Loading...
HomeMy WebLinkAbout2010 05-10 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE Acknowledgementof Maplewood Residents Serving the Country. C.ROLL CALL “Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Before addressing the council, sign in with the City Clerk. At the podium pleasestate your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will thendirect staff, as appropriate, to answer questions or respond to comments.” D.APPROVAL OF AGENDA E.APPROVAL OFMINUTES F.APPOINTMENTS AND PRESENTATIONS CONSENT AGENDA – G.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. H.PUBLIC HEARINGS I.UNFINISHED BUSINESS J.NEW BUSINESS K.VISITOR PRESENTATIONS L.AWARD OF BIDS M.ADMINISTRATIVE PRESENTATIONS N.COUNCIL PRESENTATIONS O.ADJOURNMENT RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings – elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:15 p.m., Monday,April 26, 2010 Council Chambers, City Hall A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:15p.m.by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present James Llanas, Councilmember Presentat 5:27 p.m. John Nephew, Councilmember Present Julie Wasiluk, Councilmember Present C.APPROVAL OF AGENDA Councilmember Wasilukmoved to approve the agenda as submitted. Seconded by CouncilmemberNephew. Ayes – All The motion passed. D.UNFINISHED BUSINESS 1.Sustainability Update a.Community Development and Parks Director, DuWayne Konewko introduced the item. b.Environmental Planner, Shann Finwall gave the report and answered questions of the council.Ms. Finwall discussed the Environmental and Natural Resources Commission, the Green Team and Sustainable City Operations Work Groups. 2.Review and Discuss Turf Management Plan a.Natural Resources Coordinator, Ginny Gaynor gave a report on the Turf Management Plan and answered questions of the council. b.Recreation Supervisor, Jim Taylor gave a report on the Level of Maintenance Based on Turf Classification and answered questions of the council. 3.Recycling Contract Request for Proposal a.Community Development and Parks Director, DuWayne Konewko introduced the itemand answered questions of the council. b.Mary Chamberlainwith R. W. Beck gave anoverview of the RFP requestto the council and answered questions. c. Jean Buckley with Ramsey County addressed the council. d.Recycling Coordinator, Bill Preiffer addressed the council regarding the spring clean up day April 24, 2010 at Aldrich Arena. April 26, 2010 1 City Council Manager Workshop Minutes PacketPageNumber3of266 E.NEW BUSINESS None. F. ADJOURNMENT Mayor Rossbachadjourned the meeting at 6:50 p.m. April 26, 2010 2 City Council Manager Workshop Minutes PacketPageNumber4of266 Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1.Approval of April 12, 2010, City Council Workshop Minutes PacketPageNumber5of266 2.Approval of April 12, 2010, City Council Meeting Minutes Mayor Rossbach moved to approve the resolution authorizing private placement of $4,115,000 general obligation refunding bonds, series 2010B, within 180 days of the date of this resolution, provided that the net present value savings as a percentage of the present value of the refunded debt service is at least 3.5%. F. APPOINTMENTS AND PRESENTATIONS 1.Resolution of Appreciation – Finance Director RobertMittet RESOLUTION10-04-387 CITY OF MAPLEWOODMINNESOTA RESOLUTION OF APPRECIATION FOR FINANCE DIRECTOR ROBERT MITTET WHEREAS WHEREAS NOW, THEREFORE, IT IS HEREBY RESOLVED PacketPageNumber6of266 G. CONSENT AGENDA table table 1. Approval of Claims PacketPageNumber7of266 GRAND TOTAL 2.Approval of Request for Proposal (RFP) for Printing Services amended 3.Approval to Purchase Exercise Equipment for the Community Center 4.Carsgrove Meadows Area Street Improvements, Project 08-10, Approve Entering Into Contract for Landscaping Services for Forest Street Filtration Basin Entry table table 5.Adoption of the Business and Economic Development Commission Rules of Procedure PacketPageNumber8of266 6.Conditional Use Permit Review – Ramsey County Correctional Facility, 297 Century Avenue South 7.Council Consider Adoption of Proclamation for Building Safety Month – May 2010 BUILDING SAFETY MONTH 2010 MAY PacketPageNumber9of266 thth 8.Proclamation Observing the 40Anniversary of the Maplewood Care Center and the 15 Year of the Homestead at Maplewood Proclamation Observing the 40Anniversary of the Maplewood Care Center th and the 15Year of the Homestead at Maplewood th WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, NOW THEREFORE, PacketPageNumber10of266 IN WITNESS WHEREOF, Signed _______________________________ Will Rossbach, Mayor H. PUBLIC HEARING I.UNFINISHED BUSINESS 1.Consideration of Penalties for Tobacco and Alcohol Compliance Failures table table PacketPageNumber11of266 (J1. Was moved ahead of I.2.) J.1.Approval of Intoxicating Liquor Licenses and Related License Fees for Golf Courses 8 I.UNFINISHED BUSINESS(Continued) 2.Consider Ordinance Revisions for Commission and Board Member Term Expiration Dates RESOLUTION 10-04-388 CHANGINGTERM EXPIRATION DATES FOR COMMISSION AND BOARD MEMBERS PacketPageNumber12of266 NOW, THEREFORE, BE IT RESOLVED, BE IT FURTHER RESOLVED PacketPageNumber13of266 Mayor Will Rossbach Karen Guilfoile City Clerk ORDINANCE NO. 901 AN ORDINANCE AMENDING THECOMMUNITY DESIGN REVIEW BOARD AND PARK & RECREATION COMMISSION ORDINANCES Sec. 2-283 is hereby amended to read as follows: City CodeSec. 26-32 is hereby amended to read as follows: PacketPageNumber14of266 3.Energy Efficiency and Conservation Block Grant Program – File Number 09-16 RESOLUTION 10-04-389 APPROVING ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT (EECBG) PROGRAM REVISION PacketPageNumber15of266 The city council took a 10-minute break. 4.Fish Creek Area –Consider Options of Purchase and Recovery of Costs PacketPageNumber16of266 J.NEW BUSINESS 1.Approval of Intoxicating Liquor Licenses and Related License Fees for Golf Courses 2.Consider Resolution Supporting LCCMR Grant for Land Acquisition in Fish Creek Natural Area Greenway RESOLUTION 10-04-390 CITY OFMAPLEWOODMINNESOTA RESOLUTION IN SUPPORT OF LCCMR GRANT PROPOSAL FOR LAND ACQUISITON IN FISH CREEK NATURAL AREA GREENWAY WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS NOW THEREFORE BE IT RESOLVED PacketPageNumber17of266 3.Consider Rezoning from M1 (light manufacturing) to R2 (double dwelling), 2095 Prosperity Avenue REZONING RESOLUTION10-04-391 WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS NOW, THEREFORE, BE IT RESOLVED PacketPageNumber18of266 K.VISITOR PRESENTATIONS L.AWARD OF BIDS 1.Consider Approval of Bid for the Construction of the Wakefield Park Shelter M.ADMINISTRATIVE PRESENTATIONS N.COUNCIL PRESENTATIONS O.ADJOURNMENT PacketPageNumber19of266 THIS PAGE IS INTENTIONALLY LEFT BLANK PacketPageNumber20of266 G-1 AGENDA NO. AGENDA REPORT TO:City Council Finance Director FROM: RE:APPROVAL OF CLAIMS May 10, 2010 DATE: Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 519,294.83Checks # 81118 thru # 81173 dated 4/19/10 thru 4/27/10 $ 322,212.68Disbursements via debits to checking account dated 04/16/10 thru 04/23/10 $ 429,744.60Checks # 81174 thru # 81241 dated 4/28/10 thru 5/04/10 $ 151,108.79Disbursements via debits to checking account dated 4/23/10 thru 4/30/10 $ 1,422,360.90Total Accounts Payable PAYROLL $ 487,549.53Payroll Checks and Direct Deposits dated 04/30/10 $ 560.00Payroll Deduction check # 1008939 thru # 1008939 dated 04/30/10 $ 488,109.53Total Payroll $ 1,910,470.43GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments PacketPageNumber21of266 P:\APPROVAL OF CLAIMS\2010\AprClms 4-23-10 and 4-30-10.xlt Check Register City of Maplewood 04/23/2010 CheckDateVendorDescriptionAmount 8111804/19/201002464US BANKFUNDS FOR ATMS12,000.00 8111904/19/201004459AUDIO VIDEO PLANNERS, INC.TRAINING ROOM UPGRADES1,928.25 8112004/19/201004459AUDIO VIDEO PLANNERS, INC.TRAINING ROOM UPDATES DOWN PMT5,455.94 8112104/19/201004458ORCHID GARDENSOAK TREES60.19 8112204/22/201004244NELSON AUTO CENTER2011 FORD F-550 DRW 4WD REG CAB 60" C38,455.11 8112304/27/201000463EMERGENCY APPARATUS MAINTTRUCK REPAIR4,238.36 8112404/27/201004206H.A. KANTRUDPROSECUTION & LEGAL SRVS - MAY16,100.00 8112504/27/201000687HUGO'S TREE CARE INCREMOVAL -TREE/STUMP-1940 JACKSON641.25 04/27/201000687HUGO'S TREE CARE INCREMOVAL-TREES AT APPLEWOOD PRESE299.25 8112604/27/201002728KIMLEY-HORN & ASSOCIATES INCPROJ 09-04 PROF SRVS THRU 3/3116,123.94 04/27/201002728KIMLEY-HORN & ASSOCIATES INCPROJ 04-21 PROF SRVS THRU 3/3111,135.30 8112704/27/201001337RAMSEY COUNTY-PROP REC & REV911 DISPATCH SRVS - MARCH20,868.34 8112804/27/201001190XCEL ENERGYELECTRIC & GAS UTILITY14,674.20 04/27/201001190XCEL ENERGYELECTRIC & GAS UTILITY5,341.36 04/27/201001190XCEL ENERGYELECTRIC & GAS UTILITY2,193.36 04/27/201001190XCEL ENERGYELECTRIC & GAS UTILITY371.31 04/27/201001190XCEL ENERGYFIRE SIRENS49.28 8112904/27/201001798YOCUM OIL CO.CONTRACT GASOLINE - APRIL14,170.31 8113004/27/2010005041ST LINE/LEEWES VENTURES LLCMDSE FOR RESALE264.75 8113104/27/201003738CHARLES E. BETHELRETAINER FOR LEGAL SRVS - MAY6,375.00 8113204/27/201004466BLUEPRINT HOMESESCROW RELEASE 1381 KOHLMAN AVE3,087.81 8113304/27/201002120CAPRA'S UTILITIES INCESCROW RELEASE 882 CONNOR CT E718.22 8113404/27/201004452COMMERCIAL UTILITIES, INC.ESCROW RELEASE 760 MEYER ST507.04 8113504/27/201000003ESCROW REFUNDESCROW REL R HAJLO 2694 STILLWATER500.00 8113604/27/201000487FRATTALONE COMPANIES INC.ESCROW RELEASE 2920 WHITE BEAR AVE500.00 8113704/27/201003516ANTHONY GABRIELSECURITY OFFICER FOR APRIL 17TH MCC140.00 8113804/27/201004463TWIN CITIES HABITAT FOR HUMANITYESCROW RELEASE 1490 FROST AVE2,579.93 8113904/27/201004461HAGSTROM BUILDER INC.ESCROW RELEASE 2400 KELLER PKWY506.79 8114004/27/201003783HD SUPPLY WATERWORKS, LTDDRAIN BASIN - GOODRICH PARK746.05 8114104/27/201000644HEALTHPARTNERSMONTHLY PREMIUM - MAY10,317.78 8114204/27/201004306INSTANT WHIP-MINNEAPOLIS, INC.MDSE FOR RESALE168.28 04/27/201004306INSTANT WHIP-MINNEAPOLIS, INC.MDSE FOR RESALE58.48 8114304/27/201000393 DEPT OF LABOR & INDUSTRYMONTHLY SURTAX - MARCH 89081230351,240.65 8114404/27/201002883MA MORTENSON COESCROW RELEASE 297 CENTURY AVE5,126.71 8114504/27/201000932MAPLEWOOD BAKERYCAKE FOR MAYOR CEREMONY 1/4120.69 8114604/27/201002599MCGOUGH CONSTRUCTION CO INCESCROW RELEASE 2675 LARPENTEUR622.62 04/27/201002599MCGOUGH CONSTRUCTION CO INCESCROW RELEASE 1575 BEAM502.75 8114704/27/201000983METRO SALES INCLEASE PMT 4/15 - 5/151,403.27 8114804/27/201000985METROPOLITAN COUNCILWASTEWATER - MAY214,216.69 8114904/27/201004316CITY OF MINNEAPOLIS RECEIVABLESAUTO PAWN SYSTEM - MARCH787.00 8115004/27/201001089MN UC FUNDUNEMPLOYMENT - 1ST QTR2,282.18 8115104/27/201003435BRUCE MOGRENESCROW RELEASE 2 GERVAIS COTTAGES3,540.00 8115204/27/201004464NATHAN RADERESCROW RELEASE 930 CO RD C E3,161.43 8115304/27/201001175CITY OF NORTH ST PAULMONTHLY UTILITIES2,892.85 8115404/27/201001202NYSTROM PUBLISHING CO INCMAPLEWOOD MONTHLY - MARCH7,280.19 04/27/201001202NYSTROM PUBLISHING CO INCMAPLEWOOD MONTHLY - APRIL4,989.00 8115504/27/201000001ONE TIME VENDORREFUND J FOLEY TRANS MEDIC MW93939100.00 8115604/27/201000001ONE TIME VENDORREFUND D BAUER MEDICA BENEFIT60.00 8115704/27/201001295PREMIER BANKESCROW RELEASE 2866 WHITE BEAR AVE1,529.04 8115804/27/201003177R J RYAN CONSTRUCTION INCESCROW RELEASE 3040 MAPLEWOOD DR8,713.14 8115904/27/201004275JIM RAINEYREIMB FOR MEALS & MILEAGE 3/19 - 3/21210.67 8116004/27/201004465RICK'S PLUMBING INC.ESCROW RELEASE 2635 MARGARET507.26 8116104/27/201001391ROTO-ROOTER SERVICES COMPANYPROJ 09-15 TELEVISING220.84 8116104/27/201001391ROTO-ROOTER SERVICES COMPANYPROJ 09-15 TELEVISING181.84 04/27/201001391ROTO-ROOTER SERVICES COMPANYPROJ 09-15 TELEVISING150.00 8116204/27/201004043SCHWAN FOOD COMDSE FOR RESALE52.95 8116304/27/201001463SISTER ROSALIND GEFREMCC MASSAGES - MARCH2,140.00 8116404/27/201001836CITY OF ST PAULCAD FEES JAN, FEB, MARCH2,700.00 04/27/201001836CITY OF ST PAULCRIME LAB SERVICES - MARCH285.00 8116504/27/201003869JOE STEINERREIMB FOR UNIFORM 3/28 - 4/3299.90 8116604/27/201001565SWEEPER SERVICESPARTS FOR SWEEPER3,274.34 8116704/27/201001578T R F SUPPLY CO.MISC SUPPLIES560.17 04/27/201001578T R F SUPPLY CO.SHOP TOWELS132.52 8116804/27/201001635TOWER ASPHALT INCPROJ 07-19 FINAL PMT (#5)55,853.07 8116904/27/201001699UNIVERSITY OF MINNESOTAREGISTRATION FEES50.00 8117004/27/201001674USPCAREGISTRATION FEES200.00 8117104/27/201004402WEST GOVERNMENT SERVICESCLEAR CHARGES - MARCH254.10 8117204/27/201004460CARL WISCHNACKESCROW RELEASE 2635 MARGARET2,578.08 8117304/27/201004462JOHN WITZMANNESCROW RELEASE 858 O'DAY500.00 519,294.83 56Checks in this report. PacketPageNumber22of266 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 04/16/1004/19/10MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)16,970.10 04/16/1004/19/10MN Dept of Natural ResourcesDNR electronic licenses1,972.50 04/16/1004/19/10ICMA (Vantagepointe)Deferred Compensation3,244.65 04/19/1004/20/10TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)18,182.66 04/19/1004/20/10US TreasurerFederal Payroll Tax (FICA)114,071.09 04/19/1004/20/10PERAPERA84,805.88 04/20/1004/21/10WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)4,762.75 04/20/1004/21/10MN State TreasurerDrivers License/Deputy Registrar(city clrk)14,582.25 04/20/1004/21/10MN State TreasurerState Payroll Tax23,278.85 04/21/1004/22/10ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)17,719.58 04/22/1004/23/10FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)22,622.37 TOTAL322,212.68 *Detailed listing of VISA purchases is attached. PacketPageNumber23of266 Check Register City of Maplewood 04/30/2010 CheckDateVendorDescriptionAmount 8117404/28/201002464US BANKReplenish ATM machine at City Hall8,000.00 8117501516CONTRACT LABOR 2/24 TO 4/84,252.50 04/29/2010MARY PAULINE STAPLES 8117604262GOLF INSTRUCTION SESSION 1 & 2804.30 04/29/2010GREG SCHULZE 8117704470RAINBARRELS & COMPOST BINS RESALE1,773.40 04/29/2010NORSEMAN ENVIRONMENTAL PROD 8117805/04/201000353CURTIS 1000, INC. - MINNESOTASTATIONERY ORDER FOR 20107,229.72 8117905/04/201002728KIMLEY-HORN & ASSOCIATES INCPROJ 08-13 PROF SRVS THRU 3/3157,152.49 05/04/201002728KIMLEY-HORN & ASSOCIATES INCPROJ 09-15 PROF SRVS THRU 3/312,202.15 05/04/2010KIMLEY-HORN & ASSOCIATES INC 02728PROJ 09-13 PROF SRVS THRU 3/311,957.04 05/04/2010RAMSEY COUNTY-PROP REC & REV 8118001337RECORDING FEES FOR EASEMENTS552.00 05/04/2010XCEL ENERGY 8118101190ELECTRIC & GAS UTILITY16,193.81 05/04/2010XCEL ENERGY 01190ELECTRIC UTILITY8,707.82 05/04/2010XCEL ENERGY 01190ELECTRIC UTILITY919.33 05/04/2010XCEL ENERGY 01190ELECTRIC UTILITY49.83 05/04/201001190XCEL ENERGYELECTRIC UTILITY19.64 05/04/201001190XCEL ENERGYELECTRIC UTILITY18.17 05/04/201001190XCEL ENERGYMETERED SPEED SIGN11.76 05/04/2010ACCESS COMMUNICATIONS INC 8118203964FIBER OPTIC LOCATE SRVS1,223.00 05/04/2010ADVANCED PUBLIC SAFETY, INC. 8118303833MAINT TICKET WRITER CITATION SYS5,453.82 8118405/04/201004033ALPINE CAPITAL, LLCESCROW RELEASE 2300 HIGHWOOD1,093.48 05/04/2010ANIMAL CONTROL SERVICES 8118500111PATROL FEES 3/29 - 4/251,838.00 05/04/2010ARDEN TITLE, LLC 8118604467ESCROW RELEASE 1941 IDE ST1,101.18 05/04/2010ARDEN TITLE, LLC 04467ESCROW RELEASE 1949 IDE ST1,101.18 8118705/04/201004459AUDIO VIDEO PLANNERS, INC.TRAINING ROOM UPDATES1,818.64 8118805/04/201004471B&B AVM INC.LIGHT & SOUND TECHNICIAN MCC750.00 8118905/04/201001936CHAD BERGOREIMB FOR MILEAGE & INT 4/1 - 4/2772.91 8119005/04/201004333BIG EVENT PRODUCTIONSSOUND FOR MCC EVENT ON 5/71,530.00 8119105/04/201003820BLACK CONSTRUCTION INCREPAIR DAMAGE FROM FIRE VEHICLE400.00 8119205/04/201000216BRIGGS & MORGAN, P.A.GETHSEMANE TIF DISTRICT 1-95,400.00 05/04/2010BUILDERS DEVELOPMENT & FINANCE 8119304468ESCROW RELEASE 0 DORLAND RD7,819.26 8119405/04/201002929CNAGLACMONTHLY PREMIUM - MAY515.76 8119505/04/201000103EARL F ANDERSON INCPOSTS FOR SIGN INSTALLATION2,203.76 05/04/2010EBERT CONSTRUCTION 8119603463ESCROW RELEASE 1820 VAN DYKE1,085.67 05/04/2010THE EDGE MARTIAL ARTS 8119704137KARATE INSTRUCTION427.50 05/04/2010KRAIG A GALLOWAY 8119804472ESCROW RELEASE 2460 HAZELWOOD1,092.49 8119905/04/201003597MARY JO HOFMEISTERREIMB FOR MILEAGE 3/23 - 4/913.25 8120005/04/201000719INDEPENDENT SCHOOL DIST #622ALARM CALL AT CARVER GYM30.72 8120105/04/201004152ISD 622 COMMUNITY EDUCATIONYOUTH BASKETBALL GYM RENTAL1,205.50 05/04/201004152ISD 622 COMMUNITY EDUCATIONYOUTH BASKETBALL GYM RENTAL395.00 8120204469ESCROW RELEASE 2720 MAPLEWOOD DR532.81 05/04/2010JOHN C. KLIETHERMES JR. 8120300827CLAIM DEDCUTIBLE #110722561,210.00 05/04/2010L M C I T 8120405/04/201000827L M C I TANNUAL WORKER'S COMP ADJ1,204.00 8120505/04/201004239L3 MOBILE-VISION, INC.MVD-FB2DVS-INTR, INTERVIEW ROOM DVR15,013.26 8120605/04/201000932MAPLEWOOD BAKERYMDSE FOR RESALE/SNACK BAR378.69 8120702197ESCROW RELEASE 394 SUMMER LN1,070.71 05/04/2010MASTERPIECE HOMES INC 05/04/201002197MASTERPIECE HOMES INCESCROW RELEASE 3038 CAREY HTS DR1,069.75 05/04/2010MEDICA 8120803818MONTHLY PREMIUM - MAY162,054.72 8120905/04/201004193MIDAMERICA AUCTIONSFORFEITED VEHICLE STORAGE - APRIL2,250.00 8121005/04/201001126MN NCPERS LIFE INSURANCEMONTHLY PREMIUM - MAY528.00 8121105/04/201004103JOHN NEPHEWREIMB FOR MEALS & MILEAGE 4/2129.55 05/04/2010NORTH ST PAUL HIGH SCHOOLADVERTISING FOR MCC YOUTH MEMBERS175.00 8121201176 8121300001REIMB D HENK DRIVEWAY616.59 05/04/2010ONE TIME VENDOR 8121400001REIMB S JACOBUS IRRIGATION SYS200.00 05/04/2010ONE TIME VENDOR 8121505/04/201000001ONE TIME VENDORREFUND CLAYPOOL UCARE BENEFITS160.00 PacketPageNumber24of266 8121600001REFUND J EDEL MEDICA BENEFIT100.00 05/04/2010ONE TIME VENDOR 8121705/04/201000001ONE TIME VENDORREFUND J HENDRICKSON MEMBERSHIP64.28 8121800001REFUND M DEVALLIER HP BENEFIT60.00 05/04/2010ONE TIME VENDOR 8121900001REFUND A BILLMARK ELECTRIC PERMIT35.50 05/04/2010ONE TIME VENDOR 8122005/04/201002979PARIS REALTY LLCESCROW RELEASE 1570 BEAM AVE3,229.26 8122105/04/201004473PCL CONSTRUCTION SERVICES INCESCROW RELEASE 3M BLDG 2072,733.15 8122205/04/201000396DEPT OF PUBLIC SAFETYTRAINING REGISTRATION FEE195.00 8122305/04/201001345RAMSEY COUNTYCOPIES OF DOCUMENTS3.00 8122405/04/201002008RAMSEY COUNTY PUBLIC WORKSPROJ 03-15 CENTURY CONSTRUCTION3,779.55 8122505/04/201004436CYNTHIA JEAN SORINI REISTADZUMBA INSTRUCTION - MARCH336.80 DOCUMENT TRANSLATED PARKS SURVEY208.58 8122605/04/201004435MARIA PALOMA GARCIA ROMERO 8122701387ADMIN FEE FOR FITNESS PROG - APRIL100.00 05/04/2010DR. JAMES ROSSINI 8122801409ENGINEERING FEES20,000.00 05/04/2010S.E.H. 01409ENGINEERING FEES14,256.30 05/04/2010S.E.H. 05/04/2010S.E.H. 01409LIONS PARK STORM PLAN9,635.80 05/04/2010S.E.H. 01409ENGINEERING FEES6,122.57 05/04/2010S.E.H. 01409ENGINEERING FEES4,387.86 05/04/2010S.E.H. 01409MISCELLANEOUS SERVICES757.14 05/04/2010S.E.H. 01409WETLAND MONITORING AT JOY/CO RD D678.78 05/04/2010S.E.H. 01409ENGINEERING FEES529.20 05/04/201001409S.E.H.ORDINANCE UPDATES336.57 8122905/04/201001418SAM'S CLUB DIRECTVENDING MACHINE SUPPLIES391.36 05/04/201001418SAM'S CLUB DIRECTMDSE FOR RESALE283.81 05/04/2010SAM'S CLUB DIRECT 01418MDSE FOR RESALE164.57 05/04/2010SAM'S CLUB DIRECT 01418GYM SUPPLIES145.19 05/04/201001418SAM'S CLUB DIRECTGYM SUPPLIES/DANCE SUPPLIES141.16 05/04/2010SAM'S CLUB DIRECT 01418MDSE FOR RESALE102.00 05/04/2010SAM'S CLUB DIRECTB-DAY PARTY SUPPLIES/CHILCARE/CONCE71.99 01418 05/04/201001418SAM'S CLUB DIRECTB-DAY PROG SUPPLIES16.88 8123003879EMS FEES616.75 05/04/2010SANSIO 8123104240INTERPRETER SRVS YOUTH B-BALL1,176.00 05/04/2010SPORTSIGN 8123205/04/201002274SPRINTSPRINT SRVS 3/15 - 4/146,359.16 8123305/04/201001836CITY OF ST PAULRECORD MGMT SOFTWARE FEE - MAY3,798.00 05/04/201001836CITY OF ST PAULPRINTING SERVICES2,049.70 05/04/201001836CITY OF ST PAULTRAINING FEES460.00 05/04/2010CITY OF ST PAUL 01836TRAINING FEES250.00 05/04/201001836CITY OF ST PAULTRAINING FEE200.00 05/04/201001836CITY OF ST PAULPRINTING SRVS FROM RIVER PRINT31.68 05/04/2010KEVIN STEBBINS 8123404474ESCROW RELEASE 2317 ARLINGTON2,690.75 05/04/2010KEVIN STEBBINS 04474ESCROW RELEASE 2317 ARLINGTON2,636.51 05/04/2010DAVE SWAN 8123502705REIMB FOR MILEAGE 4/2141.00 8123605/04/201001574T.A. SCHIFSKY & SONS, INCBITUMINOUS MATERIALS - STREET1,816.15 05/04/2010T.A. SCHIFSKY & SONS, INC 01574BITUMINOUS MATERIALS - STREET931.66 05/04/2010MARK TOLO 8123703075ESCROW RELEASE 1107 CO RD C EAST2,641.85 05/04/2010ULTIMATE DRAIN SERVICES INC 8123802069PROJ 09-13 TELEVISING515.00 05/04/2010ULTIMATE DRAIN SERVICES INC 02069PROJ 09-13 TELEVISING420.00 8123905/04/201001699UNIVERSITY OF MINNESOTATURF MANAGEMENT WORKSHOP 4/2025.00 05/04/2010VISUAL IMAGE PROMOTIONS 8124004179PROG DISPLAY SIGN MCC - MARCH250.00 05/04/2010VISUAL IMAGE PROMOTIONS 04179PROG DISPLAY SIGN MCC - APRIL250.00 05/04/2010THE WATSON CO INC 8124101750MDSE FOR RESALE448.49 05/04/201001750THE WATSON CO INCMDSE FOR RESALE362.44 429,744.60 Checks in this report. 68 PacketPageNumber25of266 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 04/23/1004/26/10MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)11,978.00 04/23/1004/26/10MN Dept of Natural ResourcesDNR electronic licenses1,768.50 04/23/1004/26/10ARC AdministrationDCRP & Flex plan payments4,157.14 04/26/1004/27/10TuesMN State TreasurerDrivers License/Deputy Registrar(city clrk)15,299.25 04/26/1004/27/10Pitney BowesPostage2,985.00 04/27/1004/28/10WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)4,154.25 04/27/1004/28/10MN State TreasurerDrivers License/Deputy Registrar(city clrk)19,313.13 04/28/1004/29/10ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)20,133.05 04/28/1004/29/10US Bank VISA One Card*Purchasing Card Items51,548.62 04/29/1004/30/10FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)19,771.85 TOTAL151,108.79 *Detailed listing of VISA purchases is attached. PacketPageNumber26of266 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 04/30/10JUENEMANN, KATHLEEN416.42 04/30/10LLANAS, JAMES416.42 04/30/10NEPHEW, JOHN416.42 04/30/10PERKINS, MATTHEW150.00 04/30/10ROSSBACH, WILLIAM473.15 04/30/10STRAUTMANIS, MARIS110.00 04/30/10WASILUK, JULIE416.42 04/30/10AHL, R. CHARLES4,917.95 04/30/10ANTONEN, JAMES5,300.00 04/30/10BURLINGAME, SARAH1,917.45 04/30/10KANTRUD, HUGH184.62 04/30/10CHRISTENSON, SCOTT1,915.77 04/30/10FARR, LARRY2,748.86 04/30/10JAHN, DAVID1,840.37 04/30/10RAMEAUX, THERESE3,030.67 04/30/10FORMANEK, KAREN1,762.17 04/30/10MITTET, ROBERT3,661.03 04/30/10ANDERSON, CAROLE2,584.07 04/30/10DEBILZAN, JUDY1,176.96 04/30/10JACKSON, MARY2,103.00 04/30/10KELSEY, CONNIE2,569.23 04/30/10LAYMAN, COLLEEN2,973.20 04/30/10CAREY, HEIDI2,494.95 04/30/10GUILFOILE, KAREN4,176.43 04/30/10KROLL, LISA1,814.41 04/30/10NEPHEW, MICHELLE1,554.15 04/30/10SCHMIDT, DEBORAH2,467.06 04/30/10SPANGLER, EDNA1,226.09 04/30/10CORTESI, LUANNE1,113.97 04/30/10JAGOE, CAROL1,886.78 04/30/10KELLY, LISA167.99 04/30/10LARSON, MICHELLE1,243.91 04/30/10MECHELKE, SHERRIE1,185.32 04/30/10MOY, PAMELA1,273.52 04/30/10OSTER, ANDREA1,886.77 04/30/10WEAVER, KRISTINE2,245.36 04/30/10CORCORAN, THERESA1,882.15 04/30/10KVAM, DAVID4,168.15 04/30/10PALANK, MARY1,886.77 04/30/10POWELL, PHILIP2,903.66 04/30/10SVENDSEN, JOANNE2,081.79 04/30/10THOMALLA, DAVID4,936.26 04/30/10YOUNG, TAMELA1,882.15 04/30/10ABEL, CLINT2,988.56 04/30/10ALDRIDGE, MARK2,888.66 PacketPageNumber27of266 04/30/10BAKKE, LONN3,021.90 04/30/10BARTZ, PAUL4,014.90 04/30/10BELDE, STANLEY2,888.66 04/30/10BENJAMIN, MARKESE2,413.09 04/30/10BERGERON, JOSEPH3,705.08 04/30/10BIERDEMAN, BRIAN3,131.01 04/30/10BOHL, JOHN3,199.54 04/30/10BUSACK, DANIEL3,219.45 04/30/10COFFEY, KEVIN2,773.06 04/30/10CROTTY, KERRY3,507.77 04/30/10DEMULLING, JOSEPH2,457.48 04/30/10DOBLAR, RICHARD3,576.98 04/30/10DUGAS, MICHAEL4,145.49 04/30/10ERICKSON, VIRGINIA3,156.60 04/30/10FLOR, TIMOTHY2,622.14 04/30/10FRASER, JOHN3,181.06 04/30/10FRITZE, DEREK2,990.10 04/30/10GABRIEL, ANTHONY3,233.28 04/30/10HAWKINSON JR, TIMOTHY2,657.21 04/30/10HER, PHENG2,150.10 04/30/10HIEBERT, STEVEN3,101.84 04/30/10JOHNSON, KEVIN4,013.83 04/30/10KALKA, THOMAS1,718.28 04/30/10KARIS, FLINT3,443.73 04/30/10KONG, TOMMY2,830.76 04/30/10KREKELER, NICHOLAS1,555.18 04/30/10KROLL, BRETT3,065.73 04/30/10LANGNER, SCOTT2,983.45 04/30/10LANGNER, TODD2,811.41 04/30/10LARSON, DANIEL394.23 04/30/10LU, JOHNNIE2,857.04 04/30/10MARINO, JASON2,922.14 04/30/10MARTIN, JERROLD2,988.56 04/30/10MCCARTY, GLEN2,904.55 04/30/10METRY, ALESIA3,052.67 04/30/10NYE, MICHAEL3,050.21 04/30/10OLSON, JULIE2,987.41 04/30/10REZNY, BRADLEY2,449.24 04/30/10RHUDE, MATTHEW2,849.76 04/30/10SHORTREED, MICHAEL4,060.51 04/30/10STEINER, JOSEPH3,923.60 04/30/10SYPNIEWSKI, WILLIAM2,773.06 04/30/10SZCZEPANSKI, THOMAS2,941.55 04/30/10TAUZELL, BRIAN2,150.10 04/30/10THEISEN, PAUL2,930.85 04/30/10THIENES, PAUL3,414.87 04/30/10TRAN, JOSEPH3,147.21 04/30/10WENZEL, JAY3,026.57 04/30/10XIONG, KAO2,843.81 04/30/10BAUMAN, ANDREW2,568.87 04/30/10DAWSON, RICHARD2,924.77 04/30/10DOLLERSCHELL, ROBERT293.39 04/30/10EVERSON, PAUL2,857.20 04/30/10FOSSUM, ANDREW2,467.34 04/30/10HALWEG, JODI2,575.55 PacketPageNumber28of266 04/30/10HENDRICKSON, NICHOLAS2,174.98 04/30/10JUNGMANN, BERNARD3,375.63 04/30/10KUBAT, ERIC2,229.79 04/30/10LINDER, TIMOTHY2,405.75 04/30/10NOVAK, JEROME2,890.22 04/30/10OLSON, JAMES2,607.70 04/30/10PETERSON, ROBERT2,916.03 04/30/10PLACE, ANDREA2,451.97 04/30/10SEDLACEK, JEFFREY2,658.40 04/30/10STREFF, MICHAEL2,663.01 04/30/10SVENDSEN, RONALD3,271.65 04/30/10GERVAIS-JR, CLARENCE3,541.23 04/30/10LUKIN, STEVEN4,475.33 04/30/10ZWIEG, SUSAN2,234.15 04/30/10KNUTSON, LOIS2,102.45 04/30/10NIVEN, AMY1,411.62 04/30/10PRIEFER, WILLIAM2,937.81 04/30/10BRINK, TROY2,244.55 04/30/10BUCKLEY, BRENT2,543.57 04/30/10DEBILZAN, THOMAS2,125.35 04/30/10EDGE, DOUGLAS2,127.66 04/30/10HAMRE, MILES1,431.00 04/30/10JONES, DONALD2,125.35 04/30/10MEISSNER, BRENT1,754.95 04/30/10NAGEL, BRYAN3,326.49 04/30/10OSWALD, ERICK2,337.97 04/30/10RUNNING, ROBERT2,444.49 04/30/10TEVLIN, TODD2,129.35 04/30/10BURLINGAME, NATHAN1,901.37 04/30/10DUCHARME, JOHN2,713.98 04/30/10EATON, MEGAN1,040.00 04/30/10ENGSTROM, ANDREW2,344.55 04/30/10JACOBSON, SCOTT2,344.57 04/30/10JAROSCH, JONATHAN2,709.35 04/30/10KREGER, JASON2,140.29 04/30/10KUMMER, STEVEN3,063.75 04/30/10LINDBLOM, RANDAL2,713.98 04/30/10LOVE, STEVEN3,140.33 04/30/10THOMPSON, MICHAEL3,895.87 04/30/10ZIEMAN, SCOTT158.40 04/30/10HELCL, JOHN322.40 04/30/10EDSON, DAVID2,249.91 04/30/10HINNENKAMP, GARY2,215.36 04/30/10MARUSKA, MARK3,183.11 04/30/10NAUGHTON, JOHN2,125.36 04/30/10NORDQUIST, RICHARD2,127.66 04/30/10SCHINDELDECKER, JAMES2,129.97 04/30/10BIESANZ, OAKLEY1,562.21 04/30/10DEAVER, CHARLES493.29 04/30/10GERNES, CAROLE610.31 04/30/10HAYMAN, JANET1,240.24 04/30/10HUTCHINSON, ANN2,622.79 04/30/10SOUTTER, CHRISTINE342.57 04/30/10WACHAL, KAREN815.08 04/30/10GAYNOR, VIRGINIA3,211.95 PacketPageNumber29of266 04/30/10BEHM, LOIS18.75 04/30/10FRY, PATRICIA1,969.26 04/30/10HALL, KATHLEEN234.00 04/30/10KONEWKO, DUWAYNE4,390.46 04/30/10SINDT, ANDREA2,034.95 04/30/10THOMPSON, DEBRA752.86 04/30/10EKSTRAND, THOMAS3,800.52 04/30/10MARTIN, MICHAEL2,530.95 04/30/10BRASH, JASON2,154.15 04/30/10CARVER, NICHOLAS3,211.95 04/30/10FISHER, DAVID3,778.99 04/30/10SWAN, DAVID2,686.95 04/30/10WELLENS, MOLLY1,787.04 04/30/10BERGER, STEPHANIE240.50 04/30/10BJORK, BRANDON220.00 04/30/10JANASZAK, MEGHAN659.56 04/30/10KOHLMAN, JENNIFER164.19 04/30/10ROBBINS, AUDRA2,847.74 04/30/10ROBBINS, CAMDEN90.00 04/30/10SCHALLER, SCOTT336.50 04/30/10SCHALLER, TYLER61.63 04/30/10SHERRILL, CAITLIN305.50 04/30/10TAYLOR, JAMES2,583.24 04/30/10THOMFORDE, FAITH1,482.95 04/30/10ADAMS, DAVID1,673.35 04/30/10GERMAIN, DAVID2,137.83 04/30/10HAAG, MARK2,244.55 04/30/10SCHULTZ, SCOTT2,776.06 04/30/10ANZALDI, MANDY1,823.37 04/30/10BRENEMAN, NEIL1,939.70 04/30/10CRAWFORD - JR, RAYMOND845.45 04/30/10EVANS, CHRISTINE1,296.87 04/30/10FABIO-SHANLEY, MICHAEL126.94 04/30/10GLASS, JEAN2,103.67 04/30/10HANSEN, LORI2,912.03 04/30/10HER, CHONG183.00 04/30/10HER, PETER292.60 04/30/10HOFMEISTER, MARY965.97 04/30/10HOFMEISTER, TIMOTHY402.25 04/30/10LAMB, JACQUELINE216.00 04/30/10OLSON, ERICA93.50 04/30/10OLSON, SANDRA84.00 04/30/10PELOQUIN, PENNYE629.11 04/30/10PENN, CHRISTINE2,094.61 04/30/10SCHOENECKER, LEIGH652.00 04/30/10SMITH, TERRENCE232.00 04/30/10STARK, SUE207.00 04/30/10VANG, KAY263.69 04/30/10VUE, LOR PAO123.75 04/30/10ZIELINSKI, JUDY34.65 04/30/10AICHELE, MEGAN149.88 04/30/10AMUNDSON, DANIKA117.19 04/30/10ANDERSON, MAXWELL174.00 04/30/10BAUDE, SARAH53.25 04/30/10BEITLER, JULIE54.00 PacketPageNumber30of266 04/30/10BIGGS, ANNETTE122.55 04/30/10BRENEMAN, SEAN62.40 04/30/10BRUSOE, AMY181.10 04/30/10BRUSOE, CRISTINA249.20 04/30/10BUCKLEY, BRITTANY115.85 04/30/10BUTLER, ANGELA51.00 04/30/10CAMPBELL, JESSICA174.00 04/30/10CLARK, PAMELA112.50 04/30/10COLEMAN, DAYSHIA29.06 04/30/10DEMPSEY, BETH159.25 04/30/10DUNN, RYAN973.54 04/30/10ERICKSON-CLARK, CAROL98.00 04/30/10FONTAINE, KIM199.00 04/30/10GRUENHAGEN, LINDA364.80 04/30/10HANSEN, HANNAH123.25 04/30/10HEINRICH, SHEILA316.00 04/30/10HOLMBERG, LADONNA420.00 04/30/10HOLMGREN, LEAH15.00 04/30/10HORWATH, RONALD2,589.01 04/30/10JOHNSON, BARBARA96.00 04/30/10JOYER, JENNA91.80 04/30/10KOGLER, RYAN110.80 04/30/10KOHLER, ROCHELLE34.00 04/30/10KRONHOLM, KATHRYN444.81 04/30/10KURZHAL, ALISON278.51 04/30/10LAMEYER, ZACHARY103.45 04/30/10MCCANN, NATALIE18.00 04/30/10MCCARTHY, ERICA160.50 04/30/10NADEAU, KELLY153.50 04/30/10PEHOSKI, JOEL100.00 04/30/10PROESCH, ANDY488.46 04/30/10RENFORD, NATHAN275.44 04/30/10RENFORD, NICHOLAS108.75 04/30/10RICHTER, DANIEL72.00 04/30/10RICHTER, NANCY1,583.22 04/30/10RONNING, ISAIAH73.50 04/30/10RONNING, ZACCEUS65.70 04/30/10SCHAEFER, NATALIE74.79 04/30/10SCHREIER, ROSEMARIE159.75 04/30/10SCHUNEMAN, GREGORY78.53 04/30/10SJERVEN, BRENDA34.00 04/30/10SKAAR, SAMANTHA52.25 04/30/10SKUNES, KELLY84.13 04/30/10SMITH, ANN118.20 04/30/10SMITLEY, SHARON201.20 04/30/10TREPANIER, TODD423.50 04/30/10TUPY, ELIANA102.00 04/30/10TUPY, HEIDE133.20 04/30/10TUPY, MARCUS276.60 04/30/10WARNER, CAROLYN284.90 04/30/10WEDES, CARYL98.00 04/30/10WEEVER, NAOMI50.75 04/30/10WOODMAN, ALICE92.00 04/30/10YOUNCE, BLAISE7.25 04/30/10BOSLEY, CAROL369.00 PacketPageNumber31of266 04/30/10GIERNET, ASHLEY38.25 04/30/10LANGER, CHELSEA125.38 04/30/10LANGER, KAYLYN199.75 04/30/10SAVAGE, KAREN95.00 04/30/10ZAGER, LINNEA519.25 04/30/10BEHAN, JAMES1,953.12 04/30/10BOWMAN, MATTHEW348.00 04/30/10COLEMAN, PATRICK290.00 04/30/10DOUGLASS, TOM1,339.32 04/30/10JOHNSON, JUSTIN145.00 04/30/10LONETTI, JAMES480.00 04/30/10MALONEY, SHAUNA135.94 04/30/10PRINS, KELLY1,255.62 04/30/10REILLY, MICHAEL1,915.75 04/30/10SCHOENECKER, KYLE110.56 04/30/10SEPPI, LEAH192.50 04/30/10THOMPSON, BENJAMIN275.50 04/30/10VALERIO, TARA285.00 04/30/10WILLIAMS, DAELA319.00 04/30/10FINWALL, SHANN3,138.95 04/30/10AICHELE, CRAIG2,196.23 04/30/10PRIEM, STEVEN2,390.15 04/30/10WOEHRLE, MATTHEW2,220.11 04/30/10BERGO, CHAD2,651.63 04/30/10FOWLDS, MYCHAL3,320.72 04/30/10FRANZEN, NICHOLAS2,309.67 100890804/30/10WELCHLIN, CABOT2,995.84 100890904/30/10GEBHARD, MADELINE200.00 100891004/30/10MALLET, AMANDA53.63 100891104/30/10MUELLNER, CHADD150.00 100891204/30/10VUKICH, CANDACE83.38 100891304/30/10SIMPSON, JOSEPH39.19 100891404/30/10BUESING, DYLAN58.80 100891504/30/10CRANDALL, KRISTA166.26 100891604/30/10EKSTRAND, DANIEL68.69 100891704/30/10FLUEGEL, LARISSA166.75 100891804/30/10GIPPLE, TRISHA123.25 100891904/30/10JOYER, ANTHONY18.50 100892004/30/10LAMSON, KEVIN29.23 100892104/30/10MCCORMACK, MELISSA52.95 100892204/30/10MCLAURIN, CHRISTOPHER296.81 100892304/30/10MCMAHON, MICHAEL64.70 100892404/30/10MORIS, RACHEL40.00 100892504/30/10NORTHOUSE, KATHERINE23.25 100892604/30/10NWANOKWALE, EMMA62.00 100892704/30/10PIEPER, THEODORE56.25 100892804/30/10QUANT, JENNA38.40 100892904/30/10ROSTRON, ROBERT350.15 100893004/30/10SCHMIDT, JOHN94.75 100893104/30/10VIMR, CAYLA43.50 100893204/30/10WALKER, TYLER25.38 100893304/30/10EVERSON, SARAH28.00 100893404/30/10HER, KIM58.00 100893504/30/10HER, MARINA24.00 100893604/30/10PERCHYSHYN, ALLYSON26.25 PacketPageNumber32of266 100893704/30/10SCHULZE, KEVIN468.00 100893804/30/10STEFFEN, MICHAEL174.00 487,549.53 PacketPageNumber33of266 Transaction DatePosting DateMerchant NameTransaction AmountName 04/08/201004/12/2010MICHAELS #2744$69.83 MANDY ANZALDI 04/09/201004/12/2010JOANN ETC #1970$77.65 MANDY ANZALDI 04/09/201004/12/2010TARGET 00012443$9.77 MANDY ANZALDI 04/09/201004/12/2010DEB SHOPS 67560$58.00 MANDY ANZALDI 04/09/201004/12/2010RAGSTOCK #27$115.93 MANDY ANZALDI 04/16/201004/19/2010CUB FOODS, INC.$9.63 MANDY ANZALDI 04/17/201004/19/2010JOANN ETC #1970$61.14 MANDY ANZALDI 04/17/201004/19/2010WAL-MART$66.06 MANDY ANZALDI 04/21/201004/22/2010PARTY AMERICA 1006$113.26 MANDY ANZALDI 04/21/201004/23/2010ANDON BALLOONS INC -$98.86 MANDY ANZALDI 04/22/201004/23/2010CUB FOODS, INC.$22.94 MANDY ANZALDI 04/08/201004/12/2010PARK SUPPLY OF AMERICA IN$27.32 JIM BEHAN 04/09/201004/12/2010POOLSIDE$48.21 JIM BEHAN 04/09/201004/12/2010CONTINENTAL RESEARCH$312.64 JIM BEHAN 04/09/201004/12/2010CONTINENTAL RESEARCH$293.76 JIM BEHAN 04/09/201004/12/2010CONTINENTAL RESEARCH$156.32 JIM BEHAN 04/14/201004/16/2010PARK SUPPLY OF AMERICA IN$50.62 JIM BEHAN 04/15/201004/16/2010MUSKA LIGHTING CENTER$447.79 JIM BEHAN 04/19/201004/20/2010THERMO DYNE INC$1,010.58 JIM BEHAN 04/19/201004/20/2010AQUA LOGICS INC$96.40 JIM BEHAN 04/20/201004/21/2010HENRIKSEN ACE HARDWARE$17.47 JIM BEHAN 04/20/201004/22/2010DAVIS LOCK & SAFE$32.06 JIM BEHAN 04/20/201004/22/2010METROPOLITAN MECHANICAL C$608.81 JIM BEHAN 04/21/201004/22/2010TWIN CITY HARDWARE HADLEY$427.59 JIM BEHAN 04/21/201004/22/2010BUY.COM$12.98 CHAD BERGO OAKLEY BIESANZ 04/14/201004/15/2010KNOWLAN'S MARKET #2$18.66 04/14/201004/15/2010PETSMART INC 461$13.19 OAKLEY BIESANZ 04/09/201004/12/2010MGI COMPANIES$32.12 NEIL BRENEMAN 04/12/201004/14/2010DISPLAYS 2 GO$68.78 NEIL BRENEMAN 04/13/201004/14/2010ARAMARK MINNEAPOLIS OCS$562.44 NEIL BRENEMAN 04/13/201004/14/2010ARAMARK MINNEAPOLIS OCS$718.44 NEIL BRENEMAN 04/14/201004/15/2010PETSMART INC 461$32.12 NEIL BRENEMAN 04/14/201004/16/2010SPORTS AUTHORI00007013$48.15 NEIL BRENEMAN 04/19/201004/21/2010PRICE CHOPPER, INC$179.83 NEIL BRENEMAN 04/20/201004/21/2010METRO ATHLETIC SUPPLY$615.75 NEIL BRENEMAN 04/14/201004/16/2010MIKES LP GAS INC$42.40 TROY BRINK 04/14/201004/16/2010MIKES LP GAS INC$28.59 TROY BRINK 04/16/201004/19/2010THE HOME DEPOT 2801$12.83 TROY BRINK 04/16/201004/19/2010MOGREN LANDSCAPE SUPPLY L$37.76 TROY BRINK 04/21/201004/23/2010MIKES LP GAS INC$15.18 TROY BRINK 04/20/201004/22/2010HEJNY RENTAL INC$231.73 BRENT BUCKLEY 04/09/201004/12/2010SEARS ROEBUCK 1122$48.20 SARAH BURLINGAME 04/12/201004/13/2010RAINBOW FOODS 00088617$43.37 SARAH BURLINGAME 04/14/201004/15/2010FAMILY TIME$200.00 HEIDI CAREY 04/14/201004/15/2010CITY PAGES$3,000.00 HEIDI CAREY 04/14/201004/16/2010PIONEER PRESS ADVERTISING$375.00 HEIDI CAREY 04/20/201004/21/2010GETTY IMAGES$999.95 HEIDI CAREY 04/12/201004/14/2010THE HOME DEPOT 2801$11.22 SCOTT CHRISTENSON 04/14/201004/15/2010CENTURY COLLEGE-CE$195.00 SCOTT CHRISTENSON 04/15/201004/16/2010SUPERAMERICA 04022$4.06 SCOTT CHRISTENSON 04/15/201004/16/2010VIKING ELEC-CREDIT DEPT.$184.45 SCOTT CHRISTENSON 04/16/201004/19/2010THE HOME DEPOT 2801$169.27 SCOTT CHRISTENSON 04/22/201004/23/2010REAL GOODS SOLAR($58.00)SCOTT CHRISTENSON 04/16/201004/19/2010UNIFORMS UNLIMITED INC$16.75 KERRY CROTTY 04/16/201004/19/2010BATTERY UNIVERSE$132.07 KERRY CROTTY 04/14/201004/15/2010MENARDS 3059$32.08 CHARLES DEAVER 04/16/201004/19/2010MIKES LP GAS INC$33.07 CHARLES DEAVER 04/21/201004/22/2010FAMILY DOLLAR #5925$6.96 CHARLES DEAVER 04/21/201004/22/2010MENARDS 3022$16.91 CHARLES DEAVER 04/21/201004/22/2010BROCK WHITE ST PAUL 180$85.97 THOMAS DEBILZAN 04/08/201004/12/2010UNIFORMS UNLIMITED INC$99.00 RICHARD DOBLAR 04/13/201004/15/2010ANCOM COMMUNICATIONS INC$184.36 RICHARD DOBLAR PacketPageNumber34of266 04/13/201004/15/2010THE HOME DEPOT 2801$7.25 RICHARD DOBLAR 04/20/201004/22/2010NORTHWEST CAMERA & VIDEO$130.00 RICHARD DOBLAR 04/21/201004/23/2010UNIFORMS UNLIMITED INC$255.00 RICHARD DOBLAR 04/09/201004/12/2010CUB FOODS, INC.$7.16 LARRY FARR 04/09/201004/12/2010NASSEFF PLUMBING AND HEAT$1.00 LARRY FARR 04/12/201004/13/2010NORTHLAND MECHANICAL C$959.09 LARRY FARR 04/13/201004/14/2010NASSEFF PLUMBING AND HEAT$1,418.25 LARRY FARR 04/14/201004/15/2010ROCKLER WOODWORK 013$79.22 LARRY FARR 04/14/201004/16/2010OFFICE MAX$181.20 LARRY FARR 04/14/201004/16/2010THE HOME DEPOT 2801$174.42 LARRY FARR 04/17/201004/19/2010CINTAS #470$75.37 LARRY FARR 04/17/201004/19/2010CINTAS #470$36.59 LARRY FARR 04/17/201004/19/2010CINTAS #470$34.88 LARRY FARR 04/19/201004/21/2010CERTIFIED LABORATO QPS$2,488.11 LARRY FARR 04/22/201004/23/2010USGBC MHC$75.00 SHANN FINWALL 04/13/201004/13/2010PAYPAL INC$116.25 MYCHAL FOWLDS 04/21/201004/21/2010COMCAST CABLE COMM$54.00 MYCHAL FOWLDS 04/19/201004/20/2010PANERA BREAD #1354$8.42 CLARENCE GERVAIS 04/19/201004/20/2010NFPA NATL FIRE PROTECT$150.00 CLARENCE GERVAIS 04/19/201004/20/2010RAM BIG HORN BREWERY #104$23.93 CLARENCE GERVAIS 04/20/201004/21/2010ALCATRAZ BREWING C$29.15 CLARENCE GERVAIS 04/20/201004/22/2010EINSTEIN BROS #2620$9.04 CLARENCE GERVAIS 04/21/201004/23/2010HARD ROCK INDIANAPOLIS R$27.29 CLARENCE GERVAIS 04/08/201004/12/2010TWIN CITIES REPTILES$3.01 JANET M GREW HAYMAN 04/14/201004/15/2010VZWRLSS*APOCC VISN$106.47 KAREN E GUILFOILE 04/12/201004/14/2010WW GRAINGER$190.51 MARK HAAG 04/13/201004/14/2010HENRIKSEN ACE HARDWARE$14.72 MARK HAAG 04/16/201004/19/2010LOEFFLER SHOES$129.95 MARK HAAG 04/21/201004/23/2010SHARROW LIFTING PRODUCTS$179.84 MARK HAAG 04/13/201004/14/2010MENARDS 3059$57.18 MILES HAMRE 04/13/201004/15/2010THE HOME DEPOT 2801$97.27 MILES HAMRE 04/14/201004/16/2010THE HOME DEPOT 2801$31.85 MILES HAMRE 04/20/201004/21/2010DEGE GARDEN CENTER$26.77 MILES HAMRE 04/09/201004/12/2010MENARDS 3059$6.43 PATRICK HEFFERNAN 04/19/201004/20/2010T A SCHIFSKY & SONS INC($148.53)GARY HINNENKAMP 04/19/201004/20/2010T A SCHIFSKY & SONS INC$133.42 GARY HINNENKAMP 04/19/201004/20/2010T A SCHIFSKY & SONS INC$148.53 GARY HINNENKAMP 04/09/201004/12/2010THE HOME DEPOT 2801$42.82 RON HORWATH 04/16/201004/19/2010AMERICAN RED CROSS TWIN C$21.00 RON HORWATH 04/12/201004/13/2010BRIN NORTHWESTERN GLASS C$303.30 ANN E HUTCHINSON 04/16/201004/19/2010AMAZON MKTPLACE PMTS$33.42 ANN E HUTCHINSON 04/19/201004/21/2010MICHAELS #2744($77.00)ANN E HUTCHINSON 04/21/201004/22/2010DALCO ENTERPRISES, INC$813.66 DAVID JAHN 04/14/201004/16/2010UNIFORMS UNLIMITED INC$103.50 KEVIN JOHNSON 04/15/201004/19/2010TANNERS STATION$50.00 KEVIN JOHNSON 04/21/201004/22/2010SPARTAN PROMOTIONAL GRP$351.87 KEVIN JOHNSON 04/08/201004/12/2010MILLS FLEET FARM #2700$32.65 BERNARD R JUNGMANN 04/09/201004/12/2010PHILIPS MEDICAL SYSTEMS$192.50 BERNARD R JUNGMANN 04/13/201004/14/2010BOUND TREE MEDICAL LLC$1,014.08 BERNARD R JUNGMANN 04/13/201004/14/2010BOUND TREE MEDICAL LLC$1,481.14 BERNARD R JUNGMANN 04/13/201004/14/2010BOUND TREE MEDICAL LLC$185.80 BERNARD R JUNGMANN 04/14/201004/15/2010PHILIPS MEDICAL SYSTEMS$319.80 BERNARD R JUNGMANN 04/14/201004/15/2010CHD*C AND H DISTRIBTRS$28.49 BERNARD R JUNGMANN $100.00 BERNARD R JUNGMANN 04/14/201004/15/2010BOUND TREE MEDICAL LLC 04/17/201004/19/2010SPRINT STORE #226$192.79 BERNARD R JUNGMANN 04/17/201004/19/2010DELTA AIR 0068211799195$23.00 BERNARD R JUNGMANN 04/17/201004/19/2010DELTA AIR 0068211599572$23.00 BERNARD R JUNGMANN 04/13/201004/14/2010BATTERIES PLUS #31$23.56 NICHOLAS KREKELER 04/14/201004/15/2010THE UPS STORE #2171$11.92 NICHOLAS KREKELER 04/16/201004/19/2010STRAUSS SKATE AND BICY$25.67 NICHOLAS KREKELER 04/09/201004/12/2010OFFICE DEPOT #1090$201.84 LISA KROLL 04/12/201004/13/2010$39.00 LISA KROLL MAPLEWOOD PARKS AND RECRE 04/12/201004/14/2010OFFICE DEPOT #1090$27.00 LISA KROLL PacketPageNumber35of266 04/16/201004/19/2010ARVEY PAPER & OFFICE PRO$1,454.16 LISA KROLL 04/19/201004/20/2010LILLIE SUBURBAN NEWSPAPE$354.40 LISA KROLL 04/07/201004/12/2010UNIFORMS UNLIMITED$1,057.71 DAVID KVAM 04/09/201004/12/2010LAW ENFORCEMENT TARGETS$115.70 DAVID KVAM 04/09/201004/12/2010STREICHERS INC$124.82 DAVID KVAM 04/13/201004/13/2010COMCAST CABLE COMM$34.00 DAVID KVAM 04/14/201004/15/2010THE GRAFIX SHOPPE$32.06 DAVID KVAM 04/15/201004/16/2010BEST WESTERN HOTELS - ST.$188.80 DAVID KVAM 04/16/201004/19/2010CLASSIC COLLISION CENT$577.36 DAVID KVAM 04/20/201004/21/2010WORLDSCOUT CORPORATION$25.00 DAVID KVAM 04/21/201004/22/2010HEALTHEAST TRANSPORTATN$2,833.42 DAVID KVAM 04/13/201004/14/2010PEN*FIRE ENGINEERING$76.00 STEVE LUKIN 04/14/201004/15/2010MENARDS 3059$4.69 STEVE LUKIN 04/15/201004/16/2010FEDEX KINKO'S #0617$36.67 STEVE LUKIN 04/19/201004/20/2010EMERGENCY APPARATUS MAINT$1,156.39 STEVE LUKIN 04/19/201004/20/2010EMERGENCY APPARATUS MAINT$1,080.09 STEVE LUKIN 04/20/201004/21/2010ROAD RESCUE EMERGENCY VE$13.92 STEVE LUKIN 04/21/201004/22/2010ATTM*878423931 NBI$117.69 STEVE LUKIN 04/22/201004/23/2010MENARDS 3059$15.99 STEVE LUKIN 04/09/201004/12/2010ON SITE SANITATION$8.86 MARK MARUSKA 04/13/201004/14/2010VIKING INDUSTRIAL CENTER$313.30 MARK MARUSKA 04/15/201004/16/2010FSH COMMUNICATION01 OF 01$63.90 MARK MARUSKA 04/21/201004/23/2010THE HOME DEPOT 2801$213.18 MARK MARUSKA 04/22/201004/23/2010MERIT CHEVROLET$141.37 MARK MARUSKA 04/14/201004/16/2010MINNESOTA GOVERNMENT F$45.00 ROBERT MITTET 04/19/201004/21/2010CERTIFIED LABORATO QPS$1,182.16 BRYAN NAGEL 04/20/201004/21/2010PAKOR INC$435.55 SHELLY NEPHEW 04/08/201004/12/2010OFFICE DEPOT #1090$165.06 AMY NIVEN 04/13/201004/14/2010HENRIKSEN ACE HARDWARE$16.48 RICHARD NORDQUIST 04/12/201004/14/2010HEJNY RENTAL INC$1,065.96 ERICK OSWALD 04/13/201004/15/2010OFFICE DEPOT #1090$46.99 MARY KAY PALANK 04/21/201004/23/2010OFFICE DEPOT #1090$121.05 MARY KAY PALANK 04/12/201004/13/20104721PAYPAL *EXPUSE$1.95 CHRISTINE PENN 04/12/201004/13/2010HENRIKSEN ACE HARDWARE$27.06 PHILIP F POWELL 04/14/201004/16/2010EVIDENT$308.00 PHILIP F POWELL 04/15/201004/19/2010COUNTRY CLEANERS$21.50 PHILIP F POWELL 04/20/201004/22/2010PEAVEY CORPORATION$183.90 PHILIP F POWELL 04/14/201004/15/2010ON SITE SANITATION$72.68 WILLIAM J PRIEFER 04/16/201004/19/2010PIONEER PRESS SUBSCRIPTI$124.54 WILLIAM J PRIEFER 04/16/201004/19/2010METRO SALES INC$676.00 WILLIAM J PRIEFER 04/08/201004/12/2010TOUSLEY FORD I27228006$21.19 STEVEN PRIEM 04/09/201004/12/2010KATH AUTO PARTS NSP$4.58 STEVEN PRIEM 04/09/201004/12/2010BAUER BUILT TIRE -$789.38 STEVEN PRIEM 04/09/201004/12/2010BATTERIES PLUS #31$88.14 STEVEN PRIEM 04/12/201004/14/2010TOUSLEY FORD I27228006$123.99 STEVEN PRIEM 04/12/201004/14/2010TOUSLEY FORD I27228006$258.88 STEVEN PRIEM 04/13/201004/14/2010E A T I$781.04 STEVEN PRIEM 04/13/201004/14/2010E A T I$47.13 STEVEN PRIEM 04/14/201004/16/2010KATH AUTO PARTS NSP$125.72 STEVEN PRIEM 04/14/201004/16/2010MACQUEEN EQUIPMENT INC$361.41 STEVEN PRIEM 04/15/201004/19/2010KATH AUTO PARTS NSP$42.84 STEVEN PRIEM 04/16/201004/19/2010KATH AUTO PARTS LC$92.75 STEVEN PRIEM 04/16/201004/19/2010KATH AUTO PARTS LC$276.34 STEVEN PRIEM $54.69 STEVEN PRIEM 04/19/201004/20/2010PARTS ASSOCIATION01 OF 01 04/19/201004/20/2010BAUER BUILT TIRE -$716.55 STEVEN PRIEM 04/19/201004/21/2010KATH AUTO PARTS NSP$28.92 STEVEN PRIEM 04/19/201004/21/2010TRI-STATE BOBCAT INC.$213.15 STEVEN PRIEM 04/19/201004/21/2010GOODYEAR AUTO SRV CT 6920$122.94 STEVEN PRIEM 04/20/201004/22/2010KATH AUTO PARTS NSP$90.86 STEVEN PRIEM 04/20/201004/22/2010KATH AUTO PARTS NSP$78.11 STEVEN PRIEM 04/20/201004/22/2010KATH AUTO PARTS NSP$5.36 STEVEN PRIEM 04/20/201004/22/2010TOUSLEY FORD I27228006$46.76 STEVEN PRIEM 04/21/201004/23/2010GOODYEAR AUTO SRV CT 6920$47.00 STEVEN PRIEM PacketPageNumber36of266 04/09/201004/12/2010EVALUMED COMPANIES$1,195.00 TERRIE RAMEAUX 04/13/201004/13/2010INFOSOFT GROUP INC$295.00 TERRIE RAMEAUX 04/17/201004/19/2010DALCO ENTERPRISES, INC$423.35 MICHAEL REILLY 04/19/201004/20/2010HILLYARD INC MINNEAPOLIS$892.74 MICHAEL REILLY 04/20/201004/21/2010HILLYARD INC MINNEAPOLIS$51.68 MICHAEL REILLY 04/16/201004/19/2010SUPREME AUDIO INC$364.00 NANCY RICHTER 04/10/201004/12/2010WALGREENS #2936$5.88 AUDRA ROBBINS 04/17/201004/19/2010MISTER BALLOON$146.71 AUDRA ROBBINS 04/21/201004/23/2010GOPHER STAGE LIGHTING$59.82 AUDRA ROBBINS 04/12/201004/14/2010VANCE BROTHERS MN$408.80 ROBERT RUNNING 04/19/201004/20/2010WINNICK SUPPLY$194.95 ROBERT RUNNING 04/21/201004/22/2010WINNICK SUPPLY$146.23 ROBERT RUNNING 04/21/201004/22/2010MENARDS 3059$63.20 ROBERT RUNNING 04/09/201004/12/2010MENARDS 3059$20.34 JAMES SCHINDELDECKER 04/13/201004/14/2010HENRIKSEN ACE HARDWARE$11.31 JAMES SCHINDELDECKER 04/15/201004/16/2010PATIO TOWN$187.26 JAMES SCHINDELDECKER 04/14/201004/16/2010OFFICE DEPOT #1090$53.58 DEB SCHMIDT 04/21/201004/23/2010CVS PHARMACY #1751 Q03$28.36 SCOTT SCHULTZ 04/21/201004/23/2010THE HOME DEPOT 2801$11.77 SCOTT SCHULTZ 04/11/201004/13/2010SEARS ROEBUCK 1122$172.44 MICHAEL SHORTREED 04/08/201004/12/2010OFFICE DEPOT #1090$160.44 ANDREA SINDT 04/18/201004/20/2010ADVANCED GRAPHIC 00 OF 00$59.59 ANDREA SINDT 04/22/201004/23/2010LOFFLER COMPANIES INC$261.39 JOANNE M SVENDSEN 04/16/201004/19/2010METRO ATHLETIC SUPPLY$1,325.25 JAMES TAYLOR 04/12/201004/13/2010TGI_FRIDAYS #0260$39.00 DAVID J THOMALLA 04/12/201004/14/2010MCDONALDS M5787$8.31 DAVID J THOMALLA 04/16/201004/19/2010BEST WESTERN HOTELS - ST.$350.60 DAVID J THOMALLA 04/16/201004/19/2010BEST WESTERN HOTELS - ST.$94.40 DAVID J THOMALLA TOTAL$51,548.62 PacketPageNumber37of266 Agenda Item G2 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Deputy Public Works Director Steve Love, Assistant City Engineer Carsgrove Meadows Area Street Improvements, Project 08-10, SUBJECT: Approve Entering Into Contract for Landscaping Services for Forest Street Filtration Basin Entry DATE: April 29, 2010 INTRODUCTION The council will consider authorizing the city engineer to enter into a contract for landscape services for the entrance into the Spoon Lake Preserve. DISCUSSION As part of the Carsgrove Meadows Street Improvement Project a large storm water treatment basin was constructed at the south end of Forest Street. In working with the Environmental and Natural Resources Commission innovative treatment techniques were decided upon such as planting trees within the basin with a newer type of under drain system. For the stormwater treatment portion the city received a $30,000.00 grant from the Ramsey Washington Metro Watershed District. Aesthetic concerns were also a priority of the Commission. To address the aesthetic focus, a landscape architect was hired and designed an entrance into the preserve that transitions from the residential neighborhood to the natural preserve area. This entrance was also designed to help blend the storm water treatment devices into the surrounding area. The design is now ready to be built. Since the cost for this work was likely to be at least $10,000, but not to exceed more than $50,000, staff solicited proposals from four landscaping companies that were recommended or have done similar type of work for the city on past projects. Two companies choose not to send in proposals for different reasons. The following is a summary of each proposal: Company Total Cost St. Croix Valley Landscaping $13,600.00 Applied Ecological Services, Inc. $13,588.45 Prevailing Wage Discussion The proposals for this project were not required to be bid as a “prevailing wage” project under the City Ordinances for the following reasons: The project does not include the erection, construction, or remodeling of a building The estimated cost of the project is less than $50,000.00 and therefore would not be required to be competitively bid pursuant to Maplewood standard purchasing procedures. The funding for this project is provided through the Carsgrove Meadows Area Street Improvements, Project 08-10 where over 20 percent of the funds are derived from special assessments. PacketPageNumber38of266 Agenda Item G2 As outlined in the request for proposal the evaluation and selection process is based on the following criteria: Understanding of the work to be completed Experience of the contractor and/or subcontractor(s) that will be assigned to this work Proposed cost The ability to perform the work within the specified time Reputation Past work experience Based on this criteria, staff is recommending awarding the contract for landscaping services for the Forest Street Filtration Basin Entry to St. Croix Valley Landscaping. With the majority of the criteria being similar between contractors, this recommendation is based on St. Croix Valley Landscaping’s past work experience specifically with boulder/rock work and their ability to perform the boulder/rock work without utilizing subcontractors. The large amount of boulder/rock work called for by the design is an essential part of this proposal. BUDGET Landscaping service will be charged to the Carsgrove Meadows Area Street Improvements, Project 08- 10. Costs for these services have been planned for and are built into the overall indirect cost for this public improvement project. No budget adjustments are required. RECOMMENDATION It is recommended that the council authorize the city engineer to enter into a contract for services with St. Croix Valley Landscaping for landscaping services for the Forest Street Filtration Basin Entry for the Carsgrove Meadows Area Street Improvements Project, 08-10. Attachments 1. Proposal from St. Croix Valley Landscaping 2. Proposal from Applied Ecological Services, Inc. 3. Project Location Map PacketPageNumber39of266 Agenda Item G2 Attachment 1 PacketPageNumber40of266 Agenda Item G2 Attachment 1 PacketPageNumber41of266 Agenda Item G2 Attachment 1 PacketPageNumber42of266 Agenda Item G2 Attachment 2 PacketPageNumber43of266 Agenda Item G2 Attachment 2 PacketPageNumber44of266 Agenda Item G2 Attachment 3 PacketPageNumber45of266 Agenda Item G3 MEMORANDUM TO:James Antonen, City Manager FROM:Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director Conditional Use PermitReview SUBJECT: PROJECT: Xcel Energy Tanners Lake Electrical Substation Expansion LOCATION: 2500 Conway Avenue (3M Center) DATE: April 30, 2010 INTRODUCTION Project Description The conditional use permit (CUP) for Xcel Energy’s Tanners Lake Electrical Substation located at 2500 Conway Avenue at 3M Center.The CUP allowed Xcel Energy to operate and expand the electrical substation. The CUP allowed Xcel to build a 16-foot by 107-foot expansion, which included moving a chain link fence 14 feet to the west and adding a 13.8kV electrical feeder. BACKGROUND May 11, 2009: The city council approved a conditional use permit for Xcel Energy for a public utility facility. DISCUSSION City code requires the city council to review CUPs annually to check on project status. Construction of the substation expansion is complete. No additional landscaping or lighting was required with this CUP approval because the site was already established and shielded from surrounding neighbors adjacent to Conway Avenue. A condition of approval required Xcel to secure an easement from 3M in order to proceed with this expansion. The easement was granted and staff was given a copy of the agreement for the city’s files. The added 13.8kV electrical feeder has been installed and associated work is complete. As part of this CUP approval, Xcel had stated on its plans that the site was to be prepared for an additional electrical feeder to be installed at a later date. Chris Rogers of Xcel Energy indicated to staff this additional electrical feeder is scheduled tobe installed later this year. The site preparation work is already complete but Xcel will be required to secure a building permit for the installation of the additional electrical feeder. RECOMMENDATION Review the conditional use permit for Xcel Energy’s electrical substation and related electrical system operations in one year. p:sec 36/Xcel Substation at 3MCUP_Review_043010 Attachments: 1.Location Map 2.Certificate of Survey of Proposed Substation Expansion Area 3.Ariel Photo Showing Proposed Expansion Area 4.Letter from Xcel Energy dated March 23, 2009 5.City council minutes, May 11, 2009 PacketPageNumber46of266 PacketPageNumber47of266 Attachment 2 PacketPageNumber48of266 PacketPageNumber49of266 PacketPageNumber50of266 PacketPageNumber51of266 Attachment 5 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, May 11, 2009 Council Chambers, City Hall Meeting No. 10-09 L.NEW BUSINESS 7.Conditional Use Permit, Xcel Energy Tanners Lake Electrical Substation Expansion, 2500 Conway Avenue a.Planner, Michael Martin gave the report. i.Chris Rogers, Xcel Energy Minneapolis addressed and answered questions of the council. Mr. Rogers said a correction is that it should say feeder bay instead of transformer in the resolution. Councilmember Hjelle moved to adopt the resolutionapproving a conditional use permit for Xcel Energy to expand the Tanners Lake Substation located at 2500 Conway Avenue. The city bases this approval on the findings required by the ordinance. This approval is subject to the following conditions: CONDITIONAL USE PERMIT RESOLUTION 09-05-175 WHEREAS, Mr. Chris Rogers, representing Xcel Energy, applied for a conditional use permit for the expansion of the Tanners Lake Substation at 3M Center. WHEREAS, this permit applies to the property located at 2500 Conway Avenue. The legal description is: The West 50 feet of East 411.74 feet of South 86 feet of North 221.49 feet and West 167 feet of East 361.74 feet of South 201 feet of North 336.49 feet of Southwest ¼ of Section 36, Township 29, Range 22. WHEREAS, the history of this conditional use permit is as follows: 1.On April 21, 2009, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 2.On May 11, 2009, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit revision, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. PacketPageNumber52of266 Attachment 5 2.The use would not change the existing or planned character ofthe surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction and activities on the site shall follow the site and project plans dated March 26, 2009 as approved by the city. City staff may approve minor changes to these plans and the city council must approve major changes to the approved plans. 2.Any fence over six feet tall requires a building permit issued by the city. The city building official will require the submittal of a structural plan for the proposed fence approved by a registered engineer with the building permit materials. All slab installations for the proposed equipment will require a building permit as well. 3.Xcel Energy must start the installation of thenew feeder and associated site work within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4.The city council shall review this permit in one year. 5.Xcel Energy must obtain an easement from 3M Company for the proposed expansion. The Maplewood City Council approved this resolution on May 11, 2009. Seconded by Councilmember Rossbach. Ayes - All The motion passed. PacketPageNumber53of266 Agenda Item G.4 MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner DuWayne Konewko, Community Development and Parks Director SUBJECT: Environmental and Natural Resources Commission 2009 Annual Report DATE: May 4, 2010 for the May 10 City Council Meeting INTRODUCTION Annually the Environmental and Natural Resources Commission submits a report to the city council which outlines the actions and activities taken by the commission during the preceding year, recommendations needed to existing ordinances or policies based on past reviews, and goals envisioned for the upcoming year. The report serves as a means of relaying important information to the City Council on the Commission’s accomplishments and obtaining feedback on proposed goals. BACKGROUND On April 19, 2010, the Environmental and Natural Resources Commission adopted their 2009 Annual Report. RECOMMENDATION Review and adopt the attached 2009 Environmental and Natural Resources Commission 2009 Annual report. Attachment: Environmental and Natural Resources Commission 2009 Annual Report PacketPageNumber54of266 Attachment City of Maplewood Environmental and Natural Resources Commission 2009 Annual Report April 19, 2010 Preface The Environmental and Natural Resources (ENR) Commission is charged with protecting, preserving and enhancing the environment of the City of Maplewood. Members The ENR Commission consists of seven members appointed by the City Council. Membership terms are for three years, with extensions for additional terms approved by the City Council. The current membership is as follows: Board Member Membership Began Term Expires Bill Schreiner 06/09/08 09/30/11 Judith Johannesen 07/14/08 09/30/11 Dale Trippler 02/25/08 09/30/12 Randee Edmundson 02/08/10 09/30/12 Carole Lynne 11/27/06 09/30/13 Carol Mason Sherrill 11/27/06 09/30/13 Ginny Yingling 11/30/06 09/30/13 Frederica Musgrave completed her term on December 31, 2009. Randee Edmundson was appointed to fill the vacancy on February 8, 2010. Chair and Vice Chair Each year the commission appoints commissioners to serve as chair and vice chair of the commission. On April 19, 2010, the commission appointed Commissioner Trippler to be chair and Commissioner Schreiner to be vice chair. Meetings The ENR Commission’s meetings are held the third Monday of every month at 7:00 p.m. In 2009, the ENR Commission held 14 meetings. Twelve of those meetings were held during regularly scheduled dates, the other two were held during alternate dates to accommodate rescheduling or the addition of meetings. 2009 Attendance Commissioner Attendance Dale Trippler 14 of 14 Carol Mason Sherrill 13 of 14 Frederica Musgrave 13 of 14 Judith Johannesen 13 of 14 Carole Lynne 12 of 14 Ginny Yingling 12 of 14 Bill Schreiner 11 of 14 PacketPageNumber55of266 Reviews and Accomplishments 1.Rural Single Dwelling Resident District. Reviewed and made recommendations on the proposed conservation strategies for the new rural residential zoning district. 2. 2030 Comprehensive Plan. Reviewed and made recommendations on the final chapters of the plan including: a. Natural Resources Chapter b. Sustainability Chapter c. Surface Water Management Chapter 3. University of Minnesota Urban Tree Management Project. Reviewed, discussed, and made recommendations on the University of Minnesota’s Urban Tree Management Project. This project was undertaken by a group of graduate students studying Maplewood’s boulevard tree policies. The ENR Commission and the Community Design Review Board will refer to this study as they review and draft vegetation guidelines for city boulevards in 2010. 4.Eureka Recycling – Year-End Recycling Report 2008. Reviewed Eureka Recycling’s 2008 report and gave recommendations for the 2009 work plan. 5. Alternative Energy Ordinance. Originally called the Wind Turbine Ordinance, the commission chose to expand this ordinance to include all alternative energy sources. The commission will complete this work in 2010. 6. Ramsey County Groundwater Protection Plan. Ramsey County representatives attended a meeting and presented the plan. The commission reviewed and offered feedback on the plan. 7. Stormwater Management Enhancements at Spoon Lake Preserve and Kohlman Park. Reviewed and recommended approval of plans to construct stormwater management enhancements at Spoon Lake Preserve and Kohlman Park. 8.Silver Lake Improvement Association Request for Herbicide Treatment Funding for Silver Lake. The commission reviewed a study conducted by the Department of Natural Resources on the pilot project to eradicate Eurasian watermilfoil and curly leaf pondweed in Silver Lake. The commission recommended approval of partial funding for the herbicide treatments in Lake Silver. The DNR, county, watershed district and other adjacent cities also agreed to help fund the treatments. The funding covered herbicide treatment for the removal of curly leaf pondweed only in 2009. 9. Environmental Protection Ordinance (Slopes and Mississippi Corridor Critical Area). The commission continued their review of the city’s regulations pertaining to slopes and the Mississippi Corridor Critical Area. The commission toured areas of the city to see examples of slopes. Commissioner Yingling volunteered to serve on the Department of Natural Resources Mississippi Corridor Critical Area rulemaking task force. The commission will continue the review of slopes in 2010 and take up the review of the Mississippi Corridor Critical Area once the state’s rulemaking process is complete. 10. Emerald Ash Borer. The commission reviewed the Emerald Ash Borer issue and discussed preliminary plans for management of this tree disease. Emerald Ash Borer will have a big 2 PacketPageNumber56of266 impact on the city’s ash trees. As such, the commission will work closely with the city’s natural resource coordinator and tree inspector in 2010 to finalize an action plan to deal with this tree disease. 11.Storm Water Management. The commission reviewed and made recommendations on several aspects of storm water including the National Pollutant Discharge Elimination System Phase II Annual Report, implementation strategies for the Surface Water Management Plan, and began their review of the proposed storm water ordinance. 12. Capital Improvement Plan. The commission reviewed and gave recommendations on the city’s 2009 Capital Improvement Plan. 13. Trash Hauling. Minnesota Pollution Control Agency representatives gave a presentation on the agency’s waste and recyclable materials collection research. 14. Kohlman Lake Total Maximum Daily Load (TMDL) Report. A Ramsey-Washington Metro Watershed District representative gave a presentation on the Kohlman Lake TMDL study. Kohlman Lake was the first impaired lake in Maplewood studied by the watershed district. All other impaired lakes within the city will be studied by the watershed district in the coming years. 15. Energy Efficiency and Conservation Strategy. The commission assisted in the drafting of the Energy Efficiency and Conservation Strategy. 16. Chickens in Residential Zoning Districts. The commission and several citizens have expressed an interest in allowing chickens in residential zoning districts for the production of food. The commission began their research and review into this matter. The commission will continue this review in 2010, with a recommendation to the planning commission and city council on a proposed ordinance. 17. Commission Handbook. The commission reviewed the new Commission Handbook adopted by the city council in 2009. 18. Eureka Recycling Contract Amendment. The commission reviewed and made a recommendation on Eureka Recycling’s proposed contract amendment to convert from a per ton to a per household collection rate. 19. Wetland Ordinance. The commission reviewed the final version of the wetland ordinance prior to adoption of the ordinance by the City Council in December 2009. 20. Maplewood 2010 Street Project – Hills and Dale Neighborhood. The commission reviewed the preliminary plans for the city’s 2010 street project and gave recommendations on environmental aspects of the project. 21. Fish Creek Natural Area Greenway Ad-Hoc Commission. The commission reviewed the final Fish Creek Natural Area Greenway Ad-Hoc Commission report with recommendations for preserving and protecting land in south Maplewood. 3 PacketPageNumber57of266 Outside Activities 1. Waterfest 2. Community Development and Parks Tour 3. National Night Out Recycling Bin Distribution 4. Collaborative Joy Park Buckthorn Removal Project 5. Slope Tour 6. Spring and Fall Clean Ups Goals During the ENR Commission’s March 24, 2010, Goal Setting Meeting, the commission came up with three main goals they would like to focus on in 2010 including: 1. Trash Hauling (Organized Collection) 2. Greenways 3. Neighborhood Environmental Groups On April 19, 2010, the commission created subcommittees to assist in the implementation of these goals, with two to three commissioners appointed to each subcommittee (Organized Collection – Commissioners Trippler, Lynne, Schreiner; Greenways – Commissioners Yingling and Johannesen; Neighborhood Environmental Groups – Commissioners Mason Sherrill, Edmundson, and Johannesen). The subcommittees will conduct research, interviews, and assist staff in review of the goals and report back to the full commission. The full commission will make recommendations on any policies proposed for these goals. Conclusion The ENR Commission will continue to carry out the mission of the commission as follows: 1. Establish environmental priorities for the city. 2. Make recommendations on policies, procedures and ordinances that control, protect, preserve, and enhance the city’s environmental assets. 3. Participate in the mission and goal of the Maplewood Nature Center and Neighborhood Preserves. 4. Promote greater use and appreciation of the city’s environmental assets. 5. Sponsor environmental projects to enhance, repair, replace, or restore neglected or deteriorating environmental assets of the city. 6. Develop educational programs that foster the mission of the commission. 7. Develop and promote sustainable practices for city policies and procedures. 4 PacketPageNumber58of266 Agenda Item H1 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Love, Assistant City Engineer Jon Jarosch, Civil Engineer I SUBJECT: Hills and Dales Area Street Improvements, Project 09-15 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution Receiving Bids and Awarding Construction Contract d. Enter Into Agreement With Property Owner At 2057 Duluth Street For Easement Acquisition and Garage Replacement DATE: May 4, 2010 INTRODUCTION All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at, or prior to, the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the May 24, 2010 council meeting and consider approving the attached resolution adopting the assessment roll less those property owners who have submitted objections. The council will also consider awarding a construction contract and approving an agreement with a homeowner for easement acquisition and garage replacement. BACKGROUND The proposed Hills and Dales Area Improvement Project includes the reconstruction of two areas as illustrated on the attached project location maps.Area #1 is generally bounded by State Trunk Highway No. 36 to the north, English Street to the east, the Gateway Trail to the south, and Keller Golf Course to the west. Area #2 is generally bounded by Holloway Avenue to the north, McKnight Road to the east, Larpenteur Avenue to the south, and Beebe Road to the west. The reconstruction includes the installation of a new street section with concrete curb and gutter, storm sewer installations, the replacement of sections of water main, sanitary sewer main and service repairs, and the installation of storm water treatment features. The feasibility report for Area #1 was ordered at the August 10, 2009 city council meeting. The scope of the feasibility study was modified to add Area #2 at the September 14, 2009 regular city council meeting. On January 11, 2010 the city council accepted the feasibility report and ordered the public hearing. The public hearing notice was published twice and notice was sent to the property owners. The project was then ordered and preparation of plans and specifications were authorized at the January 25, 2010 council meeting after the public hearing was conducted. On March 22, 2010 the city council approved the plans, authorized to advertise for bids, and ordered the preparation of the assessment roll. On April 12, 2010 the city council accepted the assessment roll and called for the assessment hearing. The notice was published twice in the newspaper and was mailed to the property owners as required by Minnesota State Statute 429. PacketPageNumber59of266 Agenda Item H1 ASSESSMENTS Assessments are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate as outlined in the City’s Assessment Policy. The method of assessment is the same as was outlined in the feasibility study. The proposed assessments will be for costs relating to the street and utility improvements. It is important to note that the assessment amount proposed against each property must translate into a direct benefit to the property. The assessment rates for street and storm are shown below: Residential Rates: $4,950 / unit for partial street reconstruction (replacing/repairing existing concrete curb and gutter) $6,600 / unit for full street reconstruction (adding concrete curb and gutter) $1,090 / unit for storm sewer assessment (one-time assessment) Multi-Family Rates: $99 / front-foot for partial street reconstruction (replacing/repairing existing concrete curb and gutter) $132 / front-foot for full street reconstruction (adding concrete curb and gutter) $21.80 / front-foot for storm sewer assessment (one-time assessment) There are 337 assessable residential units within the project area. There are 2 multi-family lots, each with apartment buildings, which will be assessed on a front footage basis. Properties located on Cope Court and Atlantic Street north of Cope Court with existing concrete curb and gutter will be assessed at the partial reconstruction amount. Properties on streets without existing concrete curb and gutter, all project streets except Cope Court and Atlantic Street north of Cope Court, will be assessed at the full reconstruction amount. There are 195 properties that will be assessed the standard one-time storm sewer assessment as part of this project. All properties previously fully assessed for storm sewer as part of past projects will not be assessed for storm sewer as it is a one-time assessment. The proposed assessments for the Hills and Dales Area Street Improvements total $2,577,060.81. A copy of the assessment roll is provided as a supplement to this report. ASSESSMENT OBJECTIONS FILED As of April 30, 2010 staff has received the following objections to the proposed assessments: a. Parcel 092922440077– Amy and Bryan Wallace; 1233 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wallace are requesting that the assessment be cancelled due to financial hardship and do not believe the street reconstruction is warranted at this time. b. Parcel 142922440083 – Patricia A. McDonough; 1750 Howard Street N. It is currently proposed that the property be assessed for 1 unit (street and storm). Ms. McDonough is requesting that the assessment be revised to exclude the storm sewer assessment as she had to pay for additional storm sewer to be installed at the time her house was constructed. c. Parcel 092922430024 – Michael and Sue Wilke; 1152 County Road B E. It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wilke are requesting that the assessment be deferred as undeveloped property and have stated that this area is their backyard and they have no plans on developing this property. PacketPageNumber60of266 Agenda Item H1 Staff will review all objections and provide the city council recommendations for motion at the May 24, 2010 city council meeting. Objections will be received up to and as part of the assessment hearing on May 10, 2010. Once the hearing is closed, no further objections will be considered. AWARDING CONSTRUCTION CONTRACT Final plans and specifications for the Hills and Dales Area Street Improvements were approved by the city council on March 22, 2010 and authorization was given to advertise for bids. Those bids were received and subsequently opened on Tuesday, May 4, 2010. Background The following 5 valid bids were received. The bid form included four bid alternates. Table 1 summarizes the bids that were received and read aloud on May 4, 2010. TABLE 1: BASE BID SUMMARY ContractorBase Bid Bid Alt 1Bid Alt 2Bid Alt 3Bid Alt 4 1T.A. Schifsky & Sons, Inc.$5,152,777.90$69,340.64$100,211.50$14,206.74$48,785.02 2Hardrives, Inc.$5,481,929.12$79,385.00$97,274.50$13,796.50$41,700.81 3Palda & Sons, Inc.$5,522,685.23$158,536.00$97,274.50$84.00$64,269.99 4Veit Company, Inc.$5,940,361.95$90,545.00$135,286.00$65,306.75$48,230.00 5North Valley, Inc.$6,324,129.61$101,218.80$103,670.09$17,510.58$47,809.61 Engineer's Estimate$5,854,931.85$203,903.00$123,375.00-$8,269.00$36,280.00 All bids have been checked and tabulated. The engineer’s estimate for the work has been provided on the bottom row of Table 1 for comparison. Bid Alternate #1 – Duluth Street Alternate Design along Duluth Street and Atlantic Street south of Bid Alternate #1 is an alternative storm sewer design Junction Avenue that entails the construction of boulevard rainwater gardens, an alternative road profile, and modified storm sewer layout. These rainwater gardens differ from the traditional rainwater garden program in that they are larger, incorporate natural stone retaining walls, and feature a planting layout developed by a landscape architect to create a “streetscape” along these streets. This alternate design was developed not only as a storm water quality feature but as a neighborhood landscape enhancement as well. Staff held a neighborhood meeting and is attempting to visit with all the residents potentially affected by this alternate design. Staff is continuing to solicit further resident feedback on this th alternate design and will make its recommendation at the Council meeting on May 10. Bid Alternate #2 – Sanitary Sewer Main Lining (Outside of Project Area) Sanitary sewer main lining is performed in the City on a yearly basis as areas needing remediation are identified. In the past these lining projects have been coordinated by the sanitary sewer division of the Public Works department as individual projects. These areas were bid as an alternate to this street reconstruction project to assess whether or not a cost savings could be achieved by incorporating the sanitary sewer lining work into a larger project. The bid of $100,211.50 by T.A. Schifsky and Sons, Inc. is approximately 19% less than the engineer’s estimate representing a cost savings for the sanitary . sewer main lining. Staff is recommending awarding Bid Alternate #2 Bid Alternate #3 – Substituting HDPE Pipe for Reinforced Concrete Pipe Included as Bid Alternate #3 was the substitution of high density polyethylene pipe (HDPE) for reinforced concrete (RC) pipe. This was done to assess whether or not a cost savings could be realized in the current market by substituting HDPE pipe for RC pipe. After reviewing the bid prices it was found not that RC concrete pipe would be less expensive. Staff is recommending awarding Bid Alternate #3. PacketPageNumber61of266 Agenda Item H1 Bid Alternate #4 – County Road B Infiltration Area During the design phase of this project city staff, in coordination with the Ramsey-Washington Metropolitan Watershed District (RWMWD), recognized an opportunity to provide storm water quality treatment for a large area that drains to Keller Lake. Bid alternate #4 includes the construction of an infiltration basin within an easement on the Keller Golf Course Property. The RWMWD has agreed to finance the costs associated with Bid Alternate #4 and has asked the City to consider awarding this bid alternate. Staff is recommending award of Bid Alternate #4. Summary after Bid Alternate Recommendations Based on the recommendations above, staff believes that it is in the best interest of the City to award the construction contract for the Hills and Dales Area Street Improvements based on the bids for the Base Bid contract work plus Bid Alternate #2 and Bid Alternate #4. Table 2 is a summary of the Base Bid and Bid Alternate #2 and Bid Alternate #4. The engineer’s estimate for the Base Bid + Bid Alternate 2 + Bid Alternate 4 is $6,014,586.85. The low bid from T.A. Schifsky & Sons, Inc. of $5,301,774.42 is approximately 12% less than the engineer’s cost estimate. The low bid prices reflect the continuing competitive nature in the construction market. The city has worked successfully with T.A. Schifsky & Sons, Inc. in the past; most recently being the prime contractor on the Castle Avenue Improvements, City Project 08-12, and the County Road D Improvements, City Project 08-20. The type of contract work that the Hills and Dales Area Street Improvements provide is suited for the type of construction that T.A. Schifsky & Sons, Inc. usually contracts. AGREEMENT The final discharge point for the storm sewer in the south half of Area #1 is through an existing corrugated metal pipe that lies within a 12-foot-wide easement between 2049 and 2057 Duluth Street. During the design process it was discovered that the existing pipe is made of two different sized corrugated metal pipes, part arch pipe and part round pipe, held together by a custom made adaptor. Televising reports show the bottom of the pipes has rusted away and they are in need of replacement. Due to the fact this outlet is made of different sized pipes which are in very poor condition the option of lining the existing pipe is not practical. Staff took into account several factors while considering design solutions including: cost future maintenance of the pipe substandard easement width the limited space between garage and existing home removal of the existing pipe could undermine the garage on 2057 Duluth Street realignment of a new sewer pipe within the existing 12-foot-wide easement would place the new pipe too close to the house foundation of 2049 Duluth Street PacketPageNumber62of266 Agenda Item H1 Staff is recommending the removal of the existing garage located at 2057 Duluth Street, which will allow for the complete removal of the existing corrugated metal storm sewer pipe, and to enter into an agreement with the property of 2057 Duluth Street whereby the owner will dedicate an additional 8 foot drainage and utility easement to the City. The City will, as part of the agreement, reimburse the owner for costs associated with temporary storage of garage items, compensation for replacement cost for the garage, and compensation cost for reconstruction of a bituminous driveway. The city attorney has reviewed the agreement and the owner of 2057 Duluth Street has signed the agreement as of April 26, 2010. The cost associated with the proposed agreement will be covered by indirect costs built into the public improvement project. No budget adjustments are anticipated at this time. BUDGET The proposed assessments are part of the project financing plan, approved in January, 2010. Any assessments that are ultimately revised would have an impact on the tax levy. No changes to the budget are anticipated at this time. There would be no impact to the approved budget based on the above recommendations. The bid falls within the approved construction cost for the capital improvement plan budget for the Hills and Dales Area Street Improvements and similarly falls within the estimated construction cost established in the feasibility study. RECOMMENDATION It is recommended that the city council approve the attached Resolution for Adopting the Assessment Roll for the Hills and Dales Area Street Improvements, City Project 09-15, adopt the Resolution Receiving Bids and Awarding Construction Contract for the Hills and Dales Area Street Improvements, City Project 09-15, approve the agreement with the property owner at 2057 Duluth Street, and authorize the Mayor and City Manager to sign the agreement with the property owner at 2057 Duluth . Street Attachments: 1. Resolution: Adopting Assessment Roll 2. Resolution: Receiving Bids and Awarding Construction Contract 3. Assessment Roll 4. Location Map 5. Objection Letters 6. Agreement PacketPageNumber63of266 Agenda Item H1 Attachment 1 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 12, 2010, calling for a Public Hearing, the assessment roll for the Hills and Dales Area Street Improvements, City Project 09-15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 092922440077– Amy and Bryan Wallace; 1233 Leland Road It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wallace are requesting that the assessment be cancelled due to financial hardship and do not believe the street reconstruction is warranted at this time. b. Parcel 142922440083 – Patricia A. McDonough; 1750 Howard Street N. It is currently proposed that the property be assessed for 1 unit (street and storm). Ms. McDonough is requesting that the assessment be revised to exclude the storm sewer assessment as she had to pay for additional storm sewer to be installed at the time her house was constructed. c. Parcel 092922430024 – Michael and Sue Wilke; 1152 County Road B E. It is currently proposed that the property be assessed for 1 unit (street only). Mr. and Mrs. Wilke are requesting that the assessment be deferred as undeveloped property and have stated that this area is their backyard and they have no plans on developing this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 24, 2010, as to their recommendations for adjustments. 2. The assessment roll for the Hills and Dales Area Street Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential properties and 8 years for commercial properties, the first installments to be payable on or before the first Monday in January 2011 and shall bear interest at the rate of 5.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2010. To each subsequent installment when due shall be added interest for one year on all unpaid installments. PacketPageNumber64of266 Agenda Item H1 Attachment 1 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2010, pay the whole or partial (25% minimum) of the assessment on such property, with interest accrued to the date of the payment, to the city clerk (the city will accept no more than (2) payments), except that no interest shall be charged on the amount paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2010, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2010, but no later than October 15, 2010, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. th Adopted by the Maplewood City Council on this 10 day of May, 2010. PacketPageNumber65of266 Agenda Item H1 Attachment 2 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky & Sons, Inc. in the amount of $5,301,774.42 is the lowest responsible bid for the construction of Hills and Dales Area Street Improvements – City Project 09-15, and the mayor and city manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. AND, the finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by council. th Adopted by the Maplewood City Council on this 10 day of May, 2010. PacketPageNumber66of266 PENDING ASSESSMENT ROLL Agenda Item H1 CITY PROJECT 09-15 Attachment 3 MULTI-FAMILY RESIDENTIALSTORMSTREETTOTAL Parcel IDTAXPAYERStreet NumberStreetFRONT UNITSASSESSMENTASSESSMENTASSESSMENT FOOTAGE 162922110079KEVIN D FLANDERS2108ATLANTIC ST N01$1,090.00$6,600.00$7,690.00 162922110078ROBERT J YUNKER2114ATLANTIC ST N01$1,090.00$6,600.00$7,690.00 162922110099ESTHER D OLSON2117ATLANTIC ST N01$1,090.00$6,600.00$7,690.00 162922110077TAI THAO2120ATLANTIC ST N01$1,090.00$6,600.00$7,690.00 162922110076GERALD J HANGGI2126ATLANTIC ST N01$1,090.00$6,600.00$7,690.00 162922110098ROBERT B FLETCHER2127ATLANTIC ST N01$1,090.00$6,600.00$7,690.00 162922110075CONNIE JOHNSON2132ATLANTIC ST N01$1,090.00$6,600.00$7,690.00 162922110074CORINNE M CRAWFORD2142ATLANTIC ST N01$1,090.00$6,600.00$7,690.00 162922110095MICHAEL R MORRISON2145ATLANTIC ST N01$0.00$6,600.00$6,600.00 092922440122GEORGE MEYER GUTHMAN2171ATLANTIC ST N02$0.00$13,200.00$13,200.00 092922440158MAHENDRA T PERSAUD2275ATLANTIC ST N180.30$0.00$23,799.60$23,799.60 162922110060NENG MOUA1200BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110059RICHARD J SMITH1206BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110082DORIS E RUSSO1207BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110058KENNETH C HILL1210BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110083NHIA YANG1213BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110057JESSICA AREND1216BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110084JAMES E EDENS1219BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110056JAMES E DAHLQUIST1220BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110085BARRY J ENGELDORF1225BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110055DAVID R JERUSAL1226BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110054RICHARD J ASP1230BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110086HEATHER LEIGH JONES1233BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110053MICHAEL J CHURCHICH1240BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110087DANIEL ODEGARD1241BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110052JAMES F DOMAGALL1256BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110022JOHN L GALLAGHER1259BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110051LOUIS BIRCHEM1262BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110023MARY A MCLANE1265BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110050RICHARD O STEDMAN1268BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110024STEVEN A MUELLER1271BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110025WILLIAM J LEE1279BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110039WA MENG VANG1280BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110026FAYE R PETERSON1285BELMONT LN E01$1,090.00$6,600.00$7,690.00 162922110073SALVADOR A MORALES ESCOBAR1244BURKE AVE E01$1,090.00$6,600.00$7,690.00 162922110007CLARENCE MANKE1249BURKE AVE E01$1,090.00$6,600.00$7,690.00 162922110008MENG VANG1257BURKE AVE E01$1,090.00$6,600.00$7,690.00 162922110009KENNETH R WELK1265BURKE AVE E01$1,090.00$6,600.00$7,690.00 162922110010DENNIS D KRIEGER1271BURKE AVE E01$1,090.00$6,600.00$7,690.00 162922110019TIMOTHY A JAAFARU1272BURKE AVE E01$1,090.00$6,600.00$7,690.00 162922110011KEVIN P GUTHE1277BURKE AVE E01$1,090.00$6,600.00$7,690.00 162922110018RICHARD J NOWICKI1278BURKE AVE E01$1,090.00$6,600.00$7,690.00 162922110012ANDREW MEYSEMBOURG1283BURKE AVE E01$1,090.00$6,600.00$7,690.00 162922110017JAMES A MORELLI1284BURKE AVE E01$1,090.00$6,600.00$7,690.00 162922110037NHI HA2066CHAMBERS ST01$1,090.00$6,600.00$7,690.00 162922140064NANCY M EMBERTSON1996CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922140065JOYCE JURMU2000CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922140027JASON D BRENHOFER2001CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922140028CAMREN L JOHNSON2007CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922140029MICHAEL R SCHWINTEK2013CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922140005RICHARD C MAY2014CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922140030LAURA P ZABROWSKI2021CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922140006THOMAS A HALE2022CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922140009DALE R MUELLNER2027CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922140007DREW S WHITSON2028CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922140008JENNIFER MCGEEHAN2036CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922110034JOSHUA C SUNNARBORG2044CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922110049MICHAEL A KAGER2047CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922110035LORRAINE M GRUBER2050CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922110040ROGER J ROUSSLANG2055CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922110036SUSAN D GRANDELL2058CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922110038ROBERT D TARNOWSKI2072CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922110021JANA R GUGGISBERG2108CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922110088HARRY M SCHMIDT2115CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922110072PAUL B WHITE2127CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 162922110020RICHARD W KASPRZAK SINGLE2128CHAMBERS ST N01$1,090.00$6,600.00$7,690.00 092922410018RICHARD L MILLER1233COPE AVE E01$0.00$4,950.00$4,950.00 092922440143BEE YANG1244COPE AVE E01$0.00$4,950.00$4,950.00 092922440144FRANK J WEGLEITNER1252COPE AVE E01$0.00$4,950.00$4,950.00 092922440145SIMON HER1260COPE AVE E01$0.00$4,950.00$4,950.00 092922440146GARY J FLASCH1268COPE AVE E01$0.00$4,950.00$4,950.00 092922440147THOMAS M SHOCK1276COPE AVE E01$0.00$4,950.00$4,950.00 092922440148ROGER A FRANZ1282COPE AVE E01$0.00$4,950.00$4,950.00 092922430016JAY C STUTSMAN1108COUNTY ROAD B E01$0.00$6,600.00$6,600.00 092922430018WILLIAM H SKADDEN1112COUNTY ROAD B E01$0.00$6,600.00$6,600.00 092922430024MICHAEL E WILKE1152COUNTY ROAD B E01$0.00$6,600.00$6,600.00 092922440038COUNTRYWIDE HOME LOANS1187COUNTY ROAD B E01$0.00$6,600.00$6,600.00 092922440032EMILY M ARMISTEAD1233COUNTY ROAD B E01$0.00$6,600.00$6,600.00 092922440069PEGGY J THOMASON1246COUNTY ROAD B E01$0.00$6,600.00$6,600.00 092922440054US BANK NAT ASSOCIATION1247COUNTY ROAD B E01$0.00$6,600.00$6,600.00 092922430034DEBORAH A PENDERGAST2160DAY RD N01$0.00$6,600.00$6,600.00 092922430037RAYMOND C WANLESS2170DAY RD N01$0.00$6,600.00$6,600.00 092922430039JOSEPH M VIGNALO 2195DAY RD N01$0.00$6,600.00$6,600.00 092922430017JANET M BECKER2199DAY RD N01$0.00$6,600.00$6,600.00 162922110106ALICIA L MEYER2119DULUTH PL N01$1,090.00$6,600.00$7,690.00 162922110100DONALD YOLEME OGIDI2122DULUTH PL N01$1,090.00$6,600.00$7,690.00 162922110105ERIC ANTHONY WEISSER2125DULUTH PL N01$1,090.00$6,600.00$7,690.00 162922110104SHIRLEY M HEROFF2133DULUTH PL N01$0.00$6,600.00$6,600.00 PacketPageNumber67of266 PENDING ASSESSMENT ROLL Agenda Item H1 CITY PROJECT 09-15 Attachment 3 MULTI-FAMILY RESIDENTIALSTORMSTREETTOTAL Parcel IDTAXPAYERStreet NumberStreetFRONT UNITSASSESSMENTASSESSMENTASSESSMENT FOOTAGE 162922110101THOMAS R MAIER2134DULUTH PL N01$0.00$6,600.00$6,600.00 162922110102DENNIS J CLARK2140DULUTH PL N01$0.00$6,600.00$6,600.00 162922140050GARY J HUNT1981DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922140019DOLLY PALACIO ROA1988DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922140049RUSSELL D BIRKHOLZ1989DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922140018DAVID L GRUPA1994DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922140048WAYNE A NELSON1995DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922140047TIMOTHY K ANDERSON2001DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922140017RAYMOND RICHARD DECKER2002DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922140046GREGORY R VOLKERS2009DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922140045KENNETH G DUFNER2017DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922140044RANDAL B GIESECKE2023DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922140038MARY C MULLANE2026DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922140043JOHN J MCNULTY2029DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922140039GEORGE F TAIT TRUSTEE OF2032DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922140042MATTHEW S BRAKE2037DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110115MARGARET CHALKLINE2043DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110062CHARLES G ROHRBACH2048DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110114JOSEPH W LINDER2049DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110113MARGARET J FETT2057DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110061ONA S FONTAINE2058DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110112LUE YANG2065DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110111JEFFREY M HAFNER2071DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110110STEPHEN J MUZIKAR2079DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110081GARY FRANK JOHNSON2082DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110108MICHAEL A MANOS2085DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110109GALEN JOHN PECK2091DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110080ROSS METZ2092DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110116KEITH D CAMERON2099DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110107PAUL D ANDERSON2105DULUTH ST N01$1,090.00$6,600.00$7,690.00 162922110120SAMUEL P SCHMITZ2137DULUTH ST N01$0.00$6,600.00$6,600.00 092922440086REBECCA T GURROLA2210DULUTH ST N01$0.00$6,600.00$6,600.00 092922430005STEVEN J REMICK2223DULUTH ST N01$0.00$6,600.00$6,600.00 092922430004CECILIA A JUNGMAN2233DULUTH ST N01$0.00$6,600.00$6,600.00 092922440039TOU KONG2242DULUTH ST N01$0.00$6,600.00$6,600.00 092922440024DONALD E FOSTER2254DULUTH ST N01$0.00$6,600.00$6,600.00 092922430003GORDON W ANDERSON 2255DULUTH ST N01$0.00$6,600.00$6,600.00 162922110119PAUL J STERZINGER1184JUNCTION AVE E01$0.00$6,600.00$6,600.00 092922440126JEFFREY A BAUER1187JUNCTION AVE E01$0.00$6,600.00$6,600.00 092922440125ANDREW T GIOINO1195JUNCTION AVE E01$0.00$6,600.00$6,600.00 162922110090JASON M TILLGES1200JUNCTION AVE E01$0.00$6,600.00$6,600.00 092922440130JOHN M LAVALLE1201JUNCTION AVE E01$0.00$6,600.00$6,600.00 092922440156SHERYL L SOBASKI1205JUNCTION AVE E01$0.00$6,600.00$6,600.00 162922110091WADE A GREEN1208JUNCTION AVE E01$0.00$6,600.00$6,600.00 092922440124WARREN D HIGGINS1213JUNCTION AVE E01$0.00$6,600.00$6,600.00 162922110092SEAN M KAZOS1216JUNCTION AVE E01$0.00$6,600.00$6,600.00 162922110093HENRY H SCHUETTE1224JUNCTION AVE E01$0.00$6,600.00$6,600.00 092922440123KEITH J HANSON1225JUNCTION AVE E01$0.00$6,600.00$6,600.00 162922110094AUDREY E LERDAHL1232JUNCTION AVE E01$0.00$6,600.00$6,600.00 092922440112TERRENCE J GARRITY1247JUNCTION AVE E01$0.00$6,600.00$6,600.00 162922110006MICHAEL DONAHUE1250JUNCTION AVE E01$1,090.00$6,600.00$7,690.00 092922440111JEREMY STOCK1255JUNCTION AVE E01$0.00$6,600.00$6,600.00 162922110005JON S DWORAK1260JUNCTION AVE E01$1,090.00$6,600.00$7,690.00 092922440110PA THAO1263JUNCTION AVE E01$0.00$6,600.00$6,600.00 162922110004HARRIS C RIVARD1268JUNCTION AVE E01$1,090.00$6,600.00$7,690.00 092922440109PAMELA J STACK1271JUNCTION AVE E01$0.00$6,600.00$6,600.00 162922110003KENNETH M NELSON1276JUNCTION AVE E01$1,090.00$6,600.00$7,690.00 092922440108PEGGY A JERUSAL1277JUNCTION AVE E01$0.00$6,600.00$6,600.00 162922110002ROY L WILLETT1282JUNCTION AVE E01$1,090.00$6,600.00$7,690.00 092922440107JAMIE R BRUNOTTE1285JUNCTION AVE E01$0.00$6,600.00$6,600.00 092922440040THOMAS GOULDING1192LARK AVE E01$0.00$6,600.00$6,600.00 092922440023MICHAEL J DONNER1193LARK AVE E01$0.00$6,600.00$6,600.00 092922440022KIRK O SMITH1199LARK AVE E01$0.00$6,600.00$6,600.00 092922440041EDWARD J ZIEBOL1200LARK AVE E01$0.00$6,600.00$6,600.00 092922440021JACOB JEPSON1203LARK AVE E01$0.00$6,600.00$6,600.00 092922440042EUGENE F BRUNJES1208LARK AVE E01$0.00$6,600.00$6,600.00 092922440020DAVID J GOETZKE1209LARK AVE E01$0.00$6,600.00$6,600.00 092922440043SPENCER PEHAM1214LARK AVE E01$0.00$6,600.00$6,600.00 092922440019TYRONE EVANS1215LARK AVE E01$0.00$6,600.00$6,600.00 092922440044HERBERT C YOCH1216LARK AVE E01$0.00$6,600.00$6,600.00 092922440018POLLY A ROUTZAHN1221LARK AVE E01$0.00$6,600.00$6,600.00 092922440045RUDOLPH F UNGAR1224LARK AVE E01$0.00$6,600.00$6,600.00 092922440017STEVEN H LITTLE1227LARK AVE E01$0.00$6,600.00$6,600.00 092922440046MELISSA J LILJEDAHL1232LARK AVE E01$0.00$6,600.00$6,600.00 092922440016TWIN CITIES HMONG ALLIANCE CH1233LARK AVE E01$0.00$6,600.00$6,600.00 092922440055ELIZABETH A MORRISON1248LARK AVE E01$0.00$6,600.00$6,600.00 092922440159KURT FECHTER1251LARK AVE E01$0.00$6,600.00$6,600.00 092922440056ANGEL R REYNOSO1254LARK AVE E01$0.00$6,600.00$6,600.00 092922440140PAO VANG1259LARK AVE E01$0.00$6,600.00$6,600.00 092922440057AMBER FISCHER1260LARK AVE E01$0.00$6,600.00$6,600.00 092922440139TONG HER1265LARK AVE E01$0.00$6,600.00$6,600.00 092922440058ARNOLD R OMATH1270LARK AVE E01$0.00$6,600.00$6,600.00 092922440138CHAI S THAO1273LARK AVE E01$0.00$6,600.00$6,600.00 092922440059CHARLES E DOBIHAL1276LARK AVE E01$0.00$6,600.00$6,600.00 092922440137KOURY TOOMEY1279LARK AVE E01$0.00$6,600.00$6,600.00 092922440060WALTER P LINDEMAN1284LARK AVE E01$0.00$6,600.00$6,600.00 092922440002BERET POPPA1287LARK AVE E01$0.00$6,600.00$6,600.00 92922430028MARY C PUGACZEWSKI0LELAND RD E01$0.00$6,600.00$6,600.00 PacketPageNumber68of266 PENDING ASSESSMENT ROLL Agenda Item H1 CITY PROJECT 09-15 Attachment 3 MULTI-FAMILY RESIDENTIALSTORMSTREETTOTAL Parcel IDTAXPAYERStreet NumberStreetFRONT UNITSASSESSMENTASSESSMENTASSESSMENT FOOTAGE 092922430019PAUL F BAUDE1117LELAND RD E01$0.00$6,600.00$6,600.00 092922430038RONALD R KENDRICK1120LELAND RD E01$0.00$6,600.00$6,600.00 092922430036WILLIAM S ADAMS1126LELAND RD E01$0.00$6,600.00$6,600.00 092922430020ROGER C BREMER1129LELAND RD E01$0.00$6,600.00$6,600.00 092922430035CLIFFORD J MCGINNIS1134LELAND RD E01$0.00$6,600.00$6,600.00 092922430023NANCY B FOX1135LELAND RD E01$0.00$6,600.00$6,600.00 092922430033KENNETH H BJORK1140LELAND RD E01$0.00$6,600.00$6,600.00 092922430032SHAWN P JENSEN1152LELAND RD E01$0.00$6,600.00$6,600.00 092922430031BETTY J OIEN1160LELAND RD E01$0.00$6,600.00$6,600.00 092922430025RICHARD L FOSSE1161LELAND RD E01$0.00$6,600.00$6,600.00 092922430030PAUL BABIN1170LELAND RD E01$0.00$6,600.00$6,600.00 092922430029JACOB D SARRACK1172LELAND RD E01$0.00$6,600.00$6,600.00 092922440085VIVIAN M IGWACHO1187LELAND RD E01$0.00$6,600.00$6,600.00 092922440127ROGER B OLSEN1190LELAND RD E01$0.00$6,600.00$6,600.00 092922440128ROSS W ELLWANGER1194LELAND RD E01$0.00$6,600.00$6,600.00 092922440084BETTY EDDY1197LELAND RD E01$0.00$6,600.00$6,600.00 092922440129ROBERT J SMITH1200LELAND RD E01$0.00$6,600.00$6,600.00 092922440083MITCHELL MILES MULLIGAN1201LELAND RD E01$0.00$6,600.00$6,600.00 092922440082PETER P SARNE1205LELAND RD E01$0.00$6,600.00$6,600.00 092922440157LORRAINE A HUSS1206LELAND RD E01$0.00$6,600.00$6,600.00 092922440081CLAYTON E VESEL1211LELAND RD E01$0.00$6,600.00$6,600.00 092922440132DAVID T BREWITZ1212LELAND RD E01$0.00$6,600.00$6,600.00 092922440080PAULA M MCALLISTER1215LELAND RD E01$0.00$6,600.00$6,600.00 092922440133FEDERAL HOME LOAN MTG CORP1218LELAND RD E01$0.00$6,600.00$6,600.00 092922440079NEAL ALAN LEWIS1221LELAND RD E01$0.00$6,600.00$6,600.00 092922440134EARL E WEIBEL1222LELAND RD E01$0.00$6,600.00$6,600.00 092922440078PAUL T SCHAEFER1227LELAND RD E01$0.00$6,600.00$6,600.00 092922440135ARIEL C PADILLA1228LELAND RD E01$0.00$6,600.00$6,600.00 092922440136BRADLEY A KELBE1232LELAND RD E01$0.00$6,600.00$6,600.00 092922440077BRYAN WALLACE1233LELAND RD E01$0.00$6,600.00$6,600.00 092922440076JAY R GRUETT1237LELAND RD E01$0.00$6,600.00$6,600.00 092922440113ROBERT W HART1246LELAND RD E01$0.00$6,600.00$6,600.00 092922440068JERRY L MARKIE1247LELAND RD E01$0.00$6,600.00$6,600.00 092922440067TEGEITU WORKU1251LELAND RD E01$0.00$6,600.00$6,600.00 092922440114MARVEL J GARDNER1252LELAND RD E01$0.00$6,600.00$6,600.00 092922440115TROY M GLAUS1260LELAND RD E01$0.00$6,600.00$6,600.00 09292244006644 1840XR BATTISTA LLC1261LELAND RD E01$0.00$6,600.00$6,600.00 092922440065JAMES J WULFING1263LELAND RD E01$0.00$6,600.00$6,600.00 092922440116ROBERT J JOHNSON1268LELAND RD E01$0.00$6,600.00$6,600.00 092922440117EDWARD J KOENIG1276LELAND RD E01$0.00$6,600.00$6,600.00 092922440064JAMES L KEMP 1277LELAND RD E01$0.00$6,600.00$6,600.00 092922440118DAVID J SCHMIDT1284LELAND RD E01$0.00$6,600.00$6,600.00 092922440063LARRY JASINSKI1285LELAND RD E01$0.00$6,600.00$6,600.00 162922140052MICHAEL J HERRON1106RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140051PAUL W WOODWARD1110RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140053RAYMOND E TROTTER1202RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140054BERNARD E KELCHER1210RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140020G W RASMUSSEN1211RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140055MARGARET M BARR1216RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140021DONAVAN & COGAN1219RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140056STEPHEN M OERTER1224RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140022REID E ANDERSON1227RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140057MILLARD B ODEAN1230RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140023BRIGITTE E DEEG1233RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140058KAY STACK1236RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140024SAO XIONG1241RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140059RICHARD L PELOQUIN1244RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140025GLORIA A JOHNSON1249RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140060TIMOTHY S KERSHAW1250RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140026DOROTHY H MILLER1255RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140061ERIC ANDRUS1258RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140062ROGER W ZENTZIS1264RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140063STEVEN E GARBERS1270RYAN AVE E01$1,090.00$6,600.00$7,690.00 162922140037KENNETH J SASIK1203SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140016MARJORIE A JONES1210SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140036CHRISTOPHER R SAGER1211SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140015PHILIP A DEZELAR1216SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140035KEVIN PURINTON1219SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140014JOHN M VRUNO1222SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140034RICHARD URBANIAK1225SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140013JAMES A KABITZ1226SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140033DAVID GOBLIRSCH1231SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140012MEGAN NELSON1232SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140032MARY ANN GRUBER1237SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140011KENNETH V COLLINS1238SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140031DREW S WHITSON1243SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140010DREW S WHITSON1246SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922110047JAMES E SEXTON1249SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922110048VINCENT RODRIGUEZ1255SHRYER AVE E01$1,090.00$6,600.00$7,690.00 162922140040STEVEN M GUNN1206SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110063SCOTT W ROSTRON1211SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922140041PATRICIA MARIE HIRSCH1212SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110046ANGEL V LOZANO1218SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110064EDWIN F GROLLA1219SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110045MARK F WINTER1224SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110065WILLIAM F WILL1225SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110044JENNIFER R CLEM1230SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110066DENNIS C KRAMER1231SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 PacketPageNumber69of266 PENDING ASSESSMENT ROLL Agenda Item H1 CITY PROJECT 09-15 Attachment 3 MULTI-FAMILY RESIDENTIALSTORMSTREETTOTAL Parcel IDTAXPAYERStreet NumberStreetFRONT UNITSASSESSMENTASSESSMENTASSESSMENT FOOTAGE 162922110043MARY LOUISE FORGA1236SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110067RICHARD A BOROWICZ1237SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110068CY THAO1243SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110042GERALD ODMARK1244SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110069DALE V DEREMER1249SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110041ROY R KRAJEWSKI1252SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110070SENG CHER HER1255SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 162922110071JONATHAN K ANDERSON1261SKILLMAN AVE E01$1,090.00$6,600.00$7,690.00 142922410058PERRY S DOTTERMAN0FURNESS ST N01$1,090.00$6,600.00$7,690.00 142922410043PETER A FISCHER1812FURNESS ST N01$1,090.00$6,600.00$7,690.00 142922410044SCOTT A ANDERSON1826FURNESS ST N01$1,090.00$6,600.00$7,690.00 142922410055CANVASBACK INVESTMENTS LLC1829FURNESS ST N10050$0.00$132,660.00$132,660.00 142922410045DEBORAH A WALLACE1842FURNESS ST N01$1,090.00$6,600.00$7,690.00 142922410046ANTOINETTE M EGGERT1846FURNESS ST N01$1,090.00$6,600.00$7,690.00 142922410059PERRY S DOTTERMAN1850FURNESS ST N01$1,090.00$6,600.00$7,690.00 142922410048PHOENIX RESIDENCE INC1866FURNESS ST N01$1,090.00$6,600.00$7,690.00 142922410049WENDY BURTON1872FURNESS ST N01$1,090.00$6,600.00$7,690.00 142922410050AARON L VANHOUTEN1880FURNESS ST N01$1,090.00$6,600.00$7,690.00 142922410051WENDY M SEDERSTROM1884FURNESS ST N01$1,090.00$6,600.00$7,690.00 142922440047PHOENIX RESIDENCE INC1685HOWARD ST N01$0.00$6,600.00$6,600.00 142922440048BOB A M SERREYN1695HOWARD ST N01$0.00$6,600.00$6,600.00 142922440013DELBERT D MITCHELL JR1700HOWARD ST N01$0.00$6,600.00$6,600.00 142922440014THOMAS F FREMONT1702HOWARD ST N01$0.00$6,600.00$6,600.00 142922440036CANDICE R RICHARDSON1709HOWARD ST N01$0.00$6,600.00$6,600.00 142922440015DAVID HALPER1714HOWARD ST N01$0.00$6,600.00$6,600.00 142922440035KATHRYN A MORSCHING1715HOWARD ST N01$0.00$6,600.00$6,600.00 142922440016AARON L VANHOUTEN1724HOWARD ST N01$0.00$6,600.00$6,600.00 142922440034ROBERT S ANDERSON1725HOWARD ST N01$0.00$6,600.00$6,600.00 142922440017JAMES R BELL1732HOWARD ST N01$0.00$6,600.00$6,600.00 142922440033ROBERT K CAMPBELL1737HOWARD ST N01$0.00$6,600.00$6,600.00 142922440084RACHEL B JOHNSON 1742HOWARD ST N01$726.67$6,600.00$7,326.67 142922440032BRUCE S CASSELTON1745HOWARD ST N01$0.00$6,600.00$6,600.00 142922440083PATRICIA A MCDONOUGH1750HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922440031WARREN R LINDORFF1753HOWARD ST N01$0.00$6,600.00$6,600.00 142922440019ANITA M MAGNUSON1756HOWARD ST N01$0.00$6,600.00$6,600.00 142922440030MARK P ROGERS1759HOWARD ST N01$0.00$6,600.00$6,600.00 142922440020MICHAEL REGENAUER1762HOWARD ST N02$545.00$13,200.00$13,745.00 142922440029TERRY M JOHNSON1765HOWARD ST N01$0.00$6,600.00$6,600.00 142922440021ERIC GAVIC1772HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922440028JERROL J HANSON1783HOWARD ST N01$0.00$6,600.00$6,600.00 142922410040RUSSELL N JOHNSON1811HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410020THOMAS E MADIGAN1818HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410039LEO GUZMAN1821HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410021KAREN M HARALDSEN1830HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410038RANDY E DAVIS1831HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410022VINCENT P LAVIANO1838HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410023AUDREY J SORENSEN1848HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410037LUKE J O'NEILL1849HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410024BRUCE A BAILEY1860HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410036DIANE TARNOWSKI1863HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410025FRANCES A MARSDEN1872HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410035NANCY C JUNGMANN1875HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410026THERESA R MERRIGAN1880HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410034KRISTINE M ROLF1885HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410027HOWARD A PANKONIN1894HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410033BENJAMIN R CATTOOR1895HOWARD ST N01$1,090.00$6,600.00$7,690.00 142922410031JAMES A CARLSON1913HOWARD ST N01$1,090.00$6,600.00$7,690.00 * 142922440001GORDON E CARIVEAU1785MCKNIGHT RD N01$0.00$3,642.83$3,642.83 ** 142922410057CHRISTEL M BORGHEIINCK1805MCKNIGHT RD N01$0.00$3,686.71$3,686.71 142922410042SHERYL THOMPSON2175RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 142922440027RICHARD D PETERSON2178RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 142922440026ROBERT J FRETZ2180RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 142922440025ISAIAH T MAENDEL2190RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 142922410041MARK A CHRISTOPHERSON2199RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 142922410019JAMES ALFRED VEREIDE2209RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 142922440024BARBARA J PERICHILLI2210RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 142922440023ANITA MARIE BAUER BARTKEY2216RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 142922410018GERALD L OCH2217RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 142922440022MILDRED GUND2222RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 142922410017ROBERT E STARK2225RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 142922410016CYRIL POVLITZKI2233RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 142922440003LISA K MANLEY2234RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 142922440002MARYJEAN SHEPPARD2242RIPLEY AVE E01$1,090.00$6,600.00$7,690.00 TOTALS1185 337 $213,821.67$2,363,239.14$2,577,060.81 TOTAL =$2,577,060.81 2009 ASSESSMENT RATES: RESIDENTIAL STORM SEWER ASSESSMENT = $1,090 PER UNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $6,600 PER UNIT RESIDENTIAL PARTIAL STREET RECONSTRUCTION = $4,950 PER UNIT MULTI-FAMILY STORM SEWER = $21.80/FRONT FOOT MULTI-FAMILY FULL STREET RECONSTRUCTION = $132.00/FRONT FOOT MULTI-FAMILY PARTIAL STREET RECONSTRUCTION = $99.00/FRONT FOOT CREDIT PER THE CONSTRUCTION COST INDEX (CCI): YEAR 1991=$4,835; YEAR 2009=$8,570 * PARCEL ID 142922440001 - 1991 ASSESSMENT = $1,668.37, ASSESSMENT CREDIT PER CCI = $2,957.17, ADJUSTED 2009 ASSESSMENT = $3,642.83 ** PARCEL ID 142922410057 - 1991 ASSESSMENT = $1,643.61, ASSESSMENT CREDIT PER CCI = $2,913.29, ADJUSTED 2009 ASSESSMENT = $3,686.71 PacketPageNumber70of266 Agenda Item H1 Attachment 4 PacketPageNumber71of266 Agenda Item H1 Attachment 4 PacketPageNumber72of266 Agenda Item H1 Attachment 5 PacketPageNumber73of266 Agenda Item H1 Attachment 5 PacketPageNumber74of266 Agenda Item H1 Attachment 5 PacketPageNumber75of266 Agenda Item H1 Attachment 5 PacketPageNumber76of266 Agenda Item H1 Attachment 6 AGREEMENT This Agreement, dated the ______ day of __________, 2010, is between the City City of Maplewood, a Minnesota municipal corporation (hereinafter “”) and Margaret J. Owner Fett, property owner (hereinafter “”) of 2057 Duluth Street. WHEREAS, the Owner property described by address and parcel identification numbers is: 2057 Duluth Street, Maplewood, Minnesota: PIN# 162922110113; WHEREAS, a 6’ platted easement exists on the 2057 Duluth Street property; WHEREAS, a portion of the Owners’ garage is located within the platted 6’ easement; WHEREAS, an existing corrugated metal storm sewer pipe is located within the easement; WHEREAS, the storm sewer pipe is in disrepair and in need of replacement; WHEREAS, the storm sewer pipe must be excavated for removal and replacement in order to properly transport the neighborhood drainage; WHEREAS, the garage structure of approximately 650 square feet needs to be relocated to accommodate pipe removal and replacement; WHEREAS, competitivequotes have been obtained to determine the replacement cost of the garage structure; WHEREAS, additional easement must be obtained to accommodate future maintenance, repair, or replacement needs of the storm sewer pipe; WHEREAS, the existing bituminous driveway of the Owner must be replaced as part of the storm sewer pipe replacement; NOW THEREFORE, the City and Owner agree to make the following agreement: 1.The Owner agrees to a waiver of trespass (which allows right of entry onto Owner Property) in order to demolish the garage, remove the existing driveway and debris, and to build the new storm sewer pipe. 2.The City, at its cost, shall demolish the existing garage and driveway, and remove debris as part of City Project 09-15. The owner agrees to clean out the garage to include the removal of all non-structural items and other items wished to be salvaged by the Owner by a date not later than May 24, 2010. Page 1 of 4 PacketPageNumber77of266 Agenda Item H1 Attachment 6 3.The Owner shall dedicate an 8’ by 135’ (1080 square feet more or less) drainage and utility easement to the City shown in Exhibit A. The City shall pay the $100.00 Owner for said easement. a.The City shall pay for said easement within 30 days of its dedication from the Owner to the City. 4.A replacement garage structure shall not be placed within the limits of the drainage and utility easement shown in Exhibit A. 5.The City shall not unreasonably withhold or delay permits for a replacement garage structure. The City shall work in good faith with the Owner and its contractor. $515.00 6.The City shall pay the Owner in an amount of to cover expenses for temporary storage of garage items. a.The City shall pay the Owner within 30 days of signing of this agreement. not to exceed $16,780.00 7.The City shall pay an amount to the Owner to compensate for the actual replacement expense of the garage structure. This amount is based on the average of four bid solicitations. a.The payment of this amount shall be a lump sum of $10,000.00 to the Owner by the City within 30 days of signing of this agreement but not before dedication of the drainage and utility easement to the City by the Owner. After completion of the garage replacement the Owner will be paid up to an amount of $6,780.00 based on the final invoice for garage replacement. not to exceed $3,500.00 8.The City shall pay an amount to the Owner to compensate for the actual replacement expense of a bituminous driveway. a.Payment will be made to the Owner by the City upon the Owner supplying to the City a copy of the final invoice. 9.It is understood that the Owner shall contract directly with outside parties (qualified licensed contractors), not the City, to build a replacement garage structure and to construct a new driveway. 10.Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 11.Arbitration. It is agreed by the parties that any differences, dispute or claim which arises under and pursuant to this Agreement or as to the performance thereof by the parties hereto shall be submitted for arbitration to a board of arbitrators consisting of three (3) persons, one selected by the party interested in one side of the dispute, one by the party interested in the other side of the dispute, and a third person mutually selected and agreed upon by the first two arbitrators. Page 2 of 4 PacketPageNumber78of266 Agenda Item H1 Attachment 6 Any party shall notify the other party in writing, served by U.S. Mail, certified or registered, postage prepaid, of a dispute, stating the nature of the claim or dispute and the name and address of selected arbitrator. The other party shall serve notice of its selected arbitrator and opposition or other interest in the claim or dispute. The two arbitrators shall select a third disinterested arbitrator within fifteen (15) days after the response notice stated above. Arbitration shall be commenced within forty-five (45) days of the original notice pursuant to the previous paragraphs hereof, and all proceedings shall be governed by Minnesota Statutes, Chapter 572. The decision of any two arbitrators shall be binding and conclusive with respect to all claims and disputes submitted in such arbitration proceedings. If a party does not respond to an arbitration notice, then the party first serving the arbitration notice under the previous paragraph shall be entitled by Motion to petition a court of competent jurisdiction for its order selecting and appointing an arbitrator for said defaulting party. Any such determination by the Court shall be final, binding and conclusive as to all parties in interest. Expenses for the arbitration shall be divided equally among the parties. 12.The terms and conditions of this Agreement shall be binding on the parties hereto, their respective successors and assigns and the benefits and burdens shall run with the land and may be recorded against the title to the property. 13.Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City Manager City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Owner: Margaret J. Fett 2057 Duluth Street Maplewood, MN 55109 Page 3 of 4 PacketPageNumber79of266 Agenda Item H1 Attachment 6 14.The City’s and Owner’s obligations under this Agreement shall be conditioned, for the sole benefit of the City and Owner, upon the following: A. Contingent upon City Project 09-15 being awarded by the Maplewood City Council in order to commence with the project improvements. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. MARGARET J. FETT CITY OF MAPLEWOOD By:______________________________ By:_____________________________ Margaret J. Fett Date Will Rossbach Date Its: Owner, 2057 Duluth Street Its: Mayor By:______________________________ James Antonen Date Its: City Manager Page 4 of 4 PacketPageNumber80of266 AgendaItemH.2 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/Deputy Public Works Director Shann Finwall, AICP, Environmental Planner Stormwater Ordinance – First Reading SUBJECT: DATE: May 3, 2010 for the May 10 City Council Workshop INTRODUCTION The city adopted the surface water management plan as part of the 2030 Comprehensive Plan in January 2010. Implementation requirements of the surface water management plan call for an update to the city’s stormwater management policies to ensure all requirements of the plan are being met. BACKGROUND The Environmental and Natural Resources (ENR) Commission worked with staff to refine the stormwater engineering standards and ordinance language during two separate meetings in February and March 2010. The ENR Commission recommended approval of the stormwater ordinance on March 24, 2010. DISCUSSION Stormwater Management Policies Stormwater management is touched on briefly in the city’s environmental protection ordinance and more in depth in the city’s engineering standards. The stormwater ordinance is an authoritative rule which a land owner or developer must comply with, unless a variance from the ordinance is obtained from the city council. Engineering standards are guidelines for development, including the preparation of engineering plans for construction in the city. To begin the stormwater management policy updates, the ENR Commission reviewed updated stormwater engineering standards in January 2010. The standards are detailed and designed to ensure developers submit the appropriate engineering plans and comply with the city’s construction guidelines (Attachment 1). The stormwater standards will be implemented into the overall engineering standards. The main regulating principles were pulled from the standards and included in the new stormwater ordinance (Attachment 2) Stormwater Ordinance Following is a summary of the main points highlighted in the stormwater ordinance: Applicability. 1. The proposed standards and ordinance would apply to projects which result in new development and redevelopment on projects which encompass one-half acre (21,780 square-feet) or more of disturbed area or 5,000 square-feet or more of new impervious surface. Runoff Rate. 2. Runoff rates resulting from a project subject to the standards shall not exceed the pre-project runoff rates for the 2-year, 10-year, and 100-year critical duration storm events. PacketPageNumber81of266 Water Quality Treatment. 3.The city’s existing standards require the removal of 80% total suspended solids. The new standards and ordinance will require treatment through infiltration practices for runoff volumes of at least 1.0 inch over all new impervious and redevelopment impervious portions of a project. This is a new requirement by the Minnesota Pollution Control Agency (MPCA) under the city's National Pollutant Discharge Elimination System (NPDES) permit program, in order to conform to non-degradation requirements. Filtration practices must be designed for partial recharge (e.g., bioretention basin with under drains). These practices will receive 70% credit for the runoff volume treatment requirement of 1.0 inch. For projects where infiltration or filtration is not feasible, or is prohibited as described in the stormwater management standards, the project must provide treatment systems that remove 90% total suspended solids and 60% total phosphorus on an annual basis. Erosion Control. 4. Erosion control standards apply to all land disturbance activity unless specifically exempted by the definition of the term “land disturbance activity” in the City’s Erosion and Sedimentation Control Ordinance. Illicit Discharges. 5. No draining or discharging into the storm sewer any pollutants or waters containing pollutants, other than stormwater. The following discharges are exempt: a. Water line flushing performed by a government agency, other potable water sources such as landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants. b. Discharges or flows from fire fighting, and other discharges specified in writing by the city as being necessary to protect public health and safety. Coal Tar Sealants. 6. The use of coal tar sealers on asphalt driveways is a common practice. Coal tar sealant products contain polycyclic aromatic hydrocarbons (PAHs), which are a group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Scientific studies have demonstrated a relationship between the use of these products on stormwater runoff and certain health and environmental concerns (Attachment 3). The coal tar sealer section of the ordinance will prohibit any person from applying this material to any driveway, parking lot, or other surface in the city. The purpose of the ordinance is to protect, restore, and preserve the quality of our waters. Coal Tar Sealant Research A 2005 article published in the Environmental Science and Technology Journal sites research conducted by the United State Geological Survey on the concentrations of PAHs found in runoff (Attachment 4). It was found that coal tar based sealant produced PAH runoff concentrations 65 times higher than an unsealed lot. The study concluded that sealants may be a primary source of contaminants in urban bodies of water, (“Parking Lot Sealcoat: An Unrecognized Source of Urban Aromatic Hydrocarbons”, USGS, 2005). Based on scientific peer reviewed research, this substance has been found to be toxic, mobile, and has a negative effect on the environment. 2 PacketPageNumber82of266 Following are cities that have banned coal tar and interviews with some of the city representatives: Austin, Texas: In a telephone interview, Tom Ennis, Austin’s Environmental Resource Division Manager, stated that their PAH ban took effect in 2006. Austin was the first city in the country to implement a coal tar ban. Also speaking during the telephone interview was Tom Bashara, City Inspector. Mr. Bashara indicated that Austin has ten-person pollution prevention and reduction team for the city with a population of 600,000 people. These inspectors keep an eye out for new sealant activities and have a field test kit (scraping samples) to understand if it is asphalt or coal tar based. Coal tar does not dissolve like the asphalt based test chips, so it is a good indicator. Mr. Ennis stated that there are companies from out of town that will come into Austin to seal driveways, many of whom are unaware of the ban. For this reason, installing coal tar ban signs at the main source of the product (producers and suppliers) is important. Education needs to extend beyond city limits. Since the ban took place, there have been five violations to the ordinance. To remedy the violation, the city requires the applicator cease the sealant work, but ultimately the property owner is liable. White Bear Lake, Minnesota: White Bear Lake, our neighboring city to the north, passed a coal tar ban on the use and sale of coal tar based sealants on April 27, 2010 (Attachment 5). Maplewood’s proposed coal tar ban language is similar, except there is no provision for the ban on the sale of the product, only the use. In a telephone interview with Brent Thompson, Engineer and Ellen Richter, Assistant City Manager, they noted that city representatives and others met with the Pavement Coating Technology Council on March 12, 2010, to discuss the ban. The Council represents the industry and does not believe this product should be banned. Representatives of the Pavement Coating Technology Council attended the meeting in White Bear Lake on April 27 to present their case. The White Bear Lake City Council ultimately voted to implement the ban on a 4-1 vote after a two-hour debate on the issue. Dale Thompson with the MPCA attended the meeting to address technical questions. Washington, D.C Dane County, Wisconsin Bee Cave, Texas Business response to Maplewood’s proposal to ban coal tar sealants: Menards: The general manager of the Menards store in Maplewood stated that they no longer carry coal tar based products. This product was also pulled from the shelves at Lowes and Home Depot stores over the past few years. All of these stores carry asphalt based sealers, which is the preferred alternative. 3 PacketPageNumber83of266 Blacktop Driveway, Inc., a local driveway company located on Frost Avenue: A representative from Blacktop Driveway stated that they support the ban. The company has already transitioned to asphalt based product. The representative stated that the product supplier is SealMaster, located off Cleveland Avenue in Saint Paul, which is a main supplier of sealant product in the metro area. SealMaster: The service sales manager of SealMaster explained that they make the asphalt based product in the twin cities and have moved away from coal tar based product. About 95 percent of their business is asphalt emulsion. There are two other large suppliers located outside of the twin cities that do carry coal tar based sealers. Resident and Business Notification The prohibition of coal tar sealant will affect local businesses and residents. As such, city staff has included an article in the May City News and on the city website to notify the public of the date and time of the first reading of the ordinance on May 10. Placement of Ordinance in the City Code The current city code references stormwater management in Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection Ordinance), Section 12-307(f) (Nationwide Urban Runoff Program). This section will become obsolete with the new stormwater ordinance, and as such should be deleted in its entirety from the city code. Staff proposes to relocate the new stormwater ordinance to the Environment Chapter (Chapter 18). Maplewood’s city code is scheduled for recodification later this year. Recodification is the process of adding new ordinances to the code and ensuring the placement of these codes with the appropriate chapter and section numbers are accurate. During the recodification process, staff proposes to place all of the environmental ordinances under the environment chapter (Chapter 18). In addition to the new stormwater ordinance, other environmental ordinances relocated to this chapter will include tree protection, wetlands, slopes, flood and shoreland overlay districts. The proposed outline for the environment chapter is attached (Attachment 6). RECOMMENDATION Adopt the first reading of the attached stormwater ordinance (Attachment 2). This ordinance revises portions of the Environmental Protection and Critical Area (Article VII) dealing with the Nationwide Urban Runoff Program (Section 12-307(f)). This amendment also moves this section of the article in its entirety to the Environment Chapter (Chapter 18) of the city code. Attachments: 1. Stormwater Management Engineering Standards (April 2010) 2. Stormwater Ordinance (April 2010) 3. MSNBC Report on PAHs 4. Published PAH Study Journal of Environmental Science and Technology 5. White Bear Lake Adopted PAH Ban Ordinance 6. Environment Chapter Outline 4 PacketPageNumber84of266 Attachment 1 Maplewood Engineering Regulations April 9, 2010 Maplewood Stormwater Management Standards The City of Maplewood has developed specific requirements in this section that apply to development and redevelopment projects. These standards are intended to help achieve the water resource goals of the City’s Surface Water Management Plan (SWMP) and help the City maintain compliance with the National Pollutant Discharge Elimination System (NPDES) municipal permit program. These standards highlight important aspects of the requirements for stormwater quality, discharge rate and volume control, erosion control, and illicit discharge. These standards do not replace or supersede City ordinances, watershed district regulations, state and federal rules or permits required for the project. For a more detailed listing of requirements see the specific policies of the City’s SWMP and the applicable City ordinances, or consult with City staff on your specific project. To accomplish the goals of the SWMP, it is important to the City to have consistent approaches to evaluating proposed development and redevelopment projects. Therefore, all hydrologic, hydraulic and water quality analysis must be prepared and submitted in a format that will allow for a timely and efficient review by City staff. Project designers and/or developers are encouraged to schedule and complete a pre- design meeting with the City before any data will be accepted. The purpose of the meeting is to specifically address approvals and permits, pond requirements, trunk storm drain analysis, wetland impacts, water quality treatment, erosion control and discharge to lakes and sensitive wetland resources. 1)General a)Erosion control standards apply to all land disturbance activity unless specifically exempted by the definition of the term “land disturbance activity” in the City’s Erosion and Sedimentation Control Ordinance. b)The City’s water quality treatment and rate control requirements apply to projects which result in twenty-one thousand, seven hundred eighty (21,780) square feet or more of disturbed area or five thousand (5,000) square feet or more of new impervious surface, and c)Projects conducting mill and overlay or other surface pavement treatments, where aggregate base is left undisturbed, on existing impervious areas are exempt from the City’s water quality treatment and rate control requirements. However, requirements must be met if the project impacts the base and/or sub-base materials for 21,780 square feet or more of disturbed area. 1 PacketPageNumber85of266 d)Projects in the Floodplain Overlay District or Shoreland Overlay District may have additional requirements which are defined in the City’s Floodplain and Shoreland Ordinances. e)Any work within a wetland, surface water, or Federal Emergency Management Agency (FEMA) designated floodplain may require permits to be obtained from, but not limited to the City, watershed district, Department of Natural Resources (DNR) and Corps of Engineers. All applicable permits for the specific project must be obtained prior to commencing land disturbance, construction, grading, clearing, or filling activities. f)The owner shall submit the information listed in Section 8 of these Standards to the City for review. 2)Water Quality Treatment. a)Infiltration/Volume Control Requirement 1)For all new impervious portions of a project, a runoff volume of one (1) inch must be treated through infiltration practices. 2)For all redevelopment impervious portions of a project, a runoff volume of 1 inch must be treated through infiltration practices. 3)Filtration practices that are designed for partial recharge (e.g., bioretention basin with under drains) shall receive seventy percent (70%) credit for infiltration/volume control. Trees and shrubs are encouraged to be incorporated into filtration practice designs. b)Pollutant Removal Requirements. For projects that have met the infiltration/volume control requirements above, the pollutant removal requirements are considered to be met. For projects where infiltration or filtration is not feasible or is prohibited (see Item 5.a.), the following pollutant removal standards (based on a standard Nationwide Urban Runoff Program, NURP, particle size distribution) apply prior to reaching a downstream receiving water: 1)For new development portions of a site, provide treatment to remove ninety percent (90%) total suspended solids (TSS) and sixty percent (60%) total phosphorus (TP) as modeled on an annual basis. 2)For redevelopment portions of a site, provide treatment to remove 90% TSS and 60% TP as modeled on an annual basis. 3)Rate Control. a)Discharge rates leaving the site must not exceed the current rates for the 2, 10 and 100-year, critical duration (24-hour) storm events, using a Type II storm distribution and antecedent moisture conditions 2 (AMC-2). b)On-site rate controls may not be needed if downstream (regional) facilities can be shown to adequately detain/retain the runoff to existing conditions. In this case, 2 PacketPageNumber86of266 the developer or design engineer shall submit a technical evaluation completed by a qualified engineer which must be reviewed and approved by the City Engineer. c)Where a flow rate variance involves inter-community issues or significant water bodies, the regulatory jurisdiction shall have a review role. Any variances shall be reflected in subsequent plan submittals. 4)Design Computations. a)All hydrologic data shall be completed using NRCS methodology; i.e. HydroCAD or TR20/TR55, XP-SWMM or a comparable, City approved method. Hydraulic calculations will be accepted in the rational method format or in commonly used software packages such as FHWA HY-8, Eagle Point or XP-SWMM or a compatible, City approved method. These computations shall be submitted to the City upon request. b)Rainfall amounts for hydrologic analysis shall be based on Hershfield, D.M., 1961, Rainfall Frequency Atlas of the United States for Duration of 30 Minutes to 24 Hours and Return Periods from 1 to 100 Years. Technical Publication No. 40 (TP-40). Maplewood analyses shall use the values in the following table. Rainfall FrequencyRainfall (Inches) 2-Year 24-Hour2.9 10-Year 24-Hour4.3 100-Year 24-Hour6.0 c)For projects that do not meet the infiltration/volume control requirement, design engineers and developers shall determine the pollutant removal efficiency of the best management practices (BMPs) incorporated into the site plan using the available industry standard models including P8 (and using a standard NURP particle size distribution for the analysis) or a comparable model approved by the City. As an alternative to preparing a site-specific model, the development may provide a treatment volume (dead storage) of not less than two and one-half (2.5) inches multiplied by the runoff coefficient calculated over the contributing drainage area to the pond. For example, a one (1) acre impervious site with a runoff coefficient of 0.90 that drains to a common treatment pond would be required to provide a dead storage volume of 0.19 acre-feet or eight thousand two hundred (8,200) cubic feet. The Natural Resources Conservation Service Method may also be used upon City approval. d)The volume reduction (in cubic feet) provided by surface infiltration practices shall be computed using the Ramsey-Washington Metro Watershed District’s (RWMWD) Volume Control Worksheet (available online at www.rwmwd.org). An alternative computation method may be used if the method considers the same factors as the RWMWD worksheet and provided the method is approved by the City Engineer prior to the project information being submitted to the City for review. 3 PacketPageNumber87of266 e)Local storm sewer systems shall be designed for the 10-year storm event. The Rational Method shall be the preferred methodology for the design of local systems. Culvert crossings or storm systems in County or State right-of-way may have a design frequency which differs from the City’s 10-year design storm. The designer shall contact each agency/unit of government to determine the appropriate design frequency for hydrologically-connected systems. f)For culvert outlet velocities less than or equal to four (4) feet per second (fps), check shear stress to determine if vegetation or riprap will be adequate. If vegetation is used, temporary erosion control during and immediately following construction shall be used until vegetation becomes established. For velocities greater than four (4) fps, energy dissipaters shall be designed in accordance with Mn/DOT Design Criteria. g)High water elevations for landlocked areas (basins where no outlet exists) shall be established by first estimating the normal or initial water surface elevation at the beginning of a rainfall or runoff event using a documented water budget, evidence of mottled soil, and/or an established ordinary high water level. The high water level analysis shall be based on runoff volume resulting from a 100-year/10-day runoff (7.2 inches and saturated or frozen soil conditions [CN=100]) and/or the runoff resulting from a 100-year back-to-back event (6.0 inches followed by 6.0 inches). The high water elevation shall be the higher of these two conditions. h)The lowest floor elevation (LFE) of all buildings shall be set: 1) At least two (2) feet above the 100-year high water elevation and at least one (1) foot above a designated emergency overflow. 2)For landlocked basins, at least five (5) feet above the higher of the elevations determined in Part 4.g. 5)Volume Control/Infiltration Practices Design Criteria. a)Infiltration systems are prohibited: 1)Where the bottom of the infiltration basin is less than three (3) feet to bedrock or the seasonally high water table; 2)Low permeability soils (i.e., Hydrologic Soil Group D soils) or where a confining layer exists below the proposed basin; 3)Within fifty (50) feet of a public or private water supply well (Minn. Rules, Chapter 4725); 4)Potential stormwater hot spots or contaminated soils; 5)Within ten (10) feet of a property line or building foundation; and 6)Within thirty-five (35) feet of a septic system tank or drain field. b)Infiltration practices must be designed to draw down to the bottom elevation of the practice within forty-eight (48) hours. The ponding depth shall be based on the soil infiltration rate determined from site-specific soils investigation data taken 4 PacketPageNumber88of266 from the location of proposed infiltration practices on the site (e.g., double ring infiltrometer test). The maximum ponding depth, regardless of infiltration rate shall be two (2) feet unless otherwise approved by the City Engineer. The soils investigation requirement may be waived for residential property practices where the maximum ponding depth is one (1) foot or less. The following infiltration rates shall be used for the most restrictive underlying soil unless otherwise supported by an in-situ infiltration test: ASTM Unified Soil Rate Soil Textures Soil Class Group Symbols 1.63 in/hr GW, GP Gravel, sand, sandy gravel, silty A gravel, loamy sand, sandy loam 0.80 in/hr GM, SW, SP 0.60 in/hr SM BLoam, silt loam 0.30 in/hr ML, OL Sandy clay loam C 0.20 in/hr GC, SC Clay loam, silty clay loam, sandy CL, CH, OH, D 0.00 in/hr clay, silty clay, or clay MH Source:Minnesota Stormwater Manual, November 2005. c)Infiltration practices shall have provisions for pretreatment of the runoff. Examples of pretreatment include: a mowed grass strip between a curb-cut and a small rain garden, a sump manhole or manufactured sediment trap prior to an infiltration basin, and a sediment forebay as the first cell of a two-cell treatment system. Where the infiltration system captures only clean runoff (e.g., from a rooftop) pretreatment may not be required. d)The design shall incorporate a diversion or other method to keep construction site sediment from entering the infiltration system prior to final stabilization of the entire contributing drainage area. e)The design shall incorporate provisions that will prohibit construction equipment from compacting the soils where infiltration practices are proposed. f)A plan for maintenance of the system must be submitted that identifies the maintenance activities and frequency of activities for each infiltration practice on the site. A signed maintenance agreement will be required by the City. 6)Pond and Additional Infiltration System Design Criteria. Newly constructed or expanded/modified ponds and basins shall be designed and constructed to meet the following: a)All ponds or basins shall: 1)Have a 3:1 maximum slope (above the normal water level [NWL] and below the 10:1 bench, if a wet pond); 5 PacketPageNumber89of266 2)Maximize the separation between inlet and outlet points to prevent short- circuiting of storm flows; 3)Have an emergency overflow spillway identified and designed to convey storm flows from events greater than the 100-year event; and 4)Be made accessible for maintenance and not be entirely surrounded by steep slopes or retaining walls which limit the type of equipment that can be used for maintenance. Vehicle access lane(s) of at least ten (10) feet shall be provided, at a slope less than fifteen percent (15%) from the access point on the street or parking area to the pond, to accommodate maintenance vehicles. Maintenance agreements will be required when the pond is not located on City property. b)All wet ponds shall: 1)Have an aquatic bench having a 10:1 (H:V) slope for the first ten (10) feet from the NWL into the basin; 2)Have inlets be placed at or below the NWL; 3)Have a skimming device designed to remove oils and floatable materials up to a five (5) year frequency event. The skimmer shall be set a minimum of twelve (12) inches below the normal surface water elevation and shall control the discharge velocity to 0.5 feet per second. 4)Have an average four (4) feet of permanent pool depth (dead storage depth). This constraint may not be feasible for small ponds (less than about three [3] acre-feet in volume or less). In such cases, depths of three to four (3-4) feet may be used. To prevent development of thermal stratification, loss of oxygen, and nutrient recycling from bottom sediments, the maximum depth of the permanent pool should be less than or equal to ten (10) feet. 7)Erosion and Sediment Control. a)The City’s Erosion Control Ordinance shall be followed for all projects, including those not regulated under the NPDES construction permit. b)Prior to the start of any excavation or land disturbing activity for the site, the owner or contractor must have in place a functional and approved method of erosion and sediment control. The contractor must have received authorization from the City prior to commencing construction activities. c)Development projects subject to the NPDES Construction Permit shall meet the requirements of the NPDES permit program, including the requirement to prepare and follow a storm water pollution prevention plan (SWPPP). The owner shall submit proof of receipt and approval by Minnesota Pollution Control Agency and/or watershed district of the permit application prior to commencing construction if required. A copy of the SWPPP prepared in accordance with the NPDES permit requirements, shall be submitted to the City if requested by the City Engineer. 6 PacketPageNumber90of266 8)Storm Water Plan Submittals. a)Property lines and delineation of lands under ownership of the project proposer. b)Delineation of the subwatersheds contributing runoff from off-site, and proposed and existing subwatersheds on-site. c)Location, alignment and elevation of proposed and existing stormwater facilities. d)Delineation of existing on-site wetlands, shoreland and/or floodplain areas. Removal or disturbance of stream bank and shoreland vegetation should be avoided. The plan shall address how unavoidable disturbances to this vegetation will be mitigated per the City’s ordinances. e)Existing and proposed inlet and outlet elevations f)The 10-year and 100-year high water elevations on-site. For landlocked basins, the higher of the elevations determined in Part 4.g. of these standards shall also be identified. g)The lowest floor elevation and low opening elevation of all buildings and structures. h)Existing and proposed site contour elevations related to NGVD, 1929 datum. i)Construction plans and specifications of all proposed stormwater management facilities. j)Stormwater runoff volume and rate analyses for existing and proposed conditions. k)All hydrologic and hydraulic computations completed to design the proposed stormwater quality management facilities. Computations shall include a summary of existing and proposed impervious areas. l)All pollutant removal computations for practices not meeting the volume control/infiltration requirement. m)Provision of outlots or easements for maintenance access to detention basins, retention basins, constructed wetlands, and/or other stormwater management facilities. n)Maintenance agreement between developer and City which addresses sweeping, pond inspection, sediment removal and disposal, etc. o)Inlets to detention basins, wetlands, etc., shown at or below the outlet elevation. p)Identification of receiving water bodies (lakes, streams, wetlands, etc). q)Identification of existing and abandoned wells, and septic tanks on the development site. r)Documentation indicating conformance with these standards. 7 PacketPageNumber91of266 9)Prohibition of Illicit Discharges. No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the municipal separate storm sewer system any pollutants or waters containing any pollutants other than stormwater, i.e., swimming pool water which contains pollutants not found in stormwater. The following discharges are exempt from the prohibition provision above: a)Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants; b)Discharges or flows from fire fighting, and other discharges specified in writing by the Cityas being necessary to protect public health and safety; c)The prohibition provision above shall not apply to any non-stormwater discharge permitted under an NPDES permit or order issued to the discharger and administered under the authority of the State and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the (municipal/county) separate storm sewer system. 8 PacketPageNumber92of266 Attachment 2 ORDINANCE NO. _____ An Ordinance Amending Article VII (Environmental Protection and Critical Area), Section 12-307(f) (Nationwide Urban Runoff Program) The Maplewood city council approves the following changes to the Maplewood Code of Ordinances: This ordinance deletes portions of the Environmental Protection and Critical Area (Article) VII dealing with the Nationwide Urban Runoff Program (Section 12-307(f)). This ordinance also moves the stormwater management ordinance in its entirety to the Environment Chapter (Chapter 18) of the city code. Section 1. This section deletes portions of the Environmental Protection and Critical Area ordinance at Section 12-307(f) (Nationwide Urban Runoff Program). (f) Where feasible, all new stormwater detention ponds shall be designed and constructed to meet the Nationwide Urban Runoff Program (NURP) design criteria of removing at least 60 percent of the phosphorous. The engineer or designer may use the Walker pondnet model or the Pitt pond model when designing stormwater ponds, as noted by the Minnesota Pollution Control Agency (MPCA) Protecting Water Quality in Urban Areas manual. The applicant or applicant’s engineer shall providethe city engineer with the necessary calculations to verify the pond design. Section 2. This section creates a new stormwater management ordinance which will be placed in the Environment Chapter (Chapter 18) of the city code. Section 18-180. Applicability . Stormwater management standards shall apply to new development and redevelopment projects which result in one-half acre (21,780 square-feet) or more of disturbed area or five thousand (5,000) square-feet or more of new impervious surface. a. Runoff Rates. Runoff rates resulting from a project subject to the standards shall not exceed the pre-project runoff rates for the 2-year, 10-year, and 100-year critical duration storm events. b. Water Quality Treatment. A runoff volume of at least one (1.0) inch, over all new impervious and redevelopment impervious portions of a project, must be treated through infiltration practices. 1) Filtration practices that are designed for partial recharge (e.g., bioretention basin with under drains) shall receive seventy percent (70%) credit for the runoff volume treatment requirement of 1.0 inch. 2) For projects where infiltration or filtration is not feasible, or is prohibited as described in the stormwater management standards, the project must provide ϭ PacketPageNumber93of266 treatment systems that remove ninety (90%) total suspended solids (TSS) and sixty percent (60%) total phosphorus (TP) on an annual basis. Section 18-181. Erosion Control . Erosion control standards apply to all land disturbance activity unless specifically exempted by the definition of the term “land disturbance activity” in the city’s erosion and sedimentation control ordinance. Section 18-182. Illicit Discharges . No person shall throw, drain, or otherwise discharge, cause, or allow others under its control to throw, drain, or otherwise discharge into the municipal separate storm sewer system any pollutants or waters containing any pollutants other than stormwater. The following discharges are exempt: a. Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants; b. Discharges or flows from fire fighting, and other discharges specified in writing by the Cityas being necessary to protect public health and safety; c. The prohibition provision above shall not apply to any non-stormwater discharge permitted under an National Pollutant Discharge Elimination System (NPDES) permit or order issued to the discharger and administered under the authority of the State and the Federal Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the (municipal/county) separate storm sewer system. d. These requirements do not replace or supersede other City ordinances, watershed district rules or permit requirements, or state and federal rules or permits required for the project. Section 18-183. Regulating Use of Coal Tar Based Sealer Products . a. Purpose. The City understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. Regulation of sealer products within the City is needed in order to protect, restore, and preserve the quality of its waters. b. Definitions. Except as may otherwise be provided or clearly implied by context, all terms used in this ordinance shall be given their commonly accepted definitions. For the purpose of Section 18-183 of this ordinance, the following definitions shall apply unless the context clear indicates or requires a different meaning: Asphalt-Based Sealer. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. Ϯ PacketPageNumber94of266 Coal Tar. A byproduct of the process used to refine coal. Coal Tar-Based Sealer. A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. PAHs (Polycyclic Aromatic Hydrocarbons). A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present in coal tar and believed harmful to humans, fish, and other aquatic life. c. Prohibitions. 1) No person shall apply any coal tar-based sealer to any driveway, parking lot, or other surface within the City. 2) No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal tar-based sealer to any driveway, parking lot, or other surface within the City. 3) No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other person to apply any coal tar-based sealer to any driveway, parking lot, or other surface within the City. d. Exemption. Upon the express written approval from both the City and the MPCA, a person conducting bona fide research on the effects of coal tar-based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in Section 18- 183. e. Asphalt-Based Sealcoat Products. The provisions of this ordinance shall only apply to use of coal tar-based sealer in the City and shall not affect the use of asphalt-based sealer products within the City. f. Penalty. Any person convicted of violating any provision in this ordinance is guilty of a misdemeanor and penalties shall conform to Section 1-15 of City Code: General penalties for violations; continuing violations. g. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. ϯ PacketPageNumber95of266 The city council approved the first reading of this ordinance on May 10, 2010 . The city council approved the second reading of this ordinance on _________________. Signed: _______________________________ _______________________________ Will Rossbach, Mayor Date Attest: ________________________________ Karen Guilfoile, City Clerk ϰ PacketPageNumber96of266 Attachment3 PacketPageNumber97of266 PacketPageNumber98of266 PacketPageNumber99of266 PacketPageNumber100of266 PacketPageNumber101of266 Attachment4 PacketPageNumber102of266 PacketPageNumber103of266 PacketPageNumber104of266 PacketPageNumber105of266 PacketPageNumber106of266 PacketPageNumber107of266 PacketPageNumber108of266 Attachment5 PacketPageNumber109of266 PacketPageNumber110of266 Attachment 6 Draft Outline for the Maplewood City Code, Chapter 18 (Environment). New Articles and Divisions are shown as underlined. April 13, 2010 Chapter 18 ENVIRONMENT Article I.In General - Sec. 18-118-25. Reserved. Article II.Nuisances Division 1.Generally Sec. 18-26Unlawful to cause, create or commit. Sec. 18-27Common law and statutory nuisances adopted by reference. Sec. 18-28Unlawful to permit; cellars, drains cesspools or sewers. Sec. 18-29Rental agents to disclose name of owner or principal to city manager upon request. Sec. 18-30Public nuisances generally. Sec. 18-31Nuisances affecting health, safety, comfort or repose. Sec. 18-32Nuisances affecting morals and safety. Sec. 18-33Enforcement of article generally. Sec. 18-34Continuing violations. Sec. 18-35Notice to abate. Sec. 18-36Abatement by council. Sec. 18-37Abatement on premises. Sec. 18-38Violations of article. Sec. 18-39Loitering. Sec. 18-40- 18-65. Reserved. Division 2.Abandoned Motor Vehicles Sec. 18-66Purpose. Sec. 18-67Definitions. Sec. 18-68Violation. Sec. 18-69Taking into custody and impoundment. Sec. 18-70Certain vehicles declared nuisances; abatement; removal. Sec. 18-71Immediate sale of certain vehicles. Sec. 18-72Additional remedies. Sec. 18-73Police reports. Sec. 18-74Notice to owner and lienholders. Sec. 18-75Reclamation by owner or lienholder; preservation of lien rights. Sec. 18-76Sale of vehicle. Sec. 18-77Designation of poundkeeper. PacketPageNumber111of266 Sec. 18-78Bond of poundkeeper. Sec. 18-79Insurance of poundkeeper. Sec. 18-80Towing and storage charges generally. Sec. 18-81Release of vehicle and service fee before vehicle towed away. Sec. 18-82Abatement of towing and storage charges. Sec. 18-83Release of vehicles. Sec. 18-84Release form. Sec. 18-85Police records. Sec. 18-86- 18-110. Reserved. Division 3.Noise Control Sec. 18-111Prohibition generally; exception. Sec. 18-112Construction activities. Sec. 18-113Enforcement. Sec. 18-114-18-140. Reserved. Article III.Erosion and Sedimentation Control Sec. 18-115Purpose. Sec. 18-116Scope. Sec. 18-117Erosion and sediment control plan. Sec. 18-118Review of plan. Sec. 18-119Modification of plan. Sec. 18-120Escrow requirement. Sec. 18-121Enforcemenht; penalty. Sec. 18-122-18-175. Reserved. Article IV.Air Pollution Control Sec. 18-176Short title. Sec. 18-177State regulations adopted. Sec. 18-178Approval required to start fire. Sec. 18-179Penalties for violations. Sec. 18-180-18-XXX. Reserved. Article V.Environmental Protection and Critical Areas Division 1.Stormwater Management Division 2.Wetlands and Streams Division 3.Tree Protection Division 4. Slopes Division 5.Mississippi Critical Area Division 6.Flood Plain Overlay District Division 7.Shoreland Overlay District PacketPageNumber112of266 Agenda Item H.3 MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner Steven Love, Assistant City Engineer Jon Jarosch, Civil Engineer I SUBJECT: Flood Plain Overlay District Ordinance and Flood Plain Rate Panel Map Amendments - First Reading DATE: May 3, 2010 for the May 10 City Council Meeting INTRODUCTION Flooding is the most frequent and costly disaster in Minnesota. The risk for flooding changes over time due to erosion, land use, weather events, and other factors. The likelihood of flooding has changed along with these factors. The Federal Emergency Management Agency (FEMA) conducted a multi-year project to re-examine Ramsey County’s flood zones and develop new flood plain rate panel maps. In addition to the flood zone study, FEMA made amendments to the Code of Federal Regulations dealing with flooding (Code 44, Section 60.3). On December 17, 2009, FEMA notified the City of Maplewood that we must amend our flood plain overlay district ordinance and adopt the new flood plain rate panel maps by June 4, 2010. If the city does not meet this deadline, the city will be suspended from the flood insurance program. To aid in the ordinance update, the Department of Natural Resources (DNR) has reviewed Maplewood’s current flood plain ordinance and recommended changes to meet the new FEMA regulations. These changes have been added to the flood plain overlay district ordinance (Attachment 1). BACKGROUND In 1986, the city adopted a flood plain ordinance and maps based on FEMA and DNR requirements at that time. In 2008 and 2009, FEMA conducted a flood plain study of Ramsey County, updated the flood plain rate panel maps, and made amendments to the Code of Federal Regulations. December 17, 2009, FEMA notified the City of Maplewood that we must amend our flood plain overlay district ordinance and adopt the new flood plain rate panel maps by June 4, 2010, or the city would be suspended from the flood insurance program. In February and March, 2010, the Environmental and Natural Resources (ENR) Commission reviewed the flood plain ordinance amendments. The commission recommended approval of the amendments during their March 24, 2010, meeting. On April 20, 2010, the Planning Commission reviewed and recommended approval of the flood plain overlay district ordinance amendments. PacketPageNumber113of266 DISCUSSION Major Changes Proposed The city’s flood plain overlay district ordinance is required to comply with the rules and regulations of the National Flood Insurance Program (codified as 44 Code of Federal Regulations Parts 59-78). Following is a summary of the changes required to comply with the new regulations: Adoption of new flood plain maps. 1. Attached for review is the new city-wide flood plain map (Attachment 2). This map shows the entire city and the new flood plain delineations. In April FEMA supplied the city with hard copies of flood plain rate panel maps. These maps break the city up into several sections showing detail at the property level. These maps will be available during the City Council meeting. In April FEMA also supplied the city with the new flood plain data in digital format. Based on staff’s review of this new digital flood plain data to the 1986 data, staff has determined that there are 103 properties in Maplewood that are now in a flood plain and 169 properties that are now out of a flood plain. Federal law requires flood insurance for anyone with a mortgage from a federally-regulated lender for building(s) located in a flood plain. Of the 103 properties that are now in a flood plain, there are five properties that have their main building (single family home) in a flood plain. The National Flood Insurance Program allows properties with buildings newly mapped in the flood plain to purchase lower-cost “grandfather” flood insurance. However, if those buildings were built before the city’s current flood plain ordinance and maps went into effect (1986), they must purchase the insurance by the date the new flood plain ordinance and maps go into effect (June 4, 2010). Of the five properties with their main buildings now in a flood plain, two of those properties were built before 1986. Staff has mailed notices to property owners whose flood plain status has changed, as well as notified them of the dates of the first and second reading of the flood plain ordinance amendments. A map of the property showing an aerial photograph, and the location of the old and new flood plain was also included in the mailing. Definitions. 2. In addition to new definitions required by FEMA, city staff is recommending language be added to the term “Regulatory Flood Protection Elevation.” The definition will be revised to reflect the Ramsey-Washington Metro Watershed District standards to flood protection elevation, which is no lower than two feet (rather than one foot) above the elevation of the regional flood. Change to permitted uses. 3. The city’s current ordinance describes a permitted use as “any non-structural land use which does not obstruct flood flows, such as gardens, fill, excavation, or storage of materials or equipment.” The new regulations change that description as follows: “Any use of land which does not involve a structure, a fence, an addition to the outside dimensions to an existing 2 PacketPageNumber114of266 structure (including a fence) or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment.” New administration requirements. 4. There are expanded permitting requirements for properties in a flood plain, including obtaining a permit from the city prior to the erection, addition, modification, and rehabilitation of a structure (including normal maintenance and repair). Additionally, a permit is required prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source. Variances. 5. Additional variance criteria must be satisfied including no variance approval by a city unless there is a showing of sufficient cause, failure to grant the variance would result in a hardship, and granting the variance would not result in increased flood heights. Nonconformities. 6. If a substantial improvement occurs to a nonconforming property from any combination of a building addition to the outside dimensions of the existing building or rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of the ordinance. Placement of Ordinance in the City Code The current city code references the flood plain overlay district in the city’s zoning chapter (Chapter 44). Staff proposes to relocate the flood plain ordinance to the Environment Chapter (Chapter 18). Maplewood’s city code is scheduled for recodification later this year. Recodification is the process of adding new ordinances to the code and ensuring the placement of these codes with the appropriate chapter and section numbers are accurate. During the recodification process, staff proposes to place all of the environmental ordinances under the environment chapter (Chapter 18). In addition to the new flood plain overlay district ordinance, other environmental ordinances relocated to this chapter will include tree protection, wetlands, slopes, stormwater and shoreland ordinances. The proposed outline for the environment chapter is attached (Attachment 3). RECOMMENDATION Adopt the first reading of the attached flood plain overlay district ordinance amendments (Attachment 1). The flood plain overlay district ordinance is being amended to meet the new Federal Emergency Management Agency’s flood regulations and to adopt the new flood plain maps which will become effective June 4, 2010. Attachment: 1. Flood Plain Overlay District Ordinance (Amended) 2. City-Wide Flood Plain Map (June 4, 2010) 3. Maplewood City Code Environment Chapter Outline 3 PacketPageNumber115of266 Attachment 1 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 44 (ZONING), ARTICLE VIII (FLOOD PLAIN OVERLAY DISTRICT) The Maplewood city council approves the following changes to the Maplewood Code of Ordinances: This amendment revises portions of the city’s zoning code (Chapter 44) dealing with the flood plain overlay district (Sections 44-1191 through 44-1209). This amendment also moves this section of the zoning code in its entirety to the Environment Chapter (Chapter 18) of the city code. Section 1 44-1191. Authorization. The state legislature has, in Minn. Stats. Chs. 103F and 462, delegated the authority to local governmental units to adopt regulations designed to lessen flood losses. Minnesota Statute, Chapter 103F further stipulates that communities subject to recurrent flooding must participate and maintain eligibility in the National Flood Insurance Program. Therefore, the city has adopted this ordinance. Sec. 2 44-1192. Purpose. The purpose of this article is to lessen potential losses due to periodic flooding, including loss of life, loss of property, health and safety hazards. Further, it is also to lessen the disruption of commerce and governmental services, extraordinary public payments for flood protection and relief, and impairment of the tax base. Within the meaning of the National Flood Insurance Program, all of these adversely affect the public health, safety and general welfare. Sec. 3 44-1193. Liability. This ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or damages. This ordinance shall not create liability on the part of the city or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decisions lawfully made under this ordinance. Sec. 4 44-1194. Adoption of flood insurance rate map. Flood Insurance Study for Ramsey County, Minnesota (All Jurisdictions) and the Flood Insurance Rate Map Panels therein numbered 27123C0038G, 27123C0039G, 27123C0041G, 27123C0042G, 27123C0043G, 27123C0044G, 27123C0065G, 27123C0101G, 27123C0102G, 27123C0110G, 27123C0117G, 27123C0119G, 27123C0130G, and 27123C0140G, all dated June 4, 2010 and prepared by the Federal Emergency Management Agency (FEMA), are hereby adopted by reference as the Official Flood Plain Map and made a part of this ordinance. The city hereby adopts the flood insurance rate map for the city, dated ___________, developed by the Federal Emergency Management Agency. The city adopts this map by reference as the official flood plain zoning district map and makes it part of this ordinance.  1  PacketPageNumber116of266 Sec. 5 44-1195. Applicability. (a) This ordinance shall apply to all lands designated as flood plain within the city and is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the city’s eligibility in the National Flood Insurance Program. (b) Annexations. The Flood Insurance Rate Map panels adopted by reference above may include flood plain areas that lie outside of the corporate boundaries of the City of Maplewood at the time of adoption of this ordinance. If any of these flood plain land areas are annexed into the City of Maplewood after the date of adoption of this ordinance, the newly annexed flood plain lands shall be subject to the provisions of this ordinance immediately upon the date of annexation into the City of Maplewood. (c) Abrogation and Greater Restrictions. It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. (d) Severability. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Sec. 6 44-1196. Interpretation. The director of community development shall determine the boundaries of the flood plain district by scaling distances on the official flood plain zoning district map. Where there is a need for interpretation about the exact location of the boundaries of the flood plain district, the director of community development shall make the necessary interpretation based on the ground elevations that existed on the site at the time the city adopted its initial flood plain ordinance or the date of the first National Flood Insurance Program map that placed the site in the flood plain if earlier. The director shall make this interpretation based on the elevations of the regional (100-year) flood profile, if available. If 100-year flood elevations are not available, the city shall: (a) Require a flood plain evaluation consistent with Sections 11(a)44-1201(a) to determine a 100-year flood elevation for the site; or (b) Base its decision on available hydraulic/hydrologic or site elevation survey data. Sec. 7 44-1197. Definitions. Unless specifically defined in this ordinance, the words or phrases used in this ordinance have the same meaning as they have in common usage. A person shall interpret these words or phrases to give this ordinance its most reasonable application. The following words, terms and phrases when used in this ordinance, shall have the meanings ascribed to them in this ordinance, except where the context clearly indicates a different meaning: Accessory Use or Structure means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.  2  PacketPageNumber117of266 Basement means any area of a structure, including crawl spaces, having its floor or base subgrade below ground level on all four sides. This is regardless of the depth of excavation below ground level. Director means the director of community development. Flood fringe means that portion of the flood plain outside the floodway. Flood plain means the channel or beds proper and the areas adjoining a wetland, watercourse or lake which a regional flood may have or could hereafter cover. Flood plain areas within the city shall include all areas shown as Zone A or Zone AE on the flood insurance rate map. Floodway means the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which the regional flood reasonably requires to carry or store the regional flood discharge. Lowest floor means the lowest floor of the lowest enclosed area (including basement). Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include the term “recreational vehicle.” Obstruction means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, dredged spoil, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, stockpile of sand or gravel or other material, or matter in, along, across or projecting into any channel, watercourse, lake bed or regulatory flood plain which may impede, retard or change the direction of flow in itself or by catching or collecting debris carried by floodwater. Recreational vehicle means a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.  Regional flood means a flood which represents the large floods known to have occurred in Minnesota. Such a flood is characteristic of what one can expect to occur on an average of every 100 years. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Rate Map. Regulatory flood protection elevation means the elevation no lower than two feet one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. Structuremeans anything constructed or erected on the ground or attached to the ground or on-site utilities. This includes, but is not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes or recreational travel trailers/vehicles not meeting the exemption criteria specified in Section 19(a)(1) 44-1209(a)(1) and other similar items.  3  PacketPageNumber118of266 Substantial damage means damage of any origin sustained by a structure where the cost of restoring the structure prior to its damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial improvement means any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the “start of construction” of the improvement. This term includes structures that have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: (a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. (b) Any alteration of an “historic structure,” provided that the alteration will not preclude the structure’s continued designation as an “historic structure.” For the purpose of this ordinance, “historic structure” shall be as defined in 44 Code of Federal Regulations, Part 59.1. Sec. 8 44-1198. Overlay zoning. A flood plain zoning district shall be considered an overlay zoning district to all existing land use regulations of the city. The city may allow the uses permitted in this ordinance sections 36-499 and 36-500 of this article only if they are allowed by the underlying zoning district. This ordinance shall apply in addition to other city regulations and where this ordinance imposes greater restrictions. Sec. 9 44-1199. Compliance. No person shall use a new structure or land without full compliance with this ordinance. No person may locate, extend, convert, repair, maintain, or structurally alter a structure without full compliance with this ordinance. Within the floodway and flood fringe, the city prohibits all uses not listed as permitted uses in Sections 10 and 11 44-1200 and 44-1201. In addition, the following regulations shall apply: (a) New manufactured homes, replacement manufactured homes and certain travel trailers and travel recreational vehicles are subject to the general provisions of this ordinance and specifically Sections 10, 11, and 19 44-1200, 44-1201 and 44-1209. (b) The sections of this ordinance regulate changes, modifications, repair and maintenance, additions, structural alterations or repair after damage to existing nonconforming structures and nonconforming uses of structures or land. (c) As stated in Section 14 44-1204, a person shall use ground surveys to certify as-built elevations for elevated structures.  4  PacketPageNumber119of266 Sec. 10 44-1200. Permitted uses and standards. (a) Permitted Uses. The following uses of land are permitted uses in the flood plain district: (1) Any non-structural land use which does not obstruct flood flows, such as gardens, fill, excavation, or storage of materials or equipment. Any use of land which does not involve a structure, a fence, an addition to the outside dimensions to an existing structure (including a fence) or an obstruction to flood flows such as fill, excavation, or storage of materials or equipment. (2) The following activities if they are entirely within the flood fringe: a) The construction of new structures. b) The placement or replacement of manufactured homes. c) Additions to existing structures or obstructions, such as fill or storage of materials or equipment. The uses in subsections (a)(1) and (2) of this section shall be subject to the development of standards in subsection (b) of this section. They are also subject to the flood plain evaluation criteria in section 11 44-1201. (3) Travel trailers and travel Recreational vehicles as regulated under Section 19 44- 1209. (b) Standards for flood plain permitted uses. Standards for flood plain permitted uses shall be as follows: (1) A person shall compact fill and protect the slopes from erosion by the appropriate methods. Such methods include the use of containment dikes or levees, riprap, vegetative cover or other acceptable method. FEMA has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA's requirements have specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. A person should investigate these standards before starting site preparation if a person wishes to request a change of special flood hazard area designation. (2) Storage of materials and equipment shall be in accordance with the following: a) The city prohibits the storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially harmful to human, animal, or plant life. b) The city may allow the storage of other materials or equipment if readily removable from the area within the time available after a flood warning or if placed on fill at or above the Regulatory Flood Protection Elevation.  5  PacketPageNumber120of266 (3) The city shall not permit uses or activities which will adversely affect the capacity of the channels or floodways of any tributary to the main stream, or of any drainage ditch, or any other drainage facility or system. (4) No person shall construct a structure, including accessory structures, additions to existing structures and manufactured homes on fill unless the lowest floor, including basement floor, basement floor, or first floor if there is no basement, is at or above the Regulatory Flood Protection Elevation. The finished fill elevation must be no lower than one (1) foot below the Regulatory Flood Protection Elevation. The finished fill shall extend at such elevation at least fifteen (15) feet beyond the limits of the structure constructed thereon. (5) All uses. The city shall not permit uses that do not have vehicular access at or above an elevation not more than two (2) feet below the Regulatory Flood Protection Elevation to lands outside the flood plain. The city may permit such uses if the city council grants a variance. In granting a variance, the city council shall specify limitations on the period of use or occupancy of the use. The city council must also determine that adequate flood warning time and local emergency response and recovery procedures exist before granting such a variance. (6) Commercial and manufacturing uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, the city shall not grant a permit for such facilities for use by the employees or the public without a flood warning system that provides adequate time for evacuation if the area would be inundated in water to a depth which poses significant hazard to individuals (to a depth and velocity such that when multiplying the depth [in feet] times velocity [in feet per second] the product number exceeds four [4] upon occurrence of the regional flood). regional flood would inundate the area to a depth greater than two feet or subject the area to flood velocities greater than four feet per second. (7) On-site sewage treatment and water supply systems. Where the city has not provided public utilities, then the owner shall conform to the following conditions: a) A person shall design on-site water supply systems to lessen or eliminate infiltration of flood waters into the systems; and b) A person shall design new or replacement on-site sewage treatment systems to lessen or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. Such systems shall not be subject to impairment or contamination during times of flooding. The city shall determine that any sewage treatment system designed according to the State's standards to be in compliance with this ordinance. (8) The owner of a manufactured home must securely anchor it to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring code requirements for resisting wind forces.  6  PacketPageNumber121of266 Sec. 11 44-1201. Flood plain evaluation. (a) Upon receipt of an application for a permit, manufactured home park development or subdivision approval within the flood plain district, the director shall require the applicant to furnish plans and hydrologic/hydraulic analysis by a qualified engineer or hydrologist specifying the nature of the development. This analysis shall also show whether the proposed use is located in the floodway or flood fringe and the Regulatory Flood Protection Elevation for the site. The city engineer or hydrologist shall follow procedures consistent with Minnesota Rules 1983 Parts 6120.5000 to 6120.6200 6120.5600 (Technical Standards and Requirements For Floodplain Evaluation)and 6120.5700 (Minimum Floodplain Management Standards for Local Ordinances) and 44 Code of Federal Regulations Part 65. These procedures are to be used during the technical evaluation and review of the development proposal. (b) The director shall submit a copy of all information required by subsection (a) of this section to the Department of Natural Resource’s area hydrologist. This is for the Department of Natural Resource’s review and comment. The director shall submit this information at least twenty (20) days before the city grants a permit or manufactured home park development/subdivision approval. The director shall notify the respective Department of Natural Resources (DNR) Area Hydrologist within ten (10) days after the city grants a permit or approves a manufactured home park development/subdivision. Sec. 12 44-1202. Utilities and transportation facilities. All utilities and transportation facilities, including railroad tracks, roads and bridges, shall be constructed according to state flood plain management standards contained in Minnesota Rules 1983 parts 6120.5000 through 6120.6200. Sec. 13 44-1203. Subdivisions and manufactured homes. (a) No person shall subdivide land or develop or expand a manufactured home park where the city council has determined the site to be unsuitable. The city council shall make the determination of unsuitability based on flooding or inadequate drainage, water supply or sewage treatment facilities. The city council shall review the subdivision/development proposal. This review is to insure that each lot or parcel contains enough area outside the floodway for fill placement for elevating structures, sewage systems and related activities. (b) In the flood plain district, applicants for subdivision approval or development of a manufactured home park or manufactured home park expansion shall provide the information required in Section 11(a) 44-1201(1). The director shall review the proposed subdivision or manufactured home park development in according to the standards established in this ordinance. (c) The applicant for a subdivision in the flood plain shall clearly label the Floodway and Flood Fringe boundaries on all required application documents and drawings. The applicant shall also show the Regulatory Flood Protection Elevation and the required elevation of all access roads and streets on all required application drawings and documents. (d) Removal of Special Flood Hazard Area Designation. FEMA has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA’s requirements include specific fill  7  PacketPageNumber122of266 compaction and side slope protection standards for multi-structure or multi-lot developments. A person should investigate these standards if they are requesting a change to the special flood hazard area before the initiation of site preparation. Sec. 14 44-1204. Administration.  (a) Permit required. A person shall secure a permit issued by the city before doing any of the following: (1) the construction, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building or structure. (2)prior to the construction of a dam, fence, or on-site septic system. (3) changing the use of a building, structure, or land. (4) changing, extending or enlarging a nonconforming use. (5) prior to the repair of a structure that has been damaged by flood, fire, tornado, or any other source. (6) excavating or placing an obstruction within the flood plain. (b) State and federal permits. Before granting a city permit or processing an application for a variance, the city shall determine that the applicant has obtained all necessary state and federal permits. (c) Certification of lowest floor elevations. The city shall require the applicant to submit certification by a registered professional engineer, registered architect, or registered land surveyor about accomplishing the finished fill and building elevations in compliance with this ordinance. The building official shall maintain a record of the elevation of the lowest floor (including basement) for all new structures. The building official shall also maintain a record of lowest floor elevations for alterations or additions to existing structures in the flood plain district. (d) Notifications for watercourse alterations. The director shall notify, in riverine situations, adjacent communities and the DNR prior to the city authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the DNR. A copy of said notification shall also be submitted to the Chicago Regional Office of FEMA. (e) Notification to FEMA when physical changes increase or decrease the 100-year flood elevation. As soon as is practicable, but not later than six (6) months after the date, such supporting information becomes available, the director shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data.  Sec. 15 44-1205. Variances. (a) A variance means a change to a specific permitted development standard required in an official control including this ordinance. This change is to allow an alternative development  8  PacketPageNumber123of266 standard not stated as acceptable in the official control, but only as applied to a particular property. This is to lessen a hardship, practical difficulty or unique circumstance. (b) In granting a variance, the city council shall clearly identify in writing the specific conditions that existed justified the granting of the variance. (c) The city council may approve variances from this ordinance. To do so, the city council makes the findings required for a variance in state law. No variance shall allow a use prohibited in that district or permit a lower degree of flood protection than the Regulatory Flood Protection Elevation. A person may use a variance to change permissible methods of flood protection.  (d) The following additional FEMA variance criteria must be satisfied: (1) Variances shall not be issued by a city within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. (2) Variances shall only be issued by a city upon: a) a showing of good and sufficient cause; b) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and c) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (e) The director shall submit by mail to the DNR a copy of the application for proposed variance. The director shall mail such notice at least ten (10) days before the hearing. The director shall send a copy of all decisions granting a variance by mail to the DNR within ten (10) days of such action. (f) Flood insurance notice and record keeping. The director shall let the applicant for a variance know that: (1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and (2) Such construction below the 100-year or regional flood level increases risks to life and property. The city shall maintain such notification with a record of all variance actions. The city shall maintain a record of all variance actions, including justification for their issuance. The city shall also report such variances issued in its annual or biennial report submitted to the administrator of the National Flood Insurance Program.  9  PacketPageNumber124of266 Sec. 16 44-1206. Nonconformities. A person may continue to use a structure or premises which was lawful before the passage or amendment of this ordinance but is not in conformity with this ordinance. Uses are subject to the following conditions (except for historic structures, as defined in Section 7, which shall be subject to items (a) through (e) as outlined below only): (a) No person may expand, change, enlarge, or alter a nonconforming use in a way which increases its nonconformity. (b) An structural alteration within the inside dimensions of a nonconforming use or structure (interior alteration) is permissibleprovided it utilizes flood resistant materials so as not to result in increasing the flood damage potential of that use or structure. This is allowed only if it will not result in increasing the flood damage potential of that use or structure. (c) A structural addition to a structure must be elevated to the regulatory flood protection elevation in accordance with this ordinance.This is allowed only if it will not result in increasing the flood damage potential of that use or structure. (d) (c) The cost of all structural alterations or additions both inside and outside a structure to any nonconforming structure over the life of the structure shall not exceed fifty (50) percent of the market value of the structure unless the owner has satisfied the conditions of this ordinance. The city must calculate the cost of all structural alterations and additions to a structure since the adoption of the city's initial flood plain controls on July 28, 1986. The city must calculate these costs into current costs and include all costs such as construction materials and a reasonable cost placed on all labor. If the current cost of all previous and proposed alterations and additions exceeds fifty (50) percent of the current market value of the structure, then the structure must meet the standards of Sections 10 and 11 44-1200 and 44-1201 for new structures. (e) If any nonconforming use of a structure or land or nonconforming structure is destroyed by any means, including floods, to an extent of fifty (50) percent or more of its market value at the time of destruction, the owner shall not reconstruct it except in conformity with this ordinance. The city council may issue a permit for reconstruction if the use is not in the floodway and, upon reconstruction the owner adequately elevates it on fill in conformity with this ordinance. (f) If a substantial improvement occurs from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Section 10 of this ordinance for new structures, depending upon whether the structure is in the floodway or flood fringe, respectively. Sec. 17 44-1207. Penalties for violation. (a) A violation of the provisions of this ordinance or failure to follow any of its requirements (including violations of conditions and safeguards established about the granting of variances) is a misdemeanor.  10  PacketPageNumber125of266 (b) In responding to an ordinance violation, the city may request that the National Flood Insurance Program deny flood insurance to the guilty party. The city shall act in good faith to enforce these official controls and to correct ordinance violations when possible. (c) When an alleged violation is discovered by or shown to the director, the director shall investigate the situation. The director shall document the nature and extent of the alleged violation of the official control. As soon as is possible, the city will submit this information to the proper DNR and FEMA regional offices. The city will also submit its plan of action to correct the violation to these agencies. (d) The director shall notify the suspected party of the pertinent requirements of this ordinance and all other official controls. The director shall also notify the person in question about the nature and extent of the suspected violation of these controls. If the structure and/or use are under construction or development, the director may order the construction or development immediately halted. This construction or development moratorium shall be in force until the city grants a permit or approval. If the responsible party has completed the construction or development, then the director may either: (1) Issue an order identifying the corrective actions that the responsible party must make within a specified time to bring the use or structure into compliance with the official controls; or (2) Notify the responsible party to apply for an after-the-fact permit/development approval within 30-days. If the responsible party does not appropriately respond to the director within the specified time, each additional day that lapses is an additional ordinance violation. The city may prosecute such violations accordingly. The director shall also, upon the lapse of the specified response time, notify the property owner to restore the land to the condition which existed before the violation of this article. Sec. 18 44-1208. Amendments. The city shall submit all amendments to this ordinance, including revisions to the official flood plain zoning district map, to be approved by the Natural Resources Department before adoption. The city shall not remove the flood plain designation on the official flood plain zoning district map unless the owner fills the area to an elevation at or above the regulatory flood protection elevation and is contiguous to lands outside the flood plain. Changes in the official flood plain zoning map must meet FEMA's technical conditions and criteria and must receive prior FEMA approval before adoption. The DNR must be given ten (10) days written notice of all hearings to consider an amendment to this ordinance. This notice shall include a draft of the amendment or technical study under consideration. Sec. 19 44-1209. Travel trailers and travel Recreational vehicles. (a) Travel trailers and travel Recreational vehicles that do not meet the exemption criteria specified in subsection (a)(1)(a) of this section shall be subject to the provisions of this ordinance. Travel trailers and travel Recreational vehicles shall also be subject to the conditions listed in the sections below. (1) Exemption. Recreational A travel trailerand travel vehicles are exempt from the  11  PacketPageNumber126of266 provisions of this ordinance if their owner places them in any of the areas listed in subsection (a)(1)(b) of this section and if it meets the following criteria: a) Have current licenses required for highway use. b) Are highway ready meaning on wheels or have an internal jacking system and that the owner has attached it to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks. The travel trailer/travel recreational vehicle must also not have any permanent structural additions attached to it. c) The travel trailer or travel recreational vehicle and associated use must be an allowed use in the underlying zoning district.  recreational vehicles: (2) Areas exempted for placement of travel/ a) Individual lots or parcels of record. b) Existing commercial recreational vehicle parks or campgrounds. c) Existing condominium-type associations. (b) Travel trailers and travel Recreational vehicles exempted in subsection (a)(1) of this section lose this exemption when development occurs on the parcel exceeding five hundred ($500) dollars. This is for a structural addition to the travel trailer/travel recreational vehicle or an accessory structure such as a garage or storage building. The city will then consider the travel trailer/travel recreational vehicle and all additions and accessory structures as a new structure. The travel trailer/travel recreation vehicle shall then be subject to the elevation requirements and the use of land restrictions specified in this ordinance. There shall be no development or improvement on the parcel or attachment to the recreation vehicle that hinders the removal of the recreational vehicle to a flood free location should flooding occur. (c) New commercial travel trailer or travel recreation vehicle parks or campgrounds, new residential type subdivisions and condominium associations, and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following conditions: (1) The city will allow any new or replacement travel trailer or travel recreational vehicle in the floodway or flood fringe districts provided the following: a) The owner places said trailer or recreational vehicle and its contents on fill above the regulatory flood protection elevation following the provisions of Section 11 44-1201. b) Proper elevated road access to the site exists according to Sections 10 and 1144-1200 and 44-1201. c) No fill placed in the floodway to meet the requirements of this section shall increase the flood stages of the regional flood.  12  PacketPageNumber127of266 (2) As an alternative, the city may allow all new or replacement travel trailers or travel recreation vehicles not meeting the criteria of subsection (c)(1) of this section, if such placement is according to the following: a) The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. A registered engineer or other qualified individual shall prepare said plan. Said plan shall show that adequate time and personnel exist to carry out the evacuation. b) All attendant sewage and water facilities for new or replacement travel trailers or other recreational vehicles must be protected or constructed so while flooded they are not impaired or contaminated. The installation of such facilities shall follow the rules in Section 10(b)(7). Secs. 44-1210-44-1235. Reserved. The city council approved the first reading of this ordinance on May 10, 2010. The city council approved the second reading of this ordinance on _________________. Signed: _______________________________ _______________________________ Will Rossbach, Mayor Date Attest: ________________________________ Karen Guilfoile, City Clerk  13  PacketPageNumber128of266 Attachment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acketPageNumber129of266 Attachment 3 Draft Outline for the Maplewood City Code, Chapter 18 (Environment). New Articles and Divisions are shown as underlined. April 13, 2010 Chapter 18 ENVIRONMENT Article I.In General - Sec. 18-118-25. Reserved. Article II.Nuisances Division 1.Generally Sec. 18-26Unlawful to cause, create or commit. Sec. 18-27Common law and statutory nuisances adopted by reference. Sec. 18-28Unlawful to permit; cellars, drains cesspools or sewers. Sec. 18-29Rental agents to disclose name of owner or principal to city manager upon request. Sec. 18-30Public nuisances generally. Sec. 18-31Nuisances affecting health, safety, comfort or repose. Sec. 18-32Nuisances affecting morals and safety. Sec. 18-33Enforcement of article generally. Sec. 18-34Continuing violations. Sec. 18-35Notice to abate. Sec. 18-36Abatement by council. Sec. 18-37Abatement on premises. Sec. 18-38Violations of article. Sec. 18-39Loitering. Sec. 18-40- 18-65. Reserved. Division 2.Abandoned Motor Vehicles Sec. 18-66Purpose. Sec. 18-67Definitions. Sec. 18-68Violation. Sec. 18-69Taking into custody and impoundment. Sec. 18-70Certain vehicles declared nuisances; abatement; removal. Sec. 18-71Immediate sale of certain vehicles. Sec. 18-72Additional remedies. Sec. 18-73Police reports. Sec. 18-74Notice to owner and lienholders. Sec. 18-75Reclamation by owner or lienholder; preservation of lien rights. Sec. 18-76Sale of vehicle. Sec. 18-77Designation of poundkeeper. PacketPageNumber130of266 Sec. 18-78Bond of poundkeeper. Sec. 18-79Insurance of poundkeeper. Sec. 18-80Towing and storage charges generally. Sec. 18-81Release of vehicle and service fee before vehicle towed away. Sec. 18-82Abatement of towing and storage charges. Sec. 18-83Release of vehicles. Sec. 18-84Release form. Sec. 18-85Police records. Sec. 18-86- 18-110. Reserved. Division 3.Noise Control Sec. 18-111Prohibition generally; exception. Sec. 18-112Construction activities. Sec. 18-113Enforcement. Sec. 18-114-18-140. Reserved. Article III.Erosion and Sedimentation Control Sec. 18-115Purpose. Sec. 18-116Scope. Sec. 18-117Erosion and sediment control plan. Sec. 18-118Review of plan. Sec. 18-119Modification of plan. Sec. 18-120Escrow requirement. Sec. 18-121Enforcemenht; penalty. Sec. 18-122-18-175. Reserved. Article IV.Air Pollution Control Sec. 18-176Short title. Sec. 18-177State regulations adopted. Sec. 18-178Approval required to start fire. Sec. 18-179Penalties for violations. Sec. 18-180-18-XXX. Reserved. Article V.Environmental Protection and Critical Areas Division 1.Stormwater Management Division 2.Wetlands and Streams Division 3.Tree Protection Division 4. Slopes Division 5.Mississippi Critical Area Division 6.Flood Plain Overlay District Division 7.Shoreland Overlay District PacketPageNumber131of266 THIS PAGE IS INTENTIONALLY LEFT BLANK PacketPageNumber132of266 Agenda Item J.1 MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner DuWayne Konewko, Community Development and Parks Director Bill Priefer, Public Works Operations Analyst/Recycling Coordinator SUBJECT: Consider Adoption of the Recycling Contract Request for Proposal DATE: May 4, 2010 for the May 10 City Council Meeting INTRODUCTION The five-year recycling contract with Eureka Recycling will end on December 31, 2010. In order to ensure a new recycling contract is awarded by January 1, 2011, the city must prepare and submit a request for proposal (RFP) to interested recycling contractors which outlines the city’s recycling requirements. Background On February 1, 2010, the City Council held a workshop to discuss the recycling contract RFP process and requirements. On March 15, 2010, the Environmental and Natural Resources (ENR) Commission held a recycling contractor informational meeting. The intent of the meeting was to allow interested recycling contractors an opportunity to present their recycling program to the city. Following are the contractors which presented during the meeting: Allied Waste Services Tennis Sanitation Eureka Recycling Waste Management Highland Sanitation On February 24 and March 24, 2010, the ENR Commission reviewed draft language proposed for the city’s recycling contract RFP. On April 19, 2010, the ENR recommended approval of the draft recycling contract RFP. On April 26, 2010, the City Council held a workshop to review the recycling contract RFP (Attachment 1). No changes were requested to the RFP during the workshop. DISCUSSION Process Mary Chamberlain of R. W. Beck is assisting the city in the drafting of the recycling contract RFP as part of R. W. Beck’s technical assistance contract with Ramsey County. R. W. Beck assisted the city in its previous recycling contract RFP process in 2004. The schedule for review and completion of the RFP is as follows: PacketPageNumber133of266 May 10, 2010: City Council approval of RFP. June 1, 2010: Release of RFP. June 30, 2010: Proposal due date. July 19, 2010: ENR Commission review of proposals and recommendation of recycling contractor and draft contract. August 9, 2010: City Council approval of recycling contractor. August 23 or September 6, 2010: City Council approval of recycling contract. January 1, 2011: New recycling contract begins. RFP Content Dual-Stream versus Single-Stream Recycling Methods The ENR Commission thoroughly reviewed and made recommendations on the RFP language. In summary, the RFP calls for proposals on dual-stream or single-stream recycling collection. Single-stream recycling involves the collection of all residential recyclables including cans, glass, plastic, and paper combined and collected together. Dual-stream recycling collection involves separating and processing cans, glass, and plastic from paper. Our current recycling contractor, Eureka Recycling, collects and processes recycled material using the dual-stream method. Over the five-year recycling contract period with Eureka, the city and Eureka have worked to educate our citizens on the dual-stream recycling collection method. While dual-stream recycling may not be as convenient for residents as single-stream because of the sorting requirements, studies reflect that the residual rates for single-stream can be as high as 20 percent. The residual rate in Maplewood with our dual-stream collection is currently less than 1 percent. The term “residual” is defined as the material that, as a result of the sorting process, cannot be recycled due to material characteristics such as size, shape, color, cross- material contamination, etc., and must be disposed as solid waste. It was the commission’s goal to continue to promote the dual-stream method of recycling to ensure all materials that can be recycled such as glass, wet-strength cardboard, and milk cartons and juice boxes, are being recycled. Proposal Criteria Rating System The proposal evaluation process includes a point system for various criteria to determine the best value for the city and its residents. The RFP allows for a maximum of 100 points, with 60 points going to environmental and educational criteria and 40 points going toward price (i.e., cost of collection and amount of revenue). The evaluation criteria include the following: per household per month price for recycling collection services (30 points) strength of qualifications of the vendor (25) projected amount of revenue from the sale of recyclable materials shared with the city (10) pollution reduction efforts (7) responsiveness of the vendor to all provisions of the RFP (5) glass-to-glass recycling (5) additional recycling services (drop-off sites, etc.) (5) public education (5) innovative approaches to increase recycling rates (5) 2 PacketPageNumber134of266 opportunities for additional materials to be collected throughout the contract (3) Recycling Contract Term The proposed term for a new recycling contract is three years with the possibility of two, two- year extensions. Maplewood’s current recycling contract is for five years, with no language to allow for extensions. RECOMMENDATION Adopt the Recycling Contract Request for Proposal (Attachment 1). The request for proposal outlines the city’s recycling requirements and requests that interested recycling haulers submit a proposal for a three-year recycling contract with the city. The request for proposal will be released on June 1, 2010, with a requirement for proposal submittals due by June 30, 2010. The Environmental and Natural Resources Commission and City Council will review the proposals for final contract award in July and August 2010. Attachment: Maplewood Recycling Request for Proposal 3 PacketPageNumber135of266 Attachment1 City of Maplewood, Minnesota Request for Proposals (RFP) for Comprehensive Recycling Services May 4, 2010 Scheduled Release Date: June 1, 2010 City of Maplewood Community Development & Parks Department City Hall 1830 County Road B East Maplewood, MN 55109 PacketPageNumber136of266 Table of Contents 1.Introduction ................................................................................................................. 1 1.01 Statement of Intent and City Goals ...................................................................... 1 1.02 Background .......................................................................................................... 1 2.Definitions .................................................................................................................... 2 2.01 Aluminum ............................................................................................................ 2 2.02 City’s Designated Contact Person ....................................................................... 2 2.03 Collection ............................................................................................................. 3 2.04 Contract ................................................................................................................ 3 2.05 Contractor ............................................................................................................ 3 2.06 Contractor’s Annual Recycling Public Education Flyer ...................................... 3 2.07 Curbside Recycling Bins ...................................................................................... 3 2.08 Curbside Recycling Service ................................................................................. 3 2.09 Glass Bottles and Jars .......................................................................................... 3 2.10 Market Demand ................................................................................................... 4 2.11 Markets ................................................................................................................ 4 2.12 Materials Recovery Facility (MRF) ..................................................................... 4 2.13 Milk Cartons & Juice Boxes ................................................................................ 4 2.14 Multi-Family Dwelling (MFD) ............................................................................ 4 2.15 MFD Recycling Containers ................................................................................. 4 2.16 MFD Recycling Service ....................................................................................... 4 2.17 MFD Recycling Stations ...................................................................................... 4 2.18 Non-Targeted Materials ....................................................................................... 4 2.19 Old Corrugated Cardboard (OCC) ....................................................................... 4 2.20 Paper .................................................................................................................... 5 2.21 Participation Rate ................................................................................................. 5 2.22 Plastic Bottles....................................................................................................... 5 2.23 Process Residuals ................................................................................................. 5 2.24 Processing ............................................................................................................ 5 2.25 Proposal Scenarios ............................................................................................... 5 2.26 Rigid Containers .................................................................................................. 6 2.27 Set-Out Rate ......................................................................................................... 6 2.28 Single-Family Dwelling (SFD) ............................................................................ 6 2.29 Steel Cans............................................................................................................. 6 PacketPageNumber137of266 - i - 2.30 Textiles ................................................................................................................. 6 3.General Requirements for All Collections ................................................................ 6 3.01 Contractor Licensing Requirements .................................................................... 6 3.02 Collection Vehicle Equipment Requirements ...................................................... 6 3.03 Pollution Reduction and Environmentally Sustainable Initiatives ...................... 7 3.04 Personnel Requirements ....................................................................................... 7 3.05 Collection Hours and Days .................................................................................. 8 3.06 Holidays ............................................................................................................... 8 3.07 Severe Weather .................................................................................................... 8 3.08 Missed Collections ............................................................................................... 9 3.09 Customer Complaints........................................................................................... 9 3.10 City Retains Right to Specify Resident Preparation Instructions ........................ 9 3.11 Publicity, Promotion and Education .................................................................... 9 3.12 City Shall Approve Contractor’s Resident Education Tags .............................. 10 3.13 Weighing of Loads ............................................................................................. 10 3.14 Monthly and Annual Reports ............................................................................. 10 3.15 Annual Performance Review Meeting ............................................................... 11 3.16 Ownership of Recyclable Materials ................................................................... 11 3.17 Scavenging Prohibited ....................................................................................... 11 3.18 Cleanup of Spillage or Blowing Litter ............................................................... 12 3.19 Recyclable Material Required to be Transported to Markets; Disposal of Recyclable Materials Prohibited ........................................................................ 12 3.20 Processing Facilities Must be Specified ............................................................ 12 3.21 Estimating Materials Composition as Collected ................................................ 12 3.22 Process Residuals ............................................................................................... 13 3.23 Lack of Adequate Market Demand .................................................................... 13 3.24 Performance Monitoring .................................................................................... 13 4.Curbside Collection Requirements ......................................................................... 14 4.01 Point of Collection ............................................................................................. 14 4.02 Curbside Collection Schedule Deadline ............................................................ 14 4.03 Procedure for Handling Non-Targeted Materials .............................................. 14 4.04 Public Education Information for SFD Residents ............................................. 14 5.Multi-Family Dwelling (MFD) Collection Requirements ..................................... 14 PacketPageNumber138of266 - ii - 5.01 MFD Building Owners May Elect to Subscribe to Recycling Service Other Than the City’s Contract .................................................................................... 15 5.02 MFD Collection Stations ................................................................................... 15 5.03 MFD Container Location(s) ............................................................................... 15 5.04 MFD Service Standards ..................................................................................... 15 5.05 MFD Recycling Container Requirements .......................................................... 15 5.06 Responsibility for Providing and Maintaining Recycling Containers ............... 15 5.07 Public Education Information for MFD Tenants ............................................... 15 5.08 Other Public Education Tools to MFD Building Owners .................................. 16 5.09 Annual Report to MFD Building Owners .......................................................... 16 6.Municipal Facilities Collection Requirements ....................................................... 16 7.Payment Terms ......................................................................................................... 16 7.01 Compensation for Services Based on a Fee per Household .............................. 16 7.02 Revenue Sharing ................................................................................................ 17 7.03 Price Adjustment ................................................................................................ 17 8.Term of Contract ...................................................................................................... 17 9.Submitting Proposals ................................................................................................ 17 9.01 Proposed Schedule ............................................................................................. 17 9.02 Notification of Intent .......................................................................................... 18 9.03 Questions............................................................................................................ 18 9.04 Contact Restriction............................................................................................. 18 9.05 Proposals Held Confidential .............................................................................. 18 9.06 Review Committee ............................................................................................. 19 9.07 Negotiations ....................................................................................................... 19 9.08 Award of Contract .............................................................................................. 19 9.09 New Contract ..................................................................................................... 19 10.Proposals May be Rejected in Whole or Part ........................................................ 19 11.How to Submit Proposals ......................................................................................... 19 12.Proposal Content ....................................................................................................... 20 12.01 Proposal Content Checklist ............................................................................. 20 12.02 References ....................................................................................................... 20 12.03 Litigation ......................................................................................................... 20 12.04 Price Worksheet .............................................................................................. 20 12.04.1 Dual-Stream Proposal Scenario ............................................................. 20 PacketPageNumber139of266 - iii - 12.04.2 Single-Stream Proposal Scenario ........................................................... 21 12.04.3 Alternate Proposal Scenario ................................................................... 21 12.04.4 Revenue Sharing .................................................................................... 21 12.04.5 Processing Fees ...................................................................................... 23 12.04.6 Optional Services ................................................................................... 23 13.Vendors May Team with Other Companies ........................................................... 23 14.RFP and Proposal to Become Part of Final Contract ........................................... 23 15.Evaluation Criteria ................................................................................................... 23 16.Liquidated Damages ................................................................................................. 24 17.Insurance and Other Legal Requirements ............................................................. 25 17.01 Insurance ......................................................................................................... 25 17.01.1 Workers Compensation Insurance ......................................................... 25 17.01.2 Commercial General Liability Insurance ............................................... 25 17.01.3 Commercial Automobile Liability Insurance ........................................ 25 17.01.4 Professional Liability Insurance or Errors & Omissions Insurance ....... 25 17.01.5 Environmental Liability Insurance ........................................................ 26 17.02 Transfer of Interest .......................................................................................... 26 17.03 Non-Assignability and Bankruptcy................................................................. 26 17.04 Dispute Resolution and Arbitration Procedures ............................................. 26 17.05 Performance Bond .......................................................................................... 27 17.06 General Compliance ........................................................................................ 27 17.07 Independent Contractor ................................................................................... 27 17.08 Hold Harmless ................................................................................................ 27 17.09 Accounting Standards ..................................................................................... 27 17.10 Retention of Records ....................................................................................... 28 17.11 Data Practices.................................................................................................. 28 17.12 Inspection of Records ..................................................................................... 28 17.13 Applicable Law ............................................................................................... 28 17.14 Contract Termination ...................................................................................... 28 17.15 Employee Working Conditions and Contractor’s Safety Procedures ............. 29 Attachment A: Map of Maplewood’s Weekly Recycling Schedule Attachment B: Maplewood’s Reported Recycling Tonnage Attachment C: Price Worksheet PacketPageNumber140of266 - iv - Attachment D: Current Contractor’s Annual Recycling Public Education for SFD and MFD Residents Attachment E: Proposal Content Checklist PacketPageNumber141of266 - v - 1.Introduction The following sections describe the City of Maplewood’s intent, background, general information, and decision process about this request for proposals (RFP). 1.01Statement of Intent and City Goals This RFP defines the service standards, specifications and proposal requirements of the comprehensive recycling program for the City of Maplewood, Minnesota (City). The City seeks to enter into a new recycling contract with a company that has the resources and ability to provide residential recyclable materials collection services for the entire City. It is the intent of the City to accept and evaluate proposals for comprehensive recycling services including collection, processing, marketing and pubic education. The goals of the City are to: 1.) Maximize the fullest recovery possible of recyclable materials from all residents in the City (from both single-family and multi-family dwellings) and to achieve the most cost-effective solution; and 2.) Improve public education of all City residents about recycling services so as to improve participation and recovery rates. The City encourages proposing vendors to submit their best proposal possible. Vendors may propose multiple scenarios. The “dual-stream” proposal scenario assumes the City’s current dual-stream collection and processing recycling methods. Vendors may propose a “single-stream” proposal scenario and/or an “Alternate” proposal scenario, if collection design and price implications are explicitly described. Each scenario proposed must have a distinct, associated price. In addition, the City may consider the option to offer curbside food waste and organics collection to residents during the term of the agreement. If these additional services are considered, the City will request a proposal for such services from the Contractor for consideration prior to implementation. 1.02Background The City of Maplewood has had a curbside recycling program for over twenty years. The City’s current recycling contract requires single-family homes to be serviced on a weekly basis and multi family dwelling (MFD) buildings to be serviced at least twice per month. MFDs may require additional pick-ups as needed. The City’s current contract with the existing service provider expires on December 31, 2010. The City currently employs a dual-stream recycling program for the collection of fiber and containers. The fiber products accepted in the City’s recycling program include old newspaper, magazines, mixed mail, phone books, office paper, old corrugated cardboard, and boxboard. Containers accepted in the program include steel and aluminum cans, aluminum foil and trays; glass bottles and jars; plastic bottles with a neck labeled #1 or #2; and gable top milk cartons and aseptic packaging (i.e., juice boxes).In addition, textiles are also accepted for recycling. These materials are described in more detail in Section 2, “Definitions.” The City - 1 - PacketPageNumber142of266 supplies 14-gallon recycling bins to single-family households for curbside collection. The contractor supplies recycling containers to MFD buildings. In 2009, approximately 2,562 tons of recyclable material were collected from Maplewood residents. (Detailed tonnage information can be found in Attachment B, “Maplewood’s Reported Recycling Tonnage.”) Under its current contract, the City is billed $2.10 per household per month for weekly single-family curbside collection service and MFD collection service. 1 The 2010 population of Maplewood is estimated to be 37,500. The City has approximately 11,679 single-family dwellings (SFDs) that are served by curbside recycling collection. There are approximately 4,152 multi-family dwelling (MFD) units. In addition, the City’s contractor provides house-side collection of recyclables from residents with short- or long-term physical limitations. In 2009, this service was provided to fifteen (15) City residents. Recycling collection is scheduled by specific routes every Monday through Friday. The City is divided into five service areas which correspond to each of the five days recycling is provided. The number of SFDs in each service area are listed below. Monday 2,934 Tuesday 1,561 Wednesday 2,667 Thursday 1,856 Friday 2,662 A 2010 map of the City’s scheduled recycling collection days, by service area, can be found in Attachment A. The City requires that these collection days, by service area, remain the same under the new contract. 2.Definitions 2.01Aluminum Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice, water or other beverages. Also includes aluminum foil and trays. 2.02City’s Designated Contact Person The City has designated DuWayne Konewko, Community & Parks Development Director, as the City’s sole point of contact for prospective vendors and eventually the Contractor. 1 Source: “2030 Regional Development Framework – Revised Forecasts as of December 31, 2009,” Metropolitan Council. - 2 - PacketPageNumber143of266 2.03Collection The aggregation and transportation of recyclable materials from the place at which it is generated and includes all activities up to the time when it is delivered to a recycling facility. 2.04Contract The legal agreement executed between the City and the Contractor. The Contract shall include this RFP document, the successful proposal, and any written clarifications or modifications as specified in Section 14, “RFP and Proposal to Become Part of Final Contract.” 2.05Contractor The City’s recycling service contractor under the new Contract beginning operation on January 1, 2011. 2.06Contractor’s Annual Recycling Public Education Flyer The City requires the Contractor to publish and distribute an annual public education flyer that contains the following recycling information for City residents: Annual calendar and map of curbside recycling districts for Single-Family Dwellings; List of materials to be included for recycling; List of Non-Targeted Materials that cannot be recycled in the City’s program; and How to prepare materials. In addition, annual public education is required for MFD units as described in Section 5.07. (See Attachment D, “Contractor’s Annual Recycling Public Education Flyer”). 2.07Curbside Recycling Bins Uniform curbside recycling bins (e.g., red, 14-gallon plastic recycling “tubs”) supplied by the City in which recyclable materials can be stored and later placed for curbside Collection, as specified by the City. Also pertains to bins, boxes, bags or other containers used by residents to separate their recyclable materials. (The bins are available at no cost to City residents.) While most households in the City have one Curbside Recycling Bin, many have requested a second bin. The Curbside Recycling Bins remain the property of the City. 2.08Curbside Recycling Service The recycling Collection service specified within this RFP utilizing Curbside Recycling Bins. Some multi-family dwellings may receive Curbside Recycling Service using Curbside Recycling Bins. 2.09Glass Bottles and Jars Unbroken bottles and jars, and containers (lids/caps and pumps removed) that are primarily used for packing and bottling of food and beverages. - 3 - PacketPageNumber144of266 2.10Market Demand The economic and technical capacity of markets to use recyclable material to make new products. 2.11Markets Any person or company that buys (or charges) for recycling of specified materials and may include, but are not limited to: end-markets, intermediate processors, brokers and other recycling material reclaimers. 2.12Materials Recovery Facility (MRF) A recycling facility in which recyclable materials are processed. The facility will conform to all applicable rules, regulations and laws of state, local or other jurisdictions. 2.13Milk Cartons & Juice Boxes Gable top milk cartons, juice boxes and aseptic packaging used for soup, broth, soy milk, etc. 2.14Multi-Family Dwelling (MFD) A building or a portion thereof containing five or more dwelling units. 2.15MFD Recycling Containers Recycling containers used for multiple family dwellings (MFD) including any bin, cart, dumpster or other receptacle for temporary storage and Collection of designated recyclables from residents in MFDs prior to Collection. Such recycling containers must be separate, explicitly labeled as to recyclables included, and colored differently from other containers for mixed solid waste or trash. 2.16MFD Recycling Service Recycling Collection service, together with related public education and other customer services, provided to MFD residents that utilize MFD Recycling Containers (e.g., carts) and use MFD Recycling Stations. 2.17MFD Recycling Stations The location of MFD Recycling Containers designated by the recycling Contractor with agreement of the MFD building owner. MFD Recycling Stations will likely be a cluster of recycling carts and/or recycling dumpsters. 2.18Non-Targeted Materials Materials that are not included in the City’s recycling program. Examples of typical non-targeted items include (but are not limited to): pumps on plastic bottles, ceramic material in glass streams, frozen pizza boxes in the Paper stream, etc. 2.19Old Corrugated Cardboard (OCC) Cardboard material with double wall construction and corrugated separation between walls. Does not include plastic, wax or other coated cardboard. - 4 - PacketPageNumber145of266 2.20Paper Old Newspaper (ONP) with inserts; household office paper and mail; boxboard; old corrugated cardboard; magazines/catalogs/phone books; Kraft bags; and wet strength containers (e.g., soda/beer packaging). No boxboard containers used for food product storage in refrigerators or freezers are included. 2.21Participation Rate A record of which specific households on a recycling route set out recyclable materials at some point during a defined period of time (usually one month), as a percentage of the overall number of eligible households. 2.22Plastic Bottles Plastic bottles shaped with a neck, rinsed and with lids, caps, rings and pumps removed. Recyclable plastic bottles shall be identified on the bottom with the Society of the Plastics Industry (SPI) plastic codes #1 (PET) and #2 (HDPE) including bottles containing: liquor; milk; juice; soft drinks; water; certain foods; soap and cosmetics. 2.23Process Residuals The material that cannot be recycled due to material characteristics such as size, shape, color, cross-material contamination, etc. and must be disposed as mixed municipal solid waste. Process Residuals may include, but are not limited to, bulky items, contaminants, sorted tailings, floor sweepings and rejects from specific processing equipment (e.g., materials cleaned from screens, etc.). Process Residuals does not include clean, separated products that are normally processed and prepared for shipment to markets as commodities. 2.24Processing The sorting, volume reduction, baling, containment or other preparation of recyclable materials delivered to a MRF for transportation or marketing purposes. 2.25Proposal Scenarios There are two different recycling collection/processing systems identified by the City for purposes of this RFP: dual-stream and single-stream. In addition, alternate Collection scenarios may be proposed (see Attachment C, Price Worksheet). Dual-Stream Scenario - The proposal scenario assuming the City’s current dual-stream Collection and Processing system for purposes of this RFP. Dual- stream service includes Collection and Processing the residential curbside and MFD material within the form of a dual-stream system whereby residents will continue to be instructed to separate recyclables into two groups of materials: (1) all Rigid Containers and (2) all Paper fiber products. Other design and operating details of the current Collection, Processing and public education systems are assumed within this dual-stream scenario. Single-Stream Scenario – Vendors may propose a single-stream Collection and Processing system whereby residents will be instructed to commingle all groups of recyclable materials in a lidded, wheeled cart. - 5 - PacketPageNumber146of266 Alternate Scenario – Vendors may propose a variation of dual-stream or single-stream Collection. Variations may include additional materials to be collected, alternative container options, etc. (For example, single-stream Collection using Curbside Recycling Bins.) 2.26Rigid Containers Includes aluminum cans, foil and trays; steel cans; glass bottles and jars; milk cartons and juice boxes; and plastic bottles. 2.27Set-Out Rate The number of households (SFDs) that set out recyclable materials each week as a percentage of the number of eligible SFDs in the City. 2.28Single-Family Dwelling (SFD) A building containing up to four (4) dwelling units. 2.29Steel Cans Disposable containers fabricated primarily of steel or tin used for food and beverages. 2.30Textiles Textiles include unwanted but reusable linens such as towels, sheets, blankets, curtains, tablecloths, and clothes including: belts, coats, hats, gloves, shoes and boots that are clean and free of mold, mildew and excessive stains. Textiles must be dry. 3.General Requirements for All Collections The following general requirements are pertinent to all recycling Collections (i.e., both Curbside Recycling Service and MFD Recycling Service). However, the City acknowledges that Collection service frequencies and other factors will vary between residential and MFD Collection programs. 3.01Contractor Licensing Requirements Haulers of recyclable materials must have a Collection license issued by the City, per City Code Section 30-41. 3.02Collection Vehicle Equipment Requirements Vehicles shall be designated to accommodate Collection material separation as specified by the Contract, and shall be clearly signed on both sides as a recycling Collection vehicle. In addition,all Collection vehicles used in performance of the Contract shall: Be duly licensed and inspected by the State of Minnesota; Operate within the weight allowed by Minnesota Statutes and local ordinances; Be Minnesota Department of Transportation (DOT)-compliant at all times; Have a maximum loaded weight not to exceed 40,000 pounds; and - 6 - PacketPageNumber147of266 Be kept clean and as free from offensive odors as possible. Each Collection vehicle shall be equipped with the following: a. Two-way communications device. b. First aid kit. c. An approved fire extinguisher. d. Warning flashers. e. Warning alarms to indicate movement in reverse. f. Sign on the rear of the vehicle which states “This Vehicle Makes Frequent Stops.” g. A broom and shovel for cleaning up spills. All of the required equipment must be in proper working order. All vehicles must be maintained in proper working order and be as clean and free from odors as possible. All vehicles must be clearly identified on both sides with Contractor’s name and telephone number prominently displayed. The lettering must be at least three inches in height. 3.03Pollution Reduction and Environmentally Sustainable Initiatives Contractor shall demonstrate a commitment to reducing air pollution from Collection vehicles. Contractor shall submit as part of its proposal, a list of quantitative steps it has taken to reduce air pollution. Examples may include: A description of its current use of low-sulfur diesel fuel, biodiesel, or natural gas; A description of its current use of particulate filters for its fleet; and/or A timetable for converting its fleet to using alternative fuels and installing air pollution reduction technology. In addition, proposers shall describe their current efforts and future plans to reduce greenhouse gas emissions (from Collection operations, Processing operations, transporting materials to market, etc.) as well as any environmentally sustainable initiatives that are currently a part of the proposer’s business operations or are planned for the future. 3.04Personnel Requirements Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of the services described in this RFP. The Contractor will provide a Route Supervisor to oversee the recycling route drivers servicing the City. The Route Supervisor will be available to address customer complaints each day. The Contractor shall have on duty Monday through Friday from 7:00 a.m. to 5:00 p.m. a dispatch customer service representative to receive customer calls and route issues. The Contractor shall provide a 24-hour answering service line or device to receive customer calls. The Route Supervisor and all Collection vehicles must be equipped with 2-way communication devices. - 7 - PacketPageNumber148of266 Contractor’s personnel will be trained both in program operations and in customer service and insure that all personnel maintain a positive attitude with the public and in the work place and shall: a. Conduct themselves at all times in a courteous manner and use no abusive or foul language. b. Perform their duties in accordance with all existing laws and ordinances and future amendments thereto of the Federal, State of Minnesota, and local governing boards. c. Be clean and presentable in appearance, as so far as possible. d. Wear a uniform and employee identification badge or name tag. e. Drive in a safe and considerate manner. f. Manage Curbside Recycling Bins and MFD Recycling Containers in a careful manner so as to avoid spillage and littering or damage to the bin or container. Containers should not be thrown once emptied. g. Monitor for any spillage and be responsible for cleaning up any litter or breakage. h. Avoid damage to property. i. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. 3.05Collection Hours and Days The City requires all recycling Collections to begin no sooner than 7 a.m. and shall be complete by 7 p.m. The City requires scheduled Collection days to be Monday through Friday (as shown in Attachment A) and pre-selected Saturdays during holiday weeks (see Section 3.06). The Contractor may request City authorization of exceptions to these time restrictions (e.g., pursuant to the “Severe Weather” provision described in Section 3.07). The Contractor must request such exception from the City’s Designated Contact Person via telephone or email, prior to the requested Collection event and specify the date, time and reason for the exception. 3.06Holidays Holidays refers to any of the following: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and any other holidays mutually agreed to by the City and Contractor. In no instance will there be more than one holiday during a Collection week. When the scheduled Collection day falls on a holiday, Collection for that day will be collected one day later. The Contractor shall publish the yearly calendar including alternate Collection days, with assistance from the City. 3.07Severe Weather The Contractor may postpone recycling Collections due to severe weather at the sole discretion of the Contractor. “Severe Weather” shall include, but shall not be limited to, those cases in which the temperature at 6:00 a.m. is minus twenty (-20) - 8 - PacketPageNumber149of266 degrees Fahrenheit or colder. If Collections are so postponed, the Contractor shall notify the City’s Designated Contact Person via telephone or email. Upon postponement, Collection will be made on a day agreed upon between the Contractor and the City. 3.08Missed Collections The Contractor shall have a duty to pick up missed recycling Collections. The Contractor agrees to pick up all missed Collections on the same day the Contractor receives notice of a missed Collection, provided notice is received by the Contractor before 11:00 a.m. on a business day. With respect to all notices of a missed Collection received after 11:00 a.m. on a business day, the Contractor agrees to pick up that missed Collection before 4:00 p.m. on the following business day. 3.09Customer Complaints Contractor shall provide staffing of a telephone-equipped office to receive missed Collection complaints between the hours of 7:00 a.m. and 5:00 p.m. on weekdays, except holidays. The Contractor shall have an answering machine or voice mail system activated to receive phone calls after hours. Contractor shall keep a log of all complaints, including the nature of the complaints; the names, addresses, and contact numbers of the complainants; the date and time received; the Contractor’s response; and the date and time of response. This information shall be provided to the City in a monthly report. Complaints on service will be taken and collected by the Contractor. The City will notify the Contractor of all complaints it receives. The Contractor is responsible for corrective actions and shall answer all complaints courteously and promptly. 3.10City Retains Right to Specify Resident Preparation Instructions The Contractor shall agree that it is the City’s sole right to clearly specify the resident sorting and setout requirements. 3.11Publicity, Promotion and Education The City updates its website with recycling information and instructions and periodically publishes recycling-related information in the City’s newsletter, Maplewood Monthly. The newsletter is direct mailed to every home, business and apartment in Maplewood and is also available on the City’s website year- round. In an effort to increase participation and improve compliance with City-specified resident preparation instructions, the Contractor shall publish and distribute (via mail or hand deliver) public education to SFDs as described in Section 2.05, “Contractor’s Annual Recycling Public Education Flyer” and Section 4.04, “Public Education Information for SFD Residents.” The Contractor must also publish and distribute public education to MFDs as described in Section 5.07, “Public Education Information for MFD Tenants.” - 9 - PacketPageNumber150of266 The Contractor must be able to provide public education material in languages other than English (e.g., Spanish, Hmong, Somali, etc.). The City will work with the Contractor regarding the quantities needed and the locations for distribution. The Contractor shall submit a draft of any public education literature for approval by the City, at least one (1) month before printing and distribution of any such literature. As part of this proposal, proposers shall describe their experience in providing Collection services at community events and what, if any, Collection opportunities could be provided at Maplewood community events or City- sponsored events, and whether there would be a cost associated with the service. In addition, proposers are encouraged to specify other public education tools that they are willing to provide (e.g., recycling education materials targeted for a specific neighborhood, targeting a specific material type, etc.). As part of this proposal, proposers shall provide examples of public education materials they have developed for other municipalities. 3.12City Shall Approve Contractor’s Resident Education Tags The Contractor shall produce “resident education tags” to be left by curbside Collection crews if any Non-Targeted Material is rejected and left at the curb. The Contractor shall submit a draft of the tags for approval by the City, at least one (1) month before printing. 3.13Weighing of Loads Contractor will keep accurate records consisting of an approved weight slip with the date, time, Collection route, driver’s name, vehicle number, tare weight, gross weight and net weight for each loaded vehicle that has collected recyclable material from SFDs and MFDs in Maplewood. Collection vehicles will be weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be kept on file and made available for inspection upon request by the City. 3.14Monthly and Annual Reports The Contractor will submit to the City monthly reports and annual reports. At a minimum, the Contractor shall include the following information monthly: Total quantities of recyclable materials collected, by material type (in tons). Net quantities of recyclable materials marketed, by material type (in tons). Quantities of Process Residuals disposed (in tons). Recycling service fee (based upon contracted price per household). Revenue share credits back to the City (if any). Log of all complaints, including the nature of the complaints; the names, addresses, and contact numbers of the complainants; the date and time received; the Contractor’s response; and the date and time of response. Log of all resident addresses where “education tags” where left because of Non-Targeted Materials set out for recycling. - 10 - PacketPageNumber151of266 At a minimum, the Contractor shall include the following information annually: Total quantities of recyclable materials collected in the City, by material type (in tons). Net quantities of the City’s recyclable materials marketed, by material type (in tons). Quantities of Process Residuals disposed (in tons). Disposal location of Process Residuals. Materials composition analysis of the City’s recyclable materials. Average Participation Rate and Set-Out Rate and an explanation of how those rates were calculated. A list of households not participating in the curbside recycling program. th Monthly reports shall be due to the City by the 15 day of each month. Annual reports shall be due by January 31. The Contractor shall include in its annual report recommendations for continuous improvement in the City’s recycling program (e.g., public education, MFD Recycling Service, etc.). 3.15Annual Performance Review Meeting Upon receipt of the Contractors annual report (see Section 3.14of this RFP), the City shall schedule an annual meeting with the Contractor and the City’s Environmental & Natural Resources Commission. The objectives of this annual meeting will include, but not be limited to, the following: Review Contractor’s annual report, including trends in recovery rate and participation. Review efforts the Contractor has made to expand markets for recyclable materials. Review Contractor’s performance based on feedback from residents to the Environmental & Natural Resources Commission members and/or City staff. Review Contractor’s recommendations for improvement to the City’s recycling program, including enhanced public education and other opportunities. Review City staff recommendations for Contractor’s service improvements. Discuss other opportunities for improvement during the remainder of the contract. 3.16Ownership of Recyclable Materials Ownership of the recyclable materials shall remain with the person placing them for Collection until Contractor’s personnel physically touches them for Collection, at which time the ownership of the recyclable materials shall transfer to Contractor. 3.17Scavenging Prohibited It is unlawful for any person other than the City’s recycling Contractor to collect, remove, or dispose of designated recyclable materials after the materials have - 11 - PacketPageNumber152of266 been placed or deposited for Collection in the recycling containers. The City’s recycling Contractor’s employees may not collect or “scavenge” through recycling in any manner that interferes with the contracted recycling services. 3.18Cleanup of Spillage or Blowing Litter The Contractor shall clean up any material spilled or blown during the course of Collection and/or hauling operations. All Collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Designated recyclable materials shall be transported in a covered vehicle so that the recyclable materials do not drop or blow onto any public street or private property during transport. 3.19Recyclable Material Required to be Transported to Markets; Disposal of Recyclable Materials Prohibited Upon Collection by the City’s recycling Contractor, the City’s Contractor shall deliver the designated recyclables to a MRF, an end market for sale or reuse, or to an intermediate Collection center for later delivery to a MRF or end market. It is unlawful for any person to transport for disposal or to dispose of designated recyclables in a mixed municipal solid waste disposal facility. The City prefers the highest and best use of the glass collected within the City. The process of recycling glass bottles and containers back into glass bottles and containers is preferred over Processing glass to be used as road aggregate, sandblast media, fiberglass or other alternative uses. Proposers shall provide a written statement describing the end use of the glass collected from the City of Maplewood as part of their proposal. As stated in Section 17.12, “Inspection of Records,” at any time, the City or its designee may inspect the Contractor’s records. 3.20Processing Facilities Must be Specified The Contractor shall assure the City that adequate recyclable material Processing capacity will be provided for City material collected. The proposals must clearly specify the location(s) of the Processing facilities or MRFs where material collected from the City will be delivered and/or processed. The Contractor shall provide written notice to the City at least 60 days in advance of any change in these or subsequent plans for receiving and Processing recyclable materials collected from the City. 3.21Estimating Materials Composition as Collected The Contractor shall conduct at least one materials composition analysis of the City’s recyclable materials each year to estimate the relative amount, by weight, of each recyclable commodity by grade (i.e., industry specification) or offer a suitable alternative to a composition analysis. The results of this analysis shall include: (1) percent by weight of each recyclable commodity by grade as collected from the City; (2) percent of weight of the Process Residuals as collected from the City; (3) relative change compared to the previous year’s composition; and (4) a description of the methodology used to calculate the composition, including number of samples, dates weighed, and City route(s) used - 12 - PacketPageNumber153of266 for sampling. The Contractor shall provide the City with a copy of the analysis each year of the Contract. 3.22Process Residuals The Contractor shall provide the City a written description of the means to estimate Process Residuals derived from the City’s recyclable materials. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any changes to the Processing facilities used by the Contractor. The City may audit the records of the Contractor to verify the agreed upon process (see Section 17.12, “Inspection of Records”). The quantities of Process Residuals must be reported to the City in the annual composition analysis as described in Section 3.21. In addition, the Contractor must report to the City, on an annual basis, the disposal location of Process Residuals. Proposers shall provide a written description of how their company plans to minimize the amount of residuals from the Processing of the City’s recyclable materials, as part of their proposal. 3.23Lack of Adequate Market Demand In the event that the market for a particular recyclable material ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue Collection, Processing and marketing of that particular recyclable material, the City and the Contractor will both agree in writing that it is no longer appropriate to collect such item before Collection ceases. The Contractor shall give the City as much notice as possible, in writing, about the indications of such market condition changes. The City and Contractor shall agree on a date in a written Contract amendment to cease Collection of the recyclable item in question. The Contractor shall at all times be under a duty to minimize the quantity of recyclable materials disposed in a landfill, incinerator or other facility receiving mixed municipal solid waste. If disposal of any recyclable commodity becomes necessary, upon receiving written permission from the City, the Contractor shall dispose of the recyclable materials at a facility specified in writing by the City or an alternative agreed upon by the City and the Contractor. The City and the Contractor will negotiate a cost for disposal as a substitute for a Processing fee for that material. 3.24Performance Monitoring The City will monitor the performance of the Contractor against goals and performance standards required within this RFP and in the Contract. Substandard performance as determined by the City will constitute non-compliance. If action to correct such substandard performance is not taken by the Contractor within 60 days after being notified by the City in writing, the City will initiate the Contract termination procedures. - 13 - PacketPageNumber154of266 4.Curbside Collection Requirements The following Collection requirements are for Curbside Recycling Service only (Single-Family Dwellings and buildings with up to four units) and do not pertain to multi-family household type of Collection services. 4.01Point of Collection All curbside Collection service will occur at the curbside (i.e., there are no alley Collections), with the exception of elderly residents or those with short- or long- term physical limitations who require house-side Collection service. 4.02Curbside Collection Schedule Deadline If the Contractor determines that the Collection of recyclable materials will not be completed by 7:00 p.m. on the scheduled Collection day, the Contractor shall notify the City by 4:30 p.m. that same day and request an extension of the Collection hours. The Contractor shall inform the City of the areas not completed, the reason for non-completion and the expected time of completion. If the City’s Designated Contact Person cannot be reached, the Contractor will request the City Manager. 4.03Procedure for Handling Non-Targeted Materials If the Contractor determines that a resident has set out Non-Targeted Materials, the driver shall use the following procedure: 1.Contractor shall leave the Non-Targeted Materials in the resident’s Curbside Recycling Bin and leave an “education tag” indicating acceptable materials and the proper method of preparation. 2.The driver shall record the address and the Contractor shall report the address to the City in the monthly report. If this procedure for handling Non-Targeted Materials is not feasible for automated or semi-automated Collection systems, the proposer must so specify and explain alternative public education methods to maintain and improve quality of recyclable materials set out by City residents. 4.04Public Education Information for SFD Residents The Contractor shall be responsible for the following: Annual distribution of the Contractor’s Recycling Public Education Flyer as described in Section 2.05; and Distribution of resident education tags to be left by curbside Collection crews if any Non-Targeted Material is rejected and left at the curb. 5.Multi-Family Dwelling (MFD) Collection Requirements The following Collection requirements are for MFD Recycling Service only and do not pertain to Curbside Recycling Service. - 14 - PacketPageNumber155of266 5.01MFD Building Owners May Elect to Subscribe to Recycling Service Other Than the City’s Contract MFD building owners are able to use the City’s recycling Contractor to provide recycling services or they may independently contract with another licensed recycling contractor to provide the recycling services at the owner’s expense. 5.02MFD Collection Stations MFD Recycling Stations will be specified with agreement of the MFD building owner on a case-by-case basis. MFD Recycling Stations will likely be a cluster of recycling carts and/or recycling dumpsters. The number and location of MFD Recycling Stations shall be adequate to be reasonably convenient and accessible to all MFD residents. 5.03MFD Container Location(s) MFD Recycling Containers shall be placed in a location(s) on the MFD premises which permits access for Collection purposes but which does not obstruct pedestrian or vehicular traffic and shall comply with the City’s zoning and other ordinances. 5.04MFD Service Standards At a minimum, MFD recyclables Collection services shall be available on the premises and shall be provided on a regularly scheduled basis of at least twice per month. The Collection schedule and recycling containers’ capacity shall provide for regular removal of the recyclables such that there is adequate storage capacity available in the recycling containers to avoid overflowing containers. 5.05MFD Recycling Container Requirements The recycling containers shall be: 1.Sufficient in number and size to meet the demands for recycling services created by the occupants. 2.Equipped with hinged lids. 3.Equipped with standardized labels identifying the type of recyclable material to be deposited in each container. 4.Colored differently from other containers used for garbage Collection. 5.Maintained in proper operating condition and reasonably clean and sanitary. 6.Repaired or replaced on a reasonable schedule if stolen or broken. 5.06Responsibility for Providing and Maintaining Recycling Containers If the MFD building owner uses the City’s Contractor, adequate MFD Recycling Containers shall be provided and maintained by the City’s Contractor. 5.07Public Education Information for MFD Tenants At least once per year, for each MFD building they service, the City’s recycling Contractor shall supply the MFD building owner with a sufficient number of recycling fact sheets/instructions for all units in the building(s). The information - 15 - PacketPageNumber156of266 should specifically address MFD Recycling Service and should not be the same educational material distributed to SFDs. 5.08Other Public Education Tools to MFD Building Owners Proposers are encouraged to specify other public education tools that the Contractor will provide, in cooperation and coordination with MFD building owners. 5.09Annual Report to MFD Building Owners The City’s Contractor shall provide an annual report by January 31 of each year to the MFD building owners served by the City’s Contractor. A copy of each report to the MFD building owners shall also be submitted to the City. The report shall contain, at a minimum, the following information: 1.Name of owner and building manager and contact information (mailing address, phone numbers, e-mail address, etc.). 2.Street address of each MFD served. 3.Number of dwelling units for each MFD. 4.Description of Collection services made available to occupants, including number of MFD Recycling Stations, number of MFD Recycling Containers, location of stations and dates of Collection. 5.Description of public education tools used to inform occupants of availability of services. 6.Total quantities of recyclable materials collected, by material type. 7.Recommendations for future improvements to increase recovery rates (e.g., specific public education tools). 6.Municipal Facilities Collection Requirements The Contractor shall provide, at no charge, recycling containers and Collection service once per week at the following City buildings: 1.City Hall - 1830 County Road B East 2.Public Works – 1902 County Road B East 3.Parks & Recreation Maintenance Building – 1810 County Road B East 4.Fire Station One – 1177 Century Avenue North 5.Fire Station Two - 1955 Clarence Street 6.Community Center - 2100 White Bear Avenue 7.Payment Terms 7.01Compensation for Services Based on a Fee per Household The City agrees to pay the Contractor for recycling Collection services provided to the City as described in the Contractor’s proposal, and made part of an executed Contract, based on the number of household units certified by the City. - 16 - PacketPageNumber157of266 st By February 1 of each year the City will review the number of certified SFD and MFD units and notify Contractor of any changes. Contractor shall submit itemized bills for recycling Collection services provided to the City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to the City. The Contractor shall submit the monthly documentation and reports as detailed in Section 3.14 with the monthly bill. Payment to the Contractor will not be released unless the required information is included in the monthly bill or submitted separately according to the deadlines as specified in Section 3.14. 7.02Revenue Sharing Proposers may elect to participate in revenue sharing with the City as detailed in Section 12.04.4. If the final Contract negotiated includes revenue sharing, the Contractor shall, on a monthly basis, rebate an amount to the City based on a mutually agreed upon formula. 7.03Price Adjustment The price per household per month for 2011 will be set in accordance with the per household price proposed on the pricing worksheet (Attachment C). The annual per household fee payable for each successive Contract year shall equal the annual fee payable for the previous year adjusted proportionately by the annual Consumer Price Index (CPI) or 3%, whichever is lower. The published index for determining the annual percent change of the CPI will be the Federal Reserve Bank of Minneapolis. If the CPI for the previous calendar year is negative, the price per household would remain unchanged for the subsequent year. 8.Term of Contract The term of the new recycling Contract will be a period of three (3) years from January 1, 2011 through December 31, 2013. The City may consider up to two, 2-year extensions for years 2014-2015 and 2016-2017, at the City’s sole discretion. 9.Submitting Proposals To the best of its ability, the City will use the following process and schedule for its decision-making: 9.01Proposed Schedule June 1, 2010 Release of RFP June 11 Notification of Intent June 11 Questions from Potential Proposers Due June 18 City Responds to Proposers’ Questions June 30 Proposals Due - 17 - PacketPageNumber158of266 July 19 Environmental & Natural Resources Commission review and recommendation of recycling Contractor and draft Contract August 9 City Council Meeting: Approval of Recycling Contractor Aug. 10 – Aug. 23 Negotiations with Contractor Aug. 23 or Sept. 13 City Council Awards Recycling Contract January 1, 2011 Contract Start Date 9.02Notification of Intent Prospective Contractors interested in responding to this RFP shall notify the City in writing (via email or facsimile) of their interest. Notifications of intent should be sent to: Mr. DuWayne Konewko Community & Parks Development Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Fax: (651) 249-2319 E-mail: duwayne.konewko@ci.maplewood.mn.us Notifications shall include the vendor’s name, contact person’s title, address, Notification of intent must be made by phone number, and e-mail address. June 11, 2010 . It is the responsibility of the vendors to ensure their Notification of Intent was received by the City. 9.03Questions Questions, requests for clarification or requests for information about this RFP or process must be submitted in writing (via mail, email or fax) to the City’s contact Friday,June 11, 2010 person by 4 p.m. . All questions and requests for more information and the City’s responses will be summarized in writing and Friday, June 18, 2010 forwarded to all prospective proposers prior to . 9.04Contact Restriction Any unauthorized contact with City staff, City Council Members, or members of the City’s Environmental & Natural Resources Commission will subject the company to disqualification from further consideration. This restriction will be in effect from the date this RFP is finalized and authorized for release by the City Council through the date of final Contract award (including authorization for execution) by the City Council. 9.05Proposals Held Confidential Only the company names of vendors submitting proposals will be made public. All proposal documents shall be held as confidential until the City Council awards a new Contract and authorizes staff to execute the new Contract. - 18 - PacketPageNumber159of266 9.06Review Committee The City will form a proposal review committee, to review and analyze the details of the qualified submitted proposals. (See Section 15, “Evaluation Criteria” of this RFP.) The committee will be a subset of the Environmental & Natural Resources (ENR) Commission and will include up to three members. The committee will recommend the top three vendors, in rank order of priority, to the ENR Commission and then the ENR Commission will recommend the top three vendors, in rank order of priority, to the City Council. 9.07Negotiations City staff will negotiate with the top ranked vendor.If negotiations with top- ranked vendor are not successful, the City may then initiate negotiations with second ranked vendor, and so on. The City reserves the right to negotiate specific work elements with a respondent into a Contract of lesser or greater expense than described in this RFP or the respondent's reply. 9.08Award of Contract Once a draft Contract has been successfully negotiated, City staff will present its August 9, 2010 recommendations to the City Council (tentatively planned for ). If approved, the City Council will then award the Contract and authorize staff to execute it. 9.09New Contract The new recycling Contract will commence on January 1, 2011. 10.Proposals May be Rejected in Whole or Part The City of Maplewood reserves the right to: Reject any or all proposals; Reject parts of proposals; Negotiate modifications of proposals submitted; and Accept part or all of the proposals on the basis of consideration(s) other than proceeds or cost. 11.How to Submit Proposals Proposals will be accepted only from those who submitted a Notification of Intent as described in Section 9.01. Proposal shall be submitted to the Community & Parks Development Office at Wednesday,June 30, 2010 City Hall no later than 4 p.m. (CDT) on , in a sealed envelope with the name of the proposing company on the outside and addressed as follows: - 19 - PacketPageNumber160of266 Enclosed: “Recycling Services Proposal” City of Maplewood, City Hall Community & Parks Development Office 1830 County Road B East Maplewood, MN 55109 c/o DuWayne Konewko Community & Parks Development Director Proposals will be date-stamped and treated in accordance with MN Statutes 13.591, Subdivision 3 (b), Data Practices Act. Twelve (12) written, hard copies of the proposal and all attachments shall be submitted. One electronic copy of the proposal must also be submitted on a CD disk (or suitable alternative disk format) inside of the sealed envelope. The proposal file must be formatted in Microsoft WORD or a suitably compatible alternative. 12.Proposal Content 12.01Proposal Content Checklist Qualified proposals must include all of the elements referenced in this RFP. A Attachment E Proposal Content Checklist can be found in . 12.02References Proposers must include a list of references including other municipal clients in the Twin Cities metro region receiving similar services. 12.03Litigation Statement as to any litigation in the past five years within the State of Minnesota and the current status of that litigation. 12.04Price Worksheet Vendors must complete a price worksheet as part of each proposal they submit (see Attachment C for worksheet). Vendors may complete one or both proposal scenario price worksheets: “Dual-stream” and/or “Single-stream.” In addition, vendors may also complete an “Alternate” proposal scenario price worksheet if their proposed system does not fit into one of the first two scenarios. The proposal must describe the Collection, Processing and public education services for both SFD and MFD Collection service. 12.04.1Dual-Stream Proposal Scenario If vendors propose under the dual-stream scenario, they should assume materials would be both collected and processed in a dual-stream mode. Under this dual-stream scenario, residents will be instructed to separate recyclables into two groups of materials: (1) all Rigid Containers and (2) all Paper fiber products. Under this dual-stream scenario, Processing shall also be by the categories as collected: Paper separated from Rigid - 20 - PacketPageNumber161of266 Containers. It is not acceptable to propose to collect materials in a dual- stream mode and then process them in a single-stream mode. If the City awards a new dual-stream service Contract under this scenario, the new Contractor shall not make any changes to either the dual-stream Collection or Processing systems without written approval of the City. Vendors may propose variations to this scenario. 12.04.2Single-Stream Proposal Scenario Vendors may propose a single-stream Collection and Processing system whereby residents will be instructed to commingle all groups of recyclable materials in a lidded, wheeled cart and the vendor will collect and process the materials in a single-stream. If vendors propose under this single- stream proposal scenario, the vendor must provide an explicit description of the following Collection design details: Cart size and other specifications; Ownership of carts (City vs. Contractor); Residents’ material preparation and setout requirements (e.g., if corrugated cardboard is to be placed in the single-stream cart, location of carts, etc.); Handling Non-Targeted Materials (see Section 4.03); Collection frequency; and Any other Collection system design and operational elements the City will need to fully understand the single-stream proposal. 12.04.3Alternate Proposal Scenario Vendors proposing an alternate Collection scenario must explicitly describe the Collection service design (e.g., resident materials sorting/preparation requirements, Collection frequency, container size, container ownership, etc.). 12.04.4Revenue Sharing All qualified proposals shall state explicitly if the vendor proposes to participate in revenue sharing with the City. If the City awards the Contract to a vendor that proposes revenue sharing, the Contractor shall, on a monthly basis, rebate an amount to the City based on a mutually agreed upon formula. The components of the revenue sharing formulae include: Published industry end market “index” for Paper and Aluminum ($ per ton based on specified commodity grades); Proposed percent revenue share (%) by commodity; Proposed Processing fee ($ per ton) by commodity; and Estimated commodity tonnage volumes (tons per month). The basic revenue share formula outline within this RFP can be summarized as a portion (%) of the vendor’s materials sales revenue from - 21 - PacketPageNumber162of266 sale of Paper grades and Aluminum, less Processing costs for these commodities. The City-initiated revenue sharing outline for purposes of this RFP consists of the following formulae: Paper. 1.) A per ton payment of all Paper grades collected from the City based on the designated published index less the proposed Paper Processing cost per ton. The designated published index used shall be the Official Board Markets (OBM) “Yellow Sheet,” first week of the month, Chicago region for Old Newspapers (ONP) #8, high-side of range. Proposers must state on the price worksheet (Attachment C) what percent of this index will be used for the “gross revenue” and the proposed Paper Processing cost per ton. Aluminum. 2.) A per ton payment of Aluminum collected from the City based on the designated published index less the proposed Aluminum Processing cost per ton. The designated published index used shall be the American Metal Market (AMM), Aluminum (1st issue of the month), high-side nonferrous scrap prices: scrap metals, domestic aluminum producers, buying prices for processed used aluminum cans in carload lots, f.o.b. shipping point, used beverage can scrap. Proposers must state on the price worksheet (Attachment C) what percent of this index will be used for the “gross revenue” and the proposed Aluminum Processing cost per ton. If a revenue sharing component is offered (i.e., greater than zero percent) for either Paper or Aluminum, each month the Contractor shall provide, together with the monthly rebate to the City, adequate documentation of the corresponding monthly estimate of tons of all Paper grades and tons of Aluminum collected from the City even in the case the City were to receive no rebate for the month. Also, the Contractor shall provide copies of the referenced OBM market index and AMM market index with each monthly statement. Proposers shall provide a detailed explanation of how they will calculate the tonnage estimates. At no time shall the City’s total net revenue share be less than zero ($0). In other words, the City shall not pay the Contractor for a “negative” revenue share. If there is a “negative” revenue share, the City shall only pay Processing costs for the tons collected. The City understands that net revenues may equal zero at times due to poor markets; however, the City shall not pay any costs above and beyond Processing costs. Each proposal scenario must contain a percent revenue share offer for both Paper and Aluminum as described immediately above (see Attachment C – Price Worksheet). Proposers may offer from zero (0) percent to 100 percent revenue share. The vendors may propose revenue sharing for other commodities and corresponding pricing formulae in their proposal by completing the “Alternate Proposal Scenario” in Attachment C. In addition, the City or the Contractor may propose revenue sharing for other commodities and corresponding pricing formulae at any time during the duration of the - 22 - PacketPageNumber163of266 Contract. The parties shall enter into negotiations in good faith and any new revenue sharing agreement shall be reduced in writing in the form of an amendment to the Contract. 12.04.5Processing Fees Processing fees will be calculated by multiplying the tons of all Paper materials (defined in Section 2.19) and the tons of Aluminum (defined in Section 2.01) collected by the Processing fees proposed in Attachment C. Processing fees will not be applied to Process Residuals. 12.04.6Optional Services Proposers may provide descriptions of additional services available to the City, including but not limited to: Additional materials proposed to be collected for recycling from SFD and MFD units such as Textiles, additional plastics, scrap metal, etc. Proposer must provide explanation/documentation that these materials will be recycled and the end markets are sustainable. Development of drop-off sites for OCC, scrap metal, and/or other material. Descriptions of innovative ideas and approaches to increase recycling rates, promote reuse and waste reduction, and other sustainability efforts. 13.Vendors May Team with Other Companies It is recognized that some prospective haulers may wish to sub-contract with other companies for Processing services. This is allowed as needed, but all such Contractor–sub-contractor relationships must be explicitly described in each proposal scenario. The City will contract with only one primary Contractor for the recycling services. Multiple vendors may team up with other complementary hauling or recycling companies provided there is no collusion. A company may be listed as a part of more than one team as long as this company submits a written certification that no collusion occurred between competing proposals. 14.RFP and Proposal to Become Part of Final Contract The contents of this RFP, the successful proposal, and any written clarifications or modifications to the contents thereof submitted by the successful proposer shall become part of the contractual obligations and be incorporated by reference into the ensuing Contract. If any provision of the Contract is in conflict with the referenced RFP or proposal, the Contract shall take precedent. 15.Evaluation Criteria The City will objectively evaluate the proposals submitted to determine the best value for the City and its residents. A comprehensive set of criteria will be used to quantify the merits of each proposal package. The evaluation criteria and relative point values for each are shown below. - 23 - PacketPageNumber164of266 1E\MQYQ4SWWMFPI )ZEPYEXMSR'VMXIVME4SMRXW The per household per month price for recycling Collection services, 30 for both SFD and MFD units. Strength of qualifications of the vendor (together with any proposed 25 sub-contractor, if any), especially related to the particular needs of the City of Maplewood. Qualifications will include, but not be limited to, the proven capacities of the vendor to meet the operational requirements of the City (e.g., servicing other cities of similar size, vendor references, etc.). Projected amount of revenue from the sale of recyclable materials 10 shared with the City. Pollution reduction efforts as outlined in Section 3.03. 7 Responsiveness of the vendor to all provisions of this RFP. 5 Glass-to-glass recycling. The City prefers the highest & best use of 5 the glass collected within the City (i.e., manufacturing back into glass bottles and containers rather than used as road aggregate, sandblast media, fiberglass, etc.). Additional recycling services for the City (e.g., drop-off sites for OCC 5 or scrap metal, participation in City-sponsored events, etc.). Public education beyond RFP requirements (e.g., more than once 5 per year, target specific neighborhoods, etc.). Innovative approaches to increase recycling rates, promote waste 5 reduction, reuse and other sustainability efforts. Additional materials to be collected for recycling (e.g., Textiles, 3 additional plastics, scrap metal, etc.) and documentation that these materials will be recycled and the end markets are sustainable. 8SXEP4SWWMFPI4SMRXW 16.Liquidated Damages The Contractor shall agree, in addition to any other remedies available to the City, the City may withhold payment from the Contractor in the amounts specified below as liquidated damages for failure of the Contractor to fulfill its obligations: 1.Failure to respond to legitimate service complaints within 24 hours in a reasonable and professional manner - $50 per incident. 2.Failure to collect properly notified missed Collections - $250 per incident. 3.Failure to provide monthly and annual reports - $100 per incident. 4.Failure to complete the Collections within the specified timeframes without proper notice to the City - $100 per incident. 5.Failure to clean up from spills during Collection operations - $250 per incident. - 24 - PacketPageNumber165of266 6.Failure to report on changes in location of recyclable materials Processing operations - $250 per incident. 7.Failure to provide written description of the means to estimate relative amount of Process Residuals derived from the City’s recyclables - $100 per incident. 8.Making changes to the Collection and Processing systems prior to receiving City approval to implement any such change - $5,000. 9.Failure to conduct and report results of the annual composition analysis - $100 per incident. These designated amounts for non-performance do not represent penalties. 17.Insurance and Other Legal Requirements 17.01Insurance Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the Contract and shall remain continuously in force for the duration of the Contract. The Contractor and its sub-contractors shall secure and maintain the following insurance: 17.01.1Workers Compensation Insurance Workers Compensation insurance shall meet the statutory obligations with Coverage B - Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit and $100,000 disease each employee. 17.01.2Commercial General Liability Insurance Commercial General Liability insurance shall be at the limits of at least $1,000,000 general aggregate, $1,000,000 personal and advertising injury, $1,000,000 each occurrence, $50,000 fire damage and $1,000 medical expense any one person. The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. This insurance shall include up to $10,000 expenses to extract pollutants from land or water at the “premises” if the discharge, dispersal, seepage, migration, release, escape or emission of the pollutants is caused by or results from a covered cause of loss. 17.01.3Commercial Automobile Liability Insurance Commercial Automobile Liability insurance covering all owned, non- owned and hired automobiles with limits of at least $1,000,000 per accident. This insurance shall include a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation. 17.01.4Professional Liability Insurance or Errors & Omissions Insurance Professional Liability Insurance or Errors & Omissions insurance providing coverage for 1) the claims that arise from the errors or - 25 - PacketPageNumber166of266 omissions of the Contractor or its sub-contractors and 2) the negligence or failure to render a professional service by the Contractor or its sub- contractors. The insurance policy should provide coverage in the amount of $1,000,000 each occurrence and $1,000,000 annual aggregate. The insurance policy must provide the protection stated for two years after completion of the work. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. Evidence of coverage is to be provided on a City- approved Insurance Certificate. A thirty (30)-day written notice is required if the policy is canceled, not renewed or materially changed. The Contractor shall require any of its sub-contractors, if sub-contracting is allowable under this contact, to comply with these provisions. 17.01.5Environmental Liability Insurance The Contractor agrees that they shall obtain and maintain environmental liability insurance in compliance with local, state and federal regulations for all matters related to in this recycling services agreement. Contractor shall add the City as an additional insured under said insurance policy(s). The policy coverage shall include Environmental Impairment Liability. Contractor shall provide the City with appropriate documentation of said environmental liability insurance for verification upon written request from the City. The Contractor further indemnifies the City, its employees, agents and licensees from all liability related to hazardous contamination/pollution resulting from the acts of the Contractor, its employees or agents. 17.02Transfer of Interest The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the Contract, either by assignment or novation, without the prior written approval of the City. The Contractor shall not sub-contract any services under this Contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or sub-contract shall be grounds for immediate Contract termination. 17.03Non-Assignability and Bankruptcy The parties hereby agree that the Contractor shall have no right to assign or transfer its rights and obligations under said agreement without written approval from the City. In the event, the Contractor, its successors or assigns files for Bankruptcy as provided by federal law, this agreement shall be immediately deemed null and void relieving all parties of their Contract rights and obligations. 17.04Dispute Resolution and Arbitration Procedures The parties agree that any controversy or claim arising out of or relating to the agreement or the breach thereof, shall be settled, at the option of the City by - 26 - PacketPageNumber167of266 arbitration in accordance with the Rules of the American Association of Arbitration and judgment upon the award by the Arbitrator(s) may be entered in any court with jurisdiction thereof. 17.05Performance Bond The Contract shall specify requirements for a performance bond in the case of the Contractor’s failure to perform contracted services. The performance bond shall be for a minimum of $300,000. 17.06General Compliance The Contractor agrees to comply with all applicable Federal, State and local laws and regulations governing funds provided under this Contract. Once negotiations begin, the City will provide draft Contract language to the preferred vendor to address other standard legal requirements. (Note: These requirements may include, but not be limited to: specification for performance bond, prevailing wage; anti-trust, arbitration, human rights, City administrative ordinance; etc.). 17.07Independent Contractor Nothing contained in this agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or sub-contractors of the Contractor only and not of the City; and any and all claims that might arise, including Worker's Compensation claims under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of Contractor. 17.08Hold Harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its employees, its agents, or employees of sub- contractors, in the performance of the services provided by this Contract or by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations under this Contract. If a Contractor is a self-insured agency of the State of Minnesota, the terms and conditions of Minnesota Statute 3.732 et seq. shall apply with respect to liability bonding, insurance and liability limits. The provisions of Minnesota Statutes Chapter 466 shall apply to other political subdivisions of the State of Minnesota. 17.09Accounting Standards The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this Contract. - 27 - PacketPageNumber168of266 17.10Retention of Records The Contractor shall retain all records pertinent to expenditures incurred under this Contract for a period of three years after the resolution of all audit findings. Records for non-expendable property acquired with funds under this Contract shall be retained for three years after final disposition of such property. 17.11Data Practices The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must immediately report to the City any requests from third parties for information relating to this Agreement. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor’s unlawful disclosure or use of data protected under state and federal laws. All Proposals shall be treated as non-public information until the proposals are opened for review by the City. At that time the Proposals and their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13. 17.12Inspection of Records All Contractor records with respect to any matters covered by this agreement shall be made available to the City or its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 17.13Applicable Law The laws of the State of Minnesota shall govern all interpretations of this Contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Ramsey, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. 17.14Contract Termination The City may cancel the Contract if the Contractor fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of the Contract if the default has not been cured after 60 days written notice has been provided. The City shall pay Contractor all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the Contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Contractor under this agreement shall, at the option of the City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. - 28 - PacketPageNumber169of266 17.15Employee Working Conditions and Contractor’s Safety Procedures The Contractor will ensure adequate working conditions and safety procedures are in place to comply with all applicable federal, state and local laws and regulations. The City reserves the right to inspect on a random basis all trucks, equipment, facilities, working conditions, training manuals, records of claims for Worker's Compensation or safety violations and standard operating procedures documents. - 29 - PacketPageNumber170of266 %XXEGLQIRX% 1ETSJ1ETPI[SSHvW;IIOP]6IG]GPMRK7GLIHYPI PacketPageNumber171of266 PacketPageNumber172of266 %XXEGLQIRX& 1ETPI[SSHvW6ITSVXIH6IG]GPMRK8SRREKI PacketPageNumber173of266 %XXEGLQIRX& 1ETPI[SSHvW6ITSVXIH6IG]GPMRK8SRREKI The total tons of recyclable material collected by the current contracted hauler in the City of Maplewood the last four years are shown in Table B-1. 8EFPI& %RRYEP'YVFWMHIERH1*(6IG]GPEFPI1EXIVMEPW'SPPIGXIHYRHIV'SRXVEGX MR8SRW  'MX]SJ1ETPI[SSH  Single-Family 2,306 2,200 2,040 1,930 Multi-Family 308 489 628 632 Total 2,614 2,689 2,668 2,562 These figures do not include an additional fifty tons (or less) per year of recyclables picked up at MFD buildings by other vendors not under contract by the City (the City does not reimburse the vendors who service these accounts). Per the City’s current contractor, the City’s curbside participation rate in 2009 was 70 percent and the set-out rate was 45 percent. Table B-2 itemizes the reported tonnage by material for 2009. Currently the City contracts for curbside recycling for single-family households and most of the MFD apartments units. A number of independent haulers serve other MFD units. B-1 PacketPageNumber174of266 8EFPI& 6ITSVXIH'YVFWMHIERH1*(6IG]GPEFPI1EXIVMEPW'SPPIGXIH MR8SRW  'MX]SJ1ETPI[SSH 1*( 9RHIV838%01*(4IVGIRXEKISJ 'YVFWMHI'MX]9RHIV'MX] -RHITIRHIRX8SXEP 9RHIV 7*( 'SRXVEGX 'SRXVEGX,EYPIVW 'MX]'SRXVEGX  4ETIV News Mix 1,213.60 374.859.40 1,588.4562.9% Cardboard 105.00 32.440.10 137.445.4% Boxboard 70.07 21.650.00 91.723.6% Wet Strength 6.90 2.150.00 9.050.4% Phone Books 1.16 0.360.00 1.520.1% Textiles 1.70 0.540.00 2.240.1% Residuals 3.05 0.950.00 4.000.2% TOTAL PAPER1,401.48 432.941,834.429.50 72.6% 'SRXEMRIVW Total Glass 335.80 105.065.10 440.8617.4% Steel Cans 55.15 17.110.90 72.262.9% Aluminum Cans 27.78 8.660.20 36.441.4% PET 46.08 14.300.00 60.382.4% HDPE 58.10 18.050.00 76.153.0% Plastics 0.00 0.000.50 0.000.0% Mixed Containers 0.00 0.002.34 0.000.0% Residuals 5.80 0.210.00 6.010.2% TOTAL CONTAINERS528.71 163.39692.109.04 27.4% Single-Stream 0.00 0.0017.41 0.00 838%08327 B-2 PacketPageNumber175of266 %XXEGLQIRX' 4VMGI;SVOWLIIX PacketPageNumber176of266 %XXEGLQIRX' 4VMGI;SVOWLIIX -RWXVYGXMSRWJSV'MX]SJ1ETPI[SSH6*44VMGI;SVOWLIIX All proposers must fill out at least one price worksheet with each proposal scenario - Dual-Stream or Single-Stream. In addition, proposers may also complete the optional “Alternate” proposal scenario worksheet. Proposers may submit multiple scenarios. Vendors may use the attached forms or use their own in similar formats. However, the contents in Attachment C’s price worksheets must be included if alternative formats are submitted. If the vendor proposes under the Dual-Stream scenario, the City will assume a collection service design similar to the current system, including weekly service. If the vendor proposes under the Single-Stream or Alternate proposal scenarios, the proposal must explicitly describe the collection service design (e.g., resident materials sorting/preparation requirements, collection frequency, cart size, cart ownership, procedure for handling non-targeted materials, etc.). 4VMGITIV,SYWILSPH The proposed price per household per month charge to the City for SFD curbside recycling service and MFD recycling service must be completed for each scenario. 6IZIRYI7LEVMRK The basic revenue share formula outline within this RFP can be summarized as a portion of the vendor’s materials sales revenue from sale of all paper grades and aluminum, less processing costs for these commodities. Alternative revenue sharing formulae may be proposed. Vendors can indicate from zero (0) to 100 percent revenue share for percent of the 1 designated published price index. Thus, vendors may opt out of the revenue share component by simply inserting zero (0) percent for both the paper and aluminum revenue share lines for each scenario proposed. Alternate revenue sharing formula can be proposed, however these must be clear with examples for each alternate formula included as part of the proposal. In order to evaluate the proposals that contain revenue sharing, the City will calculate the net revenue share back to the City by using the assumed tonnage and material splits in Attachment B, Table B-2 (Total Under City Contract) and the following specified published indices: 1 If a vendor chooses not to use the designated published index, but rather use a verified market price paid to vendor from the sale of a particular recyclable commodity, it must be stated explicitly. C-1 PacketPageNumber177of266 All Paper - OBM “Yellow Sheet,” first week of the month, Chicago region for News #8, high-side. Aluminum – Waste News’ Secondary Materials Pricing, first week of the month, Chicago (Midwest/Central) region, Aluminum Cans, sorted and baled, regional average. It is important to note that the City does not guarantee any minimum tonnage or any specific material splits. These are estimates only for purposes of this RFP and comparing the value of any revenue sharing proposals. C-2 PacketPageNumber178of266 'MX]SJ1ETPI[SSH 6IG]GPMRK'SPPIGXMSR4VMGI;SVOWLIIX Proposer (Company Name): ______________________________________________ (YEP7XVIEQ6IG]GPMRK'SPPIGXMSR Proposed price per residential household per $__________ per SFD per month month: $__________ per MFD per month 6IZIRYI7LEVI4VSTSWEP  _________ % of published paper price index or 2 Paper revenue share percentage: verified market price paid to vendor 3 Paper processing cost per ton: $____________ per ton of all paper grades _________ % of published aluminum price index 4 Aluminum revenue share percentage: or verified market price paid to vendor 3 Aluminum processing cost per ton: $____________ per ton of aluminum 1 Revenue share is the published index (or actual sales) less processing fees. 2 OBM “Yellow Sheet,” first week of the month, Chicago region, high price for ONP #8. 3 Verified market price paid to vendor for all paper grades (please provide an explanation of how actual market prices will be verified and reported to the City). 4 AMM, Aluminum, first issue of the month, high price for nonferrous scrap prices. Frequency of Collection (weekly or every-other-week): ____________________________ PacketPageNumber179of266 'MX]SJ1ETPI[SSH 6IG]GPMRK'SPPIGXMSR4VMGI;SVOWLIIX Proposer (Company Name): ______________________________________________ 7MRKPI7XVIEQ6IG]GPMRK'SPPIGXMSR Proposed price per residential household per $__________ per SFD per month month: $__________ per MFD per month 6IZIRYI7LEVI4VSTSWEP  _________ % of published paper price index or 2 Paper revenue share percentage: verified market price paid to vendor 3 Paper processing cost per ton: $____________ per ton of all paper grades _________ % of published aluminum price index 4 Aluminum revenue share percentage: or verified market price paid to vendor 3 Aluminum processing cost per ton: $____________ per ton of aluminum 1 Revenue share is the published index (or actual sales) less processing fees. 2 OBM “Yellow Sheet,” first week of the month, Chicago region, high price for ONP #8. 3 Verified market price paid to vendor for all paper grades (please provide an explanation of how actual market prices will be verified and reported to the City). 4 AMM, Aluminum, first issue of the month, high price for nonferrous scrap prices. Frequency of Collection (weekly or every-other-week): ____________________________ PacketPageNumber180of266 'MX]SJ1ETPI[SSH 6IG]GPMRK'SPPIGXMSR4VMGI;SVOWLIIX Proposer (Company Name): ______________________________________________ %PXIVREXI4VSTSWEP7GIREVMS 8MXPI (IWGVMTXMSR CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC Proposed price per residential household per $__________ per SFD per month month: $__________ per MFD per month 6IZIRYI7LEVI4VSTSWEP  _________ % of published price index or verified 2 Commodity: ______________________ market price paid to vendor 3 Commodity: ______________________ $_________ per ton Processing cost per ton: _________ % of published price index or verified 2 Commodity: ______________________ market price paid to vendor 3 Commodity: ______________________ $_________ per ton Processing cost per ton: _________ % of published price index or verified 2 Commodity: ______________________ market price paid to vendor 3 Commodity: ______________________ $_________ per ton Processing cost per ton: 1 Revenue share is the published index (or actual sales) less processing fees. 2 Please provide the name of the index, the commodity grade and other details related to the index to be used. 3 Verified market price paid to vendor for certain commodities (please provide an explanation of how actual market prices will be verified and reported to the City). Frequency of Collection (weekly or every-other-week): ____________________________ PacketPageNumber181of266 %XXEGLQIRX( 'YVVIRX'SRXVEGXSVvW%RRYEP6IG]GPMRK 4YFPMG)HYGEXMSRJSV7*(ERH1*(6IWMHIRXW PacketPageNumber182of266 4IVQMX2S 7EMRX4EYP12 4%-( 974SWXEKI [[[IYVIOEVIG]GPMRKSVK 2SRTVS´X3VK /IRRIH]7XVIIX2)`1MRRIETSPMW12 PacketPageNumber183of266 PacketPageNumber184of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acketPageNumber185of266  6IG]GPI ;IORS[XLEXMXGERFIEGLEPPIRKIXSJMRHWTEGIXSWXSVI VIG]GPMRKMR]SYVLSQIERHMXXEOIWXMQIERHIJJSVXXSWSVX QEXIVMEPWERHFVMRKXLIQHS[RXLIWXEMVWERHSYXXSXLIGEVXW  :SPYRXIIVXSFI &YXXLII\XVEIJJSVX]SYQEOIXSVIG]GPIVIEPP]HSIWQEOIE EGEVXQSRMXSV HMJJIVIRGI ;IGER¬XTMGOYT]SYVVIG]GPMRKYRPIWW  8EPOXS]SYVRIMKLFSVW XLIGEVXWEVIXVEWLJVII3RGIEGEVX 'LIGOMR[MXLSXLIVTISTPIMR]SYVFYMPHMRK IWTIGMEPP]RI[ LEWXVEWLMRMXMXEXXVEGXWQSVIXVEWLWS VIWMHIRXW ERHQEOIWYVIXLI]ORS[[LIVIXLIGEVXWEVIERHLS[XS OIITMRKEGPSWII]ISR[LEX¬WMR]SYV VIG]GPI'EPPYWEX  7368  ERH[IGERWIRH]SY GEVXW[MPPLIPTOIIT]SYVQEXIVMEPW JVIIJP]IVWXSTEWWSYXERHTSWXIVWXSLERKMR]SYVPEYRHV]VSSQ GPIERERHVIG]GPEFPI PSFF]SVSR]SYVHSSV +YMHIXS6IG]GPMRKEX]SYV&YMPHMRK 5YIWXMSRW# 'EPPXLI6IG]GPMRK,SXPMRI  7368  [[[IYVIOEVIG]GPMRKSVK Nonprofit Org. US Postage PAID Saint Paul, MN Permit No. 2787 /IRRIH]7XVIIX2) 1MRRIETSPMW12 8LMWQYPXMJEQMP]VIG]GPMRKTVSKVEQMWWTSRWSVIHF])YVIOE 6IG]GPMRKXLI'MX]SJ1ETPI[SSHERHXLI7XEXISJ1MRRIWSXE 7'36)JYRHWXLVSYKL6EQWI]'SYRX] PacketPageNumber186of266 %XXEGLQIRX) 4VSTSWEP'SRXIRX'LIGOPMWX PacketPageNumber187of266 City of Maplewood Proposal Content Checklist complete and submit Proposers shall this checklist. Items to be included in proposals are listed as either Mandatory or Optional. Mandatory Twelve (12) written, hard copies of the proposal and all attachments. One (1) electronic copy of the proposal (formatted in Microsoft Word or a suitably comparable alternative). Statement of vendor qualifications, including references of other municipal clients in the Twin Cities metro region receiving similar services. List of materials proposed to be collected if different than the City’s standard list of recyclable materials (Sections 2.19, “Paper” and 2.25, “Rigid Containers”). If additional materials are being proposed to be collected for recycling, please describe under the “Optional” section below. Examples of Proposer’s public education materials. List of location(s) of the processing facilities or MRFs where material collected from the City will be delivered and/or processed. Completed price worksheet(s) (Attachment C), by collection method (Dual-Stream, Single- Stream, or Alternate), including proposed price per SFD per month and MFD per month. In addition, if the vendor proposes processing costs per ton and/or revenue sharing, the details must be provided under the specific collection method. Statement as to any litigation in the past five years within the State of Minnesota and the current status of that litigation. Statement of the end use of the glass collected from the City of Maplewood. Provide descriptions of the following: Proposed dual-stream and/or single-stream collection, processing and public education services for: Single-family dwellings (SFDs) receiving curbside recycling service. Multiple family dwellings (MFDs) receiving curbside recycling service or MFD collection service. Experience in providing recycling collection services at community events for other municipalities. If proposal includes the option of providing recycling collection opportunities at Maplewood community events, please indicate any potential costs associated with providing such service. (over) E-1 PacketPageNumber188of266 Proposal Content Checklist (continued) Contractor–sub-contractor relationships, if applicable. Proposer’s plans to minimize the amount of residuals from the processing of the City’s recyclable materials. Proposer’s current steps to reducing air pollution from collection vehicles including, but not limited to: use of low-sulfur diesel fuel, biodiesel, or natural gas; current use of particulate filters for the fleet; and/or a timetable for converting fleet to using alternative fuels and installing air pollution reduction technology. Proposer’s current efforts and future plans to reduce greenhouse gas emissions (from collection operations, processing operations, transporting materials to market, etc.) as well as any environmentally sustainable initiatives that are currently a part of the proposer’s business operations or are planned for the future. Optional List of additional materials proposed to be collected for recycling from SFD and MFD units such as textiles, additional plastics, scrap metal, etc. Proposer must provide explanation/documentation that these materials will be recycled and the end markets are sustainable. Development of drop-off site(s) for OCC, scrap metal, and/or other material. Specify additional public education that the Proposer is able to provide the City beyond the RFP requirements (e.g., more than once per year, target specific neighborhoods, etc.). Specify other public education tools that the Contractor could provide in cooperation and coordination with MFD building owners (e.g., posters, signage, etc.). Describe innovative approaches to promote waste reduction and reuse and increase recycling rates. In addition, provide examples of other sustainability efforts. E-2 PacketPageNumber189of266 Agenda Item J2 AGENDAREPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/Deputy Director of Public Works SUBJECT: Frost Avenue Bridge Replacement, City Project 10-07 a. Resolution Establishing a Bridge Replacement Program and Calling Public Hearing for May 24, 2010 b. Review Preliminary Bridge Design Concepts DATE: April 30, 2010 INTRODUCTION On March 22, 2010, the Council authorized design services for the replacement of the Frost Avenue Bridge over Phalen Creek for the purpose of securing State Bridge Bond Funds. The establishment of a Bridge Replacement Program is the first step in requesting State Bridge Bond Funds and a public hearing is required to establish a Bridge Replacement Program. In addition, staff is requesting input from the City Council on preliminary design concepts that have been developed for the bridge. BACKGROUND The existing Frost Avenue Bridge over Phalen Creek is deteriorated, substandard in width, and in need of replacement. The most recent annual bridge inspection, conducted on behalf of Maplewood by Ramsey County, indicated that the existing bridge structure is structurally deficient. This does not mean that the existing bridge is in danger of collapse, rather that it should be scheduled for replacement and qualifies for funding. The State of Minnesota has established the State Transportation Fund, also known as the State Bridge Bond Fund, to assist local government agencies in the replacement of deficient bridges. The City currently has five bridges under its jurisdiction, and based on the annual inspections, two of these bridges, the Frost Avenue Bridge over Phalen Creek and the Sterling Street Bridge over Fish Creek, will need to be replaced in the near future. In order for the City to apply for funding assistance for the replacement of these bridges, the City needs to approve a resolution establishing a Prioritized Bridge Replacement List. The establishment of the Bridge Replacement Prioritization List notifies Mn/DOT of the City’s bridge replacement needs and also allows the City to apply to Mn/DOT for State Bridge Bond Funding. The establishment of a Prioritized Bridge Replacement List requires that the City hold a public hearing. A separate funding application will need to be made to Mn/DOT when the City decides to move forward with the replacement of each bridge. State Bridge Bond Funds will cover most normal bridge construction costs; however, demolition of the existing bridge, the construction of bridge approaches/roadway improvements, aesthetic features, turf establishment, and engineering fees are not eligible. The State Bridge Bond funds will pay between 50 percent and 100 percent of the eligible costs. For agencies that have historically used all of their State Aid funds, Mn/DOT typically pays 100 percent of the eligible items. PacketPageNumber190of266 Agenda Item J2 In order to secure State Bridge Bond Funding, bridge plans and specifications need to be prepared and approved by Mn/DOT. Once this occurs Mn/DOT will commit funds to the project. In the event that funds are not available at that time, the approved plans will establish the project’s position for funding when additional funds are made available to Mn/DOT through the State Bridge Bond Fund. DISCUSSION A discussion regarding the design for the replacement of the Frost Avenue Bridge was conducted with the Historical Preservation Commission (HPC) on April 15, 2010. The HPC members understood that a replacement structure was necessary, but wanted to maintain the look and integrity of the current bridge. A summary of the ideas and suggestions provided by the HPC members is as follows: Maintain the arch design and otherwise keep the look/character of the existing bridge Use a form liner to replicate the exact texture of the existing bridge into the new bridge and also try to match the existing bridge colors Salvage some of the existing limestone veneer and incorporate it into the new structure Recreate historic signage and/or monuments in the area The proposed bridge design was also discussed with the Community Design Review Board (CDRB) at their meeting on April 27, 2010 (Environmental and Natural Resources and Parks and Recreation Commissions were also invited to attend). The CDRB provided input on the overall bridge design and they made the following comments/suggestions: Explore the addition of lighting under the bridge for pedestrians The new bridge headwall should match the existing bridge design including color and texture Consider adding lights along the top of the bridge to match future Gladstone improvements Consider anti-graffiti coating on new bridge Liked the idea of an interpretive site near the bridge constructed of materials salvaged from the existing bridge. It could serve as a reflection/rest stop location for passing walkers and bikers. The CDRB also provided valuable feedback on how to proceed with the preliminary design. The Board was in favor of moving forward with Concept 1 which replicates a similar look to the existing bridge (arches). Please find the following attached to this report: Concept 1. Concept 1 was favored because it allows better views of the lake and park area from the bridge due to the style of railing. Concept 2. Not favored because railing blocks view of lake from bridge/trail. Rest Area / Pylon Sign. This would be incorporated to pay tribute to the old bridge by incorporating salvaged limestone from the existing bridge into the monument. A plaque with information on history of the bridge and area is also shown. Details would be formulated by working with the HPC and CDRB at future meetings. Street Cross-Section. This shows the proposed bridge width compared to the existing. It is very similar except additional width would be incorporated in order to provide a multi-use trail on the south side of the bridge. These documents are also available for viewing on the city website. PacketPageNumber191of266 Agenda Item J2 RECOMMENDATION It is recommended that the City Council approve the attached resolution calling a public hearing for 7:00 p.m. on Monday, May 24, 2010, for the establishment of a Bridge Replacement Program. It is also recommended that Council review the enclosed preliminary concept drawings for the Frost Avenue Bridge and provide staff with feedback in order to move the design forward. Attachments: 1. Resolution 2. Location Map 3. Bridge Concept 1 4. Bridge Concept 2 5. Bridge Limestone Information Pylon/Rest Stop Area 6. Typical Roadway/Bridge Sections PacketPageNumber192of266 Agenda Item J2 Attachment 1 RESOLUTION ESTABLISHING A BRIDGE REPLACEMENT PROGRAM AND CALLING FOR PUBLIC HEARING WHEREAS, the City of Maplewood wishes to establish a Bridge Replacement Program; and WHEREAS, the establishment of a Bridge Replacement Program requires the creation of a Prioritized Bridge Replacement List; and WHEREAS, the creation of the Prioritized Bridge Replacement List requires a public hearing; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A public hearing shall be held on the creation of a Prioritized Bridge Replacement List on the th 24 day of May 2010 in the Council Chambers of City Hall at 7:00 p.m., and the city clerk shall give mailed and published notice of such hearing and improvement as required by law. PacketPageNumber193of266 Agenda Item J2 Frost Avenue Bridge Replacement Attachment 2 DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (March 31, 2010), The Lawrence Group;March 31, 2010 for County parcel and property records data; March 2010 for commercial and PacketPageNumber194of266 Agenda Item J2 Attachment 3 PacketPageNumber195of266 Agenda Item J2 Attachment 4 PacketPageNumber196of266 Agenda Item J2 Attachment 5 PacketPageNumber197of266 Agenda Item J2 Attachment 6 PacketPageNumber198of266 Agenda Item J3 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner DuWayne Konewko, Community Development and Parks Director SUBJECT: Feed ProductsNorth—Conditional Use PermitRevision and Design Review LOCATION: 1300 McKnight Road N DATE: May 4, 2010 INTRODUCTION Project Description John Fallin, owner of Feed Products North, is proposing to build a 947square foot addition to an existing building located on his30acre site. The addition would approximately double the size of the existing 30-foot by 35-foot buildingto 1,997 square feet. Requests Mr. Fallin isrequesting approval of: Aconditional use permit (CUP)revision to remodel and construct an addition to an existing building. The city code also requires a CUP for structures in M1 (light manufacturing) zoning districts that are closer than 350 feet to a residential district. The proposed addition is within 350 feet of a residential district and there already is a CUP for the site. The applicant is also requesting the existing CUP be revised to remove the conditions of approval that require an existing trailer to be removed from the site before any future development can occur. Design plans. BACKGROUND On November 28, 1998, the city council made several approvals for the expansion of Bulk Storage including: 1.A conditional use permit (CUP) for the existing Bulk Storage site(now called Feed Products North). A CUP was necessary because: a.The proposed shipping-dock addition would be closer than 350 feet to the abutting residential districts. The proposed shipping-dock addition would be 120 feet from the residential district to the north and 195 feet from the residential district to the south. The code requires a CUP for buildings in an M-1 (light manufacturing) district that would be closer than 350 feet to a residential zone. PacketPageNumber199of266 b.Of the outdoor storage on the site. The city code requires a CUP for the outdoor storage or display of goods or materials. Presently there are landscaping supplies stored west ofthe main building and roofing supplies stored at the east end of the site. Maplewood had never granted a CUP for outdoor storage at this site. 2.A CUP for a new office building between Lakewood Drive and McKnight Road. The city required the CUP becausethe office building would be closer than 350 feet to the abutting residential districts. The proposed office building would be 310 feet from the residential district to the north and 59 feet from the residential district to the south. This building was never built. 3.A parking waiver to have fewer parking spaces than the number required by code. For a building the size of Bulk Storage, including the proposed addition, the code requires 109 paved parking spaces (83 for the large building, 12 for the Phase 1 shipping-dock addition and 14 for the Phase 2 shipping-dock addition). 4 Plan approval for the proposed building addition and new office building. On July 12, 1999, the city council approved a revised CUP for the owner of the site to add atrailer to the warehouse property. On August 27, 2001, the city council approved a one-year time extension for the conditional use permit (CUP) for this site. On August 26, 2002, the city council approved a one-year time extension for the CUP for this site. On August 11, 2003, the city council approved a one-year time extension for the CUP for this site. On August 23, 2004, the city council approved a one-year time extension for the CUP and approved a license agreement with the property owners. This agreement is so the city crews may cross the property with trucks and equipment to city-owned property that is east of Bulk Storage. On August 22, 2005, the city council approved a one-year time extension for the CUP for this site. On January 26, 2009, the city council approved a lot division to split the Feed Products site into two lots. The undeveloped lot is to the west of the main Feed Products parcel on the other side of Lakewood Drive. The new parcel was approved for anoffice building and has its own CUP that is not related to this request. Instead of building a new office building on the new, separate parcel, the applicant is proposing to expand the existing scale building.The parcel west of Lakewood Drive has been recorded with Ramsey County and is a legal, separate lot. 2 PacketPageNumber200of266 DISCUSSION Conditional Use PermitRevision Office addition The applicant is proposing a 947 square foot building addition. The addition and remodel of the existing building is needed, according to the applicant, due to the age, size and function of the current building. Staff does not haveany concerns with the proposed additionto theexisting buildinganddoes not foresee any issues arising due to the expansion. To the north of the site there are Manage B wetlands that require a 75-foot buffer. This addition is well beyond the required 75 foot setback, therefore there are no wetland impact concerns. There are no other environmental concerns as the proposed addition is being built onan area that is mostly impervious, except for a narrow three-foot strip of grass on the west side of the existing building. Existing Trailer The applicant is requesting that the city council revise the CUP to allow the trailer as a permanent structure. Though it was first intended as a temporary structure, the applicant has found he needs it as office space for his business. Staff does not object to this since the trailer is well concealed from homes and from streets. Furthermore, staff has never received any complaints about the trailer. The trailer has been completed with skirting and is kept in good repair. The applicant is requesting the trailer become a permanent part of the CUP approval. If the city council were to approve this revision request the trailer would not limit future development of the site but the city could still use the CUP as a tool if any issues arise from the trailer. Staff feels the trailer is adequately screened from the residential properties surrounding the site. Architectural and Site Considerations The proposed office building is attractively designed with the building design modeled after a 1900s train depot. The exterior would consist of galvanized corrugated metal with several stone columns. The roof is proposed to be built with galvanized corrugated metal but the applicant has also indicated that dark brown asphalt shingles could be an option as well. A large portion of the building will be outfitted with a natural cedar deck. Staff finds the proposed addition and remodel to be an upgrade to the existing facilities on site. Also given the secluded nature of the site, staff finds the impact of the nearby residential areas to be minimal. The decision to model the building after a historical train depot is a nice nod to the site’s location and history. Staff has no concern with landscaping, traffic or parking. The proposed building, though possible to view from the bridge, would not be easily visible due to traffic speeds and its separation and distance from Lakewood Drive. Landscaping, therefore, would not serve 3 PacketPageNumber201of266 to enhance the appearance of the building for neighbors or from streets. Staff feels that landscaping could be provided should the applicant wish to provide some for his own close-up view. The proposed addition would not cause any increase in traffic and the applicant is proposing to provide ten parking spaces which would adequately serve his needs. The CUP currently states the applicant does not need to provide a paved parking area. Since the applicant is proposing 10 spaces, staff is recommending revisingthe CUP to require any parking spaces be on a paved surface and be striped. Though not required due to a previously approved parking waiver, the 10 proposed parking spots would meet the code requirements for the proposed 1,997 square foot building. There is no proposal for any new site lights. Entry lights should be designed so they do not exceed the parameters of the city’s lighting ordinance. Standard front-door type lights should cause no more problem than those on a single dwelling. If the applicant, at some time, adds an outdoor trash container that is visible to neighbors or from streets, code would require that he provide a screening enclosure. Additional City Department Comments Engineering Comments Refer to the engineering review comments attached to this report from Jon Jarosch, staff engineerdated March 26, 2010. Building Official’s Comments Dave Fisher, Maplewood’s Building Official, gave the following comments: The city will require a complete building code analysis when the construction plans are submitted to the city for building permits. All exiting must go to a public way. The applicant must provide adequate fire department access to the building. Office buildings more than 2,000 square feet are required to be fire sprinklered per Chapter 1306 of the Minnesota State building code. Verify with Fire Marshal. A preconstruction meeting is recommended with the building staff, contractor and project manager. Police DepartmentComments No concerns with this project. 4 PacketPageNumber202of266 COMMITTEE ACTION Planning Commission On April 6, 2010, the planning commission held a public hearing and recommended approval of the proposed CUP revision for office addition. Community Design Review Board On April 27, 2010, the community design recommended approval of the site and design plans for the proposed addition and remodel. RECOMMENDATIONS A.Adopt theresolution approving a conditional use permitrevisionfortheFeed Products Northoffice building, located at 1300 McKnight Road N.This permit allows the construction of an office building on land zoned M1 (light manufacturing) within 350 feet of residential property. Approval of this CUP revision is subject to the following conditions (additions are underlined and deletions are crossed out): 1.All construction shall follow the site plan approved by the city. 2.The proposed trailer must be occupied within one year of council approval or the permit revision shall become null and void. The council may extend this deadline for one year. 32. The city council shall review this permit in one year. 43. A designated paved parking area shall not be required unless the site usage changes in some fashion warranting the need for such parking spaces.Any parking spaces provided on site shall be on a paved surface and be striped. 54. Update the alarm system at the facility, subject to the approval of the Police Chief. 65. Provide several signs along the wetland edge on the warehouse site. The number and placement of these signs shall be determined by staff. These signs shall prohibit any building, mowing, cutting, filling or dumping in or around the wetland. 76. Submit an industrial storm water protection plan to the Minnesota Pollution Control Agency for their review and approval. 8. The owner or developer shall remove the trailer from the site before the city issues a building permit for any future development. 9. The owner shall remove the trailer from the site within five years. The Council may renew this approval if the owner requests it.. 5 PacketPageNumber203of266 7.The office trailer must be kept in good condition and repair, includingthe skirting around the base. B.Approve the plans date-stamped March 8, 2010, for the proposed Feed Products North office building. Approval is based on the findings for approval required by ordinance and subject to the developer doing the following: 1.Repeat this review in two years if the applicant has not obtained a building permit by that time. After twoyears this review must be repeated. 2.Comply with the requirements of the engineering report by Jon Jaroshdated March 26, 2010. 3.All work shall follow the approved plans. The city planner may approve minor changes. 4.If outdoor trash storage is used, such containers must be kept in a screened enclosure. The design and placement of the enclosure shall be subject to staff approval. 5.Comply with all site-lighting requirements of the city ordinance. 6.All parking spaces shall be on a paved surface and be striped. The handicap spaces shall comply with ADA requirements. CITIZEN COMMENTS Staff surveyed the 43property owners within 500 feet of this projectfor their comments. There were tworepliesand bothwerein favor. In Favor 1.No concern with this proposal (Niezgocki, 2313 Maryland Avenue East) 2.No real comment, looks good. (Remackel, 1298 Myrtle Street North) 6 PacketPageNumber204of266 REFERENCE INFORMATION SITE DESCRIPTION Site size: 30acres Existing Use: Feed Products North SURROUNDING LAND USES North:Railroad right-of-wayand single dwellings South:Single dwellings East:Additional Feed Products Northproperty West:Lakewood Drive PLANNING Land Use Plan: M1 (light manufacturing) Zoning: M1 Applicable Ordinance Section 44-637(b) states that, in anM1 district, a CUP is required for any building within 350 feet of a residential district. Criteria for Conditional Use Permit Approval Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. See findings 1-9 in the resolution. APPLICATION DATE The city received the complete application for a conditionaluse permit revision and site and design plans approval on March 11, 2010. The 60-day review deadlinefor a decisionisMay 10, 2010. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary in order to complete the review of the application. 7 PacketPageNumber205of266 p:sec24-29\Feed Products CUPRevision_CC_050410 Attachments: 1.Location Map 2.Land Use Plan Map 3.Zoning Map 4.SitePlan(2 sheets) 5.Building Elevations (2 sheets) 6.Floor Plan 7.Applicant’s Project Narrative,dated March 1, 2010 8.Photo of existing building 9.Aerial photo of site 10.Engineering Report, dated March 26, 2010 11.CUP Resolution 12.Applicant’s Plans (separate attachment) 8 PacketPageNumber206of266 %XXEGLQIRX PacketPageNumber207of266 Attachment 2 MCKNIGHT RD PacketPageNumber208of266 %XXEGLQIRX PacketPageNumber209of266 Attachment4 PacketPageNumber210of266 Attachment4 PacketPageNumber211of266 Attachment5 PacketPageNumber212of266 Attachment5 PacketPageNumber213of266 Attachment6 PacketPageNumber214of266 Attachment7 PacketPageNumber215of266 Attachment8 PacketPageNumber216of266 Attachment9 PacketPageNumber217of266 Attachment 10 Engineering Plan Review PROJECT: Feed Products Building Expansion PROJECT NO: 10-04 REVIEWED BY: Jon Jarosch (Maplewood Engineering Department) SUBMITTAL NO:1 DATE: 03/25/2010 John Fallin, owner of Feed Products North, Inc. proposing an expansion of the existing office building at 1300 McKnight Road North. This building expansion would result in a 1,997 square- foot building. The proposed expansion would be constructed in an area that is currently covered by paved surfaces. The applicant shall ensure that the following requirements are met. Drainage 1.The applicant shall provide a plan detailing how drainage around the proposed expansion will be handled. This plan should include any downspout locations and flow arrows. Erosion & Sediment Control Plan 1.The applicant shall identify erosion and sediment control measures to be utilized at the boundary of the disturbed areas and any stockpiles. Miscellaneous 1.The applicantshall satisfy the requirements of all other permitting agencies. 2.The applicant shall ensure that the proposed handicap access ramp is ADA compliant. PacketPageNumber218of266 Attachment 11 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, John Fallin, owner of Feed Products North, applied for a conditional use permit revision to build an addition to an existing buildingonproperty zoned M1 (light manufacturing) located within 350 feet of residentially-zoned property. WHEREAS, Section 44-637(b)of the city ordinances require a conditional use permit for a building in a M1 district closer than 350 feet to residential property.The proposed building would be on a lot abutting residential property. WHEREAS, this permit applies to the property located east of 1300 McKnight Road N. The legal description is: That part of the West Half of the Southwest Quarter of said Section 24, Township 29, Range 22, Ramsey County, Minnesota bounded as follows: On the North by a line drawn parallel with and distant 95 feet Southeasterly, as measured at right angles, from the center line of the main track of said railway company, as now located and established; on the West by the East line of the West 66 feetof the Southwest Quarter of Said Section 24 to a point on the West line of said Section 24 which is distant 450 feet South of the Southerly line of the 100foot right of way of said railway company, said Southerly line being a line drawn parallel with and 56 feet Southeasterly as measured at right angles, from the center line of the main track of said railway company as originally located and established, and on the East by the East line of the Northwest Quarter of the Southwest Quarter of Section 24; excepting therefrom that part that lies Northwesterly of a line drawn parallel with and distant 8.5 feet Southeasterly, as measured at right angles from the center line of the most Southerly side track I.C.C. No. 114 of said railway company, as now located and established all in the County of Ramsey, State of Minnesota. EXCEPT that part of said West Half of the Southwest Quarter of said Section 24, lying westerlyof the centerline of the 99 foot wide road easement as described in document No. 2325930. WHEREAS, the history of this conditional use permit is as follows: 1.On April 6, 2010, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approvethis permitrevision. 2. On May 10, 2010, the city council considered reports and recommendations of the city staff and planning commission. 9 PacketPageNumber219of266 NOW, THEREFORE, BE IT RESOLVED that the city council __________the above- described conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. 10.The proposed trailer will be substantially screened from neighboring single dwellings. Revision is subject to the following conditions: (additions are underlined and deletions are crossed out): 1.All construction shall follow the site plan approved by the city. 2.The proposed trailer must be occupied within one year of council approval or the permit revision shall become null and void. The council may extend this deadline for one year. 32. The city council shall review this permit in one year. 43. A designated paved parking area shall not be required unless the site usage changes in some fashion warranting the need for such parking spaces.Any parking spaces provided on site shall be on a paved surface and be striped. 10 PacketPageNumber220of266 54. Update the alarm system at the facility, subject to the approval of the Police Chief. 65. Provide several signs along the wetland edge on the warehouse site. The numberand placement of these signs shall be determined by staff. These signs shall prohibit any building, mowing, cutting, filling or dumping in or around the wetland. 76. Submit an industrial storm water protection plan to the Minnesota Pollution Control Agency for their review and approval. 8. The owner or developer shall remove the trailer from the site before the city issues a building permit for any future development. 9. The owner shall remove the trailer from the site within five years. The Council may renew this approval if the owner requests it. 7.The office trailer must be kept in good condition and repair, including the skirting around the base. The Maplewood City Council __________this resolution on __________, 2010. 11 PacketPageNumber221of266 Agenda Item J4 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP,Planner DuWayne Konewko, Community Development and Parks Director Consider the Rezoning of the Bailey Nurseriesproperties SUBJECT: from F (farm residential)to MU (mixed use) LOCATION: East of Sterling Street South, adjacent to the cities of Woodbury and Newport VOTE REQUIRED:Simple Majority Required for Approval DATE: April 30, 2010 INTRODUCTION On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. This is the update of the city’s comprehensive land use plan required of all metro area cities every ten years.Byapproving this plan, the city council reestablished the long-range land use guide for the city. State law requires that the city now revise ourzoning map and zoning ordinancecontrolsto be in conformance with the newly approved land use classifications throughout the city. The city has nine months (by October 25, 2010) to make all necessary zoning map and zoning ordinance changes tocoincide with the land use policies and land use maps in the approved 2030 Comprehensive Plan. Proposal One such rezoning would be for the two Bailey Nurseriesproperties in the southeast corner of the city, adjacent to the cities of Woodbury and Newport, from F (farm) to MU (mixed use). Refer to the maps. These two parcels have had been guided for mixed use by the new 2030 Comprehensive Plan. Because of this guide, the city now needs to rezone both parcels to MU. Request Rezone the above described properties from F to MU. BACKGROUND On December 9, 2009, the Metropolitan Council gave final approval to the 2030 ComprehensivePlan. On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. PacketPageNumber222of266 DISCUSSION Statutory Requirement Section 473.865 subdivision 3 of the Minnesota State Statutesrequires that citiesamend their official zoning controls within nine months of adopting the revised comprehensive land use plan.As stated above, the city council has until October 25, 2010to amend all applicable zoning maps and zoning ordinances. Why the Proposed Revision to Mixed Use (MU)? During the city council’s review of the 2030 Comprehensive Plan update, the city council guided all residential properties south of Carver Avenue as rural low density residential. The two non-residential lots are the Bailey Nurseriesparcels. The city council guided these two parcels mixed use largely because of Woodbury’scomprehensive plan, which guides land to the east for commercial type uses.Additional development is likely to come from the east as Woodbury continues to grow. Mixed use is also a way tobuffer the rural residential neighborhood to the westfrom the more intense uses in Woodbury. Mixed use would be a way to provide additional housing choicesand commercial options in the southern leg of the city. Property Tax Impact Residents have asked what would happen to their property taxes if their zoning changed.The Ramsey County Tax Assessor’s office stated that: “Zoning has no affect on property tax. Tax classifications are based on the current use of the property, not on the zoning. The tax classification, along with the market value is used to calculate taxes. If the current use is continued, the tax classification will not change. So, zoning changes will not affect taxes.” Conclusion State statute requires that the city revise the zoning map to MUto match the newly adopted mixed useclassification on the comprehensive plan. Therefore, staff is recommending the city councilrevisethe zoning map accordingly. COMMISSIONACTIONS April 20, 2010: The planning commission recommended approval of this rezoning. RECOMMENDATION Approvethe rezoning of the Bailey Nurseriespropertieslocatedin the southeast corner of the city from F (farm) to MU (mixed use). This rezoning is based on Minnesota Statute 473.865 subdivision 3, which requiresthe city to bring the zoning of these propertiesinto conformance with the adopted comprehensive land use plan classification. 2 PacketPageNumber223of266 REFERENCE SITE DESCRIPTION Site Size:78acres(two parcels combined) Existing Uses: Commercial nurseries SURROUNDING LAND USES North:Single dwellings South:City of Newport and additional Bailey Nurseries property East:City of Woodbury and additional Bailey Nurseries property West:Single dwellings PLANNING Land Use Plan Designation: Mixed Use Zoning: F—existing; MU—proposed p:Compplan\zoning follow-up to 2030 Plan\rezoning to Mixed Use_Baileys_CC_050410 Attachments: 1.Location/Aerial Map 2.Land Use Map 3.Zoning Map 4.Rezoning Resolution 3 PacketPageNumber224of266 Attachment 1 2030 Comprehensive Plan — Zoning Follow Up Bailey Nurseries Figure One — Location Map City of Maplewood April 12, 2010 NORTH PacketPageNumber225of266 Attachment2 PacketPageNumber226of266 Attachment 3 PacketPageNumber227of266 Attachment 4 REZONING RESOLUTION WHEREAS ,the City of Maplewood city staffproposed a change to the city's zoning map from F (Farm) to MU (mixed use); WHEREAS , this zoning map change applies to the BaileyNurseries properties located in the southeast corner of the city. The property identification numbers identifying the affected properties are: PIN 24-28-22-41-0001; PIN 24-28-22-44-0001 WHEREAS ,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that reclassified the land use plan for the above referenced properties to Mixed Use. WHEREAS ,Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of their adopting their revised comprehensive land use plan to match the new land use classification. WHEREAS , the history of this change is as follows: 1.OnApril 20, 2010, theplanning commission held a public hearingto consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2.On May 10, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council _______the above-described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, which requiresthe city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council _________this resolution on ______, 2010. 4 PacketPageNumber228of266 Agenda Item J5 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP,Planner DuWayne Konewko, Community Development and Parks Director Consider the Rezoning of the three lots located at 1400, 1420 SUBJECT: and 1440 Sterling Street Southfrom R1 (single dwelling) to R- 1R (rural conservation dwelling residence) LOCATION: South of Carver Avenueon Sterling Street South VOTE REQUIRED:Simple Majority Required for Approval DATE: April 30, 2010 INTRODUCTION On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. This is the update of the city’s comprehensive land use plan required of all metro area cities every ten years.Byapproving this plan, the city council reestablished the long-range land use guide for the city. State law requires that the city now revise ourzoning map and zoning ordinancecontrolsto be in conformance with the newly approved land use classifications throughout the city. The city has nine months (by October 25, 2010) to make all necessary zoningmap and zoning ordinance changes to coincide with the land use policies and land use maps in the approved 2030 Comprehensive Plan. Proposal Onesuch rezoning would be for the properties located on the eastside of Sterling Street Southat 1400, 1420, and 1440from R1 (single dwelling) to R-1R (rural conservation dwelling residence).Refer to the maps. These three parcels havehad been guided for rural low density residential by the new 2030 Comprehensive Plan. Because of this guide, the city now needs to rezone all threeparcels to R-1R. Request Rezone the above described properties from R1to R-1R. PacketPageNumber229of266 BACKGROUND On December 9, 2009, the Metropolitan Council gave final approval to the 2030 ComprehensivePlan. On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. DISCUSSION Statutory Requirement Section 473.865 subdivision 3 of the Minnesota State Statutesrequires that citiesamend their official zoning controls within nine months of adopting therevised comprehensive land use plan.As stated above, the city council has until October 25, 2010 to amend all applicable zoning maps and zoning ordinances. Why the Proposed Revision to Rural Conservation Dwelling Residence (R-1R)? During the city council’s review of the 2030 Comprehensive Plan update,the city council guided all residential properties south of Carver Avenue as rural low density residential. The residents of this area were firmthroughout the comprehensive plan update process in their desire to keepdensity low and to keep the rural flavor currently existing in that neighborhood intact. The city council agreed and reguided these properties to rural low density residential.The rural low density residential category guides the land for a net densitybetween 0.5 and 1.5 units per acre. The R-1R was amended to serve as the primary zoning district for the rural low density residential designation. The base entitlement under the R-1R is a minimum two-acre lot size. The minimum lot size can be reduced by accomplishing conservation principles. The maximum density cannot exceed 1.5 units per net acre. Staff did not see it fit to utilize an RE (residential estate) zoning district for these three parcels because they are large enough to be considered forfuture development and are adjacent to other larger parcels that could also see future development. Furthermore, the R-1R is the zoning district for the majority of parcels near these three and its makes sense to keep zoning consistent. Property Tax Impact Residents commonly askwhat would happen to their property taxes if their zoning changed.The Ramsey County Tax Assessor’s office stated that: “Zoning has no affect on property tax. Tax classifications are based on the current use of the property, not on the zoning. The tax classification, along with the market value is used to calculate taxes. If the current use is continued, the tax classification will not change. So, zoning changes will not affect taxes.” Conclusion State statute requiresthat the city revise the zoning map to R-1Rto match the newly adopted rural lowdensity residentialclassification on the comprehensive plan. Therefore, staff is recommending the city council revisethe zoning map accordingly. 2 PacketPageNumber230of266 COMMISSIONACTIONS April 20, 2010: The planning commission recommended approval of this rezoning. RECOMMENDATION Approvethe rezoning of 1400, 1420 and 1440 Sterling Street South, from R1 (single- dwelling residential) to R-1R (rural conservation dwelling residence). This rezoning is based on Minnesota Statute 473.865 subdivision 3, which requiresthe city to bring the zoning of thesepropertiesinto conformance with the adopted comprehensive land use plan classification. 3 PacketPageNumber231of266 REFERENCE SITE DESCRIPTION Site Size:5.1acres (total of the three parcels) Existing Uses: Single-family dwellings SURROUNDING LAND USES North:Fish Creek County Open Space South:Single-family dwellings East:Fish Creek County Open Space West:Single-familydwellings PLANNING Land Use Plan Designation: Rural LowDensity Residential Zoning: R1—existing; R-1R—proposed p:Compplan\zoning follow-up to 2030 Plan\rezoning to R1Sterling_CC_050410 Attachments: 1.Location/Aerial Map 2.Land Use Map 3.Zoning Map 4.Rezoning Resolution 4 PacketPageNumber232of266 Attachment 1 2030 Comprehensive Plan — Zoning Follow Up 1400, 1420 and 1440 Sterling Avenue Figure One — Location Map City of Maplewood April 12, 2010 NORTH PacketPageNumber233of266 Attachment2 PacketPageNumber234of266 Attachment 3 PacketPageNumber235of266 Attachment 4 REZONINGRESOLUTION WHEREAS ,the City of Maplewood city staffproposed a change to the city's zoning map from R1 (single dwelling) to R-1R (rural conservation dwelling residence); WHEREAS , this zoning map change applies to 1400, 1420, and 1440Sterling Street South. The property identification numbers identifying the affected properties are: PIN 24-28-22-13-0007; PIN 24-28-22-13-0005; PIN 24-28-22-13-0006 WHEREAS ,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan thatreclassified the land use plan for the above referenced properties to Rural Low Density Residential. WHEREAS ,Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of theiradopting their revised comprehensive land use plan to match the new land use classification. WHEREAS , the history of this change is as follows: 1.OnApril 20, 2010, theplanning commission held a public hearingto consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2.On May 10, 2010,the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council ________the above-described change in the zoning mapbased on Minnesota Statute 473.865 subdivision 3, which requiresthe city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council _________this resolution on ______, 2010. 5 PacketPageNumber236of266 Agenda Item J6 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP,Planner DuWayne Konewko, Community Development and Parks Director Consider the Rezoning of the two large lots lying between SUBJECT: Carver Avenue and Fish Creek, west of I-494 from F (farm residential) to R-1R (rural conservation dwelling district) LOCATION: Southof Carver Avenue VOTE REQUIRED:Simple Majority Required for Approval DATE: April 30, 2010 INTRODUCTION On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. This is the update of the city’s comprehensive land use plan required of all metro area cities every ten years.Byapproving this plan, the city council reestablished the long-range land use guide for the city. State law requires that the city now revise ourzoning map and zoning ordinancecontrolsto be in conformance with the newly approved land use classifications throughout the city. The city has nine months (by October 25, 2010) to make all necessary zoning map and zoning ordinance changes to coincide with the land use policies and land use maps in the approved 2030 Comprehensive Plan. Proposal One such rezoning would be for the two large lots lying between Carver Avenue and Fish Creek, west of I-494from F (farm) to R-1R (rural conservation dwelling residence). Refer to the maps. These two parcels have had been guided for rural low density residential by the new 2030 Comprehensive Plan. Because of this guide, the city now needs to rezone the two parcels to R-1R. Request Rezone the above described properties from Fto R-1R. PacketPageNumber237of266 BACKGROUND On December 9, 2009, the Metropolitan Council gave final approval to the 2030 ComprehensivePlan. On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. DISCUSSION Statutory Requirement Section 473.865 subdivision 3 of the Minnesota State Statutesrequires that citiesamend their official zoning controls within nine months of adopting therevised comprehensive land use plan.As stated above, the city council has until October 25, 2010 to amend all applicable zoning maps and zoning ordinances. Why the Proposed Revision to Rural Conservation Dwelling Residence (R-1R)? During the city council’s review of the 2030 Comprehensive Plan update, the citycouncil guided all residential properties south of Carver Avenue as rural low density residential. The residents of this area were firmthroughout the comprehensive plan update process in their desire to keep density low and to keep the rural flavor currently existing in that neighborhood intact. The city council agreed and reguided these properties to rural low density residential. The rural low density residential category guides the land for a net density between 0.5 and 1.5 units per acre. The R-1Rwas amended to serve as the primary zoning district for the rural low density residential designation. The base entitlement under the R-1R is a minimum two-acre lot size. The minimum lot size can be reduced by accomplishing several conservation principles. The maximum density cannot exceed 1.5 units per net acre. In February 2009, all properties zoned F, south of Carver Avenue had been rezoned to R-1R. Rezoning did not affect these two parcels because there were part of a settlement between the cityand a developer, which allowed for additional development. Since last winter, the properties entered foreclosure and the development corporation, who had the agreement with the city, now ceases to exist. Thismeans the city is now able to rezone the properties to match the 2030 Comprehensive Plan. Property Tax Impact Residents have asked what would happen to their property taxes if their zoning changed.The Ramsey County Tax Assessor’s office stated that: “Zoning has no affect on property tax. Taxclassifications are based on the current use of the property, not on the zoning. The tax classification, along with the market value is used to calculate taxes. If the current use is continued, the tax classification will not change. So, zoning changeswill not affect taxes.” 2 PacketPageNumber238of266 Conclusion State statute requires that the city revise the zoning map to R-1Rto match the newly adopted rural lowdensity residentialclassification on the comprehensive plan. Therefore, staff is recommending the city council revisethe zoning map accordingly. COMMISSIONACTIONS April 20, 2010: The planning commission recommended approval of this rezoning. RECOMMENDATION Approvethe rezoning of the two large lots lying between Carver Avenue and Fish Creek, west of I-494from F (farm residential) to R-1R (rural conservation dwelling residence). This rezoning is based on Minnesota Statute 473.865 subdivision 3, which requiresthe city to bring the zoning of thesepropertiesinto conformance with the adopted comprehensive land use plan classification. 3 PacketPageNumber239of266 REFERENCE SITE DESCRIPTION Site Size:20.98acres(both parcels combined) Existing Uses: Vacant land SURROUNDING LAND USES North:Single dwellings South:Fish Creek and Ramsey County Open Space East:Interstate 494 West:Single dwellings PLANNING Land Use Plan Designation: Rural LowDensity Residential Zoning: F—existing; R-1R—proposed p:Compplan\zoning follow-up to 2030 Plan\rezoning to R1R_formerCoPar_CC_050410 Attachments: 1.Location/Aerial Map 2.Land Use Map 3.Zoning Map 4.Rezoning Resolution 4 PacketPageNumber240of266 Attachment 1 2030 Comprehensive Plan — Zoning Follow Up Former CoPar properties Figure One — Location Map City of Maplewood April 12, 2010 NORTH PacketPageNumber241of266 Attachment2 PacketPageNumber242of266 Attachment 3 PacketPageNumber243of266 Attachment 4 REZONING RESOLUTION WHEREAS ,the City of Maplewood city staffproposed a change to the city's zoning map from F (Farm) to R-1R (rural conservation dwelling residence); WHEREAS , this zoningmap change applies to the two large lots lying between Carver Avenue and Fish Creek, west of I-494. The property identification numbers identifying the affected properties are: PIN ; PIN 24-28-22-24-001024-28-22-31-0017 WHEREAS ,On January 25, 2010,the city council adopted the 2030 Comprehensive Plan that reclassified the land use plan for the above referenced properties to Rural Low Density Residential. WHEREAS ,Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of their adopting their revised comprehensive land use plan to match the new land use classification. WHEREAS , the history of this change is as follows: 1.OnApril 20, 2010, theplanning commission held a public hearingto consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2.On May 10, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council _______the above-described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, which requiresthe city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council _________this resolution on ______, 2010. 5 PacketPageNumber244of266 Agenda Item J7 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP,Planner DuWayne Konewko, Community Development and Parks Director Consider the Rezoning of the single family dwellings fronting SUBJECT: Dorland Road, Heights Avenue and Overlook Circle from R1 (single dwelling) to RE30 (residential estate 30) LOCATION: Southof Carver Avenue, west of I-494 VOTE REQUIRED:Simple Majority Required for Approval DATE: April 30, 2010 INTRODUCTION On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. This is the update of the city’s comprehensive land use plan required of all metro area cities every ten years.Byapproving this plan, the city council reestablished the long-range land use guide for the city. State law requires that the city now revise ourzoning map and zoning ordinancecontrolsto be in conformance with the newly approved land use classifications throughout the city. The city has nine months (by October 25, 2010) to make all necessary zoning map and zoning ordinance changes to coincide with the land use policies and land use maps in the approved 2030 Comprehensive Plan. Proposal One such rezoning would be for the 25 single dwellings located along Dorland Road, Heights Avenue and Overlook Circle from R1 (single dwelling) to RE30 (residential estate 30). Refer to the maps. These 25parcels have had been guided for rural low density residential by the new 2030 Comprehensive Plan. Because of this guide, the city now needs to rezone all 25parcels toa zoning district that is consistent with the comprehensive plan.The challenge in this proposal is the neighborhood is already developed at a density that is higher than what the comprehensive plan would allow for future, new development. Given this reality staff is recommending rezoning these parcels to RE30 since this zoning district bestmatches the intent of the 2030 Comprehensive Plan and the existing development of this neighborhood. Request Rezone the above described properties from R1 to RE30. PacketPageNumber245of266 BACKGROUND On December 9, 2009, the Metropolitan Council gave final approval to the 2030 ComprehensivePlan. On January 25, 2010, the city council adopted the 2030 Comprehensive Plan. DISCUSSION Statutory Requirement Section 473.865 subdivision 3 of the Minnesota State Statutesrequires that citiesamend their official zoning controls within nine months of adopting therevised comprehensive land use plan.As stated above, the city council has until October 25, 2010 to amend all applicable zoning maps and zoning ordinances. Why the Proposed Revision to Residential Estate 30 (RE30)? During the city council’s review of the 2030 Comprehensive Plan update, the city council guided all residential properties south of Carver Avenue as rural lowdensity residential. The residents of this area were firmthroughout the comprehensive plan update process in their desire to keep density low and to keep the rural flavor currently existing in that neighborhood intact. The city council agreed and reguided these properties to rural low density residential. The rural low density residential category guides the land for a net density between 0.5 and 1.5 units per acre. This area of south Maplewood is already developed and none of the existing 25 lots would be candidates for further subdivision. The lots range in size of 11,761 square feet to 22,651 square feet. State statute requires zoning to match the comprehensive plan. The RE30 district is the closest zoning district that would both match the comprehensive plan and the current characterof the existing neighborhood. The city also has a RE20 (residential estate 20) district but this zoning would be too dense to meet the 0.5 to 1.5 units per acre standard. The RE20 zoning would equate to a densityof 2.1 units per acre where the RE30 zoning district equates to1.4 units per acre. RE30 is within the 0.5 to 1.5 units per acre range the comprehensive plan requires. Furthermore, the R-1R (rural conservation dwelling residence) would not be a good fit since this is a developed neighborhood with no options of further subdivision. The minimum lot size in the RE30 district is 30,000 square feet. However, Section 44- 154(e) of the city code deemsany buildable lot prior to rezoning isto continue to be buildable. This is important because all 25 lots would continue to be legal, conforming lots. If a property owner wanted to tear down a home and build a new one, the RE30 zoning district would allow this. Staff also feels this zoning district is appropriate for this development because it allows for the same amount of garage and accessory building square footage as the R1 zoning district, which is the current zoning. The only differenceis the RE30 district requires a minimum rear and side yard setback of 20 feet for accessory buildings as opposed to the R1 districtrequirement ofa five-foot setback. All of the parcels would be able to meet the 20 feet setback for new accessory buildings. In addition, property owners would be able to request an administrative variance to go closer than 20 feet, which staff can approve.If staff receivesa large 2 PacketPageNumber246of266 number ofadministrative variance requests and feels there is alargerissue with the 20- foot setback, an amendment to the RE30 district could be considered. Property Tax Impact Residents have asked what would happen to their property taxes if their zoning changed.The Ramsey County Tax Assessor’s office stated that: “Zoning has no affect on property tax. Tax classifications are based on the current use of the property, not on the zoning. The tax classification, along with the market value is used to calculate taxes. If the current use is continued, the tax classification will not change. So, zoning changes will not affect taxes.” Conclusion State statute requires that the city revise the zoning map to RE30to match the newly adopted rural lowdensity residentialclassification on the comprehensive plan. Therefore, staff is recommending the city council revisethe zoning map accordingly. COMMISSION ACTIONS April 20, 2010: The planning commission recommended approval of this rezoning. RECOMMENDATION Approve the rezoning of the single family dwellings fronting Dorland Road, Heights Avenue and Overlook Circle from R1 (single dwelling) to RE30 (residential estate 30). This rezoning is based on Minnesota Statute 473.865 subdivision 3, which requiresthe city to bring the zoning of thesepropertiesinto conformance with the adopted comprehensive land use plan classification. 3 PacketPageNumber247of266 REFERENCE SITE DESCRIPTION Site Size:25 parcels ranging from 0.27 acres to 0.52 acres in size Existing Uses: Single-family dwellings SURROUNDING LAND USES North:Single dwellings South:Creek County Open Space East:Single dwellings and vacant land West:Single dwellings and Fish Creek County Open Space PLANNING Land Use Plan Designation: Rural LowDensity Residential Zoning: R1—existing; RE30—proposed p:Compplan\zoning follow-up to 2030 Plan\rezoning to RE30_Dorland_CC_050410 Attachments: 1.Location/Aerial Map 2.Land Use Map 3.Zoning Map 4.Rezoning Resolution 4 PacketPageNumber248of266 Attachment 1 2030 Comprehensive Plan — Zoning Follow Up Dorland Road, Heights Avenue and Overlook Circle neighborhood Figure One — Location Map City of Maplewood April 12, 2010 NORTH PacketPageNumber249of266 Attachment2 PacketPageNumber250of266 Attachment 3 PacketPageNumber251of266 Attachment 4 REZONING RESOLUTION WHEREAS ,the City of Maplewood city staffproposed a change to the city's zoning map from R1 (single dwelling) to RE30 (residential estate 30); WHEREAS , thiszoning map change applies to the 25 single dwellings located along Dorland Road, Heights Avenue and Overlook Circle. The property identification numbers identifying the affected properties are: PIN 24-28-22-23-0028; PIN 24-28-22-23-0034; PIN 24-28-22-23-0035; PIN 24-28-22-23-0031; PIN 24-28-22-23-0016; PIN 24-28-22-23-0038; PIN 24-28-22-23-0030; PIN 24-28-22-23-0036; PIN 24-28-22-23-0037; PIN 24-28-22-23-0014; PIN 24-28-22-23-0015; PIN 24-28-22-23-0032; PIN 24-28-22-23-0033; PIN 24-28-22-23-0029; PIN24-28-22-23-0017; PIN 24-28-22-23-0023, PIN 24-28-22-23-0020, PIN 24-28-22-23-0022; PIN24-28-22-23-0021; PIN 24-28-22-23-0039; PIN 24-28-22-23-0040; PIN24-28-22-23-0025; PIN 24-28-22-23-0027; PIN 24-28-22-23-0024; PIN 24-28-22-23-0026; WHEREAS ,On January 25, 2010, the city council adopted the 2030 Comprehensive Plan that reclassified the land use plan for the above referenced properties to Rural Low Density Residential. WHEREAS ,Section 473.865 subdivision 3 of the Minnesota State Statutes requires that cities amend their official zoning map within nine months of their adopting their revised comprehensive land use plan to match the new land use classification. WHEREAS , the history of this change is as follows: 1.OnApril 20, 2010, theplanning commission held a public hearingto consider this rezoning. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2.On may 10, 2010, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council _________the above-described change in the zoning map based on Minnesota Statute 473.865 subdivision 3, which requiresthe city to bring the zoning of these properties into conformance with the adopted comprehensive land use plan classification. The Maplewood City Council _________this resolution on ______, 2010. 5 PacketPageNumber252of266 Agenda Item J8 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development and Parks Director SUBJ: Consider Approval to Extend Lease Agreement with Gethsemane Church through April of 2011 DATE: May 3, 2010 INTRODUCTION At the April 27, 2009 City Council meeting, council authorized the execution of a lease agreement with Gethsemane Church for use of a 10 acre parcel south of the church for park purposes. Council moved to approve the lease agreement with Gethsemane Church for the period extending from May 1, 2009 through April 30, 2010 in the amount of $2,200 a month. Staff, working with members of Gethsemane Church, has reached an agreement to reduce the monthly lease payments from $2,200 month to $1,500 a month resulting in an annual savings of $8,400. Staff is requesting to extend the lease agreement again with Gethsemane Church for a period of one year from May 1, 2010 through April 30, 2011 at $1,500 a month. Staff is also requesting the $1,500 per month lease payment, $18,000 total for the duration of this lease agreement, shall be credited back to the City as an offset against the purchase price of the proposed 4 acre park property. Through April of 2010, the City has paid a total of $35,200 for the leasing of this property. BACKGROUND The original lease agreement with Gethsemane Church was required to bridge the period prior to the construction of a proposed Senior Housing project on six of the 10 acres. The remaining 4 acres was proposed to be sold to the City for a park. At this point after discussions with Gethsemane Church, it is unlikely the Senior Housing Project will take place in the next few years. With that said, staff would like to explore some options that would include the outright purchase of this 4 acre parcel for a future park site. In preliminary discussions with the church, Gethsemane is open and willing to discuss this further. Staff would also have to evaluate what implications the purchase of this park would have on future park projects and on the overall parks budget (PAC-CIP). At the April 21, 2010 Park Commission meeting, the commission moved to not support the extension of the lease with Gethsemane Church on a 6 -3 vote. The lease payment that was brought forward to the Parks Commission was $1,800 a month. As was previously noted, the $1,800 has been reduced to $1,500 a month going forward. The Park Commission concerns were two-fold. First, per original purchase agreement, Gethsemane Church had exclusive use during specified times and secondly, the further along the city continued with this lease agreement, the more difficult it would become to severe this lease agreement because of the financial commitment. Please refer to the attached set of minutes for additional details concerning this discussion with the Park Commission. The minority opinion indicated a park was needed in this area and the City should continue with the lease agreement and explore all other options prior to severing this agreement. The concern here is that the residents in this area would no longer have PacketPageNumber253of266 access to a park which is in conflict with one of the goals of the 2030 Comprehensive Plan. Chapter six of the 2030 Comprehensive Plan - Parks, Trails and Open Space states “All residents should be within a ½ mile of a park, which could be active or passive and is independent of ownership”. Staff believes that compelling arguments can be made to support both of these positions. However, with the Senior Housing Project unlikely to take place in the next few years, and the fact that Gethsemane Church agreed to reduce the monthly lease payment, staff would like to explore other options including the outright purchase of this 4 acre parcel. Should council approve the extension of the lease agreement, staff will research these other options working with the Park Commission and report back to council by December of this year with the findings. RECOMMENDATION Staff recommends the City Council approve the lease extension agreement with Gethsemane Church in the amount of $1,500 a month for the period from May 1, 2010 through April 30, 2011 with the following provision; “The $1,500 per month lease payment ($18,000 total) will be credited back to the City as an offset against the purchase price of the proposed park land”. The $35,200 the city has previously paid to Gethsemane Church, per signed agreement, will also be credited back towards the purchase price. : Attachments 1. Executed Copy of Gethsemane Church Lease Agreement 2. Minutes from the April 21, 2010 Park Commission Meeting 3. Addendum #3 to the Gethsemane Church Lease Agreement 2 PacketPageNumber254of266 Attachment 1 PacketPageNumber255of266 PacketPageNumber256of266 PacketPageNumber257of266 PacketPageNumber258of266 PacketPageNumber259of266 PacketPageNumber260of266 ADDENDUM: GETHSEMANE CHURCH LEASE AGREEMENT EXTENSION BEGINNING JANUARY 1, 2009 AND ENDING ON APRIL 30, 2009 The provisions within the existing executed lease agreement, authorized by City Council at the July 14, 2008 City Council, will be in force with the following two exceptions: Item 1. Term of Lease.The Lease shall start on January 1, 2009 and continue to April 30, 2009. Item 2. Rent. Tenant shall pay rent to Landlord in the amount of $2,200 a month for the lease period that runs from January 1, 2009 thru April 30, 2009. In addition, the $2,200 per month lease payment shall be credited back to the City as an offset against the purchase price of the proposed park land. If an agreement is not reached between the two parties regarding the purchase of the park land, this offset provision would be nullified. Notices 15.. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Gethsemane Lutheran Church Mr. Douglas A. Angerer Congregation President 2410 Stillwater Road Maplewood, MN 55119 PacketPageNumber261of266 ADDENDUM #2: GETHSEMANE CHURCH LEASE AGREEMENT EXTENSION BEGINNING MAY 1, 2009 AND ENDING ON APRIL 30, 2010 The provisions within the existing executed lease agreement, authorized by City Council at the April 27, 2009 City Council, will be in force with the following two exceptions: Item 1. Term of Lease.The Lease shall start on May 1, 2009 and continue to April 30, 2010. Item 2. Rent. Tenant shall pay rent to Landlord in the amount of $2,200 a month for the lease period that runs from May 1, 2009 through April 30, 2010. In addition, the $2,200 per month lease payment shall be credited back to the City as an offset against the purchase price of the proposed park land. If an agreement is not reached between the two parties regarding the purchase of the park land, this offset provision would be nullified. Notices 15.. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Gethsemane Lutheran Church Mr. Douglas A. Angerer Congregation President 2410 Stillwater Road Maplewood, MN 55119 PacketPageNumber262of266 Attachment 2 CITY OF MAPLEWOOD PARKS AND RECREATION COMMISSION MEETING Meeting Minutes Wednesday, April 21, 2010 7:00 p.m. COUNCIL CHAMBERS – MAPLEWOOD CITY HALL 1830 COUNTY ROAD B EAST 6.UnfinishedBusiness b.GethsemaneParkLeaseAgreementDiscussion Mr. Konewko, Community Development & Parks Director, informed the commission of updates regarding the Gethsemane Park Lease Agreement. Mr. Konewko informed the commission that the church has agreed to reduce the rent to $1,800 a month, down from $2,200 a month. He also informed the commission that the appraised amount for the land was $735,000, which had decreased from $790,000. The commission determined that the ultimate decision that should be made during their discussion is whether or not they intend to purchase the park. Commissioner Fischer advocated for the purchase of Gethsemane Park. He discussed that the ramifications of removing Gethsemane Park as a Maplewood Park, would result in 227 homes and an apartment complex without a public park within a half mile of their homes. He explained that there isn’t a promising alternative park in the area that could substitute if Gethsemane Park is removed from the picture. The commission discussed whether or not the lease should be continued. Commission Peterson mentioned that the commission should keep in mind that full usage of the park is not part of the agreement. The commission discussed the uses and time restrictions that are part of the current purchasing agreement. The commission discussed concerns that there was no predicted closed end to the current lease. Staff requested a recommendation that can be forwarded to City Council. Commissioner Christianson motioned to terminate the Gethsemane Park Lease. Commissioner Peterson seconded the motion. Commissioner Mackey amended that the lease should be terminated at the end of the softball season, due to our current obligation with that program. Staff informed the commission that if the lease is terminated, a different field would be located for the remaining softball season. Mackey withdrew her amendment. PacketPageNumber263of266 The commission continued discussion regarding the shared usage of the park with the school, and the restricted use during school hours. Commissioner Sonnek communicated concerns regarding this particular issue. Commissioner Maas mentioned that the amount of time allotted to the school is minimal in comparison to the gain of Gethsemane Park. Staff indicated that this concern could possibly be negotiated in the purchase agreement. Commissioner Peterson suggested calling a vote to end discussion and to vote on the previous motion. Commissioner Roman motioned to call for a vote to end the discussion. The motion did not pass. The commission continued with discussion. Discussion commenced, and the commission then voted on the motion to terminate the Gethsemane Park Lease. Ayes: Christianson, Brannon, Schmidt, Mackey, Peterson, Sonnek Nays: Fischer, Maas, Roman The motion passed. Commissioner Fischer asks that a minority report accompany this recommendation to the council. The minority proposed that they pursue the continuation of the Gethsemane Park Lease Agreement, with the intention that they will pursue finalized details for purchasing the land. This would ideally occur within 6 months. Commissioner Peterson requested that the reasons for the opposed lease agreement be included in the minutes. 1.The commission was apprehensive about the cost per acre of land. 2.The commission was concerned that the usage of the park was limited, and would be shared with the school. 3.The commission was concerned that by entering the lease for another year, and investing additional dollars that their negotiation ability would be lost. Resulting in additional dollars being spent. 4.The commission was concerned that there is yet no expiration date on the lease. 5.The commission was concerned that the decision to allocate the specified amount of money towards the acquisition of Gethsemane Park wasn’t very financially sustainable. 6.The commission was not satisfied with the terms of the current lease agreement. 7.The commission was not satisfied with the current lease payment. PacketPageNumber264of266 Attachment 3 ADDENDUM #3: GETHSEMANE CHURCH LEASE AGREEMENT EXTENSION BEGINNING MAY 1, 2010 AND ENDING ON APRIL 30, 2011 The provisions within the existing executed lease agreement, authorized by City Council at the May 10, 2010 City Council, will be in force with the following two exceptions: Item 1. Term of Lease.The Lease shall start on May 1, 2010 and continue to April 30, 2011. Item 2. Rent. Tenant shall pay rent to Landlord in the amount of $1,500 a month for the lease period that runs from May 1, 2010 through April 30, 2011. In addition, the $1,500 per month lease payment shall be credited back to the City as an offset against the purchase price of the proposed park land. If an agreement is not reached between the two parties regarding the purchase of the park land, this offset provision would be nullified. Notices 15.. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Gethsemane Lutheran Church Mr. Douglas A. Angerer Congregation President 2410 Stillwater Road Maplewood, MN 55119 PacketPageNumber265of266 IN WITNESS WHEREOF, Landlord and Tenant have signed this Addendum to the Lease Agreement between Gethsemane Lutheran Church and the City of Maplewood. GETHSEMANE LUTHERAN CHURCH By: Congregational President THE CITY OF MAPLEWOOD By: William Rossbach, Mayor, City of Maplewood 1830 County Road B East Maplewood, MN 55109 And By: James W. Antonen, City Manager, City of Maplewood 1830 County Road B East Maplewood, MN 55109 And By: Alan Kantrud, City Attorney, City of Maplewood 1830 County Road B East Maplewood, MN 55109 By: Karen Guilfoile, City Clerk, City of Maplewood 1830 County Road B East Maplewood, MN 55109 Addendum #3 – Gethsemane Lutheran Church Lease Agreement as authorized by the Maplewood City Council at their meeting on May 10, 2010. PacketPageNumber266of266