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HomeMy WebLinkAbout2020-11-23 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 23, 2020 Held Remotely Via Conference Call Meeting No. 22-20 A. CALL TO ORDER A meeting of the City Council was held remotely via conference call and was called to order at 7:00 p.m. by Mayor Abrams. Mayor Abrams opened the meeting with remarks about the City of Maplewood returning to virtual meetings in response to the increase in COVID cases and the newest Governor’s Executive Order. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Marylee Abrams, Mayor Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Sylvia Neblett, Councilmember Present Bryan Smith, Councilmember Present D. APPROVAL OF AGENDA The following items were added to Council Presentations: Update on Nature Center Task Force Small Businesses Councilmember Neblett moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes – All, via roll call The motion passed. E. APPROVAL OF MINUTES 1. November 9, 2020 City Council Meeting Minutes Agenda item J3, change expense to expensive. Councilmember Juenemann moved to approve the November 9, 2020 City Council Meeting Minutes as amended. Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. November 23 2020 1 City Council Meeting Minutes 2. November 12, 2020 City Council Special Meeting Minutes Councilmember Juenemann moved to approve the November 12, 2020 City Council Special Meeting Minutes as submitted. Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave an update to the council calendar; reviewed other topics of concern or interest requested by councilmembers; and gave an overview of upcoming events in the community. 2. Council Presentations Update on Nature Center Task Force Councilmember Juenemann gave an update on the Nature Center Task Force. Council agreed that an additional meeting in December or January would be appropriate to gather further information. Small Businesses Mayor Abrams reminded citizens the effect COVID is having on businesses and encouraged them to shop small businesses, local businesses, and order take-out meals. Acknowledgement of Maplewood Organization for Racial Equity (M.O.R.E.) Team Work Councilmember Neblett reported on the M.O.R.E. Team meeting she attended earlier in the day and acknowledged them for the hard work they have been doing. 3. Update on Ponds at Battle Creek Public Engagement Community Development Director Thomson gave an update on the November 23, 2020 Community Engagement Meeting pertaining to the Ponds at Battle Creek. Information purposes only, no action required 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. Councilmember Juenemann moved to approve agenda items G1-G9. November 23 2020 2 City Council Meeting Minutes Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 586,563.78 Checks #106582 thru #106622 dated 11/10/20 $ 520,613.78 Disbursements via debits to checking account dated 11/02/20 thru 11/06/20 $ 1,107,777.80 Checks #106749 thru #106768 dated 11/17/20 $ 655,306.50 Disbursements via debits to checking account dated 11/09/20 thru 11/13/20 $ 2,870,261.86 Total Accounts Payable PAYROLL: $ 595,555.78 Payroll Checks and Direct Deposits dated 11/13/20 $ 1,421.00 Payroll Deduction check #99104370 thru #99104371 dated 11/13/20 $ 596,976.78 Total Payroll $ 3,467,238.64 GRAND TOTAL Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. 2. Certification of Delinquent Trash and Miscellaneous Accounts Receivable Councilmember Juenemann moved to approve the resolution certifying delinquent accounts receivable to the County Auditor. Resolution 20-11-1888 Resolution Certifying Delinquent Accounts Receivable to the County Auditor RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following delinquent accounts, totaling $42,126.69 for collection with the customers property taxes payable in 2021, including interest at the rate November 23 2020 3 City Council Meeting Minutes of ten percent (10%) on the total amount for one year. Delinquent trash collection bills $33,429.60 Delinquent miscellaneous bills $8,697.09 Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. 3. Cancellation of Uncollectible Ambulance Accounts Receivable Councilmember Juenemann moved to approve to cancel the uncollectible ambulance accounts receivable prior to 9/30/2018, in the amount of $326,323.89. Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. 4. Comprehensive Fee Schedule for 2021 Ordinance a. Ordinance Establishing 2021 Fee Schedule b. Resolution Authorizing Publication by Title and Summary (4 votes) Councilmember Juenemann moved to approve the ordinance establishing a comprehensive fee schedule for 2021. Ordinance 1016 An Ordinance Establishing a Fee Schedule for 2021 Section I. The Maplewood City Council adopts the following schedule to the Maplewood Code of Ordinances: Section II. The fees established in this ordinance supersede all fees established by ordinance, resolution, or policy prior to this ordinance. Section III. Any unpaid fees or charges constitute a service charge the City may collect pursuant to its authority under Minnesota Statutes, Sections 415.01, Subdivision 1 and Minnesota Statutes 366.012 by certifying the unpaid amount to the County Auditor for collection together with the property taxes imposed on the affected property or on any other property the person may own in the State. Section IV. This ordinance shall be effective January 1, 2021. City Clerk City of Maplewood - 2021 Fee Schedule ITEM/ACTIVITY 2021 Fees LICENSING ANIMAL PERMITS/REGISTRATIONS (initial AND renewal, unless noted otherwise) Dangerous/Potentially Dangerous Dog Registration Dangerous Dog $150.00 Potentially Dangerous Dog $100.00 Appeal Request $100.00 November 23 2020 4 City Council Meeting Minutes Tag $3.00 Sign $7.00 Poultry Permit (2yr permit) Initial Application $75.00 Renewal $50.00 Goat Permit Temporary Keeping of Goats Permit $75.00 Renewal $75.00 RESIDENTIAL LICENSES/PERMITS/REGISTRATIONS (initial AND renewal, unless noted otherwise) Home Occupation License Initial Application Set by CD Renewal $63.00 Recreational Vehicle Permit $15.00 LIQUOR LICENSES (initial AND renewal, unless noted otherwise) Off-Sale Licenses 3.2% Malt Liquor $350.00 Intoxicating Liquor $200.00 On-Sale Licenses 3.2% Malt Liquor $500.00 Wine $2,000.00 Club -Under 200 Members $300.00 -Between 201 and 500 members $500.00 -Between 501 and 1,000 members $650.00 -Between 1,001 and 2,000 members $800.00 -Between 2,001 and 4,000 members $1,000.00 -Between 4,001 and 6,000 members $2,000.00 -Over 6,000 members $3,000.00 Intoxicating Liquor -Class A $7,000.00 -Class B $8,500.00 -Class C $11,000.00 -Class E $4,667.00 2AM -Up to $100,000 in on sale gross receipts for alcoholic beverages $300.00 -Over $100,000, but not over $500,000 in on sale gross receipts for alcoholic beverages $750.00 -Over $500,000 in on sale gross receipts for alcoholic beverages $1,000.00 -3.2% On Sale Malt Liquor licensees or Set Up license holders $200.00 -Did not sell alcoholic beverages for a full 12 months prior to this application $200.00 Sunday Sales $200.00 Patio $200.00 BUSINESS LICENSES/PERMITS/REGISTRATION (initial AND renewal, unless noted otherwise) Alarm System Permit - Business $57.00 Amusement Park License $388.00 Automobile & Trailer Rental License 1st Five Rental $46.00 Each Additional Rental $13.00 Body Art Establishment License $309.00 Business Registration $40.00 November 23 2020 5 City Council Meeting Minutes Catering Food Vehicle 1st Vehicle $129.00 Each Additional Vehicle $89.00 Fleet (6+ Vehicles) $347.00 Cigarette and Tobacco License $250.00 Commercial Kennel License $85.00 Courtesy Bench License 1st Bench $69.00 Each Additional Bench $41.00 Currency Exchange Review $356.00 Food Establishment License Full Service $673.00 Seasonal (6mo or less) $337.00 Special Food Handling $103.00 Mobile Food Unit Mobile Food Unit - PHF (Potentially Hazardous Food) - 1st Vehicle $181.00 - Each Additional Vehicle $89.00 - Fleet (6+ Vehicles) $520.00 Mobile Food Unit - NPF (Non Perishable Food) - 1st Vehicle $76.00 - Each Additional Vehicle $46.00 - Fleet (6+ Vehicles) $176.00 Gasoline Station License 1st Pump $183.00 Each Additional Pump $15.00 Lodging Establishments License 1 - 15 Units $124.00 16 - 35 Units $169.00 36 - 100 Units $311.00 Over 100 Units $356.00 Motor Vehicle Repair License $162.00 Pawn Shop License $10,218.00 Massage Center $259.00 Therapist $224.00 New Center Package (Center License, Therapist License (up to 2) and Background $724.00 Investigations) Public Pool License Hot Tubs $118.00 Indoor Swimming Pool $118.00 Outdoor Swimming Pool $118.00 Combination $162.00 Secondhand Dealer License $367.00 Solid Waste Collection License $250.00 Used Car Dealer License $333.00 Annual License/Permit/Registration - Late Fee $25.00 or 10%, November 23 2020 6 City Council Meeting Minutes whichever is greater TEMPORARY LICENSES/PERMITS Amusement Permit (Carnival /Carnival Rides/Circus) $381.00 Christmas Tree Lot Permit $231.00 Fireworks - Pyrotechnic Display Permit $250.00 Fireworks - Retail Sales Permit Exclusive Firework sales $350.00 Firework sales with other merchandise $100.00 Food Service Permit Per Day (received 7 days or more prior to event) $55.00 Per Day (received 2-6 days prior to event) $80.00 Flea Market Season $336.00 Large Assembly Permit 500 to 1,000 Participants $258.00 1,001 to 2,500 Participants $515.00 2,501 to 3,500 Participants $773.00 3,501 and over Participants $1,030.00 Local Lawful Gambling $58.00 MCC On-Sale Liquor Catering Maplewood Providers $50.00 Non Maplewood Providers $100.00 Noise Control Waiver Permit $15.00 On-Sale 3.2 Beer License $55.00 On-Sale Intoxicating Liquor License $204.00 One-Time Event Permit $225.00 Special Event Permit $103.00 Tent Permit $52.00 Transient Sales Permit Up to 5 Days $27.00 6+ Days $106.00 BACKGROUND INVESTIGATIONS Liquor $500.00 Body Art Establishment $250.00 Cigarette & Tobacco Sales $135.00 Lawful Gambling $250.00 Personal Services $135.00 Secondhand Dealer $135.00 November 23 2020 7 City Council Meeting Minutes Pawn Shop $500.00 PASSPORTS Photos $10.00 Acceptance Fee $35.00 ELECTIONS Filing Fee $5.00 Precinct Boundaries and Polling Locations Map 11" x 17" $3.00 City Map with Street Index 11” X 17” $3.00 City Map with Street Index 24" x 36" $5.00 DATA PRACTICES Data Subjects Paper or Electronic No fee if it takes less than 15 minutes of staff time to make copies; otherwise (1) actual employee time to make copies; (2) $0.08 per page, black and white single sided; (3) $0.89 per page, color copy single sided; (4) CD/DVD $0.50; (5) standard USPS mailing fee Members of the Public Paper copies No fee if 30 or fewer pages requested; otherwise $0.25 per page, black and white single sided if under 100 pages; If more than 100 pages the following fees may apply: (1) actual employee time to search and retrieve and make copies if it takes more than 15 minutes of staff time plus the November 23 2020 8 City Council Meeting Minutes cost of materials ($0.08 per page, black and white single sided; $0.89 per page, color copy single sided) and standard USPS mailing fee Electronic copies Actual employee time to search and retrieve and make electronic copies if it takes more than 15 minutes of staff time. If the request includes making copies on a media the following additional fees apply:CD/DVD $0.50 and standard USPS mailing fee City Maps City map with street index 11"x17" $3.00 City map with street index 24"x36" $5.00 Communications City of Maplewood - 2021 Fee Schedule ITEM/ACTIVITY 2021 Fees Partnership Packages & Rates (Please note: Packages may be customized at the discretion of the Communications Manager, which may change the price of the package) Maplewood Leaders * Color ¼ - page ad in all 12 editions of Maplewood Living, the City’s official newsletter $9,500.00 distributed to more than 20,000 homes. ($5,000 value) * Top-tier sponsorship of the following major City of Maplewood events: State of Maplewood, 4th of July and Community Engagement Breakfast ($2,200 Value). * Partner video ($2,500) * Partnership recognition on City Hall Digital Display ($1,500 value) Maplewood Friends * Color ¼ page ad in every other edition of Maplewood Living (6 months), the City’s official $3,000.00 newsletter distributed to more than 20,000 homes. ($2,640 Value) * Sponsorship at two City of Maplewood events ($1,000 – $1,200 Value). * Partnership recognition on City Hall Digital Display ($1,500 value) Maplewood Supporter * Color ¼ page ad in three editions of Maplewood Living, the City’s official newsletter $1,500.00 distributed to more than 20,000 homes. ($1,500 Value) * Sponsorship at one of the following major City of Maplewood events: State of Maplewood, Community Engagement Breakfast or 4th of July Celebration. ($500 - $700 Value) Light it Up 4th of July partners ONLY: Deluxe Bar-be-que Package November 23 2020 9 City Council Meeting Minutes * Booth at 4th of July Celebration $695.00 * Quarter-page ad in one summer edition of Maplewood Living recognizing the partnership * Individual ad in city hall digital display * Significant signage exposure on event promotional flyers and banners in Maplewood Living,social media, city hall, Maplewood Community Center/YMCA, and at event) Pop & Brat Package * Placement in city hall digital display with other sponsors $295.00 * Signage exposure (on event promotional flyers and banners in Maplewood Living, social media, city hall, Maplewood Community Center/YMCA, and at event) Ad Rates for Maplewood Living Distributed to 20,000 households monthly - 1/4 Page - Approximately 3.75' (w) x 4.5" (h) Single Run $498.00 4 Ad Package $1,872.00 6 Ad Package $2,640.00 12 Ad Package $4,968.00 Community Development City of Maplewood - 2021 Fee Schedule ITEM/ACTIVITY 2021 Fees Permits *Stated permit fees do not include the surcharge imposed on most permits by the State of Minnesota. Building Permits Based on Valuation Total Valuation: $1.00 to $500.00 $28.05 $501.00 to 2,000.00 $28.05 for the first $500.00 plus $3.62 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $82.35 for the first $2,000.00 plus $16.42 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $460.01 for the first $25,000.00 plus $11.97 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $759.17 for the first $50,000.00 plus $8.36 for each additional $1,000.00, or fraction thereof, November 23 2020 10 City Council Meeting Minutes to and including $100,000.00 $100,001.00 to $500,000.00 $1,177.17 for the first $100,000.00 plus $6.68 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,849.17 for the first $500,000.00 plus $5.57 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $6,634.17 for the first $1,000,000.00 plus $4.46 for each additional $1,000.00, or fraction thereof Electrical Permit Fee *electrical permit fees are the greater of the total inspection fee or total service and circuit calculation plus the administrative fees Inspection Fees Minimum Fee $45.00 Inspection / Reinspection Fee $45.00 per Inspection Residential Maximum Fee (200 amps or Less) $190.00 All Other Fees N/A New or Repair Services/Power Supply 0 to 300 amp $55.00 400 amp $71.00 500 amp $87.00 600 amp $103.00 800 amp $135.00 1,000 amp $167.00 Each Additional 100 amps $16.00 Transformers and Generators 1 to10 kVA $5.00 11 to 74 kVA $45.00 75 to 299 kVA $60.00 Over 299 kVA $165.00 Feeders/Circuits 0 to 100 amps $9.00 101 to 200 amps $15.00 201 to 300 amps $21.00 301 to 400 amps $27.00 401 to 500 amps $33.00 Each Additional 100 amps $6.00 November 23 2020 11 City Council Meeting Minutes Solar Fees 0 to 5 kw $90.00 5.1 to 10 kw $150.00 10.1 to 20 kw $225.00 20.1 to 30 kw $300.00 30.1 to 40 kw $375.00 Over 40 kw $375.00 plus $25.00 for each additional 10 KW Other Fees Residential Panel Replacement $110.00 Residential Sub Panel $45.00 Apartment Buildings $80.00 per unit Retrofit Lighting $0.85 per fixture Sign Transformer or Driver $9.00 per transformer Swimming Pools and Hot Tubs $90.00 plus $9.00 per circuit Residential additions, remodels or basement finishes (up to 10 circuits and two $90.00 inspections) Residential Accessory Structures $55.00 plus $9.00 per circuit Traffic Signals $8.00 per standard Street Lights and Parking Lot Lights $5.00 per standard Low Voltage Fire Alarm, Heating and Air Conditioning Controlling Wiring $0.85 per device Electronic Inspection of AC, Furnace, Bath Fan, Fireplace, Water Heater Vent $40.00 Receptacle Hourly Rate for Carnivals $90.00 Administrative Fees State Surcharge $1.00 Administrative Fee $9.50 Manufactured Home Permit Fee New installation or replacement $175.00 Residential Mechanical Permit Fee Minimum fee $40.00 Gas piping – Repair or new installation $40.00 Gas or oil fired furnace or boiler $40.00 Warm air furnace or hot water heating system $40.00 Construction or alt.of any warm air furnace per unit Construction or alteration of each hot $40.00 water system Installation or replacement of each hot water system per unit Per unit heaters based on first 100,000 BTU input Air conditioning – new or replacement $40.00 Wood burning furnace per unit $40.00 Swimming pool heater per unit $40.00 Air exchanger $40.00 Gas or oil space heater per unit $40.00 Gas direct vent heater per unit $40.00 Gas fireplace, Gas log or insert $40.00 In floor Heat system $40.00 Furnace $120.00 Other $40.00 Commercial Mechanical Permit Fee November 23 2020 12 City Council Meeting Minutes All commercial work 1.5% of estimated job cost + $78.00 Mechanical plan review 25% of the permit fee Residential Plumbing Permit Fee Minimum fee (includes one fixture opening) $45.00 Each additional fixture opening $10.00 Commercial Plumbing Permit Fee All commercial work 1.75% of estimated job cost Plus $91.00 Sign Permits Billboard $500.00 Dynamic Display Sign $175.00 Dynamic Display Sign Yearly License Fee $175.00 Freestanding Sign $175.00 Temporary Sign $45.00 Wall Sign $110.00 Residential Permit Flat Fee Windows $145.00 Deck $145.00 Residential roof $145.00 Residential egress window $145.00 Residential siding $145.00 Residential Solar Permits $200.00 Above-Ground Pools $145.00 In-Ground Pools $145.00 Drain tile $145.00 Building relocation $100.00 Miscellaneous Fees Plan Review Fee When a building permit is required and a plan is required to be submitted, a plan review Plan review fees fee shall be paid. The plan review fees specified are separate fees from the permit fees for all buildings specified and are in addition to the permit fees. shall be sixty five percent (65%) of the building permit fee, except as modified in M.S.B.C. Section 1300. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items an additional plan review fee shall be charged at the above rate. Expiration of plan review: Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Refund Fee November 23 2020 13 City Council Meeting Minutes The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has paid is withdrawn or canceled before any plan review is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. Investigation Fee If work for which a permit is required by the code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee, in addition to the permit fee, shall be collected. The investigation fee shall be no more than the amount of the permit fee required. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the city code nor from any penalty prescribed by law. Demolition Fee Structures not connected to utilities $95.00 Structures connected to city utilities $220.00 Other Inspections and Fees Inspections outside of normal business hours (minimum 2 hour charge) $100.00 per hour Re-inspection fees $100.00 per hour Re-inspection fees from Health Officer on pools $100.00 per hour Inspections with no specific fee indicated (minimum 1/2 hour charge) $100.00 per hour Investigation Fee $100.00 per hour Interior Preparation fee $100.00 Occupancy permit $100.00 Replacement of inspection record card $50.00 Re-issue of approved plans $50.00 Housing with services inspection fee $50.00 State Surtax Collected Permits with a flat fee $1.00 per permit Permits based on valuation Calculated based on the permit valuation Use of outside consultants for plan review, inspections and similar costs Actual c osts* *Actual costs include administrative and overhead costs. Miscellaneous Service Fees Abatement Fee $300.00 Contractor License / Truth-in Housing Evaluator License $130.00 Trash Hauling Exemption (Opt-Out) $35.00 Tree replacement fee for trees that cannot be replaced on site $60.00 per caliper inch Truth-in-Housing Filing Fee $30.00 Reasonable Accommodation License Application $50.00 Health Fees Restaurant Plan Review Existing restaurant $330.00 New restaurant $685.00 Lodging Plan Review 1 - 15 units $200.00 16+ units $250.00 Mobile Food Unit Plan Review $250.00 Planning Fees November 23 2020 14 City Council Meeting Minutes Planning Fees Administrative Variance $500.00 Building Relocation $925.00 1 Comprehensive Plan Amendment $1,650.00 1,3 Conditional Use Permit (CUP) $1,650.00 1,3 CUP Revision $1,000.00 1,3 Community Garden CUP $825.00 1,3 Community Garden CUP Revision $500.00 2 Final Plat $430.00 Front Yard Setback Authorization $500.00 Home Occupation $1,385.00 1 Lot Divisions $500.00 1,3 Planned Unit Development $2,735.00 3 Preliminary Plat $2,050.00 Preliminary Plat Revision or Extension $990.00 1 Public Vacation $1,200.00 1 Rezoning $1,650.00 1 Variance $1,385.00 Woodlot Alteration Permit $375.00 Zoning Compliance Letter $100.00 1County Recording Fee (In Addition to Planning Application Fee) $46.00 2 Plat Opinion Letter Fee (In Addition to Planning Application Fee) $200.00 3 Development Sign Fee (In Addition to Planning Application Fee) $200.00 Community Design Review Commercial/Multi-family $1,650.00 Minor Construction $500.00 Residential $500.00 Revision $500.00 Comprehensive Sign Plan $500.00 3 Development Sign Fee (In Addition to Community Design Review Fee) $200.00 Tax-Exempt and Tax Increment Financing Fees Tax-Exempt and Mortgage Revenue Financing Amount paid with application (non-refundable)* $2,500.00 Base charge (% of bond issue) par on the first $20 million due at closing 0.50% Par on portion in excess of $20 million due at closing 0.10% Refinancing Fee 50% of the above The City will be reimbursed for any technical changes to a bond issue previously issued at 25% of the above schedule. Tax Increment Financing Application Fee (non-refundable) $6,760.00 Escrow Deposit $5,000.00 Code Enforcement Fees Excessive Consumption of Inspection Services Third Inspection $75.00 Fourth Inspection $100.00 Each Additional Inspection $150.00 Nuisance Abatement Abatement Fee $300.00 Administrative Fee 25% of abatement cost Abatement Cost 100% of the cost to complete the abatement Rental Licensing Fees November 23 2020 15 City Council Meeting Minutes Rental Dwelling License Annual License $150.00 plus $50.00 per unit First Re-Inspection $0.00 Second Re-Inspection $250.00 Third and Subsequent Re-Inspection $500.00 Finance City of Maplewood - 2021 Fee Schedule ITEM/ACTIVITY 2021 Fees Miscellaneous Fees Late Penalty (Utility Accounts, Abatements, False Alarms, Etc.) (One-time charge if 5% invoice is not paid within 30 days.) NSF $30.00 Special Assessment Certification Fee 10% Credit Card Convenience Fee 2.98% + $0.30/transaction Utility Rates Sewer St. Paul (100 cubic ft) (ave 22 units per qtr) $3.32 Other (1,000 gallons) (ave 16.5 units per qtr) $4.43 Minimum charge - quarterly $18.60 Flat rate for well accounts $50.27 EUF Residential charge - quarterly $27.25 Discount fee for raingardens (Little Canada 70%) $19.08 Multi Family - monthly $57.76 Institutional - monthly $70.29 Commercial - monthly $89.91 Recycling Base Quarterly charge $16.56 Additional Cart Fee per Quarter $8.20 Water Surcharge St. Paul - % of St. Paul water bill (ave $50/qtr) 22 units per quarter ave for family of 4 7.00% N. St. Paul - quarterly 3.60 Trash Hauling 20 EOW – Monthly - Rates reflect all taxes and fees and the City's $0.75 per household $12.51 cart fee. 20 Gallon – Monthly - Rates reflect all taxes and fees and the City's $0.75 per household $13.02 cart fee. 35 Gallon – Monthly - Rates reflect all taxes and fees and the City's $0.75 per household $15.01 cart fee. 65 Gallon – Monthly - Rates reflect all taxes and fees and the City's $0.75 per household $19.44 cart fee. 95 Gallon – Monthly - Rates reflect all taxes and fees and the City's $0.75 per household $23.69 cart fee. Yard Waste Rate (per season - for residents who opt in) (no tax on yard waste) $124.80 Bulky Items Rates (Appliances, Electronics, Furniture, etc.) (plus tax) $10-$35 FRANCHISE FEES Gas Utility Monthly Franchise Fee Residential $3.00 Commercial Non Demand $12.00 Commercial Demand $100.00 Small Interruptible $75.00 Medium & Large Interruptible $110.00 November 23 2020 16 City Council Meeting Minutes Firm Transportation $2.50 Interruptible Transportation $2.50 Electric Utility Monthly Franchise Fee Residential $3.00 Small C&I Non-Demand $4.75 Small C&I Demand $30.00 Large C&I $180.00 Public Street Lighting $4.00 Municipal Pumping Non-Demand $4.00 Municipal Pumping Demand $4.00 Cable Franchise Fee Cable Franchise Fees - Monthly 5% of gross revenue Cable PEG Fees - Monthly 2% of gross revenue Parks & Recreation City of Maplewood - 2021 Fee Schedule ITEM/ACTIVITY 2021 Fees Parks & Recreation Wakefield Park Community Building Monday-Thursday Meeting Rates: Between 8a-4p (per hour, 2hr min) $50.00 Monday-Thursday Meeting Rates: Between 8a-4p Additional Hours (per hour) $50.00 Monday-Thursday Regular Rental: 4hrs - Resident $150.00 Monday-Thursday Regular Rental: 4hrs - Non Resident $190.00 Friday-Sunday Regular Rental: 4hrs - Resident $200.00 Friday-Sunday Regular Rental: 4hrs - Non Resident $250.00 Friday-Sunday Regular Rental: 7hrs - Resident $300.00 Friday-Sunday Regular Rental: 7hrs - Non Resident $370.00 Regular Rental Additional Hours (per hour) $75.00 Outdoor Patio Exclusive Use Add-on $100.00 Picnic Shelter Rental Afton Heights Park or 4 Seasons Park Building $55.00 Applewood Park $55.00 Hazelwood Park $55.00 Lion's Park $55.00 Maplewood Heights Park $35.00 Pleasantview Park $35.00 Wakefield Park $75.00 Community Gym Rental Fees Half Court Rental (per hour per court) $40.00 Full Court Rental (per hour per court) $60.00 Edgerton Community Gym 'Entire Gym Rental (8+ hour rental) per hour $55.00 Carver Community Gym Entire Gym Rental (8+ hour rental) per hour $110.00 Field Rental Fees Hazelwood - Soccer - Full Size (per game) $65.00 Hazelwood - Soccer - Small Size $40.00 Other Locations - Soccer - Full Size $55.00 Baseball/Softball (per game) $35.00 Baseball/Softball - Tourney (per day/per field) $100.00 Volleyball Tourney/Large Group Rental - Harvest, Geranium, Wakefield (per day/per park) $300.00 Food Vendor In Park Permit - Weekdays (per day) $15.00 Food Vendor In Park Permit - Weekends or Holidays (per day) $45.00 Nature Center Nature Center Program Fees November 23 2020 17 City Council Meeting Minutes Basic Program Fee per person $5.00 School Fee per child $4.00 Birthday Party Fee- up to 12 children $80.00 Birthday Party Fee- up to 15 children $100.00 Basic Outreach Fee- plus mileage $130.00 Outreach, additional shows same site- $30 Item Rental Fees Snowshoes- per pair, for use on site $5.00 Room Rental Fees Sunroom rental- per hour $30.00 Sunroom rental - All day - 5 hours or more $150.00 Touch and See Room Reservation- self -guided groups- 45 minutes $50.00 Community Garden Rental Plot Rental of Garden Plot $25.00 Public Safety - Police/Fire/EMS City of Maplewood - 2021 Fee Schedule ITEM/ACTIVITY 2021 Fees POLICE Police Reports Requester is arrested party $0.25 per page (one side or $0.50 per page double sided) Public traffic crash report (requester is not involved in crash) $0.50 per page Public traffic crash report (requester is involved in crash) no charge Monthly email of public traffic crash reports $60.00/month Certified copy of any report $5.00 Evidence Requests CD/DVD of digital evidence (photos, audio, video) $5.00/disc 911 Audio transcripts $50.00 deposit plus actual cost of transcription through current transcription provider and staff time to get audio ready for transcription and staff time to review transcription for accuracy before release Towing Owners of vehicles towed to 1830 or 1902 County Road B E for law enforcement $125.00 per purposes vehicle Overnight Parking Permits Permit for vehicle to be parked on a city street overnight good for no more than 365 days $50.00 per vehicle/permit Excessive Calls for Service Third and subsequent calls, within 365 days, deemed excessive by definition in ordinance $250.00 each False Alarms 1st $0.00 2nd (within 12 months of the 1st false alarm) $0.00 November 23 2020 18 City Council Meeting Minutes 3rd (within 12 months of the 1st false alarm) $100.00 4th (within 12 months of the 1st false alarm) $200.00 5th (within 12 months of the 1st false alarm) $300.00 6th (within 12 months of the 1st false alarm) $400.00 7th (within 12 months of the 1st false alarm) $500.00 8th (within 12 months of the 1st false alarm) $500.00 9th (within 12 months of the 1st false alarm) $500.00 10th & Over (within 12 months of the 1st false alarm) $500.00 Outside Employment Police Officers $98.58/hour Squad Car only available with an officer no charge Fingerprinting Each fingerprint card $15.00 FIRE/EMS False Alarm Fees Commercial Commercial - 1st False $0.00 Commercial - 2nd False (within 12 months of the 1st false alarm) $0.00 Commercial - 3rd False (within 12 months of the 1st false alarm) $200.00 Commercial - 4th False (within 12 months of the 1st false alarm) $300.00 Commercial - 5th False and more (within 12 months of the 1st false alarm) $400.00 Residential Residential - 1st False $0.00 Residential - 2nd False (within 12 months of the 1st false alarm) $0.00 Residential - 3rd False (within 12 months of the 1st false alarm) $200.00 Residential - 4th False (within 12 months of the 1st false alarm) $300.00 Residential - 5th False and more (within 12 months of the 1st false alarm) $400.00 Ambulance Transport Fees Resident ALS2 (Advanced Life Support) $2,513.00 ALS (Advanced Life Support) $2,278.00 BLS (Basic Life Support) $1,733.00 No Load $656.00 Mileage $22.50 Non-Resident ALS2 (Advanced Life Support) $2,890.00 ALS (Advanced Life Support) $2,620.00 BLS (Basic Life Support) $1,993.00 No Load $754.00 Mileage $25.88 Sliding Fee Schedule to Assist Those with a Financial Need Annual Income Threshold by Sliding Fee Discount Pay Class and Percent Poverty At or Below 100% of the Poverty Guideline - Patient Responsibility: % of Total 50% Charges * At 125% of the Poverty Guideline - Patient Responsibility: % of Total Charges * 60% At 150% of the Poverty Guideline - Patient Responsibility: % of Total Charges * 70% At 175% of the Poverty Guideline - Patient Responsibility: % of Total Charges * 80% At 200% of the Poverty Guideline - Patient Responsibility: % of Total Charges * 90% Above 200% of the Poverty Guideline - Patient Responsibility: % of Total Charges 100% * Must complete the Sliding Fee Application and submit required documentation. Outside Employment $98.58/hour Equipment Standby - Based on FEMA's current Schedule of Equipment Rates Public Works November 23 2020 19 City Council Meeting Minutes City of Maplewood - 2021 Fee Schedule ITEM/ACTIVITY 2021 Fees Connection Charges Sanitary Sewer Service Main Line Permit Base Fee $114.00 Plus Each Connection to Existing System, New Structures, Alteration, or Re-Inspection $59.00 Sanitary Sewer Service Connection Permit New Sanitary Sewer Service $110.00 per service Disconnect or Repair $39.00 per service Septic Systems Private Individual Septic Systems $500.00 Sanitary Sewer Cash Connection Charge Residential Connection Charge $4,325.00 For all new connections for properties that have not been previously charged or assessed for construction of the public system. Commercial Connection Charge (per front footage) $57.00 For all new connections for properties that have not been previously charged or assessed for construction of the public system. Commercial Connection Charge = Residential Connection Charge / 75 (Average Lot Width) Sewer Assessment for City Project Residential Sanitary Service Installed to New Main $1,530.00 Residential Sanitary Service Installed to Existing Main $2,880.00 Comm/Ind Sanitary Service Installed to New Main $20.00 cost per front footage Comm/Ind Sanitary Service Installed to Existing Main $38.00 cost per front footage Sewer Availability Charge (SAC) SAC Unit Fee (Rate Set by MCES) $2,485.00 1 SAC Unit = 1 Single family dwelling (SFD) SAC Unit for all other types of developments total number of equivalent SFD SAC Units is determined by MCES. Local SAC Fee per SFD Unit $130.00 Water System Fees Water Main Cash Connection Charge Residential Connection Charge $4,325.00 For all new connections for properties that have not previously been charged or assessed for construction of the public system. Commercial Connection Charge $57.00 For all new connections for properties that have not previously been charged or assessed for construction of the public system. Commercial Connection Charge = Residential Connection Charge / 75 (Average Lot Width) Water System Assessment for City Project Residential Water Service Installed to New Main $1,530.00 Residential Water Service Installed to Existing Main $1,900.00 Comm/Ind Water Service Installed to New Main $20.00 cost per front footage Comm/Ind Water Service Installed to Existing Main $25.00 cost per front footage Water Availability Charge (WAC) WAC Unit Fee $285.00 The total number of WAC units to be paid is equal to the total number of equivalent SAC Units required as determined by MCES. Storm Sewer System Fees November 23 2020 20 City Council Meeting Minutes Storm Sewer Permit Private Storm Sewer Main Base Fee $114.00 Plus Each Connection to Existing System, New Structures, Alteration, or Re-Inspection $59.00 Base Escrow (Cover first 10 Connections or New Structures) $300.00 Escrow released after passing inspection. Plus Additional Escrow (Per Each Additional Connection or New Structure) $30.00 Escrow released after passing inspection. Storm Sewer System Assessment for City Project Storm Drainage Improvements $1,090.00 Assessment rate will be based on independent special benefit appraisals. Street, Driveway, and Parking Lot Fees Driveway and Parking Lot Permits Driveway Permit $28.00 Parking Lot Paving Permit ($104.00 Base Fee for 0-50,000SF) $104.00 50,000SF and greater = base fee + (SF over 50,000 x 0.002) Grading Permit, Plan Review, and Inspection Fee Grading Permit, Plan Review, and Inspection Fee Based on Total Estimate Material Moved Fee based on complexity of the project, proximity to environmental sensitive areas, and scope of project. <=50 C.Y. $37.00 51 to 100 C.Y. $94.00 101 to 1000 C.Y. $94.00 plus each additional 100 C.Y. $30.00 1001 to 10,000 C.Y. $364.00 plus each additional 1000 C.Y. $23.00 10,001 to 100,000 C.Y. $571.00 plus each additional 10,000 C.Y. $137.00 100,001 to 200,000 C.Y. $1,804.00 plus each additional 10,000 C.Y. $77.00 200,000 C.Y. or more $2,574.00 plus each additional 10,000 C.Y. $13.00 Park Availability Charge (PAC) PAC PAC per Capita Base Unit Charge $1,040.00 1 SFD PAC Fee = $1040 per capita x 3.4 capita = $3540.00 per SFD PAC Commercial Development = % x Land Market Value 9% Right of Way Permit and Inspection Fees Contractor Yearly Registration Fee (per year) $40.00 Hole Excavation Permit Fee (per hole) $100.00 Trench Excavation Permit Base Fee $100.00 Plus Each Lineal Foot $60.00 Emergency Excavation Permit $100.00 Aerial/Obstruction Permit $80.00 Permit Extension Fee $35.00 Delay Penalty Fee Base Fee (up to three days late) $35.00 Plus Each Additional Day (per day) $10.00 Small Cell Attached to City Infrastructure - Requires contract with City to determine monthly rental $130.00 fee. Non-City Infrastructure - Contractor license and any additional ROW fees. Contractor will need to contact infrastructure owner to determine any other fees. November 23 2020 21 City Council Meeting Minutes Engineering Review Fees Planning and Community Development Applications Planning applications and development reviews for engineering conformance to Staff Hourly Rate engineering standards and City ordinances. Services performed by City Personnel will be hourly and applied to the application escrow. Grading Fee Fee amount based on each individual site. Varies Erosion Control Escrow Escrow amount based on each individual site. Varies Tree Escrow $60 per caliper inch of tree replacement required. Please see the tree standards for more Varies information. Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. Councilmember Juenemann moved to approve the resolution authorizing publication of ordinance by title and summary. Resolution 20-11-1889 Fee Schedule for 2021 Summary Authorizing Publication of Ordinance No. 1016 By Title and Summary WHEREAS, the City of Maplewood (the “City”) is a municipal corporation organized and existing under the laws of Minnesota; and WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No. 1016, which creates city code to allow for a fee schedule; and WHEREAS, Minnesota Statutes, § 412.191, Subdivision 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is 14 pages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinances NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No. 1016 to be published in the official newspaper in lieu of the entire ordinance: PUBLIC NOTICE The City Council of the City of Maplewood has adopted Ordinance No. 1016, which creates an ordinance to allow for a fee schedule. A summary of the ordinance follows: Ordinance No. 1016 An Ordinance Establishing a Fee Schedule for 2021 November 23 2020 22 City Council Meeting Minutes 1. City Clerk Fees 2. Communications Fees 3. Community Development Fees 4. Finance Fees 5. Parks and Recreation Fees 6. Public Safety Fees 7. Public Works Fees Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. 5. Resolution Designating Polling Place Locations for 2021 Councilmember Juenemann moved to approve the resolution designating polling place locations for 2021. Resolution 20-11-1890 City of Maplewood Ramsey County, Minnesota Resolution Designating Polling Place Locations 2021 Elections WHEREAS, Minnesota Statutes 204B.16, subd 1 requires the City Council, by ordinance or resolution, to designate polling place locations for the upcoming year; and WHEREAS, changes to the polling place locations may be made at least 90 days before the next election if one or more of the authorized polling places becomes unavailable for use; and WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Maplewood hereby designates the following polling place locations for elections conducted in the city in 2021: Precinct 1 St. Paul Hmong Alliance Church 1770 McMenemy Street Precinct 2 Edgerton Elementary School 1929 Edgerton Street Precinct 3 Gladstone Fire Station 1955 Clarence Street Precinct 4 Wakefield Park Community Building 1860 Hazelwood Street N. Precinct 5 Maplewood Community Center/YMCA 2100 White Bear Avenue N. Precinct 6 Redeeming Love Church 2425 White Bear Avenue N. November 23 2020 23 City Council Meeting Minutes Precinct 7 First Evangelical Free Church 2696 Hazelwood Street Precinct 8 Ramsey County Library 3025 Southlawn Drive Precinct 9 Maplewood Middle School 2410 Holloway Avenue E. Precinct 10 East Metro Regional Public Safety Training Center 1881 Century Avenue N. Precinct 11 Beaver Lake Education Center 1060 Sterling Street N. Precinct 12 Carver Elementary School 2680 Upper Afton Road E. Precinct 13 Lutheran Church of Peace 47 Century Avenue S. AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate a replacement meeting the requirements of the Minnesota Election Law for any polling place location designated in this Resolution that becomes unavailable for use by the City; AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate an emergency replacement polling place location meeting the requirements of the Minnesota Election Law for any polling place location designated in this Resolution when necessary to ensure a safe and secure location for voting; AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy of this resolution and any subsequent polling place location designations to the Ramsey County Elections Office; AND BE IT FURTHER RESOLVED, that the city clerk is directed to post a notice of the polling place location changes in the clerk’s office. Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. 6. Purchase Six 2021 Police Vehicles Councilmember Juenemann moved to approve the Purchase of Six 2020 Police Vehicles. Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. 7. Purchase Two Park Maintenance Machines Councilmember Juenemann moved to approve the purchase of two park maintenance machines and direct the Mayor and City Manager to enter into a contract with MTI/Toro for the purchase under MN State Contract #178432 in the amount of $166,787.50. November 23 2020 24 City Council Meeting Minutes Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. 8. Resolution of Intent to Replace Sterling Street Bridge (Bridge No. 92252) in the City of Maplewood, City Project 16-25 Councilmember Juenemann moved to approve the resolution of Intent to Replace, Sterling Street Bridge (Bridge No. 92252) In the City of Maplewood, City Project 16-25. Resolution 20-11-1891 Intent to Replace the Sterling Street Bridge (Bridge No. 92252) in the City of Maplewood, City Project No. 16-25 WHEREAS, the City of Maplewood has reviewed the pertinent data on the Sterling Street Bridge, Bridge No. 92252, and WHEREAS, according to the latest inspection performed by Ramsey County, the bridge has an “unofficial” sufficiency rating of 29.1, and WHEREAS, the City of Maplewood has identified Bridge No. 92252 as a high priority bridge that is in need of replacement. NOW, THEREFORE, BE IT RESOLVED, that the Sterling Street Bridge, Bridge No. 92252, is a high priority bridge and the City of Maplewood intends to replace it as soon as possible when funds are available. STATEMENT OF PURPOSE. The purpose of this resolution is to meet the requirements for the Minnesota Department of Transportation, Office of State Aid, and use the state transportation bond funds for bridge replacement. In order to be eligible for bridge bond monies, local units of government are required to adopt a resolution of proposed bridge replacement projects for the next five years. Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. 9. Waiver of Variable Pass-Through Percentage Councilmember Juenemann moved to approve the signing of the Variable Pass-through Waiver by Mayor Abrams. A condition of the approval is that the grant must be consistent with the policies and programs of the City and will not result in any conflict or adverse effects on any other program or initiative in which the City is currently or likely to be engaged and as approved by the City Manager. Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk November 23 2020 25 City Council Meeting Minutes before addressing the council. 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. None I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Solid Waste Management Ordinance a. Ordinance Repealing the Solid Waste Management Ordinance and Creating a New Solid Waste Management Ordinance b. Resolution Authorizing Publication by Title and Summary (4 Votes) Community Development Director Thomson gave the staff report. Councilmember Juenemann moved to approve the ordinance repealing the Solid Waste Management ordinance and creating a new Solid Waste Management ordinance. Ordinance 1017 An Ordinance Repealing the Solid Waste Management Ordinance and Creating a New Solid Waste Management Ordinance with Certain Modifications The Maplewood City Council ordains as follows: Section I. This section repeals the Solid Waste Management ordinance, Chapter 30, Secs. 30-1 to 30-105 and replaces them with a new Solid Waste Management ordinance. Article I. – In General (Residential, Multiple-Family, Commercial) Sec. 30-1 - Purpose The city’s goal is to improve solid waste management and to serve the following purposes: (a) Achieve a reduction in waste generated. (b) Encourage the separation and recovery of materials and energy from waste. (c) Ensure the protection of public health and safety and promote city cleanliness and livability. (d) Promote best management practices in solid waste management to protect air quality, water quality, and natural resources. November 23 2020 26 City Council Meeting Minutes (e) Be consistent with the requirements of the State statutes, State rules and Ramsey County ordinances, and with State and Ramsey County solid waste plans. (f) Provide high quality solid waste and recycling services in the most cost-effective manner possible. (g) Coordinate solid waste management among political subdivisions. The city has authority to enact ordinances for these purposes under Minnesota Statutes, section 412.221, subdivision 22, which requires the city council to provide for or regulate the disposal of garbage and other solid waste. The City Manager or his or her designee shall have the authority to develop policy standards concerning the management of the Solid Waste ordinance. These standards shall not be contrary to this division. Sec. 30-2 – Definitions The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this ordinance, except where the context clearly indicates a different meaning: Additional/overflow garbage means garbage in excess of the capacity of the city- provided garbage cart with the lid in the fully closed position. Appliances include washers, dryers, refrigerators, freezers, air conditioners, dehumidifiers, humidifiers, stoves, ranges, hot water heaters, water softeners and other, similar large household items that require electricity and/or special processing under Minnesota laws, but do not include “electronic waste.” Bulky waste means all large, bulky household materials which are too large for one person to pick up and/or do not fit within the city-provided garbage cart, and include (but are not limited to) carpeting and padding, mattresses, chairs, couches, tables, appliances and car parts including wheels, rims and tires. City-contracted garbage hauler is the company that the city contracts with in accordance with Minnesota Statutes, section 115A.94 to provide residential garbage collection and disposal services in the city. The city-contracted garbage hauler is the sole garbage hauler for single-family residential properties in the city, and for other properties that the city has allowed to opt-in to the city-contracted garbage hauler service. City-contracted recyclables hauler means the hauler(s) contracted by the city to provide collection of designated recyclables in the city for single-family and multiple-family dwellings properties in the city. City-provided garbage carts are the wheeled containers for residential garbage in the city that are owned by the city and provided to garbage customers for their use; the containers are of various sizes and ownership is retained by the city. City residential garbage program is the garbage collection through the city-contracted garbage hauler and any collection services outlined in the residential garbage contract. City residential recycling program is the recyclable collection through the city-contracted November 23 2020 27 City Council Meeting Minutes recycling hauler and any collection services outlined in the residential recycling contract. Collection means the aggregation and transportation of solid waste from the place at which it is generated and includes all activities up to the time when it is delivered to a designated disposal facility. Collection service is the process of collection and transportation of garbage, yard waste, recyclables, bulky waste and/or source-separated organic materials by a licensed hauler. Commercial property means properties in the city that are classified generally as commercial or business in the City zoning code which generates garbage and recyclables and are typically serviced by a dumpster form of garbage container. Composting has the meaning set forth in Minnesota Statutes, section 115A.03, and means the controlled microbial degradation of organic waste to yield a humus-like product. Contractor’s garbage bill is the Contractor’s bill for services, from either the city- contracted garbage hauler or a commercial hauler, which is directly submitted to customers. Construction debris means building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition of buildings, roads or other facilities. Day-certain collection is a city-approved plan for weekly collection services by an established day-certain schedule which requires garbage, yard waste, recyclables, and source-separated compostable materials collections on the same day of the week, and which is based on a five (5) day work week (Monday through Friday). Designated recyclables shall mean those materials designated as recyclables in the city recycling program in the City of Maplewood Solid Waste Management Standards Dumpster has the commonly used meaning in the solid waste industry of a commercial garbage container made of metal or durable plastic with a lid that can be serviced by a front-end loading automated or rear-loading semi-automated garbage truck. Electronic waste (electronic items) has the meaning set forth in Minnesota Statutes, section 115A.1310, subdivision 7 as “covered electronic device” and includes items such as television and computer monitors, computers, computer peripheral devices, fax machines, DVD players, video cassette recorders, other video display devices, cell phones and other small appliances with an electric cord. Every other week collection garbage service means garbage collection on the same day of the week as day-certain service but on specified every other week dates. Residents must apply to the city to receive approval for this every other week service. Food scraps means residential food waste and includes meal preparation and left over food from households intentionally separated at the source by residents for the purpose of backyard composting or separate collection for centralized recovery. November 23 2020 28 City Council Meeting Minutes Garbage has the meaning set forth in Minnesota Statues, section 115A.03, subdivision 21, mixed municipal solid waste, and means solid waste from residential, commercial, industrial, and community activities that the generator of the waste aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, mining waste, sludges, tree and agricultural waste, tires, lead acid batteries, motor and vehicle fluids and filters, and other materials collected, processed, and disposed of as separate waste streams. Household garbage means garbage from residential properties. Household hazardous waste has the meaning set forth in Minnesota Statutes, section 115A.96, subdivision 1, paragraph (b), and/or Minnesota Pollution Control Agency regulations and means waste generated from household activities that exhibits the characteristics of or that is listed as hazardous waste under agency rules, but does not include waste from commercial activities that is generated, stored, or present in a household and includes items such as paint, fluorescent light bulbs, mercury thermometers, cleaning fluids, herbicides, pesticides, fertilizers and other waste as defined in Minnesota statutes or regulations in that paragraph. Load sensitive streets are those streets identified by the Public Works Director of the City of Maplewood as being at risk of accelerated deterioration due to excessive or high axle weight loads. Manufactured home means a dwelling unit that is consistent with Sec. 44-6 of the Maplewood Zoning Code. Mixed municipal solid waste has the meaning set forth in Minnesota Statutes, section 115A.03, subdivision 21, and includes garbage, refuse and other solid waste from residential, commercial, industrial, and community activities that the generator of the garbage aggregates for collection, but does not include auto hulks, street sweepings, ash, construction debris, tree and agricultural waste and other materials collected, processed and disposed of as separate waste streams. Multiple-family or multiple-family dwelling for purposes of this ordinance means a building or a portion thereof containing five (5) or more residential dwelling units. Resident means the person(s) living in a residential dwelling unit. Residential dwelling unit is a separate dwelling place with a kitchen in buildings with up to four (4) units per structure. Residential property means a property containing between one (1) and up to four (4) units per structure. Self–haul is the city-approved method for a resident to contain and transport garbage from their own household to a licensed/permitted mixed municipal solid waste facility. Self-haul requires the specific approval of the city. Single-family or single-family dwelling means a building, including a manufactured home, containing up to four (4) residential units whose occupants and owner are required to November 23 2020 29 City Council Meeting Minutes participate in the city-contracted garbage service unless exempted by the city. Small Business and Church means a business or church that can have weekly recycling collection accommodated by the City’s contracted recycling hauler. Solid waste has the meaning set forth in Minnesota Statutes, section 116.06, subdivision 22, but is further defined for purposes of this ordinance to include garbage, recyclables, appliances, bulky waste, yard waste, and household hazardous waste. Source-separated compostable materials has the meaning set forth in Minnesota Statutes, section 115A.03, subdivision 32(a) and means materials that: (1) are separated at the source by waste generators for the purpose of preparing them for use as compost; (2) are collected separately from mixed municipal solid waste; and (3) are comprised of food waste, fish and animal waste, plant materials, diapers, sanitary products, and paper that is not recyclable. Townhouse means a residence for one family that is attached either horizontally or vertically to at least two other residences as defined in Sec. 44-6 of the Maplewood Zoning Code, each with a private outside entrance. Vectors of disease are animals including, but not limited, to insects, mice, rats, squirrels, crows, flies and other vermin that are capable of carrying, transmitting and/or infecting humans with disease. Walk-up service means special garbage or recycling service that is provided from the side of the house or garage, for which the contractor walks the cart or recycling container to and from the side of the house or garage and the collection vehicle, and which is applied for on a case by case basis. Yard waste means garden waste, leaves, lawn cuttings, weeds, prunings, shrub and small tree branches as defined by the City of Maplewood Solid Waste Standards, generated at residential or commercial properties. Sec. 30-3 – Source Separation Required All residents and commercial property shall separate all designated recyclables, and other items designated by City of Maplewood Solid Waste Management Standards, from garbage. These source separated items shall be collected for separate recycling, processing or treatment. Sec. 30-4 - City Recycling Program Generally The city has established and developed, or encouraged, recycling programs throughout the city, including residential, multiple-family and commercial programs. The city’s goal is to promote solid waste reduction and recycling through education and incentives. Sec. 30-5 - Collection and Disposal Generally (a) All garbage, recyclables, yard waste, source-separated compostable materials and other waste material accumulated in the city shall be collected and conveyed under November 23 2020 30 City Council Meeting Minutes the supervision of the city manager. The city manager or their designee shall have the authority to develop Solid Waste Management Standards concerning days of collection, type and location of waste containers and other matters as they deem necessary to provide for the safe, orderly and cost-efficient preparation, storage, collection and disposal of all waste materials covered in this ordinance. These standards shall not be contrary to this ordinance. (b) Except on days of collection when garbage may be put on the curb for collection in residential areas, every person as a householder, occupant or owner of any dwelling, boardinghouse, apartment building or any other structure utilized for dwelling purposes and any restaurant, firm, corporation or establishment that accumulates garbage in the city shall provide and use one or more fly tight, watertight, rodent proof garbage containers that is removed from the public right of way until lawful collection and disposal is made. Sec. 30-6 - Collection Requirements Generally It shall be the duty of every garbage hauler, contractor, subcontractor, and person, including their agents and employees, who has contracted or undertaken to remove any garbage, or any other waste material or who is engaged in the removal, loading or unloading of any such substance in the city to do such with dispatch, in a clean manner and with as little danger and prejudice to life and health as possible. Sec. 30-7 - Hours of Collection The collection of garbage and recyclables for all properties shall occur between the hours of 6 a.m. to 6 p.m. Collection outside these hours shall be grounds for suspension or revocation of a hauler’s license to operate in the city. Sec. 30-8 - Unauthorized Collections Any person who permits garbage to be picked up from their premises in the city by an unauthorized or unlicensed collector under this ordinance shall be guilty of a violation of this ordinance. Sec. 30-9 - Disposal Required (a) Every person shall legally dispose of garbage that accumulates upon their property in the city at least once a week or more often as directed by the city manager unless given special permission as per Secs. 30-20 (d) and (e). Every firm, corporation, occupant or owner of any dwelling, boardinghouse, apartment building, manufactured home, or any other structure in the city, including churches and halls, shall have garbage collected by haulers licensed by the city and shall comply with this ordinance and with the dates of collection and requirements therefore as established by the city manager. (b) All garbage shall be disposed of in compliance with state law and county policies regarding required processing of waste. Sec. 30-10 - Unlawful Disposal; Location of Containers for Collection; Disposal of Flammable or Explosive Materials November 23 2020 31 City Council Meeting Minutes (a) No person, business or commercial property in the city shall place any garbage or any other waste material in a street, alley or other public place or upon any private property, whether owned by such person or not, except as provided by this ordinance. (b) No person shall throw or place any garbage in any stream, wetland or other body of water in the city. (c) No person in the city shall store, sweep or deposit any garbage, or any other waste in such a manner that it may be carried by elements off their property. (d) No person shall bury or burn any garbage, or any other waste in the city. (e) Highly flammable or explosive materials shall not be placed in city-provided garbage carts for regular collection, but shall be disposed of in accordance with state law and Minnesota Pollution Control Agency regulations. Sec. 30-11 - Manner of Transporting Materials All persons engaged in the business of hauling recyclables or garbage and/or yard waste in the city shall transport the materials in enclosed vehicles, carts, dumpsters, bins, or other secure containers so as to prevent any loss of these materials and to prevent litter. Care shall be taken to ensure no blowing or escape of garbage, litter, yard waste or liquids from truck operations occurs during the collection and transportation of garbage, designated recyclables, bulky waste, yard wastes or source-separated compostable materials. Sec. 30-12 - Obstruction, Delay or Interference with Contractor (a) No person shall obstruct, delay or interfere with any contractor or person engaged in the city in removing any offal, garbage, dirt, dead animals, sewage or other like substances or with the proper performance of their contract. (b) Scavenging of any waste or material is prohibited. Sec. 30-13 - Penalty for Violation of Ordinance Any person violating any of the sections of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished in accordance with Sec. 1-15. The city may also handle violations of this ordinance through the administrative offenses procedures in Sec. 1-17. Secs. 30-14 – Exceptions for Storm Clean-Up or Other Emergency Circumstances The City Manager shall have the authority to grant temporary exceptions to the requirements in this ordinance and in the standards for purposes of efficient solid waste management during storm clean-up events or other emergency circumstances. Any such exceptions shall be immediately executed in writing and shall have specific sunset dates specified. November 23 2020 32 City Council Meeting Minutes Article II – Recycling Requirements (Residential, Multiple-Family, Commercial) Sec. 30-15 – Residential Recyclables (a) Designated recyclables from residential dwellings that are placed on the curb or alley for collection must be in curbside recycling carts, boxes or paper bags as prescribed by the City of Maplewood Solid Waste Management Standards such that blowing of recyclables does not occur, and recyclables remain as dry and clean as practicable. (b) When designated recyclables are placed at the curb or alley line they are the sole property of the city, and shall be removed only by the city-contracted recyclables collector. (c) Only the city-contracted recyclables collector or their city-approved sub-contractor may collect and process recyclables set out for recyclables collection at the curb or alley line. (d) Occupants of residential properties shall store all recycling in contractor-provided recycling carts between collections. On the designated day of collection in their area they may place the contractor-provided recycling cart on the curb or alley line for collection by the city-contracted recycling hauler. (e) Instead of the requirement to place the contractor-provided recycling cart at the curb or alley line, residents with physical challenges may apply to the city for walk-up service as provided by the City of Maplewood Solid Waste Management Standards. (f) Every person occupying a residential property shall utilize contractor-provided recycling carts for recycling of designated recyclables. The carts are the property of the contractor, and shall be used solely for recycling of designated recyclables. Only city-provided recycling carts, or approved boxes or paper bags for overflow recyclables, in addition to the cart shall be used for the recycling of designated recyclables. (g) Except on specified collection days as provided in Sec. 30-15 (h), all contractor- provided recycling carts shall be located behind the front line of the dwelling, in the garage or screened from view from the street, and at least ten (10) feet from any abutting dwelling or sufficiently distant so as not to be a nuisance to those properties, unless other provisions are allowed by the city due to special site conditions. (h) Contractor-provided recycling carts and any additional boxed or bagged overflow recycling may be placed on the alley line or curb line for collection no earlier than 5:00 p.m. on the day before collection. City-provided recycling carts must be removed from the curb line no later than 6:00 a.m. on the day after collection. (i) The recycling fee shall be invoiced to every residential dwelling with water and sanitary sewer bills. The fee shall be due and payable the same terms as water and sanitary sewer bills. Sec. 30-16 – Residential Yard Waste November 23 2020 33 City Council Meeting Minutes (a) Yard waste to be collected by the city’s contract garbage hauler shall: (1) Be placed on the curb or alley line for collection in carts or state approved compostable or paper bags subject to special arrangements with the city- contracted garbage hauler. (2) Fees for hauling yard waste by the city’s contract garbage hauler shall be paid directly to the garbage hauler by the owner, agent, occupant or tenant of the premises at which the yard waste is collected, and such fees shall be paid in full. (b) Home lawn and garden waste may be composted in small quantities on a residential lot as long as the compost pile does not create a nuisance for neighbors due to objectionable odor, vectors of disease, attraction of unwanted wildlife, or unsightliness. Compost piles must be placed at least five (5) feet from rear- and side-yard property lines and shall not be placed in a front yard. Residents must follow composting operation guidelines referenced by the City of Maplewood Solid Waste Management Standards. (c) Yard waste not collected by the city-contracted garbage hauler, or not composted by the resident or larger shrubs, tree limbs, stumps and roots must be transported to a properly permitted and licensed yard waste transfer, composting, or processing facility. The City of Maplewood Solid Waste Management Standards may allow for exceptions if a tree service provides for on-site chipping to produce a suitable mulch product. Sec 30-17 - Residential Source-Separated Food Scraps (a) Food scraps may be composted in small quantities on a residential lot as long as the compost pile does not create a nuisance for neighbors due to objectionable odor, vectors of disease, attraction of unwanted wildlife, or unsightliness. Compost piles must be placed at least five (5) feet from rear- and side-yard property lines and shall not be placed in a front yard. Residents must follow composting operation guidelines referenced by City of Maplewood Solid Waste Management Standards. (b) Food scraps not composted by the resident can be transported to a properly permitted and licensed transfer, composting, or processing facility. (c) The City of Maplewood Solid Waste Management Standards may allow for food scraps to be collected by the city’s contract garbage hauler. Sec. 30-18 - Multiple-Family Recycling (a) Only the city-contracted recyclables collector or their city-approved sub-contractor may collect and process recyclables set out for collection at the curb, alley, or designated multiple-family collection area as part of the city’s recycling program. (b) When recyclables are placed at the curb, alley, or designated multiple-family collection area as part of the city’s recycling program, they are the sole property of the city, and shall be removed only by the city-contracted recyclables collector or their city-approved sub-contractor. November 23 2020 34 City Council Meeting Minutes (c) Designated recyclables that are placed at the curb, alley, or designated multiple- family collection area for collection must be in recycling carts or recycling dumpsters as prescribed by the City of Maplewood Solid Waste Management Standards. This will ensure that blowing away of recyclables does not occur, and recyclables remain as dry and clean as practicable. (d) When recycling carts or recycling dumpsters are not out for collection they must be stored per the city’s dumpster screening ordinance. (e) The city’s recycling fee shall be invoiced to every multiple-family dwelling on a per unit, per monthly fee basis with their water and sanitary sewer bills. The fee shall be due and payable the same terms as water and sanitary sewer bills. (f) All multiple-family dwellings are included in the city’s recycling program except for multiple-family dwellings who have opted out of the city’s recycling program as of the date of this ordinance (November 23, 2020). Those multiple-family dwellings can remain opted out of the city’s recycling program under the following conditions: (1) Sale of Property. Upon the sale of the multiple-family dwellings. New property owners will be included in the city’s recycling program. (2) Recycling Fee. The city’s recycling fee shall not be invoiced to multiple-family dwellings that have opted out of the city’s recycling program as of the date of this ordinance (November 23, 2020). (3) Collection Service Required. The owner of a multiple-family dwelling shall make available to the occupants of all dwelling units on the premise services for the collection of designated recyclables. (4) Recycling Information Required. The owner of a multiple-family dwelling shall provide recycling information to the occupants of each dwelling unit on the property consistent with the City of Maplewood Solid Waste Management Standards. (5) Responsibility for Providing and Maintaining Recycling Containers. The owner shall assure adequate recycling containers are provided and maintained by the independent contractor. (6) Transportation and Disposal. Upon collection by the owner’s independent hauler, that person 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. (7) Annual Report. The owner or manager of a multiple-family dwelling shall file an annual report with the city by January 31 of each year on a form detailed in the City of Maplewood Solid Waste Management Standards. (8) Opting Into the City’s Recycling Program. Any multiple-family dwelling that had November 23 2020 35 City Council Meeting Minutes opted out of the city’s recycling program as of the date of this ordinance (November 23, 2000) can opt back into the city’s recycling program at any time under the same regulations as outlined in Sec. 30-18 (a) through (e). Once a multiple-family dwelling has opted back into the city’s recycling program, they may not opt out again. Sec 30-19 – Commercial and Institutional Building Recycling (a) Commercial buildings shall ensure that facilities under its control from which mixed municipal solid waste is collected also collect recyclable materials in accordance with state laws and rules and county policies regarding licensed disposal and processing. (b) A small business or church can opt into the City’s residential recycling program per the City of Maplewood Solid Waste Management Standards. Article III - Solid Waste Requirements (Residential, Multiple-Family, and Commercial) Sec. 30-20 – Residential Garbage by City-Contracted Hauler (a) Occupants of residential properties shall store all garbage in city-provided garbage carts between collections. On the designated day of collection in their area they may place the city-provided garbage cart on the curb or alley line for collection by the city- contracted garbage hauler. (b) Only the city-contracted garbage collector or their city-approved sub-contractor may collect and process garbage set out for collection at the curb or alley line. (c) Instead of the requirement to place the city-provided garbage cart at the curb or alley line, residents with physical challenges may apply to the city for walk-up service as provided by the City of Maplewood Solid Waste Management Standards. (d) Every person occupying a residential property shall utilize city-provided garbage carts for the disposal of garbage. The carts are the property of the city, and shall be used solely for disposal of garbage. Only city-provided garbage carts, or approved plastic garbage bags for overflow garbage, in addition to the cart shall be used for the disposal of garbage. (e) Persons who wish to self-haul their own garbage may apply to the city to do so. Permission may be granted to self-haul if proof is submitted of an environmentally responsible means of disposal that complies with state laws and regulations and county policies and in conformance with the City of Maplewood Solid Waste Management Standards. Residents that are approved by the city for self-haul must remove their garbage at least once per week. Self-haul can only be accomplished with the specific approval of the city using an application form provided in the City of Maplewood Solid Waste Management Standards. (f) Persons may apply to the city for less than weekly service on a form provided by City of Maplewood Solid Waste Management Standards. Permission may be granted for less than once per week garbage removal provided that sufficient removal is accomplished to prevent nuisance or unhealthful accumulations of garbage. Such permission will be withdrawn and weekly garbage removal required, if nuisance or November 23 2020 36 City Council Meeting Minutes unhealthful conditions exist. (g) Except on specified collection days as provided in Sec. 30-20 (h), all city-provided garbage carts shall be located behind the front line of the dwelling, in the garage or screened from view from the street, and at least ten (10) feet from any abutting dwelling or sufficiently distant so as not to be a nuisance to those properties, unless other provisions are allowed by the city due to special site conditions. (h) City–provided garbage carts and any additional bagged overflow garbage may be placed on the alley line or curb line for collection no earlier than 5:00 p.m. on the day before collection. City-provided garbage carts must be removed from the curb line no later than 6:00 a.m. on the day after collection. (i) Fees for hauling garbage under this ordinance shall be paid directly to the garbage hauler by the owner, agent, occupant or tenant of the premises at which the garbage is collected, and such fees shall be paid in full. Sec. 30-21 – Residential Bulky Waste (a) Residents shall dispose of appliances or any other bulky waste such as furniture, mattresses or large household or garage waste as specified by the City of Maplewood Solid Waste Management Standards. (b) Upon resident request, the city-contracted garbage hauler must collect and properly dispose of appliances or other bulky waste in accordance with Sec. 30-28 (e). (c) Fees for hauling bulky waste collected by the city-contracted garbage hauler shall be paid directly to the garbage hauler by the owner, agent, occupant or tenant of the premises at which the garbage is collected, and such fees shall be paid in full. Sec. 30-22 – Residential Delinquent Accounts (a) The city contracted garbage hauler is responsible for collection of all fees associated with the collection and processing of garbage from residential properties. The city- contracted hauler shall make good-faith efforts to collect all amounts due, including use of a collection agency. All such efforts shall be documented. (b) The St. Paul Regional Water Authority and adjacent cities, as applicable, are responsible for the collection of all fees associated with the City of Maplewood recycling program. The St. Paul Regional Water Authority or the appropriate cities shall make good-faith efforts to collect all amounts due, including use of a collection agency. (c) Delinquent accounts shall be defined as those residents who have not paid and are over three (3) months past due. (d) If the amount continues to be delinquent past six (6) months the garbage hauler shall submit a written request to the City of Maplewood with adequate documentation of the efforts made to collect the past due amounts. If the city determines that a good faith effort was made and that adequate documentation was submitted, the city shall place the amount on the property taxes associated with the property for which the November 23 2020 37 City Council Meeting Minutes amount is due. The city shall follow all practices required by the state and city ordinance to assess the delinquent amount to the property. Sec. 30-23 - Multiple-Family Garbage Hauling (a) The owner, operator or manager of any multiple-family dwelling with more than four (4) units shall have garbage carts or dumpsters service from one commercial hauler licensed to do business in the city. The garbage carts or dumpsters shall be covered, and of a city-approved sanitary type with the proper attachments for lifting onto garbage trucks. (b) Garbage shall be removed at least once weekly, and more often if garbage carts or dumpsters become full. Garbage shall be transported and disposed of in accordance with state laws and rules and county policies regarding licensed disposal and processing. (c) Multiple-family dwelling townhomes and manufactured homes properties that can have garbage collected curbside in carts can opt into the City’s residential garbage program per the City of Maplewood Solid Waste Management Standards. Section 30-24 – Multiple-Family Bulky Waste The owner, operator or manager of any building containing more than four (4) dwelling units shall provide on-site disposal of large or bulky waste for all occupants. Disposal of these items shall be in compliance with all state laws and regulations and county policies. Sec. 30-25 – Commercial Garbage (a) The owner, operator or manager of any firm or corporation shall have a dumpster or equivalent service from a commercial hauler licensed to do business in the city. The dumpsters shall be of a minimum capacity of one cubic yard, covered, and of a city- approved sanitary type with the proper attachments for lifting onto garbage trucks. (b) Garbage shall be removed at least once weekly, and more often if garbage carts or dumpsters become full. Garbage shall be transported and disposed of in accordance with state laws and rules and county policies regarding licensed disposal and processing. Article V - Collection Licenses (Residential, Multiple-Family, and Commercial) Sec. 30-26 - Collection Licenses Required It shall be unlawful for any person to collect any garbage, designated recyclables, or other solid waste in the city from any residential, multiple-family, or commercial property without having first secured a license from the city to do so. Sec. 30-27 - Application; Fee; Duration (a) Any person desiring a license to collect garbage, yard waste, recyclables, or other solid waste in the city shall apply for a license to the city clerk by first submitting an November 23 2020 38 City Council Meeting Minutes application with the name and address of the applicant. (b) The application described in subsection (a) of this section shall be submitted to the city manager. Upon finding that the applicant is responsible, has proper equipment for such collection and that no nuisance is liable to be created by the granting of the license, the city manager shall endorse and approve the application. (c) Before any license may be issued, the applicant shall pay to the city clerk a license fee imposed, set, established and fixed by the city council, by resolution, from time to time, which fee shall accompany the application. (d) No license issued under this article shall be for a longer period than one year, and all licenses shall expire on December 31 of each year. Sec. 30-28 – Licensee Operating Requirements The applicant shall: (a) Use tandem axles or flotation tires to reduce the per-axle weight of all trucks used for collection of solid waste. (b) Provide maps of service routes configured so that customers on load-sensitive streets will be among the first served on such routes to minimize damage to load- sensitive streets and alleys. (c) Provide collection carts or dumpsters to customers upon their request. (d) Provide collection of yard waste to customers upon their request. (e) Provide special or extraordinary collection services, such as bulky waste removal. (f) Provide special service collection arrangements for customers to accommodate their physical health concerns. (g) Properly contain all garbage or recyclables such that no blowing or escape from trucks of solid or liquid waste or recyclables occurs. (h) Provide information to all customers that may be required of the city by county, metropolitan, state, or federal governments. Sec. 30-29 – Insurance The applicant for the license required under this article shall provide a certificate of insurance in the amounts specified in this section for collecting garbage. Such insurance policy shall be subject to the approval of the city manager. The applicant must also provide a comprehensive general policy of liability insurance with minimum coverages as stated. At a minimum, the insurance shall conform to the following requirements: (a) General liability in the following amounts: November 23 2020 39 City Council Meeting Minutes (1) Bodily injury, per occurrence, or combined single limit, $1,500,000.00. (2) Property damage, $500,000.00. (b) Auto liability in the following amounts: (1) Property damage or combined single limit, $500,000.00. (2) Bodily injury in the following amounts: a) Per person, $1,000,000.00. b) Per occurrence, $1,000,000.00. (c) Workers Compensation Insurance as specified by the Minnesota Department of Occupational Health and Safety and federal law. Sec. 30-30 - Vehicle Requirements Each garbage collector licensed under this article shall provide a covered or enclosed truck, tank or trailer so constructed that the contents will not leak or spill from it, in which all garbage collected shall be conveyed to an approved disposal facility. The truck or conveyance used shall be kept clean and as free from offensive odors as possible and shall not be allowed to stand in any street, alley or public place longer than is reasonably necessary to collect garbage. Any litter or truck fluid leaks shall be immediately cleaned up. Significant release of any truck fluid leaks shall be immediately noticed to the appropriate authorities. Each truck used under a city license shall remain in compliance with all federal and Minnesota Department of Transportation rules and regulations. Sec. 30-31 - Pickup Schedules (Residential) Each residential licensee under this article shall consent to and follow a schedule of pickups, setting the day and area of pickups, as established by City of Maplewood Solid Waste Management Standards, to limit area pickups for residential collection of garbage or recycling carts to the same day per week each week. Sec. 30-32 - Duty of Licensees to Report Accumulations of Garbage Each licensee under this article shall report any accumulations of garbage that violates this ordinance or other city ordinances to the city as per City of Maplewood Solid Waste Management Standards. Sec. 30-33 – Prohibited Mailings (Residential and Multiple Family) No notices shall be sent from licensees or other persons to dwellings within the City of Maplewood or dwelling unit owners that are subject to or participating in the City recycling or garbage program. These prohibited mailings shall include those for advertising rates or services not available under the city’s contract for recycling or garbage collection services or any other services covered under the city contract for garbage service. No notices shall be sent to any residential dwelling in the City of Maplewood by licensees without prior written approval by the City of Maplewood. November 23 2020 40 City Council Meeting Minutes Sec. 30-34 - Suspension or Revocation (a) Failure by a licensee under this article to comply with this ordinance shall be grounds for revocation of the license by the city council after a hearing for the purpose. (b) If the city finds a violation of this ordinance by a licensee under this article and the city orders correction of the violation which the licensee fails to make, the city may suspend the licensee’s right to operate under the terms of the license and order his appearance at the next regular meeting of the city council for a hearing on whether the suspension should continue in effect. (c) Continued willful or egregious violations of this ordinance by any licensed or unlicensed hauler of solid waste shall result in fines and/or liquidated damages as deemed reasonable by the city council. Sec. 30-35 - Volume-Based Rates (Residential) (a) The city’s contract hauler for residential garbage shall provide to its residential customers a system of volume-based rates. A volume-based rate includes a solid waste collection charge and a disposal charge based on the volume of the solid waste generated by the customer. (b) The city shall determine the increments upon which the volume-based rate will depend and the difference between the rates for each increment. Article VI – Disposal Sites (Generally) Sec. 30-36 - Unlawful Deposit of Garbage and Other Substances (a) No manure or pet feces, garbage, or other waste which may be detrimental to health, shall be deposited at any place within the city limits. (b) No unauthorized landfill (or dump) for garbage materials and other solid waste shall be operated within the city by any person. Section II. This ordinance shall be effective following its adoption and publication. Seconded by Councilmember Knutson Ayes – All, via roll call The motion passed. Councilmember Juenemann moved to approve the resolution authorizing publication by title and summary (4 votes). Resolution 20-11-1892 Resolution Authorizing Publication of Ord. No. 1017 By Title and Summary WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No. 1017, an ordinance repealing the Solid Waste ordinance and creating a new Solid Waste ordinance; and November 23 2020 41 City Council Meeting Minutes WHEREAS, Minnesota Statutes, §412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is several pages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No. 1017 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The Maplewood City Council has adopted Ordinance No. 1017, repealing the Solid Waste ordinance and creating a new Solid Waste Management ordinance as summarized below: 1. Goal: The goal of the Solid Waste Management ordinance is to improve solid waste management and to serve the following purposes: a. Achieve a reduction in waste generated. b. Encourage the separation and recovery of materials and energy from waste. c. Ensure the protection of public health and safety and promote city cleanliness and livability. d. Promote best management practices in solid waste management to protect air quality, water quality, and natural resources. e. Be consistent with the requirements of the State statutes, State rules and Ramsey County ordinances, and with State and Ramsey County solid waste plans. f. Provide high quality solid waste and recycling services in the most cost-effective manner possible. g. Coordinate solid waste management among political subdivisions. 2. Amendments: Substantial amendments from the previous Solid Waste Management ordinance and the new Solid Waste Management ordinance are as follows: a. Multiple-family dwellings: 1) All multiple-family dwellings are included in the City’s recycling program, unless they had opted out as of the date of the new ordinance. Those dwellings can remain opted out of the City’s recycling program until such time as the multiple-family dwelling is sold. November 23 2020 42 City Council Meeting Minutes 2) Allowing for the collection of recycling from multiple-family dwellings from dumpsters in addition to carts as outlined in the City’s recycling contract. b. Hours of collection – 6 a.m. to 6 p.m. for all trash and recycling collection. c. Payment of fees – outlines billing for residential recycling on water bills. d. Small business and church recycling – allowing small businesses and churches to opt into the City’s recycling program and allowing the collection of recycling in dumpsters and carts from those dwellings as outlined in the City’s recycling contract. e. Commercial building recycling – collection of recyclables from commercial buildings in accordance with State law and County policy. f. Organics – food scrap recycling. g. Delinquent accounts – delinquent accounts are defined as an account that is three months past due as outlined in the City’s trash contract. The city-contracted trash hauler can impose administrative service fees on bills that are delinquent per the contract. The city-contractor can request that the City assess delinquent accounts that are six months or more past due. h. Licensing – amending the auto liability coverage amounts from $5 million to $1 million. BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the City Clerk keep a copy of the ordinance in her office at city hall for public inspection. Seconded by Councilmember Knutson Ayes – All, via roll call The motion passed. Mayor Abrams recused herself from the next agenda item and passed the gavel to Acting Mayor Knutson due to a business relationship. 2. Conditional Use Permit and Home Occupation License Resolution, Home- Based Lawn Care Business with Storage of Commercial Vehicles, 821 Bartelmy Lane North Community Development Director Thomson gave the staff report. Councilmember Juenemann moved to approve the resolution denying the request for a conditional use permit and a home occupation license for a home-based lawn care business with the storage of commercial vehicles at 821 Bartelmy Lane North. Resolution 20-11-1893 Resolution Denying a Conditional Use Permit and Home Occupation License November 23 2020 43 City Council Meeting Minutes BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Jeremy Hirdler is proposing a home-based lawn care business with the storage of commercial vehicles. 1.02 The property is located at 821 Bartelmy Lane North and is legally described as: Lot 14, Block 2, Minnehaha Highlands, Ramsey County, Minnesota. Property Identification Number 25-29-22-34-0065 Section 2. Standards. 2.01 Section 44-6 defines a heavy commercial vehicle as one with more than one-ton nominal rated carrying capacity including trucks, trailers, and earth moving equipment such as a bobcat. 2.02 Section 44-108(2)(a) and 44-102(1) allows the storage or parking of heavy commercial vehicles on a residential property with a conditional use permit as long as it meets the following standards: 1. The owner or operator of the vehicle or commercial equipment must reside on the property. 2. The vehicle or commercial equipment shall be parked in an enclosed structure or on a hard-surface driveway that meets the applicable zoning district requirements. 3. Noise from idling the engine shall not exceed the L50 standards provided for in state statutes. The owner or operator shall not let the vehicle's engine idle for more than 30 minutes in any one-hour period. In no circumstance may the owner or operator run or let the engine idle for more than two periods, lasting 30 minutes each, in one 24-hour period. 2.03 Section 14-56 outlines the licensing requirements for home occupations on residential property. Section 3. Findings. 3.01 The proposal does not meet the specific conditional use permit and home occupation license standards and exceeds what code has outlined for home-based businesses. Section 4. City Review Process November 23 2020 44 City Council Meeting Minutes 3.01 The City conducted the following review when considering this conditional use permit and home occupation license request. 1. On October 20, 2020, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press 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 recommended that the City Council deny this resolution. 2. On November 23, 2020, the City Council discussed this resolution. They considered reports and recommendations from the Planning Commission and city staff. Section 4. City Council Action. 4.01 The City Council hereby denies the resolution. Denial is based on the findings outlined in Section 2 of this resolution. Seconded by Councilmember Neblett Ayes – 4, via roll call Abstain – Mayor Abrams, due to a business relationship The motion passed. Acting Mayor Knutson passed the gavel back to Mayor Abrams to resume the meeting. 3. Cobblestone Court Apartments, 2585 and 2605 Conway Ave E Community Development Director Thomson gave the staff report. Bill Mague, Director of Acquisitions & Special Projects with Aeon provided additional information. Councilmember Juenemann moved to approve the Loan Agreement with Aeon Maplewood I Preservation JV. Seconded by Councilmember Smith Ayes – All, via roll call The motion passed. Councilmember Juenemann moved to approve the Subordination Agreement. Seconded by Councilmember Neblett Ayes – All, via roll call The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT November 23 2020 45 City Council Meeting Minutes Each councilmember shared thoughts on current events. Mayor Abrams adjourned the meeting at 8:34 p.m. Andrea Sindt, City Clerk November 23 2020 46 City Council Meeting Minutes