conditions, parking references, and purpose and intent of uses including any large non-historical fundraising events. 7. When the parking lot located east of the site cannot accommodate parking for an event (i.e., events where there are more than 84 people based on 4 people per vehicle in the 21 space parking lot located to the east of the site) the society must supply off-site parking to accommodate the events. 8. Off-site parking at Salvation Army (78 parking spaces at 2080 Woodlyn Avenue): a. The society must supply the city with a signed parking agreement between the society and the owners of the Salvation Army for the use of the parking lot. b. Transportation of guests in a wagon pulled by a tractor to and from the Salvation Army parking lot (Woodlyn Avenue) on a trail through the Prairie Farm Neighborhood Preserve is only allowed during daytime hours. c. The society must ensure safe pedestrian crossing at the intersection of Woodlyn Avenue and Ariel Street for visitors parking in the Salvation Army parking lot. Safe pedestrian crossing can involve temporary signs or crossing guards. 9. Off-site parking at Harbor Pointe (278 parking spaces at 2079 to 2127 County Road D): a. The society must supply the city with a signed parking agreement between the society and the owners of Harbor Pointe which allows the use of this parking lot. b. The society must ensure safe pedestrian crossing at the intersection of County Road D and Ariel Street for visitors parking in the Harbor Pointe parking lot. Safe pedestrian crossing can involve temporary signs or crossing guards. 10. Any large scale music proposed for any event on the site (such as DJs and bands) should be limited to inside the barn. 11. Use of the farm must comply with the city’s noise ordinance which requires that no disturbing noises be generated before 7 a.m. and after 7 p.m. 12. The society will work with Maplewood city staff to coordinate the management of the oak savanna located west of the entry drive within the Bruentrup Heritage Farm site with the intent of continuing to manage that portion of the site as oak savanna. 13. The barn must be posted with a maximum occupancy of 290 people. Conditions Which Apply to the Subleasing of the Site by the Society for Large Non-Historical Fundraising Events: 14. Subleased large non-historical fundraising events are allowed six times per year. Packet Page Number 14 of 260 E1 August 26, 2013 City Council Meeting Minutes 15 15. Subleased large non-historical fundraising events are allowed from 10 a.m. to 10 p.m. 16. Parking for subleased large non-historical fundraising events in which alcohol will be served is limited to the parking lot on the east side of the site and the Harbor Pointe parking lot located about a block west of the site on the north side of County Road D. 17. Maximum number of occupants allowed on site for large non-historical fundraising events in which alcohol will be served is limited to 290 people. 18. Appropriate liquor licenses must be obtained prior to serving alcohol on the site. 19. The society must obtain the appropriate liability coverage for large non-historical fundraising events which holds the city harmless. 20. A rental agreement must be approved by the city which dictates hours of use, maximum number of people, location of parking, etc. Conditions Relative to the Proposed Reinforced-Turf Parking Plan: 21. The site and landscaping plan dated July 17, 2013, showing the proposed turf parking plan is approved. 22. Minor revisions may be approved by staff. 23. Construction shall begin on the proposed turf parking lot within one year or this approval shall end. The city council may extend this approval for one additional year. 24. The city engineer, police chief and fire chief shall review the plans, as required by ordinance, before construction on the turf parking lot can begin. Seconded by Councilmember Koppen Ayes – All The motion passed. K. AWARD OF BIDS 1. East Metro Public Safety Training Center, City Project 09-09, Approval of Resolution Receiving Bids and Awarding of Contract for Bid Package 5 (Burn Building and Burn Tower) Assistant City Engineer Love gave the staff report. Fire Chief Lukin answered questions of the council. Councilmember Cardinal moved to approve the Resolution for the East Metro Public Safety Training Center, City Project 09-09, receiving Bids and Awarding a Contract to Weber Construction for Base Bid (Burn Building) and Alternate 1 (4-Story Tower) for Bid Package 5. RESOLUTION 13-8-964 RECEIVING BIDS AND AWARDING CONTRACT Packet Page Number 15 of 260 E1 August 26, 2013 City Council Meeting Minutes 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Weber, Inc. in the amount of $1,518,000.00, is the lowest responsible bid for construction of the Base Bid (burn building) and Alternate 1 (4-story burn tower) for the East Metro Public Safety Training Center: Bid Package 5 – City Project 09-09, and the mayor and city manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by council. Adopted by the council on this 26th day of August, 2013. Seconded by Councilmember Juenemann Ayes – All The motion passed. L. VISITOR PRESENTATION None M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update Assistant City Manager Coleman gave the council calendar update. 2. Commission, Board and Volunteer Event Announcement (No Report) Citizen Service Director Guilfoile gave an update to the Commission, Board and Volunteer Appreciation Event that will be held at the Maplewood Community Center on Thursday, September 26th. Citizen Services Director Guilfoile updated the council regarding the Highway 36/English Street interchange grand opening event that will be held on Friday, August 30th at 9:00 a.m. at the west end of the Menards parking lot. N. COUNCIL PRESENTATIONS None O. ADJOURNMENT Mayor Rossbach adjourned the meeting at 8:27 p.m. Packet Page Number 16 of 260 F3 MEMORANDUM TO: City Council FROM: Charles Ahl, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant DATE: September 4, 2013 SUBJECT: Review of Commission & Board Reappointment Assessments a. Resolution for Reappointment Introduction The City Council will review the list of commissioner’s whose terms are to expire either on September 30th or December 31st of this year. The commissioners we asked to fill out an assessment to evaluate their time on the commission and to provide input to the council. Background This is the first time the Council will be reviewing reappointments with this new process. The assessments are to take the place of reappointment interviews and provide an avenue of communication between commissioners and the Council. There are 11 terms that are ending in the next few months. Out of the 11 commissioners, 2 chose not to seek reappointment, one on the Environmental & Natural Resources Commission and one on the Planning Commission. These positions will be posted as vacant to be filled at a later date. Bill Kempe on the Planning Commission was originally appointed in February of this year. Because he was so recently appointed and has indicated that he would like to continue to serve, staff will recommend his reappointment without reviewing an assessment. The following commissioners are seeking reappointment: Heritage Preservation Commission: Richard Currie, member since 7/26/2004, term expires 4/30/2013 Attendance: Has not missed any meetings Environmental & Natural Resources Commission Ginny Yingling, member since 11/30/2006, term expires 9/30/2013 Attendance: (2011) 9/11 (2012) 10/11 (2013) 5/7 Ann Palzer, member since 7/25/2011, term expires 9/30/2013 Attendance: (2011) 5/5 (2012) 10/11 (2013) 6/7 Housing & Economic Development Commission Jennifer Lewis, member since 4/25/2011, term expires 9/30/2013 Attendance: (2011) 2/3 (2012) 4/7 (2013) 3/4 Joy Tkachuck, member since 9/25/2006, term expires 9/30/2013 Attendance: (2010) 5/7 (2011) 2/2 (2012) 3/3 (2013) 3/4 Packet Page Number 17 of 260 F3 Background (continued) Mark Jenkins, member since 1/25/2010, term expires 9/30/2013 Attendance: (2010) 6/7 (2011) 5/6 (2012)7/7 (2013) 4/4 Police Civil Service Commission Debra Birkholz, member since 12/13/2010, term expires 12/31/2013 Attendance: (2011) 4/4 (2012) 2/2 (2013) 4/4 Planning Commission Tushar Desai, member since 7/22/2002, term expires 12/31/2013 Attendance: (2010) 17/20 (2011) 12/15 (2012) 9/12 (2013) 6/10 Bill Kempe, Member Since 2/11/2013, term expires 12/31/2013 Budget Impact None. Recommendation Staff recommends that the Council review the attached assessments for reappointment, and then approve the attached resolution for reappointment. Attachments 1. Resolution for Reappointment 2. Reappointment Assessments in order listed above. Packet Page Number 18 of 260 F3 Attachment 1 RESOLUTION NO. ______ BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to serve on the following commissions: Heritage Preservation Commission: Richard Currie, term expires 4/30/2016 Environmental & Natural Resources Commission Ginny Yingling, term expires 9/30/2016 Ann Palzer, term expires 9/30/2016 Housing & Economic Development Commission Jennifer Lewis, term expires 9/30/2016 Joy Tkachuck, term expires 9/30/2016 Mark Jenkins, term expires 9/30/2016 Police Civil Service Commission Debra Birkholz, term expires 12/31/2016 Planning Commission Tushar Desai, term expires 12/31/2016 Bill Kempe, term expires 12/31/2016 Packet Page Number 19 of 260 ntrTlent (Pleose print or type clearly) Commission: Would you like to be reap-pointed?-X-Yes (Cわ θε々0月り If Yes, why? Tg*rgf :7 a,^nk t y'* -,k HOW dO YOu fee:YOu contribute to the Cornrnission?__ィ :14}― 」Lと壁ム_=ゴ生國ツ臼卑勁と豊――Z乙塑負ビテ7 What successes do you feel have the Commission has had during your term? Any suggestions to help the Commission function more efficiently? 0 or.r r->a ul{- (i.e. new topics or projects to explore, processes to consider, etc.) **rryou w。 “ rdprerer tO reray yOur respο nses verbarry tO tte aty cOunc′ι ρrease cO"tact tte City Ma″age/s Orice at 651-249‐2051 3o sめ ed“re a timeオ*Rθ :υ m t力 is■)rm tOf Cた y Manager′s Ofnce 1830 County Road B.East Maplewood′MN 55109 〆崎 ′的J22,3 What are some bigger issues/proiects the Commission will be facing in the next 5 months? Any other comments for the City Council regarding your reappointment or the commission? No F3 Attachment 2 Packet Page Number 20 of 260 鶴 AU6 0 9 2013Map!ewood Commission Name: Commission: Would you like to be reappointed?左Yes No (α 〕eC々Oη り (Please print or type clearly) lf Yes, why? How do you feel you What successes do you feel have the Commission has had during your term? A名なヽ■e[粗 l癬漑淋愧嬬 ω趾ゝ¨しし妥よ掛椰ギ齢|:胤帯e需逸・・い面 erfLV- ies uz S rn +\^eC,\ 撮 ⑮こd唖も What are some bigger issues/p じい幅にC 'Q-Q- [a*n>. AnY Other cornrnents forthe City Counci:regarding your reappointm91t or the cornrnissipn? (i.e. new topics or projects to explore, processes to consider, etQ I 絆rryOu wο “ rdρ rerer to re′αソyour respο "ses verbarry tOめ e city Co“ "c′ みρreαse cOntactめe City Mα "age/sq「ce at 651-249-2051 tO sめ edure a time*オ Return t力な/Orm tο i City Manager′s Office 1830 County Road B.East Maplewood′MN 55109 , F3 Attachment 2 Packet Page Number 21 of 260 {rclvd g96 n r ?0fl (Please print or type cleorly) 晰 …心叫會励疑鰍蝋:繁亀蝿皿虚AnY Suggestions to he:p the CommissiOn functl A/1^ Name:笏′多aだ Commission:l\.<-frzt Would you like to be reappointed?Kv"t -No (Check One) :f Yett whv?二 TS%A/* trwl lrrB 『製野村崚数Ⅲ∵Stoh/e- t bn' what successes do you feet have the commission has had during your term? l^ [^o* Liv*-" 17% UL r,nogt Any other comments for the City Council regarding your reappointment or the commission? (i.e. new topics or projects to explore, processes to consider, etc.) flu,U' covvrviEgio,^ **lf you would prefer to relay your responses verbolly to the City Council, pleose contact the City Manogels Office ot 657-249-205t to schedule o time** Return this form to: City Manager's Office 1830 County Road B. East Maplewood, MN 55109 How do ygu feel you contribute to the Commission? What are some bigger issues/proiects the Commission wilt be facing in the next 6 months? 6llze-1,y, F3 Attachment 2 Packet Page Number 22 of 260 Maplewood Commission (Please print or type cleorly) @ AtlG 0I t$$ Name: len nifer Lewis Date: August 9,2013 Commission: Housing and Economic Development Comission Would you like to be reappointed? X Yes _ No (Check One) lf Yes, why? Beinq a part of the Commission has been a valuable exoerience, and I would like to continue to work on the goals we have identified and see them through to completion. How do you feel you contribute to the Commission? I believe I can bring a strong oerspective from being a businessperson in the communitv. What successes do you feel have the Commission has had during your term? I believe we have been successful in beins able to identifu the functions of the Commission, which has allowed us to dev Any sugtestions to help the Commission function more efficiently? What are some bigger issues/projects the Commission will be facing in the next 6 months? The Economic Development of the Citv of Maplewood is going to onlv become more important. Being able to present Maplewood as a place to bring vour new business will allow our communitv to continue to thrive. Any other comments for the City Council regarding your reappointment or the commission? (i.e. new topics or projects to explore, processes to consider, etc.) **lf you would prefer to relay your responses verbolly to the City Council, pleose contad the City Manoge,/s Office ot 657-249-2057 to schedule o time** city Manage/s office 1830 County Road B. East Maplewood, MN 55109 Return this form to: F3 Attachment 2 Packet Page Number 23 of 260 響可 AuG 0I t$$Maplewood Commission (Pleose print or type cleorly) Name: Jov Tkachuck Date: 8/8/2013 Commission: Housing&Economic Development CommisJon Wou:d vou:ike to be reappointed? XX Yes No (Check One) r Yesj whv?Serve 2 terms on HouJng Redeve:opment Autho∥tv and will b∥ng that expenence to the newiv combined HRA and BEDC commisJons=HouJng&Economic Development Commission How do you feel you contribute to the Commission? Currently the membership compostion ofthe Houslng&Economic Development CommisJon is more weighted towards the BuJness Development Jde Mv cont∥buJonも to bnng houJng development,oppOrtunties andも su es to the HEDC meetings To be the voice ofthe neighborhood residents when economic deveiopment isimpacting{pOsltivelv or negat市忙v)their neighborhood or communltv VVhat successes do vou fee:have the Commission has had during yourterm? Review Map:ewood Housing codes,suRgested programs that orovided fund to restore run―down or repossessed homes Reviewed the metrics for housing code enforcementissues with citv staff There's more but didn′t get a chance to pu∥rnv rneeting notes due to the timeframe for me to resubmtt thも reappointment form Any suggestions to heip the Commission function more ettcient:v?None vet Jnce rm new tO thお newlv formed Commも Jon What are some biggerissues/prOiectS the Commission w∥!be facing in the next 6 months? Reviewing the proposaito bui:d affordab!e housing on the Maplewood Bowlsite in the Gladstone neighborhood The neighborhood needs their voice heard l was on the Gladstone Taskforce when the Gladstone master p!an was developed and:forthe housing prolect to be successful the Gladstone neighborhood needs to be involved Anv other comments forthe City Counci:regarding your reappointment orthe commission? rr e rlew toρ ′cs O′ρraJects tο exp′οre7 ρrOcesses FO εOns′deち etc,Suggestion-3∥ng backthe bus tourthat high:ighted al!the act市 ■ies were taking placein Maplewood lt was a chance to meet and talk wth other CommLsioners,Ctv Council Members and ctv staff Great wav to cross pollen ideas and come up to speed on what other Commisslons had done or were working on 絆fryo・ w・・rdρ rerer to reray yOυ ′respo,s“verbarry tOめ e αty Coυ ″c′ι ρrease cο "radめeσ″Mα "α ge/sO"i∝at 651‐2492051 tO schedure a tFmef十 Retυ rn t力 `r● ″η tο i City Manager's Office 1830 County Road B East Maplewood,MN 55109 F3 Attachment 2 Packet Page Number 24 of 260 御嗜 AIlo o 0 2015 (Pleose print or type cleorly) Name: Commission: Would you like to be (ahec々οηり lf Yes, why? How do you feel you contribute to the Commission? 缶乙 What successes do you feel have the Commission has had during your term? :≦ “ 宅多ぅ /_〃 will be facing in next 6 months? じめサー to help the Commission function moreq [-eq, t', t ″″ 葬ルメ )筋もЙご`What some bigger issues/the ι,Any other comments for the City Council regarding your reappointment or the co (i.e. new topics or projects to explore, processes to consider, etd (-ztuCl -''v i e|4-")"こ f∫ ″ Retυ rll t力 lsrOrm tο , city Manager′s Office 1830 County Road B East Maplewood,MN 55109 ・オfryo“wo・rdprerer tO″Jay y● “ ′′esρ ο″seS Verb●Jry tOめ e αty C●″,c′みρたase cο ″tactめe City Mα ″age庵 OFice at 651 2492051 to sめ edure α,′me十 ■ RECEIVED AU6 o 5 2043 clTY OF MAPLEVVⅢ、´ Map:ewood Commission ReappOintment Assessment F3 Attachment 2 Packet Page Number 25 of 260 ←:哺 AUG 1 I 10sMap!ewood Commission Reappointment Assessment rP′θαse ρ″nt or type c′θαrryJ ヽヽ・cヒぃ。、zName: ｀しヽ′ commission: 'X- t.-.- U.i.\ a--<{' .-t-r \-.--\..;{. o,-, Would vou!ike to be reappointed? XYes ___No (ClheC々Ond !f Yes, why?ヽう一ミ・―ンーもヽ、_ミふ.し _へしへ、、しも、―らだ。ヽ、、_・ How do you fee! you contribute to the Commission? a Lz .', *-< s1q-.-* -,\ r a'. Sq _斗ド、ゝ」■じヽV‐しじ｀く、ヽ 4´ι″ヽい一 Anv suggestiOns to help the Commission function more efficient:v? ヽ、し、ゃcr″ ヽしキ。√し、_パ ,、ど、_ご k、ヽしぃよ“、ヽミ.ィ ^じ `ftゴ What successes do you feel have the Commission has had during your term? -[ t^ - r,- sq, t 暇 IT螂 lT躍富冨雨劇m酬腱ねdtt h tte耐 6mm訥ゞ_o_「―し―イヽさ:。ししい、ごダこ ´代 ^ヽしこ ― ゼーゞもr ―ヾ._ヽ一aミ、ヽヽゝし、―一、―scしゞ「じコヽЦ キ、三じざ^～ふズし。こへもく 0イ ^∝ rg Any other comments for the City Counci! regarding your reappointment or the commission? (i.e. new topics or projects to explore, processes to consider, etc.) ■でOt、ヽし t_■濾,く cOヽし **lf you would prefer to reloy your responses verbally to the City Council, please contact the City Monogey's Oflice ot 657-249-2057 to schedule a time** City Manager's Office 1830 County Road B. East Maplewood, MN 55109 ゝ Return this form to: ~ ■ 、 F3 Attachment 2 Packet Page Number 26 of 260 .@,,6' AUG 19 ?015 ointment Assessment (Please print or type cleorly) Name:Tushar Desai Date:8-19-13 Commission: Planning Commission Would you like to be reappointed? _X_ Yes _ No (Check One) lf Yes, why? Wish to continue to serve the city that I reside in How do you feel you contribute to the Commission? I have been a member of the planning commission for the last twelve years. Over that period, my education in planning and zoning regulations plus my engineering background will continue to provide the guidance to the rest of the commission members as well as the city council members. What successes do you feel have the Commission has had during your term? During this time frame, large projects like Legacy village were implemented. All the zoning maps were upgraded. Planning commission was instrumental in voicing objections to develop southern boundary of the city that houses natural land that needs to be preserved. Any suggestions to help the Commission function more efficiently? Since there are limited projects coming up for review, we tend to schedule meetings when they need our attention. I would prefer to see that either first or third Tuesday is set for our meetings. lt would help members plan their affairs. We also have a lot of new members. Sessions should be offered when there aren't agenda items to cover to get them educated. What are some bigger issues/projects the Commission will be facing in the next 6 months? Maplewood has very limited open space left. We are likely to face requests from existing owners to make changes to their property that we will have to see if they can be accomplished with in the regulations established for all to follow. Any other comments for the City Council regarding your reappointment or the commission? (i.e. new topics or projects to explore, processes to consideL etc.) Already noted in the suggestions section. **lf you would prefer to reloy your responses verbolly to the City council, pleose contod the City Manoge/s Ofiice at 657-249-2057 to schedule o time** City Manager's Office 1830 County Road B. East Maplewood, MN 55109 Return this form to: F3 Attachment 2 Packet Page Number 27 of 260 F4 MEMORANDUM TO: City Council FROM: Charles Ahl, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant DATE: September 4, 2013 SUBJECT: Appointment to Heritage Preservation Commission a. Resolution for Appointment Introduction/Background There is one openings on the Heritage Preservation Commission. This opening is due to an expired term. The City has advertised and accepted applications from interested individuals. The City Council then interviewed the candidate for this commission and filled out ballots during the Workshop prior to this meeting, which staff has tallied. Budget Impact None. Recommendation Staff recommends the City Council approve the attached resolution to appoint candidates to the commissions indicated. Heritage Preservation Commission - Frank Gilbertson, term expires 4/30/2016 Attachments 1. Resolution for Appointment Packet Page Number 28 of 260 F4 Attachment 1 RESOLUTION NO. ______ BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Heritage Preservation Commission - Frank Gilbertson, term expires 4/30/2016 Packet Page Number 29 of 260 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 30 of 260 TO:Chuck Ahl, City Manager FROM:Gayle Bauman, Finance Director DATE: SUBJECT:Approval of Claims 628,439.45$ Checks # 90545 thru # 90590 dated 08/16/13 thru 08/27/13 413,288.98$ Disbursements via debits to checking account dated 08/19/13 thru 08/23/13 1,551,826.11$ Checks # 90591 thru # 90636 dated 09/03/13 260,148.07$ Disbursements via debits to checking account dated 08/26/13 thru 08/30/13 2,853,702.61$ Total Accounts Payable 527,831.26$ Payroll Checks and Direct Deposits dated 08/30/13 939.44$ Payroll Deduction check # 9989512 thru # 9989519 dated 08/30/13 528,770.70$ Total Payroll 3,382,473.31$ GRAND TOTAL Attachments Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. PAYROLL MEMORANDUM Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: August 30, 2013 G1 Packet Page Number 31 of 260 Check Description Amount 90545 03910 FAN, BEARINGS & MOTOR CHANGE OUT 6,424.78 90546 00547 DEPOSIT FOR SONG BLAST SPET 26 360.00 90547 00283 DRIVING REFRESHER 5,925.00 90548 01973 CAR WASHES - JULY 60.00 90549 03365 REIMB FOR MILEAGE & INTERNET 251.62 90550 00585 NET BILLABLE TICKETS - JULY 877.35 90551 04206 ATTORNEY SRVS FEES/RENT - SEPT 15,433.33 90552 00985 WASTEWATER - SEPT 217,290.63 90553 01202 MAPLEWOOD MONTHLY - AUG 7,588.11 90554 02930 REIMB FOR MILEAGE 5/14 - 8/14 47.52 90555 01463 MCC MASSAGES - JULY 1-15 677.00 01463 MCC MASSAGES - JULY 16-31 567.00 90556 01546 LIFEGAURD & STAFF T-SHIRTS 375.00 90557 01190 ELECTRIC & GAS UTILITY 4,052.92 01190 ELECTRIC & GAS UTILITY 2,152.41 01190 ELECTRIC & GAS UTILITY 212.90 01190 FIRE SIRENS 56.63 90558 01798 CONTRACT DIESEL FUEL - AUGUST 9,637.89 90559 01047 SHEETING FOR SIGN FABRICATION 1,715.34 01047 SHEETING FOR SIGN FABRICATION 853.33 90560 05041 ELECTION JUDGE - PRIMARY ELECTION 195.56 90561 02324 HERBICIDE & BRUSH CUT BEAVER CREEK 814.39 90562 04555 ELECTION JUDGE - PRIMARY ELECTION 161.88 90563 01974 REFUND FOR TRANS MEDIC 445.63 90564 04556 ELECTION JUDGE - PRIMARY ELECTION 161.88 90565 04345 APPRAISAL REPORT FIRE STATION 1 2,500.00 90566 02743 SECURITY OFFICER FOR MCC AUG 17 210.00 90567 03619 PROJ 12-09 SEWER TELEVISING 570.00 90568 00003 ESCORW REL CARDINAL 996 FARRELL 1,500.00 00003 ESCROW REL CARDINAL 1002 FARREL 1,500.00 90569 00003 ESCROW REL GENADEK 445 HIGHPOINT 300.00 90570 04558 ELECTION JUDGE - PRIMARY ELECTION 161.88 90571 05259 NEW SURVEY EQUIP 23,750.50 05259 NEW SURVEY EQUIP 14,585.57 Attachm 05259 NEW SURVEY EQUIP 457.62 90572 05258 PROJ 11-15 REPAIR IRRIGATION SYS 593.03 90573 04559 ELECTION JUDGE - PRIMARY ELECTION 191.63 90574 00983 LEASE PMT 06/15 - 07/15 484.14 00983 LEASE PMT 07/15 - 08/15 484.14 90575 02617 REIMB FOR MEAL 8/13 9.57 90576 04318 FILL DISPOSAL - SWEEPING 477.76 90577 01075 REGISTRATION FEES 390.00 90578 04244 2014 FORD POLICE INTERCEPTOR UTILITY 26,108.82 04244 2014 FORD POLICE INTERCEPTOR UTILITY 26,108.82 04244 2014 FORD POLICE INTERCEPTOR UTILITY 26,108.82 04244 2014 FORD POLICE INTERCEPTOR UTILITY 26,108.82 90579 01175 MONTHLY UTILITIES - JULY 3,775.74 01175 FIBER OPTIC ACCESS CHG - AUG 1,068.75 90580 01204 PROJ 09-09 HAULING AGGREGATE 18,560.00 90581 00001 REFUND M COLEMAN TRANS MEDIC 982.00 90582 00001 MOTHERS & MORE CHARITABLE GAMBLING 270.00 90583 05257 ESCROW RELEASE 2009 ARCADE 3,520.97 90584 01443 PROJ 09-09 SITE WORK 4,307.00 08/27/2013 NICK FRANZEN 08/20/2013 GL BERG ENTERTAINMENT 08/27/2013 CENTURY COLLEGE 08/27/2013 ERICKSON OIL PRODUCTS INC Check Register City of Maplewood 08/23/2013 Date Vendor 08/16/2013 METRO MECH CONTRACTORS, INC. 08/27/2013 METROPOLITAN COUNCIL 08/27/2013 NYSTROM PUBLISHING CO INC 08/27/2013 DEB SCHMIDT 08/27/2013 GOPHER STATE ONE-CALL 08/27/2013 H A KANTRUD 08/27/2013 XCEL ENERGY 08/27/2013 XCEL ENERGY 08/27/2013 XCEL ENERGY 08/27/2013 SISTER ROSALIND GEFRE 08/27/2013 SISTER ROSALIND GEFRE 08/27/2013 SUBURBAN SPORTSWEAR 08/27/2013 3M 08/27/2013 MERIDITH AIKENS 08/27/2013 APPLIED ECOLOGICAL SERVICES 08/27/2013 XCEL ENERGY 08/27/2013 YOCUM OIL CO. 08/27/2013 3M 08/27/2013 DAHLEN, DWYER & FOLEY INC. 08/27/2013 RICHARD DOBLAR 08/27/2013 DRAIN KING INC 08/27/2013 JAIME BELLAND 08/27/2013 BLUE CROSS REFUNDS 08/27/2013 DONITA BOLDEN 08/27/2013 WARREN JOHNSON 08/27/2013 LEICA GEOSYSTEMS INC. 08/27/2013 LEICA GEOSYSTEMS INC. 08/27/2013 ESCROW REFUND 08/27/2013 ESCROW REFUND 08/27/2013 ESCROW REFUND 08/27/2013 METRO SALES INC 08/27/2013 METRO SALES INC 08/27/2013 ALESIA METRY 08/27/2013 LEICA GEOSYSTEMS INC. 08/27/2013 LMS IRRIGATION, INC. 08/27/2013 MARY LOU MECHELKE 08/27/2013 CITY OF OAKDALE 08/27/2013 ONE TIME VENDOR 08/27/2013 ONE TIME VENDOR 08/27/2013 RAVEN BUILDERS INC. 08/27/2013 MILLER EXCAVATING, INC. 08/27/2013 MN S C I A 08/27/2013 NELSON AUTO CENTER 08/27/2013 CITY OF NORTH ST PAUL 08/27/2013 CITY OF NORTH ST PAUL 08/27/2013 NELSON AUTO CENTER 08/27/2013 NELSON AUTO CENTER 08/27/2013 NELSON AUTO CENTER 08/27/2013 SEMPLE EXCAVATING & TRUCKING G1 Packet Page Number 32 of 260 90585 04883 BLUE CARD TRAINING 516.00 90586 01836 WATER USAGE - SWEEPING 503.18 01836 RADIO SHOP SERVICES - JULY 428.88 90587 01545 MEMBERSHIP ASSESSMENT 1,600.00 90588 01578 SOAP FOR POWER WASHER 1,116.84 01578 SAFETY EAR MUFFS & EAR PLUGS 318.48 90589 04357 PREVENTATIVE MAINTENANCE 117.00 90590 05220 PD EXPANSION PROJ PHASE 2 PMT#2 110,679.27 05220 PD EXPANSION PROJ PHASE 1A PMT#3 51,736.12 08/27/2013 SPRING LAKE PARK FIRE DEPT INC 08/27/2013 ST PAUL, CITY OF 08/27/2013 ST PAUL, CITY OF 08/27/2013 SUBURBAN RATE AUTHORITY 628,439.45 46 Checks in this report. 08/27/2013 T R F SUPPLY CO. 08/27/2013 T R F SUPPLY CO. 08/27/2013 UNIVERSAL HOSPITAL SRVS, INC. 08/27/2013 WEBER, INC. 08/27/2013 WEBER, INC. G1 Packet Page Number 33 of 260 Settlement Date Payee Description Amount 8/19/2013 MN State Treasurer Drivers License/Deputy Registrar 42,547.40 8/19/2013 U.S. Treasurer Federal Payroll Tax 101,283.76 8/19/2013 P.E.R.A.P.E.R.A.88,646.67 8/20/2013 MN State Treasurer Drivers License/Deputy Registrar 15,848.01 8/20/2013 MN Dept of Revenue Sales Tax 7,642.00 8/20/2013 MidAmerica - ING HRA Flex plan 14,248.82 8/20/2013 MN State Treasurer State Payroll Tax 20,716.44 8/21/2013 MN State Treasurer Drivers License/Deputy Registrar 40,914.65 8/22/2013 MN State Treasurer Drivers License/Deputy Registrar 20,816.84 8/22/2013 MN Dept of Revenue Fuel Tax 427.22 8/23/2013 MN State Treasurer Drivers License/Deputy Registrar 57,349.87 8/23/2013 MN Dept of Natural Resources DNR electronic licenses 846.50 8/23/2013 Optum Health DCRP & Flex plan payments 2,000.80 413,288.98 Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1 Packet Page Number 34 of 260 Check Description Amount 90591 00111 PATROL HOURS 08/12 - 8/25 1,400.00 90592 00120 MCC POOL CHEMICALS 986.46 90593 00526 PROJ 09-08 HWY 36/ENGLISH PMT#9 1,221,797.81 90594 00972 REIMB FOR IRRIGATION SYS REPAIRS 5,858.95 90595 04193 FORFEITED VEHICLE STORAGE-OCT 12 3,400.00 04193 FORFEITED VEHICLE STORAGE-NOV 12 3,050.00 04193 FORFEITED VEHICLE STORAGE-DEC 12 3,000.00 04193 FORFEITED VEHICLE STORAGE - JAN 2,650.00 04193 FORFEITED VEHICLE STORAGE - FEB 2,450.00 04193 FORFEITED VEHICLE STORAGE - JUNE 2,400.00 90596 04316 AUTO PAWN SYSTEM - JULY 888.30 90597 01085 MONTHLY PREMIUM - SEPT 3,018.60 90598 01819 LOCAL PHONE SERVICE 07/15 - 08/14 778.93 01819 LOCAL PHONE SERVICE 06/15 - 07/14 777.11 90599 01409 ENGINEERING FEES PD EXPANSION PROJ 39,588.61 90600 02274 SPRINT SRVS 07/15 - 08/14 7,178.26 90601 01190 ELECTRIC & GAS UTILITY 22,362.53 01190 ELECTRIC & GAS UTILITY 6,031.42 90602 05235 PERFORMANCE MCC SEPT 8 1,000.00 90603 02034 TOBACCO COMPLIANCE SERVICES 1,837.50 90604 04848 MONTHLY PREMIUM - SEPT 304.25 90605 00279 CONCRETE - MCC SIDEWALK 717.14 90606 05203 BALLROOM INSTRUCTION 378.00 90607 04818 PROGRAM LEADER - FISH CLINIC 60.00 90608 04371 PMT FOR INSTALL OF NEW S2 SECURITY 4,386.88 90609 00472 CONSULTING FEES 8/12 - 8/23 1,250.00 90610 00003 ESCROW RELEASE - LARP LLC 1,096.65 90611 00003 ESCROW RELEASE - K&W ROLLOFFS 571.87 90612 04967 REIMB FOR MEALS 8/19 - 8/20 19.79 90613 05261 RANGE FEE FOR TRAINING 90.00 90614 02929 LTC MONTHLY PREMIUM - SEPT 366.84 90615 00644 MONTHLY PREMIUM - SEPT 12,130.72 90616 02830 REMIB FOR PARKING 8/19 - 8/21 30.00 04900 CEILING DRAPING FOR MCC AUG 17 600.00 Attachme 04900 CEILING DRAPING FOR MCC AUG 23 600.00 90618 05258 PROJ 11-15 REPAIR OF IRRIGATION SYS 184.89 90619 00942 JANITORIAL SERVICES - AUG 6,578.16 90620 03818 MONTHLY PREMIUM - SEPT 155,592.20 90621 04029 ESCCROW RELEASE DEV PROJ 04-37 245.98 90622 00983 LEASE PMT 08/15 - 09/15 484.14 90623 02617 SECURITY OFFICER FOR MCC AUG 23 192.50 90624 05242 PROGRAM SPEAKER - INSECT PHOTO 150.00 90625 01126 MONTHLY PREMIUM - SEPT 512.00 90626 03861 LASERLEVEL,TRIPOS,TENTHS ROD 1,603.13 90627 00001 REFUND K DROBKA - MEMBERSHIP 170.75 90628 00001 REFUND J MCKAY SWIM LESSONS 136.00 90629 00001 REFUND D HOPKINS ZUMBA CLASS 6.00 90630 01359 VEHICLE WASHES - JULY 134.00 90631 01418 DAY CAMP SNACKS 380.41 01418 VENDING MACHINE SUPPLIES 237.64 01418 DAY CAMP SNACKS 229.52 90632 03879 EMS FEES - SEPT 738.67 90633 04074 TAI CHI INSTRUCTION 7/31 - 10/2 267.60 90634 01836 SRVS (RMS) PROVIDED TO PD - MAY 5,196.09 01836 SRVS (RMS) PROVIDED TO PD - JUNE 5,196.09 01836 SRVS (RMS) PROVIDED TO PD - JULY 5,196.09 01836 SRVS (RMS) PROVIDED TO PD - AUG 5,196.09 90635 01616 SECURITY OFFICER FOR MCC AUG 24 140.00 90636 03825 TIF PAYMENT TO DEVELOPER 1ST HALF 10,001.54 09/03/2013 ST PAUL, CITY OF 09/03/2013 PAUL THIENES 09/03/2013 VAN DYKE STREET HOMES 1,551,826.11 46 Checks in this report. Check Register City of Maplewood 08/29/2013 Date Vendor 09/03/2013 ANIMAL CONTROL SERVICES 09/03/2013 ST PAUL, CITY OF 09/03/2013 MIDAMERICA AUCTIONS, INC. 09/03/2013 MIDAMERICA AUCTIONS, INC. 09/03/2013 MIDAMERICA AUCTIONS, INC. 09/03/2013 AQUA LOGIC INC 09/03/2013 FOREST LAKE CONTRACTING INC 09/03/2013 MENARD, INC. 09/03/2013 CITY OF MINNEAPOLIS RECEIVABLES 09/03/2013 MN LIFE INSURANCE 09/03/2013 PAETEC 09/03/2013 MIDAMERICA AUCTIONS, INC. 09/03/2013 MIDAMERICA AUCTIONS, INC. 09/03/2013 MIDAMERICA AUCTIONS, INC. 09/03/2013 XCEL ENERGY 09/03/2013 XCEL ENERGY 09/03/2013 ALIVE & KICKIN 09/03/2013 PAETEC 09/03/2013 S E H 09/03/2013 SPRINT 09/03/2013 DANCE & ENTERTAINMENT, LLC 09/03/2013 BRENDA DANNER 09/03/2013 ELECTRO WATCHMAN INC. 09/03/2013 ASSOC FOR NONSMOKERS - MN 09/03/2013 AVESIS 09/03/2013 CEMSTONE PRODUCTS CO. 09/03/2013 MARCUS FORSYTHE 09/03/2013 TROY GARR 09/03/2013 GLTC PREMIUM PAYMENTS 09/03/2013 MICHAEL A ERICSON 09/03/2013 ESCROW REFUND 09/03/2013 ESCROW REFUND 09/03/2013 LASTING IMPRESSIONS BY AMY LLC 09/03/2013 LMS IRRIGATION, INC. 09/03/2013 MARSDEN BLDG MAINTENANCE CO 09/03/2013 HEALTHPARTNERS 09/03/2013 JON JAROSCH 09/03/2013 LASTING IMPRESSIONS BY AMY LLC 09/03/2013 ALESIA METRY 09/03/2013 NATURE STOCK PHOTOGRAPHY, INC. 09/03/2013 NCPERS MINNESOTA 09/03/2013 MEDICA 09/03/2013 MEER CONSTRUCTION, INC. 09/03/2013 METRO SALES INC 09/03/2013 ONE TIME VENDOR 09/03/2013 REGAL AUTO WASH BILLING 09/03/2013 SAM'S CLUB DIRECT 09/03/2013 NORTHWEST LASERS, INC 09/03/2013 ONE TIME VENDOR 09/03/2013 ONE TIME VENDOR 09/03/2013 SANSIO 09/03/2013 ELAINE SCHRADE 09/03/2013 ST PAUL, CITY OF 09/03/2013 ST PAUL, CITY OF 09/03/2013 SAM'S CLUB DIRECT 09/03/2013 SAM'S CLUB DIRECT G1 Packet Page Number 35 of 260 Settlement Date Payee Description Amount 8/26/2013 MN State Treasurer Drivers License/Deputy Registrar 42,900.21 8/27/2013 MN State Treasurer Drivers License/Deputy Registrar 17,613.75 8/28/2013 MN State Treasurer Drivers License/Deputy Registrar 59,963.33 8/29/2013 MN State Treasurer Drivers License/Deputy Registrar 33,613.44 8/30/2013 MN State Treasurer Drivers License/Deputy Registrar 25,056.47 8/30/2013 MN Dept of Natural Resources DNR electronic licenses 581.00 8/30/2013 US Bank VISA One Card*Purchasing card items 46,202.87 8/30/2013 Optum Health DCRP & Flex plan payments 841.00 8/30/2013 ICMA (Vantagepointe)Deferred Compensation 3,954.50 8/30/2013 ING - State Plan Deferred Compensation 29,421.50 260,148.07 *Detailed listing of VISA purchases is attached. Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1 Packet Page Number 36 of 260 Transaction Date Posting Date Merchant Name Transaction Amount Name 08/15/2013 08/19/2013 UNIFORMS UNLIMITED INC.$18.16 PAUL BARTZ 08/09/2013 08/12/2013 PITNEYBOWES ONLINEBILL $53.72 GAYLE BAUMAN 08/21/2013 08/23/2013 MINNESOTA GOVERNMENT F $295.00 GAYLE BAUMAN 08/21/2013 08/23/2013 MINNESOTA GOVERNMENT F $225.00 GAYLE BAUMAN 08/22/2013 08/23/2013 GOVERNMENT FINANCE OFFIC $91.98 GAYLE BAUMAN 08/08/2013 08/12/2013 OFFICE DEPOT #1079 $13.98 REGAN BEGGS 08/08/2013 08/12/2013 OFFICE DEPOT #1090 $252.33 REGAN BEGGS 08/08/2013 08/12/2013 ST PAUL STAMP WORKS INC $166.18 REGAN BEGGS 08/09/2013 08/12/2013 PAPER PLUS-ROS00108803 $240.00 REGAN BEGGS 08/09/2013 08/12/2013 PAPER PLUS-ROS00108803 $400.00 REGAN BEGGS 08/09/2013 08/12/2013 PAPER PLUS-ROS00108803 $419.00 REGAN BEGGS 08/09/2013 08/12/2013 PAPER PLUS-ROS00108803 $704.35 REGAN BEGGS 08/09/2013 08/12/2013 PAPER PLUS-ROS00108803 $26.93 REGAN BEGGS 08/12/2013 08/13/2013 RAINBOW FOODS 00088617 $10.50 REGAN BEGGS 08/13/2013 08/14/2013 TAKE A NUMBER, INC $18.55 REGAN BEGGS 08/14/2013 08/16/2013 PAKOR, INC.$755.10 REGAN BEGGS 08/16/2013 08/19/2013 OFFICE DEPOT #1090 $15.82 REGAN BEGGS 08/16/2013 08/19/2013 OFFICE DEPOT #1090 $38.37 REGAN BEGGS 08/16/2013 08/19/2013 OFFICE DEPOT #1127 $1.34 REGAN BEGGS 08/09/2013 08/12/2013 GOPHER STAGE LIGHTING INC $598.93 CHRISTINE BERNARDY 08/13/2013 08/15/2013 OFFICE MAX $33.71 CHRISTINE BERNARDY 08/15/2013 08/16/2013 K9 STORM INC $170.00 BRIAN BIERDEMAN 08/16/2013 08/19/2013 PETLAND $6.72 OAKLEY BIESANZ 08/16/2013 08/19/2013 INTERNATIONAL ASSOCIAT $209.00 RON BOURQUIN 08/12/2013 08/13/2013 AMAZON.COM $67.04 NEIL BRENEMAN 08/21/2013 08/22/2013 MN RECREATION AND PARK A $100.00 NEIL BRENEMAN 08/21/2013 08/23/2013 CVS PHARMACY #1751 Q03 $8.56 NEIL BRENEMAN 08/09/2013 08/12/2013 THE HOME DEPOT 2801 $240.45 TROY BRINK 08/13/2013 08/14/2013 CENTURY COLLEGE-CE $140.00 TROY BRINK 08/13/2013 08/14/2013 NW LASERS AND INSTRUMENT $212.68 TROY BRINK 08/13/2013 08/15/2013 THE HOME DEPOT 2801 ($170.33)TROY BRINK 08/14/2013 08/15/2013 FASTENAL COMPANY01 ($549.55)TROY BRINK 08/14/2013 08/15/2013 FASTENAL COMPANY01 $549.55 TROY BRINK 08/16/2013 08/19/2013 NAPA STORE 3279016 $13.34 TROY BRINK 08/20/2013 08/22/2013 DIAMOND VOGEL PAINT #807 $565.90 TROY BRINK 08/20/2013 08/22/2013 NAPA STORE 3279016 $53.35 TROY BRINK 08/12/2013 08/14/2013 SUBWAY 00052159 $103.38 SARAH BURLINGAME 08/15/2013 08/16/2013 NATL NOTARY ASSN ECOMM $27.45 SARAH BURLINGAME 08/15/2013 08/19/2013 SECRETARY OF STATE $120.00 SARAH BURLINGAME 08/19/2013 OFFICE DEPOT #1090 $58.04 SARAH BURLINGAME Attachments 08/19/2013 CURTIS 1000 INC.$74.22 SARAH BURLINGAME 08/19/2013 08/21/2013 OFFICE DEPOT #1079 $6.42 SARAH BURLINGAME 08/19/2013 08/21/2013 OFFICE DEPOT #1090 $76.69 SARAH BURLINGAME 08/20/2013 08/22/2013 OFFICE DEPOT #1090 $70.90 SARAH BURLINGAME 08/20/2013 08/22/2013 OFFICE DEPOT #1090 $53.55 SARAH BURLINGAME 08/20/2013 08/21/2013 EMERGENCY AUTOMOTIVE $153.00 JOHN CAPISTRANT 08/08/2013 08/12/2013 THE HOME DEPOT 2801 $44.70 SCOTT CHRISTENSON 08/09/2013 08/12/2013 VIKING ELECTRIC-CREDIT DE ($211.68)SCOTT CHRISTENSON 08/11/2013 08/12/2013 KNOWLAN'S MARKET #2 $11.88 SCOTT CHRISTENSON 08/13/2013 08/14/2013 TWIN CITY FILTER SERVICE $62.43 SCOTT CHRISTENSON 08/14/2013 08/14/2013 IRONMAN ENGINEERING $103.32 SCOTT CHRISTENSON 08/22/2013 08/23/2013 HENRIKSEN ACE HARDWARE $6.43 SCOTT CHRISTENSON 08/14/2013 08/15/2013 CDW GOVERNMENT $56.07 KERRY CROTTY 08/16/2013 08/19/2013 TARGET 00011858 $14.13 KERRY CROTTY 08/10/2013 08/12/2013 FRATTALLONES WOODBURY AC $4.92 CHARLES DEAVER 08/10/2013 08/12/2013 G&K SERVICES 182 $162.35 CHARLES DEAVER 08/14/2013 08/16/2013 THE HOME DEPOT 2810 $3.82 CHARLES DEAVER 08/20/2013 08/21/2013 TWIN CITY HARDWARE HADLEY $51.33 CHARLES DEAVER 08/20/2013 08/22/2013 THE HOME DEPOT 2810 $4.25 CHARLES DEAVER 08/09/2013 08/12/2013 PUBLIC AGENCY TRAINING C $295.00 RICHARD DOBLAR G1 Packet Page Number 37 of 260 08/15/2013 08/16/2013 EMERGENCY AUTOMOTIVE $5.71 RICHARD DOBLAR 08/08/2013 08/12/2013 THE HOME DEPOT 2801 $66.27 TOM DOUGLASS 08/15/2013 08/16/2013 THERMO DYNE INC $850.00 TOM DOUGLASS 08/20/2013 08/21/2013 J.R. S ADVANCED RECYCLERS $167.50 TOM DOUGLASS 08/20/2013 08/21/2013 KULLY SUPPLY PC $45.90 TOM DOUGLASS 08/20/2013 08/22/2013 WW GRAINGER $21.94 TOM DOUGLASS 08/21/2013 08/22/2013 HENRIKSEN ACE HARDWARE $13.37 TOM DOUGLASS 08/11/2013 08/12/2013 AMAZON SERVICES-KINDLE $9.99 MICHAEL DUGAS 08/12/2013 08/13/2013 OAKLEY, INC.$193.00 MICHAEL DUGAS 08/16/2013 08/19/2013 MSP AIRPORT PARKING $100.00 MICHAEL DUGAS 08/16/2013 08/19/2013 DELTA AIR 0068223816567 $25.00 MICHAEL DUGAS 08/09/2013 08/12/2013 ADVANCE SHORING COMPANY $117.56 DOUG EDGE 08/16/2013 08/19/2013 OAKDALE RENTAL CENTER $207.82 DOUG EDGE 08/22/2013 08/23/2013 CONCRETE FORM ENGINEERS $105.47 DOUG EDGE 08/09/2013 08/12/2013 SQ *CHRIS MASTELL TRAILER $250.00 LARRY FARR 08/09/2013 08/12/2013 SQ *CHRIS MASTELL TRAILER $377.50 LARRY FARR 08/09/2013 08/12/2013 METROPOLITAN MECHANICAL $1,041.18 LARRY FARR 08/10/2013 08/12/2013 G&K SERVICES 182 $708.04 LARRY FARR 08/10/2013 08/12/2013 G&K SERVICES 182 $384.68 LARRY FARR 08/22/2013 08/23/2013 CINTAS 470 $90.27 LARRY FARR 08/09/2013 08/12/2013 REPUBLIC SERVICES TRASH $461.92 DAVID FISHER 08/13/2013 08/15/2013 OFFICE MAX $42.40 MYCHAL FOWLDS 08/19/2013 08/21/2013 BLS*KEYMETRICSOFTWARE $75.00 MYCHAL FOWLDS 08/21/2013 08/21/2013 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 08/14/2013 08/15/2013 BEST BUY 00000075 $782.00 NICK FRANZEN 08/14/2013 08/15/2013 BEST BUY MHT 00000109 $74.96 NICK FRANZEN 08/15/2013 08/16/2013 AMAZON.COM $89.15 NICK FRANZEN 08/21/2013 08/22/2013 AMAZON MKTPLACE PMTS $74.66 NICK FRANZEN 08/21/2013 08/22/2013 AMAZON MKTPLACE PMTS $112.14 NICK FRANZEN 08/22/2013 08/23/2013 IDU*INSIGHT PUBLIC SEC $353.00 NICK FRANZEN 08/09/2013 08/12/2013 OREILLY AUTO 00020743 $11.12 CLARENCE GERVAIS 08/20/2013 08/21/2013 MENARDS 3022 $20.27 CLARENCE GERVAIS 08/13/2013 08/14/2013 PANERA BREAD #1305 $28.45 KAREN GUILFOILE 08/20/2013 08/21/2013 ANCHOR SCIENTIFIC INC $244.00 MARK HAAG 08/20/2013 08/21/2013 ANCHOR SCIENTIFIC INC $17.75 MARK HAAG 08/20/2013 08/21/2013 MENARDS 3059 $80.32 MARK HAAG 08/12/2013 08/13/2013 HENRIKSEN ACE HARDWARE $23.55 TAMARA HAYS 08/15/2013 08/19/2013 GRUBERS POWER EQUIPMENT $35.26 GARY HINNENKAMP 08/16/2013 08/19/2013 MILLS FLEET FARM #2,700 $78.02 GARY HINNENKAMP 08/19/2013 08/20/2013 JOHN DEERE LANDSCAPES530 $321.46 GARY HINNENKAMP 08/13/2013 08/14/2013 ARC*SERVICES/TRAINING $27.00 RON HORWATH 08/13/2013 08/14/2013 ARC*SERVICES/TRAINING $19.00 RON HORWATH 08/20/2013 08/21/2013 ARC*SERVICES/TRAINING $19.00 RON HORWATH 08/18/2013 08/19/2013 SUBURBAN ACE HARDWARE $9.59 ANN HUTCHINSON 08/08/2013 08/12/2013 THE HOME DEPOT 2801 $28.12 DAVID JAHN 08/09/2013 08/12/2013 DEPARTMENT OF LABOR AND I $45.00 DAVID JAHN 08/12/2013 08/14/2013 DALCO ENTERPRISES, INC $470.03 DAVID JAHN 08/14/2013 08/15/2013 TARGET 00011858 $32.12 DAVID JAHN 08/15/2013 08/16/2013 MENARDS 3059 $103.56 DAVID JAHN 08/21/2013 08/22/2013 DALCO ENTERPRISES, INC $59.92 DAVID JAHN 08/13/2013 08/14/2013 VL OAKDALE CONTRAC $433.43 DON JONES 08/20/2013 08/20/2013 COMCAST CABLE COMM $266.48 DUWAYNE KONEWKO 08/12/2013 08/13/2013 HENRIKSEN ACE HARDWARE $10.61 NICHOLAS KREKELER 08/12/2013 08/13/2013 MENARDS 3059 $1.37 NICHOLAS KREKELER 08/08/2013 08/12/2013 UNIFORMS UNLIMITED INC.$273.08 DAVID KVAM 08/13/2013 08/13/2013 COMCAST CABLE COMM $44.65 DAVID KVAM 08/13/2013 08/15/2013 UNIFORMS UNLIMITED INC.$148.66 DAVID KVAM 08/13/2013 08/15/2013 UNIFORMS UNLIMITED INC.$197.42 DAVID KVAM 08/12/2013 08/14/2013 THE HOME DEPOT 2801 $14.95 RANDY LINDBLOM 08/09/2013 08/12/2013 BIGHLEY AUTO BODY INC $595.40 MICHAEL LOCHEN 08/12/2013 08/13/2013 EMERGENCY APPARATUS MAINT $461.07 STEVE LUKIN G1 Packet Page Number 38 of 260 08/16/2013 08/19/2013 THE HOME DEPOT 2801 $25.74 STEVE LUKIN 08/20/2013 08/21/2013 CUB FOODS #1599 $188.85 STEVE LUKIN 08/20/2013 08/21/2013 REPUBLIC SERVICES TRASH $138.36 STEVE LUKIN 08/21/2013 08/23/2013 THE HOME DEPOT 2801 $11.75 STEVE LUKIN 08/22/2013 08/23/2013 OVERHEAD DOOR COMP $404.40 STEVE LUKIN 08/13/2013 08/14/2013 JOHN DEERE LANDSCAPES530 $131.40 BRENT MEISSNER 08/15/2013 08/16/2013 FASTENAL COMPANY01 $43.39 BRENT MEISSNER 08/15/2013 08/19/2013 NAPA STORE 3279016 $42.84 BRENT MEISSNER 08/08/2013 08/12/2013 BOUND TREE MEDICAL LLC $319.00 MICHAEL MONDOR 08/09/2013 08/12/2013 BOUND TREE MEDICAL LLC $272.79 MICHAEL MONDOR 08/09/2013 08/12/2013 BOUND TREE MEDICAL LLC $928.15 MICHAEL MONDOR 08/09/2013 08/12/2013 VIDACARE CORPORATION $528.02 MICHAEL MONDOR 08/12/2013 08/13/2013 N AMERICA RESCUE PRODUCT $35.43 MICHAEL MONDOR 08/13/2013 08/14/2013 N AMERICA RESCUE PRODUCT $119.90 MICHAEL MONDOR 08/13/2013 08/15/2013 BOUND TREE MEDICAL LLC $32.70 MICHAEL MONDOR 08/14/2013 08/16/2013 BOUND TREE MEDICAL LLC $2,155.70 MICHAEL MONDOR 08/14/2013 08/16/2013 HEALTH CARE LOGISTICS $203.41 MICHAEL MONDOR 08/19/2013 08/20/2013 BOYER FORD TRUCKS $508.62 MICHAEL MONDOR 08/20/2013 08/21/2013 CENTURY COLLEGE-CE $400.00 MICHAEL MONDOR 08/21/2013 08/21/2013 ULINE *SHIP SUPPLIES $431.50 MICHAEL MONDOR 08/21/2013 08/22/2013 MN EMS REG BOARD $632.00 MICHAEL MONDOR 08/12/2013 08/13/2013 MENARDS 3059 $32.12 JOHN NAUGHTON 08/12/2013 08/14/2013 TESSMAN COMPANY SAINT PAU $185.96 JOHN NAUGHTON 08/14/2013 08/15/2013 MENARDS 3022 $35.45 JOHN NAUGHTON 08/20/2013 08/22/2013 MILLS FLEET FARM #2,700 $80.33 JOHN NAUGHTON 08/22/2013 08/23/2013 HENRIKSEN ACE HARDWARE $25.62 JOHN NAUGHTON 08/20/2013 08/22/2013 THE HOME DEPOT 2801 $107.71 RICHARD NORDQUIST 08/21/2013 08/23/2013 THE HOME DEPOT 2801 $28.15 RICHARD NORDQUIST 08/08/2013 08/12/2013 UNIFORMS UNLIMITED INC.$10.69 MICHAEL NYE 08/12/2013 08/13/2013 OAKDALE RENTAL CENTER $207.82 ERICK OSWALD 08/15/2013 08/16/2013 MOGREN LANDSCAPING $101.00 ERICK OSWALD 08/22/2013 08/23/2013 CONCRETE FORM ENGINEERS $245.39 ERICK OSWALD 08/09/2013 08/12/2013 OFFICE DEPOT #1090 $118.03 MARY KAY PALANK 08/09/2013 08/12/2013 OFFICE DEPOT #1079 $160.63 MARY KAY PALANK 08/12/2013 08/15/2013 OFFICE DEPOT #1090 ($73.96)MARY KAY PALANK 08/15/2013 08/19/2013 OFFICE DEPOT #1090 $92.22 MARY KAY PALANK 08/15/2013 08/19/2013 OFFICE DEPOT #1090 $11.51 MARY KAY PALANK 08/17/2013 08/19/2013 OFFICE DEPOT #1090 ($83.24)MARY KAY PALANK 08/17/2013 08/19/2013 OFFICE DEPOT #1090 $14.12 MARY KAY PALANK 08/17/2013 08/19/2013 OFFICE DEPOT #1090 $8.17 MARY KAY PALANK 08/19/2013 08/21/2013 OFFICE DEPOT #1090 $34.07 MARY KAY PALANK 08/20/2013 08/22/2013 OFFICE DEPOT #1090 $105.52 MARY KAY PALANK 08/20/2013 08/22/2013 OFFICE DEPOT #1090 $71.48 MARY KAY PALANK 08/12/2013 08/13/2013 AMAZON MKTPLACE PMTS $28.98 PHILIP F POWELL 08/19/2013 08/22/2013 SIRCHIE FINGER PRINT LABO $63.80 PHILIP F POWELL 08/08/2013 08/12/2013 TRI-STATE BOBCAT INC.$479.92 STEVEN PRIEM 08/09/2013 08/12/2013 AUTO PLUS LITTLE CANADA $45.72 STEVEN PRIEM 08/10/2013 08/12/2013 SAFELITE AUTOGLASS $176.10 STEVEN PRIEM 08/12/2013 08/13/2013 ZARNOTH BRUSH WORKS INC $574.13 STEVEN PRIEM 08/12/2013 08/13/2013 AUTO PLUS LITTLE CANADA $56.22 STEVEN PRIEM 08/14/2013 08/16/2013 WHEELCO BRAKE &SUPPLY $14.78 STEVEN PRIEM 08/15/2013 08/16/2013 BOYER TRUCK PARTS $35.27 STEVEN PRIEM 08/15/2013 08/16/2013 AUTO PLUS LITTLE CANADA $80.77 STEVEN PRIEM 08/16/2013 08/19/2013 TRI-STATE BOBCAT $73.42 STEVEN PRIEM 08/16/2013 08/19/2013 AUTO PLUS LITTLE CANADA $69.47 STEVEN PRIEM 08/17/2013 08/19/2013 AWDIRECT 1019699994 $143.20 STEVEN PRIEM 08/19/2013 08/20/2013 AUTO PLUS LITTLE CANADA $334.11 STEVEN PRIEM 08/19/2013 08/20/2013 AN FORD WHITE BEAR LAK $316.93 STEVEN PRIEM 08/19/2013 08/20/2013 AN FORD WHITE BEAR LAK $94.33 STEVEN PRIEM 08/20/2013 08/21/2013 EMERGENCY AUTOMOTIVE $59.10 STEVEN PRIEM 08/20/2013 08/21/2013 AN FORD WHITE BEAR LAK $778.87 STEVEN PRIEM G1 Packet Page Number 39 of 260 08/20/2013 08/21/2013 ZIEGLER INC COLUMBUS $348.33 STEVEN PRIEM 08/20/2013 08/21/2013 BAUER BUILT TIRE 18 $1,146.34 STEVEN PRIEM 08/21/2013 08/22/2013 AUTO PLUS LITTLE CANADA ($85.00)STEVEN PRIEM 08/21/2013 08/22/2013 ASPEN EQUIPMENT-BLOOMIN $35.33 STEVEN PRIEM 08/21/2013 08/22/2013 AUTO PLUS LITTLE CANADA $20.89 STEVEN PRIEM 08/21/2013 08/22/2013 AUTO PLUS LITTLE CANADA $5.00 STEVEN PRIEM 08/21/2013 08/23/2013 TRI-STATE BOBCAT $93.78 STEVEN PRIEM 08/22/2013 08/23/2013 AUTO PLUS LITTLE CANADA $26.22 STEVEN PRIEM 08/12/2013 08/14/2013 THE HOME DEPOT 2801 $53.24 KELLY PRINS 08/13/2013 08/15/2013 THE HOME DEPOT 2801 $63.89 KELLY PRINS 08/20/2013 08/22/2013 THE HOME DEPOT 2801 $22.27 KELLY PRINS 08/08/2013 08/12/2013 MINNESOTA OCCUPATIONAL HE $389.00 TERRIE RAMEAUX 08/16/2013 08/19/2013 ADCO SAFETY AWARD STORE $605.44 TERRIE RAMEAUX 08/20/2013 08/21/2013 MINNESOTA SAFETY COUNCIL $296.88 TERRIE RAMEAUX 08/13/2013 08/14/2013 DALCO ENTERPRISES, INC $887.09 MICHAEL REILLY 08/13/2013 08/14/2013 HILLYARD INC MINNEAPOLIS $810.20 MICHAEL REILLY 08/13/2013 08/15/2013 SCW FITNESS EDUCATION $40.45 LORI RESENDIZ 08/12/2013 08/13/2013 TARGET 00011858 $39.68 AUDRA ROBBINS 08/12/2013 08/13/2013 CUB FOODS #1599 $11.98 AUDRA ROBBINS 08/12/2013 08/13/2013 MICHAELS STORES 2744 $57.64 AUDRA ROBBINS 08/14/2013 08/15/2013 GROUP SALES FRONT GATE $1,683.00 AUDRA ROBBINS 08/21/2013 08/23/2013 MN ZOO TARS $540.75 AUDRA ROBBINS 08/21/2013 08/23/2013 MN ZOO TARS $326.00 AUDRA ROBBINS 08/12/2013 08/13/2013 OAKDALE RENTAL CENTER $207.82 ROBERT RUNNING 08/13/2013 08/15/2013 THE HOME DEPOT 2801 $8.31 ROBERT RUNNING 08/11/2013 08/12/2013 CUB FOODS #1599 $49.46 DEB SCHMIDT 08/12/2013 08/13/2013 CUB FOODS #1599 $5.33 DEB SCHMIDT 08/13/2013 08/14/2013 PANERA BREAD #1305 $68.15 DEB SCHMIDT 08/13/2013 08/15/2013 THE OLIVE GARD00012005 $157.78 DEB SCHMIDT 08/14/2013 08/15/2013 LILLIE SUBURBAN NEWSPAPE $138.00 DEB SCHMIDT 08/10/2013 08/12/2013 G&K SERVICES 182 $1,468.09 SCOTT SCHULTZ 08/14/2013 08/15/2013 FLEXIBLE PIPE TOOL COMPAN $187.03 SCOTT SCHULTZ 08/21/2013 08/23/2013 ON SITE SANITATION INC $1,312.52 SCOTT SCHULTZ 08/12/2013 08/14/2013 CVS PHARMACY #1751 Q03 $10.03 CAITLIN SHERRILL 08/12/2013 08/14/2013 IMPERIAL TEXTILE $35.62 CAITLIN SHERRILL 08/21/2013 08/22/2013 BAKERS-SQUARE-REST #0670 $107.90 CAITLIN SHERRILL 08/08/2013 08/12/2013 GTC UNITED WAY $120.00 ANDREA SINDT 08/19/2013 08/21/2013 UNIFORMS UNLIMITED INC.$19.67 JOSEPH STEINER 08/09/2013 08/12/2013 HTC CUSTOM TRAINING $105.00 JOANNE SVENDSEN 08/12/2013 08/13/2013 DAVES SPORT SHOP $420.29 JAMES TAYLOR 08/14/2013 08/16/2013 BEACON ATHLETICS $539.40 JAMES TAYLOR 08/22/2013 08/23/2013 PANERA BREAD #1305 $317.81 JAMES TAYLOR 08/22/2013 08/23/2013 CUB FOODS #1599 $5.92 JAMES TAYLOR 08/21/2013 08/22/2013 USPS 26833800033400730 $18.40 KAREN WACHAL 08/21/2013 08/22/2013 USPS 26833800033400730 $18.40 KAREN WACHAL 08/21/2013 08/22/2013 HENRIKSEN ACE HARDWARE $19.26 JEFF WILBER 08/08/2013 08/12/2013 GTS EDUCATIONAL EVE $260.00 SUSAN ZWIEG 08/12/2013 08/14/2013 DALCO ENTERPRISES, INC $450.18 SUSAN ZWIEG 08/14/2013 08/15/2013 BREEZY POINT RESORT INTL $570.00 SUSAN ZWIEG 08/20/2013 08/21/2013 PARTY CITY #768 $17.05 SUSAN ZWIEG 08/21/2013 08/23/2013 MILLS FLEET FARM #3,100 $11.18 SUSAN ZWIEG 08/21/2013 08/23/2013 TST CREATIVE CATERING COR $1,243.66 SUSAN ZWIEG 08/22/2013 08/23/2013 CUB FOODS #1599 $25.00 SUSAN ZWIEG $46,202.87 G1 Packet Page Number 40 of 260 CHECK #CHECK DATE EMPLOYEE NAME Attachments 08/30/13 CAVE, REBECCA 435.16 08/30/13 JUENEMANN, KATHLEEN 435.16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 08/30/13 CARDINAL, ROBERT 435.16 08/30/13 STRAUTMANIS, MARIS 84.00 08/30/13 VALLE, EDWARD 50.00 08/30/13 KOPPEN, MARVIN 435.16 08/30/13 ROSSBACH, WILLIAM 494.44 08/30/13 COLEMAN, MELINDA 4,738.40 08/30/13 ROCKEMAN, JESSICA 228.00 08/30/13 AHL, R. CHARLES 5,150.40 08/30/13 BURLINGAME, SARAH 2,200.50 08/30/13 FARR, LARRY 3,287.48 08/30/13 JAHN, DAVID 2,217.54 08/30/13 KANTRUD, HUGH 184.62 08/30/13 CHRISTENSON, SCOTT 2,776.43 08/30/13 BAUMAN, GAYLE 4,602.02 08/30/13 ANDERSON, CAROLE 1,349.16 08/30/13 METRY, THOMAS 108.00 08/30/13 RAMEAUX, THERESE 3,130.54 08/30/13 KELSEY, CONNIE 2,653.11 08/30/13 RUEB, JOSEPH 2,829.01 08/30/13 DEBILZAN, JUDY 1,385.92 08/30/13 JACKSON, MARY 2,176.91 08/30/13 BEGGS, REGAN 1,609.00 08/30/13 GUILFOILE, KAREN 4,452.98 08/30/13 SINDT, ANDREA 2,240.22 08/30/13 ARNOLD, AJLA 1,761.39 08/30/13 LARSON, MICHELLE 1,910.60 08/30/13 MECHELKE, SHERRIE 1,120.67 08/30/13 SCHMIDT, DEBORAH 3,096.67 08/30/13 SPANGLER, EDNA 1,357.07 08/30/13 RICHTER, CHARLENE 1,338.83 08/30/13 SCHOENECKER, LEIGH 1,687.39 08/30/13 MOY, PAMELA 1,557.27 08/30/13 OSTER, ANDREA 1,953.51 08/30/13 CARLE, JEANETTE 162.00 08/30/13 JAGOE, CAROL 162.00 08/30/13 VITT, SANDRA 965.39 08/30/13 WEAVER, KRISTINE 2,412.21 08/30/13 PALANK, MARY 1,951.20 08/30/13 POWELL, PHILIP 2,999.29 08/30/13 CORCORAN, THERESA 1,954.59 08/30/13 KVAM, DAVID 4,304.38 G1 Packet Page Number 41 of 260 08/30/13 THOMFORDE, FAITH 1,608.99 08/30/13 ABEL, CLINT 3,082.92 08/30/13 SCHNELL, PAUL 4,745.37 08/30/13 SVENDSEN, JOANNE 2,152.62 08/30/13 BARTZ, PAUL 3,281.16 08/30/13 BELDE, STANLEY 3,133.07 08/30/13 ALDRIDGE, MARK 3,316.38 08/30/13 BAKKE, LONN 3,298.55 08/30/13 BUSACK, DANIEL 3,730.45 08/30/13 CARNES, JOHN 2,239.22 08/30/13 BENJAMIN, MARKESE 2,887.16 08/30/13 BIERDEMAN, BRIAN 4,439.14 08/30/13 DOBLAR, RICHARD 4,095.31 08/30/13 DUGAS, MICHAEL 4,366.66 08/30/13 CROTTY, KERRY 3,684.00 08/30/13 DEMULLING, JOSEPH 3,552.04 08/30/13 FRITZE, DEREK 3,318.74 08/30/13 GABRIEL, ANTHONY 3,870.49 08/30/13 ERICKSON, VIRGINIA 3,253.95 08/30/13 FORSYTHE, MARCUS 2,512.78 08/30/13 HIEBERT, STEVEN 3,062.31 08/30/13 JOHNSON, KEVIN 4,289.97 08/30/13 HAWKINSON JR, TIMOTHY 3,379.35 08/30/13 HER, PHENG 2,887.16 08/30/13 KREKELER, NICHOLAS 919.60 08/30/13 KROLL, BRETT 3,187.67 08/30/13 KALKA, THOMAS 963.29 08/30/13 KONG, TOMMY 3,035.02 08/30/13 LU, JOHNNIE 3,450.82 08/30/13 LYNCH, KATHERINE 2,953.24 08/30/13 LANGNER, SCOTT 3,165.98 08/30/13 LANGNER, TODD 3,063.51 08/30/13 MCCARTY, GLEN 3,165.98 08/30/13 METRY, ALESIA 3,340.83 08/30/13 MARINO, JASON 3,463.12 08/30/13 MARTIN, JERROLD 4,071.42 08/30/13 OLSON, JULIE 3,007.30 08/30/13 PARKER, JAMES 2,593.73 08/30/13 MICHELETTI, BRIAN 1,914.90 08/30/13 NYE, MICHAEL 3,416.66 08/30/13 SHORTREED, MICHAEL 4,183.06 08/30/13 STEINER, JOSEPH 3,126.52 08/30/13 REZNY, BRADLEY 3,609.37 08/30/13 RHUDE, MATTHEW 2,988.05 08/30/13 TAUZELL, BRIAN 2,913.76 08/30/13 THEISEN, PAUL 3,111.27 08/30/13 STRAND, ZACHARY 1,914.90 08/30/13 SYPNIEWSKI, WILLIAM 3,055.76 08/30/13 WENZEL, JAY 3,062.74 08/30/13 XIONG, KAO 2,974.29 08/30/13 THIENES, PAUL 4,333.45 08/30/13 TRAN, JOSEPH 3,111.27 G1 Packet Page Number 42 of 260 08/30/13 BASSETT, BRENT 146.88 08/30/13 BAUMAN, ANDREW 2,678.49 08/30/13 ANDERSON, BRIAN 208.08 08/30/13 BAHL, DAVID 589.05 08/30/13 CONCHA, DANIEL 477.36 08/30/13 COREY, ROBERT 391.68 08/30/13 BOURQUIN, RON 1,077.12 08/30/13 CAPISTRANT, JOHN 542.64 08/30/13 CRUMMY, CHARLES 73.44 08/30/13 DABRUZZI, THOMAS 2,199.03 08/30/13 CRAWFORD - JR, RAYMOND 646.55 08/30/13 CRAWFORD - JR, RAYMOND 440.64 08/30/13 EVERSON, PAUL 3,101.10 08/30/13 HAGEN, MICHAEL 575.28 08/30/13 DAWSON, RICHARD 4,296.14 08/30/13 EATON, PAUL 783.36 08/30/13 HUTCHINSON, JAMES 671.16 08/30/13 IMM, TRACY 293.76 08/30/13 HALWEG, JODI 2,779.70 08/30/13 HAWTHORNE, ROCHELLE 2,558.52 08/30/13 KARRAS, JAMIE 630.36 08/30/13 KELLOGG, JOHNATHAN 244.80 08/30/13 JANSEN, CHAD 146.88 08/30/13 KANE, ROBERT 1,071.00 08/30/13 KUBAT, ERIC 3,091.24 08/30/13 LINDER, TIMOTHY 2,811.03 08/30/13 KERSKA, JOSEPH 835.38 08/30/13 KONDER, RONALD 758.88 08/30/13 MILLER, NICHOLAS 257.04 08/30/13 MONDOR, MICHAEL 3,500.59 08/30/13 LOCHEN, MICHAEL 595.68 08/30/13 MILLER, LADD 756.84 08/30/13 NEILY, STEVEN 367.20 08/30/13 NIELSEN, KENNETH 289.17 08/30/13 MONSON, PETER 171.36 08/30/13 MORGAN, JEFFERY 318.24 08/30/13 OLSON, JAMES 3,716.48 08/30/13 OPHEIM, JOHN 828.24 08/30/13 NOVAK, JEROME 3,391.36 08/30/13 NOWICKI, PAUL 186.66 08/30/13 PETERSON, MARK 514.08 08/30/13 PETERSON, ROBERT 3,206.57 08/30/13 PACHECO, ALPHONSE 648.72 08/30/13 PARROW, JOSHUA 612.00 08/30/13 RANK, NATHAN 734.40 08/30/13 RANK, PAUL 820.08 08/30/13 POWERS, KENNETH 293.76 08/30/13 RAINEY, JAMES 599.76 08/30/13 RODRIGUEZ, ROBERTO 24.48 08/30/13 SEDLACEK, JEFFREY 3,287.90 08/30/13 RICE, CHRISTOPHER 1,013.88 08/30/13 RIEKEN, NICHOLAS 342.72 G1 Packet Page Number 43 of 260 08/30/13 WHITE, JOEL 330.48 08/30/13 GERVAIS-JR, CLARENCE 4,075.48 08/30/13 STREFF, MICHAEL 3,608.84 08/30/13 SVENDSEN, RONALD 3,707.68 08/30/13 CORTESI, LUANNE 1,406.40 08/30/13 KNUTSON, LOIS 2,345.34 08/30/13 LUKIN, STEVEN 4,721.04 08/30/13 ZWIEG, SUSAN 1,816.21 08/30/13 DEBILZAN, THOMAS 2,197.79 08/30/13 EDGE, DOUGLAS 2,326.46 08/30/13 BRINK, TROY 2,412.19 08/30/13 BUCKLEY, BRENT 2,842.37 08/30/13 NAGEL, BRYAN 3,630.80 08/30/13 OSWALD, ERICK 2,349.51 08/30/13 JONES, DONALD 2,197.79 08/30/13 MEISSNER, BRENT 2,114.59 08/30/13 TEVLIN, TODD 2,197.79 08/30/13 BURLINGAME, NATHAN 2,172.00 08/30/13 RUIZ, RICARDO 1,652.19 08/30/13 RUNNING, ROBERT 2,412.19 08/30/13 HANSON, TODD 990.00 08/30/13 JAROSCH, JONATHAN 3,105.64 08/30/13 DUCHARME, JOHN 2,804.00 08/30/13 ENGSTROM, ANDREW 3,073.75 08/30/13 LOVE, STEVEN 3,665.87 08/30/13 THOMPSON, MICHAEL 4,531.65 08/30/13 KREGER, JASON 3,494.68 08/30/13 LINDBLOM, RANDAL 2,960.67 08/30/13 KONEWKO, DUWAYNE 4,512.71 08/30/13 BUTTWEILER, TYLER 792.00 08/30/13 ZIEMAN, SCOTT 952.00 08/30/13 JANASZAK, MEGHAN 1,608.99 08/30/13 HAYS, TAMARA 1,742.01 08/30/13 HINNENKAMP, GARY 2,844.61 08/30/13 GUNDERSON, THOMAS 828.00 08/30/13 HAMRE, MILES 1,616.80 08/30/13 PURVES, JUSTIN 1,579.39 08/30/13 RANWEILER, GABRIEL 614.25 08/30/13 NAUGHTON, JOHN 2,222.63 08/30/13 NORDQUIST, RICHARD 2,200.09 08/30/13 GERNES, CAROLE 590.75 08/30/13 HAYMAN, JANET 1,195.57 08/30/13 BIESANZ, OAKLEY 1,455.85 08/30/13 DEAVER, CHARLES 562.23 08/30/13 SOUTTER, CHRISTINE 654.50 08/30/13 WACHAL, KAREN 955.29 08/30/13 HUTCHINSON, ANN 2,709.28 08/30/13 SANDERS, MARA 88.80 08/30/13 THOMPSON, DEBRA 779.56 08/30/13 YOUNG, TAMELA 2,104.19 08/30/13 GAYNOR, VIRGINIA 3,317.22 08/30/13 KROLL, LISA 1,954.59 G1 Packet Page Number 44 of 260 08/30/13 MARTIN, MICHAEL 2,826.59 08/30/13 BRASH, JASON 2,569.79 08/30/13 EKSTRAND, THOMAS 3,906.15 08/30/13 FINWALL, SHANN 3,306.59 08/30/13 SWAN, DAVID 2,829.79 08/30/13 WELLENS, MOLLY 1,713.71 08/30/13 CARVER, NICHOLAS 3,317.22 08/30/13 FISHER, DAVID 3,884.68 08/30/13 BJORK, BRANDON 1,120.00 08/30/13 BRENEMAN, NEIL 2,318.58 08/30/13 ACEITUNO, FELIPE 84.00 08/30/13 BERGER, STEPHANIE 513.00 08/30/13 LARSON, TRISTA 731.25 08/30/13 MALLET, AMANDA 740.00 08/30/13 COLE, BENJAMIN 408.00 08/30/13 LARSON, KATELYN 459.00 08/30/13 SHERWOOD, CHRISTIAN 335.50 08/30/13 TAYLOR, JAMES 2,941.39 08/30/13 PROHOFSKY, SARAH 162.00 08/30/13 ROBBINS, AUDRA 3,242.05 08/30/13 HAAG, MARK 2,412.19 08/30/13 ORE, JORDAN 1,652.19 08/30/13 VUKICH, CANDACE 599.25 08/30/13 ADAMS, DAVID 2,025.00 08/30/13 AKEY, SHELLEY 254.52 08/30/13 BERNARDY, CHRISTINE 2,504.43 08/30/13 SCHULTZ, SCOTT 3,418.81 08/30/13 WILBER, JEFFREY 1,579.39 08/30/13 GLASS, JEAN 2,173.21 08/30/13 HOFMEISTER, MARY 1,103.20 08/30/13 CRAWFORD - JR, RAYMOND 157.47 08/30/13 EVANS, CHRISTINE 1,693.70 08/30/13 KULHANEK-DIONNE, ANN 618.75 08/30/13 PELOQUIN, PENNYE 672.57 08/30/13 HOFMEISTER, TIMOTHY 174.23 08/30/13 KELLEY, CAITLIN 985.97 08/30/13 ZIELINSKI, JUDY 123.20 08/30/13 AICHELE, MEGAN 339.65 08/30/13 VANG, TIM 36.00 08/30/13 VUE, LOR PAO 534.02 08/30/13 BAETZOLD, SETH 262.75 08/30/13 BAUDE, SARAH 115.64 08/30/13 ANDERSON, JOSHUA 701.16 08/30/13 BAETZOLD, CLAIRE 95.55 08/30/13 BUTLER, ANGELA 175.50 08/30/13 CRANDALL, KRISTA 456.00 08/30/13 BESTER, MICHAEL 103.50 08/30/13 BUCKLEY, BRITTANY 511.25 08/30/13 DUNN, RYAN 1,162.50 08/30/13 EHLE, DANIEL 165.38 08/30/13 DEMPSEY, BETH 63.12 08/30/13 DRECHSEL, HEIDI 27.48 G1 Packet Page Number 45 of 260 08/30/13 ERICSON, RACHEL 83.71 08/30/13 FLORES, LUIS 78.00 08/30/13 EKSTRAND, DANIEL 16.54 08/30/13 ERICKSON-CLARK, CAROL 37.12 08/30/13 FRAMPTON, SAMANTHA 309.25 08/30/13 GADOW, VERONIKA 116.89 08/30/13 FONTAINE, KIM 645.16 08/30/13 FOX, KELLY 60.00 08/30/13 GRAY, SOPHIE 11.78 08/30/13 GRUENHAGEN, LINDA 189.15 08/30/13 GIEL, NICOLE 57.76 08/30/13 GRAY, MEGAN 357.80 08/30/13 HEINRICH, SHEILA 340.76 08/30/13 HOLMBERG, LADONNA 313.89 08/30/13 HAGSTROM, EMILY 68.40 08/30/13 HASSAN, KIANA 189.85 08/30/13 JOHNSON, BARBARA 378.50 08/30/13 JOYER, ANTHONY 39.90 08/30/13 HORWATH, RONALD 2,800.97 08/30/13 HUNTLEY, NATALIE 96.00 08/30/13 KOZDROJ, GABRIELLA 50.00 08/30/13 LAMEYER, BRENT 210.26 08/30/13 KEMP, MAYA 28.88 08/30/13 KOHLER, ROCHELLE 92.50 08/30/13 MCCOMAS, LEAH 386.25 08/30/13 MCCORMACK, MELISSA 91.88 08/30/13 LAMEYER, ZACHARY 354.54 08/30/13 LAMSON, ELIANA 27.00 08/30/13 NADEAU, TAYLOR 76.65 08/30/13 NITZ, CARA 275.00 08/30/13 MEDD, KELLY 19.50 08/30/13 MUSKAT, JULIE 65.00 08/30/13 PROESCH, ANDY 1,153.01 08/30/13 RANEY, COURTNEY 897.25 08/30/13 NORTHOUSE, KATHERINE 497.60 08/30/13 POVLITZKI, MARINA 14.25 08/30/13 ROLLERSON, TERRANCE 45.00 08/30/13 SCHREIER, ABIGAIL 208.46 08/30/13 RESENDIZ, LORI 2,425.96 08/30/13 RICHTER, DANIEL 132.30 08/30/13 SCHREINER, MARK 131.40 08/30/13 SMITH, ANN 123.30 08/30/13 SCHREIER, ROSEMARIE 287.50 08/30/13 SCHREIER, ZACHARY 184.50 08/30/13 SMITLEY, SHARON 336.72 08/30/13 SYME, ABBEY 247.04 08/30/13 SMITH, CASEY 154.35 08/30/13 SMITH, JEROME 70.00 08/30/13 TRUE, ANDREW 61.88 08/30/13 TUPY, HEIDE 45.80 08/30/13 SYME, LAUREN 69.83 08/30/13 TREPANIER, TODD 230.00 G1 Packet Page Number 46 of 260 9989512 9989513 9989514 9989515 9989516 9989517 9989518 9989519 527,831.26 08/30/13 BORCHERT, JONATHAN 246.50 08/30/13 LOONEY, RAYJEANIA 32.00 08/30/13 MCCLENNON, MATTHEW 104.00 08/30/13 O'BRIEN, ELIZABETH 83.07 08/30/13 SCOTT, HALEY 64.46 08/30/13 WALES, ABIGAIL 200.78 08/30/13 FRANZEN, NICHOLAS 3,226.85 08/30/13 BAUDE, JANE 109.50 08/30/13 CORCORAN, JOSHUA 235.52 08/30/13 WOEHRLE, MATTHEW 2,662.55 08/30/13 BERGO, CHAD 2,768.75 08/30/13 FOWLDS, MYCHAL 3,911.11 08/30/13 SWANSON, CHRIS 1,564.19 08/30/13 AICHELE, CRAIG 2,255.31 08/30/13 PRIEM, STEVEN 2,472.89 08/30/13 STEFFEN, MICHAEL 102.00 08/30/13 THOMPSON, BENJAMIN 408.00 08/30/13 COUNTRYMAN, BRENDA 1,232.00 08/30/13 PRINS, KELLY 1,800.19 08/30/13 REILLY, MICHAEL 1,981.79 08/30/13 SINDT, DARIEN 85.00 08/30/13 WEINHAGEN, SHELBY 122.50 08/30/13 WHITE, DANICA 58.80 08/30/13 TUPY, MARCUS 95.00 08/30/13 WARNER, CAROLYN 85.80 08/30/13 YUNKER, JOSEPH 82.00 08/30/13 BOSLEY, CAROL 119.25 08/30/13 CRAWFORD, SHAWN 492.00 08/30/13 CUSICK, JESSICA 238.00 08/30/13 RANGEL, SAMANTHA 148.00 08/30/13 WISTL, MOLLY 298.50 08/30/13 MAIDMENT, COLIN 374.00 08/30/13 DOUGLASS, TOM 1,852.99 08/30/13 DYER, KATELYN 119.00 08/30/13 MALONEY, SHAUNA 265.50 08/30/13 HITE, ANDREA 66.00 08/30/13 LANGER, KAYLYN 85.00 G1 Packet Page Number 47 of 260 MEMORANDUM TO: Charles Ahl, City Manager FROM: Michael Martin, AICP, Planner Melinda Coleman, Assistant City Manager SUBJECT: Approval of a Conditional Use Permit Review – The Shores at Lake Phalen, 1870 East Shore Drive DATE: September 3, 2013 Introduction The conditional use permit (CUP) for The Shores at Lake Phalen planned unit development (PUD) is due for its annual review. This PUD is for a 105-unit senior housing facility at 1870 East Shore Drive. Background July 25, 2006, the city council held a public hearing to review the closure of the St. Paul Tourist Cabin site. This hearing was required by state law to review the impacts that the park closing might have on the displaced residents. March 12, 2007, the city council approved the Gladstone Neighborhood Redevelopment Plan. This plan will help guide the redevelopment of the Gladstone area with a mixture of 650 new housing units and neighborhood retail and commercial uses. August 13, 2007, the city council approved the following land use requests for the original Shores development proposal, a 180-unit senior housing apartment complex: 1. Street Right-of-way vacation 2. Public easement vacation 3. Preliminary Plat 4. Conditional Use Permit for Planned Unit Development 5. Design Approval August 9, 2010, the city council approved the following land use requests for the revised Shores development, now a 105-unit project: 1. Lot Division 2. Wetland Buffer Variance 3. Conditional Use Permit for Planned Unit Development 4. Design Approval September 12, 2011, the city council reviewed the CUP for the Shores at Lake Phalen and requested to review the permit again in one year. September 10, 2012, the city council reviewed the CUP for the Shores at Lake Phalen and requested to review the permit again in one year. G2 Packet Page Number 48 of 260 2 Discussion Construction on this project is complete and the owner has indicated to staff the building is more than half full. Staff did an inspection of this site early in the summer and found some dead vegetation that needed to be removed or replaced. Also, some of the mechanical equipment on site needed to be screened. The owner addressed these items without any issues, but because of the vegetation issues staff recommends the council review this CUP again in one year to ensure the required landscaping survives. Budget Impact None. Recommendation Extend the approval of the conditional use permit for The Shores at Lake Phalen and review again in one year. Attachments 1. Site Plan 2. Location Map 3. August 9, 2010 City Council Minutes P\Sec16\St Paul Tourist Cabin Site\May24, 2010 Submittal\Shore_CUP Review_091013 G2 Packet Page Number 49 of 260 G2 Packet Page Number 50 of 260 The Shores of Lake Phalen— Request for Conditional Use Permit, CDRB Review , Wetland Variance and Lot Division Location Map City of Maplewood May 25, 2010 NORTH Proposed Senior Housing Complex Attachment 2 G2 Packet Page Number 51 of 260 Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, August 9, 2010 Council Chambers, City Hall Meeting No. 17-10 J. NEW BUSINESS 1. Approval of The Shores at Lake Phalen – Planned Unit Development, Wetland Buffer Variance, Lot Division and Design Review, 940 Frost Avenue a. Planner, Michael Martin gave the report and answered questions of the council. b. Ron Leaf, Consultant, representing SEH, Vadnais Heights addressed the council. c. Community Design Review Board Member, Matt Ledvina addressed the council. d. Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. e. City Engineer, Deputy Public Works Director, Michael Thompson answered questions of the council. f. City Attorney, Alan Kantrud answered questions of the council. g. Environmental Planner, Shann Finwall answered questions of the council. h. Jim Schloomer, Architect, Kaas Wilson Architects, Minneapolis, addressed and answered questions of the council. i. Albert Miller,Developer, Maplewood Senior Living, LLC addressed the council. Councilmember Wasiluk CONDITIONAL USE PERMIT RESOLUTION NO. 10-08-441 moved to approve the Conditional Use Permit Resolution for the Planned Unit Development for The Shores at Lake Phalen, 940 Frost Avenue. WHEREAS, Link Wilson, Kaas Wilson Architects Representing Jack Rajchenbach and Albert Miller of Maplewood Senior Living, LLC, applied for a conditional use permit for a planned unit development to construct a 105-unit senior housing complex known as The Shores at Lake Phalen. WHEREAS, this permit applies to the following property: Address: 940 Frost Avenue Property Identification Number: 16-29-22-31-0025 Existing Legal Description: That part of Government Lot 2, Sec. 16, T. 29, R. 22, Ramsey County, Minnesota which lies S’ of Frost Avenue as described in Document No. 1999021, W’ of Frost Avenue Connection as described in Document No. 1999021, N’ of East Shore Drive as described in Document No. 367903, and NE’ of a line described as commencing G2 Packet Page Number 52 of 260 Attachment 3 at the center of said Section 16, thence S 89 degrees 32 minutes 38 seconds W, assumed bearing, along the N line of said Government Lot 2, 1130.00 feet, to the point of beginning; thence South 27 degrees 23 minutes 03 seconds East, 1121.18 feet to an angle in the north line of said East Shore Drive, said angle point being 658.56 feet westerly of the East line of said government lot 2 as measured along the N line of said East Shore Drive and said line there terminating. New Legal Description (After Lot Division): All that part of Lot 1, Block 1, The Shores of Lake Phalen, Ramsey County, Minnesota that lies northerly of the following described line: Commencing at the southwest corner of said Lot 1, thence North 27 degrees 23 minutes 03 second West, along the southwesterly lot line of said Lot 1, a distance of 509.1 feet to the point of beginning of the line to be described; thence North 64 degrees 53 minutes 46 seconds East, a distance of 160.32 feet; thence North 69 degrees 51 minutes 35 seconds East a distance of 105.83 feet; thence South 61 degrees 19 minutes 41 seconds East, a distance of 74.90 feet to a point on the easterly line of said Lot 1 and there terminating. WHEREAS, the history of this conditional use permit is as follows: 1. On June 15, 2010, the planning commission held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports from the city staff. 2. On August 9, 2010, the city council reviewed this request. The city council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city’s comprehensive plan and this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. G2 Packet Page Number 53 of 260 Attachment 3 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause no more than minimal adverse environmental effects. Approval is subject to the following conditions: a. The engineering department shall review and determine approval of all final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department’s June 7, 2010 review. b. All construction shall follow the plans date-stamped May 24, 2010, and with revisions as noted in this approval. The city council may approve major changes to the plans. City staff may approve minor changes to the plans. c. The project is approved with 28 underground and 24 surface parking spaces. This is a parking reduction of 158 parking spaces (210 parking spaces are required per city code). d. The project is approved with a 147 square foot floor area reduction in the required unit floor area for the memory care and assisted living studio units (580 square foot units are required per city code; 433 to 578 square foot units are proposed). e. The project is approved with a 20-foot front yard setback along Frost Avenue for the one-story dining room and kitchen portion of the building (30-foot front yard setback required per city code). f. The project is approved with storage space of not less than 30 cubic feet for the memory care and transitional care units (120 cubic feet of storage area per unit required per city code). g. All signs on the property must be approved by the community design review board. h. Approval is conditioned on the owner constructing or funding a Gladstone neighborhood entry monument sign at the intersection of Frost Avenue and East Shore Drive. i. Approval is conditioned on the applicant implementing interior or exterior signage which reflects the previous use of the property as the St. Paul Tourist Cabin site. G2 Packet Page Number 54 of 260 Attachment 3 j. The approved landscape plan and tree preservation requirements shall be subject to monitoring by city staff to assure compliance. Minor modifications to these plans shall be subject to review by staff while major modifications shall require city council approval. k. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. l. The city council shall review this permit in one year. The Maplewood City Council passed this resolution on August 9, 2010 Seconded by Councilmember Juenemann. Ayes – All The motion passed. Mayor Rossbach moved to approve the Design Review for The Shores at Lake Phalen, 940 Frost Avenue. Seconded by Councilmember Juenemann. Ayes – All The motion passed. Councilmember Nephew moved to approve the Lot Division for The Shores at Lake Phalen, 940 Frost Avenue with the modification of staff to achieve the target density level. Seconded by Councilmember Llanas. Ayes – All The motion passed. Mayor Rossbach moved to approve the Wetland Buffer Variance Resolution for The Shores at Lake Phalen, 940 Frost Avenue.(Staff will bring the Wetland Buffer Variance Resolution back to the city council on August 23, 2010 with the changes recommended by the city council). Seconded by Councilmember Juenemann. Ayes – Mayor Rossbach, Councilmembers Juenemann, Llanas, & Wasiluk Nay – Councilmember Nephew The motion passed. G2 Packet Page Number 55 of 260 MEMORANDUM TO: Charles Ahl, City Manager FROM: Michael Martin, AICP, Planner Melinda Coleman, Assistant City Manager SUBJECT: Approval of a Conditional Use Permit Review – Maplewood Toyota, 2873 Maplewood Drive DATE: September 3, 2013 Introduction The conditional use permit (CUP) for Maplewood Toyota is due for its annual review. In 2011, Maplewood Toyota revised its CUP in order to build an addition to its service entrance at its location at 2873 Maplewood Drive. Besides the 665 square-foot addition, this project included exterior building upgrades, replacement of blacktop with pervious pavers and interior renovations. Background January 18, 1979: The city council approved a CUP for the original Maplewood Toyota dealership on the south side of Beam Avenue. March 11, 2002: The city council approved a CUP revision for the expansion of the Maplewood Toyota showroom. The council reviewed the CUP annually and on March 28, 2005, granted an indefinite CUP approval to be reviewed again only if the applicant proposes a change. September 12, 2011: The city council approved a CUP revision for a service entrance addition at Maplewood Toyota. September 10, 2012: The city council reviewed the CUP for Toyota and requested to review the permit again in one year. Discussion Maplewood Toyota has started its building and site upgrades but construction is not complete. All council conditions of the CUP are being complied with. Staff recommends council review the CUP again in one year to check on construction progress and to ensure council conditions continue to be met. Budget Impact None. G3 Packet Page Number 56 of 260 Recommendations Extend the approval of the conditional use permit for Maplewood Toyota and review again in one year. Attachments 1. Location/Zoning Map 2. Site/Landscaping Plan 3. Building Elevations 4. City council minutes, September 12, 2011. p:sec4\Maplewood Toyota CUP Review_090913 G3 Packet Page Number 57 of 260 G3 Packet Page Number 58 of 260 G3 Packet Page Number 59 of 260 G3 Packet Page Number 60 of 260 Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, September 12, 2011 Council Chambers, City Hall Meeting No. 18-11 J. NEW BUSINESS 2. Conditional Use Permit Revision—Maplewood Toyota Service Entrance Addition, 2873 Maplewood Drive City Planer Ekstrand presented the council with the staff report; Planning Commissioner Boeser presented the council with the planning commission report; and Community Design Review Board member Shankar presented the Community Design Review Board report.Present from Maplewood Toyota was Steve McDaniels who addressed and answered questions of the council. Councilmember Nephew moved to approve the Conditional Use Permit Revision for Maplewood Toyota Service Entrance Addition, 2873 Maplewood Drive. RESOLUTION 11-9-624 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Steve McDaniels of Maplewood Toyota, applied for a conditional use permit revision for a service entrance addition and pervious paver improvements. WHEREAS, this permit applies to property located at 2873 Maplewood Drive. The property identification number identifying this property is: 04-29-22-41-0006 WHEREAS, the history of this conditional use permit is as follows: 1. On August 16, 2011, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council approve this permit. 2. The city council held a public meeting on September 12, 2011, to review this proposal. The council considered the report and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. G3 Packet Page Number 61 of 260 Attachment 4 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause no more than minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1. All construction shall follow the site plan date-stamped August 9, 2011 approved by the city. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the conditional use permit revision for the service entrance addition and related site work shall end. or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. Beam Avenue shall not be used for loading or unloading. 5. The applicant shall be required to submit a drainage and utility plan to the city engineer for review and approval as noted in condition 2b on page 4 of the staff report. The city engineer shall require the applicant to implement storm water quality improvements into the final drainage and utility plan that shall include the addition of rainwater gardens, an improvement and regarding of the storm water outlet pond and other reasonable (as determined by the city engineer) storm water quality improvements such that the site begins to implement runoff standards typical to property within the shoreland district. If a reasonable agreement with the property owner cannot be achieved by the city engineer, this conditional use permit revision and design approval shall be returned to the city council for consideration. The Maplewood City Council approved this resolution on September 12, 2011. Seconded by Councilmember Koppen Ayes – All The motion passed. G3 Packet Page Number 62 of 260 G4 MEMORANDUM TO: City Manager Chuck Ahl FROM: Chief of Police Paul P. Schnell DATE: August 23, 2013 SUBJECT: Approval for Police Department to Purchase One License Plate Reader Introduction The Police Department would like to purchase one license plate reader, and City Council approval is required to make this purchase. Background In 2010, using Auto Theft Prevention Grant funds, the Police Department purchased one license plate reader for the traffic car. This is a camera system that reads the license plates of vehicles surrounding the squad car and runs them to see if the vehicle is stolen, the driver has warrants, etc. The license plate reader has proven to be a valuable tool for officers working patrol; and we now have the opportunity, through the 2014 Auto Theft Grant, to purchase one more license plate reader at a cost of $14,340. Budget Impact The purchase of this equipment is totally funded by grant money, and there is no cost to the City of Maplewood. Recommendation It is recommended that City Council approval be given to purchase one license plate reader and that authorization be given to the Finance Director make the necessary budget adjustments. Attachments Estimate from VisualPro 360. Packet Page Number 63 of 260 Packet Page Number 64 of 260 G5 MEMORANDUM TO: City Manager Chuck Ahl FROM: Chief of Police Paul P. Schnell DATE: August 23, 2013 SUBJECT: Approval of School Resource Officer Contract With School District 622 Introduction The City of Maplewood Police Department would like to enter into a contract with North St. Paul- Maplewood-Oakdale School District 622 to provide School Resource Officer services, and City Council approval is required. Background For the past several decades, the Maplewood Police Department has provided School Resource Officer services to School District 622. The School District, in return, has paid the City of Maplewood part of the salary costs for the officer assigned to this position. City Council approval is requested to enter into a Contract For Services with School District 622 for School Resource Officer services from July 1, 2013, through June 30, 2014. The School District will pay $60,000, in four equal payments of $15,000 each, throughout the school year. The contract is for the officer’s salary only and does not include any fringe benefits, unemployment compensation, or Workers Comp. Both parties have the right to cancel the contract at any time should funding for this position cease for any reason. Budget Impact The City will receive payment of $60,000 over the course of the 2013-2014 school year for School Resource Officer services to School District 622. Recommendation It is recommended that the City Council approve the contract between the City of Maplewood and North St. Paul-Maplewood-Oakdale School District 622 for School Resource Officer services and that the Finance Director be authorized to make any necessary budget adjustments. Attachments School District 622 Contract For Services. Packet Page Number 65 of 260 Packet Page Number 66 of 260 G6 MEMORANDUM TO: Charles Ahl, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: August 30, 2013 SUBJECT: Approval of a Resolution for a Temporary Lawful Gambling Permit for the Good Samaritan Society-Maplewood Introduction An application has been submitted for a lawful gambling temporary permit by Debra Bland on behalf of the Good Samaritan Society-Maplewood, 555 E Roselawn Avenue. The lawful gambling permit will allow a raffle to be conducted at the Family Council Turkey Dinner, which the society hosts annually. The event will be held on Wednesday, November 20, 2013 and proceeds will go towards supplies benefiting the residents at Good Samaritan Society – Maplewood. In order for the State of Minnesota to issue a temporary lawful gambling permit, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premise permit for lawful gambling is approved for the Good Samaritan Society – Maplewood, 550 Roselawn Avenue in Maplewood. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that the Council approve the above Resolution for a Temporary Lawful Gambling permit for the Good Samaritan Society – Maplewood, 550 E Roselawn Avenue. Packet Page Number 67 of 260 Item G7 MEMORANDUM TO: City Manager, Chuck Ahl FROM: IT Director, Mychal Fowlds SUBJECT: Approval of Installation of Fiber Optics on the City Hall Campus DATE: September 3, 2013 Introduction We currently utilize a patchwork of connections to communicate with the City of Roseville. Fiber optics were recently installed on White Bear Avenue that will connect us directly to the City of Roseville along with our EOC, Fire Station 2. Background As stated above, currently we make many hops to get back to the City of Roseville as they do to connect to us as well. This connection is important in that we are currently replicating many of our servers and resources between each other. In other words, if something happens at either site we have redundancy in that the other site continues to function. Currently we are hampered by a bottleneck that is restricting the amount of data that can be sent across the current connection. Connecting to the newly ran fiber optics on White Bear Avenue will give us a direct connection to the City of Roseville which will provide us with the connectivity speeds we need for years to come. The new connectivity will also allow for additional shared services and personnel between our two Cities. A secondary benefit to this is that we will also be able to connect to Fire Station 2 directly as well. This is important because of Station 2’s current role as the City EOC. The proposed connection will run along City owned property from the south side of City Hall west to White Bear Avenue. Budget Impact The fiber optic installation cost not to exceed $29,500 has been planned for and will be funded from the 2013 IT Fund. Recommendation It is recommended that approval be given for the installation of fiber optics on the City Hall Campus. Attachments 1. Requisition Packet Page Number 68 of 260 Mail Purchase Order?Yes No Fax Purchase Order?Yes No Requested by: Fax # (If needed)Signed Date Purchase Order No. (Assigned by Finance Dept.)City Mgr. or his/her designee Approval: FUND ACTIVTY ACCOUNT Signed Date Approved by City Council:Date Finance Department Approval: TOTAL Signed Date FOR ACCOUNTING USE ONLY: S:\FINANCE\Forms\AP-Requisition AMOUNT - 6,500.00 White Bear Avenue 1 VENDOR NUMBER Sales Tax @ .06875 Total Deliver to PROGRAM Name and address of recommended bidder 26,699.97$ Unit Price Amount 28,535.59$ 26,699.97 26,699.97 1,835.62$ Amount 31,635.00$ Check one City of Maplewood 1830 County Road B East Maplewood, MN 55109 5005 Cheshire Parkway North, Suite 1 Access Communications Plymouth, MN 55446 23,100.00 2,035.00$ 1 48 strands of fiber optics from City Hall to 29,600.00$ 23,100.00 Splicing of fiber optics at White Bear Avenue (this was included in Access Comm bid) Unit Price 6,500.00 Names of Bidders Dell-Com Access Communications If low bidder is not recommended or only a single bid has been obtained, include a full explanation of reasons. Freight Subtotal Quantity Description REQUISITION CITY OF MAPLEWOOD, MINNESOTA (This is NOT a Purchase Order) Packet Page Number 69 of 260 Packet Page Number 70 of 260 Quote Date: August 3, 2012 Good Thru:(30 days from quoted date) Quoted To:City of Maplewood Contact Name:Mychal Fowlds 1830 County Road B East Contact Phone:Ph: (651) 249-2000 Maplewood, MN 55109 Contact Fax: Job Location: City of Maplewood Quote Description: Campus Fiber Project Qty Description Price Ext.Total 1 Materials 4,933.97$ 4,933.97$ 1 Labor 21,516.00$ 21,516.00$ 1 Permit Processing Fees 250.00$ 250.00$ Locates per year 570.00$ (Excluding Permit Fees, Eng. As builts, tax and freight)Total :26,699.97$ Scope of Work: Installation of EMT Termination and Splicing OTDR testing NOTE: 5005 Cheshire Parkway North, Suite 1, Plymouth, MN 55446-3719 Phone: 763-545-9998 Fax: 763-545-1494 Quote doesn't Include splice at Maplewood Community Center Installation of 48 strand single mode fiber from Public Right of Way to City Hall NOTE: Route Map: Quote doesn't Include splice at Maplewood Community Center Packet Page Number 71 of 260 Item G8 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Mychal Fowlds, IT Director SUBJECT: Approval of Resolution Directing Modification of Existing Construction Contract, Change Order 3 with Weber, Inc., Police Department Expansion Project – Phase 2 DATE: September 3, 2013 INTRODUCTION The City Council will consider approving the attached resolution directing the modification of the existing construction contract for the Police Department Expansion Project – Phase 2. BACKGROUND On April 29, 2013, the Council awarded Weber, Inc. a construction contract for the build out of offices and modification of existing areas in 1830 County Road B East in the amount of $359,000. There have been 2 change orders to the contract to date in the amount of $12,176.85. DISCUSSION The modifications consist primarily of small changes due to items found during the demolition of existing areas. These modifications result in an increase to the overall construction contract. Sheetrock & HVAC changes (Addition) During demolition portion it was noticed that in the new server room and the adjacent storage room there was a vent that was below the 9’ ceiling. This vent needed to be enclosed in sheetrock and is part of this change. Additionally, in working with the Police Department we moved the investigation computer lab to allow for a closer proximity to the officers who will be working there. This required changes to the HVAC vents which is also part of this change. Time extension (No Cost Changes) Add 13 calendar days for substantial completion. No extension requested for final completion. The change order costs are summarized below: Change Order #3 Amount 1 Sheetrock & HVAC changes $ 2,708.78 Total Change Order No. 3 $ 2,708.78 BUDGET Approval of Change Order No. 3 will increase the project construction contract amount by $2,708.78 Packet Page Number 72 of 260 Item G8 from $371,176.85 to $373,885.63. No adjustments to the approved budget are needed at this time. RECOMMENDATION Staff recommends that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No. 3, for the Police Department Expansion Project – Phase 2. ATTACHMENTS 1. Resolution directing modification of existing construction contract, change order no. 3 2. Change order form Packet Page Number 73 of 260 Item G8 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT POLICE DEPARTMENT EXPANSION PROJECT - PHASE 2, CHANGE ORDER NO. 3 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Police Department Expansion Project – Phase 2, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Police Department Expansion Project – Phase 2, Change Order No. 3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor is hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an increase of $2,708.78. The revised contract amount is $373,885.63. Adopted by the Maplewood City Council on this 9th day of September 2013. Packet Page Number 74 of 260 Item G8 CHANGE ORDER CITY OF MAPLEWOOD PROJECT NAME: Police Department Expansion Project - Phase 2 CONTRACTOR: Weber, Inc. CHANGE ORDER NO.: Three (3) DATE: September 9, 2013 The following changes shall be made in the contract documents: ADD BID SCHEDULE CO #3 – CHANGE ORDER NO. 3 Item No. Item Description Amount 1 Sheetrock & HVAC changes $ 2,708.78 2 Time extension as listed in report $ 0.00 TOTAL SCHEDULE CO #3 $2,708.78 TOTAL NET CHANGE ORDER NO. 3 $2,708.78 CONTRACT STATUS: Original Contract: $359,000.00 Net Change of Prior Changes: $12,176.85 Change this Change Order: $2,708.78 Revised Contract: $373,885.63 Recommended By: SEH, Inc. By: Date: Agreed to By: Weber, Inc. By: Date: Approved By: City of Maplewood By: Date: Packet Page Number 75 of 260 G9 MEMORANDUM TO: City Manager Chuck Ahl FROM: Chief of Police Paul P. Schnell DATE: August 26, 2013 SUBJECT: Approval of Joint Powers Agreement Renewal With Minnesota Crimes Against Children Task Force (MICAC) a) Approval of Resolution for Minnesota Crimes Against Children Task Force (MICAC) Introduction City Council approval is requested to renew the multi-agency Joint Powers Agreement with the Minnesota Department of Public Safety/Bureau of Criminal Apprehension for the Minnesota Crimes Against Children Task Force (MICAC). Approval of a Resolution for Chief Schnell to be designated as the legal authority/authorized representative for signing future Joint Powers Agreements and Amendments, which is required by the Bureau of Criminal apprehension, is also requested. Background In April 2011, the Maplewood City Council approved the Police Department entering into a Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension to participate in the multi-agency Minnesota Internet Crimes Against Children Task Force. This Task Force is intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers and to disrupt and dismantle organizations engaging in such activity. It also assists law enforcement by providing funding for equipment, training and expenses (including travel and overtime funding) which are incurred as a result of such investigations. This Joint Powers Agreement was renewed in September 2012, and that renewal has now expired. Approval is being requested to again renew the Joint Powers Agreement, which will then be in effect through May 31, 2016. Budget Impact None. Recommendation It is recommended that: Approval be given to sign the MICAC Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension. Packet Page Number 76 of 260 Approval be given for the Resolution authorizing Chief Schnell to be the legal authority/authorized representative to sign future Joint Powers Agreements and Amendments. Attachments Multi-Agency Law Enforcement Joint Powers Agreement. Resolution Approving State of Minnesota Joint Powers Agreement With The City Of Maplewood On Behalf Of Its Police Department. Packet Page Number 77 of 260 Packet Page Number 78 of 260 Packet Page Number 79 of 260 Packet Page Number 80 of 260 Packet Page Number 81 of 260 Packet Page Number 82 of 260 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENT WITH THE CITY OF MAPLEWOOD ON BEHALF OF ITS POLICE DEPARTMENT WHEREAS, the City of Maplewood, on behalf of its Police Department, desires to enter into a Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension, to participate in the Minnesota Internet Crimes Against Children Task Force; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, as follows: 1. That the State of Minnesota Joint Powers Agreement, by and between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, and the City of Maplewood, on behalf of its Police Department, is hereby approved. 2. That Police Chief Paul Schnell, or his successor, is designated the Legal Authority/Authorized Representative for the Maplewood Police Department. The Legal Authority/Authorized Representative is also authorized to sign any subsequent Amendments or Agreements that may be required by the State of Minnesota to maintain participation in this Joint Powers Agreement. 3. That Will Rossbach, the Mayor for the City of Maplewood, and Karen Guilfoile, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreement. Adopted this 9th day of September 2013 by the City Council of Maplewood, Minnesota. ____________________________________ ____________________________________ Will Rossbach, Mayor Karen Guilfoile, City Clerk Packet Page Number 83 of 260 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 84 of 260 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Tom Ekstrand, Senior Planner DATE: September 3, 2013 SUBJECT: Approval of Warehousing in Business Commercial Districts by Conditional Use Permit Ordinance—First Reading Introduction Proposal U-Haul, located at 2242 White Bear Avenue, would like to buy the neighboring Goodwill Store, now closed, and expand their business to that site. They would use this building for warehousing. The city ordinance, however, does not permit warehousing in a BC district. The zoning code allows warehousing in the M1 district, but code does not mention warehousing as a permitted or a conditional use in BC. Part of U-Haul’s proposal is also to use the Goodwill parking lot for truck and trailer parking and rental. Refer to the letter from Daniela Warren. The planning commission recommended that the city council approve this code amendment. Request Amend the BC district ordinance to allow warehousing by CUP. Background Sections 44-511 (permitted uses) and 44-512 (conditional uses), in the BC District regulations, do not permit warehousing. Warehousing is not mentioned, therefore, it is not allowed. Warehouses are allowed in the M1 (light manufacturing) district, indicating that it was clearly the intent of the code to allow warehousing in those areas but not in other zoning districts. Budget Impact None Discussion Code Amendment to Allow Warehousing by CUP The BC ordinance already allows “exterior storage” by a CUP as follows: “the exterior storage, display, sale or distribution of goods or materials, but not including a junkyard, salvage automobile, or other wrecking yard. The city may require screening of such uses pursuant to the screening requirements of subsection (6.a.) of this section.” H1 Packet Page Number 85 of 260 Staff does not see a problem with the applicant’s request to amend the ordinance for indoor storage or warehousing by CUP, since the code already allows exterior storage by CUP. It should be understood, though, that the city has land zoned BC in some highly visible locations that would not be appropriate for warehousing, such as the Maplewood Mall area as an example. If the council amends the ordinance to allow warehousing by CUP, this would permit warehouses by CUP in any BC district, not just the former Goodwill site. Findings to Approve a CUP The zoning ordinance requires that the city council determine that all nine “standards” for CUP approval be met to allow a CUP. Therefore, to approve a CUP for warehousing, the council would need to determine that a proposed warehouse would: • Comply with the city’s comprehensive plan and zoning code. • Maintain the existing or planned character of the neighborhood. • Not depreciate property values. • Not cause any disturbance or nuisance. • Not cause excessive traffic. • Be served by adequate public facilities and police/fire protection. • Not create excessive additional costs for public services. • Maximize and preserve the site’s natural and scenic features. • Not cause adverse environmental effects. Truck and Trailer Rental on the Former Goodwill Site Section 44-512(5), under conditional uses, states the following: (5) For motor vehicles, the following activities (allowed conditionally), if not within 350 feet of any property that the city is planning for residential use: a. The sale or leasing of used motor vehicles. b. The storage or rental of motor vehicles. The important point in this ordinance is that vehicle sale, storage or rental activities must be at least 350 feet from property planned for residential use. The former Goodwill site is directly next to (north of) the townhomes to the south and is 170 feet from the residential land across Van Dyke Street. Amending the ordinance to allow indoor storage activities by CUP would not allow U-Haul the full use of the Goodwill property since code prohibits vehicle rentals closer than 350 feet to residential property. The applicant would have to apply for a variance from the 350-foot distance requirements from residential property to expand their rental activities to this site. This is a substantial request and would be difficult for the city to approve. H1 Packet Page Number 86 of 260 Commission Actions On July 16, 2013, the planning commission considered U-Haul’s request and were supportive of a code amendment to allow warehousing in BC districts by CUP. They requested that staff present them with an ordinance amendment for their review. Their reasons were that they acknowledged U-Haul as a long-term member of the Maplewood business community. They wanted to help them grow and to show support. In addition, the Goodwill property has been vacant for two years and this would be a use for that unused property. The planning commission, however, expressed a concern that amending the ordinance to allow warehousing in BC districts would affect all BC districts throughout the city where such a use may not be appropriate. On August 20, 2013, the planning commission recommended that the city council adopt this code amendment. The planning commission also expressed their support of a variance from the 350-foot spacing requirement for U-Haul to park trucks and trailers on the former Goodwill Store parking lot. Summary If the city council agrees with this proposed ordinance amendment, the process would require that the applicant submit a CUP application for warehousing in the former Goodwill building. The applicant would also need to apply for a variance to park rental trucks and trailers within 350 feet of the nearby and abutting residential properties. Even though the planning commission supported a setback variance for rental vehicle parking, the community design review board, planning commission and finally the city council would need to review these requests. Staff would study the need for screening at that time when considering warehousing and a reduced parking setback. Recommendation Adopt the resolution amending Section 44-512(4) to allow warehousing in BC (business commercial) districts by conditional use permit. Attachments 1. Ordinance Amendment to Section 44-17 2. Zoning Map U-Haul/Goodwill Area 3. Land Use Plan Map of U-Haul/Goodwill Area 4. Aerial Photo 5. BC Zoning Ordinance 6. Letter from Daniela Warren dated May 29, 2013 7. Certificate of Survey 8. Planning Commission Minutes dated August 20, 2013 p:\ ORD\Warehousing in BC Districts\Code Amendment Report for Warehousing in BC Districts CC Report 9 13 te H1 Packet Page Number 87 of 260 Attachment 1 ORDINANCE NO. ___ AN ORDINANCE AMENDMENT TO ALLOW WAREHOUSING IN BC (BUSINESS COMMERCIAL) ZONINING DISTRICTS BY CONDITIONAL USE PERMIT The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined.) Section 1. Section 44-512(4) of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 44-512. Conditional Uses. In a BC business commercial district, the following uses must have a conditional use permit: (4) Warehouses, the exterior storage, display, sale or distribution of goods or materials, but not including a junkyard, salvage automobile, or wrecking yard. The city may require screening of such uses pursuant to the screening requirements of subsection (6.a.) of this section. Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on ___________. _________________ Mayor Attest: ______________________ City Clerk H1 Packet Page Number 88 of 260 H1 Packet Page Number 89 of 260 H1 Packet Page Number 90 of 260 H1 Packet Page Number 91 of 260 H1 Packet Page Number 92 of 260 H1 Packet Page Number 93 of 260 H1 Packet Page Number 94 of 260 H1 Packet Page Number 95 of 260 H1 Packet Page Number 96 of 260 H1 Packet Page Number 97 of 260 August 20, 2013 Planning Commission Meeting Minutes 1 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 20, 2013 6. NEW BUSINESS a. Ordinance Amendment for Warehousing in BC (business commercial) districts. i. Senior Planner, Tom Ekstrand gave the report and answered questions of the commission. ii. President U-Haul, Bill Piette, 9890 Highway 65, Blaine, addressed and answered questions of the commission. Commissioner Trippler moved to approve the resolution amending Section 44-512 (4) to allow warehousing in BC (business commercial) districts by conditional use permit. Seconded by Commissioner Kempe. Ayes - All The motion passed. Commissioner Donofrio moved that the commission is in support of the parking variance as discussed at the August 20, 2013, Planning Commission meeting. Seconded by Commissioner Trippler. Ayes – All The motion passed. This item goes to the city council September 9, 2013. H1 Attachment 8 Packet Page Number 98 of 260 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Nick Carver, Assistant Building Official Melinda Coleman, Assistant City Manager DATE: September 3, 2013 SUBJECT: Approval of Green Building Program Ordinance – First Reading Introduction The City adopted an energy efficiency and conservation strategy in December 2009. The strategy was required as part of the City’s energy efficiency conservation block grant. One purpose for the strategy is to help establish policies and priorities to move Maplewood in the direction of improved long-term operational energy efficiency. Implementation of the strategy includes the adoption of energy policies that will ensure achievement of the City’s energy goals. This green building program ordinance will assist in the promotion of green building practices throughout the City. The city of Maplewood will lead by example and provide incentives for others to accomplish similar goals. Background Just over three years ago the Maplewood city council approved an exploratory green building program search that would promote a city wide green building program that would be effective and produce efficient results. After detailed analysis the building inspection division of the community development department partnered with the International Code Council to assist in the development of the National Green Building Standards for residential buildings and the International Green Construction Code for commercial buildings. The city of Maplewood is recognized as a leader in “green building” and bridging the gap for progress. A seminar was constructed where all the Maplewood Community Boards and the City Council were presented with a complete description of the National Green Building Standards and the International Green Construction Codes including an incentive plan and implementation schedule. Budget Impact None H2 Packet Page Number 99 of 260 Discussion On May 01, 2012, the 2012 International Green Construction Code (IgCC) publication was released. The following is a condensed outlined detail of the proposed ordinance and some commonly asked questions. 1. The ordinance should promote green building construction in all property zones. • This ordinance will accomplish these goals by including all occupancy groups, construction types and property zones. 2. The green building ordnance is mandatory for all city-owned and city-financed buildings. • City-owned buildings and projects are covered as “mandatory” by this ordinance. City-owned existing buildings will be prioritized for compliance with the 2012 IgCC Chapter 10. All city-financed buildings and projects will be considered by the City Manager, or designee, and approved by the city council to determine inclusion in this green building program. 3. How does the ordinance address the city’s existing buildings? • City-owned existing buildings and projects will be prioritized for compliance with the 2012 IgCC Chapter 10. Compliance of all city buildings up to 10 years from adoption date. 4. National Green Building Standards (residential) content. 5. International Green Construction Code (commercial) content. 6. How does the incentive plan function? • The Community Development Director and Building Official shall annually consider an incentive plan. • The Community Development Director and Building Official shall establish a budget item for the “Maplewood Green Building Program”. • The Community Development Director and Building Official shall establish the residential performance level and monetary incentive rewards. • The Community Development Director and Building Official shall establish “certificates of compliance” to be awarded. • The Community Development Director and Building Official shall establish a community recognition agenda profile. REQUIREMENTS DETERMINED BY THE JURISDICTION SYNOPSIS (Maplewood) Table 302.1 outlines the jurisdictional requirements which must be completed by the City of Maplewood. This table provides an opportunity for the city to customize the 2012 IgCC beyond the minimum requirements and meet local environmental priorities. A response to all categories is required to be addressed. H2 Packet Page Number 100 of 260 TABLE 302.1 REQUIREMENTS DETERMINED BY THE JURISDICTION Section Section Title or Description and Directives Jurisdictional Requirements CHAPTER 1. SCOPE 101.3 Exception 1.1 Detached one- and two-family dwellings and multiple single-family dwellings (town-houses) not more than three stories in height above grade plane with a separate means of egress, their accessory structures, and the site or lot upon which these buildings are located, shall comply with ICC 700. X Yes  No 101.3 Exception 1.2 Group R-3 residential buildings, their accessory structures, and the site or lot upon which these buildings are located, shall comply with ICC 700. X Yes  No 101.3 Exception 1.3 Group R-2 and R-4 residential buildings four stories or less in height above grade plane, their accessory structures, and the site or lot upon which these buildings are located, shall comply with ICC 700.  Yes X No CHAPTER 4. SITE DEVELOPMENT AND LAND USE 402.2.1 Flood hazard area preservation, general  Yes X No 402.2.2 Flood hazard area preservation, specific  Yes X No 402.3 Surface water protection  Yes X No 402.5 Conservation area  Yes X No 402.7 Agricultural land  Yes X No 402.8 Greenfield sites  Yes X No 407.4.1 High-occupancy vehicle parking  Yes X No 407.4.2 Low-emission, hybrid and electric vehicle parking  Yes X No 409.1 Light pollution control  Yes X No CHAPTER 5. MATERIAL RESOURCE CONSERVATION AND EFFICIENCY 503.1 Minimum percentage of waste material diverted from landfills  50%  65% X 75% CHAPTER 6. ENERGY CONSERVATION, EFFICIENCY AND CO²𝑒𝑒 EMISSION REDUCTION 302.1, 302.1.1, 602.1 zEPI of Jurisdictional Choice – The jurisdiction shall indicate a zEPI of 46 or less in each occupancy for which it intends to require enhanced energy performance. Occupancy: na zEPI: na 604.1 Automated demand response infrastructure  Yes X No CHAPTER 7. WATER RESOURCE CONSERVATION, QUALITY AND EFFICIENCY 702.7 Municipal reclaimed water  Yes X No CHAPTER 8. INDOOR ENVIRONMENTAL QUALITY AND COMFORT 804.2 Post-Construction Pre-Occupancy Baseline IAQ Testing  Yes X No H2 Packet Page Number 101 of 260 807.1 Sound Transmission and sound levels  Yes X No CHAPTER 10. EXISTING BUILDINGS 1007.2 Evaluation of existing buildings X Yes  No 1007.3 Post Certificate of Occupancy zEPI, energy demand, and CO²𝑒𝑒 emissions reporting  Yes X No The following is an explanation to the table response. CHAPTER 1. Scope This chapter indicates that the National Green Building Standards will be the base document for detached one- and two- family dwellings, multiple single-family dwellings (townhouses) not more than three stories in height. Group R-3 residential buildings, their accessory structures, and the site or lot upon which these buildings are located. Group R-2 and R-4 shall comply with the 2012 International Green Construction Code as a base document. CHAPTER 4. Site Development and Land Use The requirements listed are considered covered and protected by current city ordinances as established by Public Works and Community Development departments. Indicating a “no” answer allows those departments to operate as established. CHAPTER 5. Material Resource Conservation and Efficiency The IgCC minimum requirement is that not less than 50% of nonhazardous construction waste be diverted from landfill disposal. Research indicates that the city of Maplewood and the state of Minnesota have ample waste management resource programs to increase this requirement to a minimum of 75%. CHAPTER 6. Energy Conservation, Efficiency and CO2 Emission Reduction The city of Maplewood has not deleted IgCC Chapter 6 but rather has deemed this Chapter 6 as optional. The 2012 International Energy Conservation Code will typically be used as the base document for all energy related issues. No increase is necessary. CHAPTER 7. Water Conservation Municipal reclaimed water is not available to the city of Maplewood at this time. No increase is necessary. CHAPTER 8. Indoor Environmental Quality and Comfort The city of Maplewood agrees that the base document minimums meet all the requirements necessary for indoor air and sound transmission quality. H2 Packet Page Number 102 of 260 CHAPTER 10. Existing Buildings All city of Maplewood owned buildings and city of Maplewood financed buildings shall meet the requirements specified in 2012 IgCC Section 1007.2. As part of Maplewood’s sustainability goals all “covered” buildings shall be brought into compliance with this code. “Covered” existing buildings will be prioritized for compliance. EXCEPTIONS AND DELETIONS TO THE BASE DOCUMENTS 1. 2012 International Green Construction Code Section 101.3, exception 4 shall be deleted. NOTE: This deletion prevents ASHRAE 189.1 as an optional design choice compliance path. 2. 2012 International Green Construction Code Section 301.1.1 shall be deleted. NOTE: This deletion prevents ASHRAE 189.1 as an optional design choice compliance path. 3. 2012 International Green Construction Code Chapter 6 shall be an optional chapter. Chapter 6 or the 2012 International Energy Conservation Code shall be used, but not both or portions of both. Recommendation Staff recommends approval of the proposed green building program ordinance. Attachments 1. Proposed Green Building Program Ordinance P:/com_dvpt/ord/green building ordinance H2 Packet Page Number 103 of 260 Attachment 1 ORDINANCE NO. _____ AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING THE GREEN BUILDING PROGRAM The Maplewood City Council approves the following addition to the Maplewood Code of Ordinances. This ordinance creates a new green building ordinance which will be placed in the Building Chapter (Chapter 12) of the city code. Section 1. Scope. This ordinance applies to the regulations of “green building” within the City of Maplewood, Ramsey County, Minnesota. This ordinance focuses on residential, commercial and industrial buildings in the City of Maplewood. This ordinance applies to City of Maplewood owned and financed buildings as determined by the City Manager and approved by the City Council. Other buildings within the City of Maplewood are NOT subject to the code provisions of this ordinance unless the building owner or representative accepts these provisions as a volunteer commitment. The City of Maplewood shall establish an incentive plan for private property choosing the voluntary commitment. Section 2. Purpose and Intent. It is the goal of the City of Maplewood to provide green building program provisions consistent with the scope of a green construction code. This green building program is intended to safeguard the environment, public health, safety and general welfare through the establishment of requirements to reduce the negative impacts and increase the positive impacts of the built environment on the natural environment and building occupants. The green building program is not intended to abridge or supersede safety, health or environmental requirements under other applicable codes or ordinances. Section 3. Base Documents. a. ICC 700-2008 National Green Building Standards. This Standard applies to detached one and two-family dwellings and multiple single family dwellings (town-houses) not more than three stories in height above grade plane with a separate means of egress, their accessory structures, and the site or lot upon which these buildings are located. This Standard shall also be used for subdivisions, building sites, alterations, additions, renovations, mixed-use residential buildings, and historic buildings, where applicable. b. 2012 International Green Construction Code. The provisions of this code shall apply to the design, construction, addition, alteration, change of occupancy, relocation, replacement, repair, equipment, building site, maintenance, removal and demolition, of every building or structure or any H2 Packet Page Number 104 of 260 appurtenances connected or attached to such buildings or structures and to the site on which the building is located. TABLE 302.1 c. REQUIREMENTS DETERMINED BY THE JURISDICTION (MAPLEWOOD) Section Section Title or Description and Directives Jurisdictional Requirements CHAPTER 1. SCOPE 101.3 Exception 1.1 Detached one- and two-family dwellings and multiple single-family dwellings (town-houses) not more than three stories in height above grade plane with a separate means of egress, their accessory structures, and the site or lot upon which these buildings are located, shall comply with ICC 700. X Yes  No 101.3 Exception 1.2 Group R-3 residential buildings, their accessory structures, and the site or lot upon which these buildings are located, shall comply with ICC 700. X Yes  No 101.3 Exception 1.3 Group R-2 and R-4 residential buildings four stories or less in height above grade plane, their accessory structures, and the site or lot upon which these buildings are located, shall comply with ICC 700.  Yes X No CHAPTER 4. SITE DEVELOPMENT AND LAND USE 402.2.1 Flood hazard area preservation, general  Yes X No 402.2.2 Flood hazard area preservation, specific  Yes X No 402.3 Surface water protection  Yes X No 402.5 Conservation area  Yes X No 402.7 Agricultural land  Yes X No 402.8 Greenfield sites  Yes X No 407.4.1 High-occupancy vehicle parking  Yes X No 407.4.2 Low-emission, hybrid and electric vehicle parking  Yes X No 409.1 Light pollution control  Yes X No CHAPTER 5. MATERIAL RESOURCE CONSERVATION AND EFFICIENCY 503.1 Minimum percentage of waste material diverted from landfills  50%  65% X 75% CHAPTER 6. ENERGY CONSERVATION, EFFICIENCY AND CO²𝑒𝑒 EMISSION REDUCTION 302.1, 302.1.1, 602.1 zEPI of Jurisdictional Choice – The jurisdiction shall indicate a zEPI of 46 or less in each occupancy for which it intends to require enhanced energy performance. Occupancy: na zEPI: na 604.1 Automated demand response infrastructure  Yes X No CHAPTER 7. WATER RESOURCE CONSERVATION, QUALITY AND EFFICIENCY 702.7 Municipal reclaimed water  Yes X No H2 Packet Page Number 105 of 260 CHAPTER 8. INDOOR ENVIRONMENTAL QUALITY AND COMFORT 804.2 Post-Construction Pre-Occupancy Baseline IAQ Testing  Yes X No 807.1 Sound Transmission and sound levels  Yes X No CHAPTER 10. EXISTING BUILDINGS 1007.2 Evaluation of existing buildings X Yes  No 1007.3 Post Certificate of Occupancy zEPI, energy demand, and CO²𝑒𝑒 emissions reporting  Yes X No d. EXCEPTIONS AND DELETIONS TO THE BASE DOCUMENTS. 1. 2012 International Green Construction Code Section 101.3, exception 4 shall be deleted. 2. 2012 International Green Construction Code Section 301.1.1 shall be deleted. 3. 2012 International Green Construction Code Chapter 6 shall be an optional chapter. The 2012 International Energy Conservation Code shall be used, but not both or portions of both. Section 4. General Ordinance Provisions a. Interpretation In interpreting this ordinance and its application, the provisions of these regulations shall be held to the minimum requirements for the protection of public health, safety and general welfare as determined by the Building Official. b. Conflict Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of the code specify different materials, methods of construction or other requirements, the most practical requirement to meet the intent of the code shall govern. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. Section 5. Ordinance Placement. a. 12-41 H2 Packet Page Number 106 of 260 The city council approved the first reading of this ordinance on. The city council approved the second reading of this ordinance on. Signed: _______________________________ _______________________________ Will Rossbach, Mayor Date Attest: ________________________________ Karen Guilfoile, City Clerk H2 Packet Page Number 107 of 260 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Shann Finwall, AICP, Environmental Planner Steven Love, Assistant City Engineer DATE: September 3, 2013 for the September 9 City Council Meeting SUBJECT: Approval of Subsurface Sewage Treatment System Ordinance - First Reading Introduction The Minnesota Pollution Control Agency (MPCA) has advised the City of Maplewood that we must adopt an updated Subsurface Sewage Treatment System (SSTS) ordinance to comply with Minnesota Rules, Chapter 7080-7083. SSTS are also known as septic systems or Individual Sewage Treatment Systems. Maplewood’s current ordinance (City Code, Chapter 40, Article II, Division 5) was adopted in 2002. To aid in the ordinance update, the City is working with consultant, Bolton & Menk, Inc., to review our current ordinance and revise it to meet MPCA requirements. The revised ordinance is attached (Attachment 1). Background Rule Changes Minnesota Statutes, Section 115.55 requires that counties adopt an SSTS ordinance that complies with Minnesota Rules, Chapter 7080-7083. The majority of cities in Minnesota have delegated all responsibility for regulation and enforcement of SSTS to the county. However, Ramsey County received a special exception from the Legislature to relieve the County from the requirement to adopt an SSTS ordinance. This means that all cities in Ramsey County must adopt an ordinance regulating SSTS that is compliant with MPCA rules. The MPCA completed a major update of the Minnesota rules governing SSTS in 2008. The changes were significant enough that the City of Maplewood’s current ordinance is no longer in compliance. The deadline for the City to adopt a compliant SSTS ordinance is February 4, 2014. Existing SSTS There are currently 103 SSTS in use throughout Maplewood. Of these, 78 are required due to lack of sanitary sewer availability. The remaining 25 systems are for buildings where a sanitary sewer is available, but connections were waived due to financial hardships or excessive distance from the structure to the sewer line. A majority of the SSTS are for residential properties, with a few commercial systems in use. The attached SSTS map shows the location of properties with an SSTS system and whether the property is situated in a flood plain (Attachment 2). H3 Packet Page Number 108 of 260 Ordinance Update The updated ordinance is based on a model ordinance developed by the Association of Minnesota Counties (AMC) in cooperation with the MPCA, specifically for the purpose of complying with the 2008 SSTS rule update. Following is a summary of the major changes made to the ordinance: 1. Management Plans: Management plans are required for all new or replaced SSTS. A management plan describes operational and maintenance requirements and the frequency of each to ensure system perf ormance, including a planned course of action to prevent an illegal discharge. 2. Operating Permit: An operating permit is required for SSTS with a pretreatment device, custom engineered design, or design flow of more than 5,000 gallons per day. Operating permits specify system performance, operating, and maintenance requirements and schedules, monitoring locations, procedures, and recording requirements. 3. Compliance Inspections: Compliance inspections are required for construction of a new system; modification, upgrade, or repair of existing systems; prior to issuance of building permits for bedroom additions; expansion or change in use of the building or property being served by the system that might impact performance of the system; and at time of property transfer. Compliance inspections ensure that an SSTS is working properly. 4. Maintenance: SSTS are required to be inspected and if needed be emptied every three years. The owner must submit the required MPCA Septic Tank Maintenance Reporting Form to the City. This will allow the City to create a system of tracking the required maintenance inspections. 5. Abandonment: Requires the abandonment of SSTS no longer in use. Commission Review The Environmental and Natural Resources Commission reviewed the draft ordinance during their June and July meetings. The major changes recommended by the Commission included a requirement that compliance inspections be required at time of property transfer and that the City create a system to monitor whether property owners are obtaining the required maintenance inspections. Following is a summary of these items: 1. Compliance Inspections The ordinance will require compliance inspections under the following circumstances: a) Construction of new system. b) Modification, upgrades, or repairs of existing systems. c) Prior to issuance of building permits for bedroom additions. d) Any time there is an expansion of use of the building being served by the system that might impact performance of the system. e) Any time there is a change is use of the property being served by the system that might impact performance of the system. 2 H3 Packet Page Number 109 of 260 f) At the discretion of the City upon receipt of complaint or other notice of system malfunction. g) At time of property transfer. Compliance inspections review the following: a) Is there surfacing sewage or sewage backup into the home? b) Is the septic tank leaking? c) Is the system failing to protect groundwater (determined by vertical separation distance to periodically saturated soils)? If the answer to any of these questions is yes, then the system is non-compliant. If the answer to all questions are no, then the system is compliant and a Certificate of Compliance is issued. Certificates of Compliance expire after three years, except in the case of property transfers on systems less than five years old, where they are good for five years. When a Certificate of Compliance expires, a new compliance inspection is not required automatically. A new compliance inspection is only required if certain circumstances exist. 2. SSTS Maintenance SSTS are required to be maintained every three years. Maintenance consists of measuring the sludge and scum levels in the tank and pumping the contents of the tank if necessary. The measurement of the sludge and scum layers is sometimes referred to as inspecting the tank, but that inspection is not related to the Compliance Inspection requirement. The ordinance will require that SSTS owners submit a MPCA Septic Tank Maintenance Reporting Form to the City every three years. This will allow the City to create a system of tracking the required maintenance inspections. Budget Impact None Recommendation Approve the first reading of the Subsurface Sewage Treatment System ordinance (Attachment 1). Attachments 1. SSTS Ordinance 2. Map of Existing SSTS in Maplewood 3 H3 Packet Page Number 110 of 260 ORDINANCE NO. ____ AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING SUBSURFACE SEWAGE TREATMENT SYSTEMS The Maplewood City Council approves the following addition to the Maplewood Code of Ordinances. This ordinance replaces Chapter 40, Article II, Division 5 (Individual Sanitary Sewer Systems) in its entirety. TABLE OF CONTENTS Sec. 40-161. - INTRODUCTION ......................................................................................... 1 Sec. 40-162. - TITLE, PURPOSE AND INTENT ................................................................. 1 Sec. 40-163. - AUTHORITY ................................................................................................ 2 Sec. 40-164. - EFFECTIVE DATE ...................................................................................... 2 Sec. 40-165. - 40.195 - RESERVED ................................................................................... 2 Sec. 40-196. - DEFINITIONS .............................................................................................. 2 Sec. 40-197. - SCOPE ........................................................................................................ 6 Sec. 40-198. - JURISDICTION ........................................................................................... 6 Sec. 40-199. - ADMINSTRATION ....................................................................................... 7 Sec. 40-200. - LIABILITY .................................................................................................... 7 Sec. 40-201. - MEASUREMENT OF DISTANCES .............................................................. 7 Sec. 40-202. - INTERPRETATION OF CERTAIN ITEMS ................................................... 7 Sec. 40-203. - 40-232 - RESERVED ................................................................................... 7 Sec. 40-233. - RETROACTIVITY ........................................................................................ 7 Sec. 40-234. - UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT ................. 8 Sec. 40-235. - SSTS IN FLOODPLAINS ............................................................................. 9 Sec. 40-236. - CLASS V INJECTION WELLS ..................................................................... 9 Sec. 40-237. - SSTS PRACTITIONER LICENSING ............................................................ 9 Sec. 40-238. - PROHIBITIONS ........................................................................................... 9 Sec. 40-239. - 40-269 - RESERVED ..................................................................................10 Sec. 40-270. - STANDARDS ADOPTED BY REFERENCE ...............................................10 Sec. 40-271. - AMENDMENTS TO THE ADOPTED STANDARDS ...................................10 Sec. 40-272. - VARIANCE REQUESTS .............................................................................12 Sec. 40-273. - PERMIT REQUIRED ..................................................................................12 Sec. 40-274. - CONSTRUCTION PERMIT ........................................................................13 Sec. 40-275. - OPERATING PERMIT ................................................................................15 Sec. 40-276. - ABANDONMENT CERTIFICATION ............................................................19 Table of Contents Draft – 9/3/13 H3 Attachment 1 Packet Page Number 111 of 260 Sec. 40-277. - MANAGEMENT PLANS .............................................................................20 Sec. 40-278. - 40-309 - RESERVED ..................................................................................22 Sec. 40-310. - COMPLIANCE INSPECTION PROGRAM ..................................................22 Sec. 40-311. - 40-341 - RESERVED ..................................................................................28 Sec. 40-342. - VIOLATIONS ..............................................................................................28 Sec. 40-343. - PROSECUTION .........................................................................................29 Sec. 40-344. - STATE NOTIFICATION OF VIOLATION ....................................................29 Sec. 40-345. - COSTS AND REIMBURSEMENTS ............................................................29 Sec. 40-346. - RECORD KEEPING ...................................................................................30 Sec. 40-347. - ANNUAL REPORT .....................................................................................30 Sec. 40-348. - FEES ..........................................................................................................30 Sec. 40-349. - INTERPRETATION ....................................................................................30 Sec. 40-350. - SEVERABILITY ..........................................................................................30 Sec. 40-351. - ABROGATION AND GREATER RESTRICTIONS ......................................30 Table of Contents Draft – 9/3/13 H3 Attachment 1 Packet Page Number 112 of 260 Sec. 40-161. - INTRODUCTION This is an Ordinance authorizing and providing for sewage treatment and soil dispersal in unsewered areas of the City. It establishes: 1. Minimum standards for and regulation of Individual Sewage Treatment Systems (ISTS) and mid-sized Subsurface Sewage Treatment Systems (MSTS) (collectively referred to as SSTS) in unsewered areas of the City of Maplewood incorporating by reference minimum standards established by Minnesota statutes and administrative rules of the Minnesota Pollution Control Agency (MPCA), 2. Requirements for issuing permits for installation, alteration, repair or expansion of SSTS, 3. Requirements for all SSTS permitted under the revised Minnesota Rules, Chapters 7080 and 7081 to be operated under an approved management plan, 4. Standards for upgrade, repair, replacement, or abandonment of SSTS, 5. Penalties for failure to comply with these provisions, 6. Provisions for enforcement of these requirements, and 7. Standards which promote the health, safety and welfare of the public as reflected in Minnesota Statutes, Sections 115.55, 145A.05, the City Comprehensive Plan and the City Zoning Ordinance. Sec. 40-162. - TITLE, PURPOSE AND INTENT (a) Title The City ordains Division 5 of the City Code the “City of Maplewood Subsurface Sewage Treatment System (SSTS) Ordinance.” (b) Purpose The purpose of this Ordinance is to establish minimum requirements for regulation of ISTS and MSTS for the treatment and dispersal of sewage within the applicable jurisdiction of the City to protect public health and safety, groundwater quality, and prevent or eliminate the development of public nuisances. It is intended to serve the best interests of the City’s citizens by protecting its health, safety, general welfare, and natural resources. (c) Intent It is intended by the City that this Ordinance will promote the following: (1) The protection of lakes, rivers and streams, wetlands, and groundwater in Page 1 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 113 of 260 the City of Maplewood essential to the promotion of public health, safety, welfare, socioeconomic growth and development of the City. (2) The regulation of proper SSTS construction, reconstruction, repair and maintenance to prevent the entry and migration of contaminants, thereby protecting against the degradation of surface water and groundwater quality. (3) The establishment of minimum standards for SSTS placement, design, construction, reconstruction, repair and maintenance to prevent contamination and, if contamination is discovered, the identification and control of its consequences and the abatement of its source and migration. (4) The appropriate utilization of privy vaults and other non-water carried sewage collection and storage facilities. (5) The provision of technical assistance and education, plan review, inspections, SSTS surveys and complaint investigations to prevent or control water-borne diseases, lake degradation, groundwater related hazards, and public nuisance conditions. Sec. 40-163. - AUTHORITY This Ordinance is adopted pursuant to Minnesota Statutes, Section 115.55; Minnesota Statutes, Section 145A.05; or successor statutes, and Minnesota Rules, Chapter 7080, Chapter 7081, Chapter 7082, or successor rules. Sec. 40-164. - EFFECTIVE DATE The provisions set forth in this Ordinance shall become effective on (DATE). Sec. 40-165. - 40.195 - RESERVED Sec. 40-196. - DEFINITIONS The following words and phrases shall have the meanings ascribed to them in this Section. If not specifically defined in this Section, terms used in this Ordinance shall have the same meaning as provided in the standards adopted by reference. Words or phrases that are not defined here or in the standards adopted by reference shall have common usage meaning. For purposes of this Ordinance, the words “must” and “shall” are mandatory and the words “may” and “should” are permissive. Page 2 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 114 of 260 Authorized Representative: An employee or agent of the City of Maplewood. Class V Injection Well: A shallow well used to place a variety of fluids directly below the land surface, which includes a domestic SSTS serving more than twenty (20) people. The U.S. Environmental Protection Agency and delegated state groundwater programs permit these wells to inject wastes below the ground surface provided they meet certain requirements and do not endanger underground sources of drinking water. Class V motor vehicle waste disposal wells and large-capacity cesspools are specifically prohibited (see 40 CFR Parts 144 & 146). Cluster System: A SSTS under some form of common ownership that collects wastewater from two or more dwellings or buildings and conveys it to a treatment and dispersal system located on an acceptable site near the dwellings or buildings. City: City of Maplewood, Minnesota. City Council: The City of Maplewood City Council. City Manager: The City Manager of the City of Maplewood, Minnesota. Department: The City of Maplewood Department designated by the City Manager to administer SSTS. Design Flow: The daily volume of wastewater for which a SSTS is designed to treat and discharge. Flood Plain: The channel or beds proper and the areas adjoining a wetland, watercourse or lake which a regional flood may have or could hereafter cover. Floodplain areas within the City shall include all areas shown as zone A or zone AE on the flood insurance rate map. Refer to the City Floodplain Ordinance for further definitions. Failure to Protect Groundwater: At a minimum, a SSTS that does not protect groundwater is considered to be a seepage pit, cesspool, drywell, leaching pit, or other pit; a SSTS with less than the required vertical separation distance, described in Minnesota Rules, Chapter 7080.1500 Subp. 4 D and E; and a system not abandoned in accordance with Chapter 7080.2500. The determination of the threat to groundwater for other conditions must be made by a Qualified Employee or an individual licensed pursuant to Section 40-237 hereof. Imminent Threat to Public Health and Safety: At a minimum a SSTS with a discharge of sewage or sewage effluent to the ground surface, drainage systems, ditches, storm water drains, or directly to surface water; SSTS that cause a reoccurring sewage backup into a dwelling or other establishment; SSTS with electrical hazards; or sewage tanks with unsecured, damaged, or weak maintenance access covers. The determination of protectiveness for other conditions must be made by a Qualified Employee or a SSTS inspection business licensed pursuant to Section 5 hereof. Page 3 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 115 of 260 ISTS: An individual sewage treatment system having a design flow of no more than 5,000 gallons per day. Industrial Waste: Sewage containing waste from activities other than sanitary waste from industrial activities including, but not limited to, the following uses defined under the Standard Industrial Classification (SIC) Codes established by the U.S. Office of Management and Budget. SIC CODE(S) INDUSTRY CATEGORY 753-7549 Automotive Repairs and Services 7231,7241 Beauty Shops, Barber Shops 7211-7219 Laundry Cleaning and Garment Services 4011-4581 Transportation (Maintenance only) 8062-8069 Hospitals 2000-3999 Manufacturing 2000-2099 Food Products 2100-2199 Tobacco Products 2400-2499 Lumber and Wood Products, except Furniture 2500-2599 Furniture and Fixtures 2600-2699 Paper and Allied Products 2700-2799 Printing, Publishing, and Allied Industries 2800-2899 Chemicals and Allied Products 2900-2999 Petroleum Refining and Related Industries 3000-3099 Rubber and Miscellaneous Plastics 3100-3199 Leather Tanning and Finishing 3000-3099 Rubber and Miscellaneous Plastics 3100-3199 Leather Tanning and Finishing 3200-3299 Stone, Clay, Glass, and Concrete Products 3300-3399 Primary Metal Industries 3400-3499 Fabricated Metal Products (except Machinery, and Transportation Equipment 3500-3599 Industrial and Commercial Machinery and Computer Equipment 3700-3799 Transportation Equipment 3800-3899 Measuring, Analyzing, and Controlling Instruments; Page 4 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 116 of 260 Photographic, Medical and Optical Goods; Watches and Clocks 3900-3999 Miscellaneous Manufacturing Industries Malfunction: The partial or complete loss of function of a SSTS component, which requires a corrective action to restore its intended function. Management Plan: A plan that describes necessary and recommended routine operational and maintenance requirements, periodic examination, adjustment, and testing, and the frequency of each to ensure system performance meets the treatment expectations, including a planned course of action to prevent an illegal discharge. MDH: Minnesota Department of Health Minor Repair: The repair or replacement of an existing damaged or faulty component/part of a SSTS that will return the SSTS to its operable condition. The repair shall not alter the original area, dimensions, design, specifications or concept of the SSTS. MSTS: A “midsized subsurface sewage treatment system” under single ownership that receives sewage from dwellings or other establishments having a design flow of more than 5,000 gallons per day to a maximum of 10,000 gallons per day. Notice of Noncompliance: A written document issued by the Department notifying a system owner that the owner’s onsite/cluster treatment system has been observed to be noncompliant with the requirements of this Ordinance. MPCA: Minnesota Pollution Control Agency. Qualified Employee: An employee of the state or a local unit of government, who performs site evaluations or designs, installs, maintains, pumps, or inspects SSTS as part of the individual’s employment duties and is registered on the SSTS professional register verifying specialty area endorsements applicable to the work being conducted. Record Drawings: A set of drawings which to the fullest extent possible document the final in- place location, size, and type of all SSTS components including the results of any materials testing performed and a description of conditions during construction of the system. Sewage: Waste from toilets, bathing, laundry, or culinary activities or operations or floor drains associated with these sources, including household cleaners and other constituents in amounts normally used for domestic purposes. SSTS: Subsurface sewage treatment system Including an ISTS or MSTS. State: The State of Minnesota. Treatment Level: Treatment system performance levels defined in Minnesota Rules, Chapter 7083.4030, Table III for testing of proprietary treatment products, which include the following: Page 5 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 117 of 260 Level A: cBOD5 < 15 mg/L; TSS < 15 mg/L; fecal coliforms < 1,000/100 mL. Level A-2: cBOD5 < 15 mg/L; TSS < 15 mg/L; fecal coliforms N/A Level B: cBOD5 < 25 mg/L; TSS < 30 mg/L; fecal coliforms < 10,000/100 mL. Level B-2: cBOD5 < 25 mg/L; TSS < 30 mg/L; fecal coliforms N/A Level C: cBOD5 < 125 mg/L; TSS < 80 mg/L; fecal coliforms N/A. Type I System: An ISTS that follows a standard trench, bed, at-grade, mound, or graywater system design in accordance with MPCA rules, Minnesota Rules, Chapter 7080.2200 through 7080.2240. Type II System: An ISTS on a lot located in a floodplain, a privy or a holding tank. Type III System: A custom designed ISTS having acceptable flow restriction devices to allow its use on a lot that cannot accommodate a standard Type I soil treatment and dispersal system. Type IV System: An ISTS, having an approved pretreatment device and incorporating pressure distribution and dosing, that is capable of providing suitable treatment for use where the separation distance to a shallow saturated zone is less than the minimum allowed. Type V System: An ISTS, which is a custom engineered design to accommodate the site taking into account pretreatment effluent quality, loading rates, loading methods, groundwater mounding, and other soil and other relevant soil, site, and wastewater characteristics such that groundwater contamination by viable fecal organisms is prevented. Unsewered Area: Any area within the City not served by a municipal sanitary sewer collection system permitted by the MPCA. Sec. 40-197. - SCOPE This Ordinance regulates the siting, design, installation, alterations, operation, maintenance, monitoring, and management of all SSTS within the City’s applicable jurisdiction including, but not necessarily limited to individual SSTS and cluster or community SSTS, privy vaults, and other non-water carried SSTS. All sewage generated in unsewered areas of the City shall be treated and dispersed by an approved SSTS that is sited, designed, installed, operated, and maintained in accordance with the provisions of this Ordinance or connected to municipal sanitary sewer when it is available in accordance with the City Sanitary Sewer Ordinance. The City Engineer, or his or her designee, shall determine if municipal sanitary sewer is available. Sec. 40-198. - JURISDICTION The jurisdiction of this Ordinance shall include all property within the City limits. Page 6 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 118 of 260 Sec. 40-199. - ADMINSTRATION (a) CITY ADMINISTRATION The Department shall administer the SSTS program and all provisions of this Ordinance. At appropriate times, the City shall review or revise or update this Ordinance as necessary. The City shall employ or retain under contract qualified and appropriately licensed professionals to administer and operate the SSTS program. (b) STATE OF MINNESOTA Where a single SSTS or group of SSTS under single ownership within one-half mile of each other, have a design flow greater than 10,000 gallons per day, the owner or owners shall make application for and obtain a State Disposal System permit from the MPCA. For any SSTS that has a measured daily flow for a consecutive seven- day period which equals or exceeds 10,000 gallons per day, a State Disposal System permit is required. SSTS serving establishments or facilities licensed or otherwise regulated by the State shall conform to the requirements of this Ordinance. Sec. 40-200. - LIABILITY Any liability or responsibility shall not be imposed upon the City or any of its officials, employees, or other contract agent, its employees, agents or servants thereof for damage resulting from the defective construction, operation, or abandonment of any SSTS regulated under this rule by reason of standards, requirements, or inspections authorized hereunder. Sec. 40-201. - MEASUREMENT OF DISTANCES Unless otherwise specified in this division, all distances shall be measured horizontally. Sec. 40-202. - INTERPRETATION OF CERTAIN ITEMS For the purposes of this division, certain terms or words used shall be interpreted as follows: The words “shall” and “must” are mandatory; the words “should” and “may” are permissive. Sec. 40-203. - 40-232 - RESERVED Sec. 40-233. - RETROACTIVITY (a) All SSTS Except as explicitly set forth in Section 40-233(b), all provisions of this Ordinance shall apply to any SSTS regardless of the date it was originally permitted. Page 7 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 119 of 260 (b) Existing Permits Unexpired permits which were issued prior to the effective date shall remain valid under the terms and conditions of the original permit until the original expiration date or until a change in system ownership whichever is earlier. (c) Two Soil Treatment and Dispersal Areas All lots created after January 23, 1996 must have a minimum of two soil treatment and dispersal areas that can support trenches, seepage beds, mounds, and at-grade systems as described in Minnesota Rules, Chapters 7080.2200 through 7080.2230 or site conditions described in Chapter 7081.0270, Subp. 3 through 7. If an additional soil treatment and dispersal area is available on lots created on or before January 23, 1996, it shall be identified in the site evaluation. (d) Existing SSTS without Permits Existing SSTS with no permits of record shall require a permit and be brought into compliance with the requirements of this Ordinance regardless of the date they were originally constructed. Sec. 40-234. - UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT (a) SSTS Capacity Expansions Expansion of an existing SSTS must include any system upgrades that are necessary to bring the entire system into compliance with the prevailing provisions of this Ordinance at the time of the expansion. (b) Bedroom Additions A compliance inspection is required prior to issuance of a permit for a bedroom addition. If the system is found to be non-compliant, the owner shall upgrade, repair, or replace the existing system prior to issuance of the permit for the bedroom addition. (c) Failure to Protect Groundwater A SSTS that is determined not to be protective of groundwater in accordance with Minnesota Rules, Chapter 7080.1500, Subp.4.B shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this Ordinance within three (3) months of receipt of a Notice of Noncompliance. If the Department determines that extenuating circumstances exist, this timeframe may be extended to eighteen (18) months from receipt of a Notice of Noncompliance. Page 8 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 120 of 260 (d) Imminent Threat to Public Health or Safety A SSTS that is determined to be an imminent threat to public health or safety in accordance with Minnesota Rules, Chapter 7080.1500, Subp.4A shall be upgraded, repaired, replaced or abandoned by the owner in accordance with the provisions of this Ordinance within three (3) months of receipt of a Notice of Noncompliance. If the Department determines that extenuating circumstances exist, this timeframe may be extended to ten (10) months from receipt of a Notice of Noncompliance. (e) Abandonment Any SSTS, or any component thereof, which is no longer intended to be used, must be abandoned in accordance with Minnesota Rules, Chapter 7080.2500. Sec. 40-235. - SSTS IN FLOODPLAINS SSTS shall not be located in a floodplain. Sec. 40-236. - CLASS V INJECTION WELLS All owners of new or replacement SSTS that are considered to be Class V injection wells, as defined in the Code of Federal Regulations (CFR), Title 40, Part 144, are required by the Federal Government to submit SSTS inventory information to the Environmental Protection Agency as described in CFR40, Part 144. Further, owners are required to identify all Class V injection wells in property transfer disclosures. Sec. 40-237. - SSTS PRACTITIONER LICENSING No person shall engage in site evaluation, inspection, design, installation, construction, alteration, extension, repair, maintenance, or pumping of SSTS without an appropriate and valid license issued by MPCA in accordance with Minnesota Rules, Chapter 7083 except as exempted in 7083.0700. Sec. 40-238. - PROHIBITIONS (a) Occupancy or Use of a Building without a Compliant SSTS It is unlawful for any person to maintain, occupy, or use any building intended for habitation in an unsewered area that is not provided with a wastewater treatment system that disposes of wastewater in a manner that complies with the provisions of this Ordinance. (b) Sewage Discharge to Ground Surface or Surface Water It is unlawful for any person to construct, maintain, or use any SSTS system Page 9 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 121 of 260 regulated under this Ordinance that results in raw or partially treated wastewater seeping to the ground surface or flowing into any surface water. Any surface discharging system must be permitted under the National Pollutant Discharge Elimination System program by the MPCA. (c) Sewage Discharge to a Well or Boring It is unlawful for any person to discharge raw or treated wastewater into any well or boring as described in Minnesota Rules, Chapter 4725.2050, or any other excavation in the ground that is not in compliance with this Ordinance. (d) Discharge of Hazardous or Deleterious Materials It is unlawful for any person to discharge into any treatment system regulated under this Ordinance any Industrial Waste, or hazardous or deleterious material that adversely affects the treatment or dispersal performance of the system or groundwater quality. Sec. 40-239. - 40-269 - RESERVED Sec. 40-270. - STANDARDS ADOPTED BY REFERENCE The City hereby adopts by reference Minnesota Rules, Chapters 7080 and 7081 in their entirety as now constituted and from time to time amended. This adoption does not supersede the City’s right or ability to adopt local standards that are in compliance with Minnesota Statute 115.55. Sec. 40-271. - AMENDMENTS TO THE ADOPTED STANDARDS (a) Determination of Hydraulic Loading Rate and SSTS Sizing Table IX from Minnesota Rules, Chapter 7080.2150, Subp. 3(E) entitled “Loading Rates for Determining Bottom Absorption Area for Trenches and Seepage Beds for Effluent Treatment Level C and Absorption Ratios for Determining Mound Absorption Areas Using Detail Soil Descriptions” and herein adopted by reference shall be used to determine the hydraulic loading rate and infiltration area for all SSTS permitted under this Ordinance. (b) Compliance Criteria for Existing SSTS SSTS built after March 31, 1996 or existing SSTS located in a Shoreland area, existing wellhead Protection area, or serving a food, beverage, or lodging establishment as defined under Minnesota Rules, Chapter 7080.1100, Subp. 84 shall have a three-foot vertical separation between the bottom soil infiltrative surface and Page 10 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 122 of 260 the periodically saturated soil and/or bedrock. Existing systems that have no more than a fifteen (15) percent reduction in this separation distance (a separation distance no less than 30.6 inches) to account for settling of sand or soil, normal variation of separation distance measurements and interpretation of limiting layer characteristics may be considered compliant under this Ordinance. The vertical separation measurement shall be made outside the area of system influence but in an area of similar soil. Minnesota Rules, Chapter 7080.1500, Subp.4. (c) Holding Tanks Sewage holding tanks may be considered for installation on previously developed sites, as a temporary method for periods of up to one (1) year, during which time measures are being taken to provide municipal sewer service or the installation of an approved system as provided in this Ordinance. Holding tanks may be considered on a permanent basis for nonresidential, low -water use establishments generating less than one hundred fifty (150) gallons per day of waste, subject to approval by the department and the issuance of a certificate of compliance. Holding tanks may also be considered for floor drains for vehicle parking areas and existing facilities potentially generating hazardous waste. (d) Setbacks The following setback requirements are in addition to the setbacks required in Table VII in Minnesota Rules Chapter 7080.2150.F: Table VII: Minimum setback distances (feet) Feature Sewage tank, holding tank, or sealed privy Absorption area or unsealed privy Above-ground swimming pools 10 10 In-ground swimming pools 10 20 Shoreland Blufflines (18% slope) 20 20 Page 11 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 123 of 260 The following setback requirements are in addition to the setbacks required in Table II Minnesota Rules Chapter 7081.0270 Subpart 2: Variances to building setbacks included in Minnesota Rules, Chapter 7080 and 7081 may only be considered through the normal City variance process. Variances to shoreland setbacks may be considered through the Shoreland Management Ordinance. Variances to well and water line setbacks are governed by the MDH. (e) Licensed Professional Engineer Required The design of SSTS regulated under Minnesota Rules, Chapter 7081 shall be completed by a licensed Minnesota Professional Engineer, who is also licensed by the MPCA as an Advanced Designer. Sec. 40-272. - VARIANCE REQUESTS A property owner may request a variance from the standards as specified in this Ordinance pursuant to the requirements provided in Minnesota State Statutes. The City shall consider the requirements of Minnesota Rules Chapter 7082.0300, subp. 2 and 3 when considering such variances. Variances that pertain to the standards and requirements of the State of Minnesota must be approved by the affected State Agency pursuant to the requirements of the State Agency. Sec. 40-273. - PERMIT REQUIRED It is unlawful for any person to construct, install, modify, replace, or operate a SSTS without the appropriate permit from the Department. The issuing of any permit, variance, or conditional use under the provisions of this Ordinance shall not absolve the applicant of responsibility to obtain any other required permit. Table II: Minimum setback distances (feet) Feature Sewage tank, holding tank, or sealed privy Absorption area or unsealed privy Above-ground swimming pools 10 10 In-ground swimming pools 10 20 Shoreland Blufflines (18% slope) 20 20 Page 12 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 124 of 260 Sec. 40-274. - CONSTRUCTION PERMIT A construction permit shall be obtained by the property owner or an agent of the property owner from the Department prior to the installation, construction, replacement, modification, alteration, repair, or capacity expansion of a SSTS. The purpose of this permit is to ensure that the proposed construction activity is sited, designed, and constructed in accordance with the provisions of this Ordinance by appropriately certified and/or licensed practitioner(s). (a) Activities Requiring a Construction Permit A construction permit is required for installation of a new SSTS, for replacement of an existing SSTS, or for any repair or replacement of components that will alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system’s design, layout, or function. (b) Activities Not Requiring a Permit A construction permit is not required for minor repairs or replacements of system components that do not alter the original function of the system, change the treatment capacity of the system, change the location of the system, or otherwise change the original system’s design, layout, or function. (c) Construction Permit Required to Obtain Building Permit For any property on which a SSTS permit is required, approval and issuance of a valid SSTS Construction Permit must be obtained before a building or land use permit may be issued by the Department. (d) Conformance to Prevailing Requirements Any activity involving an existing system that requires a Construction Permit shall require that the entire system be brought into compliance with this Ordinance. (e) Permit Application Requirements Construction Permit applications shall be made on forms provided by the Department and signed by the applicant and an appropriately certified practitioner including the practitioner’s certification number and date of expiration. The applications shall include the documents listed in items 1 through 8 below. Page 13 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 125 of 260 (1) The correct address and legal description of the property where the proposed work is to take place. (2) The name and contact information (mailing address, telephone number, and e-mail address) of the property owner. (3) The name, contact information, and MPCA License Number of the SSTS Designer responsible for the system design. (4) Site Evaluation Report as described in Minnesota Rules, Chapter 7080.1730 and on the Department’s permit application. (5) Design Report as described in Minnesota Rules, Chapter 7080.2430 and on the Department’s permit application. (6) Building Plans for the existing and proposed system. (7) Management Plan as described in Minnesota Rules, Chapter 7082.0600. (8) Permit fee. (f) Application Review and Response The Department shall review a permit application and supporting documents. Upon satisfaction that the proposed work will conform to the provisions of this Ordinance, the Department shall issue a written permit authorizing construction of the SSTS as designed. In the event the applicant makes a significant change to the approved application, the applicant must contact the Department prior to initiating or continuing construction, modification, or operation to determine whether an amended application will be necessary, as determined by the Department. If determined necessary, the applicant shall file an amended application detailing the changed conditions for approval prior to initiating or continuing construction, modification, or operation for approval or denial. If the permit application is incomplete or does not meet the requirements of this Ordinance the Department shall deny the application. A notice of denial shall be provided to the applicant, which must state the reason for the denial. (g) Permit Expiration The Construction Permit is valid for a period of no more than one year from its date of issue. Satisfactory completion of construction shall be determined by receipt of final record drawings and a signed certification that the construction or installation of Page 14 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 126 of 260 the system was completed in reasonable conformance with the approved design documents by a qualified employee of the Department or a licensed inspection business, which is authorized by the Department and independent of the owner and the SSTS installer. (h) Extensions and Renewals The Department may grant an extension of the Construction Permit if the construction has commenced prior to the original expiration date of the permit. The permit may be extended for a period of no more than six (6) months. (i) Transferability A Construction Permit shall not be transferred to a new owner. The new owner must apply for a new Construction Permit in accordance with this section. (j) Suspension or Revocation The Department may suspend or revoke a Construction Permit issued under this section for any false statements, misrepresentations of facts on which the Construction Permit was issued, or unauthorized changes to the system design that alter the original function of the system as determined by the Department, change the treatment capacity of the system, change the location of the system, or otherwise change the original system’s design, layout, or function. A notice of suspension or revocation and the reasons for the suspension or revocation shall be conveyed in writing to the permit holder. If suspended or revoked, installation or modification of a treatment system may not commence or continue until a valid Construction Permit is obtained. (k) Posting The Construction Permit shall be posted on the property in such a location and manner so that the permit is visible and available for inspection until construction is completed and certified. Sec. 40-275. - OPERATING PERMIT (a) SSTS Requiring an Operating Permit An Operating Permit shall be required of all owners of new holding tanks, Type IV Systems, Type V Systems, MSTS, or any other system deemed by the Department to require operational oversight. Sewage shall not be discharged to these systems until the Department certifies that the system was installed in substantial Page 15 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 127 of 260 conformance with the approved plans, receives the final record drawings of the system, and a valid Operating Permit is issued to the owner. (b) Permit Application Requirements (1) Application for an Operating Permit shall be made on a form provided by the Department including: a. Owner name, mailing address, telephone, and email address b. Construction Permit reference number and date of issue c. Final record drawings of the treatment system d. Owners of holding tanks must submit a copy of a valid executed monitoring and disposal contract with a licensed maintenance business (2) Owners of holding tanks shall provide to the Department a copy of a valid monitoring and disposal contract executed between the owner and a licensed maintenance business, which guarantees the removal of the holding tank contents in a timely manner that prevents an illegal discharge in accordance with Minnesota Rules, Chapter 7082.0100, Subp. 3G. This requirement is waived if the owner is a farmer who is exempt from licensing under Minnesota Statutes, section 115.56, subdivision 3, paragraph (b), clause (3). (3) All SSTS existing prior to the effective date of this Ordinance shall require an operating permit upon transfer of ownership, replacement, any modification or expansion that requires a permit, or following any SSTS enforcement action. (c) Department Response The Department shall review the record drawings, operation and maintenance manual, management plan, maintenance and servicing contract, and any other pertinent documents as appropriate for accuracy and completeness. If any deficiencies are identified, the operating permit shall be denied until the deficiencies are corrected to the satisfaction of the Department. (d) Operating Permit Terms and Conditions The Operating Permit shall include the following: Page 16 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 128 of 260 (1) System performance requirements (2) System operating requirements (3) Monitoring locations, procedures and recording requirements (4) Maintenance requirements and schedules (5) Compliance limits and boundaries (6) Reporting requirements (7) Department notification requirements for non-compliant conditions (8) Valid contract between the owner and a licensed maintenance business (9) Disclosure, location and condition of acceptable soil treatment and dispersal system site (10) Descriptions of acceptable and prohibited discharges (e) Permit Expiration and Renewal (1) Operating Permits shall be valid for the specific term stated on the permit as determined by the Department. (2) An Operating Permit must be renewed prior to its expiration. If not renewed, the Department may require the system to be removed from service or operated as a holding tank until the permit is renewed. If not renewed within ninety (90) calendar days of the expiration date, the City may require that the system be abandoned in accordance with Section 40-277. (3) Application shall be made on a form provided by the Department including: a. Applicant name, mailing address, telephone number, and e-mail address. b. Reference number of previous owner’s operating permit. c. Any and all outstanding Compliance Monitoring Reports as required by the Operating Permit. d. Certified treatment system inspection signed and/or sealed by a certified designer, maintenance contractor, or operator at the Page 17 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 129 of 260 discretion of the City. e. Any revisions made to the operation and maintenance manual. f. Payment of application review fee as determined by the City. (f) Amendments to Existing Permits not Allowed The City may not amend an existing permit to reflect changes in this Ordinance until the permit term has expired and is renewed, unless an amendment is necessary to eliminate an imminent threat to public health or safety. (g) Transfers The Operating Permit may not be transferred. A new owner shall apply for an Operating Permit in accordance with Section 40-275 of this Ordinance. The Department shall not terminate the current permit until sixty (60) calendar days after the date of sale unless an imminent threat to public health and safety exists. To consider the new owner’s application, the Department may require a performance inspection of the treatment system certified by a licensed inspector or qualified employee. (h) Suspension or Revocation (1) The Department may suspend or revoke any operating permit issued under this section for any false statements or misrepresentations of facts on which the Operating Permit was issued. (2) Notice of suspension revocation and the reasons for revocation shall be conveyed in writing to the owner. (3) If suspended or revoked, the Department may require that the treatment system be removed from service, operated as a holding tank, or abandoned in accordance with Section 40-276. (4) At the Department’s discretion, the operating permit may be reinstated or renewed upon the owner taking appropriate corrective actions. (i) Compliance Monitoring (1) Performance monitoring of a SSTS shall be performed by a licensed inspection business or licensed service provider hired by the holder of the operating permit in accordance with the monitoring frequency and Page 18 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 130 of 260 parameters stipulated in the permit. (2) A monitoring report shall be prepared and certified by the licensed inspection business or licensed service provider. The report shall be submitted to the Department on a form provided by the Department on or before the compliance reporting date stipulated in the operating permit. The report shall contain a description of all maintenance and servicing activities performed since the last compliance monitoring report as described below: a. Owner name, mailing address, telephone number, and e-mail address. b. Operating Permit number c. Average daily flow since last compliance monitoring report d. Description of type of maintenance and date performed e. Description of samples taken (if required), analytical laboratory used, and results of analyses f. Problems noted with the system and actions proposed or taken to correct them g. Name, signature, license and license number of the licensed professional who performed the work Sec. 40-276. - ABANDONMENT CERTIFICATION (a) Purpose The purpose of the System Abandonment Certification is to ensure that a treatment system no longer in service is abandoned within a reasonable time following decommissioning and in a manner that protects public health, safety and water quality. It also terminates all permits associated with the system. (b) Abandonment Requirements (1) Whenever the use of a SSTS or any system component is discontinued as the result of a system repair, modification, replacement or decommissioning following connection to a municipal or private sanitary sewer, or condemnation or demolition of a building served by the system, further use of the system or any system component for any purpose Page 19 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 131 of 260 under this Ordinance shall be prohibited. (2) Continued use of a treatment tank where the tank is to become an integral part of a replacement system or a sanitary sewer system requires the prior written approval of the Department. (3) An owner of a SSTS must retain a licensed installation business to abandon all components of the treatment system within sixty (60) calendar days of discontinued use. Abandonment shall be completed in accordance with Minnesota Rules, Chapter 7080.2500. No prior notification to the Department of an owner’s intent to abandon a system is necessary. (4) A report of abandonment certified by the licensed installation business shall be submitted to the Department. The report shall include: a. Owner’s name, mailing address, telephone number, and e-mail address. b. Property address c. System construction permit and operating permit d. The reason(s) for abandonment e. A brief description of the abandonment methods used, description of the system components removed or abandoned in place, and disposition of any materials or residuals. (c) Abandonment Certificate Upon receipt of an abandonment report and its determination that the SSTS has been abandoned according to the requirements of this Ordinance, the Department shall issue an abandonment certificate. If the abandonment is not completed according the requirements of this Ordinance the City shall notify the owner of the SSTS of the deficiencies, which shall be corrected within thirty (30) calendar days of the notice. Sec. 40-277. - MANAGEMENT PLANS (a) PURPOSE The purpose of management plans is to describe how a particular SSTS is intended to be operated and maintained to sustain the performance required. The plan is to Page 20 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 132 of 260 be provided by the certified designer to the system owner when the treatment system is commissioned. (b) MANAGEMENT PLAN REQUIREMENTS Management plans are required for all new or replacement SSTS. The management plan shall be submitted to the Department with the construction permit application for review and approval. The Department shall be notified of any system modifications made during construction and the management plan revised and resubmitted at the time of final construction certification (c) Required Contents of a Management Plan Management plans shall include: (1) Operating requirements describing tasks that the owner can perform and tasks that a licensed service provider or maintainer must perform; (2) Monitoring requirements; (3) Maintenance requirements including maintenance procedures and a schedule for routine maintenance; (4) Statement that the owner is required to notify the Department when the management plan requirements are not being met; (5) Disclosure of the location and condition of the additional soil treatment and dispersal area on the owner’s property or a property serving the owner’s residence; (6) A description of the system and each component; (7) A description of how the system functions; (8) A site plan of the system; (9) Equipment specifications; (10) Emergency operating procedures in the event of a malfunction; (11) A troubleshooting guide (d) Requirements for Systems not Operated Under a Management Plan SSTS that are not operated under a management plan or operating permit must have treatment tanks inspected and provide for the removal of solids if needed every three years. Solids must be removed when their accumulation meets the limit Page 21 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 133 of 260 described in Minnesota Rules, Chapter 7080.2450. System owners shall be required to submit a MPCA Septic Tank Maintenance Reporting Form to the Department every three (3) years. Sec. 40-278. - 40-309 - RESERVED Sec. 40-310. - COMPLIANCE INSPECTION PROGRAM (a) Department Responsibility It is the responsibility of the Department, or its agent, to perform various SSTS compliance inspections periodically to assure that the requirements of this Ordinance are met. (1) SSTS compliance inspections must be performed: a. To ensure compliance with applicable requirements; b. To ensure system compliance before issuance of a permit for addition of a bedroom unless the permit application is made during the period of November 1 to April 30, provided a compliance inspection is performed before the following June 1 and the applicant submits a Certificate of Compliance by the following September 30; c. For all new SSTS construction or replacement; d. For an evaluation, investigation, inspection, recommendation, or other process used to prepare a disclosure statement if conducted by a party who is not the SSTS owner. Such an inspection constitutes a compliance inspection and shall be conducted in accordance with Minnesota Rules, Chapter 7082.0700 using the SSTS inspection report forms provided by MPCA. (2) All compliance inspections must be performed and signed by licensed inspection businesses or qualified employees certified as inspectors. (3) The Department shall be given access to enter a property at any reasonable time to inspect and/or monitor the SSTS system. As used in this paragraph, “property” does not include a residence or private building. The Department shall notify the owner of the Department’s intent to inspect the SSTS least two (2) days in advance of the intended Page 22 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 134 of 260 inspection. (4) No person shall hinder or otherwise interfere with the Department’s employees in the performance of their duties and responsibilities pursuant to this Ordinance. Refusal to allow reasonable access to the property by the Department shall be deemed a separate and distinct offense. (b) New Construction or Replacement (1) Compliance inspections must be performed on new or replacement SSTS to determine compliance with Minnesota Rules, Chapters 7080 or 7081. (2) It is the responsibility of the SSTS owner or the owner’s agent to notify the Department two (2) calendar days prior to any permitted work on the SSTS. (3) Installation inspections shall be made at each installation, prior to any work having been covered by backfill. Work that is backfilled prior to the required inspection may be ordered to be uncovered whenever necessary to determine compliance. (4) The licensed installer shall be responsible for notifying the department a minimum of twenty four (24) hours before the time the work is ready for inspection or reinspection. (5) When, upon inspection, any part of the system is determined not to be in compliance with this division, written notice shall be provided by the Department indicating the deficiency and the required corrections. (6) Noted deficiencies shall be properly corrected and reinspected before any other work on the project is continued. (7) SSTS found not to be in compliance with Minnesota Rules, Chapter 7080.1500, Subp. 4A or Chapter 7081.0080, Subp. 3 must be repaired or replaced within ten (10) months. (8) No system shall be placed or replaced in service until final inspection and approval of the installation. (9) The contractor, upon completion of the installation, shall file with the department as –built drawings indicating the location of system components dimensioned from a permanent reference point. Page 23 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 135 of 260 (10) A minimum of three construction inspections are required for mounds in accordance with the following: a. When the original soil under the mound has been roughened, but prior to placement of the sand fill. Enough of the proposed sand fill must be present to be viewed. b. After placement of rock and piping but prior to cover. c. Final inspection, when the job is completed. (11) SSTS that are determined to have operation or monitoring deficiencies must immediately be maintained, monitored or otherwise managed according to the operating permit. (12) A Certificate of Compliance for new SSTS construction or replacement shall be issued by the Department if the Department has reasonable assurance that the system was built in accordance with the applicable requirements as specified in the construction permit. (13) The Certificate of Compliance must include a certified statement by the certified inspector or qualified employee who conducted the inspection that the SSTS is or is not in compliance with the Ordinance requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a Notice of Noncompliance must be issued to the owner which includes a statement specifying those Ordinance provisions with which the SSTS does not comply. (14) The Certificate of Compliance or Notice of Noncompliance must be submitted to the Department no later than fifteen (15) calendar days after the date the inspection was performed. The Department shall deliver the Certificate of Compliance or Notice of Noncompliance to the owner or the owner’s agent within fifteen (15) calendar days of receipt from the certified inspector. No SSTS shall be placed into operation until a valid certificated of compliance has been issued. (15) Certificates of Compliance for new construction or replacement shall remain valid for five (5) years from the date of issue unless the Department finds evidence of noncompliance. (c) Existing Systems Page 24 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 136 of 260 (1) Compliance inspections shall be required when any of the following conditions occur: a. When a construction permit is required to repair, modify, or upgrade an existing system; b. Any time there is an expansion of use of the building being served by an existing SSTS which may impact the performance of the system; c. Any time there is a change in use of the property being served by an existing SSTS which may impact the performance of the system; d. At any time as required by this Ordinance or the Department deems appropriate such as upon receipt of a complaint or other notice of a system malfunction. (2) Compliance inspections of existing SSTS shall be reported on the inspection report forms provided by MPCA. The following conditions must be assessed or verified: a. Water-tightness assessment of all treatment tanks including a leakage report; b. Vertical separation distance between the bottom of the soil treatment and dispersal system and the periodically saturated soil or bedrock including a vertical separation verification report; c. Sewage backup, surface seepage, or surface discharge including a hydraulic function report. (3) The Certificate of Compliance must include a certified statement by a Qualified Employee or licensed inspection business, indicating whether the SSTS is in compliance with the Ordinance requirements. If the SSTS is determined not to be in compliance with the applicable requirements, a Notice of Noncompliance must include a statement specifying those Ordinance provisions with which the SSTS does not comply. A construction permit application must be submitted to the Department if the required corrective action is not a minor repair. Page 25 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 137 of 260 (4) The Certificate of Compliance or Notice of Noncompliance must be submitted to the Department no later than fifteen (15) calendar days after the date the inspection was performed. The Department shall deliver the Certificate of Compliance or Notice of Noncompliance to the owner or the owner’s agent within fifteen (15) calendar days of receipt from the licensed inspection business. (5) Certificates of Compliance for existing SSTS shall remain valid for three (3) years from the date of issue unless the Department finds evidence of noncompliance. (d) Periodically Saturated Soil Disagreements Disputes involving documented discrepancies on the depth of the periodically saturated soil for SSTS design or compliance purposes shall be resolved according to Minnesota Rules, Chapter 7082.0700, subp. 5. (e) Transfer of Properties (1) Whenever a conveyance of land including a structure that is required to have a SSTS occurs, the following requirements shall be met: a. A compliance inspection shall have been performed and a Certificate of Compliance shall have been submitted to the Department within three (3) years for SSTS older than five years or within five (5) years if the system is less than five years old, prior to the intended sale or transfer of the property, unless evidence is found identifying the SSTS as an Imminent Threat to Public Health and Safety or Failing to Protect Groundwater. b. The compliance inspection must have been performed by a qualified employee of the Department or a licensed inspection business following procedures described in Section 40-310. c. The seller of the property must disclose in writing information about the status and location of all known SSTS on the property to the buyer on a form acceptable to the Department. d. If the seller fails to provide a Certificate of Compliance, the seller shall provide the buyer sufficient security in the form of an escrow agreement to assure the installation of a compliant SSTS. The Page 26 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 138 of 260 security shall be placed in an escrow with a licensed real estate closer, licensed attorney-at-law, or Federal or State chartered financial institution. The amount escrowed shall be equal to one hundred fifty percent (150%) of a written estimate to install a compliant SSTS as provided by a licensed SSTS installer, or the amount escrowed shall be equal to one hundred ten percent (110%) of the written contract price for the installation of a compliant SSTS provided by a licensed SSTS installer. After a compliant SSTS has been installed and a Certificate of Compliance issued, the Department shall provide the escrow agent a copy of the Certificate of Compliance. The escrow may also be used to connect to a municipal sanitary sewer collection system permitted by the MPCA if the Department determines that an extension of the municipal sanitary sewer collection system to serve the property is feasible. (2) A Certificate of Compliance is not required if the sale or transfer involves the following circumstances: a. The affected tract of land is without buildings or contains no dwellings or other buildings with plumbing fixtures. b. The transfer does not require the filing of a Certificate of Real Estate Value, as described in Minnesota Statutes, Section 272.115, Subdivision 1. c. The transfer is a foreclosure or tax forfeiture. d. The sale or transfer completes a contract for deed or purchase agreement entered into prior to the effective date of this Ordinance. This subsection applies only to the original vendor and vendee on such a contract. e. All dwellings or other buildings are served by a municipal sanitary sewer collection system permitted by the MPCA. (3) All property conveyances subject to this ordinance occurring during the period between November 15th and April 15th, when SSTS compliance cannot be determined due to frozen soil conditions, shall require a winter Page 27 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 139 of 260 agreement, which includes an application for a SSTS permit and an agreement to complete a compliance inspection by the following June 1st by a licensed inspection business. If upon inspection the SSTS is found to be in compliance, the permit fee will be refunded. If upon inspection the system is found to be non-compliant, an escrow agreement must be established in accordance with paragraph (1) d. above, and a compliant SSTS installed within the timeframe outlined in the Notice of Noncompliance. (4) The responsibility for completing the compliance inspection under paragraph (1) a. above, or for upgrading a system found to be non- compliant shall be determined by the buyer and seller. Buyer and seller shall provide the Department with a signed statement indicating responsibility for completion of the compliance inspection and for upgrading a system found to be non-compliant. (5) The issuance of permits, Certificates of Compliance, or Notices of Noncompliance shall not be construed to represent a guarantee or warranty of the system's operation or effectiveness. Such permits or certificates only represent that the system has been designed and installed in compliance or non-compliance with the provisions of these standards and regulations. Sec. 40-311. - 40-341 - RESERVED Sec. 40-342. - VIOLATIONS (a) Cause to Issue a Notice of Violation Any person, firm, agent, or corporation who violates any of the provisions of this Ordinance, or who fails, neglects, or refuses to comply with the provisions of this Ordinance, including violations of conditions and safeguards, or who knowingly makes any material false statement or knowing omission in any document required to be submitted under the provisions hereof, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable as defined by Minnesota State Statutes. Each day that a violation exists shall constitute a separate offense. (b) Notice of Violation The Department shall serve, in person or by mail, a notice of violation to any person Page 28 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 140 of 260 determined to be violating provisions of this Ordinance. The notice of violation shall contain: (1) A statement documenting the findings of fact determined through observations, inspections, or investigations; (2) A list of specific violation(s) of this Ordinance (3) Specific requirements for correction or removal of the specified violation(s); (4) A mandatory time schedule for correction, removal and compliance with this Ordinance. (c) Cease and Desist Orders Cease and desist orders may be issued when the Department has probable cause that an activity regulated by this or any other City Ordinance is being or has been conducted without a permit or in violation of a permit. When work has been stopped by a cease and desist order, the work shall not resume until the reason for the work stoppage has been completely satisfied, any administrative fees paid, and the cease and desist order lifted. Sec. 40-343. - PROSECUTION In the event of a violation or threatened violation of this Ordinance, the City may, in addition to other remedies, initiate appropriate civil action or proceedings to prevent, prosecute, restrain, correct or abate such violations or threatened violations and the City Attorney shall have authority to commence such civil action. The Department and City Attorney may take such actions as may be necessary to enforce the provisions of this Ordinance. Sec. 40-344. - STATE NOTIFICATION OF VIOLATION In accordance with state law, the Department shall notify the MPCA of any inspection, installation, design, construction, alteration or repair of a SSTS by a licensed/certified person or any septage removal by a licensed pumper that is performed in violation of the provisions of this Ordinance. If there is known contamination of groundwater, the City also may notify the MDH for a possible well advisory. Sec. 40-345. - COSTS AND REIMBURSEMENTS If the Department is required to remove or abate an imminent threat to public health or safety, the Department may recover all costs incurred in removal or abatement in a civil action, Page 29 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 141 of 260 including legal fees; at the discretion of the City Council, the cost of an enforcement action under this Ordinance may be assessed against the real property on which the public health nuisance was located. Sec. 40-346. - RECORD KEEPING The City shall maintain a current record of all permitted systems. The record shall contain all permit applications, issued permits, fees assessed, variance requests, certificates of compliance, notices of noncompliance, enforcement proceedings, site evaluation reports, design reports, record drawings, management plans, maintenance reports, an annual list of all sewage tanks installed in the City sorted by licensed installation businesses, and other records relevant to each system. Sec. 40-347. - ANNUAL REPORT The Department shall provide an annual report of SSTS permitting activities to MPCA no later than February 1 for the previous calendar year. Sec. 40-348. - FEES From time to time, the City Council shall establish fees for activities undertaken by the Department pursuant to this Ordinance. Fees shall be due and payable at a time and in a manner to be determined by the Department. Sec. 40-349. - INTERPRETATION In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other powers granted by Minnesota Statutes. Sec. 40-350. - SEVERABILITY If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this Ordinance shall not be affected and shall remain in full force. Sec. 40-351. - ABROGATION AND GREATER RESTRICTIONS It is not intended by this Ordinance to repeal, abrogate, or impair any other existing City Ordinance, easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other Ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency only. 40-370 - RESERVED Page 30 Draft – 9/3/13 H3 Attachment 1 Packet Page Number 142 of 260 \ \ \\ \ \ \\ §¨¦494 §¨¦94 §¨¦35E §¨¦694 §¨¦694 §¨¦35E Æ%120 Æ%120 Æ%120 Æ%5 Æ%36 £¤61 £¤61 456768 456765 4567109 456768 456749 456727 456731 456743 456723 4567107 456762 456725 456722 456729 456730 456758 456768 456728 456734 456719 456739 456772 456725 S i l v e rL a k e B e a v e rL a k e 3 ML a k e L a k eP h a l e n K e l l e rL a k e G e r v a i sL a k e K o h l m a nL a k e R o u n dL a k e C a r v e rL a k e Ta n n e r ' sL a k e Subsurface Sewage Treatment SystemsSubsurface Sewage Treatment Systems Legend Lake \ \ \ \ \ \\Island Shoreland Designation Flood Hazard Area Septic System Available No Yes 103 SSTS in Maplewood 78 systems lack sewer access 25 systems have sewer access but hook up was waived due to financial hardship or excessive distance to sewer line Sanitary Sewer H3 Attachment 2 Packet Page Number 143 of 260 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 144 of 260 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: September 3, 2013 for the September 9 City Council Meeting SUBJECT: Approval of the Maplewood Residential Recycling Contract Introduction Maplewood’s Residential Recycling Contract ends December 31, 2013. Under the current contract, Tennis charges the City $1.75 per unit per month for recycling collection. Staff negotiated three contract extension scenarios including the use of the City’s existing recycling bins, contractor-supplied recycling carts, and City-supplied recycling carts: 1. Use of Existing Recycling Bins - Tennis proposed no increase to recycling rates for two years with the continued use of City-supplied recycling bins. The rate would remain at $1.75 per household per month for the first two years of a contract extension (2014 and 2015) and $2.00 per household per month for two additional extensions (2016 and 2017). 2. Contractor-Supplied Recycling Carts - Tennis proposed to supply recycling carts for Maplewood residential properties with at least a four-year contract. Cost of the contract would be $2.50 per household per month for the first two years of the contract (2014 and 2015) and $2.75 per household per month for two additional years (2016 and 2017). 3. City-Supplied Recycling Carts - If the City purchases recycling carts, Tennis proposes no increase to recycling rates, remaining at $1.75 per household per month for a two- year extension (2014 and 2015) with the possibility of two additional one-year extensions. Purchase of carts is estimated to cost $553,000 (including taxes and distribution). To cover the cost of the carts the City would need to charge a fee to residents estimated at $.75 per household per month. Additionally, the City will capture 70 percent of the revenue earned for any increases in tonnage of materials collected with the use of recycling carts over tonnage collected that month in 2012 with the use of recycling bins. Background Recycling Containers During the July 22 City Council workshop staff updated the Council on the above-mentioned contract scenarios. The Council expressed support for the conversion of the City’s recycling program from recycling bins to recycling carts. However, there was not a consensus on which cart option to proceed with, contractor-supplied or City-supplied carts. For this reason staff is proposing a modified contract scenario for approval as follows: J1 Packet Page Number 145 of 260 Use of existing recycling bins with language that would allow the City to convert to recycling carts (either contractor-supplied or City-supplied) for the collection of recyclables any time during the term of the contract. This would combine all three scenarios mentioned above to include a two-year contract with the use of existing recycling bins and no increase in recycling rates unless the City converts to recycling carts. In this case the contract term and rates would reflect scenarios 2 (contractor- supplied carts) or 3 (City-supplied carts). This scenario will ensure the City’s recycling contract continues for two more years, with the option to review carts again in the future. Other Contract Changes Attachment 1 is a clean copy of the revised contract with the above-mentioned language and additional changes. To view the additional changes in detail, refer to Attachment 2 which is a comparison of the 2010 to 2013 recycling contract. All changes are shown in blue. A summary of the changes include: • Language which allows churches and small businesses to opt into the City’s recycling program at a cost of $1.75 for the first two 95 gallon carts and $1.75 per cart per month thereafter. • Removal of the maximum truck weight of 40,000 pounds to allow Tennis to switch to automated collection trucks. • Change in recycling collection start time from 7 a.m. to 6 a.m. to match City Code and the City’s trash hauling contract. • A requirement that the Contractor conduct a yearly household participation analysis. The Contractor will then target nonparticipating households with educational material approved by the City. Budget Impact None Recommendation Approve the attached Maplewood Residential Recycling Contract (Attachment 1). The Contract extends recycling services by Tennis Sanitation, LLC, for two more years (2014 and 2015) beginning January 1, 2014. Recyclables will continue to be collected curbside in the City’s existing recycling bins, with language which will allow the City to convert to recycling carts (either contractor-supplied or City-supplied) at any time during the term of the Contract. Attachment 1. Maplewood Residential Recycling Contract (2013) 2. Comparison of the 2010 to 2013 Maplewood Residential Recycling Contracts 2 J1 Packet Page Number 146 of 260 CONTRACT AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND TENNIS SANITATION, LLC FOR RECYCLING SERVICES September 9, 2013 J1 Attachment 1 Packet Page Number 147 of 260 Table of Contents 1. Definitions .................................................................................................................... 5 2. Term of Contract .......................................................................................................... 9 3. Annual Work Plan ........................................................................................................ 9 4. Annual Performance Review ....................................................................................... 9 5. Single Stream Recyclables Collection/Processing System ........................................ 10 6. Payment Terms.......................................................................................................... 10 7. Cart Purchasing Plan ................................................................................................. 13 8. Cart Distribution and Management Plan .................................................................... 13 9. RFP and Contractor’s Proposal ................................................................................. 13 GENERAL REQUIREMENTS FOR ALL COLLECTIONS ................................................ 13 10. Missed Collections ..................................................................................................... 14 11. Severe Weather ......................................................................................................... 14 12. Collection Hours and Days ........................................................................................ 14 13. Customer Complaints ................................................................................................ 14 14. City Retains Right to Specify Resident Preparation Instructions ................................ 14 15. City Shall Approve Contractor’s Public Education Literature ..................................... 15 16. Weighing of Loads ..................................................................................................... 15 17. Monthly and Annual Reports ...................................................................................... 15 18. Ownership of Recyclables ......................................................................................... 16 19. Scavenging Prohibited ............................................................................................... 16 20. Cleanup of Spillage or Blowing Litter ......................................................................... 16 21. Recyclable Materials Transported to Markets ............................................................ 16 22. Designated Primary Glass Market ............................................................................. 16 23. Processing Facilities .................................................................................................. 17 24. Estimating Materials Composition as Collected ......................................................... 17 25. Estimating Process Residuals ................................................................................... 17 26. Lack of Adequate Market Demand ............................................................................. 17 27. Vehicle Requirements ................................................................................................ 18 28. Personnel Requirements ........................................................................................... 18 29. Licenses and Permits ................................................................................................. 19 30. Performance Monitoring ............................................................................................. 19 31. Liquidated Damages .................................................................................................. 19 2 J1 Attachment 1 Packet Page Number 148 of 260 CURBSIDE COLLECTION REQUIREMENTS .................................................................. 20 32. Weekly Collection ...................................................................................................... 20 33. Point of Collection ...................................................................................................... 20 34. Curbside Collection Schedule Deadline ..................................................................... 20 35. Procedure for Handling Non-Targeted Materials ....................................................... 20 36. Participation Study ..................................................................................................... 20 37. Set Out Information .................................................................................................... 21 38. Public Education Information for Curbside Collection ................................................ 21 MULTIPLE FAMILY COLLECTION REQUIREMENTS .................................................... 21 39. MFD Building Owners May Elect to Subscribe to City’s Recycling Service ............... 21 40. Multiple Family Collection Stations ............................................................................ 21 41. Multiple Family Container Location(s) ........................................................................ 21 42. Multiple Family Service Standards ............................................................................. 21 43. Multiple Family Recycling Container Requirements ................................................... 21 44. Responsibility for Providing and Maintaining Multiple Family Recycling Containers .. 22 45. Public Education Information for Tenants with Multiple Family Recycling Service ..... 22 46. Other Public Education Tools to Residents with Multiple Family Recycling Service .. 22 47. Annual Report to MFD Building Owners .................................................................... 22 48. Municipal Facilities Collection Requirements ............................................................. 23 49. Annual Municipal Facilities Report ............................................................................. 23 INSURANCE AND OTHER LEGAL REQUIREMENTS .................................................... 23 50. Insurance ................................................................................................................... 23 51. Workers Compensation Insurance ............................................................................. 24 52. Commercial General Liability Insurance .................................................................... 24 53. Commercial Automobile Liability Insurance ............................................................... 24 54. Transfer of Interest ..................................................................................................... 24 55. Non-Assignment and Bankruptcy............................................................................... 24 56. Dispute Resolution and Arbitration Procedures ......................................................... 24 57. Performance Bond ..................................................................................................... 24 58. General Compliance .................................................................................................. 25 59. Independent Contractor ............................................................................................. 25 60. Hold Harmless ........................................................................................................... 25 61. Accounting Standards ................................................................................................ 25 3 J1 Attachment 1 Packet Page Number 149 of 260 62. Retention of Records ................................................................................................. 25 63. Data Practices............................................................................................................ 25 64. Inspection of Records ................................................................................................ 26 65. Applicable Law ........................................................................................................... 26 66. Contract Termination ................................................................................................. 26 67. Employee Working Conditions and Contractor’s Safety Procedures ......................... 26 68. Agreement Amendments ........................................................................................... 26 4 J1 Attachment 1 Packet Page Number 150 of 260 This Agreement is made this _____ day of ____________ 2013, between the City of Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the “City”) and Tennis Sanitation, LLC, with its current local place of business at 720 4th Street, St. Paul Park, Minnesota 55071 (the “Contractor”). WITNESSETH: WHEREAS, the City supports a comprehensive residential recycling program and desires that high-quality recycling services be available to all its residents; and WHEREAS, the City supports curbside recycling as part of an overall landfill abatement program; and WHEREAS, the City supports multi-family recycling services as another part of an overall landfill abatement program; and WHEREAS, Ramsey County has funding available for such residential recycling services; and WHEREAS, the Contractor and the City have negotiated an extension of the Contractor’s Contract; NOW, THEREFORE, the City and Contractor mutually agree as follows, in consideration of the mutual promises and covenants contained herein: 1. Definitions 1.1 “Aerosol cans” Aerosol cans include but are not limited to spray paint, hairspray, deodorant, etc. 1.2 “Aluminum cans” Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. Also includes aluminum foil and trays. 1.3 “Church” A commercial building for public worship which is capable of having its recyclables collected in curbside recycling carts rather than dumpsters. 1.4 “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: • Annual calendar and map of curbside recycling districts for “single family dwellings” • List of materials to be included for recycling • List of non-targeted materials that cannot be recycled in the City’s recycling program • General information about curbside recycling and multi-family recycling instructions • How to prepare materials 5 J1 Attachment 1 Packet Page Number 151 of 260 1.5 “City’s designated contact person” The City has designated the Community Development Director or his or her designee as the contact person for management and administration of this Agreement. 1.6 “City-designated recyclables” or “Recyclable materials” or “Recyclables” The following list of materials are accepted as part of the Contract Agreement: aluminum cans; steel cans; glass jars and bottles; paper recyclables; phone books; plastic bottles; plastic tubs (yogurt, margarine, sour cream; plastic toys; plastic containers for shrubs, trees and flowers; egg cartons; motor oil bottles (drained); aerosol cans; household scrap metal; textiles; boxboard; corrugated cardboard; and milk cartons and juice boxes. This list of recyclable materials can be amended through negotiation between the City and its Contractor at any time within the duration of the contract term. Such negotiations must be reduced to a written amendment to this Agreement and duly executed before it shall go into effect. 1.7 “Collection” The aggregation and transportation of recyclable materials from the place at which it is generated and includes all activities up to the time when it is delivered to a recycling facility. 1.8 “Contractor” The City’s recycling service Contractor under the new contract beginning operation on January 1, 2014. 1.9 “Corrugated cardboard” Cardboard material with double wall construction and corrugated separation between walls but not plastic, wax or other coated cardboard. 1.10 “Curbside recycling bins” Containers supplied by the City in which recyclables can be stored for later placement for curbside collection, as specified by the City. The recycling containers remain the property of the City and are the only receptacles approved for use under this contract except that curbside recycling carts may be used during the contract at the sole determination of the City. 1.11 “Curbside recycling cart” Containers equipped with wheels and a lid in the following standardized sizes (approximate/nominal capacities): 30-gallon 60-gallon 90-gallon Recycling cart capacities by cart size will depend on the cart manufacturer selected by the City or Contractor through a separate procurement process. 1.12 “Curbside recycling service” The recycling collection service, together with related public education and other customer services, specified within this contract utilizing curbside recycling bins or carts. Multi-family 6 J1 Attachment 1 Packet Page Number 152 of 260 dwellings may receive curbside recycling service as determined by the City and the Contractor. 1.13 “Glass jars and bottles” Unbroken glass jars, bottles, and containers (lids/caps and pumps removed) that are primarily used for packing and bottling of food and beverages. 1.14 “Household Scrap Metal” Household scrap metal includes, but is not limited to, silverware, pots, pans and wire hangers. 1.15 “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 upon by the City and the 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. 1.16 “Holiday weeks” A week where a holiday falls on a Monday through Friday and requires the Contractor to collect recyclables on a Saturday, of which Saturday will be agreed upon by the City. 1.17 “Market demand” The economic and technical capacity of markets to use recyclable material to make new products. 1.18 “Markets” Any person or company that buys (or charges) for recycling of specified materials and may include, but are not limited to, end-markets, intermediate processors, brokers and other recycling material businesses. 1.19 “Milk cartons and juice boxes” Gable top and Tetra Pak cartons for milk, soy, broth and juice boxes. 1.20 “Multiple family dwellings (MFD)” A building or a portion thereof containing five (5) or more dwelling units. 1.21 “MFD recycling containers” Recycling containers used for multiple family dwellings (MFD) including any bin, cart, dumpster or other receptacle for temporary storage and collection of designated recyclables from residents in MFD’s prior to Collection. Such recycling containers must be separate, explicitly labeled on the lid and the front of the containers as to recyclables included, and colored differently from other containers for mixed solid waste or trash. 7 J1 Attachment 1 Packet Page Number 153 of 260 1.22 “Multiple family recycling service” Recycling Collection service, together with related public education and other customer services, provided to multiple family residents that utilize multiple family recycling containers (i.e., carts) and use multiple family recycling stations. 1.23 “Multiple family recycling stations” The location of multiple family recycling containers designated by the recycling Contractor with agreement of the MFD building owner. Multiple family recycling stations will likely be a cluster of recycling carts and/or recycling dumpsters. 1.24 “Non targeted materials” Materials that are not included in the City’s recycling program. Examples of typical non- targeted items include, but are not limited to, pumps on plastic bottles, ceramic material in glass streams, window glass and mirrors, paper cups and plates. 1.25 “Paper” Paper includes the following: newspapers (including inserts); household office paper and mail; cereal, cake mix, chips and cracker boxboard; egg cartons; old corrugated cardboard; phone books; Kraft bags; pop/beer boxes; pizza boxes, frozen food boxes, tissue boxes, and magazines/catalogs. 1.26 “Participation rate” Percentage of residents participating in curbside or multi-family recycling. Participation is defined as a resident who places recyclables at the curb or utilizes their multi-family recycling containers at least once per month. 1.27 “Plastics” All plastics with plastic resin codes #1 (PET & PETE); #2 (HDPE); #3 (PVC); #4 (LDPE); #5 (PP); #6 (PS - except Styrofoam), and #7 (other). These will include, but not be limited to, plastic beverage bottles; liquor; juice; milk; soft drinks; certain foods; soap and cosmetics; plastic tubs (yogurt, sour cream, margarine); tree, flower and shrub containers; plastic toys; motor oil bottles (drained), and retail plastic bags. 1.28 “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 and prepared for shipment to markets as commodities but are of relatively low-value because of depressed market demand conditions. The maximum percent of process residuals shall not exceed six percent (6%). 1.29 “Processing” The sorting, volume reduction, baling, containment or other preparation of recyclable materials delivered to the processing center for transportation or marketing purposes. 8 J1 Attachment 1 Packet Page Number 154 of 260 1.30 “Processing center” A recycling facility in which recyclable materials are processed. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions. 1.31 “Revenue share” Any increases in tonnage of recyclables with the use of recycling carts over the tonnage of that month in the previous year of the Contract Re-Opener with the use of recycling bins will result in a seventy (70%) revenue share for the blended value of all commodities collected using the following procedure: Total tonnage for the month shall be apportioned to the individual commodities by use of the most recent composition study conducted by the Contractor and monitored and approved by the City. The value of the commodity for a particular month shall be determined by the price quoted in Recyclingmarkets.net on the fifth business day of that month. 1.32 “Small business” A commercial building capable of having its recyclables collected in carts rather than a dumpster. 1.33 “Steel cans” Disposable containers fabricated primarily of steel or tin, used for food and beverages. 1.34 “Textiles” Textiles include unwanted but reusable linens such as towels, sheets, blankets, curtains, tablecloths and clothes (including belts, coats, hats, gloves, shoes and boots that are clean and free of mold, mildew and excessive stains). Textiles must be dry. 1.35 “Work Plan from Contractor” The annual work plan proposal for recycling system improvements submitted from the Contractor and approved by the City. 2. Term of Contract The term of this recycling contract will be a period of two (2) years from January 1, 2014 through December 31, 2015. The City may consider up to two (2), one (1) year extensions for years 2016 and 2017, at the City’s sole discretion. 3. Annual Work Plan The Contractor shall submit an annual work plan proposal no later than October 1 for the upcoming calendar year to outline key priorities for system improvements. Public education tools shall be itemized and approximate timelines described. Other service improvements may also be included in the work plan. The City shall review and approve the work plan by no later than November 1 each year. The annual work plan shall be incorporated by reference as an amendment to this contract. 4. Annual Performance Review Upon receipt of the Contractor’s annual report, the City shall schedule an annual meeting with the Contractor and the City’s Environmental and Natural Resources (ENR) Commission. 9 J1 Attachment 1 Packet Page Number 155 of 260 Once concluded, the report from the ENR Commission shall be presented to the City Council, and a meeting will be held between the Council and Contractor to review the performance of the contract. The objectives of this annual meeting will include, but not be limited to: • Review Contractor’s annual report, including trends in recovery rate and participation rate. • Efforts the Contractor has made to expand recyclable markets. • Review Contractor’s performance based on feedback from residents to the ENR Commission, City Council, and City staff. • Review Contractor’s recommendations for improvement in the City’s recycling program, including enhanced public education and other opportunities as contained within the annual work plan for the upcoming year. • Review City staff recommendations for Contractor’s service improvements. • Discuss other opportunities for improvement with the remaining years under the current contract. 5. Single Stream Recyclables Collection/Processing System 5.1 Single Stream Recyclables Single stream recyclables collection and processing system shall be the basic service system design for this contract. Under this single stream design, residents will be instructed to comingle all City designated recyclables, except clean, reusable textiles, in the curbside recycling bin or carts. Residents may place clean, reusable textiles separate from other recyclables in water-proof bags labeled “Clothes and Linens”. 5.2 Change of Recyclables Collection System During this contract period, the City may elect to change the recyclables collection system to use curbside recycling carts. These carts may be purchased by the City, or by the Contractor, and the carts may be distributed by the City or its proxy or by the Contractor, as determined in Section 6. 5.3 Changes to Processing System The Contractor shall not make any changes to the single stream collection or processing system without written direction of the City. 6. Payment Terms The Contractor will invoice the City of Maplewood on a monthly basis and the City will pay the contractor no later than net thirty (30) days of receipt of the invoice. The billing system will include the following elements: 6.1 Per Unit Fee A charge for collection services calculated by multiplying the number of single family units, multiple family units, and churches and small businesses times the per unit fee of one dollar and seventy-five cents ($1.75) per unit per month. 10 J1 Attachment 1 Packet Page Number 156 of 260 6.2 Households The City has determined that there are eleven thousand three hundred forty-five (11,345) single family units and four thousand one hundred seventy (4,170) multiple family units in the City of Maplewood. The City will pay the Contractor for all single family units in the City, but will only pay one dollar and seventy-five cents ($1.75) per unit per month for those multiple family units that the Contractor actually services. January 1 of each year the Contractor and the City will review household counts to determine changes in household numbers. The review will include a study of the City’s trash collection and recycling routes, water utility billing, Community Development Department housing counts, Census housing data, Metropolitan Council housing data and Contractor route inspections to come up with the most accurate housing counts. The housing count numbers will be modified yearly by February 1 of each year based on this review. 6.3 Churches and Small Businesses Churches and small businesses which are capable of having recyclables collected in curbside recycling carts are able to use the City’s recycling Contractor to provide recycling services. The City will pay the Contractor for all churches and businesses that opt into the recycling program at a rate of one dollar and seventy-five cents ($1.75) per one (1) or two (2) ninety-five (95) gallon recycling carts used by the church or small business, and one dollar and seventy-five cents ($1.75) for each subsequent cart beyond one (1) or two (2). The City will work with the Contractor in determining which churches and small businesses are cable of opting into the City’s recycling program, with final approval by the City. The Contractor will break out the pricing for churches and small businesses separately in its invoice to the City and will report on the number of churches and small businesses in the Monthly and Yearly reports. The recycling containers for churches and small businesses 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 approved by the City, attached to the lid and the front of the carts, and which identify the type of recyclable material to be deposited in each container. Recycling containers shall be colored differently from other containers for mixed solid waste or trash. 4. Maintained in proper operating condition and reasonably clean and sanitary. 5. Repaired or replaced on a reasonable schedule if broken due to regular wear and tear. 6. Provided at no cost to the City or residents. 7. Approved by City staff for use prior to entering service. 6.4 Conversion to Curbside Recycling Carts If the City, in its sole discretion, determines that it wishes recycling services to its residents, churches, and small businesses to be provided by use of curbside recycling carts, it shall so notify the Contractor. The City shall also determine which cart option and delivery system (“1” or “2” below) it will implement, and will notify the Contractor of its decision. 11 J1 Attachment 1 Packet Page Number 157 of 260 1. Contractor-Supplied Recycling Carts: If the Contractor supplies the curbside recycling carts to Maplewood residential properties and churches and small businesses, the Contract term will be extended for an additional four (4) years and the cost of the Contract shall be two dollars and fifty cents ($2.50) per household or church or small business per month for the first two (2) years of the Contract and two dollars and seventy five cents ($2.75) per household or church or small business per month for two (2) additional years. 2. City-Supplied Recycling Carts: If the City purchases the curbside recycling carts for Maplewood residential properties and churches and small business, the cost of the Contract shall remain at one dollar and seventy five cents ($1.75) per household or church or small business per month for the remainder of the contract, with the possibility of two (2) additional one (1) year extensions. Additionally, the City will capture seventy percent (70%) of the revenue earned for any increases in tonnage of materials collected with the use of curbside recycling carts over tonnage collected in 2012 with the use of recycling bins. 6.5 Revenue share The City and the Contractor intend to implement more effective recycling education programs and the City will, during the Contract period, determine if the use of curbside recycling carts for single stream recycling is in the best interests of the City for Contract years 2014 and 2015. If the City elects to begin collection of recyclables in curbside recycling carts, any increase in tonnage of all commodities collected with the use of carts over the tonnage of that month in 2012 with the use of curbside recycling bins shall result in a share of recycling revenue to be returned to the City as follows: • Each month seventy percent (70%) of the blended value of all commodities, net processing, shall be returned to the City using the following procedure:  The current year’s monthly tons minus the previous year that the Contractor Re- Opener was negotiated monthly tons for that same month. Any increase in tons based on this calculation will trigger the revenue share procedure as follows: o Total tonnage for the month shall be apportioned to the individual commodities by use of the most recent composition study conducted by the Contractor and monitored and approved by the City. o The value of the commodity for a particular month shall be determined by the price quoted in Recyclingmarkets.net on the fifth (5th) business day of that month. o Values for each commodity will be divided by the apportioned percent of each commodity from the composition study. o Addition of the apportioned commodity values will equal the blended value per ton of all commodities. o Minus the processing fee of eighty dollars ($80.00) per ton equals the total revenue increase over the previous year that the Contract Re-Opener was negotiated. o Seventy percent (70%) of the total revenue share goes to the City for its revenue share. o Revenue share is credited on the City’s invoice for the next month. Example: 12 J1 Attachment 1 Packet Page Number 158 of 260 January 2013 Recycling Tons 4,000 January 2012 Recycling Tons 3,920 Current Net Tons 80 Blended Value per Ton $104.06 (Based on January Recyclingmarkets.net) Minus Processing Fee - $80.00 Equals Increase in Revenue $24.06 Multiplied by 70% x .70 Equals City’s Share of Revenue Increase $16.84 Multiplied by Current Net Tons 80.00 Equals the City’s January Revenue Share $952.26 • The City shall not be penalized for decreases in tonnage. If there is a decrease in tonnage, there is no revenue share due to the City. 6.6 Other Any other mutually agreed upon charges or credits for any other future efforts outside of the scope of this contract (e.g., organics and food waste collection, etc.). 7. Cart Purchasing Plan If the City elects to begin collection of recyclables with curbside recycling carts and elects to purchase the curbside recycling carts, the City shall develop a cart purchasing plan and schedule in coordination with the Contractor. The Contractor shall review and comment on this cart purchasing plan. 8. Cart Distribution and Management Plan If the City elects to begin collection of recyclables with curbside recycling carts and elects to purchase the curbside recycling carts, the Contractor shall develop a cart distribution and management plan in coordination with the City within two (2) weeks of adopting the cart purchasing plan. The City may elect to include its cart manufacturer as part of the team to plan for cart distribution and management. The Contractor may elect to include any cart management subcontractor as part of the cart distribution and management team. 9. RFP and Contractor’s Proposal The contents of the City’s original Request for Proposal (RFP) for Recycling Services (dated June 1, 2010) and the Contractor’s original proposal (dated June 30, 2010) are part of the contractual obligations and are incorporated by reference into this contract. If any provision of the contract is in conflict with the referenced RFP or proposal, the contract shall take precedent. GENERAL REQUIREMENTS FOR ALL COLLECTIONS The following general requirements are pertinent to all recycling collections (i.e., both curbside recycling collection and multiple family recycling collection services). However, the City acknowledges that collection service frequencies and other factors will vary between residential, multiple family and church and small business collection programs. 13 J1 Attachment 1 Packet Page Number 159 of 260 10. 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. 11. Severe Weather The Contractor may postpone recycling collections due to severe weather at the sole discretion of the Contractor. “Severe Weather” shall include, but not be limited to, those cases in which snow, sleet, ice or cold temperatures might jeopardize the safety of the Contractor’s staff or result in unsafe driving conditions. If collections are postponed, the Contractor shall notify the City. Upon postponement, collection will be made on a day agreed upon between the Contractor and the City. 12. Collection Hours and Days The City requires all such collections to begin no sooner than six (6) a.m. and shall be complete by seven (7) p.m. Furthermore, the City requires scheduled collection days to be Monday through Friday, and agreed upon Saturdays during holiday weeks. The Contractor may request City approval of exceptions to these time and day requirements (e.g., pursuant to the “Severe Weather” section - Section 11 above). The Contractor must request such exception from the City’s Designated Contact Person via telephone or email prior to the requested collection event, and specify the date, time and reason for the exception. 13. Customer Complaints The Contractor shall provide staffing of a telephone equipped office to receive missed collection complaints and other complaints between the hours of seven (7) a.m. until five (5) p.m. on all days of collection as specified in this Agreement. The Contractor shall have an answering machine or voice mail system activated to receive phone calls after hours. The address and telephone numbers of such office shall be given to the city in writing, with ten (10) days prior notice of changes therein. The address of this office as of the execution of the contract is 720 4th Street, St. Paul Park, Minnesota 55071 and the telephone number is 651- 459-1887. The Contractor shall also allow complaints to be made electronically. Each month the Contractor shall provide the City with a list of all customer complaints, the nature of these complaints and a description of how each complaint was resolved. The names of the complainants and contact numbers or e-mail addresses must also be included. Complaints on service will be taken and collected by the City and the Contractor. The City will notify the Contractor of all complaints it receives. The Contractor is responsible for corrective actions. The Contractor shall answer all complaints courteously and promptly. 14. City Retains Right to Specify Resident Preparation Instructions The Contractor shall agree that it is the City’s sole right to clearly specify the resident sorting and set out requirements. The Contractor shall publish and distribute, on an annual basis, the detailed recyclable preparation instructions for its residents as part of its annual public education flyer. 14 J1 Attachment 1 Packet Page Number 160 of 260 15. City Shall Approve Contractor’s Public Education Literature The Contractor shall conduct its own promotions and public education to increase participation and improve compliance with City-specified recycling preparation instructions as per the public education elements of the annual work plan. At a minimum, this shall include: production and distribution of an annual flyer to each home; and distribution of “resident education tags” to be left by curbside collection crews if any non-targeted material is rejected and left at the curb. The Contractor shall submit a draft of any public education literature for approval by the City, at least one (1) month before printing and release of any such literature. 16. Weighing of Loads Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver’s name, vehicle number, tare weight, gross weight, net weight and number of recycling stops for each loaded vehicle. Collection vehicles will be weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be kept on file and made available for inspection upon request by the City. 17. Monthly and Annual Reports The Contractor will submit to the City monthly and annual reports. At a minimum, the Contractor shall include the following information in these reports: • Total quantities of recyclable materials collected, by material type (in tons) for single family, multi-family, city facilities, parks, churches and small businesses. • Net quantities of recyclable materials marketed, by material type (in tons). • Quantities stored, by type of material, with any notes as to unusual conditions (in tons). • Quantity of process residual disposed of (in tons). • For single and multiple family homes, recycling service fee of one dollar and seventy five cents ($1.75) per unit per month or as outlined in Section 6. • For churches or small business, recycling service fee of one dollar and seventy five cents ($1.75) for up to two ninety five (95) gallon recycling carts, and one dollar and seventy five cents ($1.75) per cart thereafter or as outlined in Section 6. • Log of all resident and church or small business addresses where education tags were left because of non-targeted materials set out for recycling. • Log of all complaints, including the nature of the complaints, to include the following: names, addresses, and contact numbers of the complainants; the date and time received; the Contractor’s response; and the date and time of the response. • List of single family addresses that do not set out recycling bins at least once a month. • Recycling cart data including cart inventory, replacement, repair, warranty issues, etc. Monthly reports shall be due to the City by the fifteenth (15th) day of each month. Annual reports shall be due by January 31 of each year. The Contractor will be encouraged to include in its annual report recommendations for continuous improvement in the City’s recycling program (e.g., public education, multiple family recycling, etc.). 15 J1 Attachment 1 Packet Page Number 161 of 260 18. Ownership of Recyclables Ownership of the recyclables shall remain with the person placing them for collection until Contractor’s personnel physically touches them for collection, at which time the ownership of the recyclables shall transfer to the Contractor. 19. Scavenging Prohibited All recyclable materials placed for collection shall be owned by and are the responsibility of the occupants of residential or church or small business properties until the Contractor handles them. Upon collection of the designated recyclable materials by the Contractor, the recyclable materials become the property and responsibility of the Contractor. It is unlawful for any person other than the City’s recycling Contractor or owner’s independent hauler to collect, remove or dispose of designated recyclables after the materials have been placed or deposited for collection in the recycling containers. The owner, owner’s employees, owner’s independent hauler’s employees or City’s recycling Contractor’s employees may not collect or “scavenge” through recycling in any manner that interferes with the contracted recycling services. 20. Cleanup of Spillage or Blowing Litter The Contractor shall clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Designated recyclables shall be transported in a covered vehicle so that the recyclables do not drop or blow onto any public street or private property during transport. 21. Recyclable Materials Transported to Markets Upon collection by the City’s recycling Contractor, the Contractor shall deliver the designated recyclables to a recyclable material processing center, an end market for sale or reuse, or to an intermediate collection center for later delivery to a processing center or end market. It is unlawful for any person to transport for disposal or to dispose of designated recyclables in a mixed municipal solid waste disposal facility. The Contractor shall not landfill, incinerate, compost or make fuel pellets out of the recyclable materials. 22. Designated Primary Glass Market The City and Contractor hereby agree that eCullet (St. Paul, MN) and Strategic Materials (St. Paul, MN) will process and sort glass bottles and jars and shall remain the primary market of choice for glass bottles and jars collected from the City’s recycling program. The Contractor shall develop a proposed glass marketing contingency plan in writing for review, comment and approval by the City. This contingency plan shall be based on recycling glass into markets with the highest and best use of this commodity. The Contractor shall provide an annual assessment of eCullet’s Strategic Material’s performance and glass market as part of its annual report to the City. The Contractor shall provide as much notice as possible if the eCullet or Strategic Materials plant closes, stops accepting recyclable glass cullet or otherwise becomes economically unfeasible as the primary glass market outlet. If eCullet or Strategic Materials are no longer a viable primary market for glass, and if the Contractor must adjust its glass processing and/or marketing operations, the Contractor must submit a proposed plan amendment to the City so that glass continues to be recycled as glass with the highest and best use of this commodity 16 J1 Attachment 1 Packet Page Number 162 of 260 rather than being used for road aggregate, sandblast media, fiberglass or other alternative uses. 23. Processing Facilities The Contractor shall assure the City that adequate recyclable material processing capacity will be provided for City material collected. The Contractor shall provide written notice to the City at least sixty (60) days in advance of any substantial change in these or subsequent plans for receiving and processing recyclables collected from the City. 24. Estimating Materials Composition as Collected The Contractor shall conduct at least one materials composition analysis of the City’s recyclables during October of each year to estimate the relative amount by weight of each recyclable commodity by grade. The results of this analysis shall include: (1) percent by weight of each recyclable commodity by grade as collected from the City; (2) relative change compared to the previous year’s composition; (3) percent by weight of the Process Residuals collected from the City; 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 City shall be notified of the composition analysis and be offered the opportunity to view the sorting and weighing of materials. The Contractor shall provide the City with a copy of the analysis for each year of the contract. 25. Estimating Process Residuals In October of every year the Contractor shall estimate the City’s process residuals. The Contractor shall provide the City a written description of the means to estimate process residuals derived from the City’s recyclables. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any significant changes to the processing facilities used by the Contractor. The City may audit the records of the Contractor to verify that the agreed upon process is being followed (see Section 64, Inspection of Records). The quantities of Process Residuals must not exceed the agreed upon residual rate of six percent (6%). This percentage must be reported to the City in the annual composition analysis as described in Section 24. In addition, the Contractor must report to the City, on an annual basis, the disposal location of Process Residuals. 26. Lack of Adequate Market Demand In the event that the market for a particular recyclable ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue the Collection, processing and marketing of that particular recyclable, the City and the Contractor will both agree in writing that it is no longer appropriate to collect such item before collection ceases. The Contractor shall give the City as much notice as possible about the indications of such market condition changes. The City and Contractor shall agree on 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 17 J1 Attachment 1 Packet Page Number 163 of 260 agreed upon by the City and the Contractor. The City and the Contractor will negotiate a cost for disposal as a substitute for a Processing fee for that material. 27. Vehicle Requirements Vehicles shall be clearly signed on both sides as a recycling Collection vehicle. In addition, all Collection vehicles used in performance of the Contract shall: • Be marked with the name and telephone number of the Contractor prominently displayed on both sides of the truck. The lettering must be at least three (3) inches in height. • Operate within the weight allowed by Minnesota Statures and local ordinances; • Be duly licensed and inspected by the State of Minnesota; • Have a two (2) way communication device; • Have a first aid kit; • Have an approved fire extinguisher; • Have warning flashers; • Have a broom and shovel for cleaning up spills; • Have warning alarms to indicate movement in reverse; • Have a sign on rear of vehicle which states “This vehicle makes frequent stops”; • All of the required equipment must be in proper working order. • All vehicles must be maintained in proper working order and be as clean and free of offensive odors as possible. 28. Personnel Requirements Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. Contractor’s personnel shall 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: • Conduct themselves at all times in a courteous manner and use no abusive or foul language. • Make a concerted effort to have at all times a presentable appearance and attitude. • Wear a uniform and employee identification badge or name tag. • Drive in a safe and considerate manner. • Manage curbside recycling bins and multiple family containers in a careful manner so as to avoid spillage and littering, or damage to the bin or container. Containers should not be thrown once emptied. • Monitor for any spillage and be responsible for cleaning up any litter or breakage. • Avoid damage to property. • Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. 18 J1 Attachment 1 Packet Page Number 164 of 260 29. Licenses and Permits The Contractor shall ensure that all driver and truck licenses and permits are current and in full compliance with local, state and federal laws and regulations. Any processing facility used to handle material from the City of Maplewood must have current permits and licenses as required by the appropriate city, county, state and federal laws and ordinances. Contractor shall make available for inspection all such licenses and permits upon request by the City. Contractor must have a Collection license issued by the City per City Code, Chapter 30. 30. Performance Monitoring The City will monitor the performance of the Contractor against goals and performance standards required within this Agreement. The City reserves the right to inspect Contractor facilities or vehicles at any time during normal business hours for compliance with the language of the Agreement, and the performance measures and goals contained herein. Substandard performance as determined by the City in its sole discretion will constitute non- compliance. If action to correct such substandard performance is not taken by the Contractor within sixty (60) days after being notified by the City, the City will initiate contract termination procedures. 31. Liquidated Damages The Contractor shall agree, in addition to any other remedies available to the City, that the City may withhold payment from the Contractor in the amounts specified below as liquidated damages for failure of the Contractor fulfilling its obligations: 1. Failure to respond to legitimate service complaints within twenty four (24) hours in a reasonable and professional manner – fifty dollars ($50) per incident. 2. Failure to collect properly notified missed collections – two hundred and fifty dollars ($250) per incident. 3. Failure to provide monthly and annual reports – one hundred dollars ($100) per incident. 4. Failure to complete the collections within the specified timeframes without proper notice to the City – one hundred dollars ($100) per incident. 5. Failure to clean up from spills during collection operations – two hundred fifty dollars ($250) per incident. 6. Failure to report on changes in location of recyclable processing operations – two hundred fifty dollars ($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 – one thousand dollars ($1000) per incident. 8. Exceeding the maximum process residual rate of six percent (6%) – one thousand dollars ($1,000) per incident. 9. Making changes to the Collection and Processing systems prior to receiving City approval to implement any such change – five thousand dollars ($5,000) per incident. 10. Failure to conduct and report results of the annual composition analysis – one thousand dollars ($1000) per incident. 19 J1 Attachment 1 Packet Page Number 165 of 260 These amounts will be for liquidated damages for losses suffered by the City and not penalties. Three (3) or more such incidents in a six (6) month period shall constitute grounds for termination of Agreement and not subject to cure. CURBSIDE COLLECTION REQUIREMENTS The following collection requirements are for curbside recycling services only (single family dwellings, buildings with up to four units, churches, small businesses, manufactured homes and townhomes), and do not pertain to multiple family household (buildings with more than four units) type of collection services. 32. Weekly Collection The Contractor shall collect curbside recycling materials weekly from the authorized curbside recycling bins, as hereinbefore defined, and provided by the City. No other different or unapproved receptacles shall be used in performance of this Agreement unless negotiated by the City and Contractor in writing. Violation of this provision shall be grounds for termination of the Agreement. Recyclables shall be collected on the same days corresponding to City trash collection days whenever possible (with the exception of curbside collection on Saturdays within agreed-upon “holiday weeks”). 33. Point of Collection All curbside collection service will occur at the curbside, with the exception of elderly residents or those with short or long-term physical limitations who require house-side collection service. 34. Curbside Collection Schedule Deadline If the Contractor determines that the collection of recyclables 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 designated contact person cannot be reached, the Contractor will request the City Manager. 35. Procedure for Handling Non-Targeted Materials If Contractor determines that a resident, church or small business has set out non-targeted materials, the driver shall use the following procedure: 1. Contractor shall leave the non-targeted materials in the curbside recycling bin and leave an “education tag” indicating acceptable materials and the proper method of preparation. 2. The driver shall record the address and the Contractor shall report the address to the City in the required monthly report. If this procedure for handling non-targeted materials is not feasible for automated or semi- automated Collection systems, the Contractor must specify and demonstrate alternative public education methods to the City for its approval so that the quality of recyclable materials set out will be maintained. 36. Participation Study The Contractor shall conduct at least one analysis of household participation per year. The results of the analysis shall include number and addresses of single family households not participating. The Contractor will then target nonparticipating households with educational 20 J1 Attachment 1 Packet Page Number 166 of 260 material approved by the City. The Contractor shall provide the City with a copy of the analysis for each year of the contract. 37. Set Out Information The Contractor shall provide the City with the addresses of single family households not setting out curbside recycling bins at least once a month. The addresses will be supplied to the City in the Monthly Reports. 38. Public Education Information for Curbside Collection The Contractor shall be responsible for the following: 1. Annual distribution of the Contractor’s recycling public education flyer as described in Section 1.4 and Section 15. 2. Distribution of education tags to be left by curbside Collection crews if any non-targeted material is reflected and left at the curb. MULTIPLE FAMILY COLLECTION REQUIREMENTS The following collection requirements are for multiple family recycling services only and do not pertain to curbside collection services. 39. MFD Building Owners May Elect to Subscribe to City’s Recycling Service MFD building owners are be able to use the City’s recycling Contractor to provide recycling services. Alternatively, MFD building owners may independently contract with another licensed recycling contractor to provide the recycling services at the owner’s expense. 40. Multiple Family Collection Stations Multiple family recycling stations will be specified with agreement of the MFD building owner on a case-by-case basis. MFD recycling stations will likely be a cluster of recycling bins, carts and/or recycling dumpsters (e.g., for old corrugated cardboard). The number and location of MFD recycling stations shall be adequate to be reasonably convenient and accessible to all MFD residents. 41. Multiple Family Container Location(s) Multiple family recycling containers shall be placed in a location(s) on the MFD premises which permits access for collection purposes but which does not obstruct pedestrian or vehicular traffic. Recycling containers must also comply with the City’s zoning and other ordinances. 42. Multiple Family Service Standards At a minimum, multiple family collection services shall be available on the premises and shall be provided on a regularly scheduled weekly basis, or as the City and Contractor agree is adequate. The Collection schedule and recycling containers’ capacity shall provide for regular removal of the recyclables such that there is adequate storage capacity available in the recyclable containers to avoid overflowing containers. 43. Multiple Family Recycling Container Requirements The recycling containers for buildings of eleven (11) units or more shall be: 21 J1 Attachment 1 Packet Page Number 167 of 260 3. Sufficient in number and size to meet the demands for recycling services created by the occupants. 4. Equipped with hinged lids. 5. Equipped with standardized labels approved by the City, attached to the lid and the front of the carts, and which identify the type of recyclable material to be deposited in each container. Recycling containers shall be colored differently from other containers for mixed solid waste or trash. 6. Maintained in proper operating condition and reasonably clean and sanitary. 7. Repaired or replaced on a reasonable schedule if broken due to regular wear and tear. 8. Provided at no cost to the City or residents. 9. Approved by City staff for use prior to entering service. 44. Responsibility for Providing and Maintaining Multiple Family Recycling Containers If the MFD building owner uses the City’s Contractor, adequate multiple family recycling containers shall be provided and maintained by the City’s Contractor. 45. Public Education Information for Tenants with Multiple Family Recycling Service At least once per year, the City’s recycling Contractor shall supply the multiple family building owner with the sufficient number of recycling fact sheets with instructions for the tenants in their building(s). The information should specifically address multiple family recycling service, and should not be the same educational material distributed to single-family residents. 46. Other Public Education Tools to Residents with Multiple Family Recycling Service The Contractor shall provide other public education tools (e.g., educational material in languages other than English such as Spanish, Hmong, Somali, etc.) that the Contractor will provide, in cooperation and coordination with multiple family building owners, as part of the annual work plan. The City will work with the Contractor regarding the quantities needed and the locations for distribution. 47. Annual Report to MFD Building Owners The Contractor shall provide an annual report by January 31 of each year to the multiple family building owners served by the City’s Contractor. A copy of each report to the multiple family building owners shall also be submitted to the City. The report shall contain, at a minimum, the following information: 1. Name of owner, building manager and contact information (mailing address, telephone numbers, e-mail, etc.) 2. Street address of each multiple family building served. 3. Number of dwelling units for each multiple family building. 4. Description of collection services made available to occupants, including number of multiple family recycling stations, number of multiple family recycling containers, location 22 J1 Attachment 1 Packet Page Number 168 of 260 of stations (or curbside service provided for multiple-family buildings under eleven (11) units) and dates of collection. 5. Description of public education tools used to inform occupants of availability of services. 6. Tonnage quantities for each type of material recycled. 7. Recommendations for future improvements to increase recovery rates (e.g., specific public education tools). 48. Municipal Facilities Collection Requirements The Contractor shall provide, at no charge, recycling containers and collection services once per week at the following City buildings: 1. City Hall - 1830 County Road B East 2. Public Works Building - 1902 County Road B East 3. Park & Recreation Maintenance Building - 1810 County Road B East 4. Fire Station One - 1177 Century Avenue North 5. Fire Station Two - 1955 Clarence Street 6. Fire Station Three – 1530 Hazelwood Street 7. Maplewood Community Center - 2100 White Bear Avenue 8. Nature Center – 2659 East 7th Street 9. Staging Areas for Public Space Recyclables as designated by the City. 49. Annual Municipal Facilities Report The Contractor shall provide an annual report by January 31 to the City in regard to recycling at Municipal Facilities. The report shall contain, at a minimum, the following information: 1. Description of collection services made available to Municipal Facility, including number of recycling containers and dates of collection. 2. Tonnage quantities for each type of material recycled. 3. Recommendations for future improvements to increase recovery rates (e.g., specific public education tools). INSURANCE AND OTHER LEGAL REQUIREMENTS 50. Insurance Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the contract and shall remain continuously in force for the duration of the contract. The Contractor shall have the City of Maplewood named as an additional insured on each insurance policy specified below, unless the Contractor submits in writing this is not feasible for a specific insurance policy. The Contractor shall then provide certificates of insurance to the City by approximately December 15 of each year. The Contractor and its sub-contractors shall secure and maintain the following insurance: 23 J1 Attachment 1 Packet Page Number 169 of 260 51. Workers Compensation Insurance Workers compensation insurance as specified by the Minnesota Department of Occupational Health and Safety and federal law. 52. Commercial General Liability Insurance Commercial general liability insurance shall be at the limits of at least $1, 500,000 bodily injury, per occurrence, or combined single limit e, and $500,000 property damage. . The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. This insurance includes up to $10,000 in additional coverage for expenses incurred 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, including any deliberate, willful and negligent conduct on the part of Contractor or their laborers, employees or assigns. 53. Commercial Automobile Liability Insurance Commercial automobile liability insurance covering all the Contractor’s owned, non-owned and hired automobiles with limits of at least $1,000,000 per person, $5,000,000 per occurrence, and $500,000 property damage or combined single limit. This insurance includes a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation. 54. 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 notation, without the prior written approval of the City. The Contractor shall not subcontract any services under this contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or subcontract shall be grounds for immediate contract termination. 55. Non-Assignment and Bankruptcy The parties hereby agree that the Contractor shall have no right to assign or transfer its rights and obligations under said Agreement without written approval from the City. In the event the City or 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. 56. Dispute Resolution and Arbitration Procedures The parties agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled, at the option of the Contractor, by arbitration in accordance with the Rules of the American Association of Arbitration and judgment upon the award by the arbitrator(s) may be entered in any court with jurisdiction thereof. 57. Performance Bond This contract specifies requirements for a performance bond in the case of the Contractor’s failure to perform contracted services. The performance bond shall be for a minimum of $300,000. The responsibility for renewal is the responsibility of the Contractor. 24 J1 Attachment 1 Packet Page Number 170 of 260 58. General Compliance The Contractor agrees to comply with all applicable local, state and federal laws and regulations governing funds provided under this Agreement. The Contractor pays its employees a living wage based on the recycling industry in the State of Minnesota and Washington County. The Contractor does not use temporary labor arrangements to avoid paying a living wage. Additionally, the contractor provides health insurance for all full time employees and a pro rata share for employees working more than twenty (20) hours but less than forty (40) hours a week. 59. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or subcontractors 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 the Contractor. 60. Hold Harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in the performance of the services provided by this contract, any resulting environmental liability that is a result of this Agreement or by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations under this Agreement. 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. 61. 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. 62. Retention of Records The Contractor shall retain all records pertinent to expenditures incurred under this contract for a period of six (6) years after the resolution of all audit findings. Records for non- expendable property acquired with funds under this contract shall be retained for six (6) years after final disposition of such property. 63. Data Practices The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information 25 J1 Attachment 1 Packet Page Number 171 of 260 relating to this Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor’s unlawful disclosure or use of data protected under state and federal laws. All proposals shall be treated as non-public information until the proposals are opened for review by the City. At that time the proposals and their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 64. 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. 65. Applicable Law The laws of the State of Minnesota shall govern all interpretations of this Agreement, 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. 66. 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 Agreement if the default has not been cured after sixty (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 Agreement is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Contractor under this Agreement shall, at the option of the City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 67. Employee Working Conditions and Contractor’s Safety Procedures The Contractor will ensure adequate working conditions and safety procedures are in place to comply with all applicable local, state and federal laws and regulations. The City reserves the right to inspect on a random basis all trucks, equipment, facilities, working conditions, training manuals, records of claims for worker's compensation or safety violations and standard operating procedures documents. 68. Agreement Amendments Any amendments to this Agreement shall be valid only when reduced to writing, and duly signed by the parties. 26 J1 Attachment 1 Packet Page Number 172 of 260 IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written. Tennis Sanitation, LLC City of Maplewood: By_______________________ By_________________________ Chief Executive Officer City Manager Date:_____________________ Date:_______________________ By_______________________ By________________________ Chief Operating Officer Mayor Date:_____________________ Date:_______________________ APPROVED TO FORM By__________________________ City Attorney 27 J1 Attachment 1 Packet Page Number 173 of 260 CONTRACT AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND TENNIS SANITATION, LLC FOR RECYCLING SERVICES November 8, 2010 September 9, 2013 J1 Attachment 2 Packet Page Number 174 of 260 This Agreement is made this 8th_____ day of November 2010____________ 2013, between the City of Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the “City”) and Tennis Sanitation, LLC, with its current local place of business at 720 4th Street, St. Paul Park, Minnesota 55071 (the “Contractor”). WITNESSETH: WHEREAS, the City supports a comprehensive residential recycling program and desires that high-quality recycling services be available to all its residents; and WHEREAS, the City supports curbside recycling as part of an overall landfill abatement program; and WHEREAS, the City supports multi-family recycling services as another part of an overall landfill abatement program; and WHEREAS, Ramsey County has funding available for such residential recycling services; and WHEREAS, the Contractor has submitted a proposal for comprehensive recycling services to the City;and the City have negotiated an extension of the Contractor’s Contract; NOW, THEREFORE, the City and Contractor mutually agree as follows, in consideration of the mutual promises and covenants contained herein: 1. Definitions 1.1 “Aerosol cans” Aerosol cans include but are not limited to spray paint, hairspray, deodorant, etc. 1.2 1.2 “Aluminum cans” Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. Also includes aluminum foil and trays. 1.3 “Church” A commercial building for public worship which is capable of having its recyclables collected in curbside recycling carts rather than dumpsters. 1.31.4 “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: • Annual calendar and map of curbside recycling districts for “single family dwellings” • List of materials to be included for recycling • List of non-targeted materials that cannot be recycled in the City’s recycling program • General information about curbside recycling and multi-family recycling instructions • How to prepare materials. 2 J1 Attachment 2 Packet Page Number 175 of 260 1.41.5 “City’s designated contact person” The City has designated the Community Development Director or his or her designee as the contact person for management and administration of this Agreement. 1.51.6 “City-designated recyclables” or “Recyclable materials” or “Recyclables” The following recyclablelist of materials are accepted as part of the Contract Agreement: aluminum cans; steel cans; glass jars and bottles; paper recyclables; phone books; plastic bottles; plastic tubs (yogurt, margarine, sour cream; plastic toys; plastic containers for shrubs, trees and flowers; egg cartons; motor oil bottles (drained); aerosol cans; household scrap metal; textiles; boxboard; corrugated cardboard; and milk cartons and juice boxes as defined and further described in the “City’s annual recycling public education flyer”.. This list of recyclable materials can be amended through negotiation between the City and its Contractor at any time within the duration of the contract term. Such negotiations must be reduced to a written amendment to this Agreement and duly executed before it shall go into effect. 1.61.7 “Collection” The aggregation and transportation of recyclable materials from the place at which it is generated and includes all activities up to the time when it is delivered to a recycling facility. 1.71.8 “Contractor” The City’s recycling service Contractor under the new contract beginning operation on January 1, 20112014. 1.81.9 “Corrugated cardboard” Cardboard material with double wall construction and corrugated separation between walls but not plastic, wax or other coated cardboard. 1.91.10 “Curbside recycling bins” Uniform curbside recycling bins (e.g., red, plastic recycling tubs)Containers supplied by the City in which recyclables can be stored andfor later placedplacement for curbside collection, as specified by the City. The recycling containers remain the property of the City and are the only receptacles approved for use under this contract without further agreement in writing.except that curbside recycling carts may be used during the contract at the sole determination of the City. 1.11 “Curbside recycling cart” Containers equipped with wheels and a lid in the following standardized sizes (approximate/nominal capacities): 30-gallon 60-gallon 90-gallon Recycling cart capacities by cart size will depend on the cart manufacturer selected by the City or Contractor through a separate procurement process. 3 J1 Attachment 2 Packet Page Number 176 of 260 1.101.12 “Curbside recycling service” The recycling collection service, together with related public education and other customer services, specified within this contract utilizing curbside recycling bins or carts. Multi-family dwellings may receive curbside recycling service as selecteddetermined by the City and the Contractor. 1.111.13 “Glass jars and bottles” Unbroken Glassglass jars, bottles, and containers (lids/caps and pumps removed) that are primarily used for packing and bottling of food and beverages. 1.14 “Household Scrap Metal” 1.12 Household scrap metal includes, but is not limited to, silverware, pots, pans and wire hangers. 1.131.15 “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 upon by the City and the 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. 1.141.16 “Holiday weeks” A week where a holiday falls on a Monday through Friday and requires the Contractor to collect recyclables on a Saturday, of which Saturday will be agreed upon by the City. 1.151.17 “Market demand” The economic and technical capacity of markets to use recyclable material to make new products. 1.161.18 “Markets” Any person or company that buys (or charges) for recycling of specified materials and may include, but are not limited to, end-markets, intermediate processors, brokers and other recycling material businessbusinesses. 1.171.19 “Milk cartons and juice boxes” Gable top and Tetra Pak cartons for milk, soy, broth, and juice boxes. 1.181.20 “Multiple family dwellings (MFD)” A building or a portion thereof containing five (5) or more dwelling units. 1.191.21 “MFD recycling containers” Recycling containers used for multiple family dwellings (MFD) including any bin, cart, dumpster or other receptacle for temporary storage and collection of designated recyclables from residents in MFD’s prior to Collection. Such recycling containers must be separate, explicitly labeled on the lid and the front of the containers as to recyclables included, and colored differently from other containers for mixed solid waste or trash. 4 J1 Attachment 2 Packet Page Number 177 of 260 1.201.22 “Multiple family recycling service” Recycling Collection service, together with related public education and other customer services, provided to multiple family residents that utilize multiple family recycling containers (i.e., carts) and use multiple family recycling stations. 1.211.23 “Multiple family recycling stations” The location of multiple family recycling containers designated by the recycling Contractor with agreement of the MFD building owner. Multiple family recycling stations will likely be a cluster of recycling carts and/or recycling dumpsters. 1.221.24 “Non targeted materials” Materials that are not included in the City’s recycling program. Examples of typical non- targeted items include, but are not limited to, pumps on plastic bottles, ceramic material in glass streams, window glass and mirrors, paper cups and plates. 1.231.25 “Paper” Paper includes the following: newspapers (including inserts); household office paper and mail; cereal, cake mix, chips and cracker boxboard; egg cartons; old corrugated cardboard; phone books; Kraft bags; pop/beer boxes; pizza boxes, frozen food boxes, tissue boxes, and magazines/catalogs. No boxboard containers used for food product storage 1.26 “Participation rate” Percentage of residents participating in refrigeratorscurbside or freezers are included, except formulti-family recycling. Participation is defined as a resident who places recyclables at the tops of pizza boxescurb or utilizes their multi-family recycling containers at least once per month. 1.241.27 “Plastics” All plastics with plastic resin codes #1 (PET & PETE); #2 (HDPE); #3 (PVC); #4 (LDPE); #5 (PP); #6 (PS - except Styrofoam), and #7 (other). These will include, but not be limited to, plastic beverage bottles; liquor; juice; milk; soft drinks; certain foods; soap and cosmetics; plastic tubs (yogurt, sour cream, margarine); tree, flower and shrub containers; plastic toys; and motor oil bottles (drained). Plastic lids, caps, rings and pumps are not included.), and retail plastic bags. 1.251.28 “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 and prepared for shipment to markets as commodities but are of relatively low-value because of depressed market demand conditions. The maximum percent of process residuals shall not exceed six percent (6%). 5 J1 Attachment 2 Packet Page Number 178 of 260 1.261.29 “Processing” The sorting, volume reduction, baling, containment or other preparation of recyclable materials delivered to the processing center for transportation or marketing purposes. 1.271.30 “Processing center” A recycling facility in which recyclable materials are processed. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions. 1.31 “Revenue share” Any increases in tonnage of recyclables with the use of recycling carts over the tonnage of that month in the previous year of the Contract Re-Opener with the use of recycling bins will result in a seventy (70%) revenue share for the blended value of all commodities collected using the following procedure: Total tonnage for the month shall be apportioned to the individual commodities by use of the most recent composition study conducted by the Contractor and monitored and approved by the City. The value of the commodity for a particular month shall be determined by the price quoted in Recyclingmarkets.net on the fifth business day of that month. 1.32 “Small business” A commercial building capable of having its recyclables collected in carts rather than a dumpster. 1.281.33 “Steel cans” Disposable containers fabricated primarily of steel or tin, used for food and beverages. 1.291.34 “Textiles” Textiles include unwanted but reusable linens such as towels, sheets, blankets, curtains, tablecloths and clothes (including belts, coats, hats, gloves, shoes and boots that are clean and free of mold, mildew and excessive stains). Textiles must be dry. 1.301.35 “Work Plan from Contractor” The annual work plan proposal for recycling system improvements submitted from the Contractor and approved by the City. 2. Term of Contract The term of this recycling contract will be a period of three (3two (2) years from January 1, 20112014 through December 31, 20132015. The City may consider up to two (2), one (1) year extensions for years 20142016 and 20152017, at the City’s sole discretion. 3. Annual Work Plan The Contractor shall submit an annual work plan proposal no later than October 1 for the upcoming calendar year to outline key priorities for system improvements. Public education tools shall be itemized and approximate timelines described. Other service improvements may also be included in the work plan. The City shall review and approve the work plan by no later than November 1 each year. The annual work plan shall be incorporated by reference as an amendment to this contract. 6 J1 Attachment 2 Packet Page Number 179 of 260 4. Annual Performance Review Upon receipt of the Contractor’s annual report, the City shall schedule an annual meeting with the Contractor and the City’s Environmental and Natural Resources (ENR) Commission. Once concluded, the report from the ENR Commission shall be presented to the City Council, and a meeting will be held between the Council and Contractor to review the performance of the contract. The objectives of this annual meeting will include, but not be limited to: • Review Contractor’s annual report, including trends in recovery rate and participation rate. • Efforts the Contractor has made to expand recyclable markets. • Review Contractor’s performance based on feedback from residents to the ENR Commission, City Council, and City staff. • Review Contractor’s recommendations for improvement in the City’s recycling program, including enhanced public education and other opportunities as contained within the annual work plan for the upcoming year. • Review City staff recommendations for Contractor’s service improvements. • Discuss other opportunities for improvement with the remaining years under the current contract. 5. “Single Stream” Recyclables Collection/Processing System 5.1 Single Stream Recyclables Single stream recyclables collection and processing system shall be the basic service system design for this contract. Under this single stream design, residents will be instructed to comingle all cityCity designated recyclables, except clean, reusable textiles, in the red City of Maplewood fourteen (14) galloncurbside recycling bin In addition, residentsor carts. Residents may place clean, reusable textiles separate from other recyclables in water-proof bags labeled “Clothes and Linens”. 5.2 Change of Recyclables Collection System During this contract period, the City may elect to change the recyclables collection system to use curbside recycling carts. These carts may be purchased by the City, or by the Contractor, and the carts may be distributed by the City or its proxy or by the Contractor, as determined in Section 6. 5.3 Changes to Processing System The Contractor shall not make any changes to the single stream collection or processing system without written approvaldirection of the City. 6. Payment Terms The Contractor will invoice the City of Maplewood on a monthly basis and the City will pay the contractor no later than net thirty (30) days of receipt of the invoice. The billing system will include the following elements: 7 J1 Attachment 2 Packet Page Number 180 of 260 6.1 Per Unit Fee A charge for collection services calculated by multiplying the number of single family units and, multiple family units, and churches and small businesses times the per unit fee of one dollar and seventy-five cents ($1.75) per unit per month. Currently, the 6.2 Households The City has determined that there are eleven thousand sixthree hundred and eightyforty-five (11,680345) single family units and four thousand one hundred eighty twoseventy (4,182170) multiple family units in the City of Maplewood. The City will pay the Contractor for all single family units in the City, but will only pay one dollar and seventy-five cents ($1.75) per unit per month for those multiple family units that the Contractor actually services. The City will notify the Contractor of any changes in the number of single family units (e.g., new construction and/or demolition of existing single family units).January 1 of each year the Contractor and the City will review household counts to determine changes in household numbers. The review will include a study of the City’s trash collection and recycling routes, water utility billing, Community Development Department housing counts, Census housing data, Metropolitan Council housing data and Contractor route inspections to come up with the most accurate housing counts. The housing count numbers will be modified yearly by February 1 of each year based on this review. 6.3 Churches and Small Businesses Churches and small businesses which are capable of having recyclables collected in curbside recycling carts are able to use the City’s recycling Contractor to provide recycling services. The City will pay the Contractor for all churches and businesses that opt into the recycling program at a rate of one dollar and seventy-five cents ($1.75) per one (1) or two (2) ninety-five (95) gallon recycling carts used by the church or small business, and one dollar and seventy-five cents ($1.75) for each subsequent cart beyond one (1) or two (2). The City will work with the Contractor in determining which churches and small businesses are cable of opting into the City’s recycling program, with final approval by the City. The Contractor will break out the pricing for churches and small businesses separately in its invoice to the City and will report on the number of churches and small businesses in the Monthly and Yearly reports. The recycling containers for churches and small businesses 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 approved by the City, attached to the lid and the front of the carts, and which identify the type of recyclable material to be deposited in each container. Recycling containers shall be colored differently from other containers for mixed solid waste or trash. 4. Maintained in proper operating condition and reasonably clean and sanitary. 5. Repaired or replaced on a reasonable schedule if broken due to regular wear and tear. 6. Provided at no cost to the City or residents. 7. Approved by City staff for use prior to entering service. 8 J1 Attachment 2 Packet Page Number 181 of 260 6.4 Conversion to Curbside Recycling Carts If the City, in its sole discretion, determines that it wishes recycling services to its residents, churches, and small businesses to be provided by use of curbside recycling carts, it shall so notify the Contractor. The City shall also determine which cart option and delivery system (“1” or “2” below) it will implement, and will notify the Contractor of its decision. 1. Contractor-Supplied Recycling Carts: If the Contractor supplies the curbside recycling carts to Maplewood residential properties and churches and small businesses, the Contract term will be extended for an additional four (4) years and the cost of the Contract shall be two dollars and fifty cents ($2.50) per household or church or small business per month for the first two (2) years of the Contract and two dollars and seventy five cents ($2.75) per household or church or small business per month for two (2) additional years. 2. City-Supplied Recycling Carts: If the City purchases the curbside recycling carts for Maplewood residential properties and churches and small business, the cost of the Contract shall remain at one dollar and seventy five cents ($1.75) per household or church or small business per month for the remainder of the contract, with the possibility of two (2) additional one (1) year extensions. Additionally, the City will capture seventy percent (70%) of the revenue earned for any increases in tonnage of materials collected with the use of curbside recycling carts over tonnage collected in 2012 with the use of recycling bins. 6.5 Revenue share The City and the Contractor intend to implement more effective recycling education programs and the City will, during the Contract period, determine if the use of curbside recycling carts for single stream recycling is in the best interests of the City for Contract years 2014 and 2015. If the City elects to begin collection of recyclables in curbside recycling carts, any increase in tonnage of all commodities collected with the use of carts over the tonnage of that month in 2012 with the use of curbside recycling bins shall result in a share of recycling revenue to be returned to the City as follows: • Each month seventy percent (70%) of the blended value of all commodities, net processing, shall be returned to the City using the following procedure:  The current year’s monthly tons minus the previous year that the Contractor Re- Opener was negotiated monthly tons for that same month. Any increase in tons based on this calculation will trigger the revenue share procedure as follows: o Total tonnage for the month shall be apportioned to the individual commodities by use of the most recent composition study conducted by the Contractor and monitored and approved by the City. o The value of the commodity for a particular month shall be determined by the price quoted in Recyclingmarkets.net on the fifth (5th) business day of that month. o Values for each commodity will be divided by the apportioned percent of each commodity from the composition study. o Addition of the apportioned commodity values will equal the blended value per ton of all commodities. o Minus the processing fee of eighty dollars ($80.00) per ton equals the total revenue increase over the previous year that the Contract Re-Opener was negotiated. 9 J1 Attachment 2 Packet Page Number 182 of 260 o Seventy percent (70%) of the total revenue share goes to the City for its revenue share. o Revenue share is credited on the City’s invoice for the next month. Example: January 2013 Recycling Tons 4,000 January 2012 Recycling Tons 3,920 Current Net Tons 80 Blended Value per Ton $104.06 (Based on January Recyclingmarkets.net) Minus Processing Fee - $80.00 Equals Increase in Revenue $24.06 Multiplied by 70% x .70 Equals City’s Share of Revenue Increase $16.84 Multiplied by Current Net Tons 80.00 Equals the City’s January Revenue Share $952.26 • The City shall not be penalized for decreases in tonnage. If there is a decrease in tonnage, there is no revenue share due to the City. 6.26.6 Other Any other mutually agreed upon charges or credits for any other future efforts outside of the scope of this contract (e.g., organics and food waste collection, public space recycling, etc.). 7. Cart Purchasing Plan If the City elects to begin collection of recyclables with curbside recycling carts and elects to purchase the curbside recycling carts, the City shall develop a cart purchasing plan and schedule in coordination with the Contractor. The Contractor shall review and comment on this cart purchasing plan. 8. Cart Distribution and Management Plan If the City elects to begin collection of recyclables with curbside recycling carts and elects to purchase the curbside recycling carts, the Contractor shall develop a cart distribution and management plan in coordination with the City within two (2) weeks of adopting the cart purchasing plan. The City may elect to include its cart manufacturer as part of the team to plan for cart distribution and management. The Contractor may elect to include any cart management subcontractor as part of the cart distribution and management team. 7.9. RFP and Contractor’s Proposal The contents of the City’s original Request for Proposal (RFP) for Recycling Services (dated June 1, 2010) and the Contractor’s original proposal (dated June 30, 2010) are part of the contractual obligations and are incorporated by reference into this contract. If any provision of the contract is in conflict with the referenced RFP or proposal, the contract shall take precedent. 10 J1 Attachment 2 Packet Page Number 183 of 260 GENERAL REQUIREMENTS FOR ALL COLLECTIONS The following general requirements are pertinent to all recycling collections (i.e., both curbside recycling collection and multiple family recycling collection services). However, the City acknowledges that collection service frequencies and other factors will vary between residential and, multiple family and church and small business collection programs. 8.10. 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. 9.11. Severe Weather The Contractor may postpone recycling collections due to severe weather at the sole discretion of the Contractor. “Severe Weather” shall include, but not be limited to, those cases in which snow, sleet, ice or cold temperatures might jeopardize the safety of the Contractor’s staff or result in unsafe driving conditions. If collections are postponed, the Contractor shall notify the City. Upon postponement, collection will be made on a day agreed upon between the Contractor and the City. 10.12. Collection Hours and Days The City requires all such collections to begin no sooner than 7six (6) a.m. and shall be complete by seven (7) p.m. Furthermore, the City requires scheduled collection days to be Monday through Friday, and agreed upon Saturdays during holiday weeks. The Contractor may request City approval of exceptions to these time and day requirements (e.g., pursuant to the “Severe Weather” section - Section 911 above). The Contractor must request such exception from the City’s Designated Contact Person via telephone or email prior to the requested collection event, and specify the date, time and reason for the exception. 11.13. Customer Complaints The Contractor shall provide staffing of a telephone equipped office to receive missed collection complaints and other complaints between the hours of seven (7:00) a.m. until five (5: 00) p.m. on all days of collection as specified in this Agreement. The Contractor shall have an answering machine or voice mail system activated to receive phone calls after hours. The address and telephone numbers of such office shall be given to the city in writing, with ten (10) days prior notice of changes therein. The address of this office as of the execution of the contract is 720 4th Street, St. Paul Park, Minnesota 55071 and the telephone number is 651-459-1887. The Contractor shall also allow complaints to be made electronically. Each month the Contractor shall provide the City with a list of all customer complaints, the nature of these complaints and a description of how each complaint was resolved. The names of the complainants and contact numbers or e-mail addresses must also be included. 11 J1 Attachment 2 Packet Page Number 184 of 260 Complaints on service will be taken and collected by the City and the Contractor. The City will notify the Contractor of all complaints it receives. The Contractor is responsible for corrective actions. The Contractor shall answer all complaints courteously and promptly. 12.14. City Retains Right to Specify Resident Preparation Instructions The Contractor shall agree that it is the City’s sole right to clearly specify the resident sorting and setoutset out requirements. The Contractor shall publish and distribute, on an annual basis, the detailed recyclable preparation instructions for its residents as part of its annual public education flyer. 13.15. City Shall Approve Contractor’s Public Education Literature The Contractor shall conduct its own promotions and public education to increase participation and improve compliance with City-specified residentrecycling preparation instructions as per the public education elements of the annual work plan. At a minimum, this shall include: production and distribution of an annual flyer to each home; and distribution of “resident education tags” to be left by curbside collection crews if any non- targeted material is rejected and left at the curb. The Contractor shall submit a draft of any public education literature for approval by the City, at least one (1) month before printing and release of any such literature. 14.16. Weighing of Loads Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver’s name, vehicle number, tare weight, gross weight, net weight and number of recycling stops for each loaded vehicle. Collection vehicles will be weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be kept on file and made available for inspection upon request by the City. 15.17. Monthly and Annual Reports The Contractor will submit to the City monthly and annual reports. At a minimum, the Contractor shall include the following information in these reports: • Total quantities of recyclable materials collected, by material type (in tons).) for single family, multi-family, city facilities, parks, churches and small businesses. • Net quantities of recyclable materials marketed, by material type (in tons). • Quantities stored, by type of material, with any notes as to unusual conditions (in tons). • Quantity of process residual disposed of (in tons). • RecyclingFor single and multiple family homes, recycling service fee (based upon the contracted price of one dollar and seventy five cents ($1.75) per unit per month). or as outlined in Section 6. • For churches or small business, recycling service fee of one dollar and seventy five cents ($1.75) for up to two ninety five (95) gallon recycling carts, and one dollar and seventy five cents ($1.75) per cart thereafter or as outlined in Section 6. 12 J1 Attachment 2 Packet Page Number 185 of 260 • Log of all resident and church or small business addresses where education tags were left because of non-targeted materials set out for recycling. • Log of all complaints, including the nature of the complaints, to include the following: names, addresses, and contact numbers of the complainants; the date and time received; the Contractor’s response; and the date and time of the response. • Log of vehicle load weights which exceed the allowable maximum loaded weight of 40,000 pounds. • List of single family addresses that do not set out recycling bins at least once a month. • Recycling cart data including cart inventory, replacement, repair, warranty issues, etc. Monthly reports shall be due to the City by the fifteenth (15th) day of each month. Annual reports shall be due by January 31 of each year. The Contractor will be encouraged to include in its annual report recommendations for continuous improvement in the City’s recycling program (e.g., public education, multiple family recycling, etc.). 16.18. Ownership of Recyclables Ownership of the recyclables shall remain with the person placing them for collection until Contractor’s personnel physically touches them for collection, at which time the ownership of the recyclables shall transfer to the Contractor. 17.19. Scavenging Prohibited All recyclable materials placed for collection shall be owned by and are the responsibility of the occupants of residential or church or small business properties until the Contractor handles them. Upon collection of the designated recyclable materials by the Contractor, the recyclable materials become the property and responsibility of the Contractor. It is unlawful for any person other than the City’s recycling Contractor or owner’s independent hauler to collect, remove, or dispose of designated recyclables after the materials have been placed or deposited for collection in the recycling containers. The owner, owner’s employees, owner’s independent hauler’s employees, or City’s recycling Contractor’s employees may not collect or “scavenge” through recycling in any manner that interferes with the contracted recycling services. 18.20. Cleanup of Spillage or Blowing Litter The Contractor shall clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Designated recyclables shall be transported in a covered vehicle so that the recyclables do not drop or blow onto any public street or private property during transport. 19.21. Recyclable Materials Transported to Markets Upon collection by the City’s recycling Contractor, the Contractor shall deliver the designated recyclables to a recyclable material processing center, an end market for sale or reuse, or to an intermediate collection center for later delivery to a processing center or end market. It is 13 J1 Attachment 2 Packet Page Number 186 of 260 unlawful for any person to transport for disposal or to dispose of designated recyclables in a mixed municipal solid waste disposal facility. The Contractor shall not landfill, incinerate, compost or make fuel pellets out of the recyclable materials. 20.22. Designated Primary Glass Market The City and Contractor hereby agree that eCullet (St. Paul, MN) and Anchor Glass Corp. (ShakopeeStrategic Materials (St. Paul, MN) will process and sort glass bottles and jars and shall remain the primary market of choice for glass bottles and jars collected from the City’s recycling program. The Contractor shall develop a proposed glass marketing contingency plan in writing for review, comment and approval by the City. This contingency plan shall be based on recycling glass into markets with the highest and best use of this commodity. The Contractor shall provide an annual assessment of eCullet’s Strategic Material’s performance and the Anchor glass market as part of its annual report to the City. The Contractor shall provide as much notice as possible if the eCullet or Anchor GlassStrategic Materials plant closes, stops accepting recyclable glass cullet, or otherwise becomes economically unfeasible as the primary glass market outlet. If eCullet or Anchor GlassStrategic Materials are no longer a viable primary market for glass, and if the Contractor must adjust its glass processing and/or marketing operations, the Contractor must submit a proposed plan amendment to the City so that glass continues to be recycled as glass with the highest and best use of this commodity rather than being used for road aggregate, sandblast media, fiberglass or other alternative uses. 21.23. Processing Facilities The Contractor shall assure the City that adequate recyclable material processing capacity will be provided for City material collected. The Contractor shall provide written notice to the City at least sixty (60) days in advance of any substantial change in these or subsequent plans for receiving and processing recyclables collected from the City. 22.24. Estimating Materials Composition as Collected The Contractor shall conduct at least one materials composition analysis of the City’s recyclables during October of each year to estimate the relative amount by weight of each recyclable commodity by grade. The results of this analysis shall include: (1) percent by weight of each recyclable commodity by grade as collected from the City; (2) relative change compared to the previous year’s composition; (3) percent by weight of the Process Residuals collected from the City; 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 City shall be notified of the composition analysis and be offered the opportunity to view the sorting and weighing of materials. The Contractor shall provide the City with a copy of the analysis for each year of the contract. 23.25. Estimating Process Residuals In October of every year the Contractor shall estimate the City’s process residuals. The Contractor shall provide the City a written description of the means to estimate process residuals derived from the City’s recyclables. This written description shall be reviewed and 14 J1 Attachment 2 Packet Page Number 187 of 260 approved in writing by the City. This written description shall be updated by the Contractor immediately after any significant changes to the processing facilities used by the Contractor. The City may audit the records of the Contractor to verify that the agreed upon process is being followed (see Section 5664, Inspection of Records). The quantities of Process Residuals must not exceed the agreed upon residual rate of six percent (6%). This percentage must be reported to the City in the annual composition analysis as described in Section 2224. In addition, the Contractor must report to the City, on an annual basis, the disposal location of Process Residuals. 24.26. Lack of Adequate Market Demand In the event that the market for a particular recyclable ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue the Collection, processing and marketing of that particular recyclable, the City and the Contractor will both agree in writing that it is no longer appropriate to collect such item before collection ceases. The Contractor shall give the City as much notice as possible about the indications of such market condition changes. The City and Contractor shall agree on 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. The City and the Contractor will negotiate a cost for disposal as a substitute for a Processing fee for that material. 25.27. Vehicle Requirements Vehicles shall be clearly signed on both sides as a recycling Collection vehicle. In addition, all Collection vehicles used in performance of the Contract shall: • Be marked with the name and telephone number of the Contractor prominently displayed on both sides of the truck. The lettering must be at least three (3) inches in height. • Operate within the weight allowed by Minnesota Statures and local ordinances; • Be duly licensed and inspected by the State of Minnesota; • Have a maximum loaded weight not to exceed 40,000 pounds; • Have a two (2) way communication device; • Have a first aid kit; • Have an approved fire extinguisher; • Have warning flashers; • Have a broom and shovel for cleaning up spills; • Have warning alarms to indicate movement in reverse; • Have a sign on rear of vehicle which states “This vehicle makes frequent stops”; 15 J1 Attachment 2 Packet Page Number 188 of 260 • All of the required equipment must be in proper working order. • All vehicles must be maintained in proper working order and be as clean and free of offensive odors as possible. 26.28. Personnel Requirements Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Agreement. Contractor’s personnel shall 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: • Conduct themselves at all times in a courteous manner and use no abusive or foul language. • Make a concerted effort to have at all times a presentable appearance and attitude. • Wear a uniform and employee identification badge or name tag. • Drive in a safe and considerate manner. • Manage curbside recycling bins and multiple family containers in a careful manner so as to avoid spillage and littering, or damage to the bin or container. Containers should not be thrown once emptied. • Monitor for any spillage and be responsible for cleaning up any litter or breakage. • Avoid damage to property. • Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. 27.29. Licenses and Permits The Contractor shall ensure that all driver and truck licenses and permits are current and in full compliance with local, state and federal laws and regulations. Any processing facility used to handle material from the City of Maplewood must have current permits and licenses as required by the appropriate city, county, state and federal laws and ordinances. Contractor shall make available for inspection all such licenses and permits upon request by the City. Contractor must have a Collection license issued by the City per City Code Section, Chapter 30-41.. 28.30. Performance Monitoring The City will monitor the performance of the Contractor against goals and performance standards required within this Agreement. The City reserves the right to inspect Contractor facilities or vehicles at any time during normal business hours for compliance with the language of the Agreement, and the performance measures and goals contained herein. Substandard performance as determined by the City in its sole discretion will constitute non- compliance. If action to correct such substandard performance is not taken by the Contractor within sixty (60) days after being notified by the City, the City will initiate contract termination procedures. 16 J1 Attachment 2 Packet Page Number 189 of 260 29.31. Liquidated Damages The Contractor shall agree, in addition to any other remedies available to the City, that the City may withhold payment from the Contractor in the amounts specified below as liquidated damages for failure of the Contractor fulfilling its obligations: 1. Failure to respond to legitimate service complaints within twenty four (24) hours in a reasonable and professional manner – fifty dollars ($50) per incident. 2. Failure to collect properly notified missed collections – two hundred and fifty dollars ($250) per incident. 3. Failure to provide monthly and annual reports – one hundred dollars ($100) per incident. 4. Failure to complete the collections within the specified timeframes without proper notice to the cityCity – one hundred dollars ($100) per incident. 5. Failure to clean up from spills during collection operations – two hundred fifty dollars ($250) per incident. 6. Failure to report on changes in location of recyclable processing operations – two hundred fifty dollars ($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 – one thousand dollars ($1000) per incident. 8. Exceeding the maximum process residual rate of six percent (6%) – one thousand dollars ($1,000) per incident. 9. Making changes to the Collection and Processing systems prior to receiving City approval to implement any such change – five thousand dollars ($5,000) per incident. 10. Failure to conduct and report results of the annual composition analysis – one thousand dollars ($1000) per incident. These amounts will be for liquidated damages for losses suffered by the City and not penalties. Three (3) or more such incidents in a six (6) month period shall constitute grounds for termination of Agreement and not subject to cure. CURBSIDE COLLECTION REQUIREMENTS The following collection requirements are for curbside recycling services only (single family dwellings and, buildings with up to four units, churches, small businesses, manufactured homes and townhomes), and do not pertain to multiple family household (buildings with more than four units) type of collection services. 30.32. Weekly Collection The Contractor shall collect curbside recycling materials weekly from the authorized curbside recycling bins, as hereinbefore defined, and provided by the City. No other different or unapproved receptacles shall be used in performance of this Agreement unless negotiated by the City and Contractor in writing. Violation of this provision shall be grounds for termination of the Agreement. Recyclables shall be collected on the same days corresponding to City trash collection days whenever possible (with the exception of curbside collection on Saturdays within agreed-upon “holiday weeks”). 17 J1 Attachment 2 Packet Page Number 190 of 260 31.33. Point of Collection All curbside collection service will occur at the curbside, with the exception of elderly residents or those with short or long-term physical limitations who require house-side collection service. 32.34. Curbside Collection Schedule Deadline If the Contractor determines that the collection of recyclables 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 designated contact person cannot be reached, the Contractor will request the City Manager. 33.35. Procedure for Handling Non-Targeted Materials If Contractor determines that a resident, church or small business 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 shall report the address to the City in the required monthly report. If this procedure for handling non-targeted materials is not feasible for automated or semi- automated Collection systems, the Contractor must specify and demonstrate alternative public education methods to the City for its approval so that the quality of recyclable materials set out by City residents will be maintained. 36. Participation Study The Contractor shall conduct at least one analysis of household participation per year. The results of the analysis shall include number and addresses of single family households not participating. The Contractor will then target nonparticipating households with educational material approved by the City. The Contractor shall provide the City with a copy of the analysis for each year of the contract. 37. Set Out Information The Contractor shall provide the City with the addresses of single family households not setting out curbside recycling bins at least once a month. The addresses will be supplied to the City in the Monthly Reports. 34.38. Public Education Information for Single Family ResidentsCurbside Collection The Contractor shall be responsible for the following: 1. Annual distribution of the Contractor’s recycling public education flyer as described in Section 1.34 and Section 1315. 18 J1 Attachment 2 Packet Page Number 191 of 260 2. Distribution of resident education tags to be left by curbside Collection crews if any non- targeted material is reflected and left at the curb. MULTIPLE FAMILY COLLECTION REQUIREMENTS The following collection requirements are for multiple family recycling services only and do not pertain to curbside collection services. 35.39. MFD Building Owners May Elect to Subscribe to City’s Recycling Service MFD building owners are be able to use the City’s recycling Contractor to provide recycling services. Alternatively, MFD building owners may independently contract with another licensed recycling contractor to provide the recycling services at the owner’s expense. 36.40. Multiple Family Collection Stations Multiple family recycling stations will be specified with agreement of the MFD building owner on a case-by-case basis. MFD recycling stations will likely be a cluster of recycling bins, carts and/or recycling dumpsters (e.g., for old corrugated cardboard). The number and location of MFD recycling stations shall be adequate to be reasonably convenient and accessible to all MFD residents. 41. 36.1 Multiple Family Container Location(s) Multiple family recycling containers shall be placed in a location(s) on the MFD premises which permits access for collection purposes but which does not obstruct pedestrian or vehicular traffic. Recycling containers must also comply with the City’s zoning and other ordinances. 37.42. Multiple Family Service Standards At a minimum, multiple family collection services shall be available on the premises and shall be provided on a regularly scheduled weekly basis, or as the City and Contractor agree is adequate. The Collection schedule and recycling containers’ capacity shall provide for regular removal of the recyclables such that there is adequate storage capacity available in the recyclable containers to avoid overflowing containers. 38.43. Multiple Family Recycling Container Requirements The recycling containers for buildings of eleven (11) units or more shall be: 3. Sufficient in number and size to meet the demands for recycling services created by the occupants. 4. Equipped with hinged lids. 5. Equipped with standardized labels approved by the City, attached to the lid and the front of the carts, and which identify the type of recyclable material to be deposited in each container. Recycling containers shall be colored differently from other containers for mixed solid waste or trash. 6. Maintained in proper operating condition and reasonably clean and sanitary. 19 J1 Attachment 2 Packet Page Number 192 of 260 7. Repaired or replaced on a reasonable schedule if broken due to regular wear and tear. 8. Provided at no cost to the City or residents. 9. Receptacles shall be of a sort approvedApproved by City staff for use prior to entering service. 39.44. Responsibility for Providing and Maintaining Multiple Family Recycling Containers If the MFD building owner uses the City’s Contractor, adequate multiple family recycling containers shall be provided and maintained by the City’s Contractor. 40.45. Public Education Information for Tenants with Multiple Family Recycling Service At least once per year, the City’s recycling Contractor shall supply the multiple family building owner with the sufficient number of recycling fact sheets with instructions for the tenants in their building(s). The information should specifically address multiple family recycling service, and should not be the same educational material distributed to single-family residents. 41.46. Other Public Education Tools to Residents with Multiple Family Recycling Service The Contractor shall provide other public education tools (e.g., educational material in languages other than English such as Spanish, Hmong, Somali, etc.) that the Contractor will provide, in cooperation and coordination with multiple family building owners, as part of the annual work plan. The City will work with the Contractor regarding the quantities needed and the locations for distribution. 42.47. Annual Report to MFD Building Owners The City’s Contractor shall provide an annual report by January 31 of each year to the multiple family building owners served by the City’s Contractor. A copy of each report to the multiple family building owners shall also be submitted to the City. The report shall contain, at a minimum, the following information: 1. Name of owner, building manager and contact information (mailing address, telephone numbers, emaile-mail, etc.) 2. Street address of each multiple family building served. 3. Number of dwelling units for each multiple family building. 4. Description of collection services made available to occupants, including number of multiple family recycling stations, number of multiple family recycling containers, location of stations (or curbside service provided for multiple-family buildings under eleven (11) units) and dates of collection. 5. Description of public education tools used to inform occupants of availability of services. 6. Tonnage quantities for each type of material recycled. 7. Recommendations for future improvements to increase recovery rates (e.g., specific public education tools). 20 J1 Attachment 2 Packet Page Number 193 of 260 43.48. Municipal Facilities Collection Requirements The Contractor shall provide, at no charge, recycling containers and collection services once per week at the following City buildings: 1. City Hall - 1830 County Road B East 2. Public Works Building - 1902 County Road B East 3. Park & Recreation Maintenance Building - 1810 County Road B East 4. Fire Station One - 1177 Century Avenue North 5. Fire Station Two - 1955 Clarence Street 6. Fire Station Three – 1530 Hazelwood Street 6.7. Maplewood Community Center - 2100 White Bear Avenue 8. Nature Center – 2659 East 7th Street 7.9. Staging Areas for Public Space Recyclables (beginning in March 2010). Staging areas to be determinedas designated by the City. 49. Annual Municipal Facilities Report The Contractor shall provide an annual report by January 31 to the City in regard to recycling at Municipal Facilities. The report shall contain, at a minimum, the following information: 1. Description of collection services made available to Municipal Facility, including number of recycling containers and dates of collection. 2. Tonnage quantities for each type of material recycled. 3. Recommendations for future improvements to increase recovery rates (e.g., specific public education tools). INSURANCE AND OTHER LEGAL REQUIREMENTS 44.50. Insurance Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the contract and shall remain continuously in force for the duration of the contract. The Contractor shall have the City of Maplewood named as an additional insured on each insurance policy specified below, unless the Contractor submits in writing this is not feasible for a specific insurance policy. The Contractor shall then provide certificates of insurance to the City by approximately December 15 of each year. The Contractor and its sub-contractors shall secure and maintain the following insurance: 44.151. Workers Compensation Insurance Workers compensation insurance shall meetas specified by the statutory obligations with Coverage B - employer’s liability limitsMinnesota Department of at least $100,000 each accident, $500,000 disease - policy limitOccupational Health and $100,000 disease each employee.Safety and federal law. 21 J1 Attachment 2 Packet Page Number 194 of 260 44.252. Commercial General Liability Insurance Commercial general liability insurance shall be at the limits of at least $1, 500,000,000 general aggregate, $1,000,000 personal and advertising bodily injury, $1,000,000 eachper occurrence, $50,000 fireor combined single limit e, and $500,000 property damage and $1,000 medical expense for any one person. . The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. This insurance includes up to $10,000 in additional coverage for expenses incurred 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, including any deliberate, willful and negligent conduct on the part of Contractor or their laborers, employees or assigns. 44.353. Commercial Automobile Liability Insurance Commercial automobile liability insurance covering all the Contractor’s owned, non-owned and hired automobiles with limits of at least $1,000,000 per accident.person, $5,000,000 per occurrence, and $500,000 property damage or combined single limit. This insurance includes a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation. 44.4 Environmental Liability Insurance The Contractor agrees that they shall obtain and maintain environmental liability insurance in compliance with local, state and federal regulations for all matters related to in this recycling services agreement. The Contractor shall add the City as an additional insured under said insurance policy(s). The policy coverage shall include environmental impairment liability. The Contractor shall provide the City with appropriate documentation of said environmental liability insurance for verification upon written request from the City. The Contractor further indemnifies the City, its employees, agents and licensees from all liability related to hazardous contamination/pollution resulting from the acts of the Contractor, its employees or agents. 45.54. 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 notation, without the prior written approval of the City. The Contractor shall not subcontract any services under this contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or subcontract shall be grounds for immediate contract termination. 46.55. Non- Assignment and Bankruptcy The parties hereby agree that the Contractor shall have no right to assign or transfer its rights and obligations under said Agreement without written approval from the City. In the event the City or 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. 22 J1 Attachment 2 Packet Page Number 195 of 260 47.56. Dispute Resolution and Arbitration Procedures The parties agree that any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled, at the option of the Contractor, by arbitration in accordance with the Rules of the American Association of Arbitration and judgment upon the award by the arbitrator(s) may be entered in any court with jurisdiction thereof. 48.57. Performance Bond This contract specifies requirements for a performance bond in the case of the Contractor’s failure to perform contracted services. The performance bond shall be for a minimum of $300,000. The responsibility for renewal is the responsibility of the Contractor. 49.58. General Compliance The Contractor agrees to comply with all applicable local, state and federal laws and regulations governing funds provided under this Agreement. The Contractor pays its employees a living wage based on the recycling industry in the State of Minnesota and Washington County. The Contractor does not use temporary labor arrangements to avoid paying a living wage. Additionally, the contractor provides health insurance for all full time employees and a pro rata share for employees working more than twenty (20) hours but less than forty (40) hours a week. 50.59. Independent Contractor Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or subcontractors 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 the Contractor. 51.60. Hold Harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in the performance of the services provided by this contract, any resulting environmental liability that is a result of this Agreement or by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations under this Agreement. 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. 23 J1 Attachment 2 Packet Page Number 196 of 260 52.61. Accounting Standards The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this contract. 53.62. Retention of Records The Contractor shall retain all records pertinent to expenditures incurred under this contract for a period of six (6) years after the resolution of all audit findings. Records for non- expendable property acquired with funds under this contract shall be retained for six (6) years after final disposition of such property. 54.63. Data Practices The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information relating to this Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor’s unlawful disclosure or use of data protected under state and federal laws. All proposals shall be treated as non-public information until the proposals are opened for review by the City. At that time the proposals and their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 55.64. Inspection of Records All Contractor records with respect to any matters covered by this Agreement shall be made available to the City or its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 56.65. Applicable Law The laws of the State of Minnesota shall govern all interpretations of this Agreement, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Ramsey, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. 57.66. 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 Agreement if the default has not been cured after sixty (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 Agreement 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 24 J1 Attachment 2 Packet Page Number 197 of 260 Agreement shall, at the option of the City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 58.67. Employee Working Conditions and Contractor’s Safety Procedures The Contractor will ensure adequate working conditions and safety procedures are in place to comply with all applicable local, state and federal laws and regulations. The City reserves the right to inspect on a random basis all trucks, equipment, facilities, working conditions, training manuals, records of claims for worker's compensation or safety violations and standard operating procedures documents. 59.68. Agreement Amendments Any amendments to this Agreement shall be valid only when reduced to writing, and duly signed by the parties. IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written. Tennis Sanitation, LLC City of Maplewood: By_______________________ By_________________________ Chief Executive Officer City Manager Date:_____________________ Date:_______________________ By_______________________ By________________________ Chief Operating Officer Mayor Date:_____________________ Date:_______________________ APPROVED TO FORM 25 J1 Attachment 2 Packet Page Number 198 of 260 MEMORANDUM TO : Charles Ahl, City Manager FROM: Michael Martin, AICP, Planner Melinda Coleman, Assistant City Manager SUBJECT: Approval of a Resolution for a Conditional Use Permit Revision and Design Review for a Tennis Court Addition, Hill Murray School, 2625 Larpenteur Avenue A. Planning Commission Report B. Community Design Review Board Report C. Approval of a Resolution for a Conditional Use Permit Revision D. Approval of Design Review DATE: September 3, 2013 Introduction Larry Wacker, of Sanders Wacker Bergly, representing Hill-Murray School, is proposing to construct tennis courts at the southeast corner of the school property, adjacent to Larpenteur Avenue. The tennis court facility would include eight tennis courts, sidewalks, bleacher seating, a small plaza for staging and gathering and a small storage shed. The tennis courts will not have any lighting. The school does not currently have any tennis courts because of a previous building expansion that removed the courts. According to the applicant, the proposed location of the facility is the only buildable space on the school property that is large enough to accommodate the courts and is not devoted to other uses. The project design will require minor grading on the adjacent property, now owned by the Harriet Tubman Center. Officials of Hill Murray and Harriet Tubman have met and have agreed on the design of the tennis court project as shown on the attached drawings. To move forward with this project Mr. Wacker and Hill Murray School is requesting city approval of the following: 1. Revisions to the conditional use permit (CUP). They are proposing changes to the approved plans for the school. The city code requires a CUP for schools. 2. Design approval for tennis courts on the east side of the property. This includes the architectural, site and landscape plans for the project. Background August 24, 1992: Council approved a sign size variance for a 99-square-foot wall sign for Hill- Murray. At the time the code allowed 24 square feet. On April 8, 1996, the city council approved a conditional use permit (CUP) for Hill-Murray to make changes and improvements to their athletic fields. This approval was subject to ten conditions. J2 Packet Page Number 199 of 260 On July 14, 1997, the city council reviewed the CUP for Hill-Murray. At this meeting, the council changed Condition 8 of the 1996 approval to read as follows: “Applicant may be required to plant 30 native species of trees for screening between the playing fields and the homes on Knoll Circle, as may be determined at a future hearing on the conditional use permit.” On May 11, 1998, the city council approved a wetland buffer setback variance and a conditional use permit revision for the Hill-Murray athletic facilities. These requests were to update and revise the plans that the city had approved for the school’s athletic facilities in 1996 and in 1997 and were subject to several conditions. On June 28, 1999, the city council approved the following for Hill-Murray High School: 1. Revisions to the conditional use permit (CUP). They proposed several changes to the approved plans for the school. The city code requires a CUP for schools. This approval was for the school to replace and expand the school’s main entry, which they have now completed. The school also proposed an expanded parking lot on the east side of the school building. 2. The designs for an addition to the main entry of the school. This included the architectural, site and landscape plans for the project. On November 13, 2001, the city council approved a CUP revision for the school. This revision was for plans for an addition on the west side of the school that included a chapel and a student entrance. On August 28, 2006, the city council approved a CUP revision and the project plans for the school. These approvals were so that Hill-Murray could: 1. Put a 31,500-square-foot addition onto the east side of the field house for additional gym and locker room space. 2. Renovate and remodel the interior of the existing athletics building. Budget Impact None. Discussion Conditional Use Permit Revisions The proposed tennis court addition meets the findings for a CUP approval and would be compatible with the existing school and the development in the area. None of the proposed changes nor the addition should cause any problems for the city or for the neighbors. J2 Packet Page Number 200 of 260 Design Review Site and Layout Plan The proposed tennis courts will have roughly a north-south orientation with four sets of bleachers on the east and west sides of the facility. An existing sidewalk will provide a path from the school to the tennis courts and the walk will continue around the perimeter of the facility to each of bleacher sets. A proposed concrete pad on the northeast corner of the site would be for a 12’ by 12’ wood storage shed. Because of the grading of this site, retaining walls are required on both the east and west sides of the complex. Any retaining walls four feet or over will be required to have a fence as required by code. Parking Considerations The school is not proposing an increase in its student population with this project. As such, this project will not create a need for additional parking for the school. However, the removal of 20 parking spaces is needed for the tennis complex. In 2006, the school added these 20 spaces for additional parking but they were not required by city code. The city code requires schools to provide one parking space for every 20 seats in an auditorium. After the removal of the 20 spaces the school will still have 405 parking spaces which far exceeds the code requirements for this site. Landscaping Within the project site, there are 40 significant trees. The applicant is proposing to remove 28 significant trees. Because the overall campus is large, the applicant is removing less than 20 percent of the significant trees on site and is only required to replace trees on a one-to-one basis. The code requires 28 trees be planted and the applicant is proposing 30 new deciduous trees. South of the tennis courts, the applicant is proposing a basin to help meet its stormwater treatment requirements. The applicant has proposed to seed the basin but staff is concerned with the amount of water entering the basin, which would wash away the seeds. Staff recommends the basin be planted with a mix of trees, shrubs and perennials. Department Comments Staff engineer Jon Jarosch and the city’s natural resources coordinator Ginny Gaynor have both reviewed this proposal and submitted reports. Please refer to the attachments for their reports. Committee Action Planning Commission On August 20, 2013, the planning commission held a public hearing and recommended approval of the proposed CUP revision for the tennis courts. Community Design Review Board On August 27, 2013 the community design review board recommended approval of the design plans for the proposed tennis courts. J2 Packet Page Number 201 of 260 Recommendations A. Adopt the attached resolution. This resolution approves revisions for the conditional use permit for Hill Murray School and tennis facilities at 2625 Larpenteur Avenue East. The city bases this approval on the findings required by ordinance. Approval is based on the findings required by the code and subject to the following conditions (deletions are crossed out and additions are underlined): 1. All construction shall follow the plans date-stamped July 29, 2013 as noted below: a. For the athletic fields, follow the plans date-stamped March 6, 1998. b. For the school and parking lot addition, follow the plans date-stamped May 19, 1999. c. For the chapel addition, follow the plans date-stamped October 1, 2001. d. For the field house, follow the plans dated June 28, 2006. These plans shall meet all the conditions and changes required by the city engineering department. The interim director of community development may approve minor changes. 2. The proposed construction for the tennis court complex field house addition must be substantially started within one year of council approval or the permit revision shall end. The council may extend this deadline for one year. 3. The city council shall review this permit annually to monitor the traffic and parking situations related to the use of the athletic fields. 4. Any new lights shall be installed to meet the city code. This requires that they be screened or aimed so they do not cause any light-glare problems on streets or residential properties. 5. Post and maintain signs on the edge of the wetland-protection buffer prohibiting any building, mowing, cutting, filling or dumping within the buffer. Wetland buffer signs in the mowed area shall be placed at the edge of the lawn. 6. That portion of the proposed walking/running path that is within 50 feet of the wetland shall be built with a pervious material. 7. Ensure that all bleachers and dugouts are at least 30 feet from the Sterling Street and Larpenteur Avenue right-of-ways. 8. The city may require the applicant to plant 30 native species of trees for screening between the playing fields and the homes on Knoll Circle, as may be determined at a future hearing on the conditional use permit. J2 Packet Page Number 202 of 260 9. The school shall prepare for city approval a turf management plan for the athletic fields. This plan shall include the mowing, watering and fertilizing practices that the school will follow in the care of their athletic fields and grounds. The school shall prepare and follow the plan so the practices will minimize the impact of the storm water run off on the nearby wetlands. 10. Submit a grading and drainage plan for watershed district approval to provide sedimentation control at the storm water discharge point before it dumps into the south wetland area. B. Approve the project plans date-stamped July 29, 2013, (site plan, landscape plan, grading and drainage plans and elevations) for the tennis court complex addition at Hill Murray School at 2625 Larpenteur Avenue. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree and sidewalk plans. The plans shall meet all the conditions and changes noted in Jon Jarosch’s memo dated August 1, 2013 and in Ginny Gaynor’s memo dated August 6, 2013. b. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete the following before occupying the addition: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged turf areas. c. Complete all landscaping for the addition. d. Install and maintain all required trees and landscaping (including the plantings around the pond) and an in-ground sprinkler system for all landscaped areas (code requirement). 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in J2 Packet Page Number 203 of 260 the spring or summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. J2 Packet Page Number 204 of 260 CITIZENS' COMMENTS Staff surveyed the owners of properties within 500 feet of the project site. Staff received one positive comment from the Tubman Center. For: I have reviewed the Hill Murray Tennis Court proposal received from the City of Maplewood. As stated in the memorandum from the landscape architects, Tubman representatives have met with Hill-Murray and have agreed on the location and design, and we are in support of Hill- Murray moving ahead with their project. (Christine M. Brinkman, Chief Operating Officer, Tubman) J2 Packet Page Number 205 of 260 REFERENCE INFORMATION Site Description Site size: 47 acres Existing land use: Hill-Murray School and athletic fields Surrounding Land Uses North: Single dwellings and undeveloped property South: Larpenteur Avenue and single dwellings West: Sterling Street, ponds and The Maplewoods Apartments East: Tubman Center and the St. Paul Priory Planning: Land Use Plan designation: I (Institution) Zoning: R-3 (multiple dwelling residential) Ordinance Requirements Section 44-1092(3) requires a CUP for schools. Section 44-1103(b) requires a CUP to enlarge a use for which a CUP is required. Criteria for Conditional Use Permit Approval Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. Ordinance Requirements Section 2-290(b) of the city code requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments, and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. J2 Packet Page Number 206 of 260 Application Date The city received the complete applications and plans for this development on July 29, 2013. State law requires that the city take action within 60 days of receiving complete applications for a proposal. As such, city action would normally be required on this proposal by September 27, 2013, unless the city files for or the applicant agrees to a time extension. Attachments: 1. Area Map 2. Location Map 3. Land Use Map 4. Zoning Map 5. Project Narrative 6. Proposed Layout Plan 7. Proposed Planting Plan 8. Jon Jarosch Report, dated August 1, 2013 9. Ginny Gaynor Report, dated August 6, 2013 10. Draft Planning Commission Minutes, dated August 20, 2013 11. Draft Community Design Review Board Minutes, dated August 27, 2013 12. Conditional Use Permit Revision Resolution 13. Project Plans (Separate Attachment) P:\SEC13-29\LARPENTEUR_2625_Hill Murray\CUP Revision_2013 J2 Packet Page Number 207 of 260 Chad Bergo Proposed Tennis Court Complex - 2626 Larpenteur AvenueArea Map Attachment 1 Public SafetyTraining Center Priory Open Space Hill Murray School 12 J2 Packet Page Number 208 of 260 Proposed Tennis Court Complex - 2625 Larpenteur AvenueLocation Map Attachment 2 Tubman CenterProposedTennis Courts Priory Open Space Hill Murray School 13 J2 Packet Page Number 209 of 260 Proposed Tennis Court Complex - 2625 Larpenteur AvenueFuture Land Use Map Attachment 3 High Density Residential ProposedTennis Courts Open Space Low Density Residential Institutional 14 J2 Packet Page Number 210 of 260 Proposed Tennis Court Complex - 2625 Larpenteur AvenueZoning Map Attachment 4 Multi-Family Residential ProposedTennis Courts Open Space Farm 15 J2 Packet Page Number 211 of 260 SANDERS WACKER BERGLY…A LOUCKS COMPANY Landsca e Architects And Planners MEMORANDUM TO: Michael Martin FROM: Larry Wacker SUBJBCT: Conditional Use Amendment Application - Hill-Murray School Tennis CourtsDATE: July 17,2013 Hill-Murray School is proposing to coflstruct tennis courts at the southeast comer of the school property, adjacent to Larpenteur Ave., as shown on the attached &awing. The scope of the improvements is planned to include eight tennis courts, walks, bleacher seating, a small plaza for staging and gathering and a small storage shed. Lighting of the courts is not included among planned improvements. The tennis court complex is a use consistent *ith oth.r athletic facilities on the school site and the project is designed to conform with the City's comprehensive plan and Code of Ordinances. School officials have met with City staff and this apptcation responds to itrff comments and direction. Tennis courts were removed ftom the campus several years ago to provide space for building expansion. Tennis, however, continues to be an important student activity and the recent transfer of property to the school (approximately 90'x450) from the Monastery east of Hill-Muray and the appropriation oifurrdr have made it possible to restore tennis facilities to the site. Seven or eight courts ,r. .,ro.rtly , .o-rrron number for high school venues and the eight courts vrill allow Hill-Murray to host tournament play. The proposed location of the facility is the only buildable space on the school property that is large enough to accommodate the courts and is not devoted to other uses. The project design will require minor g"1di"g oi th. adjacent property, now owned by the Harriet Tubman Center. Olfrcials of nil-tyturray arrdHarriet-Tubrian have met and have agreed on the design of the tennis coutt project as shown on the attached drawings. There is parking use on the portion of the Harriet Tubman proPerty that immediately adjoins the tennis courrs. The Harriet Tubman representatives did not express concerns that the tennis courts would depreciate property value or have other adverse affect on the properry or its users. Parking needs genetated by the tennis courts will be accommodated by existing parking lots on the Hill-Murray Campus. The tennis courts will not place additional demands on public facilities or serwices. The development will lessen traffic on public roads by reducing the number of bus/vehicle trips required to ffansport players to other venues for ptactice and play. The layout and gading of the tennis coutt complex are designed to minimize the visual impact on the site. The courts are set-back about 170' from the edge of the Lalpenteur Ave. pavement and about 135; from the sleet right- of-way. Existing trees are retained where possible and gading and &ainage design conforms with the storm water management objectives of the City and the Watershed District. 365 EAST KELLOGG BOULEVARD _ SAINT PAUL MINNESOTA 55101_1411 PH()NE: 651-221_0401 FノヽX: 651_297-6817 1/1∫fr OUR/EB∫rTEf w▼ハ∝′SWBINC.C()M Pflプ 2′θ―月′ととMυ RRパ y ttElvⅣ′S COυ RTSlcORREsPOArDEArCElⅣハR月ス丁′1/E FOP Cυ Pパ MEIvDMEArT スPPと ′Cパ T′ON.D00 Attachment 5 16 J2 Packet Page Number 212 of 260 Attachment 6 17 J2 Packet Page Number 213 of 260 J2 Packet Page Number 214 of 260 Attachment 8 Engineering Plan Review PROJECT: Hill Murray Tennis Courts PROJECT NO: 13-08 COMMENTS BY: Jon Jarosch, P.E. – Staff Engineer DATE: 8-1-2013 PLAN SET: Preliminary Plans dated 7-10-2013 REPORTS: Storm Water Management Report dated 7-10-2013 Hill Murray is proposing to construct a tennis court facility at the south east corner of its property. The proposed court area currently consists of a grassy hillside. Due to the addition of impervious surfaces in excess of 5,000 square-feet, the applicant is required to meet the City’s storm water quality and rate control requirements. The plans as proposed do not appear to meet these requirements and will need to be modified as further detailed below. The applicant is requesting design review. This review does not constitute a final review of the plans as the applicant will need to submit construction documents for final review, along with ratified agreements, prior to issuing building and grading permits. The following are engineering review comments, and act as conditions prior to issuing demolition, grading, sewer, or building permits. Drainage and Stormwater Management 1) It appears from the hydraulic calculations submitted that the proposed storm sewer system and infiltration basin does not meet the City’s rate control requirements. The system shall be modified to meet the City’s requirements. 2) The pipe between CBMH-2 and the infiltration basin is shown to have flow velocities in excess of 10 feet per second. Flow velocities such as this are likely to cause erosion at the outlet. This pipe run shall be modified to slow the flow velocity. A drop structure is advised before the pipe outlets into the infiltration basin. 3) A high water level and emergency overflow shall be shown on the plans for the both the infiltration basin and the basin surrounding CBMH-2. The overflows will need to have proper stabilization. 4) Energy dissipation (rip-rap, etc.) shall be extended to the basin bottom from the pipe discharging into the infiltration basin. A drop structure and pipe extending to the basin bottom is recommended. 19 J2 Packet Page Number 215 of 260 Attachment 8 5) The maximum depth of infiltration basins is 2-feet per the City’s Stormwater Standards. The infiltration basin shall be revised to reflect this requirement. 6) Soils information shall be submitted providing support for the infiltration rates utilized in the hydraulic calculations. The soil boring utilized for the basins infiltration rate shall be taken within the basins footprint. 7) It appears that over double the required infiltration volume has been provided. It is recommended that drain-tile be installed beneath the basin to ensure the basin draws down. Adding drain-tile would result in the basin being considered a filtration basin, receiving a 70% credit for volume reduction. The basin would still meet the volume reduction requirements with this reduced volume credit. 8) Submit specifications and sequencing for the proposed storm sewer and infiltration basin construction such that impacts to the basin bottom do not affect the infiltration capability of the soils. 9) The applicant should consider connecting the infiltration basin overflow pipe to the existing catch-basin near the entrance drive. 10) The applicant shall ensure that the inlet capacity of the slot drain system is adequate for the area draining to it. 11) It appears that an existing storm sewer pipe crossing the entrance drive is to be removed. Please call this out on the plans. Grading and Erosion Control 12) It appears that retaining walls are proposed in excess of 4-feet in height. As such, these retaining walls shall be designed and certified by an engineer licensed in the state of Minnesota. Likewise, a fence is required along the portions of the wall 4-feet in height or taller. 13) Due to the steep slopes and high potential for erosion, all disturbed areas shall be stabilized immediately after final grading. Steep slopes should be broken into shorter runs through the use of silt fence, bio-rolls, or other methods of erosion control. This is crucial in the infiltration basin area to prevent sedimentation. 14) All emergency overflows shall be adequately stabilized. 15) There is a high potential for erosion off of the northeast corner of the tennis courts. The applicant shall ensure that this area is adequately stabilized. 20 J2 Packet Page Number 216 of 260 Attachment 8 16) Silt fence, bio-rolls, etc. shall be installed at the limits of grading along the north and west sides of the site. 17) Infiltration basins shall be protected from erosion and sedimentation throughout construction. 18) Inlet protection devices shall be installed on the existing storm sewer in the entrance drive area as well as all proposed storm sewer. These inlet protection devices shall be noted on the plans. 19) Larpenteur Avenue and the entrance drive area shall be swept as needed to keep the road clear of sediment and construction debris. 20) All pedestrian facilities shall be ADA compliant. 21) A right-of-entry or agreement shall be obtained from the adjacent property to perform the grading work shown on the plans east of the tennis courts. A copy of this document shall be submitted to the City prior to the issuance of grading permits. 22) It appears that a significant amount of cover (7-feet) is proposed to be removed over the existing water service. The applicant shall submit plans and specifications to Saint Paul Regional Water Services (SPRWS) for review. The applicant shall meet all requirements of SPRWS prior to the issuance of a grading permit. A copy of their approval shall be submitted to the City of Maplewood. Other 23) All civil plans shall be signed and dated by an engineer currently licensed in the state of Minnesota. 24) The developer shall submit a copy of the MPCA’s construction stormwater permit (SWPPP) to the city before the city will issue a grading permit for this project. 25) The Owner shall satisfy all requirements of all permitting and reviewing agencies including, but not limited to, the MPCA, SPRWS, and RWMWD. 26) The Owner shall sign a maintenance agreement, prepared by the City, for all stormwater treatment devices (sumps, basins, infiltration basins, etc.). 21 J2 Packet Page Number 217 of 260 Attachment 9 Infiltration Basin Planting Review Project: Hill Murray School Tennis Court Construction Date of Plans: July 10, 2013 Date of Review: August 6, 2013 Location: 2625 Larpenteur Avenue Reviewer: Ginny Gaynor, Natural Resources Coordinator (651) 249-2416, virginia.gaynor@ci.maplewood.mn.us The proposal calls for seeding the infiltration with Seed Mix B. Due to the volume and rate of water entering the basin, seeding is not appropriate. The seed would be washed away and will not establish. Rather than seeding, the basin should be planted with trees, shrubs, and/or perennials. Please submit a landscape plan for the basin that shows the planting design and includes species, quantities, and container size. City staff is happy to answer any questions you have on planting design. If planting costs are an issue, you may want to consider having students plant the basins. Our staff has done numerous plantings with students and can share ideas on that with you as well. 22 J2 Packet Page Number 218 of 260 Attachment 10 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 20, 2013 5. PUBLIC HEARING b. 7:00 p.m. or later: Conditional Use Permit Revision for the New Tennis Courts at Hill Murray High School, 2625 Larpenteur Avenue. i. Senior Planner, Tom Ekstrand gave the report and answered questions of the commission. ii. Maplewood Civil Engineer, Jon Jarosch, answered questions of the commission. iii. Director of Facilities and Enrollment, Hill Murray School, Bill Schafhauser and architect Larry Wacker addressed and answered questions of the commission. Acting Chairperson Arbuckle opened the public hearing Nobody came forward to address the commission for the public hearing. Acting Chairperson Arbuckle closed the public hearing. Commissioner Trippler moved to approve the resolution in the staff report. This resolution approves revisions for the conditional use permit for Hill Murray School and tennis facilities at 2625 Larpenteur Avenue East. The city bases this approval on the findings required by ordinance. Approval is based on the findings required by the code and subject to the following conditions (deletions are crossed out and additions are underlined): 1. All construction shall follow the plans date-stamped July 29, 2013 as noted below: a. For the athletic fields, follow the plans date-stamped March 6, 1998. b. For the school and parking lot addition, follow the plans date-stamped May 19, 1989. c. For the chapel addition, follow the plans date-stamped October 1, 2001. d. For the field house, follow the plans dated June 28, 2006. These plans shall meet all the conditions and changes required by the city engineering department. The interim director of community development may approve minor changes. 2. The proposed construction for the tennis court complex field house addition must be substantially started within one year of council approval or the permit revision shall end. The council may extend this deadline for one year. 3. The city council shall review this permit annually to monitor the traffic and the parking situations related to the use of the athletic fields. J2 Packet Page Number 219 of 260 Attachment 10 4. Any new lights shall be installed to meet the city code. This requires that they be screened or aimed so they do not cause any light-glare problems on streets or residential properties. 5. Post and maintain signs on the edge of the wetland-protection buffer prohibiting any building, mowing, cutting, filling or dumping within the buffer. Wetland buffer signs in the mowed area shall be placed at the edge of the lawn. 6. That portion of the proposed waling/running path that is within 50 feet of the wetland shall be built with a pervious material. 7. Ensure that all bleachers and dugouts are at least 30 feet from the Sterling Street and Larpenteur Avenue right-of-ways. 8. The city may require the applicant to plant 30 native species of trees for screening between the playing fields and the homes on Knoll Circle, as may be determined at a future hearing on the conditional use permit. 9. The school shall prepare for city approval a turf management plan for the athletic fields. This plan shall include the mowing, watering and fertilizing practices that the school will follow in the care of their athletic fields and grounds. The school shall prepare and follow the plan so the practices will minimize the impact of the storm water runoff on the nearby wetlands. 10. Submit a grading and drainage plan for watershed district approval to provide sedimentation control at the storm water discharge point before it dumps into the south wetland area. Seconded by Commissioner Ige. Ayes – All The motion passed. J2 Packet Page Number 220 of 260 Attachment 11 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 27, 2013 6. DESIGN REVIEW b. Approval of Design Review for Tennis Court Addition, Hill Murray School, 2625 Larpenteur Avenue i. Planner, Mike Martin gave the report and answered questions of the board. ii. Larry Wacker, with Sanders Wacker Bergly, representing Hill Murray addressed and answered questions of the board and gave a brief presentation. Boardmember Shankar moved to approve the project plans date-stamped July 29, 2013, (site plan, landscape plan, grading and drainage plans and elevations) for the tennis court complex addition at Hill Murray School at 2625 Larpenteur Avenue. The city bases this approval on the findings required by the code. The developer or contractor shall do the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include: grading, utility, drainage, erosion control, tree and sidewalk plans. The plans shall meet all the conditions and changes noted in Jon Jarosch’s memo dated August 1, 2013, and in Ginny Gaynor’s memo dated August 6, 2013. b. Provide the city with a letter of credit or cash escrow for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. Complete the following before occupying the addition: a. Replace property irons that are removed because of this construction. b. Restore and sod damaged turf areas. c. Complete all landscaping for the addition. d. Install and maintain all required trees and landscaping (including the plantings around the pond) and an in-ground sprinkler system for all landscaped areas (code requirement). 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. J2 Packet Page Number 221 of 260 Attachment 11 b. The above-required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter or within six weeks of occupancy if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Boardmember Lamers. Ayes – All The motion passed. J2 Packet Page Number 222 of 260 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, Hill-Murray School requested that the city revise their existing conditional use permit for a school and athletic facilities. WHEREAS, this permit applies to the property at 2625 Larpenteur Avenue East. The legal description is: Part of the S ½ of the SE ¼ of S 13, T 29N, R22W, Ramsey County, MN (PIN 13-29-22-43- 0002) WHEREAS, the history of this conditional use permit revision is as follows: 1. On August 20, 2013 the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council _________ the conditional use permit. 2. On September 9, 2013, the city council discussed the proposed conditional use permit revision. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit revision, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. Attachment 12 J2 Packet Page Number 223 of 260 9. The use would cause no more than minimal adverse environmental effects. Approval is based on the findings required by the code and subject to the following conditions (deletions are crossed out and additions are underlined): 1. All construction shall follow the plans date-stamped July 29, 2013 as noted below: a. For the athletic fields, follow the plans date-stamped March 6, 1998. b. For the school and parking lot addition, follow the plans date-stamped May 19, 1999. e. For the chapel addition, follow the plans date-stamped October 1, 2001. f. For the field house, follow the plans dated June 28, 2006. These plans shall meet all the conditions and changes required by the city engineering department. The interim director of community development may approve minor changes. 2. The proposed construction for the tennis court complex field house addition must be substantially started within one year of council approval or the permit revision shall end. The council may extend this deadline for one year. 3. The city council shall review this permit annually to monitor the traffic and parking situations related to the use of the athletic fields. 4. Any new lights shall be installed to meet the city code. This requires that they be screened or aimed so they do not cause any light-glare problems on streets or residential properties. 5. Post and maintain signs on the edge of the wetland-protection buffer prohibiting any building, mowing, cutting, filling or dumping within the buffer. Wetland buffer signs in the mowed area shall be placed at the edge of the lawn. 6. That portion of the proposed walking/running path that is within 50 feet of the wetland shall be built with a pervious material. 7. Ensure that all bleachers and dugouts are at least 30 feet from the Sterling Street and Larpenteur Avenue right-of-ways. 8. The city may require the applicant to plant 30 native species of trees for screening between the playing fields and the homes on Knoll Circle, as may be determined at a future hearing on the conditional use permit. 9. The school shall prepare for city approval a turf management plan for the athletic fields. This plan shall include the mowing, watering and fertilizing practices that the school will follow in the care of their athletic fields and grounds. The school shall prepare and follow the plan so the practices will minimize the impact of the storm water run off on the nearby wetlands. Attachment 12 J2 Packet Page Number 224 of 260 10. Submit a grading and drainage plan for watershed district approval to provide sedimentation control at the storm water discharge point before it dumps into the south wetland area. The Maplewood City Council _____________ this resolution on September 9, 2013. Attachment 12 J2 Packet Page Number 225 of 260 MEMORANDUM TO: Charles Ahl, City Manager FROM: Michael Martin, AICP, Planner Melinda Coleman, Assistant City Manager SUBJECT: Approval of Design Review and a Parking Waiver for a Research Building, 3M Company, McKnight Road and Conway Avenue A. Community Design Review Board Report B. Approval of Design Review C. Approval of Parking Waiver DATE: September 3, 2013 Introduction 3M Company is requesting approval of a parking waiver and site and architectural plans for a proposed lab and office building to be located on the northeast corner of McKnight Road and Conway Avenue. The building would be five stories and have 400,000 square feet of lab and office space. Background April 29, 2013, the city council approved a resolution approving the findings of fact, conclusions and record of decision for the 3M Company Research and Development Building Environmental Assessments Worksheet. June 28, 2013, city staff approved a minor lot division which divides the site for the proposed research building from the rest of the 3M campus. This approval also creates a separate legal parcel for the proposed city fire station to the north. July 22, 2013, the city council approved a tax increment financing plan for the building of the new lab and office building. Discussion Site Plan The parking lot will be constructed at least 60 feet from the McKnight Road and Conway Avenue right-of-ways (15 feet is required by code). The parking spaces will be designed to face northwest/southeast, which will help to reduce headlight glare onto the residential properties across McKnight Road. At its closest point, the building will be more than 400 feet from the nearest residential home on the west side of McKnight Road. J3 Packet Page Number 226 of 260 Architectural Design The proposed building would be a five-story, 400,000 square foot structure. Access to the site will be from Conway Avenue, 5th Street and R Avenue. A loading dock will be incorporated on the east side of the building. The main entrance to the building will be on the second floor. The building is shaped in two wings, with the north wing taking advantage of its proximity to 3M Lake and the east wing tying the building to the rest of the 3M campus. The proposed building would be designed to reflect the high-tech work that is to be done within the building. The glass curtain wall will have an alternating pattern of vision, spandrel and tinted panes. The end of each wing will take on the color of brick to match most of the surrounding 3M buildings. Parking Waiver City code would require 2,000 parking spaces for this site – one space per 200 square feet of building space. The applicant is proposing to install 580 spaces and is asking for a waiver of the remaining, required 1,420 parking spaces. The employee parking spaces would be 9 feet by 18 feet in size and drive aisles would be 24 feet wide as stipulated by code. The city’s parking code is set up for a standalone office building. The proposed building will be built within a large corporate campus, which the city’s parking code does not account for. 3M has indicated most of the employees working within the building will be relocated from other areas of the Maplewood campus meaning there should not be a huge increase in parking demand. 3M does not have a history of parking shortages so staff is comfortable with the parking waiver that is being requested. Trash Storage Trash storage would be inside the building. If trash would be stored outdoors, the applicant would need to provide an architecturally-compatible enclosure to store trash containers. Site Lighting The proposed light intensity plan does not exceed .4 footcandles at property lines. Landscaping The landscaping is extensive and attractive around the building and within the parking lot and would complement the rest of the 3M campus. A row of trees and bushes along McKnight Road are in the right-of way and will remain, which helps provide screening to the homes across the street. Shoreland and Wetland Districts The entire site is located within the Shoreland Overlay District of 3M Lake. 3M Lake is a Class I water. The City’s Shoreland Ordinance allows for a maximum of 50 percent impervious surface coverage for a lot located within this District, and up to 70 percent impervious surface coverage with bonuses. Earlier this summer, the city approved a lot division to create a separate legal parcel for this building. Using this new parcel, the site will be below the 50 percent impervious threshold. If this 50 percent is exceed , the city engineer shall determine whether bonuses are allowed based on the installation and maintenance of manmade facilities for reducing J3 Packet Page Number 227 of 260 stormwater flow or the treatment of runoff for non-point-source water pollutants. 3M Lake is classified as a Manage B wetland in the city’s wetland ordinance. The wetland ordinance requires a 75-foot buffer from a Manage B wetland. A site is exempt from this requirement if it is separated from the wetland by an existing road. The 3M site is separated from the wetland by one of 3M’s private roads, R Avenue. No grading is proposed on the north side of R Avenue, adjacent the wetland. Tree Preservation The applicant’s tree survey dated February 25, 2013, shows several hundred significant trees located on the site. The applicant’s tree survey dated August 26, 2013, shows 203 significant trees (1,586 caliper inches) located on the site. There are two specimen trees located on the northwest corner of the property on top of a hill (two 30-inch diameter oak trees). The applicant’s planting schedule dated April 1, 2013, gives the size and species of replacement trees, and the overall quantity of shade, ornamental, and evergreen trees, but it does not specify how many of each tree species. In order to determine if the site meets the tree replacement requirements, the city will need the number of each tree species being replaced on the site. Roof-Equipment Screening Any roof-top mechanical equipment must be screened if it is visible to neighboring residents west of McKnight Road. Signs There is a comprehensive sign plan for the 3M campus. No signs were submitted as part of the approval process. If the applicant proposes any signs in the future they will need to submit for review at a later time. Department Comments Engineering Comments Refer to the attached Engineering Plan Review by Michael Thompson, public works director/city engineer, dated August 13, 2013. Environmental Comments Refer to the attached environmental review by Shann Finwall, environmental planner, dated August 28, 2013. Building Official’s Comments Dave Fisher, Maplewood’s Building Official, gave the following comments: The 3M Research Building is required to meet the State building code. The Design Professionals are required to be licensed with the State of Minnesota. J3 Packet Page Number 228 of 260 Police Comments Lieutenant Richard Doblar reviewed this proposal and had the following comments: Construction site thefts and burglaries are a large business affecting many large construction projects throughout the Twin Cities metro area. The contractor/developer should be encouraged to plan and provide for site security during the construction process. On-site security, alarm systems, and any other appropriate security measures, would be highly encouraged to deter and report theft and suspicious activity incidents in a timely manner. Fire Marshal Butch Gervais, assistant fire chief/fire marshal, reviewed the proposal and requires the following be provided: The applicant is required to follow all state and local fire codes Budget Impact None Committee Action Community Design Review Board On August 27, 2013 the community design review board recommended approval of the design plans for the new research building at 3M, but added a condition requiring the applicant submit glass color and a revised parking site plan for staff approval. Recommendation A. Approve the plans date-stamped August 12, 2013, for the proposed 3M Company Research Building. Approval is based on the findings for approval required by ordinance and subject to the developer doing the following: 1. Repeat this review in two years if the applicant has not obtained a building permit by that time. After two years this review must be repeated. 2. Comply with the requirements in the Engineering Plan Review by Michael Thompson, the Environmental Plan Review by Shann Finwall and those of the Assistant Fire Chief, Building Official and Lieutenant Doblar. 3. Submit a revised landscape plan for staff approval for additional landscaping along Conway Avenue and McKnight Road. 4. Before obtaining a building permit, the applicant shall provide an irrevocable letter of credit in the amount of 150 percent of the cost of completing landscaping and other site improvements. This irrevocable letter of credit shall include the following provisions: J3 Packet Page Number 229 of 260 • The letter of credit must clearly indicate that it is an irrevocable letter of credit in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of the developer’s agreement. • The letter of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. • The letter of credit shall be for a one-year duration and must have a condition indicating automatic renewal, with notification to the city a minimum of 60 days prior to its expiration. 5. All landscaped areas shall have a lawn-irrigation system installed, except for those areas proposed to be left natural. The applicant must, however, make sure to use hoses and sprinklers until turf, plant and tree growth is established. 6. If outdoor trash storage is used in the future, the applicant shall provide a screening enclosure that is compatible in design with the building. 7. Any proposed signs shall comply with the comprehensive sign plan and shall be submitted for approval by the community design review board. 8. The applicant must submit a summary of how the site is meeting the city’s volume reduction requirements in order to qualify for the 11 percent impervious surface area bonus. The bonus shall be approved by the city engineer based on the installation and maintenance of manmade facilities for reducing stormwater flow or the treatment of runoff for non-point-source water pollutants. 9. The applicant must submit the following information in order to determine if the site meets the city’s tree preservation ordinance: a. Tree inventory which includes all significant trees located on the site (not just the developed area) and the size and number of significant trees removed with the development. b. Planting schedule which shows the tree species, tree size, and number of each species being replaced on the site. 10. All work shall follow the approved plans. Staff may approve minor changes. 11. Submit for staff approval, the color chosen for glass wall and a site plan indicating any visitor parking, if provided. B. Approve a parking waiver to allow for 580 surface parking spaces. The parking spaces shall be at least 9.5 feet in width. This is a parking reduction of 1,420 parking spaces (2,000 parking spaces are required per city code). J3 Packet Page Number 230 of 260 REFERENCE INFORMATION SITE DESCRIPTION Site size: 17.5 acres Existing Use: Vacant property SURROUNDING LAND USES North: Vacant property and 3M Lake South: 3M Campus East: 3M Campus West: McKnight Road and single-family homes in Saint Paul PLANNING Land Use Plan: I (Industrial) Zoning: M1 (Light Manufacturing) CRITERIA FOR APPROVAL Design Review Section 2-290 of the city code requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments, and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. APPLICATION DATE The city received the applicant’s complete application on August 12, 2013. State statute requires that the city act on such applications within 60 days of the city receiving a complete application. The deadline for review is October 11, 2013. J3 Packet Page Number 231 of 260 Attachments 1. Location Map 2. Site Map 3. Future Land Use Map 4. Zoning Map 5. Site Plan 6. Landscape Plan 7. Building Elevations 8. Applicant’s Narrative 9. Applicant’s Parking Waiver Request 10. Engineering Plan Review dated August 13 2013 11. Environmental Plan Review, dated August 28, 2013 12. Draft Community Design Review Board Minutes, dated August 27, 2013 13. Plans date-stamped August 12, 2013 (separate attachment) P:\SEC36\3M\3M Research Center - NE Conway McKnight_2013\CDRB Review_Parking Waiver_2013 J3 Packet Page Number 232 of 260 3M Company Location Map Attachment 1 3M Campus New Laband OfficeBuilding J3 Packet Page Number 233 of 260 3M Company Site Map Attachment 2 New Laband OfficeBuilding J3 Packet Page Number 234 of 260 3M Company Future Land Use Map - Industrial (I) Attachment 3 New Laband OfficeBuilding J3 Packet Page Number 235 of 260 3M Company Zoning Map - Light Manufacturing (m1) Attachment 4 New Laband OfficeBuilding J3 Packet Page Number 236 of 260 Attachment 5J3Packet Page Number 237 of 260 Attachment 6J3Packet Page Number 238 of 260 Attachment 6J3Packet Page Number 239 of 260 Attachment 7J3Packet Page Number 240 of 260 ACCESSCODESDESIGN REFERENCENEXT ASSEMBLYDRWN CHKDDATEDATEMFGAPPVDDATEDATEDRWNCHKDDESCRIPTIONDATEPROJECT IDREV3M COPYRIGHTThis document is the property of 3M Company.All rights reserved3M CENTERST PAULMN, 551444EEXTERIOR 3D VIEW - AERIAL ISOMETIC VIEW FROMSOUTH WEST8EEXTERIOR 3D VIEW - AERIAL ISOMETIC VIEW FROMNORTH EASTPERSPECTIVE VIEW - SKYWAY CONNECTION AND LOBBY BALCONYPERSPECTIVE VIEW - CANOPY AND VESTIBULEPERSPECTIVE VIEW - END AND LAKESIDE FACADEPERSPECTIVE VIEW - FROM PARKING TO ENTRY3D VIEW KEYABCDABCD4E-5498E-549Attachment 7J3Packet Page Number 241 of 260 G:\1100100\Data\Community Design Review Board\BWBR\6 - Written Narritive of Proposal.docx Project Narrative The project consists of a 5 story building at the northeast corner of Conway and McKnight on the 3M Campus in Maplewood, Minnesota. The site currently consists of undeveloped land and a surface parking lot. The site is bordered on the north side by 3M Lake. Parking for 525 vehicles is shown with proof of parking for additional vehicles. Landscaped medians will divide the rows of parking. A series of buried detention tanks will retain storm water until they are discharged. Access to the site will be from 5th Street, R Avenue to the north and from a newly created access on Conway just to the west of the Data Center. A loading dock will be incorporated on the east side of this building to bring supplies to the building. The main building entrance will be on the second floor. The primary functions of the building are research labs and offices. 3M employees currently working in other 3M buildings will relocate to this building when complete. Labs and offices are located on floors 1 thru 4. The fifth floor houses mechanical/electrical/elevator spaces. Architectural Narrative The building is shaped in two wings with the north wing taking advantage of 3M lake and the east wing tying the building to the geometric layout of the other buildings on the 3M campus. The two wings meet at a node which will be the main entrance to the building. The labs and offices are planned on the four floors in the same manner on both wings. The high intensity labs are located on one side with the low/medium intensity labs occupying the middle of each wing. A service corridor in between will serve all these labs. The offices are located on the other side of the wing from the high intensity labs. The majority of the offices will be open with no solid walls. Collaboration between researchers is a key element in the planning of spaces. Various breakout and teaming spaces will bring the teams together. Specialized Clean rooms, Constant Temperature and Humidity rooms will be located at strategic locations. An Application lab, loading dock, mechanical and electrical rooms are located in the east wing on the first floor. The fifth floor will entirely be devoted to mechanical, electrical, and elevator support spaces that will serve the building. The exterior materials chosen reflect the high tech work that will be performed in this building. A glass curtain wall with a pattern that will alternate vision, spandrel, and tinted panes will help to portray this building as one looking to the future. This will be supplemented with opaque walls at the end of the wings that take on the color of the brick of most of the 3M buildings. Prefinished metal eyebrows will help to accentuate the horizontality of the building. Retaining walls on the south side of the building will terrace up to the entrance on the second floor. The interior of the building will be highlighted in the 8,000 sf main lobby. This will be the space where the workings of 3M will be showcased. This two story space will have a bridge running through it that connects the north wing and the east wing. A large expanse of glass will look out onto 3M lake to the north. Stone wall panels, 3M graphics, and upgraded ceiling and floor materials will be used here. A small area of the lobby will have vegetation which will tie the Landscaping of the plaza outside to the interior. The majority of the lab spaces will have concrete floors with exposed structure. Walls will be painted. Attachment 8 J3 Packet Page Number 242 of 260 3M LAB BU!LDING 280 PARKING VAR:ANCE JUSTIFICAT10N July 31′2013 Building 280 occupants will be mainly staff who will be displaced from other buildings on the campus. We anticipate 530- 630 occupants in the building. Building occupants will also have access to adjacent existing parking lots and a ramp. Hence we feel that the 580 parking stalls shown is adequate to meet the needs of this building. Site Plan also shows proof of parking for 145 additional stalls for future if the situation warrants. Attachment 9 J3 Packet Page Number 243 of 260 Attachment 10 3M Revised Submittal August 12, 2013 City Eng. Comments on August 13, 2013 Page 1 of 3 ENGINEERING PLAN REVIEW Developer Project Name: 3M Center (NE Corner of Conway Ave & McKnight Rd) City Project No.: 12-15 Reviewed by: Michael Thompson, City Engineer Date of Submittal: August 12, 2013 Applicant Submittal No.: 2 3M Company proposes a 5 story building on a currently undeveloped lot. The building is to serve research labs and offices with access to the site proposed from 5th Street, internal driveway, and a proposed new ¾ access on Conway Avenue. Drainage and Storm Sewer 1. Applicant shall provide stormwater narrative of the entire site for pre and post conditions, shoreland requirements, and permanent best management practices to meet rate and volume and pollutant removals requirements. 2. Per the Engineering Standards the following is required for Storm Water Plan Submittals: a) The 10-year and 100-year high water elevations on-site. b) Construction plans and specifications of all proposed stormwater management facilities. c) Stormwater runoff volume and rate analyses for existing and proposed conditions. d) 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. e) All pollutant removal computations for practices not meeting the volume control/infiltration requirement. f) Provision of easements for maintenance access to detention basins, retention basins, underground detention/filtration system, constructed wetlands, and/or other stormwater management facilities. g) Maintenance agreement between developer and City which addresses sweeping, pond inspection, sediment removal and disposal, underground detention and filtration system, etc. h) Provide narrative describing the required maintenance activities for the underground detention/filtration system and verify that adequate access is provided to allow these maintenance activities to occur. i) Inlets to detention basins, wetlands, etc., shown at or below the outlet elevation. 3. Emergency overflow arrows shall be provided on the grading and drainage plan assuming all pipes are plugged. Where will the water flow? J3 Packet Page Number 244 of 260 Attachment 10 3M Revised Submittal August 12, 2013 City Eng. Comments on August 13, 2013 Page 2 of 3 4. It is difficult to follow the storm sewer pipe information on the grading and drainage plan because of all of the bold line types. Please adjust plans to make more readable and place flow direction arrows on storm sewer pipes. 5. The lowest floor building elevation shall be above the 100-year high water elevation and at least one foot above a designated emergency overflow. With the parking lot higher than the building it is important to show how overflow water will drain around the building and that one foot of separation is met between the building elevation and overflow. Provide more detail. 6. Sumps or similar pre-treatment must be provided upstream of permanent infiltration volume control BMP’s…such as 3-foot sumps at all drainage structure just upstream of BMP. 7. A maintenance agreement will be required and stipulated in the Developer Agreement. Grading 1. Site grading should normally not have grading steeper than 3:1. If slopes do not meet this then they must have an erosion stabilization blanket placed immediately after disturbance. 2. Retaining walls on plans must shown top and bottom elevations and retaining walls over 4-feet require submittal to the City of Maplewood building department to secure the required building permit. Show a typical detail of the retaining wall on the plans. Erosion & Sediment Control Plan 1. Include a maintenance schedule of all erosion and sediment control devices used throughout the phases of construction (including building construction). 2. Identify locations for equipment/material storage, debris stockpiles, vehicle/equipment maintenance, fueling, and washing areas. Address measure to contain area and specify that all materials stored on site shall have proper enclosures and/or coverings. 3. Identify locations and provide details for concrete washouts. Sanitary Sewer 1. More clearly identify sanitary sewer service connection location serving the new building. Identify pipe size, location, and slope. Agency Submittals 1. Ramsey-Washington Metro Watershed District. J3 Packet Page Number 245 of 260 Attachment 10 3M Revised Submittal August 12, 2013 City Eng. Comments on August 13, 2013 Page 3 of 3 2. Saint Paul Regional Water Services 3. Ramsey County 3. Minnesota Department of Health Services (Water Extension) 4. MPCA (Sewer Permit & Stormwater Permit) 5. Minnesota Department of Labor and Industry 6. Met Council (SAC Determination) 7. Other as required. Traffic 1. Submit the full traffic impact study and assumptions assuming the proposed ¾ Conway Avenue access. 2. The proposed ¾ driveway access on Conway Avenue creates some problems with the existing right-in/right-out driveway access on the south side of Conway Avenue from the proposed new access. Westbound vehicles on Conway will easily be able to make a left turn into the existing driveway based on the median opening for the proposed driveway. Please provide or explore some alternatives to address this concern. Miscellaneous 1. The owner and project engineer shall satisfy the requirements of all permitting agencies. 2. The owner shall sign a maintenance agreement, prepared by the city, for all stormwater treatment devices (list devices i.e.…sumps, underground chambers, basins, ponds, etc…). The city shall prepare this agreement. 3. The developer shall enter into a development agreement with the city. The city will prepare this agreement. J3 Packet Page Number 246 of 260 Environmental Review Project: 3M – Research and Development Date of Plans: February 25, April 1, August 9, August 26, 2013 Date of Review: August 28, 2013 Location: Northeast Corner of Conway Avenue and McKnight Road Reviewers: Shann Finwall, Environmental Planner (651) 249-2304; shann.finwall@ci.maplewood.mn.us Background: 3M is proposing to develop a five-story Research and Development facility on the northeast corner of Conway Avenue and McKnight Road, within the 3M campus. The site is bordered on the north by R Avenue and 3M Lake across the street which is classified as a Class I Water in the City’s shoreland ordinance and a Manage A wetland in the City’s wetland ordinance. 1. Tree Preservation Ordinance: Maplewood’s tree preservation ordinance describes a significant tree as a hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. Specimen trees are healthy trees of any species which are 28 inches in diameter or greater. The ordinance requires any significant tree removed be replaced based on a tree mitigation calculation. Tree Survey: The applicant’s tree survey dated August 26, 2013, shows 203 significant trees (1,586 caliper inches) located on the site. There are two specimen trees located on the northwest corner of the property on top of a hill (two 30-inch diameter oak trees). Tree Replacement: The City’s tree replacement formula is based on a calculation of significant trees located on the site and the number of significant trees removed. The applicant proposes to remove 151 significant trees with the development and will therefore be required to replace 909 caliper inches (approximately 363 – 2.5 caliper inch trees). Planting Schedule: The applicant’s planting schedule dated April 1, 2013, gives the size and species of replacement trees, and the overall quantity of shade, ornamental, and evergreen trees, but it does not specify how many of each tree species. In order to determine if the site meets the tree replacement requirements, the City will need the number of each tree species being replaced on the site. Tree Preservation Recommendations: The applicant must submit the following information in order to determine if the site meets the City’s tree 1 Attachment 11 J3 Packet Page Number 247 of 260 preservation ordinance: Revised planting schedule which shows the tree species, tree size, and number of each species being replaced on the site. 2. Shoreland Ordinance: The entire site is located within the Shoreland Overlay District of 3M Lake. 3M Lake is a Class I water. The City’s Shoreland Ordinance allows for a maximum of 50 percent impervious surface coverage for a lot located within this District, and up to 70 percent impervious surface coverage with bonuses. The city engineer shall determine whether bonuses are allowed based on the installation and maintenance of manmade facilities for reducing stormwater flow or the treatment of runoff for non-point-source water pollutants. Impervious Surface Area: The site is 17.5 acres in size. The development will include 10.5 acres of impervious surface coverage (61 percent) including the building, parking lot, and sidewalks. The development requires an 11 percent impervious surface bonus. Michael Thompson, city engineer, states in his review of the development that the applicant must submit a summary of how they are meeting the City’s volume reduction requirements in order to determine if the bonus will be allowed. Shoreland Recommendation: The applicant must submit a summary of how they are meeting the City’s volume reduction requirements in order to qualify for the 11 percent impervious surface area bonus. The bonus shall be approved by the city engineer based on the installation and maintenance of manmade facilities for reducing stormwater flow or the treatment of runoff for non-point- source water pollutants. 3. Wetland Ordinance: 3M Lake is classified as a Manage B wetland in the City’s wetland ordinance. The wetland ordinance requires a 75-foot buffer from a Manage B wetland. A site is exempt from this requirement if it is separated from the wetland by an existing road. The 3M site is separated from the wetland by one of 3M’s private roads, R Avenue. No grading is proposed on the north side of R Avenue, adjacent the wetland. Wetland Recommendation: The site is exempt from the City’s wetland ordinance requirements as it is separated from the Manage B wetland by an existing road and no grading is being proposed on the north side of the road, adjacent the wetland. 2 Attachment 11 J3 Packet Page Number 248 of 260 Attachment 12 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 27, 2013 6. DESIGN REVIEW c. Approval of Design Review and Parking Waiver for Lab and Office Building, 3M Company, McKnight Road and Conway Avenue i. Planner, Mike Martin gave the report and answered questions of the board. ii. Roger Spinner, 3M addressed the board. iii. Jim Davy BWBR Architect, Chuck Evens, Landscaping Design with Damon Farber Associates, Darren Schwankel, Civil Engineer, TKDA addressed and answered questions of the board regarding the 3M project. Boardmember Lamers moved to approve the plans date-stamped August 12, 2013, for the proposed 3M Company Research Building. Approval is based on the findings for approval required by ordinance and subject to the developer doing the following: 1. Repeat this review in two years if the applicant has not obtained a building permit by that time. After two years this review must be repeated. 2. Comply with the requirements in the Engineering Plan Review by Michael Thompson, the Environmental Plan Review by Shann Finwall and those of the Assistant Fire Chief, Building Official and Lieutenant Doblar. 3. Submit a revised landscape plan for staff approval for additional landscaping along Conway Avenue and McKnight Road. 4. Before obtaining a building permit, the applicant shall provide an irrevocable letter of credit in the amount of 150 percent of the cost of completing landscaping and other site improvements. This irrevocable letter of credit shall include the following provisions: ● The letter of credit must clearly indicate that it is an irrevocable letter of credit in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of the developer’s agreement. ● The letter of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. ● The letter of credit shall be for a one-year duration and must have a condition indicating automatic renewal, with notification to the city a minimum of 60 days prior to its expiration. 5. All landscaped areas shall have a lawn-irrigation system installed, except for those areas proposed to be left natural. The applicant must, however, make sure to use hoses and sprinklers until turf, plant and tree growth is established. J3 Packet Page Number 249 of 260 Attachment 12 6. If outdoor trash storage is used in the future, the applicant shall provide a screening enclosure that is compatible in design with the building. 7. Any proposed signs shall comply with the comprehensive sign plan and shall be submitted for approval by the community design review board. 8. The applicant must submit a summary of how the site is meeting the city’s volume reduction requirements in order to qualify for the 11 percent impervious surface area bonus. The bonus shall be approved by the city engineer based on the installation and maintenance of manmade facilities for reducing stormwater flow or the treatment or runoff for non-point-source water pollutants. 9. The applicant must submit the following information in order to determine if the site meets the city’s tree preservation ordinance: a. Tree inventory which includes all significant trees located on the site (not just the developed area) and the size and number of significant trees removed with the development. b. Planting schedule which shows the tree species, tree size, and number of each species being replaced on the site. 10. All work shall follow the approved plans. Staff may approve minor changes. 11. Submit for staff approval, the color chosen for glass wall and a site plan indicating any visitor parking, if provided. B. Approve a parking waiver to allow for 580 surface parking spaces. The parking spaces shall be at least 9.5 feet in width. This is a parking reduction of 1,420 parking spaces (2,000 parking spaces are required per city code). Seconded by Boardmember Kempe. Ayes – Chairperson Ledvina, Boardmember’s Burger, Kempe & Lamers Abstention – Boardmember Shankar The motion passed. Boardmember Shankar abstained from the vote because he is on the design team for 3M. J3 Packet Page Number 250 of 260 MEMORANDUM TO: Charles Ahl, City Manager FROM: Gayle Bauman, Finance Director DATE: August 29, 2013 SUBJECT: Preliminary Approval of Proposed Tax Levy Payable in 2014 and Setting Budget Public Hearing Date Introduction State law requires that cities certify their proposed property tax levies to the county auditor by September 15th. The proposed tax levy that is given preliminary approval cannot be increased. Therefore, it is important that the proposed tax levy provides adequate revenues to finance the 2014 Budget. The Proposed 2014 Budget requires a City tax levy of $18,439,130. This levy combined with the proposed tax levy for the EDA of $89,270 brings us to a total tax levy of $18,528,400 which is no increase over 2013 (see breakdown attached). The City Council needs to decide the maximum levy that it is willing to approve and then adopt the attached resolution. Background The 2014 Proposed Operating Budget reflects the information provided to Council at the August budget workshops. Based on information received from the MN Department of Revenue on August 26, 2013, the City is able to increase its levy over the 2013 amount. A discussion on the levy took place at the Workshop earlier this evening. The total maximum levy needs to be approved tonight but how the levy is allocated between funds can be adjusted up until the final levy is adopted in December. A draft copy of the 2014 Operating Budget can be found online under the Finance Department City Budget page. Sales Tax Exemption The 2013 Minnesota Legislature enacted a new sales tax exemption for local governments including cities, towns and counties under MN Statutes, section 297A.70, subdivision 2. This exemption allows cities and counties to purchase taxable tangible personal property and services without paying the state 6.875% sales tax, with certain exceptions. Our initial savings estimate of $250,000 - $300,000 was based on total City purchases. We continue to be updated with information from the MN Department of Revenue on what qualifies for the exemption and what does not and have had to reduce our initial estimate. Examples of items that will not be eligible for the exemption include: • Inputs used to provide goods or services through the Community Center Operations Fund, the Trash/Recycling Fund and the Street Light Utility Fund; • Purchases made by contractors and subcontractors on behalf of the city for construction projects; • Motor vehicles. J4 Packet Page Number 251 of 260 Our revised estimate for savings to our General Fund is $75,000 - $90,000, which is reflected in our reduced tax levy for the General Fund for 2014 ($170,070). Our estimate for city-wide savings is $155,000. The savings related to Special Revenue and Capital Projects Funds will be used to fund programs and projects within the City. The savings related to Sewer and Environmental Utility Funds will be used in the overall calculation of future user charges. Recommendation It is recommended that the City Council adopt the attached resolution setting the maximum City tax levy for payable 2014 at $18,439,130 and setting the date for the Public Hearing on the 2014 Levy and Budget for Monday, December 9, 2013 at 7:00 pm as part of the Regular City Council Meeting. This levy combined with the proposed EDA levy of $89,270 will result in a total levy of $18,528,400 which is no increase over 2013. Attachments: 1. Tax Levy for 2013-2014 2. Impact on Property Taxes of Maplewood Homes 3. Resolution J4 Packet Page Number 252 of 260 TAX LEVY FOR 2013-2014 Proposed 2013 2014 Change Levy Levy Amount Percent Operations: General Fund $12,500,600 $12,330,530 ($170,070) (1.4)% Ambulance Service Fund $450,000 $450,000 $0 0.0% Community Center Operations Fund $460,000 $525,000 $65,000 14.1% Recreation Programs Fund $175,000 $175,000 $0 0.0% Operations Total $13,585,600 $13,480,530 ($105,070) (0.8)% Capital Improvements: C.I.P. Fund $180,000 $180,000 $0 0.0% Fire Truck Replacement Fund $50,000 $50,000 $0 0.0% Park Development Fund $30,000 $30,000 $0 0.0% Public Safety Expansion Fund $260,000 $0 ($260,000) (100.0)% Redevelopment Fund $20,000 $40,000 $20,000 100.0% Capital Improvements Total $540,000 $300,000 ($240,000) (38.1)% Debt Service: Debt Service Fund $4,313,530 $4,658,600 $345,070 8.0% TOTALS-CITY $18,439,130 $18,439,130 $0 0.0% EDA Fund $89,270 $89,270 $0 0.0% TOTALS-ALL FUNDS $18,528,400 $18,528,400 $0 0.0% J4 Attachment 1 Packet Page Number 253 of 260 TAX IMPACT ON MAPLEWOOD HOMES The annual impact of different levels of the city levy increase to Maplewood homes is as follows based on information received from Ramsey County on 08/14/13. The scenarios are based on the assumption that a homes’ value is decreasing by 2.3%, which is the median amount. Set levy at $18,528,400 (a 0.0% increase over 2013): Value of Property for Pay 2013 Value of Property for Pay 2014 Taxable Market Value for Pay 2014 2013 City Tax 2014 City Tax $ Increase (Decrease) % Increase (Decrease) $100,000 $ 97,700 $ 69,300 $ 372 $ 354 ($18) (4.8%) $150,000 $146,500 $122,400 $ 648 $ 620 ($28) (4.4%) $160,700 $157,000 $133,900 $ 707 $ 677 ($30) (4.2%) $275,000 $268,700 $255,600 $1,339 $1,287 ($52) (3.9%) $350,000 $341,900 $335,400 $1,753 $1,686 ($67) (3.8%) Set levy at $18,713,680 (a 1.0% increase over 2013): Value of Property for Pay 2013 Value of Property for Pay 2014 Taxable Market Value for Pay 2014 2013 City Tax 2014 City Tax $ Increase (Decrease) % Increase (Decrease) $100,000 $ 97,700 $ 69,300 $ 372 $ 358 ($14) (3.7%) $150,000 $146,500 $122,400 $ 648 $ 627 ($21) (3.3%) $160,700 $157,000 $133,900 $ 707 $ 685 ($22) (3.1%) $275,000 $268,700 $255,600 $1,339 $1,302 ($37) (2.8%) $350,000 $341,900 $335,400 $1,753 $1,706 ($47) (2.7%) Set levy at $18,898,970 (a 2.0% increase over 2013): Value of Property for Pay 2013 Value of Property for Pay 2014 Taxable Market Value for Pay 2014 2013 City Tax 2014 City Tax $ Increase (Decrease) % Increase (Decrease) $100,000 $ 97,700 $ 69,300 $ 372 $ 362 ($10) (2.6%) $150,000 $146,500 $122,400 $ 648 $ 634 ($14) (2.2%) $160,700 $157,000 $133,900 $ 707 $ 693 ($14) (2.0%) $275,000 $268,700 $255,600 $1,339 $1,317 ($22) (1.6%) $350,000 $341,900 $335,400 $1,753 $1,725 ($28) (1.6%) J4 Attachment 2 Packet Page Number 254 of 260 RESOLUTION PROVIDING PRELIMINARY APPROVAL OF A PROPOSED TAX LEVY PAYABLE IN 2014 And SETTING BUDGET PUBLIC HEARING DATE WHEREAS, State law requires that the City Council give preliminary approval of a proposed tax levy for 2013 payable in 2014 by September 15, 2013 and WHEREAS, the City Council has reviewed preliminary information on the Proposed 2014 Budget and has determined the amount of the proposed tax levy payable in 2014 which is the maximum amount that will be levied. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA THAT: 1. The proposed tax levy for 2013 payable in 2014 in the amount of $18,439,130 is hereby given preliminary approval and shall be certified to the Ramsey County Auditor. 2. The date for consideration of the final levy and consideration of the 2014 Budget shall be set as Monday, December 9, 2013 at 7:00 pm in the Maplewood City Council Chambers. J4 Attachment 3 Packet Page Number 255 of 260 M1 MEMORANDUM TO: City Council FROM: Charles Ahl, City Manager DATE: September 3, 2013 SUBJECT: Council Calendar Update Introduction/Background This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcement of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. No action is required. Upcoming Important Dates to Remember 1. Commission, Board and Volunteer appreciation Event – September 26th Upcoming Agenda Items & Work Session Schedule 1. Report on Solar Energy Projects – September 23 2. Charitable Gambling Review of Applications – September 23 3. October 7th Work Session Cancelled 4. October Work Session Possible Items: a. Administrative Hearing Process b. Park System Plan Update c. Update on Progress toward Council Goals from March 2013 Retreat 5. November 11 Work Session and Meeting Rescheduled due to Veterans Day – Date TBD Budget Impact Recommendation No action required. Attachments None. Packet Page Number 256 of 260 MEMORANDUM TO: Chuck Ahl, City Manager FROM: Shann Finwall, AICP, Environmental Planner Chris Swanson, Environmental Technician DATE: September 3, 2013 for the September 9 City Council Meeting SUBJECT: Notification of the First Annual Fall Clean Up Campaign Introduction The City of Maplewood has hosted spring and fall clean up events for many years. Since 2010, attendance to these events has decreased by 34 percent, while disposal cost has increased by 32 percent per resident attending. Another alternative for bulky item disposal that is available to residents is through the City’s trash hauling contract with Allied Waste Services. Allied offers curbside bulky item pick up to residents for a fee ranging from $5 to $30, depending on the item. Staff is proposing a new approach to the clean up event this fall in order to inform residents of the year-round bulky item pick up service and to reduce the City’s costs for clean up events. This year the City will host its first annual Fall Clean Up Campaign that will focus on curbside bulky item pick up and education on household item reuse and recycling. Background During the Fall Clean Up Campaign residents can schedule curbside bulky item pick up with Allied for a reduced fee (50 percent off the contracted rate). All single-family residential properties and townhomes/manufactured homes with curbside trash collection are eligible for the bulky item pick up (including townhomes/manufactured homes that have not opted into the City’s trash plan). Residents with trash service through the City’s trash plan will be billed on their bi-monthly trash bill; residents that do not have trash service through the City’s trash plan must pre-pay with a credit card. The bulky item pick up will take place the second and third weeks in October (October 7-11 and October 14-18). Maplewood’s previous clean up events required that residents transport their bulky items to a central location for disposal. Residents that did not have the ability or means to transport their bulky items could not participate. With curbside pick up more residents will be able to participate and it will offer the City an opportunity to educate residents on the year round bulky item pick up service and detail options for reducing, reusing, and recycling household items. Notice of the Campaign will be included in the City’s quarterly environmental newsletter, Seasons. Included in the newsletter are articles and case studies on reducing, reusing, and recycling along with the bulky item pick up announcement. In addition to Allied’s bulky item pick up, the Seasons will spotlight other organizations that will collect items for reuse for little or no fee. M2 Packet Page Number 257 of 260 Budget Impact None Summary The Fall Clean Up Campaign will focus on reduced pricing for curbside bulky item pick up by the City’s contracted trash hauler, Allied Waste Services, during the second and third weeks in October. The Campaign will be spotlighted in the City’s quarterly newsletter, Seasons, with articles and case studies focusing on household item reuse and recycling. The 2014 Spring Clean Up is scheduled for April 26, 2014, at Aldrich Arena. Attachments Fall Clean Up Campaign Flyer 2 M2 Packet Page Number 258 of 260 Seasons 2 Maplewood Fall Clean Up Campaign - 2nd & 3rd Weeks In Oct. Bulky Item Collection 50% Off! The City of Maplewood is hosting its first annual Fall Clean Up Campaign focused on curbside bulky item pick up and household item reuse. The event will take place during the second and third weeks in Oct. (Oct. 7 - 11 and Oct. 14 - 18). The City is partnering with its contracted trash hauler, Allied Waste Services, for this event. All residents that have curbside trash collection are eligible to schedule bulky item pick up during the event (including townhomes and manufactured homes that have not opted into the City’s trash plan). The price for bulky items during the event is reduced by 50% from the City’s trash hauling contracted price. To schedule a pick up during the event, contact Allied at 651.455.8634. Residents with trash service through Allied will be billed for bulky items on their bi-monthly trash bill; others must pre-pay via credit card. Yard Waste including leaves, grass clippings, trees and other types of plant waste are banned from the trash. Allied offers curbside yard waste pick up for $79.50 a year (weekly pick up from April through November). You can also schedule one-time yard waste pick ups for $3.50 per compostable or paper bag. Contact Allied at 651.455.8634 for information. Ramsey County’s yard waste sites accept yard waste from residents at no charge (www.ramseyatoz.com or 651.633.EASY). Back Yard Composting is permitted in Maplewood.Compost bin or pile must be located in the rear or side yard, be at least 5 feet from the property line, and not pose a nuisance to the neighbors (www.ci.maplewood.mn.us/compost). Electronics and Appliances cannot be placed in the trash. Allied collects appliances and electronics curbside for a small fee (see above). Retailers in the metro area will take back appliances and electronics for free or for a small fee (www.ramseyatoz.com or 651.633.EASY). Ramsey County A to Z Guide outlines reuse, recycling, and disposal methods for items from A to Z. Bulky Items Price* Bathtub (cast iron) $12.00 Bathtub (steel or fiberglass) $10.00 Bed (headboard/floorboard) $6.00 Bed Frame $5.00 Book Case $7.00 Couch $9.00 Couch w/ hide a bed $12.00 Desk $7.00 Dining Room Table $10.00 Dresser $7.50 End Table $5.00 Grill (charcoal) $5.00 Grill (gas - no propane tanks) $7.50 Hutch $10.00 Kitchen Chair $3.75 Kitchen Table $10.00 *50% Event Price Reduction Shown Bulky Items Price* Lawnmower or snow thrower $12.00 (liquids must be drained) Love Seat $10.00 Mattress or Box Spring (king size) $12.00 (queen size) $12.00 (twin size) $7.50 Office Chair $5.00 Recliner/ EZ Chair $7.50 Roll of Carpet (cut down so $2.50 one person can handle it) Tire $10.00 Tire with rim $12.00 Toilet $7.00 Appliances $15.00 Electronics $15.00 *50% Event Price Reduction Shown Townhomes and Manufactured Homes can opt into the City’s trash plan at any time. Visit the City’s trash webpage for information: www.ci.maplewood.mn.us/trash Household Hazardous Waste products contain harmful materials and should be disposed of properly (including products used to clean or maintain your home and car or control animals and insects). Ramsey County has a year-round collection site at 5 Empire Drive, St. Paul or a seasonal site at Aldrich Arena in Maplewood every Fri. & Sat. in Oct. (www.ramseyatoz.com or 651.633.EASY). Spring Clean Up is scheduled for Saturday, April 26, 2014, at Aldrich Arena in Maplewood. M2 Attachment Packet Page Number 259 of 260 M3 MEMORANDUM TO: Charles Ahl, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: September 4, 2013 SUBJECT: City Council Meetings a. Council Manager Workshop–Cancellation of the October 7, 2013 Meeting b. City Council Meeting–Change of Meeting Date Due to Veteran’s Day Holiday Recommendation a. Currently, staff does not have any time sensitive matters that would call for the need of a Council Manager Workshop on Monday, October 7, 2013 and recommend cancellation of the regularly scheduled Workshop. b. The Council Policy and Procedure Manual for City Council and Council Meetings states the following regarding meetings that fall on a legal holiday: The City Council shall hold regular meetings on the second and fourth Mondays of each month at 7:00 p.m., provided that when the day fixed for any regular meeting falls on a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding Tuesday, not a holiday, unless authorized by the City Council. Due to November 11, 2013 being a legal holiday, staff is requesting that the meeting be rescheduled for Thursday, November 14, 2013 due to staffing conflicts on Tuesday, November 12, 2013. Packet Page Number 260 of 260