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HomeMy WebLinkAboutApr 10CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA April 10, 2013 A. CALL TO ORDER: B. ROLL CALL: LINDSTROM ____ HARRIS ____ GOSLINE ____ LONG ____ MERCER-TAYLOR ____ FISCHER ____ C. PRESENTATIONS: 1.Annual Report from City Forester Andy Hovland 2.Presentation/Update on the Regional Indicators Initiative-Rick Carter D. APPROVAL OF MINUTES: March 27. 2013 E. PUBLIC HEARINGS: F. CONSENT AGENDA: 1.General Disbursements through 3/29/2013: $100,001.16 Payroll through 3/31/2013: $15,113.11 2.Approval of City Licenses 3.Appointment of Liz Asmus to Park & Recreation Commission 4.Approval of City Hall Summer Hours 5. Resolution of Support for City Street Improvement Districts 6.Approve/Confirm No Parking Resolutions for State Aid Approval of the 2013 Street Improvement Project (Res. No. 13-07 and 13-08) 7.Public Entity Recycling Innovation Grant G: POLICY ITEMS: 1.Special Event Ordinance (Tabled from March 27, 2013, Meeting) (Ord. No. 13-01) H. INFORMATION/ANNOUNCEMENTS: I. COMMUNITY FORUM: J. ADJOURNMENT: CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA March 27, 2013 A. CALL TO ORDER: 7:00PM B. ROLL CALL: LINDSTROM _X_ HARRIS _X_ GOSLINE _X_ LONG _X_ MERCER-TAYLOR _X__ FISCHER _X__ C. PRESENTATIONS: 1. Neal Kwong Citizenship Award Recipient Katie Mercer Taylor Mayor Lindstrom and Allen Kwong presented the Neal Kwong Citizenship Award to Katie Mercer-Taylor 2. Bell Museum Update and Resolution of Support (Res. No. 13-05) Beth Mercer-Taylor Moved Approval, 5-0 Susan Weller of the Bell Museum presented an update on the possible move of the museum to the St. Paul campus in Falcon Heights D. APPROVAL OF MINUTES: February 27, 2013 Approved E. PUBLIC HEARINGS: F. CONSENT AGENDA: Pam Harris Moved Approval 5-0 1. General Disbursements through 3/19/2013: $211,699.34 Payroll through 3/15/2013: $29,395.82 2. Approval of City Licenses 3. Appointment of Matt Anderson to Human Rights Commission 4. Appointment of Kathryn Hartman to Environment Commission 5. Appointment of Jay Colond to Human Rights Commission 6. Appointment of Patricia Holmes to Environment Commission 7. Appointment of Diane Ross to Human Rights Commission G: POLICY ITEMS: 1. Sanitary Sewer Cleaning Program Pam Harris Moved Approval 4-0, Keith Gosline Abstained Moved from Consent Agenda to Policy Items per Keith Gosline Request. Gosline inquired if the cost/benefit ratio of cleaning and televising is worth the expense. Council members and administration agreed that the expense is justified. 2. Special Event Ordinance (Ord. No. 13-01) Tabled until 4/10/13 meeting in order to gather input from Fire and Police Chiefs. 3. National Service Recognition Day (Res. No. 13-04) Pam Harris Moved Approval 5-0 H. INFORMATION/ANNOUNCEMENTS: Council Member Beth Mercer-Taylor The Environment Commission will be looking at the Recycling Contract in the near future. Council Member Chuck Long Reminded residents that the Summer Recreation program registration is open. Council Member Keith Gosline Reminded people that 4/27/13 is the NYFS Senior Cleanup Day. Mayor Peter Lindstrom -Gave an update on the recent Neighborhood Commission meeting to the Council. The commission will focus on Public Safety related items. -Mentioned that Falcon Heights is going to be featured on a webinar by the National League of Cities regarding the City’s sustainability efforts. -Mentioned that he testified at the Legislature on the citizen email data practices bill. -Mentioned that the local Destination Imagination kids are holding a graffiti removal day on the trolley path on 4/5/13 at 4PM. City Administrator Bart Fischer Reminded people that the AARP is still conducting tax assistance at City Hall on Tuesdays and Thursdays from 9AM-12PM until 4/9/13. I. COMMUNITY FORUM: J. ADJOURNMENT: 8:43PM REQUEST FOR COUNCIL ACTION The City That Soars! Item General Disbursements and Payroll Description General Disbursements through 3/29/2013: $100,001.16 Payroll through 3/31/2013: $15,113.11 Budget Impact Attachment(s) General Disbursements and Payroll Action(s) Requested Staff recommends that the Falcon Heights City Council approve general disbursements and payroll. Meeting Date April 10, 2013 Agenda Item Consent F1 Attachment General Disbursements and Payroll Submitted By Roland Olson, Finance Director Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item Approval of City Licenses Description The following individuals have applied for a Mechanical License for 2013. Staff has received the necessary documents for licensure. 1. Angell Aire, Inc The following individuals have applied for a Municipal Business License for 2013. Staff has received the necessary documents for licensure. 1. TIES 2. Premier Health Budget Impact Attachment(s) N/A Action(s) Requested Staff recommends that the Falcon Heights City Council approve the 2013 City License Applications. Meeting Date April 10, 2013 Agenda Item Consent F2 Attachment N/A Submitted By Michelle Tesser, Assistant to the City Administrator Families, Fields and Fair __________________________ REQUEST FOR COUNCIL ACTION The City That Soars! Item City Commission Appointment Description I recommend Liz Asmus to be appointed to the Falcon Heights Park & Recreation Commission. Budget Impact N/A Attachment(s) Liz Asmus’ application. Action(s) Requested Approval of the above appointment. Meeting Date April 10, 2013 Agenda Item Consent F3 Attachment Application Submitted By Mayor Peter Lindstrom Families, Fields and Fair __________________________ CITY OF FALCON HEIGHTS COMMISSION APPLICATION DATE: 3/27/2013 NAME: Liz Asmus ADDRESS: 1547 Idaho Avenue West, Falcon Heights, MN 55108 PHONE: (H) (W) EMAIL ADDRESS: HOW LONG AT ABOVE ADDRESS? 2 years IN WHAT CAPACITY DO YOU WISH TO SERVE? I would like to serve of the Parks and Recreation Commission REASON YOU WISH TO SERVE ON ABOVE: As the mother of two young girls, I’d like to take part in promoting a healthy and active community for them grow up in. PRIOR PUBLIC (OR RELATED) SERVICE: Over the years I have worked on various community and political campaigns including acting as the regional lead of the Change that Works Campaign promoting Health Care Reform and the Employee Free Choice Act in Northern Minnesota and North Dakota. I have also worked on the Labor to Labor efforts on the 2008 Obama and Franken campaigns, the 2010 Dayton Campaign and the 2012 DFL Legislative campaign all through the Minneapolis Regional Labor Federation. OTHER RELEVANT BACKGROUND (OR COMMENTS): My family and I greatly enjoy living in Falcon Heights and are committed to supporting our community. I would appreciate the commission’s consideration. REQUEST FOR COUNCIL ACTION The City That Soars! Item City Hall Summer Hours Description For the past five years, the City has implemented a modified schedule during summer months. During the summer months, especially on Fridays, the amount of walk-in and phone call requests for service drops off dramatically. Many cities use this as an opportunity to employ alternative hours of operation, commonly known as “summer hours”. Currently, normal hours of operation are Monday – Friday, 8:00 a.m. – 4:30 p.m. Staff is proposing that the City of Falcon Heights use the following schedule between Memorial Day and Labor Day: Monday – Thursday 7:30 am – 5:00 pm Friday 7:30 am - noon This would allow for City Hall to still be open the same number of hours per week (42.5) and for employees to still work the same number of total hours (40, with one ½ hour break each day). It would also allow City Hall customers the ability to come in a ½ hour earlier and later in the day to conduct business. We will publicize this through our normal methods (email, website, flyers, newsletters, newspapers, social media). We would also insert a notice on all permit applications so that contractors and/or residents do not come to city hall on Friday afternoon hoping to pick up permits for their weekend projects. Notice will also be given to those who rent facilities that building keys will need to be picked up before noon on Friday. Budget Impact N/A Attachment(s) None Meeting Date April 10, 2013 Agenda Item Consent F4 Attachment None Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ Action(s) Requested Staff recommends that the Falcon Heights City Council adopt the summer hours schedule explained above from Memorial Day to Labor Day. REQUEST FOR COUNCIL ACTION The City That Soars! Item Resolution of Support for City Street Improvement Districts Description For a number of years, city organizations such as the League of MN Cities and Metro Cities have been championing legislation that would allow cities to establish street improvement districts. This authority would allow cities to collect fees from property owners within a district to fund municipal street maintenance, construction, reconstruction and facility upgrades. More information can be found on the attached LMC Fact Sheet. The LMC and Metro Cities have asked cities to pass resolutions of support as well as have Mayor’s send the attached letter of support to their Senators and Representatives. Staff recommends passage of the attached resolution of support and sending the attached Mayor’s letter of support to our legislative representatives. Budget Impact N/A Attachment(s) -LMC Fact Sheet -Mayor Letter of Support-Example -Resolution No. 13-06 Action(s) Requested Approve Resolution No. 13-06, supporting the establishment of street improvement districts in cities and authorizing the Mayor to send a letter of support to the City of Falcon Heights’ Legislative representatives. Meeting Date April 10, 2013 Agenda Item Consent F5 Attachment LMC Fact Sheet Mayor Letter of Support-Example Resolution No. 13-06 Submitted By Bart Fischer, City Administrator Families, Fields and Fair __________________________ Date Legislator Address Dear Legislator, I am writing to request your support for HF 745 (Erhardt, DFL-Edina) and SF 607 (Carlson, DFL-Eagan), legislation that would allow cities to create street improvement districts. This authority would allow cities to collect fees from property owners within a district to fund municipal street maintenance, construction, reconstruction, and facility upgrades. If enacted, this legislation would provide the City of Falcon Heights as well as other cities with an additional tool to build and maintain city streets. Here are some answers to questions that have been raised about the legislation: •This is enabling legislation. No city would be required to create a municipal street improvement district. •The street improvement district authority legislation is modeled after Minn. Stat. 435.44, which allows cities to establish sidewalk improvement districts. •This authority would provide a funding mechanism that is fair. It establishes a clear relationship between who pays fees and where projects occur, but stops short of the benefit test that sometimes makes special assessments vulnerable to legal challenges. It also does not prohibit cities from collecting fees from tax exempt properties within a district. •This tool allows cities to perform maintenance and reconstruction on schedule. Timely maintenance is essential to preserving streets and thereby protecting taxpayer investments. •This tool would allow property owners to fund expensive projects by paying relatively small fees over time. The tool could be used to mitigate or eliminate the need for special assessments. If you have further questions on this bill, please feel free to contact me at 651-917-2977 or mayorlindstrom@gmail.com. You may also contact Anne Finn at the League of Minnesota Cities at (651) 281-1263 or afinn@lmc.org. Thank you for considering this request. Sincerely, Peter Lindstrom Mayor, City of Falcon Heights CITY OF FALCON HEIGHTS COUNCIL RESOLUTION April 10, 2013 No. 13-06 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A RESOLUTION SUPPORTING LEGISLATION AUTHORIZING THE ESTABLISHMENT OF MUNICIPAL STREET IMPROVEMENT DISTRICTS WHEREAS, Minnesota contains over 135,000 miles of roadway, and over 19,000 miles—or 14 percent--are owned and maintained by Minnesota’s 853 cities; and WHEREAS, 84 percent of municipal streets are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS, the more than 700 Minnesota cities with populations below 5,000 are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes and special assessments, have limited applications, leaving cities under-equipped to address growing needs; and WHEREAS, maintenance costs increase as road systems age, and no city--large or small—is spending enough on roadway capital improvements to maintain a 50-year lifecycle; and WHEREAS, for every one dollar spent on maintenance, a road authority saves seven dollars in repairs; and WHEREAS, the Council of the City of Falcon Heights finds it is difficult to develop adequate funding systems to support the City's needed street improvement and maintenance programs while complying with existing State statutes; and WHEREAS, cities need flexible policies and greater resources in order to meet growing demands for municipal street improvements and maintenance. NOW, THEREFORE, BE IT RESOLVED THE COUNCIL OF THE CITY OF FALCON HEIGHTS supports enabling legislation that would authorize cities to establish street improvement districts to fund municipal street maintenance, construction and reconstruction. ADOPTED by the Falcon Heights City Council this ____ day of __________________, 2013. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom, Mayor April 10, 2013 LINDSTROM ____ In Favor Attested by: ________________________ GOSLINE Bart Fischer HARRIS ____ Against City Administrator LONG April 10, 2013 MERCER-TAYLOR REQUEST FOR COUNCIL ACTION The City That Soars! Item Approve No parking resolutions- Arona Street from Hoyt Avenue to California Avenue and Albert Street from Hoyt Avenue to Larpenteur Avenue Description The City is rehabilitating Arona Street between Hoyt Avenue and Crawford Avenue, and Albert Street between Hoyt Avenue and Larpenteur Avenue as a part of the 2013 Pavement Management Project. These streets are a part of the City’s Municipal State Aid (MSA) system. State Aid standards do not allow parking on both sides of 2 lane roads narrower than 38 feet. Arona Street is 32 feet wide from Hoyt Avenue to Idaho Avenue, and State Aid standards require one side to be posted “no parking”; parking is currently restricted on both sides of Arona from Hoyt Avenue to Idaho Avenue. Albert Street is 32 feet wide from Hoyt Avenue to Larpenteur Avenue. Parking is currently restricted to one side only on Albert Street; no parking signs are posted on the east side of the street. The parking restrictions on these streets are NOT changing. The State requires a Council resolution prohibiting parking where street width does not meet State Aid standards for parking on both sides. This action item is a formality for State Aid approval of the project. Budget Impact This action has no impact to the budget, as no parking signs are already in place. Attachment(s) Resolution No. 13-07 Resolution No. 13-08 Action(s) Requested Approve No parking resolutions- Arona Street from Hoyt Avenue to California Avenue and Albert Street from Hoyt to Larpenteur Avenue. Resolution No. 13-07 and Resolution No. 13-08. Meeting Date April 10, 2013 Agenda Item F6 Attachment Resolution No. 13-07 Resolution No. 13-08 Submitted By Kristine Giga, Civil Engineer Families, Fields and Fair __________________________ CITY OF FALCON HEIGHTS COUNCIL RESOLUTION April 10, 2013 No. 13-07 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION PROHIBITING PARKING ON ARONA STREET BETWEEN HOYT AVENUE AND IDAHO AVENUE WHEREAS, Arona Street between Hoyt Avenue and California Avenue is a Municipal State Aid roadway; AND WHEREAS, such roadways are proposed to be rehabilitated using Municipal State Aid funds and the rehabilitation of such roadways must conform to established State Aid standards; AND WHEREAS, State Aid standards do not allow parking on both sides of 2 lane roads narrower than 38 feet; AND WHEREAS, Arona Street is 32 feet from Hoyt Avenue to Idaho Avenue. Parking will be restricted on the east side of the street and “no parking” signs will be posted. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Falcon Heights, that parking is prohibited along the east side of Arona Street between Hoyt Avenue and Idaho Avenue. Adopted by the Falcon Heights City Council this ____ day of __________________, 2013. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom, Mayor April 10, 2013 LINDSTROM ____ In Favor Attested by: ________________________ GOSLINE Bart Fischer HARRIS ____ Against City Administrator LONG April 10, 2013 MERCER-TAYLOR CITY OF FALCON HEIGHTS COUNCIL RESOLUTION April 10, 2013 No. 13-08 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - RESOLUTION PROHIBITING PARKING ON ALBERT STREET BETWEEN HOYT AVENUE AND LARPENTEUR AVENUE WHEREAS, Albert Street between Hoyt Avenue and Larpenteur Avenue is a Municipal State Aid roadway; AND WHEREAS, such roadways are proposed to be rehabilitated using Municipal State Aid funds and the rehabilitation of such roadways must conform to established State Aid standards; AND WHEREAS, State Aid standards do not allow parking on both sides of 2 lane roads narrower than 38 feet; AND WHEREAS, Albert Street is 32 feet wide between Hoyt Avenue and Larpenteur Avenue. Parking will be restricted on the east side of the street and “no parking” signs will be posted. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Falcon Heights, that parking is hereby prohibited along the east side of Albert Street between Hoyt Avenue and Larpenteur Avenue. Adopted by the Falcon Heights City Council this ____ day of __________________, 2013. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Peter Lindstrom, Mayor April 10, 2013 LINDSTROM ____ In Favor Attested by: ________________________ GOSLINE Bart Fischer HARRIS ____ Against City Administrator LONG April 10, 2013 MERCER-TAYLOR REQUEST FOR COUNCIL ACTION The City That Soars! Item Public Entity Recycling Innovation Grant. Background Falcon Heights and Lauderdale applied jointly for a Public Entity Innovation Grant to fund a pilot program to collect and recycle bulky waste items (such as mattresses, couches, appliances) from residents. Other than annual clean-up events in both cities, residents are on their own to dispose of these items, often at enough expense and inconvenience to postpone action, allowing cast-offs to build up in basements, garages and homes, or lead to illegal dumping. Ramsey County approved the grant application and recommended award of the grant on March 12, 2012. Administration of the grant requires that one city act as custodian of funds. Falcon Heights staff are willing to do this; Lauderdale has agreed. The two cities will work with consultant Susan Young of Foth Infrastructure and Environment, LLC, Ramsey County’s recycling consultants, to set up the pilot program. An RFP (draft attached) will be issued to find a commercial hauler to pick up items on selected dates during the pilot phase (approximately June – October, 2013). Residents will be eligible to apply for a voucher to have one bulky item picked up on a specified date. Participants will be required to answer survey questions to assess the need for this kind of service and response to this type of pick-up program. Expenses will be paid through the grant. Only single-family residences will be included in this initial pilot for the sake of simplicity. (Ramsey County is studying multi-family residences separately.) The program will be evaluated in mid-summer and in October to determine if the two cities will apply for a grant to fund a second phase expanded to apartment residents. Expected outcomes will be (1) an assessment of both the “pent up” and ongoing need for a curbside collection program for bulky waste, (2) finding out whether a bulky waste collection program could be managed co-operatively by multiple cities; Meeting Date April 10, 2013 Agenda Item Consent F7 Attachment -Letter of recommendation from Ramsey County -Draft Request for Proposals -Joint letter from Falcon Heights and Lauderdale agreeing that Falcon Heights will serve as custodian of grand funds. Submitted By Deborah Jones, Zoning & Planning Director Families, Fields and Fair __________________________ (3) explore the possibilities of an ongoing program: management issues, cost, etc. Budget Impact In-kind contribution of staff time from Deb Jones of approximately 40 – 50 hours over the life of the project (April – October, 2013). Attachment(s) • Letter of recommendation from Ramsey County •Draft Request for Proposals •Joint letter from Falcon Heights and Lauderdale agreeing that Falcon Heights will serve as custodian of grand funds. Action(s) Requested Motion to support acceptance of the grant funds for the pilot project and for staff proceeding with implementation and issuing of an RFP. Also approving Falcon Heights role of serving as the financial custodian for the grant funds. Cities of Falcon Heights and Lauderdale • RFP Request for Proposals for Bulky Wastes Collection and Recycling or Disposal Services Prepared by the City of Falcon Heights and the City of Lauderdale, MN Released on: April 12, 2013 Proposals due on: April 24, 2013, 4:00 p.m. City of Lauderdale The Island in the Metro S:\CC AGENDAS\2013 CC Agendas\4-10-13\Recycling Grant\RFP FH-Laud Bulky Wastes Collection and Recycling or Disposal Services final draft.docx Page i Cities of Falcon Heights and Lauderdale • RFP Request for Proposal Bulky Wastes Collection and Recycling or Disposal Services Contents SUMMARY .................................................................................................................................... 1 1. INTRODUCTION AND BACKGROUND INFORMATION .............................................. 2 1.1 Service Summary ............................................................................................................. 2 1.2 History and Summary of Current Solid Waste and Recycling Services .......................... 2 1.3 City Goals and Objectives of this RFP ............................................................................ 2 1.4 Estimates of Current Households Served Under This Contract ....................................... 3 1.5 Summary of Instructions .................................................................................................. 3 1.6 Complete Proposals Required .......................................................................................... 3 1.7 Examination of RFP Documents ...................................................................................... 4 1.8 Restricted Communication ............................................................................................... 4 1.9 Proposals Held Confidential ............................................................................................ 4 1.10 Preparation and Submission of Proposals .................................................................... 4 1.11 Pre-Proposal Meeting ................................................................................................... 5 1.12 Minimum Qualifications of Responsive Proposers ...................................................... 5 1.13 Contract Period/Renewals ............................................................................................ 5 1.14 Proposal Evaluation Criteria ......................................................................................... 5 1.15 Amendments to the Scope of Services ......................................................................... 6 1.16 Contract Negotiations ................................................................................................... 6 1.17 Cost of Proposal Preparation and Negotiation ............................................................. 6 1.18 Proposals May be Rejected in Whole or Part ............................................................... 6 1.19 Proposers May Team with Other Companies ............................................................... 6 2. SCOPE OF SERVICE ............................................................................................................ 7 2.1 Bulky Wastes Processing and Disposal ........................................................................... 7 2.2 Proposed Price Elements .................................................................................................. 8 3. INSURANCE AND OTHER LEGAL REQUIREMENTS .................................................... 9 3.1 Anti-Discrimination ......................................................................................................... 9 3.2 Certificate of Non-Barred Proposing ............................................................................... 9 3.3 Data Practices Act ............................................................................................................ 9 3.4 Record Keeping / Audits .................................................................................................. 9 S:\CC AGENDAS\2013 CC Agendas\4-10-13\Recycling Grant\RFP FH-Laud Bulky Wastes Collection and Recycling or Disposal Services final draft.docx Page iii Cities of Falcon Heights and Lauderdale • RFP 4. PROPOSAL CONTENT ...................................................................................................... 10 4.1 Qualifications Section .................................................................................................... 10 4.1.1 General Management .............................................................................................. 10 4.1.2 Refuse and Recyclables Collection Experience ...................................................... 10 4.2 Overview of Services ..................................................................................................... 11 4.3 Price Proposals ............................................................................................................... 11 5. PROPOSAL FORMS............................................................................................................ 11 S:\CC AGENDAS\2013 CC Agendas\4-10-13\Recycling Grant\RFP FH-Laud Bulky Wastes Collection and Recycling or Disposal Services final draft.docx Page iv Cities of Falcon Heights and Lauderdale • RFP Request for Proposal (RFP) Bulky Wastes Collection and Recycling or Disposal Services SUMMARY The Cities of Falcon Heights and Lauderdale, Minnesota are soliciting sealed proposals for Bulky Wastes Collection and Recycling or Disposal Services Issue and receiving office: City of Lauderdale, Jim Bownik 1891 Walnut Street Lauderdale, MN 55113 Sole contact person for all RFP communications: Jim Bownik, City of Lauderdale RFP Time/Schedule: RFP released: April 12, 2013 Pre-proposal meeting: April 17, 2013; 9:30 a.m. Proposals due April 24, 2013; 4:00 p.m. Cities of Falcon Heights and Lauderdale • RFP 1. INTRODUCTION AND BACKGROUND INFORMATION 1.1 Service Summary The Cities of Falcon Heights and Lauderdale are seeking proposals from qualified companies to provide a bulky waste collection and recycling or processing and disposal service in the respective communities. The list of Contract services include, but are not limited to: ♦ collect bulky items from residential properties, as directed by the Cities ♦ transport them to facilities that will recycle the materials ♦ if recycling is not possible, transport items, as directed by the Cities, to a facility that will appropriately process the items for disposal 1.2 History and Summary of Current Solid Waste and Recycling Services The Cities of Lauderdale and Falcon Heights have identified a need for more efficient and effective ways for residents to dispose of bulky items such as mattresses, furniture and appliances. Annual campaigns or events to encourage and facilitate recycling of these items have failed to serve residents who: ♦ Do not have a vehicle or the physical capability of taking items to the annual clean-up or a drop-off site. ♦ Move out of homes or replace large household items at other times of the year, when the next clean-up event may be many months away - encouraging storage or abandonment of the cast-offs. Because neither city has organized refuse collection that might include collection of bulky items, residents are left on their own to arrange for disposal. There are several haulers in the two communities that offer a wide variety of services, and prices, for bulky goods disposal. Because of the uncertainty regarding which hauler provides which service, and the difficulty in comparing prices and services, bulky goods disposal often comes at a high cost and with significant inconvenience which discouraged appropriate action by homeowners. The result is a growing backlog of unwanted furniture and appliances stored in basements, garages and yards, and, too often, dumped illegally on public or private property. These items represent a public health and safety hazard and are source of materials that could be recycled. 1.3 City Goals and Objectives of this RFP Falcon Heights and Lauderdale will conduct a pilot program that will (1) provide “free” pick-up of a specified number of bulky item(s) during the study period to eligible households, (2) provide transport of items to facilities that recycle the materials whenever possible and to appropriate processing when recycling is not possible, (3) distribute the program benefit fairly across both communities while minimizing abuse by non-residents, (4) assess whether there is a demand for continuing and expanding this service and whether residents would be willing to pay for it as an addition to their present recycling fee, and (5) determine the efficiency and effectiveness of such a program. Cities of Falcon Heights and Lauderdale • RFP A hauler will be engaged who will collect bulky items on dates to be determined and transport them to facilities that will recycle the materials, or if recycling is not possible, to a facility that will appropriately process the items for disposal. Eligible residents will be able to apply for a voucher to cover pick-up of the specified number of eligible item(s) on a given date by applying to their city no more than two weeks before the pickup. Each city will keep track of which households have used their voucher, what items were collected, and the cost of the service. Participants will be surveyed for feedback as part of the application process. Participation will be first come, first served, and the number of households served will be determined by the costs detailed in the proposals. The findings of the pilot program will evaluate the response of residents to the pilot program, cost of the program, efficiency and effectiveness of the program, and recommendations for future efforts. If the pilot is deemed successful, a second effort, focusing on multiunit properties may be considered. 1.4 Estimates of Current Households Served Under This Contract The pilot program will target single family homes in the cities: 643 in Lauderdale and 1,232 in Falcon Heights. Single family homes were chosen in order to simplify management of this pilot phase. INSTRUCTIONS TO PROPOSERS 1.5 Summary of Instructions The deadline for submitting proposals is Wednesday, April 24, 2013 at 4:00 p.m. Four (4) hard copies of each proposal must be submitted. Envelopes shall be marked & sealed per the instructions to proposers below. Facsimile (i.e., “fax”) proposals will not be accepted. 1.6 Complete Proposals Required Prospective Proposers are invited to submit a proposal for these services. Specifications, terms, conditions and instructions for submitting proposals are contained in this RFP. This RFP, together with any addenda and the Contractor’s proposal(s), shall be referenced and incorporated into the final Service Agreement (Contract). If there is any discrepancy between the Contract and the RFP or proposal, the Contract shall take precedence and prevail. All responsive Proposers shall submit a complete proposal by submitting all information required within this RFP. Failure to submit a complete proposal may result in the City rejecting that incomplete proposal as non-responsive. The proposal documents shall be submitted in its entirety, in a properly identified and sealed envelope to the Lauderdale City Administrator's office. Proposals must be received before the deadline for submitting proposals - late proposals may not be considered. Cities of Falcon Heights and Lauderdale • RFP 1.7 Examination of RFP Documents Before submitting a proposal, all Proposers shall carefully examine the specifications in this RFP and shall fully inform themselves as to all definitions, specifications and limitations of the Contract scope of services. The Proposers shall indicate in their proposals on the required proposal forms their proposed prices to cover the costs of all services included in this RFP. Proposers must certify that they agree and accept all requirements within this RFP including the Service Agreement. 1.8 Restricted Communication The Cities intend to provide equal and consistent communications to all prospective Proposers throughout this RFP process. Therefore, it is critical that all communications about this RFP after its release and up through final execution of the new contract be restricted to go through the Cities’ designated contact person: Jim Bownik, City of Lauderdale 1.9 Proposals Held Confidential Immediately after the deadline for proposals to be submitted, only the company names of Proposers submitting Proposals will be made public consistent with the Minnesota Government Data Practices Act (M.S. 13.591, subd. 3(b)). All proposal documents shall be held as confidential until a final Contract is fully executed. If a Proposer wants the City to consider a portion of its proposal as confidential (e.g., trade secret or proprietary data) pursuant to the Minnesota Government Data Practices Act, these sections of their proposal must be submitted within a separate envelope and cover letter explaining the reason for the request. The City will review any such request and make a final judgment on whether these sections shall be held by the City as confidential per the Minnesota Government Data Practices Act. Requesting that all or substantially the entire proposal be deemed confidential may result in the proposal being considered non-responsive by the City. 1.10 Preparation and Submission of Proposals Proposals shall be legibly prepared. Proposals shall be legally signed and the complete address of the Proposer given thereon. Four (4) hard copies of each proposal must be delivered to the City at: Bulky Wastes Recycling Collection City of Lauderdale 1891 Walnut Street Lauderdale, MN 55113 Cities of Falcon Heights and Lauderdale • RFP All copies must be submitted in sealed envelopes and plainly marked with the project name: “Proposal for Bulky Wastes Collection and Recycling or Disposal Services”. The City offices will maintain confidentiality of the contents. 1.11 Pre-Proposal Meeting A pre-proposal meeting is scheduled for April 17, 2013; 9:30 a.m. in the Lauderdale City Hall. Attendance at the pre-proposal meeting is not required but is strongly encouraged to help Proposers familiarize themselves with the scope and magnitude of the Contract and to discuss any omissions or pending corrections in the specifications. Proposers are also encouraged to get clarification from City staff at this pre-proposal meeting for unclear items. No communication will be engaged in, nor will additional questions be answered, after the pre-proposal meeting. 1.12 Minimum Qualifications of Responsive Proposers Proposals will only be considered and reviewed from companies that are engaged in providing solid waste and recycling services comparable to those described in this RFP packet. Proposers should be able to be licensed for commercial hauling in Falcon Heights and Lauderdale. A minimum of three (3) references of current customers is required, at least one (1) of which should be a city or township where the Proposer currently operates a solid waste collection, recycling and/ processing business. 1.13 Contract Period/Renewals The term of the Contract shall be for a period of time to be determined, but operations will not begin until June 1, 2013 and the initial contract period is anticipated to be one year. The City may opt to renew this contract for up to two (2), one-year periods under similar terms, conditions and price schedules as the initial Contract at the sole discretion of either or both cities. 1.14 Proposal Evaluation Criteria The Cities will determine, in their sole discretion, considering various factors such as (without limitation) those set forth below, which Proposer shall be awarded the Contract. The following criteria will be used to evaluate proposals: ♦ Price schedules (Estimated total costs over the project period.) ♦ Experience and capacity (Demonstrated capability.) ♦ References ♦ Thoroughness and responsiveness to this RFP (Demonstrated understanding of the City’s needs, goals, objectives and service specifications and quality standards.) ♦ Overall environmental benefits (Specific operations proposed, recycling opportunities to be used, and overall company approach and philosophy to environmental protection and natural resource conservation.) Cities of Falcon Heights and Lauderdale • RFP No one, single criterion will be determinative of the best proposal, and the foregoing list is not exhaustive. All responsive proposals will be reviewed and compared with competing proposals in order for the Cities to determine, in their sole discretion, which proposal is in the best interests of the public. 1.15 Amendments to the Scope of Services The Cities may, at their own discretion, add services to or delete services from the scope of work described in this RFP packet. The Cities will notify prospective Proposers of any such amendments by issuing an addendum to this RFP. Prospective Proposers that attend the pre- proposal meeting (see Section 1.11, “Pre-Proposal Meeting”, above) will be automatically notified of any such RFP addenda. 1.16 Contract Negotiations City staff may negotiate with the top ranked Proposer as authorized by Cities for purposes of finalizing a Contract based on this RFP. If negotiations with the top-ranked Proposer are not successful, the City staff may then initiate negotiations with second ranked Proposer, and so on. The City reserves the right to negotiate specific work elements with a Proposer into a Contract. 1.17 Cost of Proposal Preparation and Negotiation Proposers shall participate in this RFP procurement process at their own expense, including (but not limited to) preparation of the required proposal materials. Also, Proposers shall not make any claims whatsoever for reimbursement from City for the cost, expenses, or damages that may be associated with this process. The City accepts no liability for costs and expenses incurred by the Proposer in connection with this RFP, subsequent interviews, negotiations, and Contract execution. The City reserves the right to terminate these RFP procurement proceedings at any time. 1.18 Proposals May be Rejected in Whole or Part The City retains all of its rights throughout this RFP and contracting process. This includes, but is not limited to, the right to: ♦ Reject any or all proposals. ♦ Reject all proposals and issue a revised, new RFP. ♦ Reject parts of proposals. ♦ Negotiate modifications of proposals submitted for purposes of finalizing and executing a Contract. ♦ Accept part or all of the proposals on the basis of consideration(s) other than cost or proposed rates. ♦ Negotiate with Proposers to obtain best and final offers. ♦ Terminate these RFP procurement proceedings at any time. 1.19 Proposers May Team with Other Companies Proposers may subcontract with other companies. This is allowed as needed, but all such primary contractor/subcontractor relationships must be explicitly described in each proposal. If Cities of Falcon Heights and Lauderdale • RFP one (1) or more subcontractors are proposed, the subcontractor must be explicitly included in the proposal when it is submitted to City. Any change in subcontractors after the proposal submission date must be approved by the City. If a company chooses to submit a Team proposal with another company, they may not respond to this RFP individually. If a Team is awarded the Contract, there must be a single, prime Contractor identified as the point of contact for the Cities. It shall be the responsibility of the prime Contractor to assure that its subcontractor(s) complies with all Contract requirements of cities and any and all applicable laws, rules and guidelines. The Cities have no oversight responsibility, liability or obligation directly to any subcontractor. 2. SCOPE OF SERVICES This section of the RFP summarizes the scope of services. 2.1 Bulky Wastes Collection, Recycling and Disposal It is anticipated that Bulky Wastes collection will occur one day per week; that day is expected to be Wednesday but that day and remaining days in this description may change at the sole discretion of the Cities. Residents must contact the City by 12:00 (noon) on Monday to verify eligibility and schedule the pickup. The contractor will be notified of the addresses, bulky wastes and number of items by Tuesday, at 12:00 p.m. (noon). The cities may, in their sole discretion, cancel pickup for that week by notification to the Hauler by 12:00pm. (noon) on Tuesday. It is anticipated that no fewer than five pickups per pickup day will be provided to the hauler; if fewer than five pickups are requested between the two cities in any given week the requests for pickup are anticipated to be scheduled in the following week. Bulky waste collection, recycling or processing and disposal requirements include (but are not limited to): ♦ Collection of bulky waste items, as directed by the City of Falcon Heights or the City of Lauderdale ♦ Recycling of the items, if possible; processing and disposal of the items, if not recyclable. ♦ Pursuant to Minnesota State Statutes and County ordinance and policies, the Contractor must arrange for delivery of all refuse or non-recyclable items collected under this Contract to be delivered to a mixed MSW resource recovery facility. ♦ The City’s intent in this RFP is to maximize the amount of recycling and other recovery of bulky items and other problem materials. Proposers shall summarize how they will accomplish this goal and how their actual performance will be reported ♦ This RFP requires recycling and disposal costs to be explicitly itemized separate from collection fees. ♦ The Contract for Services will include provision for liquidated damages to be paid by the Hauler for missed or skipped pickups. ♦ The Contract for Services will include a form to be completed each week by the Hauler, listing the pickup addresses, the bulky items picked up, where each item was recycled and/or where each item, or partial item, was disposed of. Cities of Falcon Heights and Lauderdale • RFP ♦ Each proposer shall be appropriately licensed for the processing of appliances and bulky wastes containing hazardous or problem materials, and shall include copies of current site and personnel licenses with the proposal. 2.2 Proposed Price Elements All proposers shall submit a complete Price Worksheet (Attachment C). If the Proposer is awarded the Contract, this Price Worksheet will be the basis for negotiation of the final terms of the City-approved rate schedule. The Price Worksheet requires proposers to itemize rates for collection, recycling and disposal costs. Cities of Falcon Heights and Lauderdale • RFP 3. INSURANCE AND OTHER LEGAL REQUIREMENTS All insurance and other legal requirements are contained within (Attachment B). 3.1 Anti-Discrimination The Contract to be awarded will require the Contractor to agree: 1. That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; 2. That no Contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause one (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; 3. That a violation of this section is a misdemeanor; and 4. That this Contract may be canceled or terminated by the city, and all money due, or to become due, under the Contract may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 3.2 Certificate of Non-Barred Proposing The undersigned firm certifies that it is not barred from proposing on this contract as a result of a conviction for the violation of State laws prohibiting "proposal" rigging or "proposal" rotating. 3.3 Data Practices Act The Contract to be awarded will be subject to the Minnesota Government Data Practices Act and will include the following provision: Pursuant to Minnesota Statutes § 13.05, Subd. 11, all of the data created, collected, received, stored, used, maintained, or disseminated by the Contractor in performing this Contract is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and the Contractor must comply with those requirements as if it were a government entity. The remedies in Minnesota Statutes § 13.08 apply to the Contractor. The Contractor does not have a duty to provide access to public data to the public if the public data are available from the City, except as required by the terms of this contract. 3.4 Record Keeping / Audits The Contract to be awarded will be subject to record keeping and audit requirements and will include the following provision: Cities of Falcon Heights and Lauderdale • RFP Pursuant to Minnesota Statutes § 16C.05, Subd. 5, Contractor agrees that the books, records, documents, and accounting procedures and practices of the Contractor, that are relevant to the contract or transaction, are subject to examination by the contracting agency and either the legislative auditor or the state auditor, as appropriate, for a minimum of six (6) years. Contractor shall maintain such records for a minimum of six (6) years after final payment. 4. PROPOSAL CONTENT 4.1 Qualifications Section All Proposers must submit a Qualifications Section within their proposals. The Qualifications Section must include information in the following three areas: ♦ General management ability; ♦ Financial stability and strength; and ♦ Bulky waste collection and recycling experience. Unless directly related to the response and referenced in the text, sales brochures shall not be submitted. All submissions will become the property of Cities and will not be returned. The Cities, in their sole discretion, may reject any and all responses and/or issue subsequent requests for qualifications and proposals. This RFP requires Proposers to document their planned arrangements for such refuse processing, either through a transfer station or direct to a mixed MSW resource recovery facility. Proposals must include written certification that adequate processing capacity has been secured with current 2013 and forecasted 2014 tipping fees explicitly listed. The Qualifications Section of each proposal must include the following subsections: 4.1.1 General Management Proposers will be evaluated on the basis of their demonstrated overall management and experience Other management evaluation criteria will include, but will not be limited to the following factors: ♦ Demonstrated successful working relationships with municipalities and/or public solid waste agencies; ♦ Number of similar collection projects within the greater Twin Cities metropolitan area; 4.1.2 Bulky Wastes Collection Experience Proposers will be evaluated on the basis of their demonstrated experience in the collection of bulky waste. Proposers are encouraged to submit references for existing residential collection services, especially under contract to municipalities, to demonstrate their experience and success. Cities of Falcon Heights and Lauderdale • RFP The City may give particular attention to the performance data provided for these reference projects. 4.2 Overview of Services The Proposer shall describe services proposed in response to this RFP. This Overview shall provide sufficient information to demonstrate the Proposer’s clear understanding of the services requested by the City through this RFP. 4.3 Price Proposals All of the proposers proposed prices shall be submitted on Attachment C – Price Worksheet. This form shall be executed by the authorized official to bind the company. 5. PROPOSAL FORMS Responsive proposers must submit all of the following forms as an integral part of their proposals: ♦ Proposal Cover Letter ♦ Attachment B., Certification of Insurance ♦ Attachment C., Price Proposal All forms must be completed and submitted for the proposal to be deemed responsive. . All forms must be executed by an official authorized to bind the Proposer, and must be submitted as part of the proposal. Cities of Falcon Heights and Lauderdale • RFP Cities of Falcon Heights and Lauderdale • RFP Bulky Wastes Collection and Recycling or Disposal Services ATTACHMENT A: DRAFT SERVICE AGREEMENT To be provided when prepared. Cities of Falcon Heights and Lauderdale • RFP ATTACHMENT B: Insurance 6. Insurance. The selected contractor shall provide a certificate of public liability insurance in the amounts specified in this section. The Cities of Falcon Heights and Lauderdale shall be named as “additional insured.” Such insurance policy shall be subject to the approval of the cities. The contractor must also provide a comprehensive general policy of liability insurance with minimum coverages as stated. At a minimum, the insurance shall conform to the following requirements: (a) General liability in the following amounts: (1) Bodily injury, per occurrence, or combined single limit, $1,500,000.00. (2) Property damage, $500,000.00. (b) Auto liability in the following amounts: (1) Property damage or combined single limit, $500,000.00. (2) Bodily injury in the following amounts: a) Per person, $1,000,000.00. b) Per occurrence, $5,000,000.00. (c) Workers Compensation Insurance as specified by the Minnesota Department of Occupational Health and Safety and federal law. In submitting this proposal, I certify that if selected for the Bulky Waste Collection and Recycling or Disposal Services Contract, I will comply with the above Insurance requirements. ___________________________________ Date__________________________ Cities of Falcon Heights and Lauderdale • RFP ATTACHMENT C: Price Worksheet Collection Cost: Per item when 6 or more stops per day ______________ Per item when 5 or fewer stops per day ______________ Recycling Cost: Items with fifty percent (50%) metal or more, less than fifty (50) pounds (E.g. aluminum lawn furniture, lawn mower, dehumidifier, etc.): $ . / item Fifty percent (50%) metal or more, more than fifty (50) pounds (e.g. stove, refrigerator, snow blower, hide-a-bed, etc.): $ . / item Less than fifty percent (50%) metal, less than fifty (50) pounds (e.g. ottoman, wooden chair, etc): $ . / item Less than percent (50%) metal, more than fifty (50) pounds (e.g. sofa, mattress, wooden picnic table, etc): $ . / item Electronic recyclables (e.g. computer, computer monitor, keyboard, VCR, television, etc.): $ . / item Disposal Cost: Per item (with per ton basis) ______________ ______________ REQUEST FOR COUNCIL ACTION The City That Soars! Description Ordinance 13-01 is proposed amending the Falcon Heights zoning code to provide for certain special events by permit. Background Language from 3/27/13 Staff Report In 2012, local business owners approached the City to hold occasional special outdoor events that are not allowed under existing city code. These events would be an extension of their usual operations into parking lot space, with or without a tent. At the request of the City Council, the Planning Commission undertook a study of special event ordinances in other cities and constructed a special event ordinance adapted to the needs and circumstances of Falcon Heights. The proposed ordinance adds to Chapter 113, the Zoning Code, a new Article VI, Division 4, providing for special events by permit (fees to be determined by the City Council) and setting standards for the orderly, compatible and safe use of private property for outdoor public events. Events with attendance less than 150 would be exempted from the permit requirement. The ordinance would not allow special events during the State Fair and one week before and after. A public hearing was held on February 26. There was no comment from the public. Following the hearing, the Planning Commission voted unanimously to recommend adoption of the proposed ordinance. Staff recommends imposing a permit fee of $25.00. Language for 4/10/13 Staff Report At the March 27, 2013, City Council Meeting, Council decided to table Draft Ordinance 13-01 in order to have the Police and Fire Chief’s weigh in with their opinions and thoughts. The attached Draft-Ordinance incorporates their suggestions. City Staff, including the City Administrator, Planning & Zoning Official, Chief of Police, Fire Chief and City Attorney are comfortable recommending this ordinance for approval. The ordinance can be revisited throughout the year and in one year to gauge whether special events are a benefit or detriment to the City of Falcon Heights. Also, Staff would recommend a permit fee of $100.00. Budget Impact N/A Meeting Date April 10, 2013 Agenda Item G1, Policy (Tabled at 3/27/13 Meeting) Attachments Draft-Ordinance 13-01 Special Events Submitted By Deborah Jones, Director of Zoning and Planning Bart Fischer, City Administrator Families, Fields and Fair __________________________ Attachment(s) • Draft Ordinance 13-01 amending Chapter 113 of the City Code Action(s) Requested •Approve adoption of Ordinance 13-01 with the direction to revisit the ordinance throughout the year or in one year to determine its effect on the City. •Approve the addition to the Fee Schedule of a $100.00 special event permit fee. Doc. #169068v.2 RNK: 4/2/2013 1 ORDINANCE NO. 13-01 CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING CHAPTER 113 OF THE CITY CODE CONCERNING SPECIAL EVENTS THE CITY COUNCIL OF THE CITY OF FALCON HEIGHTS ORDAINS: SECTION 1. Section 113-3 of the Falcon Heights City Code is amended by adding the following definitions: APPLICANT means any individual, partnership, corporation, association, society or group seeking and/or receiving a special event permit from the City. OUTDOOR means activity conducted outside of a permanent structure or building. PERSON means any person, association, partnership, firm, business trust, corporation or company. SPECIAL EVENT means any temporary, outdoor privately-sponsored event open to the general public and held on privately owned property except: (1) Any permanent place of worship, stadium, athletic field, arena, theatre, auditorium; (2) Any event conducted on the campus of the University of Minnesota or the grounds of the Minnesota State Fair; (3) Special events or activities sponsored by the City; (4) Family gatherings, including family reunions, graduation parties, baptisms, confirmations, weddings, wedding receptions, funerals and funeral processions; (5) Garage sales and residential boutique sales as regulated in Section 113-174; (6) Block parties and neighborhood meetings; (7) Any event attended by fewer than 150 persons at one time which does not require any Special Services and does not involve the sale of alcohol; Doc. #169068v.2 RNK: 4/2/2013 2 (8) Any event that is otherwise regulated by the City through the use of another regulatory manner, such as an interim use permit or conditional use permit; and (9) The use of traditional public forums as alternative channels of communication by the public, provided that such use is for the free exercise of constitutionally protected activities and does not disrupt or interfere with traffic on public streets or the use of public places by other members of the public. SPECIAL SERVICES means the exclusive allocation of City resources, including, but not limited to, city personnel, equipment, rights-of-way, property or facilities for use in conjunction with a specific event or activity, as requested by the host or sponsor of the event, or as requested by or on behalf of any person attending the event, or deemed necessary by City staff in order to maintain public safety. Special Services shall include, but not be limited to, any of the following: street closures; requiring police officers to stop or reroute traffic; special police protection; stationing emergency vehicles at or in the immediate vicinity of the event; exclusive use of City streets as a staging area or for event parking; additional street cleaning and garbage removal services; special signage, such as temporary no parking signs; the use of any City building, equipment or other property for any purpose other than the normal daily operations of the City; or the City otherwise providing exclusive services. SECTION 2. Chapter 113 of the Falcon Heights City Code is amended by adding Article VI, Division 4 to provide as follows: DIVISION 4 SPECIAL EVENTS 113-400 PURPOSE AND INTENT. The purpose of this Division is to promote the orderly, compatible and safe use of property for special events and to assure adequate provision of parking, traffic, sanitary facilities, utilities, peace and tranquility of residential neighborhoods and safety services. 113-401 PERMIT REQUIRED. No person on or after the effective date of this Division shall conduct or allow to be conducted any special event as defined in this Division without first obtaining a special event permit. No special event may be scheduled during the Minnesota State Fair or for one week prior and one week following the Minnesota State Fair. 113-402 PERMIT STANDARDS. The following standards shall apply to all special events: Doc. #169068v.2 RNK: 4/2/2013 3 (1) Maximum Number of People. The permitee shall not sell tickets to nor permit attendance at the permit location of more than the maximum number of people stated in the special event permit. (2) Sound Equipment. Sound producing equipment, including but not limited to public address systems, radios, phonographs, musical instruments and other recording devices, shall not be operated on the premises of the special event so as to be unreasonably loud or be a nuisance or disturbance to the peace and tranquility of the citizens of Falcon Heights (3) Sanitary Facilities. In accordance with Minnesota State Board of Health regulations and standards, adequate sanitary facilities must be provided which are sufficient to accommodate the projected number of person expected to attend the event. (4) Security. The permitee shall employ at his or her own expense such security personnel as are necessary and sufficient, including off-duty police officers, to provide for the adequate security and protection of the maximum number of persons in attendance at the special event and for the preservation of order and protection of property in and around the event site. No permit shall be issued unless the City’s Police Chief is satisfied that such necessary and sufficient security personnel will be provided by the permitee for the duration of the event. (5) Food Service. If food service is available on the premises, it shall be offered only by a holder of a retail food handler’s license issued by Ramsey County Health Department. (6) Fire Protection. The permitee shall, at his or her own expense, take adequate steps to insure fire protection as determined by the City Fire Chief. (7) Duration of Special Event. Special events are allowed only on the days and hours specified on the permit. Special events must end by 9:00 p.m. and may not commence before 7 a.m. All structures, equipment, displays and refuse must be removed within twenty-four (24) hours of the end time and date specified on the permit. Setting up for the event may commence not more than twenty-four (24) hours before the time and date specified on the permit. No set up or removal activities shall occur between 10:00 p.m. and 7:00 a.m. An event may not exceed two (2) consecutive calendar days and not more than one (1) special event is allowed on a property at a time. There shall be no more than three (3) special events per calendar year per property. However, each tenant in a multi-tenant building shall be permitted one (1) special event per year. Multi-tenant buildings with less than five (5) lease-spaces shall be considered as a single property for purposes of this provision. Doc. #169068v.2 RNK: 4/2/2013 4 (8) Cleanup Plan. The special event applicant is responsible for clean up. Any clean up required by the City may be charged to the applicant. Any City service that requires overtime will be at the expense of the applicant. (9) Accessory Use. The special event must be accessory to or promoting the established permitted or conditional use of the site. (10) Structures. Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on the submitted plan and provided that it is determined by the City Administrator that they will not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site. Temporary structures must be in compliance with applicable statutory and ordinance requirements. (11) Parking. The submitted plan shall clearly demonstrate that adequate parking for the proposed event can and will be provided for the duration of the event. Determination of compliance with this requirement shall be made by the City Administrator, who shall consider the nature of the event and the applicable parking requirements of Article VI, Division 2 of this Chapter. Consideration shall be given to the parking needs and requirements of other occupants in the case of multi-tenant buildings. Parking on local streets is allowed provided that the petitioner arranges for traffic control by off-duty police officers, as approved in writing by the Police Chief, at the petitioner’s expense. If off-street parking on private property not owned by the applicant is to be used for the event, written approval from that property’s owner must be submitted with the permit application. (12) Signage. Signage related to the special event shall be in compliance with the temporary sign standards of Article VII of this Chapter and shall be allowed for the duration of the event. The City Administrator may authorize special signage for purposes of traffic direction and control; the erection and removal of such signage shall be the responsibility of the applicant. (13) Display of Permit. The approved permit shall be displayed on the premises for the duration of the event. (14) Waiver. The City Administrator may grant a waiver from any of the requirements of this Division in any particular case where the applicant can show that strict compliance with this Division would cause exceptional and undue hardship by reason of the nature of the special event or by reason of the fact that the circumstances make the requirement of this Division unnecessary. Such waiver must be granted without detriment to the public health, safety or welfare and without impairing the intent and purpose of these regulations. (15) Insurance. Before the issuance of a permit, the permitee shall obtain public liability insurance and property damage insurance with limits determined by the Doc. #169068v.2 RNK: 4/2/2013 5 City Administrator. Limits for bodily injury and death shall be not less than $1,00,000 for one person and $1,000,000 for each occurrence; limits for property damage shall be not less than $200,000 for each occurrence; or a combination single limit policy of $2,000,000 or more. The City shall be named as an additional insured on the policy on a primary and noncontributory basis. Such insurance shall remain in full force and effect in the specified amounts for the duration of the permit. Evidence of insurance shall include an endorsement to the effect that the insurance company will notify the City Clerk in writing at least ten (10) days before the expiration or cancellation of the insurance. (16) Miscellaneous. Prior to the issuance of a permit, the City Administrator may impose any other conditions reasonably calculated to protect the health, safety and welfare of persons attendant or of the citizens of the City of Falcon Heights. 113-403 APPLICATION PROCEDURES. A written application for a special event permit shall be filed on forms provided by the City with the City Clerk not less than thirty (30) days before the date proposed for holding the special event. The written application shall be signed by the person, persons, or parties conducting the event and shall be accompanied by the fee payable hereunder. Upon submission of an application for a special event permit, City Staff will review the request and advise the applicant of the need for additional information, if any. 113-404 FEES. The fee for a special event license shall be as established by the City Council. 113-405 GRANTING A PERMIT. Permits may be issued by the City Administrator if the Administrator determines the requirements of this Division have been met. If the City Administrator determines the activity does not meet these criteria, such application shall be denied. 113-406 DENIAL OF PERMIT. If the City Administrator denies the permit, the permit applicant may appeal the decision to the City Council by filing a notice of appeal with the City Clerk within ten (10) days. 113-407 TRANSFERABILITY. No permit granted under this Division shall be transferred to any other person or place without consent of the City Administrator, upon written application made therefore. 113-408 ENFORCEMENT AND PENALTIES. Doc. #169068v.2 RNK: 4/2/2013 6 (a) The Police Department and other such officers, employees, or agents as the City Council or City Administrator may designate, shall enforce the provisions of this Division. (b) The holding of a special event in violation of any provision of this Division shall be deemed a public nuisance and may be abated as such. (c) Any person violating any provision of this Division is guilty of a misdemeanor and upon conviction shall be subject to the penalties set forth in Minnesota Statutes. 113-409 REVOCATION OF PERMIT. The permit for a special event may be revoked by the City Administrator for failure to comply with the provisions of this Division and conditions of the permit. The revocation may be appealed to the City Council by filing a written notice of appeal within ten (10) days of the revocation with the City Clerk. ADOPTED this ______ day of _______________, 2013, by the City Council of Falcon Heights, Minnesota. CITY OF FALCON HEIGHTS BY: _______________________________________ Peter Lindstrom, Mayor ATTEST: __________________________________________ Bart Fischer, City Administrator/Clerk