HomeMy WebLinkAbout2010 11-08 City Council Packet
AGENDA
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday,November 8,2010
City Hall, Council Chambers
Meeting No. 23-10
A.CALL TO ORDER
B.PLEDGE OF ALLEGIANCE
1.Acknowledgementof Maplewood Residents Serving the Country.
C.ROLL CALL
Mayor’s Address on Protocol:
“Welcometo 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 Mayorand
Council. The Mayor will thendirect staff, as appropriate, to answer questions or respond
to comments.”
D.APPROVAL OF AGENDA
E.APPROVAL OFMINUTES
1.October 25, 2010, City Council Workshop Minutes
2.October 25, 2010, City Council Meeting Minutes
F.APPOINTMENTS AND PRESENTATIONS
1.Swearing In Ceremony for New Firefighter Alex Onsomu
2.Appointments to Human Rights Commission
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 removedand acted upon as a separate item.
1.Approval Of Claims
2.Approve Resolution Ordering Assessment Hearing on November 22, 2010, for
Markham Pond Retaining Wall, Project 05-18
3.Approval of Lawful Gambling License for Merrick Inc. at The Dog House Bar & Grill
4. Consider Approval of 2011 SCORE Funding Grant Application
5.Transfer MnDOT State Aid from Project Funds to Debt Service
6.Approve Park Naming of Legacy Tot Lot
7.Approval of Budget Adjustments and Transfer for the 2009 and 2010 Taste of
Maplewood
H.PUBLIC HEARINGS
I.UNFINISHED BUSINESS
1.Review of Recycling Contract Between the City of Maplewood and Tennis Sanitation,
LLC
2.Domestic Partnership Ordinance (Second Reading)
J.NEW BUSINESS
1.Consider Approval of Financing Plan and Exclusive Contract for Solar Panel
Installation at Maplewood Community Center
2.Approve Resolution Adopting 2011 Assessment Rates, Public Works Permit Fees, and
Park Availability Charges
K.VISITOR PRESENTATIONS
L.AWARD OF BIDS
1.Award of Bid for Community Center Auxiliary Catering Intoxicating Liquor Licenses
2. Approval of Bid for Restoration at Beaver Creek Preserve
M.ADMINISTRATIVE PRESENTATIONS
N.COUNCIL PRESENTATIONS
O.ADJOURNMENT
Sign language interpreters for hearing impaired persons are available for public hearings upon request. The
requestfor this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2001 to
make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability.
RULES OF CIVILITY FOR OUR COMMUNITY
Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings
– elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard
and understood ina 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
3:45 p.m., Monday,October 25, 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 3:45 p.m.by Mayor Rossbach.
B. ROLL CALL
Will Rossbach, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
James Llanas, Councilmember Present
Absent
John Nephew, Councilmember
C.APPROVAL OF AGENDA
Mayor Rossbachmoved to approve the agenda as submitted.
Seconded by CouncilmemberLlanas. Ayes – All
The motion passed.
D.UNFINISHED BUSINESS
None.
E.NEW BUSINESS
1.Human Rights Commission Candidate Interviews
The following people were interviewed by the city council. The council asked a series of
questions.
a.William Joanis
b.Jeffrey Kringle
c. Laurie Simon
d.Julie Moore
e.Arianne Maxwell
The city council took a break
The city council reconvened.
Then the city council continued with the interview process.
October 25, 2010 1
City Council Manager Workshop Minutes
f.Marie Ridgeway
g.Charlotte Winnen
h.Christine Novak
i.Diana Longrie
j.Jon Brandt
The remaining two candidates for the Human Relations Commission will be interviewed
November 1, 2010, and then the council will make a decision based on the rankings they did for
each candidateand commission members will be updated at the November 8, 2010 council
meeting.
F. ADJOURNMENT
Mayor Rossbachadjourned the meeting at 6:49 p.m.
October 25, 2010 2
City Council Manager Workshop Minutes
Agenda Item E2
MINUTES
MAPLEWOOD CITY COUNCIL
A.CALL TO ORDER
B.PLEDGE OF ALLEGIANCE
C. ROLL CALL
D. APPROVALOF AGENDA
E. APPROVAL OF MINUTES
1.Approval of October 4, 2010, Special City Council Meeting Minutes
2.Approval of October 11, 2010, City Council Workshop Minutes
3.Approval of October 11, 2010, City Council Meeting Minutes
F. APPOINTMENTS AND PRESENTATIONS
G. CONSENT AGENDA
1. Approval of Claims
GRAND TOTAL
2.Approval of Resolution for Marv Koppen
3.Approval of Resolution of Appreciation for David Sherrill
4.Approval of Resolution of Appreciation for Laurie Van Dalen
5.Approval of Cancellation of the December 27, 2010, City Council Meeting
6.Approval of Rates for Police andFire Services Provided to the City of Landfall for 2011
7.Approval of Closure of Public Safety Communication System Fund
8.Approval of Annual Maplewood Historical Society Payment
9.Approval of Authorization to Enter Into Rental Agreement with Toshiba Business
Solutions
10.Approval of Authorization to Enter Into Agreement with Ramsey County for the
Construction and Maintenance of a Storm Water Outlet Structure on Keller Golf Course,
Hills and Dales Area Street Improvements, Project 09-15
11.Approval of Resolution Directing Modification of Existing Construction Contract, Change
Order No. 2, Hills and Dales Area Street Improvements, Project 09-15
12.Approval of Resolution for Purchase of Geotechnical Evaluation Services, Western Hills
Area Street Improvements, Project 10-14
13.Approval of Repairs to Maplewood Community Center, York Air Conditioning Compressor
14.Approval of Authorization to Submit Environmentally Assistance Grant Application
H. PUBLIC HEARING
I.UNFINISHED BUSINESS
1.2011 Charitable Gambling Fund – Approval of Awards
2.Domestic Partnership Ordinance – First Reading
Nay
J.NEW BUSINESS
1.Rezoning of the Rear Portions of 931 and 1117 County Road C from F (farm residential)
to R1 (single dwelling residential)
WHEREAS
WHEREAS
WHEREAS
WHEREAS
NOW, THEREFORE, BE IT RESOLVED
2.Consider Request for Park Funds for Open Space Improvements at Beaver Creek
3.Call for a Special Work Session on November 15, 2010, for Discussion of Collection
System Analysis
K.VISITOR PRESENTATIONS
L.AWARD OF BIDS
M.ADMINISTRATIVE PRESENTATIONS (This item was heard out of order after N1 and N2)
1.Update on 2011 Labor Negotiations – Recommended Closed Session
N.COUNCIL PRESENTATIONS (This item was heard out of order and moved before the
closed session.)
1.District 622 Partnership – Councilmember Llanas
2.Historic Preservation Commission – Mayor Rossbach
O.ADJOURNMENT
Agenda Item F2
Agenda Report
TO:
FROM:
DATE:
SUBJECT:Human Rights Commission Appointments
INTRODUCTION
SUMMARY
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RECOMMENDATION
RESOLUTIONNO. ______
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G-1
AGENDA NO.
AGENDA REPORT
City Council
TO:
FROM:Finance Manager
RE:APPROVAL OF CLAIMS
October 25, 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:
$1,123,051.34Checks # 82571 thru # 82674
dated 10/26/10 thru 11/2/10
$144,812.45Disbursements via debits to checking account
dated 10/25/10 thru 10/29/10
$320,837.04Disbursements via debits to checking account
dated 10/18/10 thru 10/22/10
$1,588,700.83Total Accounts Payable
PAYROLL
$505,766.10Payroll Checks and Direct Deposits dated 10/29/10
$685.00Payroll Deduction check # 1009591
dated 10/29/10
$506,451.10Total Payroll
$2,095,151.93GRAND 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.
sb
attachments
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
TransmittedSettlement
DateDatePayeeDescriptionAmount
TOTAL320,837.04
CITY OF MAPLEWOOD
Disbursements via Debits to Checking account
TransmittedSettlement
DateDatePayeeDescriptionAmount
TOTAL144,812.45
CITY OF MAPLEWOOD
EMPLOYEE GROSS EARNINGS REPORT
FOR THE CURRENT PAY PERIOD
CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT
10/29/10JUENEMANN, KATHLEEN416.42
10/29/10KOPPEN, MARVIN416.42
10/29/10LLANAS, JAMES416.42
10/29/10NEPHEW, JOHN416.42
10/29/10ROSSBACH, WILLIAM473.15
10/29/10STRAUTMANIS, MARIS246.00
10/29/10AHL, R. CHARLES4,917.96
10/29/10ANTONEN, JAMES5,300.00
10/29/10BURLINGAME, SARAH1,861.60
10/29/10KANTRUD, HUGH184.62
10/29/10CHRISTENSON, SCOTT2,266.33
10/29/10FARR, LARRY2,885.65
10/29/10JAHN, DAVID1,840.37
10/29/10HENNING, KARISSA92.30
10/29/10RAMEAUX, THERESE3,030.67
10/29/10BAUMAN, GAYLE3,860.96
10/29/10FORMANEK, KAREN226.47
10/29/10MITTET, ROBERT3,554.40
10/29/10ANDERSON, CAROLE1,681.51
10/29/10DEBILZAN, JUDY1,234.20
10/29/10JACKSON, MARY2,102.98
10/29/10KELSEY, CONNIE2,569.24
10/29/10LAYMAN, COLLEEN2,880.00
10/29/10ARNOLD, AJLA1,464.49
10/29/10CAREY, HEIDI2,494.95
10/29/10GUILFOILE, KAREN4,176.43
10/29/10KROLL, LISA1,627.96
10/29/10NEPHEW, MICHELLE1,365.65
10/29/10SCHMIDT, DEBORAH2,589.83
10/29/10SPANGLER, EDNA1,054.89
10/29/10CORTESI, LUANNE1,015.52
10/29/10LARSON, MICHELLE1,709.37
10/29/10MECHELKE, SHERRIE1,170.00
10/29/10MOY, PAMELA1,388.94
10/29/10OSTER, ANDREA1,886.77
10/29/10RICHTER, CHARLENE966.10
10/29/10SCHOENECKER, LEIGH1,089.68
10/29/10WEAVER, KRISTINE2,245.36
10/29/10CORCORAN, THERESA1,882.16
10/29/10KVAM, DAVID4,168.15
10/29/10PALANK, MARY1,886.77
10/29/10POWELL, PHILIP2,903.66
10/29/10SVENDSEN, JOANNE2,157.79
10/29/10THOMALLA, DAVID4,936.26
10/29/10YOUNG, TAMELA1,882.16
10/29/10ABEL, CLINT2,988.56
10/29/10ALDRIDGE, MARK3,781.53
10/29/10BAKKE, LONN348.17
10/29/10BARTZ, PAUL4,086.64
10/29/10BELDE, STANLEY2,995.25
10/29/10BENJAMIN, MARKESE2,676.09
10/29/10BIERDEMAN, BRIAN3,848.95
10/29/10BOHL, JOHN3,228.36
10/29/10BUSACK, DANIEL3,946.07
10/29/10COFFEY, KEVIN3,374.07
10/29/10CROTTY, KERRY3,575.20
10/29/10DEMULLING, JOSEPH2,906.18
10/29/10DOBLAR, RICHARD3,737.66
10/29/10DUGAS, MICHAEL4,718.02
10/29/10ERICKSON, VIRGINIA3,213.85
10/29/10FLOR, TIMOTHY3,480.81
10/29/10FRASER, JOHN3,151.94
10/29/10FRITZE, DEREK3,045.88
10/29/10GABRIEL, ANTHONY3,437.82
10/29/10HAWKINSON JR, TIMOTHY2,676.09
10/29/10HER, PHENG2,546.25
10/29/10HIEBERT, STEVEN3,155.14
10/29/10JOHNSON, KEVIN4,116.74
10/29/10KALKA, THOMAS896.28
10/29/10KARIS, FLINT3,985.22
10/29/10KONG, TOMMY2,830.76
10/29/10KREKELER, NICHOLAS803.20
10/29/10KROLL, BRETT2,843.99
10/29/10LANGNER, SCOTT3,293.35
10/29/10LANGNER, TODD2,824.20
10/29/10LU, JOHNNIE2,870.10
10/29/10LYNCH, KATHERINE1,887.11
10/29/10MARINO, JASON3,183.39
10/29/10MARTIN, JERROLD2,988.56
10/29/10MCCARTY, GLEN2,904.55
10/29/10METRY, ALESIA3,705.54
10/29/10NASH, AMY1,887.11
10/29/10NYE, MICHAEL3,031.75
10/29/10OLSON, JULIE2,935.19
10/29/10PARKER, JAMES1,887.11
10/29/10REZNY, BRADLEY3,200.42
10/29/10RHUDE, MATTHEW3,169.53
10/29/10SHORTREED, MICHAEL4,060.51
10/29/10STEINER, JOSEPH3,514.52
10/29/10SYPNIEWSKI, WILLIAM2,849.76
10/29/10SZCZEPANSKI, THOMAS3,022.98
10/29/10TAUZELL, BRIAN2,150.10
10/29/10THEISEN, PAUL2,930.85
10/29/10THIENES, PAUL4,514.23
10/29/10TRAN, JOSEPH3,479.69
10/29/10WENZEL, JAY2,896.20
10/29/10XIONG, KAO2,830.76
10/29/10BAUMAN, ANDREW2,451.20
10/29/10DAWSON, RICHARD3,132.07
10/29/10DOLLERSCHELL, ROBERT293.39
10/29/10EVERSON, PAUL3,083.10
10/29/10FOSSUM, ANDREW2,843.04
10/29/10HALWEG, JODI2,648.38
10/29/10HENDRICKSON, NICHOLAS2,339.43
10/29/10JUNGMANN, BERNARD3,375.63
10/29/10KUBAT, ERIC2,343.54
10/29/10LINDER, TIMOTHY2,376.43
10/29/10NOVAK, JEROME2,890.22
10/29/10OLSON, JAMES2,877.68
10/29/10PETERSON, ROBERT3,110.60
10/29/10PLACE, ANDREA2,404.58
10/29/10SEDLACEK, JEFFREY2,575.55
10/29/10STREFF, MICHAEL2,914.05
10/29/10SVENDSEN, RONALD3,086.91
10/29/10GERVAIS-JR, CLARENCE3,679.63
10/29/10LUKIN, STEVEN4,475.33
10/29/10ZWIEG, SUSAN2,234.18
10/29/10KNUTSON, LOIS1,996.55
10/29/10NIVEN, AMY1,411.62
10/29/10PRIEFER, WILLIAM3,050.13
10/29/10BRINK, TROY2,254.55
10/29/10BUCKLEY, BRENT2,187.46
10/29/10DEBILZAN, THOMAS2,125.35
10/29/10EDGE, DOUGLAS2,104.20
10/29/10HAMRE, MILES1,152.00
10/29/10JONES, DONALD2,125.35
10/29/10MEISSNER, BRENT1,840.55
10/29/10NAGEL, BRYAN3,408.40
10/29/10OSWALD, ERICK2,648.70
10/29/10RUNNING, ROBERT2,333.35
10/29/10TEVLIN, TODD2,125.35
10/29/10BURLINGAME, NATHAN1,948.01
10/29/10DUCHARME, JOHN2,713.97
10/29/10EATON, MEGAN556.50
10/29/10ENGSTROM, ANDREW2,459.75
10/29/10JACOBSON, SCOTT2,572.93
10/29/10JAROSCH, JONATHAN2,742.66
10/29/10KREGER, JASON2,768.81
10/29/10KUMMER, STEVEN3,063.75
10/29/10LINDBLOM, RANDAL3,163.43
10/29/10LOVE, STEVEN3,140.34
10/29/10THOMPSON, MICHAEL3,895.87
10/29/10ZIEMAN, SCOTT312.40
10/29/10HELCL, JOHN322.40
10/29/10EDSON, DAVID2,170.59
10/29/10HINNENKAMP, GARY2,143.86
10/29/10MARUSKA, MARK3,183.11
10/29/10NAUGHTON, JOHN2,125.35
10/29/10NORDQUIST, RICHARD2,127.66
10/29/10SCHINDELDECKER, JAMES2,129.97
10/29/10BIESANZ, OAKLEY1,520.05
10/29/10DEAVER, CHARLES586.97
10/29/10GERNES, CAROLE330.76
10/29/10HAYMAN, JANET1,394.63
10/29/10HUTCHINSON, ANN2,622.79
10/29/10SOUTTER, CHRISTINE791.44
10/29/10WACHAL, KAREN854.68
10/29/10GAYNOR, VIRGINIA3,211.95
10/29/10BEHM, LOIS75.00
10/29/10FRY, PATRICIA1,904.81
10/29/10KONEWKO, DUWAYNE4,390.46
10/29/10OLSON, ERICA791.80
10/29/10SINDT, ANDREA2,013.80
10/29/10THOMPSON, DEBRA775.81
10/29/10EKSTRAND, THOMAS3,800.52
10/29/10MARTIN, MICHAEL2,606.15
10/29/10BRASH, JASON2,154.15
10/29/10CARVER, NICHOLAS3,211.95
10/29/10FISHER, DAVID3,778.99
10/29/10SWAN, DAVID2,738.95
10/29/10WELLENS, MOLLY1,707.79
10/29/10BERGER, STEPHANIE247.00
10/29/10BJORK, BRANDON412.50
10/29/10FRANK, PETER340.00
10/29/10JACKSON, ANGELA60.25
10/29/10JANASZAK, MEGHAN308.82
10/29/10KOHLMAN, JENNIFER95.00
10/29/10ROBBINS, AUDRA2,847.74
10/29/10ROBBINS, CAMDEN98.81
10/29/10SCHALLER, SCOTT53.75
10/29/10SHERRILL, CAITLIN869.89
10/29/10TAYLOR, JAMES2,583.24
10/29/10THOMFORDE, FAITH1,461.80
10/29/10ADAMS, DAVID1,993.70
10/29/10GERMAIN, DAVID2,134.59
10/29/10HAAG, MARK2,244.55
10/29/10KLOOZ, AUSTIN840.00
10/29/10SCHULTZ, SCOTT2,914.49
10/29/10ANZALDI, MANDY1,682.96
10/29/10BRENEMAN, NEIL2,036.93
10/29/10CRAWFORD - JR, RAYMOND751.35
10/29/10EVANS, CHRISTINE1,361.22
10/29/10GLASS, JEAN2,103.67
10/29/10HANSEN, LORI2,912.02
10/29/10HER, PETER474.50
10/29/10HOFMEISTER, MARY981.56
10/29/10HOFMEISTER, TIMOTHY443.50
10/29/10KLUCAS, PETER256.00
10/29/10KULHANEK-DIONNE, ANN480.63
10/29/10OLSON, SANDRA84.00
10/29/10PELOQUIN, PENNYE620.37
10/29/10PENN, CHRISTINE2,094.61
10/29/10SMITH, TERRENCE172.00
10/29/10STARK, SUE324.00
10/29/10VANG, KAY18.50
10/29/10VUE, LOR PAO169.13
10/29/10ZIELINSKI, JUDY38.50
10/29/10ANDERSON, MAXWELL330.60
10/29/10BAUDE, SARAH54.75
10/29/10BIGGS, ANNETTE154.10
10/29/10BRENEMAN, SEAN491.65
10/29/10BRUSOE, CRISTINA134.50
10/29/10BUCKLEY, BRITTANY249.45
10/29/10BUTLER, ANGELA85.00
10/29/10CAMPBELL, JESSICA1,377.90
10/29/10CLARK, PAMELA112.50
10/29/10COLEMAN, DAYSHIA38.75
10/29/10DEMPSEY, BETH147.00
10/29/10DUNN, RYAN1,031.19
10/29/10ERICKSON-CLARK, CAROL49.00
10/29/10FONTAINE, KIM461.50
10/29/10GRAY, MEGAN38.08
10/29/10GRUENHAGEN, LINDA355.93
10/29/10HAGSTROM, EMILY75.38
10/29/10HANSEN, HANNAH217.57
10/29/10HEINRICH, SHEILA494.00
10/29/10HOLMBERG, LADONNA601.50
10/29/10HORWATH, RONALD2,589.01
10/29/10JOHNSON, BARBARA321.00
10/29/10KOGLER, RYAN122.10
10/29/10KOHLER, ROCHELLE34.00
10/29/10KRONHOLM, KATHRYN781.57
10/29/10LAMSON, KEVIN79.01
10/29/10MATHEWS, LEAH118.35
10/29/10MCCORMACK, MELISSA147.00
10/29/10METCALF, JOLENE18.75
10/29/10NADEAU, KELLY174.16
10/29/10PEHOSKI, JOEL100.00
10/29/10PROESCH, ANDY634.22
10/29/10RENFORD, NICHOLAS105.13
10/29/10RICHTER, DANIEL72.00
10/29/10RICHTER, NANCY147.00
10/29/10RONNING, ISAIAH194.78
10/29/10RONNING, ZACCEUS102.20
10/29/10SCHREIER, ROSEMARIE222.00
10/29/10SCHREINER, MICHELLE304.30
10/29/10SCHUNEMAN, GREGORY96.01
10/29/10SJERVEN, BRENDA225.50
10/29/10SMITH, ANN83.95
10/29/10SMITLEY, SHARON226.35
10/29/10TAYLOR, JASON172.63
10/29/10THORWICK, MEGAN14.70
10/29/10TREPANIER, TODD565.00
10/29/10TRUE, ANDREW25.13
10/29/10TUPY, ELIANA102.00
10/29/10TUPY, HEIDE44.40
10/29/10TUPY, MARCUS253.55
10/29/10WARNER, CAROLYN290.40
10/29/10WEDES, CARYL98.00
10/29/10WEEVER, NAOMI94.25
10/29/10WOLFGRAM, TERESA15.00
10/29/10WOODMAN, ALICE92.00
10/29/10BOSLEY, CAROL377.60
10/29/10DANIEL, BREANNA235.25
10/29/10GIERNET, ASHLEY38.25
10/29/10HITE, ANDREA72.00
10/29/10LANGER, CHELSEA304.00
10/29/10LANGER, KAYLYN114.75
10/29/10SATTLER, MELINDA140.25
10/29/10SAVAGE, KAREN100.00
10/29/10ZAGER, LINNEA556.50
10/29/10BEHAN, JAMES2,210.22
10/29/10COLEMAN, PATRICK188.50
10/29/10DOUGLASS, TOM1,320.90
10/29/10JOHNSON, JUSTIN204.81
10/29/10LONETTI, JAMES468.00
10/29/10MALONEY, SHAUNA187.50
10/29/10PRINS, KELLY1,255.62
10/29/10REILLY, MICHAEL1,915.75
10/29/10THOMPSON, BENJAMIN303.25
10/29/10VALERIO, TARA350.00
10/29/10VANG, PETER275.50
10/29/10FINWALL, SHANN3,138.95
10/29/10AICHELE, CRAIG2,178.95
10/29/10PRIEM, STEVEN2,390.15
10/29/10WOEHRLE, MATTHEW2,701.13
10/29/10BERGO, CHAD2,651.63
10/29/10FOWLDS, MYCHAL3,469.86
10/29/10FRANZEN, NICHOLAS2,413.50
10/29/10JAGOE, CAROL1,836.00
100955510/29/10CARLE, JEANETTE149.40
10/29/10MAHRE, GERALDINE149.40
1009556
100955710/29/10FEIST, ASHLEY117.00
10/29/10GRAVES, CONNIE104.88
1009558
100955910/29/10JUGOVICH, CARALYNN91.00
10/29/10KING, KYLE32.00
1009560
100956110/29/10KRENZ, CASSANDRA78.00
100956210/29/10MASON, KYLE83.75
100956310/29/10MASON, LAURA8.50
10/29/10MEISSNER, MICHAEL150.00
1009564
100956510/29/10MULLEN, REBECCA52.00
10/29/10O'BRIEN, PATRICIA308.75
1009566
100956710/29/10RITCHIE, KALLY26.00
100956810/29/10ROKKE, MARINA78.00
100956910/29/10ST. MARTIN, MICHELLE26.00
100957010/29/10VUKICH, CANDACE85.19
100957110/29/10ANDERSON, ALYSSA23.25
10/29/10CRANDALL, KRISTA83.05
1009572
100957310/29/10FLUEGEL, LARISSA106.88
10/29/10GIPPLE, TRISHA250.07
1009574
100957510/29/10JOYER, ANTHONY88.80
10/29/10MCLAURIN, CHRISTOPHER386.09
1009576
100957710/29/10MCMAHON, MELISSA25.00
100957810/29/10MCMAHON, MICHAEL55.13
100957910/29/10MORIS, RACHEL45.00
10/29/10NORTHOUSE, KATHERINE58.13
1009580
100958110/29/10ROSTRON, ROBERT502.73
10/29/10SCHMIDT, EMILY157.63
1009582
100958310/29/10HER, KIM22.50
10/29/10HER, MARINA31.25
1009584
100958510/29/10PENN, CAYLA144.00
10/29/10BARTHOL, CASSIE166.75
1009586
100958710/29/10FULFORD, ZAHKIYA232.00
10/29/10SCHULZE, KEVIN480.00
1009588
100958910/29/10STEFFEN, MICHAEL87.00
10/29/10XIONG, NAO152.25
1009590
505,766.10
AGENDA REPORT
TO:
James Antonen, City Manager
FROM:
Michael Thompson, City Engineer / Deputy Director of Public Works
SUBJECT: Approve Resolution Ordering Assessment Hearing on November 22,
2010, Markham Pond Retaining Wall, Project 05-18
DATE:
November 2, 2010
INTRODUCTION
The council will consider calling for an assessment hearing for a special assessment to be levied
against the subject property as stipulated in a signed agreement between the property owner and city.
DISCUSSION
DeSoto Associates Limited Partnership, LLP is the owner at 1650 Beam Avenue. An agreement was
signed between DeSoto Associates Limited Partnership, LLP and the City of Maplewoodfor the
replacement and future maintenance of a retaining wall between Markham Pond and the parking lot. It
was previously determined that the retaining wall was failing and needed to be replaced and the site
restored. On August 10, 2009 the council awarded a construction contract in the amount of
$251,913.00. The contractor, Urban Companies, LLC, has completed the project improvements.
The fully executed agreement between the City of Maplewood and DeSoto Associates Limited
Partnership, LLP stipulates that DeSoto Associates Limited Partnership, LLP, willbe assessed a storm
water assessment in the amount of $31,084.40. This assessment shall be paid over an 8 year period
at 6% interest.
RECOMMENDATION
It is recommended that the City Council approve the attached resolution ordering the assessment
hearing on November 22, 2010 for Markham Pond Retaining Wall, City Project 05-18.
Attachments:
1. Resolution
2. Location Map
RESOLUTION
ORDERING ASSESSMENT ROLL HEARING
WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an
assessment roll for the Markham Pond Retaining Wall, City Project 05-18, and the said assessment roll
is on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. A hearing shall be held on the 22nd day of November 2010, at the city hall at 7:00 p.m.
to pass upon such proposed assessment and at such time and place all persons owning property
affected by such improvement will be given an opportunity to be heard with reference to such
assessment.
2. The city clerk is hereby directed to cause a notice of the hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to
mail notices to the owners of all property affected by said assessment.
3. The notice of hearing shall state the date, time and place of hearing, the general nature
of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk
and city engineer and that written or oral objections will be considered.
th
day of November, 2010.
Approved this 8
Markham Pond Retaining Wall
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 (November 1, 2010), The Lawrence Group;November 1, 2010 for County parcel and property records data; November 2010 for
Agenda ItemG3
AGENDA REPORT
TO:
James Antonen, City Manager
FROM:
Karen Guilfoile, City Clerk
DATE:
November 2, 2010
RE:
Lawful Gambling License –Merrick Inc. at The Dog House Bar & Grill
Introduction
Merrick Inc. is requesting approval of a premise licensefor lawful gambling at The Dog
House Bar & Grilllocated at 2029 Woodlynn Avenue E. Approval is requested of the
following resolution.
RESOLUTION
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that
the premise license for lawful gambling is approved for Merrick Inc.to operate at The
Dog House Bar & Grill,located at 2029 Woodlynn Avenue E., Maplewood, Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the
timeliness of application for said permit as governed by Minnesota Statute §349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling
Control Division of the Minnesota Department of Gaming approve said license
application as being in compliance with Minnesota Statute §349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council
of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their
approval.
Recommendation
It is recommended that council approve the lawful gambling resolution application for
Merrick Inc. to operate at The Dog House Bar & Grill.
AGENDA REPORT
TO:
James Antonen, City Manager
FROM:
DuWayne Konewko, Community Development/Parks Director
Bill Priefer, Recycling Coordinator/Public Works Operations Analyst
SUBJECT: Consider Approval of 2011 SCORE Funding Grant Application
DATE:
October 28, 2010
INTRODUCTION
Attached is the 2011 SCORE Funding Grant application from the Ramsey County Department of Public
Health. The City of Maplewood has the opportunity to apply for a $77,638 grant to subsidize our waste
reduction and recycling efforts. The 2010 grant was in the amount of $73,475.
BACKGROUND
In 1989, the Minnesota Legislature adopted comprehensive waste reduction and recycling legislation
based on the recommendations of the Governor’s Select Committee on Recycling and the Environment
(SCORE). This set of laws, commonly referred to as SCORE, is part of Minnesota’s Waste Management
Act (WMA). The SCORE legislation has provided counties, including Ramsey County, with a funding
source to develop effective waste reduction, recycling and solid waste management programs. Ramsey
County in turn offers SCORE grants to cities to enhance or improve their waste reduction and recycling
efforts. The City of Maplewood annually has applied for and received SCORE grants which require us to
submit an annual report detailing recycling rates and our efforts to reduce solid waste through increased
recycling.
BUDGET IMPACT
The 2010 Recycling program budget of $486,760 was subsidized by a Ramsey County SCORE grant in
the amount of $73,475. The 2011 grant amount is $77,638 and is based upon a per capita basis.
RECOMMENDATION
It is recommended that council approve the 2011 SCORE Funding Grant application in the amount of
$77,638.
Attachment:
1. 2011 SCORE Grant Application
7%-284%906%17)='3928=()4%681)283*49&0-',)%08,
)2:-6321)28%0,)%08,7)'8-32
7'36)*92(-2++6%28%440-'%8-32
CITY/TOWNSHIP: City of Maplewood
CONTACT PERSON: Bill Priefer
ADDRESS: 1902 County Road B East, Maplewood, MN 55109
PHONE: 651-249-2406
FAX: 651-249-2409
EMAIL: bill.priefer@ci.maplewood.mn.us
7'36)+6%286)59)78
Please
;LEXQIEWYVEFPIKSEPWHSIW]SYVQYRMGMTEPMX]LEZIJSV[EWXIVIHYGXMSRERHVIG]GPMRKEGXMZMXMIWMR#
describe how progress toward these goals will be measured and evaluated. At least ONE measurable goal must be listed.
Continue to increase participation at single-family locations and especially at multi-family locations. This will be
accomplished through continued education and working with building owners and managers. Progress will be measured by
measuring tonnage from these locations and determining if increases in recycling tonnage were observed.
Identify multi-family locations that do not currently offer recycling, and enforce compliance with our ordinance that requires
multi-family property owners to offer recycling services to their tenants.
Institute public space recycling in all Maplewood parks and City Hall campus using the 137 Bedford recycling bins obtained
through Ramsey County’s .
&I%GXMZI&I+VIIR6IG]GPMRK'SRXEMRIV4VSNIGX+VERX%KVIIQIRX
Continue to use Clear Stream (60 obtained from Ramsey County Grant) recycling containers at all City sponsored outdoor
annual Taste of Maplewood, so that recycling tonnage can be measured and
events, especially at the upcoming 3
rd
compared with the 2009 and 2010 tonnage from the Taste of Maplewood.
(IWGVMFIXLIEGXMZMXMIWE7'36)KVERX[SYPHFIYWIHJSVMR]SYVQYRMGMTEPMX]ERHLS[XLIWIJYRHW[MPPIRLERGI
Identify expenses for activities within each applicable budget
]SYVI\MWXMRK[EWXIVIHYGXMSRERHVIG]GPMRKTVSKVEQW
category.
SCORE funds will be used to continue our existing curbside and multi-family programs, and to help fund our new initiative of
public space recycling in all Maplewood parks and on the City Hall campus.
PROPOSED SCORE BUDGET—SCORE EXPENSES ONLY
ADMINISTRATION Total: $_____________
Please detail activities and expenses:
PROMOTION ACTIVITIES Total: $_____________
Please detail activities and expenses:
EQUIPMENT Total: $_____________
Please detail activities and expenses:
COLLECTION OF RECYCLABLES Total: $77,683.00___________
Please detail activities and expenses:
TOTAL SCORE GRANT Requested $77,638.00____________
6)'='0-2+&9(+)8
If your governing
%XXEGLEGST]SJ]SYVQYRMGMTEPFYHKIXJSVEPPVIG]GPMRKEGXMZMXMIWMRGPYHMRKEPPJYRHMRKWSYVGIW
body has not adopted the budget, attach the most current draft budget.
49&0-')28-8-)70%;'3140-%2')
, or a copy of the relevant portion of any contracts with haulers, that specifies
%XXEGLEGST]SJXLIHMWGPSWYVIJVSQ]SYVLEYPIV
W
the facility at which waste collected from municipal facilities is deposited. Minn. Stat. § 115A.9302 requires haulers to disclose this
information to customers annually.
6)73098-32
or a certified copy of the official
%XXEGLEVIWSPYXMSRJVSQ]SYVKSZIVRMRKFSH]VIUYIWXMRKXLI7'36)JYRHMRKEPPSGEXMSR
proceedings at which the request was approved. SCORE grants agreements cannot be issued without such an attachment.
_____William J. Priefer___________________________________
NAME OF PERSON AUTHORIZED TO SUBMIT GRANT
________________________________________
SIGNATURE (electronic signature is acceptable)
____Recycling Coordinator_____________________________________
TITLE
_____November 8, 2010___________________________________
DATE
Applications will be considered complete when items 1 – 5 above are submitted and a signature is on file.
Please return the completed grant application form by
()')1&)6
SCORE Program
Saint Paul – Ramsey County Department of Public Health
Environmental Health Section
2785 White Bear Avenue N., Suite 350
Maplewood, MN 55109-1320
TO:
FROM:
RE:Transfer MnDOT State Aid from Project Funds to Debt Service
DATE:
INTRODUCTION
DISCUSSION
RECOMMENDATION
P:\AGENDA REPORTS\11.08.10\G5 - TRANSFER MNDOT TO DEBT SERVICE.DOC
AGENDA REPORT
TO:
FROM:
SUBJECT:
Park Naming of Legacy Tot-Lot
DATE:
INTRODUCTION
DISCUSSION
RECOMMENDATION
Item G7
MEMORANDUM
TO: Jim Antonen, City Manager
FROM: Karen Guilfoile, Director Citizen Services
DATE: October 27, 2010
SUBJECT:
Background
th
To celebrate the 50 year anniversary of the city, in June of 2007 the city had its first Taste of
Maplewood event. Over the years the event has progressed and in 2010 the city council
approved a resolution of support for the 2010 event to run for two dayswhich occurred on
thth
August 6 and 7.
Because the event has grown in size in both vendors and participants the event was moved to
Goodrich Park last year. Organizing an event of this magnitude has both its challenges and
rewards. And, lessons learned.
In our plans for expanding to a two day event in 2010, staff determined that we would license
as many vendors that applied for a permit as long as they met license requirements. We ended
up with a total of 97 vendors including: 48 food and beverage vendors, 18 crafter vendors, 19
marketplace vendors and 12 sponsor and business vendors. This does not include any of the 13
entertainment vendors which included Stipes Carnival, Martin Zellar, The Mu Daiko Drummers
and GB Leighton to name a few.
Herein lies the lessons learned. Getting power to the vendors in the form of generators and
gasoline to run the generators was where our inexperience in managing festivals caught us off
guard. In future events generators will only be used for entertainment and will be provided by
a company experienced in providing power to festival types of events.
The other area that we will change is the number of vendors that we will license for the event.
I personally have met with several vendors during and after the event to solicit input from their
experience and we will probably cut in half the amount of vendors that we allow in the future.
The event will have categories for food and beverage types and depending on the item only a
couple of licenses will be issued for each category so that the vendors have more of an
opportunity to sell their product. We will also have a craft and marketplace vendor section that
will be separate from the food area.
During 2009, a separate fund was set up to account for revenues received and costs incurred
for the annual Taste of Maplewood. A transfer was to be completed each year from the
General Fund to the Taste of Maplewood Fund to cover the net costs. While the amount
allotted for the event was included in both the 2009 and 2010 budget, the transfers for both
years needs to be completed.
The 2009 net costs were $18,796.99 and the 2010 net costs amounted to $46,333.02. A
transfer of $65,130.01 needs to be made from the General Fund to the Taste of Maplewood
Fund to cover net expenses for 2009 and 2010.
So that entertainment and sponsors can be secured for the 2011 event, a resolution of support
for the 2011 Taste of Maplewood will be on the November 8, 2010 city council agenda for
approval. Funds have been budgeted for the 2011 event.
Recommendation
It is recommended that the Council authorize the following: (1) a transfer of $65,130.01 from
the General Fund to the Taste of Maplewood Fund, and (2) the appropriate budget changes.
THIS PAGE IS INTENTIONALLY LEFT BLANK
Agenda Item I.1
MEMORANDUM
TO:
James Antonen, City Manager
FROM:
Shann Finwall, AICP, Environmental Planner
Chuck Ahl, Assistant City Manager
Bill Priefer, Recycling Coordinator
SUBJECT:
Review of Recycling Contract Between the City of Maplewood and Tennis
Sanitation, LLC
DATE:
November 2, 2010 for the November 8 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 submitted a request
for proposal (RFP) to interested recycling contractors which outlined the City’s recycling
requirements. The City received six proposals from the following contractors: Allied Waste,
Eureka Recycling, Highland Sanitation and Recycling, Inc., Tennis Sanitation, LLC, Veolia
Environmental Services, and Waste Management.
Background
On September 27, 2010, the City Council reviewed the six recycling proposals and directed staff
to proceed with contract negotiations with Tennis Sanitation, LLC, based on their Option 5
recycling proposal which included the following:
Single-stream recycling.
Collection of the following materials: Paper and Corrugate, Plastics #1 through #5,
Glass, Metals, and Textiles.
Recycling collection every week.
Existing city bins to be used as recycling containers.
Per household per month price for recycling collection - $1.75.
No revenue share.
DISCUSSION
Contract Highlights
1. Annual Performance Review – Annually the Environmental and Natural Resources
(ENR) Commission will review the contractor’s annual report (due by January 31 of each
year). The ENR Commission will make a report to the City Council on their review and a
meeting will be held between the City Council and the contractor. The objectives of the
annual review will include:
Review contractor’s annual report, including trends in recovery rate and
o
participation rate.
Review efforts the contractor has made to expand recyclable markets.
o
Review contractor’s performance based on feedback from residents to the ENR
o
Commission, City Council, and City staff.
Review contractor’s recommendations for improvement in the City’s recycling
o
program, including enhanced public education and other opportunities as
contained within the annual work plan for the upcoming year.
Review City staff recommendations for contractor’s service improvements.
o
Discuss other opportunities for improvement with the remaining years under the
o
current contract.
The City’s current recycling contract calls for a review of the annual report with the ENR
Commission only. Because the City’s relationship with Tennis Sanitation is new, staff is
recommending a review of the annual report and performance review with the ENR
Commission and the City Council during the term of the three-year contract to ensure
performance standards are met.
2. Public Education Literature - The contractor is required to conduct its own promotions
and public education to increase participation and improve compliance. At a minimum
the public education literature should include the production and distribution of an annual
flyer to each home and distribution of resident education tags to be left by curbside
collection crews if any non-targeted material is rejected and left at the curb.
City staff is reviewing Tennis Sanitation’s proposed annual flyer and education tags.
The annual flyer will be distributed by Tennis Sanitation as soon as possible to ensure
adequate time for residents to review the new single stream recycling procedures prior
to the contract start of January 1, 2011.
3. Processing Facilities - The contractor is required to provide the City with documentation
for receiving and processing recyclables collected from the City. Tennis Sanitation will
sort all recyclables at their facility in St. Paul Park. Following is a list of processing
facilities for the sorted products:
Paper and Corrugate – Rock-Tenn Company, St. Paul. Paper made into cereal
o
boxes.
Plastic #1 through #5 – Procurement companies who distribute to processors in
o
the Midwest. Plastics are processed into #1 bales and a combined #2 through
#5 bales. Plastics are made into items such as plastic lattice, composite
decking, landscape edging, etc.
Glass – Anchor Glass, Shakopee and eCullet, St. Paul. Glass is made into other
o
glass products. Chipped glass also used as aggregate.
Metals – AMG, St. Paul and JR Appliance, Inver Grove Heights. Tin is made into
o
food storage cans and scrap metal is made into rebar.
Textiles – Procurement companies who distribute to nonprofits and companies
o
for reuse or to be made into other textile products.
4. Process Residuals - During review of Tennis Sanitation’s proposal, the City Council
questioned what the average process residual rate was in Tennis’ single stream facility.
The residual, as you recall, is material that had been collected as recyclables, but were
non-targeted materials or were contaminated to the point that they are no longer
marketable and must be disposed of. Willie Tennis reported to the City Council that on
2
average Tennis Sanitation has a 5 percent residual rate. To ensure this rate is
maintained, staff has added language in the contract which limits the quantity of process
residuals to 6 percent. This rate will be verified in the city’s annual composition analysis,
where the city’s recyclables are processed separately over a one-week period to
determine the amount of materials recycled and the process residual rate. Tennis
Sanitation is acceptable to the maximum residual rate language in the contract.
Contract Implementation
City staff is working with Tennis Sanitation to ensure a successful start to the new recycling
program on January 1, 2011.
Staff is preparing a recycling article for the December City News to inform residents of
the new recycling contract.
Single and multiple family address lists are being generated by the city for use by Tennis
Sanitation in their recycling collection. Additionally, all special needs addresses are
being verified for continued house-side pickup.
The annual education flyer will be distributed to all residents as soon as possible to
ensure adequate time for residents to review the new single stream recycling
procedures.
Tennis Sanitation has ordered the required multiple family recycling carts and will be
distributing them in December.
RECOMMENDATION
Approve the attached Recycling Contract between the City of Maplewood and Tennis
Sanitation, LLC. This contract is for city-wide recycling collection from single and multiple family
dwellings. The contract period is three years, beginning January 1, 2011 through December 31,
2013.
Attachment: Recycling Contract
3
Attachment 1
CONTRACT AGREEMENT BETWEEN THE
CITY OF MAPLEWOOD
AND
TENNIS SANITATION, LLC
FOR RECYCLING SERVICES
November 8, 2010
Table of Contents
1.Definitions .................................................................................................................... 5
2. Term of Contract .......................................................................................................... 7
3.Annual Work Plan ........................................................................................................ 9
4.Annual Performance Review ...................................................................................... 9
5.“Single Stream” Collection/Processingsystem ............................................................ 9
6.Payment Terms .......................................................................................................... 10
7.RFP and Contractor’s Proposal ................................................................................. 10
GENERAL REQUIREMENTS FOR ALL COLLECTIONS ................................................ 10
8.Missed Collections ..................................................................................................... 10
9.Severe Weather......................................................................................................... 10
10.Collection Hours and Days ........................................................................................ 11
11.Customer Complaints ................................................................................................ 11
12.City Retains Right to Specify Resident Preparation Instructions ................................ 11
13.City Shall Approve Contractor’s Public Education Literature ..................................... 11
14.Weighing of Loads ..................................................................................................... 11
15.Monthly and Annual Reports ...................................................................................... 12
16.Ownership of Recyclables ......................................................................................... 12
17.Scavenging Prohibited ............................................................................................... 12
18.Cleanup of Spillage or Blowing Litter ......................................................................... 13
19.Recyclable Materials Required to be Transported to Markets ................................... 13
20.Designated Primary Glass Market ............................................................................. 13
21.Processing Facilities Must be Specified ..................................................................... 13
22.Estimating Materials Composition as Collected ......................................................... 13
23.Estimating Process Residuals.................................................................................... 14
24.Lack of Adequate Market Demand ............................................................................. 14
25.Vehicle Requirements ................................................................................................ 14
26.Personnel Requirements ........................................................................................... 15
27.Licenses and Permits ................................................................................................. 15
28.Performance Monitoring ............................................................................................. 15
29.Liquidated Damages .................................................................................................. 16
2
CURBSIDE COLLECTION REQUIREMENTS .................................................................. 16
30.Weekly Collection ...................................................................................................... 17
31.Point of Collection ...................................................................................................... 17
32.Curbside Collection Schedule Deadline ..................................................................... 17
33.Procedure for Handling Non-Targeted Materials ........................................................ 17
34.Public Education Information for SingleFamily Residents .......................................... 17
MULTI FAMILY COLLECTION REQUIREMENTS ........................................................... 18
35.MFD Building Owners May Elect to Subscribe to City Recycling Service ................. 18
36.Multiple Family Collection Stations ............................................................................ 18
37.Multiple Family Container Location(s) ........................................................................ 18
38.Multiple Family Service Standards ............................................................................. 18
39.Multiple Family Recycling Container Requirements ................................................... 18
40.Responsibility for Providing and Maintaining Multiple Family Recycling Containers .. 19
41.Public Education Information for Tenants with Multiple Family Recycling Service ..... 19
42.Other Public Education Tools to Residents with MultipleFamily Recycling Service ... 19
43.Annual Report to MFD Building Owners .................................................................... 19
44.Municipal Facilities Collection Requirements ............................................................. 20
INSURANCE AND OTHER LEGAL REQUIREMENTS .................................................... 20
45.Insurance ................................................................................................................... 20
46.Transfer of Interest ..................................................................................................... 21
47.Non-Assignment and Bankruptcy ............................................................................... 21
48.Dispute Resolution and Arbitration Procedures ......................................................... 21
49.PerformanceBond ..................................................................................................... 21
50.General Compliance .................................................................................................. 21
51.Independent Contractor ............................................................................................. 22
52.Hold Harmless ........................................................................................................... 22
53.Accounting Standards ................................................................................................ 22
54.Retention of Records ................................................................................................. 22
55.Data Practices ............................................................................................................ 22
56.Inspection of Records ................................................................................................ 23
57.Applicable Law ........................................................................................................... 23
58.Contract Termination ................................................................................................. 23
3
59.Employee Working Conditions and Contractor’s Safety Procedures ......................... 23
60.Contract Amendments............................................................................................... 23
4
This Agreement is made this ____ day of __________ 2010, between the City of
Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the “City”) and Tennis
th
Sanitation, LLC, with its current local place of business at 720 4 Street, St. Paul Park,
Minnesota 55071 (the “Contractor”).
WITNESSETH:
WHEREAS, the City supports a comprehensive residential recycling program and
desires that high-quality recycling services be available to all its residents; and
WHEREAS, the City supports curbside recycling as part of an overall landfill
abatement program; and
WHEREAS, the City supports multi-family recycling services as another part of an
overall landfill abatement program; and
WHEREAS, Ramsey County has funding available for such residential recycling
services; and
WHEREAS, the Contractor has submitted a proposal for comprehensive recycling
services to the City;
NOW, THEREFORE, the City and Contractor mutually agree as follows, in
consideration of the mutual promises and covenants contained herein:
1.Definitions
1.1 “Aerosol cans”
Aerosol cans include but are not limited to spray paint, hairspray, deodorant, etc.
1.2 “Aluminum cans”
Disposable containers fabricated primarily of aluminum, commonly used for soda, beer, juice,
water or other beverages. Also includes aluminum foil and trays.
1.3 “Contractor’s annual recycling public education flyer”
The City requires the Contractor to publish and distribute an annual public education flyer that
contains the following recycling information for City residents:
Annual calendar and map of curbside recycling districts for “single family
dwellings”
List of materials to be included for recycling
List of non-targeted materials that cannot be recycled in the City’s recycling
program
General information about curbside recycling and multi-family recycling
instructions
How to prepare materials.
5
1.4 “City’s designated contact person”
The City has designated the Community Development Director as the contact person for
management and administration of this Agreement.
1.5“City-designated recyclables” or “Recyclable materials” or “Recyclables”
The following recyclable materials: aluminum cans; steel cans; glass jars and bottles; paper
recyclables; phone books; plastic bottles; plastic tubs (yogurt, margarine, sour cream; plastic
toys; plastic containers for shrubs, trees and flowers; egg cartons; motor oil bottles (drained);
aerosol cans; household scrap metal; textiles; boxboard; corrugated cardboard; and milk
cartons and juice boxes as defined and further described in the “City’s annual recycling public
education flyer”. This list of recyclable materials can be amended through negotiation
between the City and its Contractor at any time within the duration of the contract term. Such
negotiations must be reduced to a written amendment to this Agreement and duly executed
before it shall go into effect.
1.6“Collection”
The aggregation and transportation of recyclable materials from the place at which it is
generated and includes all activities up to the time when it is delivered to a recycling facility.
1.7“Contractor”
The City’s recycling service Contractor under the new contract beginning operation on
January 1, 2011.
1.8“Corrugated cardboard”
Cardboard material with double wall construction and corrugated separation between walls
but not plastic, wax or other coated cardboard.
1.9“Curbside recycling bins”
Uniform curbside recycling bins (e.g., red, plastic recycling tubs) supplied by the City in which
recyclables can be stored and later placed for curbside collection, as specified by the City.
The recycling containers remain the property of the City and are the only receptacles
approved for use under this contract without further agreement in writing.
1.10“Curbside recycling service”
The recycling collection service, together with related public education and other customer
services, specified within this contract utilizing curbside recycling bins. Multi-family dwellings
may receive curbside recycling service as selected by the City and the Contractor.
1.11“Glass jars and bottles”
Unbroken Glass jars, bottles, and containers (lids/caps and pumps removed) that are
primarily used for packing and bottling of food and beverages.
6
Household scrap metal includes, but is not limited to,
1.12“Household Scrap Metal”
silverware, pots, pans and wire hangers.
1.13“Holidays”
Holidays refers to any of the following: New Year’s Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas Day and any other holidays mutually agreed upon
by the City and the Contractor. In no instance will there be more than one holiday during a
Collection week. When the scheduled Collection day falls on a holiday. Collection for that
day will be collected one day later. The Contractor shall publish the yearly calendar including
alternate Collection days, with assistance from the City.
1.14“Holiday weeks”
A week where a holiday falls on a Monday through Friday and requires the Contractor to
collect recyclables on a Saturday, of which Saturday will be agreed upon by the City.
1.15“Market demand”
The economic and technical capacity of markets to use recyclable material to make new
products.
1.16“Markets”
Any person or company that buys (or charges) for recycling of specified materials and may
include, but are not limited to, end-markets, intermediate processors, brokers and other
recycling material business.
1.17“Milk cartons and juice boxes”
Gable top and Tetra Pak cartons for milk, soy, broth, and juice boxes.
1.18“Multiple family dwellings (MFD)”
A building or a portion thereof containing five (5) or more dwelling units.
1.19“MFD recycling containers”
Recycling containers used for multiple family dwellings (MFD) including any bin, cart,
dumpster or other receptacle for temporary storage and collection of designated recyclables
from residents in MFD’s prior to Collection. Such recycling containers must be separate,
explicitly labeled on the lid and the front of the containers as to recyclables included, and
colored differently from other containers for mixed solid waste or trash.
1.20“Multiple family recycling service”
Recycling Collection service, together with related public education and other customer
services, provided to multiple family residents that utilize multiple family recycling containers
(i.e., carts) and use multiple family recycling stations.
1.21“Multiple family recycling stations”
The location of multiple family recycling containers designated by the recycling Contractor
with agreement of the MFD building owner. Multiple family recycling stations will likely be a
cluster of recycling carts and/or recycling dumpsters.
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1.22“Non targeted materials”
Materials that are not included in the City’s recycling program. Examples of typical non-
targeted items include, but are not limited to, pumps on plastic bottles, ceramic material in
glass streams, window glass and mirrors, paper cups and plates.
1.23“Paper”
Paper includes the following: newspapers (including inserts); household office paper and
mail; cereal, cake mix, chips and cracker boxboard; egg cartons; old corrugated cardboard;
phone books; Kraft bags; pop/beer boxes; tissue boxes, and magazines/catalogs. No
boxboard containers used for food product storage in refrigerators or freezers are included,
except for the tops of pizza boxes.
1.24“Plastics”
All plastics with plastic resin codes #1 (PET & PETE); #2 (HDPE); #3 (PVC); #4 (LDPE); #5
(PP); and #7 (other). These will include, but not be limited to, plastic beverage bottles; liquor;
juice; milk; soft drinks; certain foods; soap and cosmetics; plastic tubs (yogurt, sour cream,
margarine); tree, flower and shrub containers; plastic toys; and motor oil bottles (drained).
Plastic lids, caps, rings and pumps are not included.
1.25“Process residuals”
The normal amount of material that cannot be economically recycled due to material
characteristics such as size, shape, color, cross-material contamination, etc. and must be
disposed as mixed municipal solid waste. Process residuals include subcategories of
process residuals including, but not limited to, bulky items, contaminants, sorted tailings, floor
sweepings and rejects from specific processing equipment (e.g. materials cleaned from
screens, etc). “Process residuals” does not include clean, separated products that are
normally processed and prepared for shipment to markets as commodities but are of
relatively low-value because of depressed market demand conditions. The maximum percent
of process residuals shall not exceed six percent (6%).
1.26“Processing”
The sorting, volume reduction, baling, containment or other preparation of recyclable
materials delivered to the processing center for transportation or marketing purposes.
1.27“Processing center”
A recycling facility in which recyclable materials are processed. The facility will conform to all
applicable rules, regulations and laws of state, local or other jurisdictions.
1.28 “Steel cans”
Disposable containers fabricated primarily of steel or tin, used for food and beverages.
1.29“Textiles”
Textiles include unwanted but reusable linens such as towels, sheets, blankets, curtains,
tablecloths and clothes (including belts, coats, hats, gloves, shoes and boots that are clean
and free of mold, mildew and excessive stains). Textiles must be dry.
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1.30“Work Plan from Contractor”
The annual work plan proposal for recycling system improvements submitted from the
Contractor and approved by the City.
2.Term of Contract
The term of this recycling contract will be a period of three (3) years from January 1, 2011
through December 31, 2013. The City may consider up to two (2), one (1) year extensions
for years 2014 and 2015, at the City’s sole discretion.
3.Annual Work Plan
The Contractor shall submit an annual work plan proposal no later than October 1 for the
upcoming calendar year to outline key priorities for system improvements. Public education
tools shall be itemized and approximate timelines described. Other service improvements
may also be included in the work plan. The City shall review and approve the work plan by
no later than November 1 each year. The annual work plan shall be incorporated by
reference as an amendment to this contract.
Annual Performance Review
4.
Upon receipt of the Contractor’s annual report, the City shall schedule an annual meeting
with the Contractor and the City’s Environmental and Natural Resources (ENR) Commission.
Once concluded, the report from the ENR Commission shall be presented to the City Council,
and a meeting will be held between the Council and Contractor to review the performance of
the contract. The objectives of this annual meeting will include, but not be limited to:
Review Contractor’s annual report, including trends in recovery rate and
participation rate.
Efforts the Contractor has made to expand recyclable markets.
Review Contractor’s performance based on feedback from residents to the ENR
Commission, City Council, and City staff.
Review Contractor’s recommendations for improvement in the City’s recycling
program, including enhanced public education and other opportunities as contained
within the annual work plan for the upcoming year.
Review City staff recommendations for Contractor’s service improvements.
Discuss other opportunities for improvement with the remaining years under the
current contract.
5.“Single Stream” Recyclables Collection/Processing System
Single stream recyclables collection and processing system shall be the basic service system
design for this contract. Under this single stream design, residents will be instructed to
comingle all city designated recyclables in the red City of Maplewood fourteen (14) gallon bin
In addition, residents may place clean, reusable textiles separate from other recyclables in
water-proof bags labeled “Clothes and Linens”.
The Contractor shall not make any changes to the single stream collection or processing
system without written approval of the City.
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Payment Terms
6.
The Contractor will invoice the City of Maplewood on a monthly basis and the City will pay the
contractor no later than net 30 days of receipt of the invoice. The billing system will include
the following elements:
6.1Per Unit Fee
A charge for collection services calculated by multiplying the number of single family units
and multiple family units times the per unit fee of one dollar and seventy-five cents ($1.75)
per unit per month. Currently, the City has determined that there are eleven thousand six
hundred and eighty (11,680) single family units and four thousand one hundred eighty two
(4,182) multiple family units in the City of Maplewood. The City will pay the Contractor for all
single family units in the City, but will only pay one dollar and seventy-five cents ($1.75) per
unit per month for those multiple family units that the Contractor actually services. The City
will notify the Contractor of any changes in the number of single family units (e.g., new
construction and/or demolition of existing single family units).
6.2Other
Any other mutually agreed upon charges or credits for any other future efforts outside of the
scope of this contract (e.g., organics and food waste collection, public space recycling, etc.).
7.RFP and Contractor’s Proposal
The contents of the City’s Request for Proposal (RFP) for Recycling Services (dated June 1,
2010) and the Contractor’s proposal (dated June 30, 2010) are part of the contractual
obligations and are incorporated by reference into this contract. If any provision of the
contract is in conflict with the referenced RFP or proposal, the contract shall take precedent.
GENERAL REQUIREMENTS FOR ALL COLLECTIONS
The following general requirements are pertinent to all recycling collections (i.e., both
curbside recycling collection and multiple family recycling collection services). However, the
City acknowledges that collection service frequencies and other factors will vary between
residential and multiple family collection programs.
8.Missed Collections
The Contractor shall have a duty to pick up missed recycling collections. The Contractor
agrees to pick up all missed collections on the same day the Contractor receives notice of a
missed collection, provided notice is received by the Contractor before 11:00 a.m. on a
business day. With respect to all notices of a missed collection received after 11:00 a.m. on
a business day, the Contractor agrees to pick up that missed collection before 4:00 p.m. on
the following business day.
9.Severe Weather
The Contractor may postpone recycling collections due to severe weather at the sole
discretion of the Contractor. “Severe Weather” shall include, but not be limited to, those
cases in which snow, sleet, ice or cold temperatures might jeopardize the safety of the
Contractor’s staff or result in unsafe driving conditions. If collections are postponed, the
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Contractor shall notify the City. Upon postponement, collection will be made on a day agreed
upon between the Contractor and the City.
10. Collection Hours and Days
The City requires all such collections to begin no sooner than 7 a.m. and shall be complete
by 7 p.m. Furthermore, the City requires scheduled collection days to be Monday through
Friday, and agreed upon Saturdays during holiday weeks. The Contractor may request City
approval of exceptions to these time and day requirements (e.g., pursuant to the “Severe
Weather” section - Section 9 above). The Contractor must request such exception from the
City’s Designated Contact Person via telephone or email prior to the requested collection
event, and specify the date, time and reason for the exception.
11. Customer Complaints
The Contractor shall provide staffing of a telephone equipped office to receive missed
collection complaints and other complaints between the hours of 7:00 a.m. until 5: 00 p.m. on
all days of collection as specified in this Agreement. The Contractor shall have an answering
machine or voice mail system activated to receive phone calls after hours. The address and
telephone numbers of such office shall be given to the city in writing, with ten (10) days prior
notice of changes therein. The address of this office as of the execution of the contract is
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720 4 Street, St. Paul Park, Minnesota 55071 and the telephone number is 651-459-1887.
The Contractor shall also allow complaints to be made electronically.
Each month the Contractor shall provide the City with a list of all customer complaints, the
nature of these complaints and a description of how each complaint was resolved. The
names of the complainants and contact numbers or e-mail addresses must also be included.
Complaints on service will be taken and collected by the City and the Contractor. The City
will notify the Contractor of all complaints it receives. The Contractor is responsible for
corrective actions. The Contractor shall answer all complaints courteously and promptly.
12. City Retains Right to Specify Resident Preparation Instructions
The Contractor shall agree that it is the City’s sole right to clearly specify the resident sorting
and setout requirements. The Contractor shall publish and distribute, on an annual basis, the
detailed recyclable preparation instructions for its residents as part of its annual public
education flyer.
13. City Shall Approve Contractor’s Public Education Literature
The Contractor shall conduct its own promotions and public education to increase
participation and improve compliance with City-specified resident preparation instructions as
per the public education elements of the annual work plan. At a minimum, this shall include:
production and distribution of an annual flyer to each home; and distribution of “resident
education tags” to be left by curbside collection crews if any non-targeted material is rejected
and left at the curb. The Contractor shall submit a draft of any public education literature for
approval by the City, at least one (1) month before printing and release of any such literature.
14. Weighing of Loads
Contractor will keep accurate records consisting of an approved weight slip with the date,
time, collection route, driver’s name, vehicle number, tare weight, gross weight, net weight
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and number of recycling stops for each loaded vehicle. Collection vehicles will be weighed
after completion of a route or at the end of the day, whichever occurs first. A copy of each
weight ticket shall be kept on file and made available for inspection upon request by the City.
15. Monthly and Annual Reports
The Contractor will submit to the City monthly and annual reports. At a minimum, the
Contractor shall include the following information in these reports:
Total quantities of recyclable materials collected, by material type (in tons).
Net quantities of recyclable materials marketed, by material type (in tons).
Quantities stored, by type of material, with any notes as to unusual conditions (in
tons).
Quantity of process residual disposed of (in tons).
Recycling service fee (based upon the contracted price of one dollar and seventy
five cents ($1.75) per unit per month).
Log of all resident addresses where education tags were left because of non-
targeted materials set out for recycling.
Log of all complaints, including the nature of the complaints, to include the
following: names, addresses, and contact numbers of the complainants; the date
and time received; the Contractor’s response; and the date and time of the
response.
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Monthly reports shall be due to the City by the fifteenth (15) day of each month. Annual
reports shall be due by January 31 of each year. The Contractor will be encouraged to
include in its annual report recommendations for continuous improvement in the City’s
recycling program (e.g., public education, multiple family recycling, etc.).
16. Ownership of Recyclables
Ownership of the recyclables shall remain with the person placing them for collection until
Contractor’s personnel physically touches them for collection, at which time the ownership of
the recyclables shall transfer to the Contractor.
17. Scavenging Prohibited
All recyclable materials placed for collection shall be owned by and are the responsibility of
the occupants of residential properties until the Contractor handles them. Upon collection of
the designated recyclable materials by the Contractor, the recyclable materials become the
property and responsibility of the Contractor.
It is unlawful for any person other than the City’s recycling Contractor or owner’s independent
hauler to collect, remove, or dispose of designated recyclables after the materials have been
placed or deposited for collection in the recycling containers. The owner, owner’s
employees, owner’s independent hauler’s employees, or City’s recycling Contractor’s
employees may not collect or “scavenge” through recycling in any manner that interferes with
the contracted recycling services.
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18. Cleanup of Spillage or Blowing Litter
The Contractor shall clean up any material spilled or blown during the course of collection
and/or hauling operations. All collection vehicles shall be equipped with at least one broom
and one shovel for use in cleaning up material spillage. Designated recyclables shall be
transported in a covered vehicle so that the recyclables do not drop or blow onto any public
street or private property during transport.
19.Recyclable Materials Transported to Markets
Upon collection by the City’s recycling Contractor, the Contractor shall deliver the designated
recyclables to a recyclable material processing center, an end market for sale or reuse, or to
an intermediate collection center for later delivery to a processing center or end market. It is
unlawful for any person to transport for disposal or to dispose of designated recyclables in a
mixed municipal solid waste disposal facility. The Contractor shall not landfill, incinerate,
compost or make fuel pellets out of the recyclable materials.
20. Designated Primary Glass Market
The City and Contractor hereby agree that eCullet (St. Paul, MN) and Anchor Glass Corp.
(Shakopee, MN) will process and sort glass bottles and jars and shall remain the primary
market of choice for glass bottles and jars collected from the City’s recycling program. The
Contractor shall develop a proposed glass marketing contingency plan in writing for review,
comment and approval by the City. This contingency plan shall be based on recycling glass
into markets with the highest and best use of this commodity. The Contractor shall provide
an annual assessment of eCullet’s performance and the Anchor glass market as part of its
annual report to the City.
The Contractor shall provide as much notice as possible if the eCullet or Anchor Glass plant
closes, stops accepting recyclable glass cullet, or otherwise becomes economically
unfeasible as the primary glass market outlet. If eCullet or Anchor Glass are no longer a
viable primary market for glass, and if the Contractor must adjust its glass processing and/or
marketing operations, the Contractor must submit a proposed plan amendment to the City so
that glass continues to be recycled as glass with the highest and best use of this commodity
rather than being used for road aggregate, sandblast media, fiberglass or other alternative
uses.
21. Processing Facilities
The Contractor shall assure the City that adequate recyclable material processing capacity
will be provided for City material collected. The Contractor shall provide written notice to the
City at least sixty (60) days in advance of any substantial change in these or subsequent
plans for receiving and processing recyclables collected from the City.
22. Estimating Materials Composition as Collected
The Contractor shall conduct at least one materials composition analysis of the City’s
recyclables during October of each year to estimate the relative amount by weight of each
recyclable commodity by grade.The results of this analysis shall include: (1) percent by
weight of each recyclable commodity by grade as collected from the City; (2) relative change
compared to the previous year’s composition; (3) percent by weight of the Process Residuals
collected from the City; and (4) a description of the methodology used to calculate the
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composition, including number of samples, dates weighed, and City route(s) used for
sampling. The Contractor shall provide the City with a copy of the analysis for each year of
the contract.
23. Estimating Process Residuals
The Contractor shall provide the City a written description of the means to estimate process
residuals derived from the City’s recyclables. This written description shall be reviewed and
approved in writing by the City. This written description shall be updated by the Contractor
immediately after any significant changes to the processing facilities used by the Contractor.
The City may audit the records of the Contractor to verify that the agreed upon process is
being followed (see Section 56, Inspection of Records).
The quantities of Process Residuals must not exceed the agreed upon residual rate of six
percent (6%). This percentage must be reported to the City in the annual composition
analysis as described in Section 22. In addition, the Contractor must report to the City, on an
annual basis, the disposal location of Process Residuals.
24. Lack of Adequate Market Demand
In the event that the market for a particular recyclable ceases to exist, or becomes
economically depressed that it becomes economically unfeasible to continue the Collection,
processing and marketing of that particular recyclable, the City and the Contractor will both
agree in writing that it is no longer appropriate to collect such item before collection ceases.
The Contractor shall give the City as much notice as possible about the indications of such
market condition changes.
The City and Contractor shall agree on a date in a written Contract amendment to cease
Collection of the recyclable item in question. The Contractor shall at all times be under a duty
to minimize the quantity of recyclable materials disposed in a landfill, incinerator or other
facility receiving mixed municipal solid waste. If disposal of any recyclable commodity
becomes necessary, upon receiving written permission from the City, the Contractor shall
dispose of the recyclable materials at a facility specified in writing by the City or an alternative
agreed upon by the City and the Contractor. The City and the Contractor will negotiate a cost
for disposal as a substitute for a Processing fee for that material.
25. Vehicle Requirements
Vehicles shall be clearly signed on both sides as a recycling Collection vehicle. In addition,
all Collection vehicles used in performance of the Contract shall:
Be marked with the name and telephone number of the Contractor prominently
displayed on both sides of the truck. The lettering must be at least three (3) inches
in height.
Operate within the weight allowed by Minnesota Statures and local ordinances;
Be duly licensed and inspected by the State of Minnesota;
Have a maximum loaded weight not to exceed 40,000 pounds;
Have a two (2) way communication device;
Have a first aid kit;
Have an approved fire extinguisher;
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Have warning flashers;
Have a broom and shovel for cleaning up spills;
Have warning alarms to indicate movement in reverse;
Have a sign on rear of vehicle which states “This vehicle makes frequent stops”;
All of the required equipment must be in proper working order.
All vehicles must be maintained in proper working order and be as clean and free
of offensive odors as possible.
26. Personnel Requirements
Contractor shall retain sufficient personnel and equipment to fulfill the requirements and
specifications of this Agreement. Contractor’s personnel shall be trained both in program
operations and in customer service, and insure that all personnel maintain a positive attitude
with the public and in the work place, and shall:
Conduct themselves at all times in a courteous manner and use no abusive or foul
language.
Make a concerted effort to have at all times a presentable appearance and attitude.
Wear a uniform and employee identification badge or name tag.
Drive in a safe and considerate manner.
Manage curbside recycling bins and multiple family containers in a careful manner
so as to avoid spillage and littering, or damage to the bin or container. Containers
should not be thrown once emptied.
Monitor for any spillage and be responsible for cleaning up any litter or breakage.
Avoid damage to property.
Not perform their duties or operate vehicles while consuming alcohol or illegally
using controlled substances or while under the influence of alcohol and/or such
substances.
27. Licenses and Permits
The Contractor shall ensure that all driver and truck licenses and permits are current and in
full compliance with local, state and federal laws and regulations. Any processing facility used
to handle material from the City of Maplewood must have current permits and licenses as
required by the appropriate city, county, state and federal laws and ordinances. Contractor
shall make available for inspection all such licenses and permits upon request by the City.
Contractor must have a Collection license issued by the City per City Code Section 30-41.
28. Performance Monitoring
The City will monitor the performance of the Contractor against goals and performance
standards required within this Agreement. The City reserves the right to inspect Contractor
facilities or vehicles at any time during normal business hours for compliance with the
language of the Agreement, and the performance measures and goals contained herein.
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Substandard performance as determined by the City in its sole discretion will constitute non-
compliance. If action to correct such substandard performance is not taken by the Contractor
within sixty (60) days after being notified by the City, the City will initiate contract termination
procedures.
29. Liquidated Damages
The Contractor shall agree, in addition to any other remedies available to the City, that the
City may withhold payment from the Contractor in the amounts specified below as liquidated
damages for failure of the Contractor fulfilling its obligations:
1. Failure to respond to legitimate service complaints within twenty four (24) hours in
a reasonable and professional manner – fifty dollars ($50) per incident.
2. Failure to collect properly notified missed collections – two hundred and fifty dollars
($250) per incident.
3. Failure to provide monthly and annual reports – one hundred dollars ($100) per
incident.
4. Failure to complete the collections within the specified timeframes without proper
notice to the city – one hundred dollars ($100) per incident.
5. Failure to clean up from spills during collection operations – two hundred fifty
dollars ($250) per incident.
6. Failure to report on changes in location of recyclable processing operations – two
hundred fifty dollars ($250) per incident.
7. Failure to provide written description of the means to estimate relative amount of
process residuals derived from the City’s recyclables – one thousand dollars
($1000) per incident.
8. Exceeding the maximum process residual rate of six percent (6%) – one thousand
dollars ($1,000) per incident.
9. Making changes to the Collection and Processing systems prior to receiving City
approval to implement any such change – five thousand dollars ($5,000) per
incident.
10. Failure to conduct and report results of the annual composition analysis – one
thousand dollars ($1000) per incident.
These amounts will be for liquidated damages for losses suffered by the City and not
penalties. Three (3) or more such incidents in a six (6) month period shall constitute grounds
for termination of Agreement and not subject to cure.
CURBSIDE COLLECTION REQUIREMENTS
The following collection requirements are for curbside recycling services only (single family
dwellings and buildings with up to four units), and do not pertain to multiple family household
type of collection services.
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30. Weekly Collection
The Contractor shall collect curbside recycling materials weekly from the authorized curbside
recycling bins, as hereinbefore defined, and provided by the City. No other different or
unapproved receptacles shall be used in performance of this Agreement unless negotiated by
the City and Contractor in writing. Violation of this provision shall be grounds for termination
of the Agreement. Recyclables shall be collected on the same days corresponding to City
trash collection days whenever possible (with the exception of curbside collection on
Saturdays within agreed-upon “holiday weeks”).
31. Point of Collection
All curbside collection service will occur at the curbside, with the exception of elderly
residents or those with short or long-term physical limitations who require house-side
collection service.
32. Curbside Collection Schedule Deadline
If the Contractor determines that the collection of recyclables will not be completed by 7:00
p.m. on the scheduled collection day, the Contractor shall notify the City by 4:30 p.m. that
same day and request an extension of the collection hours. The Contractor shall inform the
City of the areas not completed, the reason for non-completion and the expected time of
completion. If the City’s designated contact person cannot be reached, the Contractor will
request the City Manager.
33. Procedure for Handling Non-Targeted Materials
If 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 required monthly report.
If this procedure for handling non-targeted materials is not feasible for automated or semi-
automated Collection systems, the Contractor must specify and demonstrate alternative
public education methods to the City for its approval so that the quality of recyclable materials
set out by City residents will be maintained.
34. Public Education Information for Single Family Residents
The Contractor shall be responsible for the following:
1. Annual distribution of the Contractor’s recycling public education flyer as described
in Section 1.3 and Section 13.
2. Distribution of resident education tags to be left by curbside Collection crews if any
non-targeted material is reflected and left at the curb.
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MULTIPLE FAMILY COLLECTION REQUIREMENTS
The following collection requirements are for multiple family recycling services only and do
not pertain to curbside collection services.
35. MFD Building Owners May Elect to Subscribe to City’s Recycling
Service
MFD building owners are be able to use the City’s recycling Contractor to provide recycling
services. Alternatively, MFD building owners may independently contract with another
licensed recycling contractor to provide the recycling services at the owner’s expense.
36. Multiple Family Collection Stations
Multiple family recycling stations will be specified with agreement of the MFD building owner
on a case-by-case basis. MFD recycling stations will likely be a cluster of recycling bins,
carts and/or recycling dumpsters (e.g., for old corrugated cardboard). The number and
location of MFD recycling stations shall be adequate to be reasonably convenient and
accessible to all MFD residents.
36.1 Multiple Family Container Location(s)
Multiple family recycling containers shall be placed in a location(s) on the MFD premises
which permits access for collection purposes but which does not obstruct pedestrian or
vehicular traffic. Recycling containers must also comply with the City’s zoning and other
ordinances.
37. Multiple Family Service Standards
At a minimum, multiple family collection services shall be available on the premises and shall
be provided on a regularly scheduled weekly basis, or as the City and Contractor agree is
adequate. The Collection schedule and recycling containers’ capacity shall provide for
regular removal of the recyclables such that there is adequate storage capacity available in
the recyclable containers to avoid overflowing containers.
38. Multiple Family Recycling Container Requirements
The recycling containers for buildings of eleven (11) units or more shall be:
1. Sufficient in number and size to meet the demands for recycling services created
by the occupants.
2. Equipped with hinged lids.
3. Equipped with standardized labels approved by the City, attached to the lid and the
front of the carts, and which identify the type of recyclable material to be deposited
in each container. Recycling containers shall be colored differently from other
containers for mixed solid waste or trash.
4. Maintained in proper operating condition and reasonably clean and sanitary.
5. Repaired or replaced on a reasonable schedule if broken due to regular wear and
tear.
6. Provided at no cost to the City or residents.
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7. Receptacles shall be of a sort approved by City staff for use prior to entering
service.
39. Responsibility for Providing and Maintaining Multiple Family
Recycling Containers
If the MFD building owner uses the City’s Contractor, adequate multiple family recycling
containers shall be provided and maintained by the City’s Contractor.
40. Public Education Information for Tenants with Multiple Family
Recycling Service
At least once per year, the City’s recycling Contractor shall supply the multiple family building
owner with the sufficient number of recycling fact sheets with instructions for the tenants in
their building(s). The information should specifically address multiple family recycling service,
and should not be the same educational material distributed to single-family residents.
41. Other Public Education Tools to Residents with Multiple Family
Recycling Service
The Contractor shall provide other public education tools (e.g., educational material in
languages other than English such as Spanish, Hmong, Somali, etc.) that the Contractor will
provide, in cooperation and coordination with multiple family building owners, as part of the
annual work plan. The City will work with the Contractor regarding the quantities needed and
the locations for distribution.
42. Annual Report to MFD Building Owners
The City’s Contractor shall provide an annual report by January 31 of each year to the
multiple family building owners served by the City’s Contractor. A copy of each report to the
multiple family building owners shall also be submitted to the City. The report shall contain,
at a minimum, the following information:
1. Name of owner, building manager and contact information (mailing address,
telephone numbers, email, etc.)
2. Street address of each multiple family building served.
3. Number of dwelling units for each multiple family building.
4. Description of collection services made available to occupants, including number of
multiple family recycling stations, number of multiple family recycling containers,
location of stations (or curbside service provided for multiple-family buildings under
eleven (11) units) and dates of collection.
5. Description of public education tools used to inform occupants of availability of
services.
6. Tonnage quantities for each type of material recycled.
7. Recommendations for future improvements to increase recovery rates (e.g.,
specific public education tools).
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43. Municipal Facilities Collection Requirements
The Contractor shall provide, at no charge, recycling containers and collection services once
per week at the following City buildings:
1.City Hall - 1830 County Road B East
2. Public Works Building - 1902 County Road B East
3. Park & Recreation Maintenance Building - 1810 County Road B East
4. Fire Station One - 1177 Century Avenue North
5. Fire Station Two - 1955 Clarence Street
6. Maplewood Community Center - 2100 White Bear Avenue
7. Staging Areas for Public Space Recyclables (beginning in March 2010). Staging
areas to be determined by City.
INSURANCE AND OTHER LEGAL REQUIREMENTS
44. Insurance
Insurance secured by the Contractor shall be issued by insurance companies acceptable to
the City and admitted in Minnesota. The insurance specified may be in a policy or policies of
insurance, primary or excess.Such insurance shall be in force on the date of execution of
the contract and shall remain continuously in force for the duration of the contract. The
Contractor shall have the City of Maplewood named as an additional insured on each
insurance policy specified below, unless the Contractor submits in writing this is not feasible
for a specific insurance policy. The Contractor shall then provide certificates of insurance to
the City by approximately December 15 of each year. The Contractor and its sub-contractors
shall secure and maintain the following insurance:
44.1Workers Compensation Insurance
Workers compensation insurance shall meet the statutory obligations with Coverage B -
employer’s liability limits of at least $100,000 each accident, $500,000 disease - policy limit
and $100,000 disease each employee.
44.2Commercial 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 for any one person. The policy shall be on an
"occurrence" basis, shall include contractual liability coverage and the City shall be named an
additional insured.
This insurance includes up to $10,000 in additional coverage for expenses incurred to extract
pollutants from land or water at the "premises" if the discharge, dispersal, seepage, migration,
release, escape or emission of the pollutants is caused by or results from a covered cause,
including any deliberate, willful and negligent conduct on the part of Contractor or their
laborers, employees or assigns.
20
44.3Commercial Automobile Liability Insurance
Commercial automobile liability insurance covering all the Contractor’s owned, non-owned
and hired automobiles with limits of at least $1,000,000 per accident. This insurance includes
a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its
operation.
44.4Environmental Liability Insurance
The Contractor agrees that they shall obtain and maintain environmental liability insurance in
compliance with local, state and federal regulations for all matters related to in this recycling
services agreement. The Contractor shall add the City as an additional insured under said
insurance policy(s). The policy coverage shall include environmental impairment liability.
The Contractor shall provide the City with appropriate documentation of said environmental
liability insurance for verification upon written request from the City.The Contractor further
indemnifies the City, its employees, agents and licensees from all liability related to
hazardous contamination/pollution resulting from the acts of the Contractor, its employees or
agents.
45. Transfer of Interest
The Contractor shall not assign any interest in the contract, and shall not transfer any interest
in the contract, either by assignment or notation, without the prior written approval of the City.
The Contractor shall not subcontract any services under this contract without prior written
approval of the City. Failure to obtain such written approval by the City prior to any such
assignment or subcontract shall be grounds for immediate contract termination.
46. Non-Assignment and Bankruptcy
The parties hereby agree that the Contractor shall have no right to assign or transfer its rights
and obligations under said Agreement without written approval from the City. In the event the
City or its successors or assigns files for bankruptcy as provided by federal law, this
Agreement shall be immediately deemed null and void relieving all parties of their contract
rights and obligations.
47. Dispute Resolution and Arbitration Procedures
The parties agree that any controversy or claim arising out of or relating to this Agreement or
the breach thereof, shall be settled, at the option of the Contractor, by arbitration in
accordance with the Rules of the American Association of Arbitration and judgment upon the
award by the arbitrator(s) may be entered in any court with jurisdiction thereof.
48. Performance Bond
This contract specifies requirements for a performance bond in the case of the Contractor’s
failure to perform contracted services. The performance bond shall be for a minimum of
$300,000. The responsibility for renewal is the responsibility of the Contractor.
49. General Compliance
The Contractor agrees to comply with all applicable local, state and federal laws and
regulations governing funds provided under this Agreement.
21
The Contractor pays its employees a living wage based on the recycling industry in the State
of Minnesota and Washington County. The Contractor does not use temporary labor
arrangements to avoid paying a living wage. Additionally, the contractor provides health
insurance for all full time employees and a pro rata share for employees working more than
twenty (20) hours but less than forty (40) hours a week.
50. Independent Contractor
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as
creating or establishing the relationship of employer/employee between the parties. The
Contractor shall at all times remain an independent Contractor with respect to the services to
be performed under this Contract. Any and all employees of Contractor or other persons
engaged in the performance of any work or services required by Contractor under this
Contract shall be considered employees or subcontractors of the Contractor only and not of
the City; and any and all claims that might arise, including worker's compensation claims
under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf
of said employees or other persons while so engaged in any of the work or services provided
to be rendered herein, shall be the sole obligation and responsibility of the Contractor.
51. Hold Harmless
The Contractor agrees to defend, indemnify and hold harmless the City, its officers and
employees, from any liabilities, claims, damages, costs, judgments, and expenses, including
attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its
employees, its agents, or employees of subcontractors, in the performance of the services
provided by this contract, any resulting environmental liability that is a result of this
Agreement or by reason of the failure of the Contractor to fully perform, in any respect, any
of its obligations under this Agreement. If a Contractor is a self-insured agency of the State
of Minnesota, the terms and conditions of Minnesota Statute 3.732 et seq. shall apply with
respect to liability bonding, insurance and liability limits. The provisions of Minnesota
Statutes Chapter 466 shall apply to other political subdivisions of the State of Minnesota.
52. Accounting Standards
The Contractor agrees to maintain the necessary source documentation and enforce
sufficient internal controls as dictated by generally accepted accounting practices to properly
account for expenses incurred under this contract.
53. Retention of Records
The Contractor shall retain all records pertinent to expenditures incurred under this contract
for a period of six (6) years after the resolution of all audit findings. Records for non-
expendable property acquired with funds under this contract shall be retained for six (6) years
after final disposition of such property.
54. Data Practices
The Contractor agrees to comply with the Minnesota Government Data Practices Act and all
other applicable state and federal laws relating to data privacy or confidentiality. The
Contractor must immediately report to the City any requests from third parties for information
relating to this Agreement. The City agrees to promptly respond to inquiries from the
Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and
22
employees harmless from any claims resulting from the Contractor’s unlawful disclosure or
use of data protected under state and federal laws.
All proposals shall be treated as non-public information until the proposals are opened for
review by the City. At that time the proposals and their contents become public data under
the provisions of the Minnesota Government Data Practices Act, Minn. Stat. C. 13.
55. Inspection of Records
All Contractor records with respect to any matters covered by this Agreement shall be made
available to the City or its designees at any time during normal business hours, as often as
the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant
data.
56. Applicable Law
The laws of the State of Minnesota shall govern all interpretations of this Agreement, and the
appropriate venue and jurisdiction for any litigation which may arise hereunder will be in
those courts located within the County of Ramsey, State of Minnesota, regardless of the
place of business, residence or incorporation of the Contractor.
57. Contract Termination
The City may cancel the Contract if the Contractor fails to fulfill its obligations under the
Contract in a proper and timely manner, or otherwise violates the terms of the Agreement if
the default has not been cured after sixty (60) days written notice has been provided. The
City shall pay Contractor all compensation earned prior to the date of termination minus any
damages and costs incurred by the City as a result of the breach.If the Agreement is
canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps,
models, photographs, reports or other materials prepared by the Contractor under this
Agreement shall, at the option of the City, become the property of the City, and the
Contractor shall be entitled to receive just and equitable compensation for any satisfactory
work completed on such documents or materials prior to the termination.
58. Employee Working Conditions and Contractor’s Safety Procedures
The Contractor will ensure adequate working conditions and safety procedures are in place to
comply with all applicable local, state and federal laws and regulations. The City reserves
the right to inspect on a random basis all trucks, equipment, facilities, working conditions,
training manuals, records of claims for worker's compensation or safety violations and
standard operating procedures documents.
59. Agreement Amendments
Any amendments to this Agreement shall be valid only when reduced to writing, and duly
signed by the parties.
23
IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written.
Tennis Sanitation, LLC City of Maplewood:
By_______________________ By_________________________
Chief Executive Officer City Manager
By_______________________ By________________________
Chief Operating Officer Mayor
APPROVED TO FORM
By__________________________
City Attorney
24
Agenda Item I2
AGENDA REPORT
TO
: City Manager, Jim Antonen
FROM:
H. Alan Kantrud, City Attorney
SUBJECT:Domestic Partnership Ordinance – Second Reading
DATE:October 26, 2010
INTRODUCTION
The City Council considered first reading of the attached Ordinance regarding domestic partnerships
for the City of Maplewood. Staff was directed to modify the language slightly and present again for
second reading.
DISCUSSION
The Domestic Partnership Ordinance before you has not changed substantially from first reading.
The section regarding fees has been modified to reflect that the City Council shall set fees by
Resolution and thereafter from time to time and the section declaring the fees has consequently been
deleted.
RECOMMENDATION
Staff recommends that the Council review the attached Ordinance as presented here and consider
second reading/passage of the same.
Attachments:
1.Draft Domestic Partnership Ordinance (second reading)
ORDINANCE NO. 2010-
AN ORDINANCE AMENDING THE MAPLEWOODCITY CODE
CONCERNING DOMESTIC PARTNERS
THE CITY OF MAPLEWOODORDAINS:
Section 1.
Chapter x of the Maplewood City Code is amended by adding Section ___
to provide as follows:
xx.01 Purpose.
The City of Maplewood authorizes and establishes a voluntary program of registration of
domestic partners. The domestic partnership registry is a means by which unmarried,
committed couples who reside or work in Maplewood and who share a life and home
together may document their relationship.
Maplewood’s Domestic Partnership Ordinance is a City Ordinance and does not create
rights, privileges, or responsibilities that are available to married couplesunder state or
federal law.
DISCLAIMER: The City of Maplewood cannot provide legal advice concerning domestic
partnerships. Applicants and registrants may wish to consult with an attorney for such
advice including but not limited to: wills, medical matters, finances and powers of
attorney (including durable powers of attorney and health care directives), children and
dependents, medical, health care and employment benefits.
xx.02 Definitions.
The following words and phrases used in this Ordinance have the meanings given in this
Section.
Domestic Partners.
Any two adults who meet all the following:
1. Are not related by blood closer than permitted under marriage laws of the
state.
2. Are not married.
3. Are competent to enter into a contract.
4. Are jointly responsible to each other for the necessities of life.
5. Are committed to one another to the same extent as married persons are to
each other.
6. Do not have any other domestic partner(s).
7. Are both at least 18 years of age.
8. At least one of whom resides in Maplewood or is employed in Maplewood.
Domestic Partnership.
The term “domestic partnership” shall include, upon
production of valid, government-issued documentation, in addition to domestic
partnerships registered with the City of Maplewood, and regardless of whether
partnersin either circumstancehave sought further registration with the City of
Maplewood:
A. Any persons who have a currently-registered domestic partnership with a
governmental body pursuant to state, local or other law authorizing such registration.
The term domestic partnership shall be construed liberally to include unions,
regardless of title, in which two individuals are committed to one another and wish to
have their relationship memorialized.
B. Marriages that would be legally recognized as a contract of lawful marriage in
another local, state or foreign jurisdiction, but for the operation of Minnesota law,
e.g., same-sex marriages in States that recognize and/or authorize them by law.
xx.03 Registration of Domestic Partnerships.
A. The City Clerk shall accept an application in a form provided by the City to register
domestic partners who state in such application that they meet the definition of domestic
partners.
B. The City Clerk shall charge an application fee for the registration of domestic partners
and shall charge a fee for providing certified copies of registrations, amendments, or
notices of termination. The fees required by this Section shall be established by the City
Council by Resolution and reviewed from time to time as required.
C. Upon payment of the application fee and receipt of the application, the City Clerk
shallcheck the same for completeness and provide each domestic partner with a
registration certificate. The registration certificate shall not be issued prior to the third
working day after the date of the application.
D. This application and certificate may be used as evidence of the existence of a
domestic partner relationship.
E. The City Clerk shall keep a record of all registrations of domestic partnership,
amendments to registrations and notices of termination. The records shall be maintained
so that amendments and notices of termination are filed with the registration of domestic
partnership to which they pertain.
F. The application and amendments thereto, the registration certificate, and termination
notices shall constitute government data and will be subject to disclosure pursuant to the
terms of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
xx.04 Amendments
.
The City Clerk may accept amendments for filing from persons who have domestic
partnership registrations on file, except amendments attempting to replace one of the
registered partners with another individual.
xx.05 Termination of Domestic Partnership.
Domestic partnership registration terminates when the earliest of the following occurs:
1.One of the partners dies; or
2.Forty-five days after one partner: a) sends the other partner written notice, on a
form provided by the City, that they areterminating the partnership; and b) files the
notice of termination and an affidavit of service of the notice on the other partner with
the City Clerk.
Section 2.
Chapter xx of the Maplewood City Code is amended by adding Section xx
to provide as follows:
xx.01 Homestead designation.
Eligibility for the designation of property as a
homestead, the application process and the verification process are set forth in State
Statutes. In administering the state homestead statutes the City will not impose any
additional requirements on domestic partners.
xx.02 Fees
. If the City offers a “family fee,” family membership or family registration
rate for memberships, tickets or other offerings, domestic partners are entitled to the same
family fee, family membership or familyregistration.
Section 3.
Section xx of the Maplewood Personnel Policies is amended to provide as
follows:
Purpose.
Subd. 3 Sick leave with pay may be granted to employees entitled
thereto when the employee is unable to perform scheduled work duties due to
illness/disability, the necessity for medical, dental or chiropractic care, childbirth
or pregnancy disability, exposure to contagious disease where such exposure may
endanger the health of others with whom the employee would come in contact in
the course of performing work duties. Sick leave with pay may also be granted for
a variety of other family and medical circumstances. The amount and conditions
under which sick leave with pay may be used for such circumstances is provided
in the family and medical leave policy adopted pursuant to Subsection xxx of this
Code. Sick leave with pay may be granted for a maximum of five scheduled work
days in the event of the death of an employee's spouse,domestic partner, father,
mother or child, spouse's father, mother or child; or domestic partner’s father,
mother or child and a maximum of three days in the event of the death of an
employee's grandparent, grandchild, brother or sister.
Section 4.
This ordinance is effective upon passage and publication.
Agenda Item J1
AGENDA REPORT
TO
: James Antonen, City Manager
FROM:
Charles Ahl, Assistant City Manager
SUBJECT:Financing Plan and Exclusive Contract for Solar Panel Installation at
Maplewood Community Center
DATE:November 3, 2010
INTRODUCTION
At your request, the staff has investigated the feasibility of entering into a unique financing
arrangement for the installation of a solar panel array at the Maplewood Community Center. This is a
very unique and complex arrangement. The interest group that has been meeting with staff will be
available at the Council Meeting to present and explain the specifics of this proposal.
Summary of Proposal and Financing Plan
The City Manager executed an agreement with Michael Krause and Bob Long of Bob Long and
Associates, as well as Bill Richmond of Parsons Electric to explore the possibility of qualifying for a
Department of Energy grant for solar panels at the Maplewood Community Center. The agreement
involved no outlay of City expenditures, but, provided that if the grant application was successful that
the City would reimburse Mr. Krause $5,000 for his efforts. In addition, the proposal would provide for
Parsons Electric to enter into an exclusive arrangement for the financing plan and installation of the
solar panel array.
The grant has been offered to the City in the amount of $100,000. The total estimated project cost
has been indentified to staff by the proposing group in the range of $385,000. As best that staff has
been able to determine the following is the financing plan for the proposal:
State Energy Grant $100,000
Xcel Energy Rebate -$36,000 per year for 5 years $180,000
Federal Investment Tax Credit through Lease Purchase$105,000
TOTAL PROJECT FINANCING $385,000
As noted, the granthas been offered to the City. That means that if we accept the matching terms, we
can get in line for funds as they become available. The matching funds are the critical item in meeting
those terms. The Xcel Energy rebate can be applied for, but is notsecured at this point. Approval
from the Council to apply for that rebate is required. Again, it appears that funds are available,
although those funds become available from Xcel Energy in a set amount each year, and qualifying for
those funds are necessary.
The final component of the plan provides for entering into a 5-year Performance Contract with Parsons
Electric. This is necessary to qualify for the federal investment tax credit. Obviously, the City is a tax
exempt agency, so we do not qualify for this credit. The private company would apply for the tax credit
and use that credit during the five-year period to offset the negative amounts of the project cost. At
the end of the five-year period, the solar panels would be transferredto Maplewood and the energy
savings, estimated by Parsons at up to $18,000 per year, would become available to the City. The
Performance Contract does not provide for competitive bidding.
MCC SOLAR PANEL INSTALLATION
PAGE TWO
Analysis
The staff has analyzed this proposal and is not opposed. There are a number of questions with the
financing plan, the UL approval rating of the equipment, as well as the impact on the roof structure at
MCC that need to be explored prior to the program being recommended at the staff level. We are
unable to ascertain those answers at this time, unless the City Council approves proceeding with the
project and entering into an agreement with the proposal group. As noted previously, that group will
be present at the City Council meeting to further explain this process and the specifics of their
proposal. The group has provided answers to the legality of the contracting and financing plan that
need to be explored with the City Attorney and City Finance Manager. The final approvals forthe solar
installation have not received UL approval at this point, although we have been assured that has been
received. The City Building Officials and maintenance personnel are meeting with the proposers to
resolve this issue. No specifics on the impact to the roof structure and long-term maintenance impacts
have been explored, but information is forthcoming.
At this point, the installation of a solar panel at MCC would be a great initiative to explore. The
financial benefits of this proposal, if it can be successfully implemented, would be a great initiative to
begin addressing financing problems at MCC. There does not appear to be any major financial
outlays for the City in the immediate concerns with this proposal, although details remain to be
explored. The amount of unknown is the risk that has provided staff a “not opposed” component to
their recommendation to proceed. There certainly appear to be benefits. Council review of the risks
and a determination of the Council’s willingness to enterinto this arrangement are the reason that this
item is on the agenda.
Recommended Action
If theCity Council determines that they wish to enter into this proposal and accept the grant that has
been offered, they should move to authorize the Mayor and City Manager to enter into an exclusive
Performance Contract with Parsons Electric for a solar panel application at the Maplewood Community
Center.
Attachments
1.Letter from Parsons Electric
2.Project Cash Flow Analysis
3.Grant Proposal
4.Letter of Intent
M
INNEAPOLIS
SP
AINT AUL
P
HOENIX
November 2, 2010
City of Maplewood
1830 County Road B
Maplewood, MN 55109
Re: Community Center Solar Application
Attn: Chuck Alt
Dear Mr. Alt,
Parsons Electric would like to propose the following options to finance and maximize the solar OES grant
awarded to the City of Maplewood. We have attached a pro forma showing the financial layout of how the solar
project would be financed. I would like to spell out the details of the plan for this unique solar experience.
Parsons would be contracted to the City of Maplewood under a performance contract and would be the
developer of the solar project. Parsons would offer a solar lease payment of $2000.00 per year (1-5) to lease the roof
space from the City. Parsons being developer/owner would maintain the system for the first five years, and the city
would get the power produced from the system to offset the power consumed at the Community Center for the five-
year duration of ownership. At the end of the fifth year Parsons Electric would turn the system over to the City of
Maplewood to benefit from energy production for the next 20-25 years of the systems remaining life.
Another option to consider may be to add another system on the Maplewood maintenance garage where we
could supply a system of close to the same size as the Community Center and the city would donate the cost of the
roof space to Parsons. Parsons could create the same process and take advantage of the rebates/credits available and
the grant that was provided by the OES.
Either option is available to the City and could be utilized by the City. Please let me know if you have any
further questions.
Sincerely,
Bill Richmond
Senior Energy Analyst | Business Development | Solar Energy
July 29, 2010
City of Maplewood
1830 County Road B
Maplewood, MN 55109
Attn: Larry Farr
Re:
Addition of a 39.8KW tenKsolar system for roof of Maplewood Community Center
Dear Mr. Farr,
Parsons Electric would like to thank you for the opportunity to provide you with our proposal
to supply and install a 39.8kW roof mounted PV solar at City of Maplewood Community
Center 1830 County Road B, Maplewood, MN 55109. We believe that our photovoltaic
experience is a unique approach to a solar solution.
BS
ASE COPE
Parsons will provide a self ballasted roof mounted solar array located above 1830 County
Road B, Maplewood, MN 55109. This system will be furnished with (20) PV modules of 140
watts and (180) PV modules of 205 watts. This will provide a combined DC power of 39.8kW
and when Inverter will create approximately 51,740 KWH of power annually.
The above scope also includes the following:
1.(20) tenKsolar RAIS modules rated at 140W.
2.(180) tenKsolar RAIS modules rated at 205W.
3.64’ X 70’ of self ballasted tenKsolar racking.
4.All AC and DC disconnect, conduit, and wire to complete PV system.
5.PV system design.
CMCC
ITY OF APLEWOOD OMMUNITY ENTER
M,MN
APLEWOOD
6.As-builts and O&M manuals included.
/E
C
LARIFICATIONS XCLUSIONS
1.Lead time on material is 8-10 weeks after purchase order.
2.No taxes are included.
3.tenKsolar modules come with a (25) year limited warranty.
4.All electrical installation comes with a (1) year limited warranty.
A
LTERNATIVES
1)(3) Three year extended service contract after initial (1) one year warranty period.
I
NVESTMENTS
1)Base Scope
Total$264,602.00
2)(3) Three Year Extended Service Contact (years 2-4)
Total $11,550.00
Sincerely,
Bill Richmond
Senior Energy Analyst/Project Manager
Cc: Paul Kelly (ecs)
File
J29,2010
ULY
P22
AGE OF
James Antonenjim.antonen@ci.maplewood.mn.us651-249-2050
Grant Narrative
City of Maplewood
General Proposal
The City of Maplewood is seeking a state grant for installation of a 39.8 kilowatt solar electric system
manufactured by tenKsolar, a Minnesota-based manufacturer, on its Community Center facility at 2100
White Bear Avenue in Maplewood. The project will be completed using several incentives from the
City’s utility provider, Xcel Energy, including $90,000 as part of the Xcel Solar Rewards program and
$68,761 in rebates for the use of Minnesota manufactured solar system components. These utility
incentives will supplement the state grant and allow the project to utilize other sources of non-federal
funding. The balance of the system cost will be financed as part of a third-party leasing arrangement
that will further minimize out-of-pocket costs to the City.
The solar electric system will utilize standard inverters rather than inverters from Silent Power, a
Minnesota-based manufacturer of solar power inverters and energy storage systems. The standard
inverters have been included due to the need for complicated meter changes that would be otherwise be
required for a demand load customer such as the City. Financial estimates concluded that the present
costs of the meter changes would exceed the benefits of installing inverters that might facilitate the
addition of energy storage in the future.
The Total Project Cost (TPC) for the solar electric system is estimated to be $269,602 and the City is
requesting the maximum state grant amount of $100,000 since 40 percent of the TPC exceeds this
maximum allowable grant for solar electric systems below 100 kilowatts. The project cost includes
$38,675 in direct labor at prevailing wages, materials and permit costs and 40 hours of project
management time through completion of the grant-funded activities.
The system is estimated to produce an average of 54,380 kilowatt-hours of electrical power annually
over the first 10 years, with an average annual estimated cost savings to the City of $4,682.50. Based on
the inclusion of several grants and credits, the project pro forma calculates a positive internal rate of
return to the owner beginning in Year 6 of operation. Including the use of utility rebates and the state
grant, the remaining cost to the City will have a simple payback period of 2.3 years.
Reliability and Cost-Effectiveness
The City of Maplewood is home to several major national and regional institutions, including the
corporate headquarters and Innovation Center at 3M Companies, St. John’s Hospital and the Maplewood
Mall. The interest of these institutions in energy issues offers an opportunity for the City to expand
upon its own energy conservation and renewable energy efforts and support state policy goals to
promote the development of the renewable energy industry and the creation of related green energy jobs
in Minnesota. Maplewood is proposing to use the high output, self-ballasted photovoltaic panels
manufactured by tenKsolar at its facility at 9549 Penn Avenue South in Bloomington. The system is an
ideal adaptation for the flat roof of the Community Center structure, in part because it requires no
additional racking or hardware for its installation. A structural engineer will be required to sign-off on
the weight-bearing loads added to the roof structure by the solar electrical system.
The tenKsolar system uses an innovative v-shaped system with reflectors that allows it to accept
imperfectly reflected light and tolerate shading or partial snow coverage without breaking the entire
string of an individual panel or a row panels. Based on information from the manufacturer, this
maximizes energy produced from the panels to an estimated 12.3 kilowatt-hours of annual output per
square foot of panel, or an overall efficiency level of 23.5 percent that compares to an average output for
most other solar panels of just 7.6 kilowatt-hours per square foot.
The tenKsolar system uses more of the available light with a built-in power point tracking system and
optimized solar cell design that increases total production. The system grounding is integrated into the
support structure to simplify installation and includes an integrated charge controller in each module to
enable compatibility with energy storage.
Integrated circuitry and internal low-voltage operation eliminates lethal shock hazards for maintenance
personnel or emergency responders. Its continuous structural design requires no roof penetrations, helps
to keep roofs cool, and has been successfully tested at wind speeds up to 120 miles an hour. Individual
modules can be easily replaced, simplifying the inventory of replacement parts and field replacement
procedures.
The UL listing for the tenKsolar RAIS panel has not yet been issued. However, the panel has received
IES certification for use in Europe and all but one UL test of the tenKsolar system is complete. The
final test for UL certification is anticipated the week of August 9 and shortly thereafter the system will
then be certified for use in North America, Europe and most of Asia. In the event UL certification has
not been received by December 31, 2010, the City will reconfigure its system using another solar panel
and proceed with the installation.
A total of 200 tenKsolar panels of 20 each in 10 rows will be installed on the Community Center roof.
The first row will include panels measuring a total area of 12.54 square feet per panel, and the total area
of the remaining rows of panels will be 21.42 square feet per panel. Based on preliminary specifications
from tenK on output per square foot, the total annual output from the system will be 54,380 kilowatt-
hours on average over the first 10 years of operation.
Integration with Conservation and Energy Efficiency
The City of Maplewood has an extensive history of undertaking energy efficiency and conservation
measures in its municipal buildings, dating back at least to 1994. Specifically in the Community Center,
the City has installed four, 65-ton compressors for cooling with an efficient glycol-based coolant system,
four gas-fired boilers for heating, and two gas-fired water heaters.
In addition, the City replaced lighting fixtures in the building with T-8 fixtures in 1994 and conducted an
updated lighting analysis and fixture upgrade in 2006. The City has had an integrated energy
management system in place since 1994 and the energy management system was upgraded to a Summit
system in 2003. Beginning in 2005, the City has followed a program of preventive maintenance as part
of a five-step building analysis and recommissioning program that has been implemented City-wide.
Also beginning in 2005, the City has instituted a policy of Energy Star or higher efficiency ratings on all
equipment replacements or retrofits.
In other City facilities, including the City Hall, Police Station and Public Works building, similar efforts
have been undertaken using radiant floor heating systems, replacement with more efficient HVAC units
and water heaters, installation of T-8 lighting fixtures, implementation of the Summit Energy
Management System, and completion of an energy assessment by Xcel Energy.
The various energy efficiency measures undertaken by the City have been funded with rebates from the
City’s retail utility provider, Xcel Energy, and more recently by $163,000 in federal ARRA funding that
the City received as an entitlement city under the federal funding formula. Energy efficiency
improvements funded by these federal stimulus dollars are currently underway, including a portion of
that federal funding which is being used to support the installation of a 3.7 kilowatt solar electric system
on the Nature Center building in Maplewood. In order to qualify for the utility rebate programs, the City
will enter into a retail metering agreement with Xcel Energy for excess output from the 39.8 kilowatts of
solar electric it is installing on the Community Center roof.
Maximization of Energy Efficiency Improvements
The City is interested in coordinating future possible renewable energy applications at the 3M corporate
offices, St. John’s Hospital and the Maplewood Mall utilizing the recently approved Property Assessed
Clean Energy (PACE) program. Implementation of a major solar electric installation at the Community
Center will expand the City’s understanding and experience with renewable energy applications and will
be informative for future efforts.
As noted, the City has methodically conducted energy efficiency and conservation programs for more
than 45 years to reduce the energy demand in its buildings. It is now ready to take the next steps and
begin implementing on-site renewable energy development to meet some of its electrical power
demands from renewable sources. In the future, the City may also look at advanced systems of energy
storage integrated with its renewable generation. The ability to provide backup power for critical City
functions in the event of an emergency, shift power supplies from the rooftop solar electric system into
the evening hours, or shave its own power demand during peak periods, represents an innovative model
for how cities in Minnesota may utilize solar electrical and other types of renewable energy systems in
the future.
The use of generous utility program rebates will allow the City of Maplewood, at a time of constrained
municipal financial resources, to expand upon its very cost-effective energy efficiency initiatives and
integrate an advanced solar electrical system, with minimal current capital expenditures. By offering to
work in partnership with other major institutions in the community, the City is also setting the stage for
broad public engagement in energy efficiency and renewable energy investments and laying the
foundation for future conservation and renewable energy initiatives in the community.
Minnesota Manufactured Components
The City has created a project budget that includes components from tenKsolar, the only current
Minnesota-basedmanufacturer of solar photovoltaic panels. Although the UL listing for tenKsolar is
still pending, the City is confident that the UL certification will be forthcoming in the very near future
and the City will be able to complete its grant-funded solar electric installation by the grant deadline of
September, 2011.
In addition, all contractors and subcontractors on the project are Minnesota-based companies, with local
firms in and around the Twin Cities area participating in nearly all of the subcontractor labor.
Project Description
City of Maplewood
System Size
39,810
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AGENDA REPORT
TO:
James Antonen, City Manager
FROM:
Michael Thompson, City Engineer/ Dep. Public Works Director
SUBJECT: Resolution Adopting 2011 Assessment Rates, Public Works Permit Fees,
and Park Availability Charges
DATE:
October 20, 2010
INTRODUCTION
The city council will consider approving the attached resolution adopting the 2011 assessment rates,
permit fees, and park availability charges (PAC).
BACKGROUND
Each year the Public Works Department analyzes rates and makes a recommendation to the council on
adjustments. There is little change to the rates proposed for 2011 compared with 2010 rates.
DISCUSSION
The 2011 special assessment rates are recommended to remain at 2010 levels. Additionally, special
benefit appraisals are being conducted this year for rates on the Western Hills Street Improvements,
proposed for 2011 construction.
As a basis for reviewing Public Works permit fee increases, the department typically uses the implicit
price deflator as a guide, which has not changed significantly over the past year. This typically
accounts for the effects of inflation for government entities. Therefore the permit fees are proposed to
stay steady compared with 2010 rates. Also there is no proposed increase to the park availability
charge according to the Community Development and Parks Director.
The standard SAC and WAC fees paid upon new sanitary sewer and water service connections are
proposed at $2,230 and $260, respectively. The SAC charge is set and regulated by Metropolitan
Council Environmental Services (MCES). Upon a new sewer connection, a fee is collected by the city
which is then distributed to MCES.
The proposed 2011 Public Works permit fees, assessments, and PAC charges can be found below and
in the attachments. It is recommended that the 2011 rates take effect on January 1, 2011. In addition,
it is recommended that these fees continue to be reviewed annually with a recommendation brought
before the city council for consideration.
Street Improvement Assessments2011(0% Change)
2010
$6600
1. Complete street reconstruction: $6600
$4950
2. Partial reconstruction/unit: $4950
$3450
3. Bituminous surface replacement/unit: $3450
$2450
4. Mill & overlay/unit: $2450
Other Improvement Rates 2011
2010
$1090
5. Storm drainage/unit: $1090
$4160
6. Cash connect charge - water: $3960
$1500
7. Water service w/new main construction: $1500
$1860
8. Water service w/tap to existing main: $1860
$4160
9. Cash connect charge - sewer: $3960
$1500
10. Sewer service w/new main construction $1500
$2820
11. Sewer service w/tap to existing main: $2820
Public Works Permit Fees (0% Change)
See attached fee lists
Park Availability Charge (PAC)2011(0% Change)
2010
$3540
1. Single Family Dwelling $3540
$5620
2. Duplex $5620
$2810
3. Townhome $2810
$2810
4. Apartments (3-4 Units) $2810
$1980
5. Apartments (5+ Units) $1980
$2600
6. Mobile Homes $2600
$1140
7. Senior Citizen Apartment (1BR UNIT) $1140
$2080
8. Senior Citizen Apartment (2BR UNIT) $2080
9% of market value of property
9. Commercial Properties
RECOMMENDATION
It is recommended that the city council approve the attached Resolution for Adoption of the 2011
Assessment Rates, Public Works Permit Fees, and Park Availability Charges.
Attachments:
1. Resolution
2. Public Works 2011 Permit Fee Schedule
3. SAC WAC PAC Fee Schedule
RESOLUTION
ADOPTION OF THE 2011 ASSESSMENT RATES, PUBLIC WORKS PERMIT FEES,
AND PARK AVAILABILITY CHARGES
WHEREAS, the City of Maplewood has established assessment rates, permit fees, and park
availability charges, and
WHEREAS, city staff has reviewed the assessment rates, permit fees, and park availability
charges.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
1. The proposed assessment and improvement rates shall become effective beginning January 1,
2011.
2. The updated public works fees are approved for all related permit applications received on or
after January 1, 2011.
2011.
3. The updated park availability charge shall become effective beginning January 1,
4. The rates shown will be reviewed by staff on an annual basis with recommendations for revision
brought to the city council for consideration.
Public Works Permit Fees - 2011
Date of Revision: 10/20/10, MWT
2008200920102011
Sewer Service Connection Permit
Residential:
$93.00$98.00$98.00$98.00
Multi-Family/Commercial/Industrial:
$107.00$113.00$113.00$113.00
Repair:
$35.00$37.00$37.00$37.00
Private Storm Sewer and Utility Main Permit
Storm:
Private Storm Sewer Main Base Fee:
$104.00$110.00$110.00$110.00
Connections to existing system, (public):
$59.00$62.00$62.00$62.00
Connections to existing system, (private):
$25.00$27.00$27.00$27.00
New Storm Structures, (public):
$59.00$62.00$62.00$62.00
New Storm Structures, (private):
$14.00$15.00$15.00$15.00
Open Cut of Public Street:
$59.00$62.00$62.00$62.00
Sanitary:
Private Sanitary Sewer Main Base Fee:
$104.00$110.00$110.00$110.00
Connections to existing system, (public):
$59.00$62.00$62.00$62.00
Connections to existing system, (private):
$49.00$52.00$52.00$52.00
New Sanitary Structures, (public):
$59.00$62.00$62.00$62.00
New Sanitary Structures, (private):
$49.00$52.00$52.00$52.00
Open Cut of Public Street:*
$59.00$62.00$62.00$62.00
* Upon adoption of ROW Ordinance and associated fee
schedule, this charge will be discontinued
Driveway Construction Permit
Permit:
$24.00$26.00$26.00$26.00
Commercial Parking Lot Paving Permit
Permit:
$100.00$100.00
$100.00 Base Fee for 0-50,000 SF
50,000 SF and Greater = Base Fee + (SF over 50,000 SF x 0.002)
Grading Permit
Plan Review Fee:
<= 50 C.Y.
No FeeNo FeeNo FeeNo Fee
51 to 100 C.Y.
$33.00$35.00$35.00$35.00
101 to 1000 C.Y.
$52.00$55.00$55.00$55.00
1001 to 10,000 C.Y.
$68.00$72.00$72.00$72.00
10,0001 to 100,000 C.Y.: First 10,000 C.Y.
$68.00$72.00$72.00$72.00
plus each additional 10,000 C.Y.
$33.00$35.00$35.00$35.00
100,001 to 200,000 C.Y.: First 100,000 C.Y.
$365.00$384.00$384.00$384.00
plus each additional 10,000 C.Y.
$19.00$20.00$20.00$20.00
200,000 C.Y. or More: First 200,000 C.Y.
$543.00$571.00$571.00$571.00
plus each additional 10,000 C.Y.
$12.00$13.00$13.00$13.00
Grading Permit Fee:
<= 50 C.Y.
$33.00$35.00$35.00$35.00
51 to 100 C.Y.
$52.00$55.00$55.00$55.00
101 to 1000 C.Y. First 100 C.Y.
$52.00$55.00$55.00$55.00
plus each additional 100 C.Y.
$26.00$28.00$28.00$28.00
1001 to 10,000 C.Y. First 1000 C.Y.
$264.00$278.00$278.00$278.00
plus each additional 1000 C.Y.
$21.00$23.00$23.00$23.00
10,001 to 100,000 C.Y.: First 10,000 C.Y.
$438.00$460.00$460.00$460.00
plus each additional 10,000 C.Y.
$91.00$96.00$96.00$96.00
100,001 C.Y. or More: First 100,000 C.Y.
$1,239.00$1,301.00$1,301.00$1,301.00
plus each additional 10,000 C.Y.
$52.00$55.00$55.00$55.00
Water Availability Charge
WAC
$224.00$236.00$250.00$250.00
Additional Charges
All other services requiring additional staff time*
$52.00$54.00$54.00$54.00
* Services requiring extensive staff time beyond what is
considered reasonable for inspections or other services will be
charged $54.00 per hour
11/3/2010p/works/eng/lib/ Permit Fees 2011
Item L1
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
INTRODUCTION
BACKGROUND
Dan Good Catering (DCG) on behalf of the Hospitality Catering Corporation:
Jimmy’s Food & Drink on behalf of Gerald, Inc.:
RECOMMENDATION
MEMORANDUM
TO:
FROM:
SUBJECT:Approval of Bid for Restoration at Beaver Creek Preserve
DATE:
INTRODUCTION
DISCUSSION
Final Total$49,811$49,836$66,872
RECOMMENDATION
2