HomeMy WebLinkAbout09-23-2013 City Council Meeting Minutes1
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Monday, September 23, 2013
Council Chambers, City Hall
Meeting No. 17-13
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called
to order at 7:02 p.m. by Mayor Rossbach.
Boy Scouts from Troop 197 - Gethsemane Lutheran Church were in attendance to earn
their merit badge in communication.
B. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Boy Scouts from Troop 197
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
N1 Arkwright/Sunrise Project
N2 Recycling Carts
Councilmember Cave
E. APP ROVAL OF MINUTES
moved to approve the agenda as amended with additions to N1.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
1. Approval of September 9, 2013 City Council Workshop Minutes
Councilmember Juenemann
2. Approval of September 9, 2013 City Council Meeting Minutes
moved to approve the September 9, 2013 City Council
Workshop Minutes as submitted.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann requested “ready” be changed to “reader” in agenda item
G4.
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Councilmember Juenemann
F. APPOINTMENTS AND PRESENTATIONS
moved to approve the September 9, 2013 City Council
Meeting Minutes as amended.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
None
G. CONSENT AGENDA
Councilmember Cardinal requested agenda item G2 be highlighted. Item G2 was pulled
from the Consent agenda for further discussion.
Councilmember Juenemann
1. Approval of Claims
moved to approve agenda items G1 and G3-G6.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann moved to approve the Approval of Claims.
ACCOUNTS PAYABLE
$ 262,978.99 Checks # 90637 thru # 90690
dated 08/30/13 thru 09/15/13
$ 546,707.43 Disbursements via debits to checking account
dated 09/03/13 thru 09/06/13
$ 1,412,415.39 Checks # 90693 thru # 90724
dated 09/17/13
$ 239,139.85 Disbursements via debits to checking account
dated 09/09/13 thru 09/13/13
$ 2,461,241.66 Total Accounts Payable
PAYROLL
$ 520,145.94 Payroll Checks and Direct Deposits dated 09/13/13
$ 973.50 Payroll Deduction check # 9989540 thru # 9989542 dated 09/13/13
$ 521,119.44 Total Payroll
$ 2,982,361.10 GRAND TOTAL
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Seconded by Councilmember Koppen Ayes – All
The motion passed.
2. Approval to Solicit Quotes for a City-Wide Parks Needs Assessment Survey
Parks & Recreation Director Konewko gave the staff report and answered questions of
the council.
Councilmember Cardinal moved to approve the staff solicit quotes for a City-Wide Parks
Needs Assessment Survey and the quotes come back to the City Council for approval.
Seconded by Councilmember Cave
Councilmember Cardinal withdrew his motion.
Mayor Rossbach
3. Approval of Resolution of Support for Tubman to Allow the City of
Maplewood to Serve as Fiscal Agent for State Bonding Proposal
moved to approve the Mayor and the City Manager enter into a
contract for services for a City-Wide Parks Needs Assessment Survey and the
recommendation not-to-exceed budget of $30k for these services.
Seconded by Councilmember Juenemann Ayes – Mayor Rossbach, Council
Members Juenemann and
Koppen
Nays – Council Members Cardinal
and Cave
The motion passed.
Councilmember Juenemann moved to approve the resolution of support for Tubman in
securing state of Minnesota bonding monies for their project and further directing the
City Manager to develop documents to approve the City as fiscal agent for Tubman in
this endeavor.
RESOLUTION 13-9-973
Resolution of Support for Tubman
To Allow City as Fiscal Agent for State Bonding Proposal
WHEREAS, Tubman operates a regional Community Collaborative Service
Center, Shelter for victims of violence and exploitation, and Learning Institute at the
former St. Paul’s Monastery located at Monastery Way and Larpenteur Avenue, and
WHEREAS, Tubman is proposing nearly $6 million in necessary code,
accessibility and security improvements to the former monastery—now Harriet Tubman
Center East—to facilitate this service center, and
WHEREAS, Tubman is requesting state bonding support through legislation to
provide for up to $720,000 in financial support to complete renovations and furnish the
two remaining shelter floors in this facility, and
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WHEREAS, the Maplewood City Council has previously expressed support for
the services provided by Tubman for the citizens of our City and region, and
WHEREAS, the State of Minnesota requires that a local government agency act
as the fiscal agent for General Obligation Bond funding.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, as follows:
1. Hereby acknowledges its support for Tubman’s request for state funding for this
important project and improvement, and further supports said legislation as
introduced on behalf of Tubman in the 2014 legislative session.
2. Hereby directs the City Manager to prepare documents for Council approval such
that the City of Maplewood will act as the fiscal agent for Tubman in receiving
financial support from the State of Minnesota.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
4. Approval of Resolution Directing Modification of Existing Construction
Contract, Change Order 4 with Weber, Police Department Expansion
Project - Phase 2
Councilmember Juenemann
1. The Mayor is hereby authorized and directed to modify the existing contract by
executing said Change Order No. 4 which is a decrease of $860.00.
moved to approve the Resolution Directing Modification of
Existing Construction Contract, Change Order No. 4, for the Police Department
Expansion Project – Phase 2.
RESOLUTION 13-9-974
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
POLICE DEPARTMENT EXPANSION PROJECT - PHASE 2, CHANGE ORDER NO. 4
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. 4.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA, that:
The revised contract amount is $373,025.63.
Adopted by the Maplewood City Council on this 23rd day of September 2013.
Seconded by Councilmember Koppen Ayes – All
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The motion passed.
5. Approval of Amendment to Joint Powers Agreement for Wireless Network
and Support Services
Councilmember Juenemann
6. Approval of a Fee Waiver for a Temporary Food Sales Permit Fee for
Ramsey County Sheriff's Foundation
moved to approve the Amendment to the Joint Powers
Agreement for Wireless Network and Support Services.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann
H. PUBLIC HEARING
moved to approve to waive the $605.00 fee for the
Temporary Food Sales permit for the Ramsey County Sheriff’s Foundation’s “Fright
Farm” located at the Ramsey County Fairgrounds, 2020 White Bear Avenue.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
1. Approval of First Reading Amending the Ordinance Regulating Off-Sale
Intoxicating Liquor Licenses - Distance Requirements
Citizen Services Director/City Clerk Guilfoile gave the staff report and answered
questions of the council.
Mayor Rossbach opened the public hearing.
1. Phillip Lu, Big Discount Liquor, Maplewood
Mayor Rossbach closed the public hearing.
Councilmember Juenemann moved to approve the first reading amending the Ordinance
Regulating the Distance Requirements for Off-Sale Intoxicating Liquor Licenses from
1,000 feet to 2,460 feet and also instructs the distance be measured from main entrance
to main entrance. The second reading of this code revision is conducted under a
published Public Hearing Notice.
ORDINANACE 932
Sec. 6-169 Ineligibility of certain premises.
No off-sale license shall be issued under this division for premises located 2,640 feet
from an existing off-sale premise. Licensed premises that fall within 2,640 feet of each
other before October 25, 2013, shall be exempt from the 2,640 foot requirement until
that time that the licensed establishment is sold for a purpose other than an off-sale
liquor store. The distance between premises shall be measured from main entrance to
main entrance.
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Seconded by Councilmember Cave Ayes – Mayor Rossbach, Council
Members Cave,
Juenemann and Koppen
Nays – Councilmember Cardinal
Abstain – Councilmember Koppen
The motion passed.
I. UNFINISHED BUSINESS
1. Approval of Green Building Ordinance – Second Reading
a. International Code Council Members
Assistant Building Official Carver addressed the council and introduced Rick Hauffe,
Government Affairs Officer for the International Code Council. Mr. Hauffe introduced
Dave Walls, Executive Director of Sustainability Programs at the International Code
Council. Mr. Walls addressed the council to presented information on ICC and the
Green Building Ordinance. Mr. Hauffe further introduced Tom Bakken, President of
10,000 Lakes Chapter of the International Code Council.
Assistant Building Official Carver thanked staff for their leadership and efforts towards
the Green Building Ordinance.
Councilmember Juenemann moved to approve the second reading of Green Building
Program Ordinance.
ORDINANCE 933
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
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
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.
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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
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
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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 CO² 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
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 CO² 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.
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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
Seconded by Councilmember Cardinal Ayes – All
The motion passed.
2. Approval of Geranium Park Playground Plan
Parks Manager Taylor gave the staff report and answered questions of the council.
Councilmember Juenemann
3. Approval of Marshlands Trail Agreements for East Metro Training Facility
moved to approve the City Manager enter into a contract
with Flanagan Sales Inc. in the amount of $90,000 to purchase and install new
playground equipment chosen by the residents at Geranium Park.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
a. Hill Murray School
b. Ramsey County
Parks Manager Taylor gave the staff report. Parks and Recreation Director Konewko
answered questions of the council.
Councilmember Juenemann moved to approve the Marshland Trail Agreement with Hill
Murray School.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann
4. Approval of Subsurface Sewage Treatment System – Second Reading
moved to approve the Marshland Trail Agreement with
Ramsey County Parks and Recreation.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
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Assistant City Manager/Community Development Director Coleman gave the staff
report.
Councilmember Koppen
1.
moved to approve the second reading of the Subsurface
Sewage Treatment System Ordinance.
ORDINANCE 934
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 ........................................................................... 11
2. Sec. 40-162. - TITLE, PURPOSE AND INTENT ................................................... 11
3. Sec. 40-163. - AUTHORITY .................................................................................. 12
4. Sec. 40-164. - EFFECTIVE DATE ........................................................................ 12
5. Sec. 40-165. - 40.195 - RESERVED ..................................................................... 12
6. Sec. 40-196. - DEFINITIONS ................................................................................ 12
7. Sec. 40-197. - SCOPE .......................................................................................... 16
8. Sec. 40-198. - JURISDICTION ............................................................................. 16
9. Sec. 40-199. - ADMINSTRATION ......................................................................... 16
10. Sec. 40-200. - LIABILITY ...................................................................................... 16
11. Sec. 40-201. - MEASUREMENT OF DISTANCES ................................................ 16
12. Sec. 40-202. - INTERPRETATION OF CERTAIN ITEMS ..................................... 16
13. Sec. 40-203. - 40-232 - RESERVED ..................................................................... 17
14. Sec. 40-233. - RETROACTIVITY .......................................................................... 17
15. Sec. 40-234. - UPGRADE, REPAIR, REPLACEMENT, AND ABANDONMENT ... 17
16. Sec. 40-235. - SSTS IN FLOODPLAINS ............................................................... 18
17. Sec. 40-236. - CLASS V INJECTION WELLS ....................................................... 18
18. Sec. 40-237. - SSTS PRACTITIONER LICENSING .............................................. 18
19. Sec. 40-238. - PROHIBITIONS ............................................................................. 18
20. Sec. 40-239. - 40-269 - RESERVED ..................................................................... 19
21. Sec. 40-270. - STANDARDS ADOPTED BY REFERENCE .................................. 19
22. Sec. 40-271. - AMENDMENTS TO THE ADOPTED STANDARDS ...................... 19
23. Sec. 40-272. - VARIANCE REQUESTS ................................................................ 20
24. Sec. 40-273. - PERMIT REQUIRED ..................................................................... 21
25. Sec. 40-274. - CONSTRUCTION PERMIT ........................................................... 21
26. Sec. 40-275. - OPERATING PERMIT ................................................................... 23
27. Sec. 40-276. - ABANDONMENT CERTIFICATION ............................................... 26
28. Sec. 40-277. - MANAGEMENT PLANS ................................................................ 27
29. Sec. 40-278. - 40-309 - RESERVED ..................................................................... 28
30. Sec. 40-310. - COMPLIANCE INSPECTION PROGRAM ..................................... 28
31. Sec. 40-311. - 40-341 - RESERVED ..................................................................... 33
32. Sec. 40-342. - VIOLATIONS ................................................................................. 33
33. Sec. 40-343. - PROSECUTION ............................................................................ 33
34. Sec. 40-344. - STATE NOTIFICATION OF VIOLATION ....................................... 33
35. Sec. 40-345. - COSTS AND REIMBURSEMENTS ............................................... 34
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36. Sec. 40-346. - RECORD KEEPING ...................................................................... 34
37. Sec. 40-347. - ANNUAL REPORT ........................................................................ 34
38. Sec. 40-348. - FEES ............................................................................................. 34
39. Sec. 40-349. - INTERPRETATION ....................................................................... 34
40. Sec. 40-350. - SEVERABILITY ............................................................................. 34
41. Sec. 40-351. - ABROGATION AND GREATER RESTRICTIONS ......................... 34
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:
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(1) The protection of lakes, rivers and streams, wetlands, and groundwater in 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 September 23, 2013.
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.
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
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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.
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
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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;
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.
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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:
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.
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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.
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. 40-201. - 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.
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Sec. 40-203. - 40-232 - RESERVED
Sec. 40-197. - 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.
(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) Tw o 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.
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(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 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
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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 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.
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(d) Setbacks
The following setback requirements are in addition to the setbacks required in Table VII in
Minnesota Rules Chapter 7080.2150.F:
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 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
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
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
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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.
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.
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(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 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
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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 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
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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:
(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:
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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 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 parameters stipulated in the permit.
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(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 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:
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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 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;
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(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 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.
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(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 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.
(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.
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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
(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:
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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.
(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.
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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 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 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.
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(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
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
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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,
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.
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Sec. 40-352 - 370 - RESERVED
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
J. NEW BUSINESS
1. Approval for Improvements at 1830 County Road B East - Police Department
Expansion Project Phase 3 - Police Department Portion
a. Approval of Project & Budget
b. Approval of Construction Plans
c. Authorize Receipt of Bids
IT Director Fowlds gave the staff report and answered questions of the council. Chief Schnell
answered questions of the council.
Councilmember Juenemann moved to approve the project as “Improvements at 1830 County
Road B East – Police Department Expansion Project Phase 3 – Police Department Portion” not
to exceed $2,750,000 and which will be located at 1830 County Road B East.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Larry Koch, Project Engineer for the expansion from SEH addressed the council to give
comments and answer questions of the council.
Councilmember Juenemann moved to approve the plans for the construction work as prepared
by the Project Architect from SEH, Inc.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
Councilmember Juenemann moved to approve the receipt of project bids for said construction
work on October 22, 2013 at 2:00 pm according to standard city practice for bid openings.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
2. Review of 2014 Charitable Gambling Requests
Assistant City Manager/Community Development Director Coleman gave the staff report. City
Manager Ahl gave additional information.
The following people addressed to the council to present additional information about their
organization’s request for charitable gambling tax funds.
1. David Picard, Maplewood Monarchs–Special Olympics Team
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2. Kate Whitby, White Bear Area YMCA
3. Barbara Dickie, St. Mary’s Health Clinics
4. Tyler Samanski, Boy Scout Troop #197
5. Scott Revoir, Gethsemane Lutheran School
3. Approval of First Reading Amending the Ordinance Regulating Personal Services-
Closing Hours and Waiving Second Reading
Citizen Services Director/City Clerk Guilfoile gave the staff report and answered questions of the
council.
Councilmember Cave moved to approve the proposed amendment to section14-1139 to remove
restricted hours of operation from Personal Services, Licensed Premises and make the
proposed additions to section 14-943, 14-1023 and 14-1109 to continue enforcing restricted
hours of operation for Escort Services and Saunas and Bathhouse, and allow licensed Massage
Centers to operate on Sunday; It is recommended that the City Council waive the second
reading.
ORDINANCE 935
Chapter 14, Article XIII, Division 5 (Licensed Premises)
Sec. 14-1139. Closing hours.
No premises licensed under this article shall be open between the hours of 10:00 p.m. and 7:00
a.m. of the following day, and no business shall be operated on Sunday.
Chapter 14, Article XIII, Division 2 (Escort Services)
Sec 14-943. Closing hours.
No premises licensed under this article shall be open between the hours of 10:00 p.m. and 7:00
a.m. of the following day, and no business shall be operated on Sunday.
Chapter 14, Article XIII, Division 3 (Saunas and Bathhouses)
Sec 14-1023. Closing hours.
No premises licensed under this article shall be open between the hours of 10:00 p.m. and 7:00
a.m. of the following day, and no business shall be operated on Sunday.
Chapter 14, Article XIII, Division 4 (Massage Centers)
Sec 14-1109. Closing hours.
No premises licensed under this article shall be open between the hours of 9:00 p.m. and 7:00
a.m. of the following day.
Seconded by Councilmember Koppen Ayes – All
The motion passed.
K. AWARD OF BIDS
None
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L. VISITOR PRESENTATION
1. Bob Zick, North St. Paul Resident
M. ADMINISTRATIVE PRESENTATIONS
1. Update on Solar Panel Arrays on City Campus
IT Director Fowlds gave an update on the Solar Panel Arrays on City Campus. City Manager
Ahl provided additional information.
IT Director Fowlds also gave an update on the upcoming council chamber technical
improvements.
2. Council Calendar Update
City Manager Ahl gave a report on the City Council calendar.
N. COUNCIL PRESENTATIONS
1. Arkwright-Sunrise Project – petition turned in for the public record.
Councilmember Cave turned in a petition for the Arkwright-Sunrise Project for the public record.
2. Recycling Carts
Councilmember Cardinal requested that recycling carts be included on a future agenda for the
council to discuss.
3. New K-9 Dog
Councilmember Juenemann requested Chief Schnell to talk about the new K-9 dog the City has
received via a grant from the City of St. Paul. Police Chief Schnell informed the council about a
grant that was received from the St. Paul Police K-9 Foundation. Brix, the new German-
Shepard K-9, is in week two of training and is doing terrific.
O. ADJOURNMENT
Mayor Rossbach adjourned the meeting at 9:07 p.m.