city hall council chambers february 18, 20141e9156b6-ee87-4ade-9bb6-37af3590fa0e...agenda regular...

AGENDA

REGULAR CITY COUNCIL MEETING

New Ulm, Minnesota

City Hall Council ChambersFebruary 18, 2014 - 5: 00 P. M.

1. CONSENT:

a. Consider motion to receive and order filed the report from the Finance

Department regarding sales tax, lodging tax and building permits for theCity of New Ulm.

b. Consider motion to receive and order filed the report from FinanceDepartment regarding financial summary operating results through

January 2014.

C. Consider motion to declare Library technology items as surplus propertyand authorize disposition pursuant to City Code 2. 75 — Subd. 3.

2. LICENSES AND PERMITS:

a. Consider motion approving the issuance of a Lawful Gambling License forConfraternity of Christian Mothers, Cathedral of the Holy Trinity.

3. REPORTS FROM OFFICERS, BOARDS AND COMMISSIONS:

a. Consider moving the start time of the Cable Communications AdvisoryBoard regular meetings from 4: 30 p. m. to 5:00 p. m.

4. OLD BUSINESS:

a. Consider an ordinance amending Section 9. 04 of the City Code of the Cityof New Ulm relative to Zoning in said City.

1) Second reading of Ordinance No. 14 -116, Fourth Series; and

2) Motion to adopt Ordinance No. 14 -116, Fourth Series.

b. Consider motion to address the New Ulm Steel and Recycling noiseissues.

5. NEW BUSINESS:

a. Consider motion approving Appendix K to the City /PUC EmployeePersonnel Policy Manual, which sets forth the required eligibility criteria foremployee coverage under the city's health insurance plan.

b. Consider motion authorizing an extension to the Comcast Cable

Television franchise agreement and authorize staff to begin negotiations

for new, 15 year franchise agreements with Comcast and NU- Telecom.

C. Consider resolution accepting donations offered to the City for the Parkand Recreation Department.

d. Consider resolution approving the recommended 2013 year end transfersand encumbrances.

e. Consider motion to set the date of the Public Hearing on the 2014 Utility, Street and Alley Improvements — Group I Project for Tuesday, March 18, 2014 at 5: 00 P. M.

f. Consider resolution declaring official intent of City of New Ulm toreimburse expenditures with proceeds of Tax Exempt General Obligation

Permanent Improvement Revolving Fund Bonds, Series 2014.

g. Consider resolution approving a Development Agreement with PrairieLand Development, LLP for the property to be platted as Fairhills FifthAddition located at 1306 -1320 Birchwood Drive and 1720 -1911 TurnerRoad.

2

City of New UlmRequest for Council Action

Meeting Date: February 18, 2014 Agenda Item Number: 1 a

Agenda Section: Consent Originating Department: Finance

Resolution: No

Prepared By: Reg VorwerkOrdinance: No

Number of Attachments: One ( 1) Presented By: Reg Vorwerk

Item: motion to receive and order filed the report from the Finance Department

regarding sales tax, lodging tax and building permits for the City ofNew Ulm.

City Manager' s Proposed Action: Motion by Second bypermits for the City ofNew Ulm.

Board /Commission Recommendation:

N/A

Overview:

Indicators are positive.

Primary Issues /Alternatives to Consider: N/A

Budgetary/Fiscal Issues: N/A

Attachments:

1. Graphs of identified indicators

to receive and order filed the report on sales tax, lodging tax and building

Sales Tax Collections

180, 000. 00

160, 000. 00

140, 000. 00

120, 000. 00

100, 000. 00

80, 000. 00

60, 000. 00

40, 000. 00

20,000. 00

04AarcV9

a F¢0 >S

Lodging Tax Collections

14,000. 00

12,000. 00

10,000.00

8,000.00

6, 000.00

4,000.00

2, 000.00

Residential Building Permits5, 000, 000

4,500, 000

4, 000, 000

3, 500, 000

3, 000, 000

2, 500, 000

2, 000, 000

1, 500, 000

1, 000, 000

500, 000

aA A

Fy¢Q O e>o Oe

2012

2013

82014

2012

2013

2014

2012

2013

2014

Excise Tax

6,000. 00 .._.

5, 000. 00

4, 000. 00

3, 000. 00 2012

2, 000. 00 2013

20141, 000. 00

JaiJaia`` p

aA > c¢ J >i

6JSa. Vehicle SalesF0

250

200

150 2012

100 2013

2014

50

i0

JacJa

1a¢ Q. aA > JO¢ > J >A

New Homes

6

42012

32013

202014

1

0

aCJ ¢J pQ er > J >

pJC, O¢

o

Q 5¢Q ' Op O¢

Commercial Building Permits8, 000, 000

7, 000, 000

6, 000, 000

5, 000, 000

4, 000, 000

3, 000, 000

2, 000, 000

1, 000, 000

JackJaCaarcpQcerasS¢ ? O

2012

2013

2014

JatJ


Meeting Date: February 18, 2014 Agenda Item Number: 1 b

Agenda Section: Consent Originating Department: Finance

Resolution: n/a

Prepared By: Reg VorwerkOrdinance: n/ a

Number ofAttachments: 2 Presented By: Reg Vorwerk

Item: motion to receive and order filed the report from Finance Department regardingfinancial summary operating results through January 2014.

City Manager' s Proposed Action: Motion by , second by , to receive report from Finance Department regarding financial summaryoperating results ( unaudited) through January 2014.


n/ a

Overview:

Below is a description of the columns:

Current Budget — this is the most up to date budget including any changes made to dateCurrent Month Ended — this is the actual amount for the current month being reportedYTD Actual — this is the current activity for the whole year being reportedBudget Balance — this is the amount remaining of the current budget compared to the year to date actual

A couple of items to note are that property taxes and LGA are not received by the city until end of June and November orDecember which throws revenue collections way off. Also, most debt payments occur June 1 and December 1 whichskews the debt service funds.

There are many yearend journal entries that still need to be made. The full extent of these entries will not be completelyknown until March.

Lastly, the correct amount of LGA was received in the last week of December.

Primary Issues /Alternatives to Consider: n/ a

Budgetary/Fiscal Issues: n/ a

Attachments:

Operating statements

January Month -End Revenue Report

Taxes

Current Current YTD YTD BudgetFund Fund Name Budget Month Ended Actual Encumbrance Balance

11 OW:

301 General Debt Service Fund 2, 277,046.00 2, 277,046.00

329 TIF RD9 E IeDv,

365 TIF H5 Milts'

391 GO PIRF Bonds 2011

Total Taxes $ 6,390, 572.00 7,333.00 $ 7, 333.00 $ $ 6,383,239.00

Licenses

Current Current YTD YTD Budget

Fund Fund Name Budget Period Actual Encumbrance Balance

HIM y MORON D

Total Licenses $ 210,550.00 41916.25 $ 4,916.25 $ $ 205, 633.75

Page t of 6


Intergovernmental



TOM 1314.. 115,440.

211 Library 15, 382.00 7,041. 00 7, 041. 00 8,341. 00

130.00 130.00

262 Garden Terrace I Fundas

265 Rental Pro erties - - - - -

301 General Debt

Bonds 2013

ON

m_

318 GO Improvement Bonds 2008 - - - -

385 GO PU Rev Ref 2010 A

387 GO Im rovements 20078T

Total Intergovernmental $ 6, 809,206. 00 $ 194,750.39 $ 194,750. 39 $ $ 6, 614,455.61

Page 2 of 6


Charges for Services

Current Current YTD YTD BudgetFund Fund Name Budget Period Actual Encumbrance Balance

700.00

260

520 2010 PI Bonds FundNIA 111

601 Eqw ment Revolvin Fund 71, 571. 84 71, 571 84 71, 571. 84

MM

823 Library Employee Lunchroom 15.00 15.00 ( 15.00)

Total Charges for Services $ 1, 635, 636.00 $ 271, 011. 52 $ 271, 011. 52 $ $ 1, 364,624.48

Fines & Fees


MWMCI KNOW Hsu = 211 Libra _ 11 200.00 593.40 593.40 "' 10, 606.60

Sol

232 DARE Fund 1, 000.00 71. 40 71. 40 928.60


2006

Total Fines & Fees $ 1, 068,917. 00 $ 6, 158. 37 $ 6, 158. 37 $ $ 1, 062, 758.63

Page 3 of 6


Misc. Rev./ Int./ Donations



t ; Ca#tn ti _ HE

211 Library 3, 400.00 150.50 150.50 3.249.50

224 Sales Tax Revenue Fund

Fund Section 8

319 GO Improvement Bonds 2009

329

680 Insurance Trust Fund

NEW 10 _

Imm- 801 Cemete Trust Fund

823 Libra Em to ee Lunchroom -

830 Miscellaneous Affiliated Grou s 400. 00 400.00 4(00.00)

Total Misc. Rev./ int./Donations $ 168, 119.00 $ 9,433. 28 $ 9,433. 28 $ - $ 158,685. 72

Page 4 of 6


Miscellaneous



gg _ -- d € It e' t h, . t; Fj - a s x _.. yF#¢{ F,, , p.. -_ _.. - 3 y, . t a i IIINe= , F tttttl.? a eFFEF(„ INIEIt i@IRIB@@t E43CPE,. a::,.: ,:,, E, —. , fIIII, #3 _ 14 t...! hSINt

Total Miscellaneous $ $ $ - $ - $

Other



301 General Debt Service Fundt

304 GO PIRF Bonds 2014 45,00_0.00 45,000 00

316 GO Improvement Bonds 2006 336,465.00 336,465 00

318 GO Im rovement Bonds 2008 287,400.00 287,400.000

ME

385 GO PU Rev Ref 2010 A

387 GO Im rovements 20076

390 GO PIRF Bonds 2010 392,876.00 392,876 00

swig_,.. 392 GO PIRF Bonds 2012 553,153.00 553, 153.00

Nit503 2013 PI Bonds Fund -

520 2010 PI Bonds Fund

i _ 522 Airport Runway Ext

530 Levee Project

681 Health Insurance Trust Fund

Total Other $ 4,290,748.00 $ $ $ $ 4,290,748.00

Page 5 of 6


Total Revenues Per Fund


211 Libra 709,494.00 8, 001. 30 8, 001. 30 701, 492.70

215 Park & Recreation 3,066,707.00 99,004.02 99, 004.02 2,967, 702.98

224 Sales Tax Revenue Fund 3,557.39 3, 557.39 3, 557.39p

232 DARE Fund 1, 600.00 71. 40 71. 40 1, 528.60

250 Cit R vin Loan Fund 2, 238. 17 2, 238 17 2, 238.17

Iff

252 Small Cities Develo ments - fir

a `': r i r260 Economic Development Authorit Fu€ 148, 105.00 11120.00 1, 120.00 146,985.00

WINE- 263 Garden Terrace II Fund 30,727.47 30, 727.47 30,727.47)

270

Fund

302 GO

66 27,802.66

Q329 TIF RD9 Ea le Dvl

Tair..R

365 TIF HS Milford Hei hits



521 2011 PI Bonds FundG_. R =' liar

523 Airport Primary Runwav

72, 027. 11 72,027. 11

Trust Fund

801 Cemete Trust Fund _ _. _ _.

820 Cit Em b ee Lunchroom - 107.79r

107 79 - ( 107 79)

830 Miscellaneous Affiliated Grou s 400.00 400.00 ( 400.00)

Total Revenue $ 20, 920,097.00 $ 493,602. 81 $ 493,602. 81 $ $ 20, 426, 494. 19

Page 6 of 6

January Month -End Expenditure Report

Personal Services


Fund Fund Name Budget Month Ended Actual Encumbrance Balance

a1 __..


i]3 I211 Library 543,695.00 41, 794.64 41, 794.64 501900.36

fJ ._ ,

I -_ , xtl {€ ' 71? 9 , 3t jj j {„ g

E .: ? r. 8 ' ti MINE- e4Ntll1. 1.,,= , two

215 Park & Recreation 265, 800. 00 6, 374. 45 6, 374. 45 15, 656. 19 243, 769. 36

220 Parking System Fund 62,689.00 4,774.76 4,774. 76 - 57,914. 241p a

IiEe232 DARE Fund 1, 000. 00 11000. 00

IN EEE+ Tip

232 DARE Fund

HE

260 Economic Develo mentAuthont Fu 2, 550. 00 1, 174. 19

r

263 Terrace II Fund 1, 090. 62

252 Small Cities Development

y {"

cNO, i

270 Housin Assistance Fund Section 8 11. 19 ( 11. 19)

260 Economic Development Authod Fup 43,548.00 3, 208. 71 3, 208 71 40,339.29I


601 E ui inert RevoI in Fund

263 Garden Terrace 11 Fund 172.74 172.74 172. 74)

i

270 Housing Assistance Fund Section 8

34. 54 34. 54 34. 54

3, 493. 98 3,493.98 3, 493. 98) i - _ Y iEa9 Qi-

RA YP - T14R f

601quipEquipment Revolvin Fund 147, 311. 00 11, 978 20 11, 978.20 135,332. 80

681 Health Insurance Trust Fund

Total Personal Services $ 7, 908,673. 00 $ 608, 282.44 $ 608,282.44 $ - $ 7, 300,390. 56

Supplies and Materials

Total Supplies & Materials $ 1, 190, 130. 00 $ 77, 970. 47 $ 77, 970. 47 $ 17, 749. 92 $ 1, 094, 409. 61

Page 1 of 5


IWAWOj{j999 {999{ 9393+

211 Library 68,850. 00 3, 169.22 3 169.22 65,680. 78fJ ._ ,

I -_ , xtl {€ ' 71? 9 , 3t jj j {„ g

E .: ? r. 8 ' ti MINE- e4Ntll1. 1.,,= , two

215 Park & Recreation 265, 800. 00 6, 374. 45 6, 374. 45 15, 656. 19 243, 769. 36b +


232 DARE Fund 1, 000. 00 11000. 00

252 Small Cities Develo ment

HE

260 Economic Develo mentAuthont Fu 2, 550. 00 1, 174. 19 1, 174. 19 1, 375. 81

263 Terrace II Fund 1, 090. 62 1, 090.62 1, 090.62) y {"

c NO, i

270 Housin Assistance Fund Section 8 11. 19 11. 19 ( 11. 19)



601 E ui inert RevoI in FundEMU fil'awn' l

24,080. 28 24,080.28 ( 24, 080.28

803 B -L -Ri

823 Libral Em 11 e-" e LunchroomHk _ € H" DWI Fu' a -

34. 54 34. 54 34. 540 it

Total Supplies & Materials $ 1, 190, 130. 00 $ 77, 970. 47 $ 77, 970. 47 $ 17, 749. 92 $ 1, 094, 409. 61

Page 1 of 5


Other Services & Charges

Total Other Services & Charges $ 3, 848, 923. 00 $ 399, 098. 64 $ 399, 098. 64 $ 12, 146. 88 $ 3, 437, 677. 48

Page 2 of 5


u„ s41E € ,..

17, 43. - ,,,,,3,; , a

211 Libra 96,949.00 6, 424. 76 6, 424.76 90,524.24

215 Park & Recreation 940,260.00 61, 427. 74 61, 427.74 12, 146 88 866,685.38I


2 & 232 DARE Fund 5, 350.00 5, 350.00

ate

251 Communi Dev Block Grant Loan Ft

255 Rehabilitation Loan Fund

262 Garden Terrace I Fund 19,429.87 19,429. 87 19,429.87

265 Rental Pro erties

272 Public Housing Fund 656. 52) ( 656. 52) 656.52

goal r

302 GO Ref Sales Taxs


317 GO Im rovement Bonds 2007r,


329 TIF RD9 Ea le Dvl ) 43 09 43 09 ( 43. 091

365 TIF H5 Milford Hei hts

x.

386 GO IMP Bonds 2007 B TIF

389 GO Ref PIRF Bonds 09 B


a itiwii

502 2012 PI Bonds Fundq



523 Air ort Primary Runwam

601 E ui ment Revolvin Fund 1, 802.00 39 976 98 39 976. 98 38, 174. 98

ME680 Insurance Trust Fund

803 B -L -R

823 Library Em to ee Lunchroom

850 New Ulm Firefighter Fund

Total Other Services & Charges $ 3, 848, 923. 00 $ 399, 098. 64 $ 399, 098. 64 $ 12, 146. 88 $ 3, 437, 677. 48

Page 2 of 5


Capital Outlay

830 Miscellaneous Affiliated Groups

Total Capital Outlay $ 719, 200. 00 $ 283, 730. 60 $ 283, 730. 60 $ 76, 549. 02 $ 358, 920. 38

Debt Service

Current Current YTD

Fund Fund Name Budget Period Actual

MH M211 Library

250 Citv Revolvina Loan Fund

YTD Budget

Encumbrance Balance

260 Economic Development Authority Fu 7, 753. 00



101: GeneralFunill li rte

521 2011 P! Bonds Fund

211 Library

a

7r r r„ rX331111? , h w _

212 Library Bc3 _

t' i. Levee Proleaits

it

215 Park & Recreation 525,200.00


40 800.00 484,400. 00

220' Parr Ia224 Sales Tax Revenue Fund

350. 104. 00

DA .. t ij33 s

Si3 H3j§iI& 1 Er0i rL.

250 City Revolving Loan Fundveldpment Authon i, Ali. "

26.2 Garden Terrace I Fundmil

Mumma272 Public Housin Fund

etal l;mpra f nd+

530 Levee Proiect

830 Miscellaneous Affiliated Groups

Total Capital Outlay $ 719, 200. 00 $ 283, 730. 60 $ 283, 730. 60 $ 76, 549. 02 $ 358, 920. 38

Debt Service

Current Current YTD

Fund Fund Name Budget Period Actual

MH M211 Library

250 Citv Revolvina Loan Fund

YTD Budget

Encumbrance Balance

260 Economic Development Authority Fu 7, 753. 00

469, 950. 00

7, 753. 00a3 fflmmi

263 Garden Terrace II Fund 1, 328.63 1, 328.63 1, 328.63

tal Properties

270 Housing Assistance Fund Section 8


a

7r r r„ rX331111? , h w _

c - S1li290 Capital Im rovement Fund

t' i. Levee Proleaits

r-

302 GO _Ref Sales Tax 682,020.00 682,020. 00

304 GO PIRF Bonds 2014 45,000.00 45,000. 00

317 GO Improvement Bonds 2007 350. 104.00 350. 104. 00


386 GO IMP Bonds 2007 B TIF 61, 766.00

Ref PIRF Bonds 09 B

391 GO PIRF Bonds 2011 469,950.00 469, 950. 00

WX502 2012 PI Bonds Fund

v.

5031 s Fund ._, lu „ Et ,` ... k =„ T


520 2010 Pl' Bonds F 1, gl'


522 Airport Runway Ext '. 7r r r„ r

X331111? , h w _

523 Airport Runwa

t'i. Levee Proleaits 1 ' ° I€ r.,..; , 823 Library Employee Lunchroom

Total Debt Service $ 3, 812, 049. 00 $ 1, 328. 63 $ 1, 328. 63 $ - $ 3, 810, 720. 37

Page 3 of 5


Transfers

Total Transfers $ 3, 410,453. 00 $ - $ $ $ 3, 410,453. 00

Sinkina Fund

Total Sinking Fund $ 354, 600. 00 $ - $ - $ - $ 354, 600. 00

Page 4of5


F i —t„., a3 € ttu,... r. L?i

111 .. Ju M9( I TfH 4 { i 3 ' tl E , nt n .„

83+r { a:. htS RIF%=

7 t} _

d{ i 9 Wia7.9 h . € .: [ i_- { 7 # —

i., r -i, ., :, 3as ai .. i. [,`{ f. ii"'( . a... t — '.

Total Sinking Fund $ 354, 600. 00 $ - $ - $ - $ 354, 600. 00

Page 4of5


Total Expenditures by Fund



211 Library 709,494_.00 51, 388.62 51, 388.62 658, 105.38

212 Library Boafda 111 , .: 1 t3t4 k ( teiiai9i, , „ 215 Park & Recreation 3, 281 707 00 179,755.64 179,755.64 68,603.07 3, 033,348.29

220 Parking System FIJI I _:- r € € o


231 Reward Fund tjs# - 7 i` t aa4' d I :

IiIIN , --

232 DARE Fund 6, 350.00 6, 350. 00

233 Consolidateri Police

250 City Revolving Loan Fund251 Commur

n ;,(

I ,

252 Small Cities Development

260 Economic Development Authorit Fu 163,307.00 6, 325. 03 6,325.03 156, 981. 97

263 Garden Terrace II Fund 19, 678. 98 19, 678.98 19, 678. 98r.

270 Housing Assistance Fund Section 8 30,913. 58 30,913 58 30,913. 58

k i'-; s

Vim- 290 Ca ital Improvement Fund 379,600.00 - - 379,600. 00

302 GO Ref Sales Tax 682,020.00 682,020. 00

xT _ - - 304 GO PIRF Bonds 2014 45,000.00 45,000. 00

317 GO Improvement Bonds 2007 3.50 104 00 350, 104.00

xnpovement' iBorn319 GO Improvement Bonds 2009 252, 685.00 252,685. 00

3 MME—

329 TIF RD9 ( Eagle Dvlp) 43.09 43.09

idge_ on. NOW

43. 09

365 TIF H5 ( Milford Hei hts

367 TIF H7 Winkleman #3) 4p

3.86 GO IMP Bonds 2007 B TIF 61, 766.00 61, 766. 00

iiprovements 20078• 389 GO Ref PIRF Bonds 09 B

X010 q4WINNNOW391 GO PIRF Bonds 2011 469 950.00 469, 950. 00

1012•;... a t ";,s502 2012 PI Bonds Fund


520 2070't s Fin521 2011 PI Bonds Fund

Airport Runway Ext523 Airport Primary Runway

Levee Pjeet

601 Equipment Revolving Fund 149 113.00 354,203.81 354,203.81 4 184. 16 209,274.97

605 Computer Revolving Fu , I

680 Insurance Trust Fund

681 Health Insurance Trus _ 801 Cemetery Trust Fund

owm

820 Cd Employee Lunchroom 94. 18 94. 18 94. 18

ry Employee' Lun830 Miscellaneous Affiliated Groups 203.07 203 07 X203 07

u fir hter Fund , Fg ,: - -

Total Expenditures $ 21, 244, 028. 00 $ 1, 370,410. 78 $ 1, 370,410.78 $ 106,445. 82 $ 19, 767, 171. 40

Page 5 of 5

City ofNew UlmRequest for Council Action

Meeting Date: February 18, 2014 Agenda Item Number: 1 c

Agenda Section: Consent Originating Department: Library

Resolution: N/A

Prepared By: Kris Wiley, Asst. DirectorOrdinance: N/A

Number of Attachments: One ( 1) Presented By: Larry Hlaysa, Director

Item: motion to declare Library technology items as surplus property and authorizedisposition pursuant to City Code 2. 75 — Subd. 3.

City Manager' s Proposed Action: Motion by and Second by declaring Library technology items as surplus propertyand authorize disposition pursuant to City Code 2. 75 — Subd. 3.


At the New Ulm Public Library Board' s January 9, 2014, meeting, the Board approved a recommendation to the CityCouncil to declare items on the attached list from the Library Department as surplus pursuant to City Code 2. 75 – Subd. 3.

Overview:

This is the department' s continuing effort to " clean house." These are old, outdated, dilapidated, broken and/ or unneeded

technology items currently in basement storage. A complete listing of the items is attached and a list with photos of theitems is also available. Most of these items will be recycled. The Library Board approved the use of three older e- readersas prizes in a reading program.

Primary Issues /Alternatives to Consider: As refuse accumulates over time, our storage space fills up and becomes clogged with it. None of these items haveresidual value to the Library or to the City.

Budgetary/Fiscal Issues: Any revenue generated from disposition of the items will be deposited into account # 211- 45500 -36501 LibraryDepartment Revenues Donations Misc. However, most of these items will be recycled and there is no expectation of anyrevenues being generated.

Attachments:

List of items.

LIBRARY SURPLUS EQUIPMENT AND FURNITURE 22- Jan -14

DESCRIPTION QTY

1 Dell monitor 1

2 HP 1740 monitor, ca. 2004 3

3 Compaq 5017 monitor, pre -2002 1

4 Compaq TFT5015 monitor, 2002 3

5 Compaq keyboard, ca. 2001 -02 2

6 HP keyboard, ca. 2004 1

7 Userful multimedia keyboard, 2009 7

Compaq Evo N800C laptop with peripheral components, Age -2003; 8 purchased /used in 2006 1

9 SecureBack security case for iPad, lock not included, 2012 1

10 Kindle E- reader, 2010 2

11 Gateway server, ca. 2001 1

12 Compaq computers, ca. 2002 -04 11

13 Back -UPS Pro 280 backup power system and assorted cords 1

14 Projector, probably pre -2000 1

15 HP 1702 monitor, ca. 2004 1

16 HP deskjet 5440 printer, ca. 2005 1

17 Hub, ca. 2004 2

18 NOOK Color, 2010 2

k1w1140122



Agenda Section: Licenses and Permits Originating Department: Finance Department

Resolution: N/A

Prepared By: Kim Seifert SamuelsonOrdinance: N/A

Number of Attachments: N/A Presented By: Reg Vorwerk

Item: motion approving the issuance of a Lawful Gambling License for Confraternity ofChristian Mothers, Cathedral of the Holy Trinity.

City Manager' s Proposed Action: Motion by Seconded by approving the issuance of a Lawful Gambling License forConfraternity of Christian Mothers, Cathedral of the Holy Trinity, 605 North State Street, New Ulm, MN to conductbingo gambling at Leifeld Hall on Sunday, March 9, 2014 and Sunday, September 21, 2014.

Board /Commission Recommendation: N/A

Overview:

N/A



Attachments:

N/A



Agenda Section: Reports from Officers,

Boards and Commissions Originating Department: NUCAT

Resolution: N/A

Prepared By: Community Cable AccessCoordinatorOrdinance: N/A

Number ofAttachments: N/A Presented By: City Manager

Item: moving the start time of the Cable Communications Advisory Board regularmeetings from 4: 30 p.m. to 5: 00 p.m.

City Manager' s Proposed Action: Motion by , second by , to move the start time of the Cable Communications Advisory Boardregular meetings from 4: 30 p.m. to 5: 00 p.m.


The Cable Communications Advisory Board met on February 5, 2014 and recommends moving the start time of futureregular meetings.

Overview:

Some board members expressed an interest in moving the start time as it would make it easier for them to attend meetingsdue to their schedules.



Attachments:

N/A


Meeting Date: February 18, 2014 Agenda Item Number: 4 a ( 1) & ( 2)

Agenda Section: Old Business Originating Department: City Attorney

Resolution: N/A

Prepared By: Kim Seifert SamuelsonOrdinance: Yes

Number of Attachments: 2 Presented By: Hugh Nierengarten

Consider an ordinance amending Section 9.04 of the City Code of the City of New Ulm

Item: to Zoning in said City. 1) Second reading of Ordinance No. 14 -116, Fourth Series; and2 Motion to adopt Ordinance No. 14 -116, Fourth Series.

City Manager' s Proposed Action: Motion by Second by adopting Ordinance No. 14 -116, Fourth Series, amendingSection 9.04 of the City Code of the City of New Ulm relative to Zoning in said City.


Overview:

Primary Issues /Alternatives to Consider: Amend Ordinance as recommended.


Attachments:

1. Amend Ordinance No. 14 -1162. Zoning Map

ORDINANCE NO. 14 -116, FOURTH SERIES

CITY OF NEW ULM, BROWN COUNTY, MINNESOTA

AN ORDINANCE AMENDING SECTION 9.04 OF THE CITY CODE OF THE CITY OFNEW ULM RELATIVE TO ZONING IN SAID CITY.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEW ULM:

SECTION I. That the zoning map referenced in subdivision 2 of Section 9.04 of the CityCode of the City of New Ulm is hereby amended as follows:

The following- described property, heretofore zoned R -A ( Agricultural Residence

District), is hereby redesignated and rezoned to R -1 ( Single Family Residence District):

That part of Lot 2, Auditor's Plat of the Balance of Lot 2, Northeast Quarter of the

Northeast Quarter of Section 24, Township 110, Range 31 West, Brown County, Minnesota, described as: Commencing at the southeast corner of Lot 2, of saidAuditor's Plat of Balance of Lot 2, the same being the southeast corner of OutlotB, Maplewood Drive First Addition, according to the plats thereof on file and ofrecord with the Brown County Recorder; thence North 00 degrees 20 minutes 51seconds East, ( Minnesota County Coordinate System, Brown County Zone - NAD83 - 1996) along the east line of said Lot 2, the same being the east line ofOutlot B, Maplewood Drive First Addition, and its northerly extension, a distanceof 270. 10 feet to the point of intersection with the northerly right of way line ofMaplewood Drive, according to the plat of Maplewood Drive First Addition, saidpoint being the point of beginning; thence South 85 degrees 42 minutes 29

seconds West, along said northerly line, 47. 13 feet to the point of curvature of acircular curve to the left; thence southwesterly along a 1140. 00 foot radius curve, central angle = 21 degrees 13 minutes 36 seconds, an arc distance of 422.34

feet to the southeasterly corner of Sarah Hills Second Addition, according to theplat thereof on file and of record with the Brown County Recorder; thence North19 degrees 14 minutes 08 seconds West, along the easterly line of said SarahHills Second Addition, 142. 89 feet; thence North 50 degrees 23 minutes 39

seconds West, along the northeasterly line of said Sarah Hills Second Addition, 93.96 feet; thence North 89 degrees 45 minutes 59 seconds West, along thenortherly line of said Sarah Hills Second Addition, 182.00 feet; thence North 00degrees 14 minutes 01 seconds East, 125. 00 feet to the point of intersection withthe south line of the North 60. 00 feet of Lot 2, Auditor's Plat of Balance of Lot 2,

Northeast Quarter of the Northeast Quarter of Section 24 Township 110 NorthRange 31 West; thence South 89 degrees 45 minutes 59 seconds East, alongsaid south line, 755. 00 feet to the point of intersection with the east line of said

Lot 2; thence South 00 degrees 20 minutes 51 seconds West, along said eastline, 205.93 feet to the point of beginning.

Page 1 of 2

SECTION II. That this ordinance shall take effect and shall be in force 30 days from and

after its adoption, approval, and publication.

Adopted by the City Council of the City of New Ulm this18th

day of February, 2014.

President of the City CouncilAttest:

Finance Director

Approved by the Mayor of the City of New Ulm this18th

day of February, 2014.

Mayor

Page 2 of 2

ZONING /LOCATION MAP



Agenda Section: Old Business Originating Department: Administration

Resolution: NO

Prepared By: City ManagerOrdinance: NO

Number of Attachments: Two (2) Presented By: City Manager

Item: Consider motion to address the New Ulm Steel and Recycling noise issues.

City Manager' s Proposed Action: Moved by Second by to


N/A

Overview:

This report was requested by the City Council after hearing complaints about noise /explosions occurring at the New UlmSteel and Recycling (NUSR) facility located at 218 19th South Street, New Ulm, MN, ordering compliance testing fornoise, and determining that the noise above 400 Hertz was not in compliance with the City Code.

The attached staff report includes 10 categories of information. Staff tried to meet with operators of shredders, but was

only able to have a partial tour of the Minneapolis operation. Other operators declined to speak with staff.

A staff conclusion report is also attached.

UPDATE:

Staff met with Mr. Josh Luneburg in February to discuss the current operation of New Ulm Steel and Recycling. Mr. Luneburg reported that he agrees four (4) large explosions have occurred since beginning operations, and that he andhis suppliers are working toward zero ( 0) explosions. Smaller explosions may have occurred but were not noticed. He has been waiting to construct the eight (8) foot tall fence surrounding his property in case another alternative comes upin these discussions.

He has suggested that a ten ( 10) or twelve ( 12) foot fence could be installed at the same location as the proposed eight (8)

foot tall fence, if it is determined that it may help the noise problem. He stated that if special neighborhood events are brought to his attention, he is willing to shut down the shredder for thatevent.

Mr. Luneburg did report that he had received a call of loud noises coming from his operation from a neighbor, but theshredder was not in operation. Many non - shredder activities are still very noisy due to the large equipment used and thematerials he processes.

He has constructed and will install a new containment structure, primarily for operational benefits, but it also helps withpotential flying metal debris when the weather warms up.

Primary Issues /Alternatives to Consider: NOISE:

At frequencies below 400 Hertz, the dBA measurement was found to be in compliance with the New Ulm noise

ordinance. Frequencies above 400 Hertz resulted in the dBA measurement exceeding the allowable limit as set out in CityCode Section 9. 12 Subd. 8, B, 2. Noise.

VIBRATIONS:

The ground vibrations were determined not to be out of compliance with City Code.

Noise/Vibrations felt through the air will be present, through explosions when they occur, or through normal operation ofthe yard equipment and shredder.

EXPLOSIONS:

Accidental explosions are regulated by 9. 12 Subd. 8, B, 10precautions against fire and explosion hazards.

Hazard. Every operation shall be carried on with reasonable

This language recognizes that explosions are accidents, not desired by either the operation or the community, and thebusiness is operating in ways to eliminate or reduce them to the bare minimum number through reasonable precautions, whatever those reasonable precautions might be for that specific business. Mr. Luneburg is in compliance with theexisting ordinance, even though some explosions may occur from time to time.

FLYING DEBRIS:

The current containment structure seems to be helping reduce the potential of flying debris leaving the property.

OPTIONS:

The City Council could make a determination of non - compliance and require NUSR to meet the City Code noiseregulation.

The City Council could modify the City Code Section 9. 12 if it is found not to be a reasonable regulation.


Attachments:

1. Report

2. Conclusions of staff

r

Si0

Documents Related to the New Ulm Steel and Recycling Shredder Issue

Rio. Document

1 Memo dated May 2, 2013 from City ofNew Ulm Building Official to City Manager re: Operations and investieation on the Anril 25. 2013. incident at New Ulm Steel and Recycling

2 I New Ulm Police Department Incident Report: Explosion at New Ulm Steel and Recycling, Oct. 4. 2013

1 5 1 Locations of Steel Shredders in Minnesota

Site visit report: Alter Metal Recycling, Anoka

6 1 Site visit report: Gerdau Ameristeel, St. Paul

Site visit report: Northern Metal Recycling, Minneapolis/St. Paul

Anoka Zoning Map: Location ofAlter Metal Recycling

7Brainerd Zoning Map: Location of Crow Wing Recyc

St. Paul Zoning Map: Location of Gerdau Ameristeel

St. Paul Zoning Map: Location ofNorthern Metal Recycling

8News article, "Political noise dies as metal shredder does its job," June 7, 2010

News article, "City !aroves new rules for industrial properties," April 8, 2009

Anoka City Code, Chapter 38, Environmental, Section 38 -1, Unreasonable Noise

Brainerd City Council Minutes, Crow Wing Recycling, Sound Monitoring Results

Brainerd City Code, Section 2014, Noise Related Issues9

Public Safety and Regulatory Services Committee, Environmental Management and SafetyStaff Report, Chapter 389, Noise

Minneapolis City Code, sections that deal with environmental noise

St. Paul City Code, sections that deal with environmental noise

10 1 New Ulm Steel & Recycling Report

11 -21 -13

r

4•

City ofNew UlmDepartment ofBuilding SafetyTelephone: ( 507) 359 -8245

Fax: (507) 359 -9752

Web Site: www.ci.newulm.mn.us

Building Official100 North BroadwayNew Ulm, Minnesota 56073

Email: dave.christi= @ci.new-uImnm.us

TO: New Ulm City CouncilFROM: Dave Christian, Building OfficialDATE: November 4, 2013

RE: New Ulm Steel & Recycling Inc.

As per the City Council' s July 16, 2013 request, staff was directed to research four other metalshredding operations located in Minnesota. Staff has prepared the documents for distribution tothe City Council.

To summarize the information might be a little difficult. To understand the collected data, onehas to read the entire document. You will also find police and fire reports. Staff believes NewUlm Steel has had five explosions, but only two were documented.

Staff spoke with a few of the residents located in the area. Most are very reluctant to go onrecord. Council had heard from some of the citizens at their September 3, 2013 meeting.

DATE: May 2, 2013

City ofNew UlmDepartment ofBuilding SafetyTelephone: ( 507) 359 -8245

Fax ( 507) 359 -9752

www.ci.newulm.mn.us

Building Official100 North BroadwayNew Ulm, Minnesota 56073

[email protected] ulm.mn.us

TO: Brian Gramentz, City ManagerFROM: Dave Christian, Building OfficialRE: Operations and investigation on the April 25 incident at New Ulm Steel and

Recycling Center, 218 19th South Street

On April 30, 2013, inspections technician Ellwood Zabel and I visited with Josh Luneburg, the

owner of New Ulm Steel and Recycling. Rocky Bernard, an employee of New Ulm Steel, wasalso in attendance.

Incident

The first question asked of Mr. Luneburg was, " What happened on April 25 at around 11: 30a.m. ?" Mr. Luneburg referred the question to Mr. Bernard. He was the employee operating theshredder when the explosion happened. Mr. Bernard informed us that a crushed vehicle went

through the shredder, and apparently gasoline was still in the fuel tank. This caused the explosionat the facility.

During the event, a small ball of fire erupted from the shredding chamber. Leftover residue wasmomentarily on fire on the conveyor belt. This was the extent of the impact of the explosion. Mr. Bernard stated that the fire blew itself out.

During the incident, a call was made to the PUC Gas Department. Paul Macho was the recipientof the phone call. He directed the individual to call 911. Apparently, the Fare Department waspaged and then called off. Tom Romaine, 2°d Assistant Chief for the NUFD, appeared on site. Acopy of his report is attached.

Prevention

I asked Mr. Luneburg _what, if any, safety policies or procedures are in place or will be put intoplace to prevent this type of incident from happening again. Mr. Luneburg stated that vehicleswill no longer be accepted at the facility unless their fuel tanks are removed or flattened prior tobeing processed. He is considering the establishment of a policy to fine vendors and supplierswhen vehicles or tanks are delivered to New Ulm Steel without fast being properly prepared forshredding and disposal.

Flying Debris from Shredder OperationAt present, no reports or complaints have been received of debris being thrown out while themachine was in operation or as a result of the explosion. Mr. Bernard informed us that an

I

Mr. Brian Grainentz Page 2 May 2, 2013

updated barrier will be installed in three to four weeks over the shredder area to make it virtuallyimpossible for any metal objects to become airborne while the machine is operating. A waterinjection system is also being researched for installation.

Status of Certificate of OccupancvMr. Luneburg and manager Rocky Bernard were reminded to provide the InspectionsDepartment with the As- Builts of the new building housing the shredder operations. The As- Builts will be provided by a registered engineer. Once a Certificate of Occupancy is issued, thestructure is in compliance with the Minnesota State Building Code.

UL Listing_Equinment StatusA complete report containing the UL listing equipment status is available. The cover letter of thisreport is dated April 8, 2013. The UL listing certifies that the electrical equipment is installedand functioning properly.

Stack and Emission Testing

Mr. Luneburg informed staff that the firm of Wenck Associates Inc. was overseeing PaceAnalytical Services Inc. on the testing. A report will be filed within 30 days. New Ulm Steelreceived a verbal notification from Pace that the new equipment is within the acceptable range.

Mr. Luneburg was informed that his firm needs to practice all safety procedures and policies. Ifan event of this nature happens again, further action will be taken.

New Ulm Police Department

Incident Report

Case #: 13007438

Nature of Report: information Date Reported: 10/4/2013

lime Reported: 1503

Incident Location: 21819th South New Ulm, MN 56073New Ulm Steel & Recycling

Incident Date: 10/4/ 2013 Incident Tithe: 1503 .

Complainant Name: Daniel James windschitlDOB: 07/25/ 1972

Address: 1701 South valley StreetNew Ulm, MN 56073

Telephone #: 507) 276 -5865

0MCer(S) Assigned: Fleck, Kalow, Backer

Synopsis: Explosion at New Ulm Steel & Recycling

Person(s) Involved:

Name1DOB: Bruce Allen Wahistrom/1) OB: 10/28/1958 Address: 1709 South Valley Street New Ulm, MN 56073 Phone #: (507) 3543469

Joshua Lee Luneberg/DOB: 1211YI981 Owner: New Ulm Steel & Recycling

Narrative: On October 4, 2013 at approximately 1503 hours, NUPD, was dispatched to New Ulm SteelRecycling for a reported explosion. Brown County Dispatch stated they had received several 911 calls

after the explosion. While in route Dispatch also notified NUPD of a stalled vehicle on 20" South and

Broadway Street that had an explosion. Corporal Backer and Sgt. Kalow responded to the stalled vehicleand I, Officer Fleck, responded to New Ulm Steel & Recycling. The fire department was also dispatchedand responded to these calls.

Upon arrival to New Ulm Steel & Recycling I spoke with several people inside their main office, including the owner, Joshua Luneberg. I asked if there had been an explosion and they told me that therehad been in their shredder. I was also told that everyone was all right and there was no damage done fromthe explosion. I then cleared from New Ulm Steel & Recycling.

I then went to 1701 South Valley Street to speak with the complainant, Daniel Windschid. Alsopresent during this time was the homeowner who resides at 1709 South Valley Street. He was identifiedas Bruce Wahlstrom. In speaking with both homeowners they described the explosion from New UlmSteel & Recycling as a big explosion that shook both of their houses. Daniel Windschid stated three of thepictures inside his house fell down. Bruce Wahlstrom stated he has taken everything off of his walls dueto past explosions in which items fell down. Bruce Wahlstrom also said that his windows shook veryviolently due to the explosion.

I told both Bruce Wahlstrom and Daniel Windschitl that I would write a report and forward it to

the City Manager. Both stated they understood. It should be noted that Sgt. Kalow spoke with the driverof the stalled vehicle on 2& South and Broadway Street. This driver reported to him that his vehicle hadbackfired. It is apparent the 911 calls were generated because of New Ulm Steel & Recycling.

End of Report* **

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New Ulm FD dispatched by Brown Co. LEC to a reported explosion at River Valley Power Equipment, 1900 South Valley St., with unknown fire or injuries. F21, F22, E31, T70, E10 cheated in and were told by Brown Co. LEC that explosion had happened in New Ulm Steel and Recycling shredder. New UlmSteel reported no fee or injuries. F21 requested clarification. Brawn Co. LEC responded to cancel the call. F21 requested a re-page. F22 corOnueq toscene and spoke with Josh Luneburg, owner. Luneburg stated that there had been an explosion contained in the shredder and there was no & a ordamage. Elwood Zabel, buMft Inspector, received 2 complaints that he followed up later In the day.

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Maria Hughes

From: Dave ChristianSent: Wednesday, September 04, 201312:48 PMTo: Maria HughesSubject: FW: N. U. SteelAttachments: ATT26463.gif

Original Message--- -

From: Brian Gramentz

Sent: Wednesday, September 04, 201311:47 AMTo: Dave ChristianSubject: FW: N. U. Steel

For the file.

BG

Original Message--- -

From: Ruth Ann Webster

Sent: Tuesday, September 03, 2013 9:46 PMTo: Brian GramentzSubject: FW: N. U. Steel

Original Message- - From: rsmartin1(& mmm.com Imailto: rsmartln1b- mmm.com1

Sent: Tue 9/3/2013 2: 16 PMTo: Ruth Ann Webster

Cc: charies schmitz - yahoo.com

Subject: N. U. Steel

Ruth Ann & Charles

I live at 1601 South Minnesota St.

I would like to bring a concern to your attention concerning the noise at New Ulm Steel. I work at day job and usually don't hear any of the noise because I am at work by 6:30 am but on occasion Iwill hear it when they run it into the evening as late as 7:45 pm. On Thursday Aug 291 was at home with a sick child, 1 was awakened by the excessive noise at 6:15 in themorning. I would hope that boundaries are set for the hours of operation unless the noise levels are well below whatthey are now.

My concern for the future is if I go back to a rotating shift, I would not be able to sleep in my own bed with outwearing ear - plugs. Another concern I have is when I decide to sell my home, no one will want to live in the area with that amountof noise, thus driving down the value of my home and others in the area.

If you have any questions for me please feel free to email me, or call me. My contact information is listed below.

I am willing to help with anything that is needed. Thank you

email: rsmartinib-mmm.com

cell: 507 - 276 -5193home: 359 -7414

Ross S. Martin I Customer Service Coordinator3M Electrical Markets Division

3M, Building 1, 1700 N Minnesota St I New Ulm, MN 56073Office: 507 359 0246 1 Fax: 507 359 0550rsmartinl0mmm.com I www.3M.com

Locations of Steel Shredders in Minnesota

10 - 17 - 13

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Anoka Alter Metal Recycling M -2 General Industrial

2905 N Ferry StreetAnoka, MN 55303

763 - 421 -1187

www.altermetairecycling.comBrainerd Crow Wing Re!;ycling I -2 General Industrial

714 Industrial Park Rd. SW

Brainerd MN 56401

218- 828 -0048

www.crowwingrecycling.comMinneapolis Northern Metal Recycling I2 General Industrial

www.northemmetairecycling.com

Shredding Facility: 2800 Pacific St.

612- 363 -8430

Site Manager.

Jeff Popovich, 612 - 529 -9221

[email protected]

Corporate Office:

521 Barge Channel Rd

Saint Paul MN 55107

651- 224 -4877

St. Paul Gerdau Ameristeel 12 General Industrial

1678 Red Rock Rd

St. Paul MN 55119

651- 731 -5600

www.gerdauameristeel.com

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October 30, 2013

Site visit to:

Alter Metal Recycling

2905 North Ferry Street

Anoka, MN 55303

763 -421 -1187

Site contact: Warren

The Alter facility is located adjacent to the Fair grounds, a river, industrial zoned areas and residential

zoned areas. The residential property is butted right up to the back fence of the facility, approximately800 feet from the shredder. The residential area is adjacent to less than 25% of the parcel.

We scheduled a visit with Warren, but he cancelled out 45 minutes before we were to meet. This

occurred about an hour after we were asked to leave the Northern Metal Recycling facility.

The operation is very similar to the New Ulm Steel and recycling facility. There are train tucks that runadjacent to and serve the property. The residential area is located approximately the same distancefrom the shredder. We did take a few pictures of the operation. The noise was very similar to what we

experienced in New Ulm.

Brian Gramentz

Ellwood Zabel

October 30, 2013

Site Visit to:

Gerdau Ameristeel

1678 Red Rock Road

St. Paul, MN 55119

651- 731 -5600

Plant manager: Rogerio Turatti

The operation is in a heavy industrial area, with neighbors like Excel Energy and the Gerdau grainterminal. Very heavy truck traffic was in the area due to grain transfer operations. The recycling

operation is adjacent to rail road tracks and Highway 61. A residential area is located approximately1,300 feet away on the opposite side of the train tracks and Highway 61.

We did take a few pictures from the street, noticed the shredder and operational noise was very similar

to New Ulm Steel and Recycling setup and noise. We were parked on the street, located approximatelythe same distance from the shredder as we would have been in New Ulm.

Due to a Gerdau Corporate visit to the plant, there was no one to talk with, and they had discontinuedtours of their operation years ago. This would have been a good location to meet with someone in

management, given they are located in 25 states and +30 countries with their operations. Although I

suspect that they are not all recycling centers with a shredder in operation, as stated earlier, they also

operated a grain terminal adjacent to the recycling operation.

Brian Gramentz

Ellwood Zabel

October 30, 2013

Site visit to:

Northern Metal and Recycling

2800 Pack Street

St. Paul, MN 55107

612 -529 -9221

Plant Manager: Jeff Popovich

Northern Metal and Recycling is located in a very industrialized area. large industrial buildings surround

it, except for the side adjacent to the river. Two blocks away from the river is the 1 - 94 corridor. Mr. Popovich was unavailable due to being out of town, but the staff did take the time to discuss operationalnoise and explosion issues with us. We toured the shredder, and after our guide received a telephone

call, were escorted out of the facility. It seems they had a change of heart in discussing their operations.

What we learned: Explosions can be reduced, but not eliminated. The key as they put it was to turn

over their materials 3 times so any items would be exposed to the three inspectors who are in charge of

picking out potential explosion items. The shredder operator monitors the input and also is responsible

for identifying objects that could cause an explosion. They also have a hydraulic cutter than can open upmaterials to search for things such as fuel tanks, then, cut them apart so there is no potential of

explosion. Their goal is zero (0) explosions, but they acknowledge that they do have about 2 -3explosions a year.

Their operation is housed inside a building. The potential for explosion is more hazardous to them thanan outside operation. They did note that they left one door open at all times, possibly for the chance of

an explosion to allow the blast to go someplace instead of staying inside the building. You could not

hear the shredder from outside the building. In addition, the shredder operational noise within thebuilding was of a very low frequency as compared to the exterior areas dropping of metal loads and

transfer of metal into the shredder. The outside noise was of a much higher frequency.

Exterior noise was a concern, as they piiec` materials on the river side of the facility to help block noise

from crossing the river to the residential area. They stated that they still received a few complaints dueto operational noise. They also lubricated with water or grease all moving parts to eliminate as much

exterior crane loading and conveyor machine noise as possible.

Brian Gramentz

Ellwood Zabel

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Political noise dies as metal shredderdoes its job

Article by: STEVE BRANDTStar Tribune

June 7, 2010 - 9:35 PM

Step inside the building that houses a massive metal shredder onthe upper riveffront of Minneapolis, and earplugs are mandatory.

Concerns that the noise would rattle nearby neighborhoods caused20 years of controversy, which came to be defined by theimposing - sounding brand name of the German machine proposedfor the job: Kondirator.

Ifs been a year now since Northern Metal Recyding started thelongfought -for shredder — though a different brand than Kondirator

just below the Lowry Avenue Bridge. The machine makes aracket, as predicted, as it hammers steel into pieces more suited

for recycling.

But whafs remarkable is Crow little noise the shredder makes thesedays at City Hail.

If people have had complaints, they haven't been calling myoffice," said Diane Hofstede, the area's City Council member. Dittofor the office of the Hawthorne neighborhood group.

State Rep. Phyllis Kahn, DFL- Minneapolis, once a diehardopponent of a riverfront shredder, said: " I didn't even know it had

begun operating"

That might be considered a surprising outcome for a battle thatincluded lawsuits, involvement by the Legislature and an $8.75million settlement paid by the city to the owner for lost profits.

Ifs not that some residents don't have complaints. But their

concerns appear less about the shredder Itself than about other

operations in the scrap yard that have been going on to somedegree for decades.

Scrap yard's long history

Calling the operation once known as American Iron and Supply ascrap yard, wile accurate, belies the investment of tens of millions

of dollars that a British -owned firm (Northern Metal Recycling'sparent - company, European Metal Recycling) has made there.

It bought the business in 2007 from the Isaacs family, which ownedit for four generations since 1885, and moved it to its current site in1952.

Besides installing the five -story shredder, the new company also

The enclosed metal shredder operated by N&Ahem MetalRecycing in north Minneapolis has beenIn operation about ayear.

David Brewster, Star Tribune

hen Ettinger, president of Northern Metal Recycling, eained how the MetsolTexas 98-104 metal- shreddingmachine works.


The 4,000 - horsepower shredder has metal arms that rippieces of steel into smaller bits of scrap that are moremarketable.


1 of 2 09/04/2013 11: 02 AM

Star Tribune - Print Page

hauled out truckloads of polluted soil, installed a sophisticated

system to collect and filter rain and snowmelt and covered the

12 -acre site with a foot -thick layer of concrete.

It replaced its barge dock and added expensive scrap- handlingvehicles. The shredder has several levels of dust control, with a

powerful air - handling system that runs dust through water and thenthrough a filter.

We have the latest technology, and as far as I understand, themost sophisticated duplicative pollution control that's available in

the market today," said Stephen Ettinger, president of ownerNorthern Metal Recycling.

http:// www. SM= bUne .convpnntartlCle /71c1= yJt;ZIZBV

Once shredded, this scrap metal was destined for a foundry.


The scrap yard first weeds out hazardous materials. Then it sorts

and grades metals to direct them to the best end user, whether that's a local foundry or steel mills downriver or in places suchas China. The north Minneapolis operation is Northern Metal Recycling' s main base, though it owns three other scrapcompanies in the region.

American Iron originally sought the shredder because mills pay more for shredded scrap. In 1989, the company put down adeposit on the Kondirator. As the company persevered despite repeated roadblocks, its settlement with the city required it toinstall a different brand of shredder enclosed in a building.

The company ultimately chose a 4,000 - horsepower American machine, the Metso Texas Shredder. It rips up steel by flailingat it with manganese - hardened hammer -like metal arms.

The cacophony is partially contained by the machine and its building and can be drowned out by operations elsewhere on thescrap yard. Twin cranes that together cost $ 1 million roar as they bull scrap into piles, and a powerful shear bisects largepieces. The tinkling of pulverized steel falling from a conveyor sounds delicate by contrast

Like a jet plane'

The noise disturbs some neighbors a few hundred yards across the river. It's not so much the shredding as the associated

noise. Resident John Holmberg cited an air - handling system "that sounds like a jet plane" After city environmental monitorsintervened, the company agreed to limit blower hours. Similarly, after complaints about the periodic "boom!" from scrapdropped into barges, the company agreed to drop it from a lower height.

There's still some concern about all the dust that gets generated," said Chris Gams, a staffer for the Bottineau Neighborhood

Association. "You can see it on tabletops on a regular basis," said Tim Kremer, the association's chairman. "We would love

for that to be a more wet process."

Despite dust-suppression sprinkling in the yard, ifs easy to see puffs of dust as scrap is piled. Residents say they've watchedas scrap dropped into barges sends distinct clouds of it over the river.

Isabel Harder said the yard's operations seem to have intensified with the shredder's startup. The shredder has a design

capacity of 100 tons per day — the permitted limit — and Ettinger said the company plans to grow its business now that theindustry is bouncing back from its 2008 recession.

Steve Brandt • 612- 673 -4438

2013 Star Tribune

2 of 2 09/04/2013 11: 02 AM

News ArchNesdrddued onbw ar ida

City approves new rules for industrial propertiesice, on AW 8. byzj=

Anoka has seen its last new metal recycling facility.

by MandMoran FroemmingUnion Editor

Anoka has seen its last new metal recycling facility.

The city council Monday voted unanimously to approve new rules for industrial zoned properties, which now will

make metal recycling prolubited in Anoka.

Current metal recyclers, including Alter Metals (formerly Schwartzman Recycling) located on North Ferry Street,

will be able to keep doing business in Anoka. But the council will have the final say on any changes made to the

site and no new metal recyclers will be able to set up shop in Anoka.

The confidence you can have is that there will only be less of these kinds ofbusinesses," said Mayor Phil Rice to

neighbors ofAlter who strongly urged the council to make metal recycling a prohibited use in the city.

Any changes that will take place in the future on the grounds can only be to make improvements for thecommunity, he said.

For the past year there has been a moratorium on all industrial properties, putting all expansions or changes onhold.

The city' s planning department has taken that time to research the city's history when it comes to industrialzoning — something that has not been updated since the i96os, said Planning Director Carolyn Braun.

Much of the input on the new zoning laws during public hearings held by the Anoka Planning Commission camefrom Alter and Federal Cartridge — the city's two largest industrial operations.

On a 4 -3 split vote at its March 3 meeting, the commission did recommend that metal recycling be allowed with aconditional use permit.

But the council disagreed, wanting more controls over an industry that many would like to leave town.

It has been a major concern for a very large neighborhood," said Councilmember Steve Schmidt

Much of the concern has overflowed from past ownership of the metal recycling facility, which Alter Trading Corp.

purchased from SCI Recycling in April last year.

1 of 3 09/04/2013 10:58 AM

City approves new rules for industrial properties I News ArchivesNe... http : / /archives.ecmpublishers. info /2009 /04/08 /city- approves - new - rule...

Councilmember Carl Anderson said that he personally tried to broker improvements at the site since he started onthe council in 2002.

For years there has been tension between the Schwartzman facility and city residents and, according to Anderson,

he was disappointed when he heard the property had been sold because he was hopeful a deal could be made toget the automobile shredder out ofAnoka.

There has been a real distrust in the city," said Anderson. "And that attitude... has been passed on."

He encouraged Alter to act on its promises to improve operations at the site.

They need to do more than just say we're going to do this or do that,' said Anderson. "They need to do it."

The amended ordinance for industrial properties states that expansion of a nonconforming use would be allowed

if it could be proved that the expansion would prevent or lessen a public nuisance or protect public welfare and

safety.

All expansions for properties that are nonconforming, which now includes metal recycling, must be approved bythe council.

This is how we could allow for certain things like moving the scale for better access to Ferry Street," said Braun.

Area resident Dr. Jim Rusin said he was disappointed that he had not heard anything about noise and pollution

reductions in the city's new ordinance.

He said making the business more efficient will only bring "more cars..., more pollution and more noise."

William Mueller, who also lives nearby, asked the council to prohibit metal recycling in Anoka.

You don't have to make it any easier to make more pollution and to make more garbage," said Mueller.

While Alter's attorney and the Anoka site manager were in the audience, they did not address the council duringMonday's meeting, other than to say they were available to answer questions.

Two weeks earlier, when the council gave its. initial approval of the ordinance, Alter Vice President Bob Ellis asked

that metal recycling instead be made a conditional use, which would allow for more flexibility to site changes.

While the future of metal recycling in Anoka got a lot of attention from the council and the community, the rewrite

of the zoning rules had much bigger goals in mind.

The ordinance establishes regulations in regards to location, construction and reconstruction of structures and

land in industrial zoned areas. These rules will help to prevent congestion on roads, prevent overcrowding of landand make sure that different land uses are compatible.

Mandy Moran Froemming is at editor.anokaunion@ecm- inc.com

This entry was posted in ABC Newsoaoers. Upq . Bookmark the r ljn .

2 of 3 09/04/2013 10: 58 AM

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1 Subd. 8. Performance standards. 2 A. intent. It is the intent of this subdivision to provide that industry and related acts3 shall be established and maintained with proper appearance from streets = W ` hV4 properties, and to provide that each such permitted use shalt be a good neighbor to5 adjoining properties by the control of the following: 6 B. Standards. 7 1. Landscaping. All required yards shall either be open landscaped and.green arm8 or be left in a natural state. If any yards are to be landscaped, # W sholl be9 landscaped attractively with lawn, trees, shrubs, etc. Any areas left in a natural state

10 shall be property maintained in a sightly and well -kept conditions. ' Y any11 of the classes of residence districts shall be larmiscaped with buffer PW&* V screens. 12 Plans of such screens shall be submitted 1br approve as a par# of the oft plan and13 installed prior to issuance of a certificate of occupancy for any tract in the district14 " Noise shall be measured on any property firm of file bid on which the15 operation is locate. Noise shall be muffled so as not to become objections due to16 intermittence, beat frequency, shrillness, or intensity. At the property lins, the sound17 pressure level of noise radiated continuously from a facility WW not the18 values given in Table 1 herein. The sound pressure level shall be m red with a

19 sound level meter and an associated Octave Band Analyzer, both of which we20 manufacture to specifications published by the Amerman Standard Sp ficadalm for21 an tk lave -Band Fitter Set for the Analysis of Noise and Cdr Stu rule Z24, 110 -1953, 22 American Standards Association, Inc., New York, N.Y. Measurements sW be made23 using the flat network of the sound level meter. 24 Table 125 Maximum permissible sound- pressure levels at specified pow of measurement for26 noise radiated continuously from a facility. 27 Frequency band cycles per second Maximum permitted sound level (doc bels): 28 20-75 7229 75 -150 6730 150 -300 5931 300 -600 52

32 600 -1, 200 4633 1, 200 -2,400 40

34 2,400 -4,800 34

35 Over 4,800 3236 3. Odom. No activity or operation shall cause at any time the discharge of odorous37 matter in such concentrations as to be readily detectable at any point along38 property boundary line or in such concentration as to create ,a public nuisances or39 hazard beyond such boundary line. 40 4. Glare. Glare, whether dint or refled, such as from floodlights, sue' or

41 high temperature processes, and as differentiated from general illumination, steak not42 be visible at any property line, 43 5. Exterior lighting. Any lights used for exterior illumination shall dire light may44 from adjoining properties.

151-

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CnIr' CMECLL1PM3&AR" CLEI

CHAPTER A- ENVIRONMENTAL

Sactioa 3& 1. Unreasonable ire.

11noKa,

parrpaaa. It is the io amt of the City Coundl by tneare of this section to pvtect the public Malik BOWand generutl wafthre by restricting acbVIM which emit now to uwessonably am*^ disWrbs, dqjurcs, or

en,dangers the canfox, health, paw*, may, or welfare ofany person or perms, or precludes theiroa{jqymaw ofproperty, or adversely af% s their propertys value.

b) th nitw n. Words and Aram defined in this section have, when used is ordinance, fie

meartinga given below. Any other word or phrase used in this ordinance, amt ddbW inregulations ofthe Womesota Pollution Control Agency Now Pollution CoMW Rules Q* ff

7034, has the meaning gives in those regulations.

1) Ll ©. Means the sound level, = Mined in decr'bels (dHA) which is exceeded 10 percentof the time for a oue4wur period, as measured by a sound Wei meter havingdwacteristics as specdied in tine toot standards, S 1. 4, of the Americas NationalStandards institute and using test pi

I ,,:

I approved by the police department

2) LSO. Mesas the sound level, wgxessed in decibels (d8A) which Is exceeded SO percentofthe time for a one-hour period, as mused by a Kwad level meta havingcryas specified in the latest tandw%k 91 .4. offt American NationalStandards institute and using tetst procedures approved by the police department

3) Person. Meaner an individual, firm, partnership, caorporation, trustee, uwciW, the: stateand its agues and subdivisio m or any body of'persons whedw incasPorat d or notWith respect to acs pwhibbed or required hwein, "parson" shall W*We employees andlicensees.

c) Noise Raslrictiaw.

l) Night Restrictions. ' lino following shall be prohibited between the hours of 10 pm. and7 Lm.

Partk patios do noisy patties or gatherings. No parson shall in any party

or gathering ofpeople giving rise to noise, uuuaasonably ddstwbing the peace, quietor response ofarwtier person as any time. When a police officer determines that agathering is creating such a noise disturbance, the officer may order all persmpresent, otter tlhsh the owner or mum ofthe premises where the disturbance isoccurring, to disperse immediately. No parson shall refim to leave after bedordered by a police officer to do so. Every caner or tenant of such premises whohas knowledge of the disturbance .shall mates every reasonable of brt to see that thedisnnrbance is stopped.

b. Domesticis Power Eq uipnnahst No person shall operate a Power lawn mower, Powerhedge clipper, cham saw, muleher, garden ts'lle4 edge', drill or other similar domesticpower maintenance eT dpar mL Snow removal equipment is exempt from thispinion.

c. heavy Machiney Use. No person or persons shall engage in or permit heavymachinery activity involving the use of any kind ofelectric, del or gas - poweredmachine or other power.

d. Construction Activity. No pecan shall engage in or permit construction activitiesinvolving my type ofequipment, mec lumical or soon- mechat ICal.

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2) Day Restrictions, The following shall be restricted between the hours of7 am. andIO pm.

a. No parson shad operate or came or permitto be operated any source ofnoise insuch a memar as to create a noise level awing the limit set in Table I fear thereceiving bmd usage cmqM specified when measured at a paint ofrumrntalhuman adh* ofthe receiving land mane.

Tole 1. Sound Level by Receiving Land Use WBA)

Land Use D 00 am.- 10:00 m. Ll.0 150

Reaklential 65 60

mew 70 65

bxkw w 8t1 75

d) PemfttedNofse. The foliowmg acts or noises are permitted between the hours of 1.0'00 past. and7:00 a.m. Mtn

1) Equipment used in connection with special events or activities which are authorized,

spousmiA permitted or moved by the city council or City Manager, so tong as theactivity is conducted pursuant to the conditkm of the license, permit or oorhtr VAauthorizing such ndivity;

2) Chwth belts, cd imes or carillons, school W114 or ens srgency civil dei'inse warningsignals;

3) And -tom devices;

4) Machines or devices for the production ofsound on or in authorized icyvehicles,

5) Situations wherein un medu to wale is rocommy to luau prope W to a safe condition orWhen immediate wort is required to protect perms ar praparty from esrmiRcut exposureto dangesr are WMmP fiam operational limits.

e) Pryto AeCemtre: Soma! When measuring sound between the hours of7 a.m. and 10 p.m., the following probe shall be followed to accurately measure the sound,

l) Messuremermt location. Mewofsound roust be made at or within the applicable14AC at the pokat of human activity which is nearest to the noise source. Aftmeasurements shalt be made outdoors,

2) Equipment specifications, All sand level measuring devices must meet Type 0, i, 11, orS specifications under American National. Standards Institute S1.4 -1983.

3) Calibration. All sound level measuring devices must, at a minimnum, be wde rally fieldcal koded before and after mamitwing wing a calibration device ofknown frequency andweld pressure level.

4) mee u muo promkires. The following procebres must be used to obtainrepresentative sound level measurements:

Measurements must be made at keg three feet of #w ground or surface and

away aiom natural or artificial structures which would prevent an accuratemeasurement

b. Me astwm ants must be nude using the A- weighting and fast responsecharacteristics ofthe s000d measuring cue as specified in American NationalStandards Institute S 1. 4 -1983.

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Measurements must not be made in sustained winds or in placiphstiOn whichresults in a diffm oce of less than ten decibels between the background noiselevel and the noise source being measured.

d. Measurements must be made using a microphone which is gnu fromambient conditions which would prevent an accurate measurement.

S) Data documentation. A summary shad far ap sound levelmgtshall be completed and signed by Ise person making the measurements. At a minimum, the summary sheet shall include:

a. date;

b. time;

G. location;

cl. noise source;

e. wind speed and direction; f: temperature;

humidity, IL make, model, and serial member ofmeasuring equipment,

i. field calibration results;

J- mouWa d levels; andIL site sketch indioartilug noise source, measurement [matiom, directions, distances,

and omens.

f) Pubtleham. It shell be unlawful for any person to maw, cOrrtinue, permit Or cause to be madeor continued any loud, unnecessary, or i munsial noise or any noise within the City which would belikely to saucy, disturb, injure. or = danger the comfm% repose, health, pence, or sa?6at!'` of areasonable pen of<rdinary sensibilities.

1) The foilowi ng acts constitute a presumptive public nuisance.

IL Horns, signaling devices, etc. The continual SOumdiug Of any horn or Signalingdevice on any automobile, motorcycle, or other vehicle for a period ofat least 15awards even if inteunupwd by short gaps in sound, on any stitseek public place, orprivate property within the City except as a danger warning;

b. Radim phonogu * etc. The use, operation, or permitting the playing, use, or

operation ofany radio receiving sek musical i nstrumeut, phonograph, or othermachine or device for the amplification, production or reproduction ofsound at

any time in such manner as to be likely to annoy, disturb, injure or endanger thecomfbM repose, health, pease or safety ofa reasonable person ofordirguysensibilities who might be in its vicinity or between the hours of 10.:00 P.M. and7: 00 A.M. at such a volume so as to be plainly audible at the real propertyboundary ofthe building, structure, residence or oiler area in which the deviceis located.

C. Amplified sound from a motor vehicle. The use, dose or petrmltting theplaying, use or operation of any radio receiving sea, musical instrumenk or othermachine or device for the am}tifnration, production or ruction Of soundwithin a motor vehicle at a volume where it is audible by any person from adistance of fusty ( 50) feet or a distance of five (5) MOW vehicle lengths or morefrom she source. ftere the motor vehicle' s Owner is prema brat person isresponsible for any violation of this subsection. If the owner is not present, thedriver or pawn in control ofthe vehicle is responsible for any violation of thissubsection. in addition to an owner or driver, any person who controls or assistswith the amplification, production or reproduction of the sound in violation ofthis subsection is an additional responsible party.

3 of

MT OFAMOKAC17TCWECHAPM 38;AItTI 1

d. iota# speake m amplifiers for advertising. etc. The use, operation, or perhuittingthe playing, use, or operation ofany radio recairrhhg 8e4. musical instrument, phowgraph, loud spear sound ampllf o r, or other machine or device for theproduction or reproduction ofsound which is caul upon the public streets for thepuupm of cosumaezrcw advertising or arming the attention ofthe pu bk to anybuilding or structure.

e, yelping, sbouting, etc. Yelping, shouting, hooting, vvhkdbug, or fond singing anthe public streets within fifty (30) fat of a residential dwelling unit or sleeping

dft, between the ham of 10:00 F.M. and 7:00 AM.

Defective vehicle, loads or noisy vehicle operafm. The non- emergetncy use oraeration ofany automobile, motorcycle, scooter, recrestional vehek, or othertype ofmotor vehicle, which by its out -of- repair condition, manner of loading oroperation at such speeds or in such manner as to aeata loud and narygrating. Srbx , Spoft of tires, rattling, or other noise so as to be likely toannoys disturb, injure, or endanger the comfort, repose, health, peace or soft ofa reasonable person ofordinaq sensibilities in its vicinity.

8- Bngirurbraking. ' lice use of a compression engine brake device in non. emergency situations to slow the speed ofan internal combustion enginepowered motor vedhicie an City streets or highways without an Vdhunaht mufflerin goodworking carder or other device that is effes & e in preventing bid atghheroarin& smemo popping or growling resulting from the use ofthe compressionengine brake.

g) mom, Any posdnh who violates the provisions ofthis action stall be guilty of amisdemeuuhor as defined by State law.

Se etion 38-3 throutgb 30. 29. rwtd.

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Upon roil call, members Parks, Cumberland, Nesheim, Bevan, Goedker, and

Koep voted " aye.' Member Olson voted " nay." The Chair declared the motion Carriedand the Consent Calendar adopted.

of 1101l and TraWer of Fu — R ded DI 2M ftMg" and Finance Committee — Approved.

The following fund transfers were presented on the Personnel and FinanceCommittee Agenda:

General Fund to Public Safety Fund $400,000General Fund to Park Fund $50,000General Fund to Street and Sewer Fund $37,040General Fund to Airport Fund $ 12,960

MOVED AND SECONDED BY ALDERMEN CUMBERLAND AND PARKS TOAPPROVE PAYMENT OF BILLS AND TRANSFERS OF FUNDS AS PRESENTED.

Upon roll call, members Parks, Cumberland, Olson, Nesheim, Bevans, Goedkesr,

and Koep votes "aye." No member voted "nay.' The Chair declared the motion carried.

Unfinished Business.

mill9

City Engineer Huisether reported on a memo from SEH dated June 26, 2012regarding Crow Wing County Recycling noise monitoring which stated that noise corningfrom the metal grinder (self does not exceed noise standards when measuring from theBuffalo Hills neighborhood area and registers signtlicantly less when m eas ing fromfurther away, therefore, Crow Wing Recycling Is not in viol. He confirmed acomment from Alderwoman Cumberland that environmental issues such as the treesand brash tilling in seasonally may be contributing to the lower level of noise recently, and stated that he will be in contact with the residents that registered the Complaints.

MOVED AND SECONDED BY ALDERMEN BEVANS AND NESHEIM, DULYCARRIED, TO POSTPONE THE FINAL READING AND THEREFORE ADOPTION OF

July 16, 2012 2

Brainerd City Code

Section 2014 — Noise Related Issues

2014.01

A /

2014.01 Prohibited Conduct C; nerally. Except as otherwise provided below in CityOrdinance, it shall be unlawful for any person to make, assist in maldag, permit or allow themalting ofany noise in violation Brainerd City Ordinance or any noise which annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety ofothers in the City, if thelatter is done in such a manner as to be plainly audible at the boundary ofthe real property, structure, or residence from which the noise originates, or at a distance of fifty (50) feet from thesource ofthe noise.

2014.02 Flecg M Noise. No person shall play, use, or operate on any public or privateproperty any radio, tape or disc player, musical instrument, phonograph, or other machine ordevice for the production ofsound in such a manner, considering the time and place and thepurpose for which the sound is produce, as to unreasonably disturb the peace, quite, or repose ofa person of ordinary sensibility.

2014.03 Yellin& Shouting, Etc. Yelling, shouting, hooting, whistling, or singing at anytime or place so as to annoy or disturb the quiet, comfort or repose ofpersons in any office, or inany dwelling; hotel, motel, or other place of residence, or ofany person in the vicinity.

Subd. 1. When sounds violating this Section is produced by a machine or device that islocated in or on vehicle, building, or land, the owner ofthe vehicle, building, or land is guilty ofthe violation; provided, however, that ifthe owner of the vehicle, building, or land is not present, the person in charge ofthe vehicle, building, or land at the time is guilty ofthe violation

Subd. 2. This Section shall not apply to sound pmduced by the following:

a) Amplifying equipment used in the connection with activities for whichpermits have been granted pursuant to Brainerd City Ordinance.

b) Antitheft devices and personal safety devices.

c) Safety devices for the production of sound on or in authorized emergencyvehicles.

d) Machines or devices for the production ofsound on or in authorized)

emergency vehicles.

2014.04 Motor Vehicles. No person shall do any of the acts set forth in the followingSubdivision.

Subd. 1. The sounding of any horn or audible signaling device on any automobile, motorcycle or other vehicle on any street, public place, or private property within the City exceptas a danger warning.

Brainerd City Code 2014.04 Subd. 2

Subd. 2. The creation by means of any signaling device ofany loud or harsh sound.

Surd. 3. The sounding of any such device for a period oftime that disturbs the peace, quite, or repose ofa person ofordinary sensibility.

Subd. 4. The use ofany horn, whistle, or other audible signaling device operated byengine exhaust.

Subd. 5. The use ofany horn, whistle, or audible signaling device when traffic is held upfor any reason.

Subd. 6. The discharge into the open air ofthe exhaust ofany steam engine, stationaryinternal combustion engine, motor boat, or any motor vehicle except through a muffler or otherdevice which will effectively prevent loud or explosives noises therefrom.

Subd. 7. The use ofany muffler of the type commonly known as " Glass Pack, FullFlow".

Subd. 8. To operate, allow or permit the operation of any motor vehicle or any auxiliaryequipment attached to such vehicle to idle or test any internal combustion engine in such amanner as to be plainly audible as stated in Section 1.

Subd. 4. To operate any motor vehicle in such ofdisrepair as to create loud grating, grinding, rattling or other loud noise.

2014.05 Outdoor Power Equipment. Within five hundred (500) feet of any residentiallyzoned properly, no person may operate any power implement including, but not limited to, anelectric or gas powered implement such as a lawn mower, hedge clipper, chain saw, trimmer,

bug zapper, or other device designed primarily for outdoor use, at any time other than betweenthe fours of6:30 AM to 10:00 PM on weekdays and 8: 00 AM and 10:00 PM on public holidays,

Saturdays; and Sundays. All implements shall be effectively muffled so as to prevent theemission of loud and explosive noises that disturb the peace, quite, or repose ofa person or

persons of ordinary sensibility.

2014.06 Noisy Parties and Gatherings. Prohibition. No person shall, between the hours of

10:00 PM and 7:00 AM congregate at, or participate in any party or gathering oftwo or morepeople from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or

repose ofanother person. No person shall knowingly remain at such a noisy party or gathering.

a) Evidence. Noise of such volume as to be clearly audible at a distance of fifty50) feet from the structure or building in which the party or gathering is

occurring, or in the case of apartment buildings, in the adjacent hallway orapartment, shall be prima fascia evidence of a violation of this Section.

Brainerd City Code 2014.06 (b)

b) Dote to Disperse. When a Police Officer determines that a party or gatheringis in violation of this Section, the Officer may order all persons present at thepremise where the violation is occurring, other than the owner or tenants ofthe premises, to disperse immediately. No person shall knowingly remain atsuch a party ofgathering.

c) Exc' ams. The following are exempt from violation of this Section:

i) Activities which are duly authorized, sponsored or licensed by the CityofBrainard, so long as the activity is conducted pursuant to theconditions ofthe license, permit or contract authorizing such activity.

ii) Church bells, chimes, or carillons.

iii) Person who have gone to the party for the sole purpose ofabating theviolation.

d) Penalties. Every owner or tenant of the premises where a party orgig inviolation of this Section occurs, who is present at such party or gathering, isguilty ofa misdeaneanor. Any person, who refuses to disperse from the pantyor gathering in violation ofthis Section after being ordered by a Police Officerto do so, is guilty of a misdemeanor.

2014.07 F.xer % ions. Authorized by the Brainerd City Council or their designees. Uponspecial request made by contractors, the Council may exempt contractors performing publicworks operations from the time prohibitions set forth within this Ordinance.

Added Ord 1177 — 2002)

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Public Safety and Regulatory Services CommitteeEnvironmental Management and Safety

Staff Report

Chapter 389, Noise

December 3, 2008

Background /Supporting Information

This action amends Chapter 389 as an initiative of Regulatory Services' 5- year

business plan to review and update ordinances for errors and omissions and in order

to better address noise - generated issues within the city.

As part of this proposed ordinance revision, Regulatory Services staff has examined

noise ordinances from a number of states and cities within the United States and

additional ordinances In Europe; noise complaints received by Minneapolis residents

and business owners over the past 12 months; and discussed noise issues with

numerous groups of residents and business owners.

Sound and Sound Measurement

Sound travels In pressure waves which are perceived or heard by the ear, and can

range over a variety of frequencies. Because sound is usually a combination of

thousands of different frequencies, sound frequencies are commonly grouped into

octave bands or third octave bands. For example, each key on a piano produces

sound at a different frequency from all other keys. Keys on the lower register

produce lower frequency sounds while keys on the upper register produce higher

frequency sounds. A standard piano keyboard is divided into 8 octaves. Sound

meters used by City inspectors can divide sound into octaves or into third octave

bands. The use of third octave bands is particularly useful In separating low

frequency bass tones from high frequency treble tones. The following table shows

the range of common sound frequencies discernable by the human ear.

Frequency In Hertz ( Hz) Description

8.18 Lowest Organ note ( inaudible)

27. 5 Lowest note on standard piano

261.63 Middle C

4, 186 Highest note on standard piano

17, 000 New " Mosquito" ringtone reportably used

by teens that is inaudible to older adult

ears.

Pressure waves measure the strength or level of sound using decibels to determine

how loud a sound is. Pressure wave level is measured in decibels. This is similar to

how the Richter Scale measures earthquakes where decibels are based upon a

iogarithmic scale. An increase of 10 decibels equals a doubling of sound pressure.

Therefore a 70 decibel sound is twice as loud as a 60 decibel sound. Because the

human ear only detects a certain number of different sound frequencies, various

weighting networks have been developed to measure sound pressure. The most

commonly used weighting scale is A weighting. A weighting downplays the

significance of lower frequencies. The State of Minnesota noise rule uses A weighting

for its standard. However, C weighting is a more accurate representation of actual

sound pressure regardless of frequency and therefore provides a more accurate

measure of low frequency base tones. The following chart shows the difference

between the two weighting networks. The Y ( vertical) axis shows the number of

decibels ( 0) subtracted from the actual sound pressure. For example a sound at

100 Hz that has a sound pressure of 60 decibels will register as only 40 decibels on

the A- weighted scale but will register as 60 decibels on the C- weighted scale.

BrwI& Y4nw

Noise Enforcement

Noise issues fall under the purview of Regulatory Services and the PoliceDepartment. The Police regulate 389.65 (a) ( 1) Noisy or unruly assembly and

provide after hours assistance to Regulatory Services for other noise - related issues.

Primary enforcement of all other sections within 389 are carried out by the

Environmental Services unit of Regulatory Services. In the past 12 months,

Environmental Services received 418 noise - related complaints. Of these,

enforcement action was taken on 159 complaints. The following table shows a

breakdown of these 159 complaints by type.

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Un- actionable items included complaints with limited information and those outside

of the regulatory purview of the City including crowd noise, road traffic, air traffic,

railroads, and MNDOT- sponsored projects.

Noise violations are currently enforced through two primary mechanisms:

1. Decibel -based standard. Using a sound meter, environmental inspectorsdetermine the actual decibel levels of the nuisance noise. These levels are

compared against state noise standards to determine if a violation exists.

Industrial noise, heating and cooling equipment and music complaints are

usually enforced in this manner.

2. Activity-based standard. Many activities are allowed during given periods of

time or when permitted. Violations exist when certain noise- generating

activities exist outside of permissible guidelines. Examples include

unpermitted after hours construction work; garbage pickup and unpermitted

amplified sound. Other activities or conditions are disallowed such as

uncontrolled alarms, vehicles without proper muffler control, and the

improper sounding of car horns.

Ordinance Revisions

Proposed changes include darification of vague language and providing, when

possible, numerical, quantifiable standards.

Proposed Changes

Many of the proposed changes are general housekeeping and clean up. The more

substantial proposed changes Include:

389.60( a) New City standard for indoor noise levels. Lower frequency or bass noise

travels a greater distance and is able to penetrate walls and structures more

easily than other noise. For example; the bass tones from a boom car may

be heard blocks away and from within a home. Current noise monitoring by

the City uses the A- weighted scale which discounts these bass tones. This

has resulted in situations where noise was clearly audible and even felt, butwould not register as a violation. This proposed section rewrite remedies this

situation by measuring sound using the C- weighting scale. C weighting gives

near equal weight to all frequencies, allowing the low bass tones to be .

measured more accurately. For rare circumstances when nuisance noise is

from a small portion of the sound octave register, this proposed section

includes measurement of 1/ 3 octave bands.

389.60 ( c) Proposed addition of several specific exemptions

5) Athletic events at the city's two new open air stadiums, the Twins and

the Gophers. Concerts or other events held at these stadiums would still

be subject to outdoor amplified sound permit requirements.

9) Sounds from bells, chimes, carillons or sound associated with religious

worship with specific time limitations

389. 65 (a) Proposed removal of subjective standards for nuisance enforcement.

General nuisance language Is removed while quantifiable, numerical standards are

bolstered in other sections.

389.65 ( c) ( 4) Proposed removal of language relating to nuisance animals or birds.

389.65 ( a)

6) Proposed revision to Amplified Sound restrictions. Quantification of

amplified sound levels that require a permit. The intent of this proposed

revision is to allow for outdoor music at low levels, such as ambiance

music in an outdoor seating area, but limit music that is so loud as to

impact neighboring residences or businesses or that limits the ability of

public safety personnel to give direction on the public right of way.

9) Proposed addition exempting snow removal activities after snowfalls of 1

Inch or greater.

389.70 Proposed removal and creation in new Chapter 49.

389.80 Proposed change in hours of operation for outdoor implements to be

consistent to similar times throughout the chapter. Proposed change to

allow snow blowers used at anytime after a declared snow emergency or 1+

inch of snowfall.

389. 71 Proposed removal and creation in new Chapter 49.

389. 105 ( 1) Proposed addition of staff approval for extended hours amplified sound

permits. Currently only events which have a large event block permit or

occur on public property in downtown can go past 10: 00 p. m. All other

events, even if determined by staff not to create a nuisance, are disallowed

past 10: 00 P. M.

389. 110 Proposed removal of advertising by public address systems. Nuisancesfrom this issue are addressed under amplified sound restrictions.

389.210 Proposed sound attenuation requirement for development in an Industrial

Living Overlay District.

389.05. Declaration.

There have come into being within the city certain loud, avoidable, unnatural and unnecessary noises, whichunder certain circumstances and conditions, constitute a serious threat to the health, the welfare, the

contentment and the feeling of well -being of our people. Therefore, the city council does declare that thedoing of such things in a manner prohibited by, or not in conformity with, the terms of this article constitutesan undesirable noise and shall be punished as hereinafter provided. ( Code 1960, As Amend., § 948.010;

97-Or -063, § 1, 7- 11 - 97)

389.10. Findings.

a) Excessive noise degrades the environment of the city and the city has a substantial and, in some cases, compelling interest in controlling such noise.

b) Excessive noise degrades the environment to a degree that: 1) is harmful to the health, welfare and safety of its inhabitants. 2) interferes with the comfortable enjoyment of life and property. 3) interferes with the well being, tranquility, and privacy of the home. 4) causes and/or aggravates health problems.

c) Individuals are not required to welcome unwanted noise into their own homes and there simplyis no right to force unwanted noise into the home of an unwilling listener and there is acompelling interest in prohibiting such noise on a content neutral basis.

d) Effecctive control and elimination of excessive noise is essential to the health and welfare of the

city's inhabitants and to the conduct of the normal pursuits of life, including recreation andcommunication.

e) It is the intent of the city council to prevent excessive noise without unreasonably infringingupon the rights of the city's inhabitants and visitors.

fl It is the intent of the city council to prevent excessive noise, whenever possible, withoutsubstantially burdening the free exercise of religion and in every case within the constraints setby the Minnesota and U. S. Constitutions and applicable statutes and this ordinance is intendedto be interpreted as consistent with all such constraints.

9) The city's interest in regulating noise should and does take into account the time, place, andmanner of such noise.

h) Certain short term easing of noise restrictions is essential to allow the maintenance andcontinuation of structures, infrastructure, and other elements necessary for the physical andcommercial vitality of the city.

i) A substantial body of science and technology exists by which excessive sound may besubstantially abated.

G) Uses of sound amplifying equipment in certain ways and at certain times and placesunreasonably invades the personal privacy, peace, and personal freedom of citizens andvisitors of the city.

k) The city council feels obligated to reasonably regulate on a content neutral basis the time, place, and manner of using sound amplifying equipment in order to protect the correlativeconstitutional rights of the citizens and visitors of this community to personal privacy, peace, and personal freedom from diminishment by invasive and unwanted noise which isunnecessary or for which there are ample alternative channels. (97 -Or -063, § 2, 7- 11 -97;

2008 -Or -094, § 1, 12- 12 -08)

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389.15. Incorporation by reference.

Minnesota Rules, Chapter 7030, and A Guide to Noise Control in Minnesota, as adopted and revised from

time to time by the Minnesota Pollution Control Agency are hereby incorporated by reference into thischapter and made a part hereof. (97 -Or -063, § 3, 7- 11 - 97; 2008 -Or -094, § 2, 12- 12 -08)

389.30. Definitions.

The following terms whenever used in this article shall have the following respective meanings: Ambient noise level. The total of all noise in the environment, other than the noise from the

source of interest. This term is used interchangeably with background noise.

ANSI: The American National Standards Institute.

Attenuation: The reduction of sound intensity by various means (e.g., air, humidity porousmaterials).

Band. Any segment of the frequency spectrum.

Construction equipment. Any vehicle or device used for the purposes of construction, or usedto transport equipment, materials, supplies or debris to or from a construction site, including, but notlimited to a jackhammer, hammerdrill, bulldozer, dump truck, front end loader, bobcat, crane orbackhoe.

dB(Q' Composite abbreviation for decibel and Cweighted sound level.

Impulsive noise: Sound of short duration, usually one second or less with abrupt onset andrapid decay. Impulsive noises include but are not limited to metal impacts, hammers, gunshots, explosions, and drop forge impacts.

Leq: Equivalent continuous sound level or time- averaged sound level. A single- number valuethat expresses the time - varying sound level for the specified period as though it were a constantsound level with the same total sound energy as the time - varying level.

Masking:

1) The process by which the threshold of audibility for a sound is raised by the presence ofanother (masking) sound.

2) The amount by which the threshold of audibility of a sound is raised by the presence ofanother (masking) sound.

Noisy or unruly assembly. For the purposes of sections839.65(a)(1) and 389.65(a)(2), the term

noisy or unruly assembly" shall mean a gathering of more than one person in a residentially zoned orused area or building between the hours of 10:00 p. m. and 6:00 a.m. whose noisy or illegal conductwould be likely to cause significant discomfort or annoyance to a reasonable person of normalsensitivities present in the area considering the time of day and the residential character of the area. Noisy or unruly assemblies may include, but are not limited to, those involving excessive noise, obstruction of public ways by crowds or vehicles, consumption of alcohol by minors, provision ofalcohol to minors, fighting, disturbing the peace, disorderly conduct, littering, and public urination ordefecation.

Octave: The interval between two (2) sounds having a frequency ratio of two (2). There areeight (8) octaves on the keyboard of a standard piano.

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One -third ( 113) octave band: A frequency band whose cutoff frequencies have a ratio of 2 to theone -third ( 1/ 3) power, which is approximately 1. 26. The cutoff frequencies of 891 Hz and 1, 112 Hzdefine the 1, 000 Hz third - octave band in common use.

Points ofhabitation: Any point inside a dwelling and any deck, patio, or other outdoor area thatcontains seating or cooking areas designed for the use of the occupants and within thirty (30) feet ofthe adjoining dwelling. Outdoor areas are a point of habitation only during the period between April 15and November 15.

Publicly owned and controlled property. • Any land owned and controlled by a govemment orquasi - govemment agency including, but not limited to, the City of Minneapolis, Minneapolis Park andRecreation Board, Minneapolis School Board, Hennepin County, State of Minnesota, MetropolitanSports Commission, University of Minnesota, and the United States of America.

Pure tone: A sound for which the sound pressure is a simple sinusoidal function of the time,

and characterized by its singleness of pitch.

Residentially used area: Any building or portion thereof designed or used exclusively for humanhabitation, including single - family, two- family, and multiple - family dwellings without regard to their sizeor location within the city plus any area within five hundred (500) feet of such building or portionthereof which is so used. Residentially used area shall include any mixed use building which containsa dwelling unit as defined in section 522.40 of this Code plus any area within five hundred (500) feet ofsuch dwelling unit. Residentially used area shall not be established by the locations of buildings whichare principally hotels, motels, or rooming houses.

Steady -state sound. Sounds whose average characteristics remain relatively constant in time. A practical example of a steady -state sound source is an air conditioning unit. (Code 1960, AsAmend., § 948.090; 82 -Or -163, § 1, 8- 13-82; 86-Or -105, § 1, 5 -9-86; 97-Or -063, § 4, 7- 11 -97;

98 -Or -099, § 1, 10 -2 -98; 98-Or -144, § 1, 12 -4-98; 2005 -Or -007, § 1, 2- 11 - 05; 2006 -Or -005, § 1,

2- 10 -06; 2006 -Or -033, § 1, 4- 28-06; 2008 -Or -094, § 4, 12- 12- 08)

389.40. Enforcement.

The assistant city coordinator for regulatory services and the chief of police, or their designees, areauthorized and directed to administer and enforce the provisions of this article. (Code 1960, As Amend., § 948. 100; Ord. of 5- 11 -73, § 1; 97 -Or -063, § 5, 7- 11 -97; 2006 -Or -033, § 2, 4- 28-06)

389.45. Measurement of noise levels.

All sound level measurements shall be taken using written procedures approved by the assistant citycoordinator of regulatory services or the assistant city coordinator's designee. The written procedures shallconform to applicable law and shall be made available to the public upon request. (2008 -Or -094, § 5,

12- 12 -08)

389.50. Noise prohibited.

It shall be unlawful to make, continue or cause to be made or continued any noise in excess of the noiselevels set forth in section 389.60 unless such noise is reasonably necessary to the preservation of life, health, safety or property. (Code 1960, As Amend., § 948.020)

389.60. What constitutes violation.

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a) Activities generating sound that is ten (10) dB(C) Leq or more above the ambient noise level during thedaytime or five (5) dB(C) Leq or more above the ambient noise level during the nighttime when measuredwithin a building occupied by the complainant. All measurements pursuant to this subsection shall be madeusing the C- weighted network, and taken indoors with the doors and windows closed, and within the unit

occupied by the complainant. If separation of low frequency noise cannot be determined with the meterusing dB(C) and low frequency tones are clearly audible, a sound level measurement in temps of one -third

1/ 3) octave band frequencies shall be utilized. If this approach is required, a ten (10) dB(C) increase over

ambient levels in any one -third ( 1/ 3) octave band due to the amplified music shall be considered a violationof this chapter.

b) Any sound measured outside in excess of the limits as set forth in Minnesota Rules, Chapter7030 provided that such sound is five (5) dB(A) or more above ambient noise levels.

c) Sounds emanating from the operation of the following are exempt from the provisions of thissection and section 389.65(a):

1) Motor vehicles on traffic ways of the city. 2) Aircraft in flight.

3) Outdoor implements, such as power lawn mowers, leaf blowers, snow blowers, power

hedge clippers and power saws. 4) Pile drivers, jackhammers, cranes, scrapers, dump trucks, backhoes, bulldozers and

other construction equipment.

5) Official athletic activities at outdoor stadiums owned or operated by the University ofMinnesota or the Minnesota Ballpark Authority.

6) Lawful and properly permitted organized athletic activities on school grounds, andofficially designated playgrounds used for recreation by children under supervision, andparks or places wherein athletic contests take place between the hours of 7:00 a.m. and

10:00 P.M. 7) Rail traffic.

8) Repairs and maintenance of utility structures when the utility structures pose a clear andimmediate danger to life or health or significant loss of property, and the repairs and

maintenance are necessary for the safety and commercial vitality of the city. 9) Sounds created by bells, chimes, carillons or sounds associated with religious worship

no more than ten ( 10) minutes in any one ( 1) hour and no more than sixty (60) minutesin a twenty- four -hour period, between the hours of 7:00 a.m. and 10:00 p.m.

10) Sounds emanating from amplifying equipment that is in full compliance with a permitissued pursuant to section 389. 105

d) No noise shall be prohibited or restricted under the authority of this section which substantiallyburdens a person' s exercise of religion unless it is demonstrated that application of the burden

to the person is:

1) In furtherance of a compelling governmental interest. 2) The least restrictive means of furthering that compelling governmental interest. 3) Consistent with Article I, Section 16 of the Minnesota Constitution.

e) No noise shall be prohibited or restricted under the authority of this section which substantiallylimits speech unless such a prohibition or restriction:

1) Serves a significant governmental interest as applied in a particular case. 2) As applied in the particular case there are other ample alternative channels for

communication of the information.

3) Application of the regulation in the particular case promotes a substantial government

interest that would be achieved less effectively absent application of the regulation.

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Code 1960, As Amend., § 948.030; Ord. of 9- 27 -74, § 1; 79-Or -036, § 1, 2- 23-79;

82- Or-163, §§ 2, 3, 8- 13-82; 83-Or -205, § 1, 8- 26-83; 86- Or-105, § 2, 5 -9-86; 97 -Or -063,

6, 7- 11 - 97; 97 -Or -067, § 1, 7- 25-97; 98-Or -099, § 2, 10-2-98; 2006 -Or -033, § 3,

4- 28-06; 2008- Or -094, § 6, 12 -12 -08)

389.65. Prohibited acts.

a) The following acts are violations of this section, subject to enforcement through criminal, civil andadministrative means:

1) Noisy or unruly assembly. Participating in, conducting, visiting, or remaining at agathering knowing or having reason to know that the gathering is a noisy or unrulyassembly, as defined in section 38930, except person(s) who have come to the

gathering for the sole purpose of abating the disturbance. a. The premises at which a noisy or unruly assembly occurs shall additionally be

subject to a notice of noisy or unruly assembly as further described in this section. b• A notice of noisy or unruly assembly shall be sent within ten ( 10) business days

via first class mail to the owner and/or rental license holder of record of any

premises at which a noisy or unruly assembly is determined to have taken placeby the Minneapolis Police Department. The Minneapolis Police Department may, upon determining that the issuance of a notice would be contrary to public policy, refrain from such issuance when emergency services were summoned by aperson taking part in the noisy or unruly assembly, or when the noisy or unrulyassembly was created primarily by the occurrence of an incident of domesticabuse, as that term is defined in Minnesota Statute Section 5188.01, or whollythrough the actions of uninvited guests or trespassers.

1 Each notice of noisy or unruly assembly shall state that a noisy or unrulyassembly has occurred on the premises; the date, time and nature of thenoisy or unruly assembly; and that the owner, rental license holder orlandlord may be issued an administrative citation should police respond toany additional noisy or unruly assemblies within one hundred eighty ( 180) days of the date of the noisy or unruly assembly which triggered the notice. Each notice shall further state the date of expiration for the notice, which

shall be one hundred eighty ( 180) days from the date of the noisy or unrulyassembly which triggered the notice. The notice shall direct the owner, rental license holder or landlord to take steps to ensure that the premises

are not used for additional noisy or unruly assemblies. 2• Right to contest issuance of notice. An owner, rental license holder or

landlord who receives a notice may contest its issuance by requesting anadministrative hearing pursuant to Chapter 2 of this Code. The hearingshall proceed pursuant to and be governed by the administrative hearingprocedures of Chapter 2. At the hearing, the city shall bear the burden ofproving by a preponderance of the evidence that a noisy or unrulyassembly occurred and that the issuance of the notice was justifiedpursuant to the provisions of this chapter. Should the owner, rental license

holder or landlord of the property affirmatively demonstrate that theissuance was based wholly upon the actions of uninvited guests ortrespassers, the notice shall be deemed invalid and rescinded. An owner,

rental license holder or landlord who receives a notice, may at any timepetition the designated agent of the Minneapolis Police Department for a

written order rescinding the notice on the grounds that he or she has taken

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reasonable and necessary actions, as defined in section 389.30, to prevent the occurrence of subsequent noisy or unruly assemblies. The designatedagent of the Minneapolis Police Department may grant or deny the requestfor good cause. A denial of such a request may be contested by requestingan administrative hearing pursuant to Chapter 2 of this Code. At thehearing, the petitioner shall bear the burden of proving by a preponderanceof the evidence that the petitioner has taken reasonable and necessary

actions to prevent subsequent noisy or unruly assemblies at the premises. Each notice of noisy or unruly assembly shall contain a recitation of theseappeal rights. In any event, the notice shall be rescinded upon thepresentation of adequate verification to the Minneapolis Police Department

of the final departure from the unit that triggered the notice of every

resident living in that unit at the time of the incident that formed the basisfor the notice.

3. The criminal, civil or administrative enforcement of this section shall not

preclude any additional enforcement or application of any other provisionsof this Code, including but not limited to section 244.2020, Conduct onlicensed premises or section 244. 1940, Denial; non - renewal; revocation;

suspension.

C. Administrative enforcement When the police department, fire department or other

emergency response personnel respond to a noisy or unruly assembly at thesame premises within one hundred eighty (180) days of the date of any previousnoisy or unruly assembly for which a notice of noisy or unruly assembly wasserved and remains valid, the owner, rental license holder or landlord of the

premises shall be issued an administrative citation pursuant to Chapter 2 of this

Code in an amount as specked in the schedule of civil fines as adopted byresolution of the city council. However, in no case shall any such citation beissued pursuant to this section for any noisy or unruly. assembly occurring withintwenty -one (21) days of the mailing of the notice.

d. Applicability to multiple dwellings and duplexes. Notwithstanding subdivisionc)(1) c. of this section, when a noisy or unruly assembly occurs on a premises on

which any multiple dwelling, defined in section 244.40, or duplex is located, anadministrative citation shall be issued pursuant to this section only if one ( 1) thefollowing circumstances has occurred: 1 A previous notice of noisy or unruly assembly has been served and

remains valid for an incident occurring in the same dwelling unit in whichthe incident occurred that forms the basis for the administrative citation;

2. A previous notice of noisy or unruly assembly has been served andremains valid for an incident in which any resident or guest of a residentparticipated, and that same resident or guest of a resident also participated

in the incident that forms the basis for the administrative citation; or

3. A previous notice of noisy or unruly assembly has been served andremains valid for an incident occurring in any nondwelling structure, common area, outdoor area, or other nondwelling area of the premises, and the incident that forms the basis for the administrative citation also

occurred in any one ( 1) of these areas. 2) Permitting noisy or unruly assembly. Knowingly permitting real estate under one's care

or control to be used for a noisy or unruly assembly, as defined in section 389.303) Homs and other signal devices. The sounding of any horn or signal device on an

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automobile, motorcycle, bus or other vehicle, except as a danger signal or traffic

warning. 4) Operation of vehides. The use of any automobile, pickup truck, motorcycle, or other

vehicle which is not reasonably maintained and which causes noise which would belikely to cause significant discomfort or annoyance to a reasonable person of normalsensitivities present in the area.

5) Amplified sound from vehicles. Except as provided in section 389.105, the operation of

any electronic device used for the amplification of music or other entertainment, which islocated within a motor vehicle being operated on a public street or alley, or in commercialor residential parking facilities, which is audible by any person from a distance of fifty50) feet or more from the vehicle. When sound violating this section is produced the

motor vehicle's owner, if present when the violation occurs, is in violation of this section.

If the motor vehicle's owner is not present at the time of the violation, the person in

charge or control of the vehicle at the time of the violation is in violation of this section. In

addition to an owner or a driver, any person who controls or assists with the productionof sound violating this section is in violation of this section. Violation of this subsection isa misdemeanor. A first violation of this subsection is punishable by a fine not to exceedfive hundred dollars ($500.00), a second violation is punishable by a fine not to exceedseven hundred dollars ($700.00), and a third violation is punishable by a fine to themaximum amount.

6) Amplified sound. The playing of any electronic device used for the amplification of soundexcept as specifically permitted under section 389. 105) located inside or outside, which

measures five (5) dB(A) or more above ambient levels on adjacent properties, includingthe public right -of -way.

7) Alarms. Operating any electronic theft or burglar alarm which sounds an audible signalwithout an automatic shutoff device to prohibit the audible signal from soundingcontinually for more than five (5) minutes or the intentional sounding or permitting thesounding outdoors of any fire, burglar, or civil defense alarm, siren, whistle, or similarstationary emergency signaling device except in the following circumstances: a Existence of an emergency. b. Testing the device, not to exceed four (4) minutes in an hourly period, unless

approved by the director when there is no reasonable alternative to exceedingfour (4) minutes of testing and the testing is required by state or federal laws, rules or regulations.

C. The sounding of a properly maintained car alarm subject to paragraph (6) of thissection.

8) Solid waste collection. The loading or unloading of a solid waste compacting vehicle, solid waste processing vehicle, solid waste collection vehicle, or recycling collection

vehicle outside of an insulated building in any residentially used area except during thehours of 6:00 a.m. and 10:00 p.m.

s) Sweeping and snow plowing. The operation of a parking lot sweeping equipment in anyresidentially zoned area except between the hours. of 6:00 a.m. and 10:00 p. m. yearround. The operation of any snow and ice control equipment in any residentially zonedarea except between the hours of 6:00 a.m. and 10:00 p.m. during an official snowemergency or after winter precipitation events that cause icing or snow pack conditionsthat must be treated or plowed to provide for public safety. The Minneapolis Departmentof Public Works, Minneapolis Park and Recreation Board, and Hennepin County mayoperate snow and ice control equipment on public streets and other public areas at any

time, as it is the judgment of the city engineer that such activities are in the public

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excess of these limitations if, and only if, the outside amplified sound equipment is beingused on publicly owned and controlled properly in the Central Business District.

3) Sound measured at fifty (50) feet from the source shall not exceed ninety (90) dB(A). 4) Sound measured off the property where the equipment is allowed under the permit shall

never be more than fifteen ( 15) dB(A) above the ambient noise level. 5) Compliance with section 389.65 (a) and (b).

Permits shall be obtained in advance of the proposed extended hours of operation. (92-Or -122, 1, 10 -9-92; 97-Or -063, § 12, 7- 11 -97; 2006 -Or -033, § 5, 4- 28 -06; 2008 -Or -094, § 12, 12 -12 -08)

389.115. Sevembility.

Should any of the sections, paragraphs, sentences, clauses or phrases of this chapter, tine or Code ofOrdinances be declared unconstitutional or invalid, at the valid judgment or decision of a court of competent

jurisdiction, such unconstitutionality or invalidity shall not affect the validity of this chapter in its entirety orany of the remaining sections, paragraphs, sentences, clauses and phrases. (97 -Or -063, § 13, 7- 11 -97)

389.120. Penalties.

In addition to any penalties specifically provided for by the terms of this chapter, violations of the provisionsof this chapter may be enforced by any one, all, or any combination of the following penalties and remedies:

1) Violations shall be punishable as criminal offenses as stated in section 1. 30 of theMinneapolis Code of Ordinances.

2) - Violations may be enforced as administrative offenses pursuant to chapter 2 of theMinneapolis Code of Ordinances.

3) This chapter may also be enforced by injunction, abatement, mandamus, or any otherappropriate remedy in any court of competent jurisdiction.

4) The failure to comply with the terms of this chapter by the holder of any license, provisional license or permit issued pursuant to this Code shall constitute good cause foradverse action against such license, provisional license or permit. (97 -Or -063, § 14,

7- 11 -97; 97 -Or -067, § 3, 7- 25-97; 98 -Or -099, § 5, 10 -2 -98; 2008 -Or- -094, § 14, 12 -12 -08)

389.125. Violations deemed nuisances.

Violations of this chapter are deemed a public nuisance. As an additional remedy, the city attorney may, in acourt of competent jurisdiction, seek appropriate equitable relief in enforcing this chapter including, but notlimited to:

1) Declaratory relief pursuant to Minnesota Statutes Chapter 555 or other law; and/or2) Injunctive relief on either an interim or permanent basis. (97 -Or -063, § 15, 7- 11 -97)

389. 130. Waiver of ordinance as applied.

Any person who claims that the application or threatened application of this chapter or any section of thiscode regulating the generation of noise to such person violates their right to freedom of speech, freedom ofassembly, equal protection, or to the free exercise of their religion as secured by the Minnesota Constitutionor United States Constitution, should promptly apply to the director of inspections for a waiver. Applicationshall be made to the director on a form provided by the director. The matter shall then be heard by thedirector of inspections or the director's designee or referred to a hearing officer(s) as the director maydetermine. After hearing the matter or receiving the report of the hearing officer(s), the director or thedirector's designee shall grant such waiver to the extent necessary to eliminate the violation if the director or

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interest.

10) Noise control device. Removing or rendering inoperative any noise control device or thedesign of a product having those devices, by any person other than for purposes ofmaintenance, repair or replacement.

b) No noise shall be prohibited or restricted under the authority of this section which substantiallyburdens a person's exercise of religion unless it is demonstrated that application of the burdento the person is:

1) In furtherance of a compelling governmental interest. 2) The least restrictive means of furthering that compelling governmental interest. 3) Consistent with Article I, Section 16 of the Minnesota Constitution.

c) No noise shall be prohibited or restricted under the authority of this section which substantiallylimits speech unless such a prohibition or restriction:

1) Serves a significant governmental interest as applied in a particular case. 2) As applied in the particular case there are other ample alternative channels for

communication of the information.

3) Application of the regulation in the particular case promotes a substantial government

interest that would be achieved less effectively absent application of the regulation. 97-Or -063, § 7, 7- 11 -97; 97 -Or -067, § 2, 7- 25-97; 2006 -Or -005, § 2, 2- 10 -06;

2008 -Or -094, § 7, 12 -12 -08)

389.80. Outdoor implements.

Any outdoor implement such as a power lawn mower, snow blower, power hedge dipper, power saw, leafblower, or trimmer shall be operated only between the hours of 7:00 a.m. and 10:00 p.m. No leaf blowersshall be operated by any person without a muffler. A snow blower may be operated at any time during thependency of an official snow emergency and at any time within twenty -four (24) hours following a snowfall ofone ( 1) inch or greater. (Code 1960, As Amend., § 948.050; 97-Or -063, § 9, 7- 11 -97; 2008 -Or -094, § 9,

12- 12 -08)

389.105. Permits for sound amplifying equipment

Except as provided in section 389.60(e)(5), no person shall use or maintain any outside sound amplifyingequipment except under specific permit from the assistant city coordinator for regulatory services or theirdesignee. The fees for this permit shall be as established in the director's fee schedule pursuant to section

91. 70 for each calendar day for which amplified sound is played or operated subject to the followingconditions:

1) A daytime permit is required for outside sound amplifying equipment used between thehours of 7:00 a.m. and 10:00 p.m. An extended hours permit shall be required foroutside sound amplifying equipment used outside of the hours specified in thissubsection and may be issued only if (A) outside amplified sound equipment is beingused as part of a large block event and is explicitly allowed by the terms of the largeblock event permit issued pursuant to Chatenr 455 of this code; or (B) outside amplified

sound equipment is being used on publicly owned and controlled property in the CentralBusiness District, or (C) approved by the assistant city coordinator for regulatoryservices or the assistant city coordinator' s designee.

2) Amplification that does not meet the limits of section 389.60 shall be limited to twelve

12) hours in any one (1) day, twenty -four (24) hours in any seven ( 7) day period andthirty -six (36) hours in any twenty- eight -day period for the same property. The assistantcity coordinator for regulatory services, or their designee, may permit amplified sound in

6;

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director's designee determines based on the reliable evidence submitted or on the report of the reliable

evidence presented that application of the ordinance in such case would violate the applicant's right to

freedom of speech, freedom of assembly, equal protection, or to the free exercise of the applicant's religionas secured by the Minnesota Constitution or United States Constitution, section 389.60(g) or (h) of thischapter, or section 389.65 (b)( 13) of this chapter. (97 -Or -063, § 16, 7- 11 -97; 97 -Or -067, § 4, 7- 25 -97)

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Sec. 293.01. Definitions.

As used in this chapter, the following terms shall have the meanings ascribed to them in thissection.

1) PCA definitions adopted. Pursuant to Minnesota Statutes, Section 471.62, the definitions

contained in the Minnesota Pollution Control Agency Air Quality Division Noise PollutionControl Rules, Section 7030.0020, are hereby adopted by reference.

2) Construction. Any site preparation, assembly, erection, substantial repair, alteration orsimilar action, but excluding demolition.

3) Demolition. Dismantling or intentional removal of structures, utilities, public or privateright -of -way surfaces or similar property.

4) Department. The city department of safety and inspections. 5) Domestic power fools. Any mechanically powered saw, drill, sander, grinder, lawn or

garden tool, lawn mower, or powered snow removal equipment, or other similar device

commonly used outdoors, except for the manufacture, commercial repair or prolongedtesting of such tools.

6) Sound level (or noise level). The A- weighted sound pressure level, expressed in dBA,

obtained by the use of a sound level meter having characteristics as specified in theANSI Standard S1. 4 -1983.

Ord. No. 16915, 5- 20-82; Ord. No. 17448, § 1, 4-28-87, Ord. No. 17586, § 1, 9 -1- 88, C.F. No. 02 -653, § 1, 8- 14-02,

C.F. No. 07 -149, § 68, 3 -28-07)

Sec. 293.02. Noise as a public nuisance.

a) Generally. 1) It shall be unlawful for any person to make, continue, permit or cause to be made,

continued or permitted within the city, any loud, disturbing or excessive noise whichwould be likely to cause significant discomfort or annoyance to a reasonable person ofordinary sensitivities in the area.

2) The characteristics and conditions which shall be considered in determining whether anoise is loud, disturbing or excessive for the purposes of paragraph ( a) of this section, shall include, without limitation, the following: a• The time of day or night when the noise occurs. b. The duration of the noise.

C. The proximity of the noise to a sleeping facility and/or a residential area. d. The land use, nature and zoning of the area from which the noise emanates and

the area where it is perceived.

e• The number of people and their activities that are affected or are likely to beaffected by the noise.

f. The sound peak pressure level of the noise, in comparison to the level of ambient

noise.

b) Noisy assembly. 1) Defined. The term "noisy assembly" shall mean a gathering of more than one person in a

residentially zoned or used area or building that would be likely to cause significantdiscomfort or annoyance to a reasonable person of ordinary sensitivities present in the

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area, considering the time of day and the residential character of the area, due to loud, disturbing or excessive noise.

2) Permitting noisy assembly. It shall be a violation of this section for any person havingdominion, care or control of a residentially zoned or used area or building knowingly topermit a noisy assembly.

3) Remaining at a noisy assembly. It shall be a violation of this section to participate in, visitor remain at a gathering knowing or having reason to know that the gathering is a noisyassembly, except any person(s) who has/have come to the gathering for the solepurpose of abating the noisy assembly.

c) Animals. It shall be a violation of this section to own, keep, have in possession or harbor anyanimal or animals which make any noise to the reasonable annoyance of another person orpersons. The phrase "to the reasonable annoyance of another person or persons" shall include,

but is not limited to, the creation of any noise by any animal or animals which can be heard byany person, including the animal control officer or a law enforcement officer, from a locationoutside of the building or premises where the animal or animals are located and which animalnoise occurs repeatedly over at least a five - minute period of time with no more than aone - minute lapse of time between each animal noise during the five - minute period.

d) Amplified sound. It shall be a violation of this section to play, operate or permit the playing, useor operation of any radio, tape player, disc player, loud speaker or other electronic device usedfor the amplification of sound, unless otherwise permitted by law, located inside or outside, thesound of which carries to points of habitation or adjacent properties, and is audible above the

level of conversational speech at a distance of fifty (50) feet or more from the point of origin ofthe amplified sound.

e) Motor vehicles. 1) Generally. It shall be a violation of this section to use any automobile truck motorcycle

or other vehicle which causes or would be likely to cause significant discomfort orannoyance to a reasonable person of ordinary sensitivities present in the area due toloud, disturbing or excessive noise.

2) Amplified sound from motor vehicles. It shall be a violation of this section to play, operateor permit the playing, use or operation of any radio, tape player, disc player, loudspeaker or other electronic device used for the amplification of music or other

entertainment, which is located within a motor vehicle on a public street or alley, or in a

commercial or residential parking facility, which is audible by any person from a distanceof fifty (50) feet or more from the motor vehicle. When sound violating this section isproduced or reproduced by any such device that is located in a motor vehicle, the motorvehicle's owner, if present when the violation occurs, is guilty of the violation. If the motorvehicle's owner is not present at the time of the violation, the person who has dominion,

care or control of the motor vehicle at the time of the violation is guilty of the violation. Inaddition to an owner or a driver, any person who controls or assists with the production, reproduction, or amplification of sound in violation of this section is guilty of the violation.

3) Homs and other signals. It shall be a violation of this section to sound any horn or signaldevice on an automobile, motorcycle, bus or other vehicle, except as a danger signal or

traffic warning, which would be likely to cause significant discomfort or annoyance to areasonable person of ordinary sensitivities in the area.

4) Application of the MPCA rules. No person shall operate a motor vehicle in the city inviolation of the motor vehicle noise limits of the Minnesota Pollution Control AgencyRules, Sections 7030.1000 through 7030.1600.

f) Penalties.

1) A violation of any section of this chapter is a misdemeanor, and a sentence of not more

2 of 6 09/04/2013 9:01 AM

than ninety (90) days in jail, or a fine of not more than one thousand dollars ($ 1, 000.00),

or both, may be imposed. a• Each day a violation of this ordinance is committed or permitted to continue shall

constitute a separate offense and may be punished separately. C.F. No. 02 -653, § 1, 8 -14-02; C.F. No. 05 -264, § 2 4-27 -05)

Edkoes note -

C.F. No. 02 -653, § 1, adopted August 14, 2002, amended the Code by repealing former §§ 293.02

293.04, and adding a new 293. 2. Former §§ 293.02- 293.04 pertained to noisy assembly; motor vehicles; and homs and audible signaling, respectively; and derived from Ord. No. 16915, adopted May 20, 1982; and Ord. No. 17448, adopted April 28, 1987.

Sec. 293.04. Railroad locomotives, sounding whistles. a) Statement of legislative finding intent and purpose. The council finds that the sounding of

railroad locomotive whistles at grade crossings is on the increase. The increased use of

railroad locomotive whistles at grade crossings throughout the city and especiaily in. residentialneighborhoods near railroad grade crossings has created an atmosphere that is conducive

neither to the quiet enjoyment of property nor to the peace and dignity of the city. For thepurposes of protecting and promoting the safety, welfare and convenience of the public, and thesafety, welfare and convenience of the railroad employees operating locomotives in the city, and in conformance with Minn. Stat. §§ 219.567, the council finds it necessary to establish thefollowing noise regulation pertaining to railroad locomotive whistles.

b) Unnecessarily sounding whistles. No person shall sound or blow any whistle of any locomotivewithin the city limits, except as a warning of imminent and immediate danger to life or property. The sounding of any locomotive whistle shall be prima facie evidence that it was sounded bythe engineer operating the locomotive.

C.F. No. 98 -522, § 1, 7 -8-98; C.F. No. 02 -653, § 1, 8 -14-02)

Editor's note -

C.F. No. 02 -653, § 1, adopted August 14, 2002, amended the Code by renumbering former § 293.04.1as a new § 293.04

Sec. 293.05. Exhaust.

No person shall discharge or permit the discharge of any steam engine, stationary internalcombustion engine, motor boat, motor vehicle or snowmobile except through a muffler or other device

that effectively prevents loud or explosive noises therefrom and complies with any applicable statelaws and regulations.

Orr. No. 16915, 5- 20 -82,• Ord No. 17448, § 1, 4- 28-87)

Sec. 293.06. Domestic power tools.

No person shall operate any domestic power tool between the hours of 10:00 p.m. and 7:00a.m. in a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet and comfortof any person nearby. Operation of a domestic power tool during those hours in such a manner as tobe plainly audible at the property line of a structure or building in which it is located, in the hallway orapartment adjacent, or at a distance of fifty (50) feet if the source is located outside a structure orbuilding, shall be prima facie evidence of a violation of this section.

Ord. No. 16915, 5- 20-82; Ord. No. 17444 § 1, 4- 28 -87,• C.F. No. 02 -653, § 1, 8 -14-02)

3 of 6 09/04/2013 9:01 AM

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Editor's note --

C.F. No. 02 -653, § 1, adopted August 14, 2002, amended the Code by repealing former §§-29-3-9-6and 293.07, and renumbering former § 93. 293. 11 as new § §- 293.09. Former

222M and_293.07 pertained to defective vehicles, loads; and radios, paging systems, etc.; and derived from Ord. No. 16915, adopted May 20, 1982; Ord. No. 17448, adopted April 28, 1987; and C.F. No. 96 -642, adopted July 3, 1996.

Sec. 293.07. Noise source limitations.

a) No person shall operate or cause to be operated on any property or properties any source ofnoise or sound in such manner as to create a sound level outdoors which exceeds the limits set

forth for the receiving land use classification in Table 1 below when measured at the point ofhuman activity which is nearest the noise source.

Table 1. Sound Level Restrictions for Receiving Land UseClassifications As Determined by the Location of the Receiver

Oise nd Use Time vel

Receptor lassification Elr

Class 1 - 1 - 1 1 - 2 and 1 - 3 At all times 80 dBA

Class II 1 through R -4, 00 a. m. to 10: 00 p. m. 65 dBA

T -1 RT -2

1 through 10 :00 p. m. to 7:00 a. m. 55 dBA

RM -3 P -1 and PDlass III

r 1 through B -5, t all times 0 DBA

2C and OS -1

b) Reserved.

c) Construction and demolition noise limitations shall be as follows: 1) No person shall operate or cause to be operated construction or demolition equipment at

any construction site in such a manner that the operation exceeds a L10 noise level ofeighty -five (85) dBA at a distance of fifty (50) feet measured from the source.

2) If the construction site is within or abuts residentially zoned property within Class II, theconstruction or demolition equipment shall observe the noise limits specified inparagraph (b) of this section.

d) The following noise sources are exempted from the provisions of this section: 1) Fire, civil defense or other emergency signaling devices. 2) Authorized emergency vehicles, including police vehicles, fire vehicles and ambulances,

and city snowplowing vehicles. 3) Noise created exclusively in the performance of emergency work to preserve the public

health, safety or welfare, or in the performance of emergency work necessary to restorea public service or eliminate a public hazard shall be exempt for a period of twenty -four24) hours after the work has begun.

4) Domestic power tools, when used between the hours of 7:00 a.m. and 10:00 p.m.

4 of 6 09/0412013 9:01 AM

5) Parades and one -day festivals. 6) Any festival or exhibition of no more than three (3) days in duration and sponsored or

conducted by a neighborhood -based nonprofit organization from the hours of 7:00 a.m. and 10:00 p. m., providing that sound from any stationary electronically poweredequipment used in conjunction with the festival or exhibition does not exceed ninety (90) decibels as measured from a distance of fifty (50) feet from the source.

Ord. No. 16915, 5- 20-82; Ord. No. 17444 § 1, 4-28 -87,• Ord No. 17572, § 1, 7 -5-88; Ord No. 17766, §§ 1, 2, 9-4- 90;

C.F. No. 02 -653, § 1, 8-14-02)

Nome-- Former § 293.09. See editor's note, 293.06

Sec. 293.08. Administration.

a) Responsibility ofenforoement. The primary responsibility of enforcing the provisions of sections293.02 through 293.08 shall be with the police department. The primary responsibility ofenforcing the provisions of section 293.09 shall be with the department.

b) Noise impact statements. Any city department or agency may require a noise impact statementin association with any change in zoning classification, in planning of a structure, or in anyoperation, process, installation or alteration which may be considered as a potential noisesource, or in reviewing a request for a variance under this chapter.

c) Performances ofdeparatment The department shall also perform the following: 1) Prepare for city council approval and keep on file guidelines establishing the test

procedures and instrumentation to be utilized.

2) Conduct inspections as required to determine whether violations exist.

3) - Review all variance requests and make recommendations to the city council. There ishereby established within the department a dedicated activity to which all receipts anddisbursements for noise level variance requests will be recorded.

4) Issue orders for abatement of noises which constitute a violation. 5) Conduct such research, monitoring and other studies related to sound as are necessary

or useful in enforcing this chapter. Ord. No. 16915, 5- 20-82; Ord. No. 17448, § 1, 4-28 -87, C. F. No. 02 -653, § 1, 8- 14-02, C. F. No. 07 -149, § 69, 3 -28-07)

Note — Former § 293.10. See editor's note, 293.06

Sec. 293.09. Variances.

a) Authority. The city council shall have authority, consistent with this section, to grant variancesfrom the sound level restrictions contained in section 293.07

b) Application. Any person seeking a variance shall file an application with the department on aform prescribed by it. The application shall include the following information:

1) Name of responsible person.

2) Dates during which the variance is requested. 3) Location of particular noise source and times of operation.

4) Nature of the noise source and equipment involved.

5) Reasons why a variance is sought. 6) Steps taken to minimize the noise level from the source.

7) A noise impact statement, if required by the department. c) Fee. The application shall be accompanied by the payment of a fee, which fee shall be listed in

chapter 310 of the Saint Paul Legislative Code. d) Notice:

5 of 6 09104/2013 9: 01 AN

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1) The department shall notify by mail all properly owners within two hundred (200) feet ofthe source of the proposed variance, measured from the property line of the noisesource. If the department finds, however, that more than one hundred fifty (150) propertyowners are within two hundred (200) feet of noise source, it may, in its discretion, send

no more than one hundred fifty (150) notices to such property owners as it determineswill be most affected by the noise source. Further, if more than one hundred fifty (150) property owners are determined to be affected, the department shall cause to bepublished in newspapers of general circulation a notice whose contents shall be in

conformance with this chapter and in a form customarily used for governmentalannouncements. The department may, if feasible, place the notice in communitynewspapers serving the area. The department shall also notify the city councilmember(s) and district planning council(s) whose areas are affected.

2) The notice shall include a statement describing the variance request, the date of thepublic hearing before the city council on the variance request, and a statement thatwritten comments or objections may be filed with the department within fifteen ( 15) daysof the mailed notice.

e) Action on application:

1) Within thirty (30) days of receipt of the application, the city council shall hold a publichearing on the application.

2) After a public hearing, the council may by resolution grant, deny, modify or revoke thevariance request.

3) The variance may be granted or modified only if the council finds that full compliancewith the requirements of this chapter-would constitute an unreasonable hardship on theapplicant, on other persons, or on the community. The council shall balance the hardshipto the applicant against the adverse impact on the health, safety and welfare of the

persons affected, the adverse impact on property affected, and any other adverse effectsof granting the variance.

4) The variance may be granted subject to conditions, including restricting the hours ofoperation of the noise source, a time limit for duration of the variance, or attempts the

applicant shall make to bring the noise source into compliance with this chapter. 5) If a variance is granted, the applicant may be required to pay the city's cost of monitoring

sound levels and compliance with other conditions. 6) Emergency variances, in which immediate work is necessary to restore property to a

safe condition or when immediate work is required to protect persons or property fromimminent exposure to danger, may not be restricted in hours of operation, and maysupply the information stated in the application in paragraph (b) after the work hasbegun.

Ord. No. 16915, 5- 20-82, Ord. No. 17448, § 1, 4- 28-87, Ord. No. 17614, § 1, 11- 22-88, C.F. No. 02 -653, § 1, 8 -1402,

C.F. No. 07 -149, § .70, 3 -28-07, C.F. No. 08 -213, § 1, 3- 26 -08,• Ord 12- 61, § 1, 11 -7 -12)

Note — Former§ 293. 11. See editor's note, 2§ 93.06

6 of 6 09104/ 2013 9:01 AM

August 15, 2013

Dave Christian

City of New Ulm100 North BroadwayNew Ulm, MN 56073

RE: New Ulm Steel & RecyclingCommunity Noise & Vibration MonitoringIEA Project #201310667

Dear Mr. Christian:

M

Providing TrustedHealth & Safety Solutions

IEA, Inc. has completed the community noise and vibration monitoring at New Ulm Steel and Recyclingconsistent with our proposal dated June 14, 2013. The steel recycling facility is located 218 - 19s` SouthStreet in New Ulm, Minnesota. The monitoring was conducted to determine compliance with the City ofNew Ulm' s noise and vibration performance standards.

SITE INFORMATION /OBSERVATIONS

IEA conducted the noise and vibration monitoring on August 1, 2013, before and during operation of themetal shredding equipment. Monitoring was conducted before operation to establish baseline noise andvibration levels. Sources of noise from the operation include the metal shredding equipment, the radiator

fans which are located along the west side of the shredder, and trucks moving metal scrap. The facilityproperty is bordered by a railroad to the east, a paved public trail to the west, and roads on the noith andsouth.

Noise and vibration measurements were collected at the facility boundary. The wind speed ranged from5. 8 to 6.9 mph during the monitoring. Wind direction ranged from the south to the south/ southweA. A site map with locations marked and photos taken at the monitoring locations are provide inAppendix A.

EVALUATION CRITERIA

The City of New Ulm Code ( §9. 12 Subd. 8 Performance standards, B.2. Noise) states the following: Noise shall be measured on any property line of the tract on which the operation is located... At the

property line, the sound pressure level of noise radiated continuously from a facility shall not exceed thevalues given in Table 1 herein.

1NSTffUTE FOR ENV1RONMEr'N!'AI, ASSFSSMi;NT, 1NC..

wwrl :ieasajetycomBROOKLYN PARK MANKATO ROCHBTER OMAHA

9201 West Broadway, 9600 61owunh kiverfront Drive 210 WoWlake drive SE ? 887 L" SMetBrooklyn Paris, MN 5$445 Mank, to, M14% 001 Rochester, MN 55904 Ralston, NF 68127

763 -315 -7900 r FAX 763- 11$- 7920 507. 445 -88! 8 / FAX 507- 345 - 5301 507 -281 -666? 1 FAX 507 - 281. 6695 402. 339.61401 FAX 40]- 339. 7504

800.233- 9513 8004724160 800.233- 9513 - 800. 133. 9513

M

Qty ofNew UlmIRA Project VA1310667

New Ulm Steel & Reeyeang - Commoalty Noise & Vibration Mankerb s ReportAugust 1S, 2113

Table 1

Frequency Band MuimumPermitted Center ofFrequency BandHZ) Sound Level (dB)

475

75 -150 67 1i2:5

130 -300 59, 225300 -600 52 450

600- 1200..:.

2400 -4800 34 3600[3.6]

Over 4800 32 7200

Hz - hertz= oycles/seeondkHz = kileboUd8 - decibels"

Frequency bands are rdhmeed below by the frequency that is at the cages of the band. (This coh» I was added to Table 1.)

The City ofNew Ulm Code ( §9. 12 Subd. 8 Performance standards, B.6. Vibration) states the following: Vibration shall not be discernible at any property line to the human sense of feeling for three minutes or

more duration in any one hour. Vibration ofany kind shall not produce at any time an acceleration ofmore than one tenth (01) gravities .. "

RESULTS & DISCUSSION

NOISE MONITORING

The site map with monitoring locations is provided in Appendix A Graphs of thenoise measurementsand information on weather conditions during the testing are provided in Appendix B. The testingmethodology is provided in Appendix C. The testing methodology was based upon the City ofNew Ulm. Code.

Baseline Noise Levels (MW Location 1. Graph DBaseline -noise, monitoring was conducted price to the startup ofthe shredding machine. Backgroundnoise on the property during the monitoring included truck traffic and machinery moving metal seraP. Background noise outside the property boundary includes vehicle noise from the roads on all sides oftheproperty, and rail cars on the railroad at the east property line. No rail cars passed by the property duringthe baseline monitoring. Baseline noise levels were below the noise standard.

This monitoring location was located between the tracks belonging to New Ulm Steel & Recycling and

the main railroad tracks. At shredding machine start up (before shredding began), the noise levelexceeded code for the frequency band centered at 900 Hertz (Hz) and the higher octave bands. Duringshredding, the noise level exceeded code over the same frequency range but the sound levels were higher.

Comer af&st ftUM! B & & Ujh ` st & a

Graph 2) - Shredding

The "center ofeast boundary" monitoring location was located directly east ofthe shredding machine. The noise level at this location exceeded code for the frequency band centered at 450 Hz and the higheroctave bands. The " south end of the east boundary" monitoring location was located by the red and whitebuilding. The noise level at this location exceeded code for the frequency band centered at 225 Hz andthe higher octave bands.

W, lip... Page 2 of 4

INSTITUTE FOR ENVIRO iMENTALAS5ESSMEN-r. INC, wliwleasafetv.cam

Qty Or New Ulm IRA Project # 241310667

New Uba Steel & Regyft - Commraky Noise & " brAle. M.. k rin Report Awst IS. 2913,

The "east end ofnorth property boundary" monitoring location was just outside of the gate on the dirtroad off of 16* South Street. The noise level in this location exceeded code for the frequency bandcentered at 900 Hz and above. The noise level in the center north boundary location exceeded code forthe frequency band centered at 450 Hz and above. The noise level for the west property exceeded codefor the frequency band at 225 Hz and above.

South Properiy$ oundaa (Graph 4) The " south property boundary" monitoring location was adjacent to the "New Ulm Steel & Recycling"

sign. Noise levels exceeded code at the frequency band centered at 450 Hz and above.

VIBRATION MONITORING

The site map with vibration monitoring locations is provided in Appendix A- Summary vibration datatables are provided in Appendix B. The testing methodology is provided in Appendix C. The testingmethodology was based upon the City ofNew Ulm Code.

Baseline lrbratian Levels

Baseline vibration levels measured before startup ofthe shredding machine ranged from -0.011 gravitiesg) to 0.037 g.

PryBoundary Perimeter Vibration Levels

Vibration levels ranged from -0.011 g to 0.038 g. These levels are below the City ofNew Ulm Code forVibration and are similar to the baseline levels. In addition, no vibration was discernible at the propertyline during the monitoring.

CONCLUSIONS & RECOMMENDATIONS

NOISE MONITORING

Noise levels at the property perimeter while the shredding machine was operating exceeded the City ofNew Ulm Code for noise for the higher frequency bands. The site is not in compliance with the New UlmCity Code for noise.

Investigate engineering control measures to reduce noise levels at the frequencies of 225 Hz andabove.

VIBRATION MONITORING

Vibration levels at the property perimeter while the shredding machine was operating were below the CityofNew Ulm Code for vibration.

GENERAL COMMENTS

The analysis and opinions expressed in this report are based upon data obtained from the City of NewUlm at the indicated locations. This report does not reflect variations in conditions that may occur acrossthe site, property, or facility. Actual conditions may vary and may not become evident without furtherassessment.

IEA, tae. Page344

INSTTrUTE FOR ENVIRONMENTAL ASSESSMENT. NC, . wHnv ltxug0ty. com

City of New Ulm IEA.Projeet #201310667

New Ulm Sted &. in - Community Noise & V16ra0en M. August 15, xn3

The report is prepared for the exclusive use of our client for specific application to the project discussedand has been prepared in accordance with generally accepted environmental practices. Other than asprovided in the preceding sentence and in our Proposal #3243 dated June 14, 2013, regarding CommunityNoise & Vibration Monitoring at New Ulm Steel & Recycling including the General Conditions attachedthereto, no warranties are extended or made.

If you have any questions, please contact our office at 763- 315 -7900.

Sincerely,

IEA, Inc.

0 f:M'I' Ii, LIED AP O+M Steve Zechmeister, P.E. LEED AP O+M, QCxPProject Manager Mechanical Engineer

081513

Enc.

0 HU4 Inc Page 4 of 4

INSI ?CUTE MR ENVIRONMENTALASSESSMENt, INC.

wKw4easafefy,.Com

Appendix A

Site Map and Photographs

INSTrrurE Ff >R ENVSRONMENPALASSMMENT. MC.

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Event Table: New Ulm - t.oc siion 1- E 8ounclary EDR3C #0973 Axelwation - Baseline

fLime d Event Peak XPeak YPeak ZPeak " mentGPB

8: 1 August 1, 2013 9:3811 am 0.230 - 0.394 0.898 0.838 Set: :Up6: 2 August 1, 2013 8:98 3e am 0.445 0.486 1. 142 1. 2t

6 8 7 Augot f 2013,9:45:2 -Tan 11 1111` Otter

6: 4 August 1, A136: X98, 113 am; 0 11 . 0, 11 4 11 € i 1

2U3 9` tt1.a: - (}:# 119 O tttl t f. 0 l { i:Q9t::

5: 8 ugusi 1, 20139:58:70 am OA-11' -0.148 0194 0.

6: 7 Aug i 1, 2015'& 58:14 ar t tled! 0.3x8, -0.1.03 t1.3 8. 8 August 1, 2013': M:32 ani ales -8.057- 0 034 D 1756: 9 August 1, 2013 918:38 am I -0 0,33f -0.149 0.4d Shutdown

6:10 rAupust 1, 2613'"1

6:42.a6a wi! 4i 3.(313` 6.434.. 0.:11 August t, 2018 8:58:47 sun

i 4.011 6AW8:13 t 1, 2013 9:58:51 any 41.22 - 0.040 0.90 0.90*

Highlighted rows indicate vibration levels during baseline monitoring.

Mon Aug 0515:28:(19 2013 Page 1 of 1

Event Table: New Ulm - Location 2 -E Boundary EDR3C 110973 Accelerationliime of Event Peak XPeak'YPeak ZPeak RCommeMGPS

9: 1 August 1, 2013 11: 57:27 ams-

0:011 - 0.014 ` O.fl3+{ 11;0_

0:2 August 1, 201311:57:33am OM. - 0:011 • O:Ofi1 0.0209: 3 August 1, 2013 °il.-'6'748 -am 0:077 = 0:126 X0. 103 0:1319: 4 August 1, 001$ 11. 57-.53 aim 0:065 0;080 -Q034 ' 0, 9: 5 August 1, 101.311-:67:60 am 0.055. 0.06(# -0;657 , 64 . 9: e August 1, 20131' I: b$:09 sm O.M 64051 41.057 0 .1,009: 7 August 9, 201311:5823 am 0077-'4 - 0.034 0:059: 8 August 1. 201311: 58 :32 am 04-W 0:080 4:057 01. 1011.,' 9: 9 August 1. 201311 so:0 11'm 0.31.0 -0:378 0.720 H f .

R

9:10 t 1 W2013 12 0225 pm 0:,011 4 011 6,10i' 4J.11 August 1,` 201812:0 ?Yt6prra 0.011.,} 0 0.03 ti:038

X12 August 1., 20131212W77 pm O O t b,1 fl 011° O Li19

9: 13 August 1, 20131212:31 pm 0.142 -0.f 02 -0.103 09:14 August 1, 2401312:12:43 pm 0.121 6, 10.2- 0.067 0. 153` . . 9:15 August 1, 201312:12: 51 pm 6.055 41057 - 0103 0.118

9:16 X —twat 1, 201312 :12:55 pm 1 - 0.077 0: 102 -0.057 0132917 August 1, 201312: 13:02 pm 0;0919 0302 - 0.034 0.114

Shutdoc

9:1V August 1, 2011 3 121 3: 12 pm 0.121 0.1254. 194 0.243, 9:19 August 1, 201312:13:19 pm 0.:077 0.057 - OAST 0.08591: 20 August. l, 207312:13:23 pm 0.065 - 0,080 - 0.034 0.08

Highlighted rows indicate vibration levels while monitoringshredding machine.

Mon Aug 0515:19:51 2013 Page 1 of 1

i;

Mon Aug 0515: 28: 53 2013 Page 1 of 1

Event Table: New Ulm - Location 7 - S Boundary EDR3C 00973 Acceleration

Time of Event Peak Weak YPeak ZPeak RCommentGPS

12: 1 August 1;,: 201813WOMg

0.0lM , 012OA3? 0:

t2- 2 f 4 -M,31: A'2.0M 4.='-

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12: 4 At t1 : 013 t :1°i. prn 0W -t1. - 1} i ID. U*

12:5t1. 1 1: 3517f 4t#1U 0.1# 1+ 0. 1:1i4; 4.14212: 6 August 1... ZS1t3 x: 23 ¢ ti. 422 -01't# -0 81 #. i7 et p12. 7. gust 1, 29131357 pns tf OSS 0121' 0 01AO

1.2. 8 1•, 28131.35 32 urn # 01'44 -0.12 - W # 1. 187

12. 9 Au wsi 1, 2Ot3 1: 58 pm 3.1.tii6. 19wO97 - 7i31tt, 1i. i1.

12: 10 1., 2013 98 24 pbt 0 1251, 1. 3 1

12. 11 AuO si • 1, 2M 3' 2' pn 0.011T' 0`012',1003_< O tt3A,`

12. 12 I itir s111131;?43 JFt ln, 1, 1521 - 01.9- 1`Z t`.tt 020

12:13 August 1, 20131.47 315 pm 0.122 4iO4 4104; 0.181

12:14 August 1. 20131.4748.pm 0.122 0. 127 - 0.10, 0-2

12:15 August 1. 20131 X47.53 pm 0.122 0.104 410. 0171.

12:16 Au st 1, 20131A7w5$.pm 00W.. 0.104 - OA58 0. 11412;47 August 1, 2M3 1, AU4 pm 0.078 O. t51} - 0.08t 0. 1511 Shutdown

12:18 August 1. 20131:d81. pm 0.122 0081; -0.081 0.13512:10 August 1, 20131 :18. 12 pm 6.066 0144 -0A5$ 0.106.

12:20 August 1, 20131.48:17 pm 0111 0.196 -0.266 0.32 ' t;

mi August 1 20131:48:25 pm 0.122 0.081 -0.058 0.12 , r.

Highlighted rows indicate vibration levels while monitoring

shredding machine.

Mon Aug 0515: 28: 53 2013 Page 1 of 1

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Appendix C

Methodology

INSTI'YUTE FOR ENVIRONMENTALASSESSTYMNT, INC,

w. ieas fery. can

J

Community Noise Testing etibioi+

Noise levels were measured using a B&K Model 2250 sound level meter. The sound level meter wascalibrated with B&K Calibrator Model 4231. IEA followed requirements described in the City ofNewUlm Code ( §9. 12 Subd. 8 Performance standards, 8. Noise). The sound level meter was placed on atripod at a height of4.3 feet from the ground. Measurements were taken at the property boundary. Noisetesting was terminated when a loud background noise source was approaching (e.g. truck or train).

Community Vibration Testing Methodology

Vibration levels were measured using an Instrumented Sensor Technology (IST) Shock & Vibration

Sensor /Recorder Model EDR -3C. The instrument is supplied with a built -in triaxial accelerometer. The

instrument was configured to record vibrations over 0.07 gravities. ' lice instrument was Placed on the

Wound and weighted down with a 25 lb. bag. Measurements were taken at the property boundary. Thetimes of events with potential to affect the readings were noted (e.g., truck and train traffic).

1N57"rrUTE FOR FNVLRONMENrALASSE.SSMENT, INC, www teatafet, rom

December 10, 2013

City ofNew UlmCity Manager100 North Broadway - P O Box 636 Telephone: ( 507) 359 -8233New Ulm, Minnesota 56073 -0636 Fax. (507) 359 -9752Email: briangrameniz@ci. newulm.mn.us Web Site www.ci.newulm.mn.us

Conclusions and facts drawn from staff site visits and city ordinance review:

1. There are residential areas associated with each of the five Industrial zonedrecycling/shredding operations. All have an assortment of the following: railroad tracks, large truck traffic, state highway, or a river in close proximity toboth of the zoning uses.

2. The Minneapolis location was housed within a structure. It was veryapparent that the low frequency noises were located inside the building, and thehigher frequency noises were located outside the building. They still receivednoise complaints from a residential area across the river a few times a year.

3. Their operations all sounded similar to the New Ulm Steel and RecyclingNUSR) operation, except for the Minneapolis operation activities found within

their building.

4. Noise Ordinances: Based upon the metered testing results submitted byIEA, the NUSR operation would pass the Anoka, Brainerd, Minneapolis, St. Paul noise ordinances.

Each city' s ordinance is different than the others. Some use frequency, someuse decibels (dBA). Some use /reference the MPCA regulations, some do not.

Brainerd was the least restrictive of the noise ordinances, focusing on vehicles, electronic amplified music, and noisy parties in residential areas.

Some ordinances ( as well as the MPCA) do list a L 10 measurement whichallows for louder pulses in noise to occur 10% of the time in a one hour period,

with a cap of 80 dBA plus 10% ofthe time louder, with no spike dBA cap

listed. The second measurement L50 sets a lower 75 dBA cap, but allows thelouder pulses in noise to occur 50% of the time in a one hour period with no

spike dBA cap listed.

Some had both day time and night time maximum dBA limits, some had oneoperational regulation limit (night or day).

New Ulm Steel and recycling would pass the noise regulations of the other fourrecycling/shredder locations as their noise was slightly over 70 dBA at thelowest frequency levels, and dropped to under 40 dBA at the higherfrequencies, meeting both L 10 and L50 MPCA limits.

5. No analysis ofvibration was conducted as NUSR had passed our ordinanceregulation in the initial testing. In addition, I did not see any vibrationregulations in the materials reviewed from the four other communities.

6. No other ordinances reviewed mentioned explosions. I suspect that shouldan industry operation include a planned operational explosion to manufacture aproduct, there likely would be an ordinance created to address it. But the fact isexplosions are not desired by either the community or the industry. They arenot a necessary part of the shredding operation, so are not planned, scheduled ordesired. Although not unexpected to some degree, as even the New Ulm CityCode doesn' t have a zero tolerance level requirement.

One recycling/shredding site did perform four levels of inspection for potentialexplosive materials. Turning their product over in the yard by three differentpeople, at three different locations looking for explosive materials before it isloaded onto the conveyor /shredder, and finally, the shredder operator monitorsthe materials before they enter the shredder.

Although the explosions were the primary reason for the Police and FireDepartments to be called to the NUSR site, it is the most unpredictable outcome

of the operation and can virtually be eliminated by NUSR' s own precautionaryactions. Based on the information obtained at the Minneapolis site, even with

the best intentions, some explosion can occur when something slips throughundetected.

CONCLUSION:

Even though other communities were visited, and their regulations reviewed

and compared the New Ulm' s regulations, it is the New Ulm City Code thatregulates the sound, vibration and explosions allowed to emanate from the New

Ulm Steel and Recycling operation.

Until the City Code is changed, NUSR is in violation of the high frequencyabove 400 Hz) dBA limits.

NUSR would not be in violation ofnoise regulations if they were located inMinneapolis, St. Paul, Brainerd or the Anoka recycling/shredder locationaccording to their respective ordinances. This fact probably doesn' t eliminatenoise or explosion complaints coming from area residents/citizens.



Agenda Section: New Business Originating Department: Administration

Resolution: N/A

Prepared By: Human Resources DirectorOrdinance: N/A

Number of Attachments: Two Presented By: City Manager

Item: Consider motion approving Appendix K to the City/PUC Employee Personnel PolicyManual, which sets forth the required eligibility criteria for employee coverage under thecity' s health insurance plan.

City Manager' s Proposed Action: Motion by Second by approving Appendix K - Health Insurance Eligibility Policy { ATTACHMENT 1) tothe City/PUC Employee Personnel Policy Manual and strike the text in Section 9 — Benefits for Regular, Part-time

Employees, as set forth in ATTACHMENT 2..


N/A

Overview:

The Affordable Care Act requires large employers (an employer of 50 or more employees), who sponsor group healthinsurance plans, to adopt specified provisions establishing employee eligibility for enrollment in the employer' s grouphealth insurance plan. ATTACHMENT 1, Appendix K — Health Insurance Eligibility Policy, encompasses and complieswith the eligibility for coverage mandates of the Affordable Care Act.

As a result of the new employee eligibility provisions ofAppendix K, existing language in the City/PUC EmployeePersonnel Policy Manual, Section 9 — Benefits for Regular, Part-time Employees, pertaining to part-time employeeeligibility for pro -rated health insurance benefits, has been rendered non - compliant and is recommended that the languagebe deleted from the section, as illustrated in. ATTACHMENT 2.



Attachments:

ATTACHMENT 1: Appendix K — Health Insurance Eligibility PolicyATTACHMENT 2: City Personnel Policy Manual, Section 9 - Benefits for Regular, Part-time Employees

32. 11

APPENDIX K

Health Insurance Eligibility Policy

It is the policy of theCity's employees is

financial hardship duthe City of New Ulm

City that the health and welfare of thein—our mutual interest. To help avoid

to non - occupational illness or iniurv.

offers major medical insurance, which

provides coverage for hospitalization, accidents,

prescriptions, preventative care, major medical, and more.

a. Policy - Complete details of the benefits provided by theplan are found in the individual insurance booklets

provided to each employee.

b. Eligibility - All current full -time and regular part -time

employees working a minimum of 30 hours per weekduring the prior year measurement period, as defined in

IRS Notice 2011 -36, may participate in the City'smedical insurance plan. The City has adopted a twelvemonth measurement period beginning November

1St

of

each year. The measurement period will be followed bya two month administrative period lasting until

December31St.

The City' s annual health insurance

open enrollment period is October15t"

through

November15t ".

If an employee is deemed eligible bymeeting the minimum 30 hour average during the

defined measurement period, the employee will then be

eligible for coverage during the corresponding twelvemonth stability period beginning January

1St

through the

end of the year.

1. All newly hired full -time employees are required tosatisfy a short waiting period prior to coverage.

Eligibility for coverage begins the first of the month

following a 30 day wait period unless the

employee is hired within the first seven ( 7) days of

the month. If hired within the first 7 days of the

month, the new employee is eligible for coverage

beginning the first of the next month without

completing the full 30 day wait period.

2. All newly hired regular part -time employees mustaverage at least 30 hours of work per week for an

11 month look back period before being offeredhealth benefits. The look back period will begin thefirst full month of employment. Coverage would

then begin the month following the completion ofthe 11 month look back period.

c. Policy Required - Full -time employees are required to

carry at least single coverage but are not required tocover members of their family. Additionally, part -time

employees are not required to cover themselves or their

dependents through the City. Employees electing to

waive health insurance coverage for themselves or anydependents will be unable to add coverage through the

City until the next open enrollment period unless a lifeevent occurs as defined by HIPAA and the Departmentof Labor.

d. Premiums - Medical insurance premiums for full -time

employees with family plans are cost - shared by the Cityand employees at a rate of 80% paid by the City and20% paid by the employee. Single coverage is paid

100% by the City. Part -time employees electing singlecoverage will be responsible for a portion of the

premium equal to 9. 5% of the Federal Poverty Line

FPL). The City will cover the remaining portion. Part -

time employees electing family coverage will be

required to contribute 40% of the family premium whilethe City will cover the remaining 60 %. The employee' s

share of the premium is collected as a payroll deduction

on the first two pay dates of each month.

e. Combined Benefits - The following example is to helpclarify how the carrier provided benefits and the City'sself- insured benefits work together. Employees mayalso refer to their individual insurance booklets for

details of coverage.

The employee pays 100% of the first $ 300 of eligible

expenses to meet the $ 300.00 deductible ($ 600.00

family) under the underwriter's $ 2500.00 deductible.

The remaining $ 2,200.00 ($ 4,400.00 family), which is

required to meet the underwriter's deductible, is

reimbursed directly to the provider by the City, through

Flexible Benefit Administrators, Inc. at 80 %. The

employee is responsible for the other 20% of co-

insurance. At that point, the carrier begins to pay 80% of the next $ 2, 500.00 ($ 5,000.00 family) in eligible

expenses and the employee pays 20%

500.00/$ 1, 000.00). For in- network medical eligible

expenses exceeding the $ 5,000.00 single ($ 10,000.00

family), the carrier begins to pay 100% of the charge.

The employee' s overall out -of- pocket maximum is

1, 240.00 per year for single contracts and $ 2,480.00

per year for family contracts for in- network eligible

expenses.

SINGLE Employee New Ulm PreferredOne

COVERAGE Pas Pays Pays

1S $

2, 500 740 117600_ 0

expenses 300 +20% 80% of

of $2, 200) 2, 200)

Next $2, 500500 2, 000

20% of 0- 80% ofexpenses

27500) 2, 500)

Over $5, 000 0- 0- 100%

Total1, 240 out-

17760of- ocket

FAMILY Employee New Ulm PreferredOne

COVERAGE Pas Pas Pays

1St $

5, 00011480 37520

600 +20% 80% of 0- expenses

of $4,400 45400)

Next $5,00011000 4, 000

20% of 0- 80% ofexpenses

51000) 5, 0

Over

10,0000- 0- 100%

Total2,480 out-

37520of-pocket

f. Plan Administrator - The self - insured portion of the

City's medical insurance is administered by Flexible

Benefit Administrators, Inc. who reviews each claim and

makes the determination of how the self- insured

coverage applies.

g. Continuation of Coverage - Employees who were

covered under the City's medical insurance policy

during their employment may continue that insurancecoverage at their own expense upon retirement or

termination. If dependents were covered while the

employee was working, they may also be covered

during retirement or upon termination at their own

expense. Employees, who terminate their service with

the City for reasons other than retirement or disability, either voluntarily or involuntarily, may continue their

coverage for a period of up to 18 months under theFederal COBRA law, unless the termination is for gross

misconduct. Such continuation is only at the

employee' s request and at the employee' s expense.

SECTION 9 — BENEFITS FOR REGULAR, PART -TIME EMPLOYEES

9. 1 Definition and Applicability

For purposes of this section, " regular, part-time employee" means an employee:

a. Who is employed in a job which is not " temporary" or " temporaryseasonal," as those terms are defined in this manual, page vii;

b. Who is normally scheduled to work fewer than 40 hours per calendarweek; and

C. Who is a public employee pursuant to Minnesota Statutes, section

179A.03, subd. 14, including amendments thereto.

9. 2 Personal Leave

A regular, part-time employee will be eligible for personal leave as provided inthis manual, Section 6. 3. Personal leave shall be available to regular, part-time

employees only, and shall be in lieu of the sick pay, vacation pay and floatingholidays available to full -time employees.

9. 3 Eligibility for Other Benefits

A regular, part-time employee who works an average of 20 to 29.99 er —rAere

hours per week will be eligible for holiday pay, gFOUP health insuFance and groupterm life insurance; a regular, part-time employee who works an average of 30 or

more hours per week will be eligible for holiday pay, group health insurance andgroup term life insurance, as set forth below, upon completion of six ( 6) monthsof continuous employment or 1, 040 hours worked ( excluding overtime) during aperiod of continuous employment, whichever is later.

When a regular, part-time employee meets the eligibility requirement in thepreceding paragraph, a determination shall be made of the average number ofhours per week that the employee has worked during the six (6) calendar monthspreceding the date of eligibility. Thereafter, the employee's average number ofhours per week shall be recalculated annually, based on the previous twelve ( 12) months. Hours paid as overtime will not be included in either the initial orsubsequent calculations. The results of this calculation will determine which of

the following categories the employee is in:

Category 1: less than 20 hours per week;

Category 2: 20 to 29. 99 hours per week; or

Category 3: 30 or more hours per week.

The category in which the employee fits shall determine the type and level ofholiday pay, group health insurance and group term life insurance benefits forwhich that employee is eligible for the following twelve ( 12) month period. If a

regular, part-time employee requests and is granted a reduction in regularlyscheduled hours which results in the employee regularly working the number ofhours for a lower category, the employer may, at its discretion and prior to thescheduled recalculation date, place the employee into the category reflecting theemployee' s regularly scheduled hours.

Regular, part-time employees who are in Category 1 will not be eligible forholiday pay, group health insurance and group term life insurance benefits.

9. 4 Holiday Pay

A regular, part-time employee who is in Category 2 will receive four ( 4) hoursholiday pay for each of the holidays named below. A regular, part-time employeewho is in Category 3 will receive six ( 6) hours holiday pay for each of theholidays named below. The applicable holidays are: New Year's Day; MartinLuther King, Jr. Day; Good Friday; Memorial Day; Independence Day; Labor

Day; Veterans Day; Thanksgiving Day; and Christmas Day. Part-time employeesin Category 2 will receive two ( 2) hours of holiday pay and part-time employeesin Category 3 will receive three ( 3) hours of holiday pay on December

24th

when

that day falls on a Monday, Tuesday, Wednesday or Thursday. The entitlementto holiday pay does not necessarily mean that the employee will not bescheduled to work on the holiday; if the employee works on the holiday, theholiday pay will be in addition to the pay for hours actually worked. No floatingholidays will be paid to part-time employees.

9. 5 Group Health Insurance

emn pie

ateneFy he entitled to one half 1/\ af Fii cn 8pc- F $ fl- accyvey- z2 lViii crrm cc

of the benefit available to a _Fegular Bull time employee fOF _ gFOUPhe nhr. nve; namely. theem le„ Will pay 50% of tiffemium on the sing4e

eeier. ne

neloGy offered to rani ler full time employees and the emnleyer Will nevvv r v uyv Nvn , ,

409% ef

amily GoveFage availableto regular full time ernpleyees-. A regular,

part-time employee who is in Category 3 will be entitled to three feuFths / 34\ ofththebe° fcaoailable -to- a- regular, full- time - employee eligible for group healthinsurance under the provisions set forth in Appendix K. namely: the eMpleyeF

i

pay 09 1

ernsum erg the single c;oyeraee nei y effeFe T laF fU' I- e-,- n cvvcrag p EY"vrr ega ,

t'employees, aneempley

Will pay 60% of the family covrage ayail.+hlqto

reg laF, full time employees. The ernpleyeF, heweveF, shall ehliginn

fGF the Fe in ine an iounts of the single and! family eeveFage nrervmiums. A

regular, part-time employee who declines group health insurance coverage shallnot be entitled to any other benefit or compensation in lieu thereof.

2

The fake effon+ nn noon after thehealth insaFance9rnUn

employee's

coYFage will Q1c G'ITGZ Gw- J TGTCG' tY1li

inns Ferin nolinien and nroned Oren

9.6 Group Term Life Insurance

For a regular, part-time employee who is in Category 2, the employer will pay theentire premium on a group term life insurance policy on the employee's life in theamount of $ 25,000, subject to the provisions of the policy's benefits reductionschedule. For a regular, part-time employee who is in Category 3, the employerwill pay the entire premium on a group term life insurance policy on theemployee's life in the amount of $35, 000, subject to the provisions of the policy'sbenefits reduction schedule.

The group term life insurance coverage will take effect as soon after theemployee's eligibility and election to receive such benefits as is permitted by theinsurer's policies and procedures.

9. 7 Other Provisions

Except as provided herein, regular, part-time employees shall not be entitled toemployment benefits.

4



Agenda Section: New Business Originating Department: Administration

Resolution: NO

Prepared By: City ManagerOrdinance: NO

Number of Attachments: One ( 1) Presented By: City Manager

Item: Consider motion authorizing an extension to the Comcast Cable Television franchiseagreement and authorize staff to begin negotiations for new, 15 year franchise agreements

with Comcast and NU- Telecom.

City Manager' s Proposed Action: Moved by Second by to authorize the City Manager to sign the Comcast franchise agreement extensionthrough December 31, 2014 and to initiate negotiations pertaining to cable television franchise agreements with Comcastand NU- Telecom for the next 15 years.


The Cable Communication Advisory Board supports the Comcast franchise extension and initiation of negotiations withComcast and NU- Telecom for new 15 year franchise extensions.

Overview:

The Comcast Cable TV Franchise agreement was for the time frame of 15 years, ending on February 2, 2014. As theCity /Comcast had amended the franchise in 2000, Comcast thought it was good for an additional year. That was not thecase. I contacted Comcast to request an extension of the existing franchise agreement until the granting of a newfranchise agreement or December 31, 2014, whichever comes first.

Comcast has submitted the attached extension agreement which has been modified by the City Attorney's office, andcovers the period desired by both parties. During this time frame, staff will be working with both Comcast and NU- Telecom to create the next 15 year franchise agreement. The new document should be shorter than current agreements,

and will address technology advances that have occurred since the signing of the last agreements.


Budgetary/Fiscal Issues: With the extension, there should be no lost franchise fee revenue.

Attachments:

Comcast Extension Agreement

FRANCHISE EXTENSION

THIS AGREEMENT, effective as of January 29, 2014, by and between the City of NewUlm, Minnesota ( the " City ") and Comcast of Minnesota, Inc., a Minnesota corporation

Comcast ").

RECITALS

WHEREAS, the City has granted Comcast a non - exclusive franchise to construct, operateand maintain a cable television system (the " Franchise "); and

WHEREAS, the Franchise is scheduled to expire on February 2, 2014; and

WHEREAS, Comcast has requested the City to activate the formal process forconsideration of renewing the Franchise pursuant to the provisions of the Cable CommunicationsPolicy Act of 1984 ( "Cable Act "); and

WHEREAS, the parties are in negotiations concerning a renewal of the Franchiseutilizing the informal procedures set forth in the Cable Act; and

WHEREAS, the parties desire to extend the current Franchise term from February 2, 2014 to December 31, 2014, in order to permit and accommodate such negotiations;

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants and agreements of the

parties hereto, the receipt and sufficiency of which is acknowledged by the parties, the partiesagree as follows:

Section 1. Part V, Subd. 31 of the Franchise is hereby amended by extending the term ofsuch Franchise through and including December 31, 2014.

Section 2. Except as specifically modified herein, the Franchise shall remain in full forceand effect.

Section 3. Neither party waives any rights that it enjoys under law as a result of agreeingto this Franchise extension.

CITY OF NEW ULM, MINNESOTA

By: Brian Gramentz

Its: City Manager

COMCAST OF TWIN CITIES INC.

By: Jeff Freyer

Its: Regional Vice President


Meeting Date: February 18, 2014 Agenda Item Number: 5 c

Agenda Section: New Business Originating Department: Park & Recreation

Resolution: Yes

Prepared By: Tom Schmitz

DirectorOrdinance: N/A

Number of Attachments: Zero ( 0) Presented By: Tom Schmitz

Director

resolution accepting donations offered to the City for the Park and RecreationItem: Department.

City Manager' s Proposed Action: Motion by Second by _ to offer the resolution and waive the reading to accept the following donations:

Dog Park development1. $ 155. 00 Pups Playland

2. $ 280.00 Key City Kennel Club

Paver -stone and improvements in German Park

3. $ 100.00 Leo & Patty Traurig in honor of Tom & Kitty Traurig and Family


The Park and Recreation Commission recommended the City Council accept these donations at their February 10, 2014regular meeting.

Overview:

N/A

Primary Issues /Alternatives to Consider: Thank you letters will be sent to donors.

Budgetary/Fiscal Issues: 535. 00 is the total value of cash donations.

Attachments:

None


Meeting Date: February 18, 2014 Agenda Item Number: 5 d

Agenda Section: New Business Originating Department: Finance

Resolution: Yes

Prepared By: Reg VorwerkOrdinance: N/A

Number of Attachments: 1 Presented By: Reg Vorwerk

Item: Consider resolution approving the recommended 2013 year end transfers and encumbrances.

City Manager' s Proposed Action: Moved by , second by , to approve a resolution and waive the reading approving the recommended2013 year end transfers and encumbrances.


n/a

Overview:

This is the annual request that departments make to carry forward budget that remains from their prior year budgets wheredepartments were either unable to start certain projects or had started projects but were unable to finish the projects. The

attached memos highlight the activity in the Capital Improvement Fund (Fund 290) that requires a 4/ 5 vote in items I, andII; and also the carry forward of budget to 2014 from 2013; and lastly the close out of funds that are no longer needed.

Primary Issues /Alternatives to Consider: See below.

Budgetary/Fiscal Issues:

Attachments:

Memo with the recommendations from staff.

t

A-- . a.

cOU

City ofNew UlmOffice ofthe Finance Director100 North BroadwayNew Ulm, Minnesota 56073

Email: [email protected] ulm.nin.us

TO: Honorable Mayor and City CouncilFROM: Reginald K. Vorwerk, Finance Director

DATE: February 13, 2014

SUBJECT: 2013 Year End Transfers and Encumbrances

Telephone: ( 507) 359 -8259

Fax: ( 507) 359 -8219

Web Site: www.ci.newulm.mn.us

In order to close the City' s accounts for the year ended December 31, 2013, City Council actionis required for the following:

I. 2013 Budgeted Appropriations in Sinking Funds

Below is a listing of appropriations totaling $741, 484.43 ( It includes 2 asterisked items as noted) which were included in the 2013 budget to increase specific sinking funds for future projects. Aresolution is required to transfer the funds to the sinking funds.

Account No. Description Amount

101015 City facility renovations $ 50,500.00

101017 Columbarium $ 4, 668.75*

101028 Fire truck/equip replacement $ 226,000.00

Total 2013 $ 741, 484.43

This amount is based on actual columbarium sales, not budget.

II. 2013 Payments from Sinking Funds

During 2013, the Council authorized expenditures on several projects that have associatedsinking funds. The Council did not, however, adopt all resolutions necessary to release fundsfrom the sinking funds for these projects. The following summary includes the amountsexpended during 2013 on the projects plus outstanding claims on the projects, plus additionalexpenditures not budgeted; authorization is needed to allow the use of the associated sinkingfunds for these costs:

A. Airport - $36,940.00 expended on a hangar roof retro fit that was needed ( account

290 - 51510- 500103). B. Fire Truck/equip replacement - $ 73,719.00 expended on bunker gear that was

needed (account 290 - 51510 - 500128).

C. Harman Park - $ 1, 298.00 expended on Harman Park projects ( account 290-

51510- 500134).

III. Unbudgeted Transfers from Other Funds

A. $ 1, 015.42 Park and Recreation Parks Department to the 2012 USA CapitalProject Fund — This transfer was done to pay for work that was done for the ParksDepartment as part of the 2012 USA projects. ( 215 - 55200- 772115 to 502- 41050-

39100).

B. $ 80,200.00 The Levee Project Fund is in a negative cash position and we have

received all of the state funding for this project. It was stated when we began thisproject that the General Fund would make up the difference. Recommend

transferring $ 80,200 from General Fund to the Levee Project Fund ( 101- 51000-

772115 to 530- 41050- 39100).

IV. Year -End Encumbrances/Balances to be Re- appropriated in 2014

Several Departments did not complete projects or incur expenditures for items anticipated in the2013 Budget, and, several items were not included in the 2014 Budget. Therefore, various

departments have requested that the following item/expenditures be encumbered and re- appropriated for 2014:

A. Administration Department:

1. $ 950.00 Computer supplies & equipment has an unexpended

balance of $956. 89. Funds will be used for a replacement computer that

was delayed due to some possible staffing changes ( 101 - 51000- 224100). 2. $ 13, 700.00 Consultant services has an unexpended balance of

13, 720. 70. Funds will be used to pay for continuing the rewriting of thezoning ordinance ( account 101- 51000- 330010).

3. $ 2,000.00 Heritage preservation has an unexpended balance of

3, 302. 54. Funds will be used to pay for further grant work with KieslingHouse Project. (account 101 - 51000- 355110).

4. $ 7,150.00 Tree Commission has an unexpended balance of $7, 181. 30.

Funds will be used for the boulevard and diseased tree projects ( EmeraldAsh Borer) and education. (account 101 - 51000- 355203).

B. Police Department:

1. $ 3,860.00 The Ammunition account has an unexpended balance of

3, 860.73. Ammunition continues to be available in limited supply andprice increases are unpredictable. Order fulfillment can be 4 -5 months and

is less than timely. (account 101 - 52100- 221710). 2. $ 10,000.00 The Computer supplies and office equipment account has

an unexpended balance of $19,980.47. The funds will be used to replace

specialized computer equipment in squad cars that was not completed in

2013. ( account 101- 52100- 224100).

3. $ 8,200.00 The Miscellaneous and Firearms accounts have unspent

funds of $11, 460. The requested amount would be used for replacement of

weapons system that has not proven to be failsafe in trainings and is used

in the multi - county emergency response unit. (101- 52100- 224710)

4. $ 15,200.00 The Other contractual services account has an unexpended

balance of $26,826. 16. The requested carryover will be utilized for two

squad conversions and an ARMER maintenance agreement that were all

started in 2013 but will not be completed until 2014. ( account is 101-

52100- 331100).

5. $ 5,850.00 The Other contractual services as shown in item above has

unspent balance. This requested carryover will be utilized for specialtycargo boxes in the newer squads to facilitating the mounting of collapsibleladders, fire extinguishers, first aid equipment and to securely storeevidence in the squad. ( account is 101 - 52100- 331100)

6. $ 1, 120.00 The Travel conferences & schools account has an

unexpended balance of $1, 123. 69. The funds would be used to augment

continued education dollars for officers. (account 101 - 52100- 333050).

C. Engineering Department:

1. $ 10,000.00 Travel, Conferences and Schools has an unexpended

balance of $32, 642.98. The requested carryover will be used to train staff

on the new GPS and design computer software that was expected to be

done in 2013. ( account 101 - 53400- 333050).

D. Airport Department:

1. 167,090.00 Consultant Services has an unexpended balance of

167, 090. 16. The requested carryover will be coupled with the 2014

appropriation to fund the engineering costs associated with the design andconstruction of the primary taxiway and to complete other work alreadyunderway. The 2014 budget appropriation assumed that all of the unused2013 account balance would be carried over to 2014 ( account 101- 53600-

330010).

2. $ 150,380.00 The MNDOT airport reimbursement federal account has a

revenue budget of $210,544.00 remaining. This amount is being re- budgeted to correspond with the re- budget of the consultant servicesabove. ( account 101 - 43600 - 33124)

F. Park and Recreation:

The following line items are carrying over amounts for items ordered or projectsstarted in 2013 ( or before) but not received or completed until 2014. The

individual line items may not have remaining budget; however, the Parks andRecreation Fund had what appears to be a good year and are requesting to usefund balance:

215 - 55200- 221005

215 - 55200- 331100

215 - 55200- 340050

215 - 55200- 340075215 - 55200 - 500134

215- 55400- 221601

215 - 55400- 340050

Parks- General Supplies

Parks -Other Contractual Services

Parks- Contractual Maintenance buildingParks- Contractual Maintenance ground

Parks -Harman Park Improvements

Rec Center -Pool /fountain supplies

Rec Center - Contractual Main Building

V. Close Out of Selected Funds

A. None this year.

14, 866

2, 165

5, 590

1, 700

14, 587

5, 369

12, 504


Meeting Date: February 18, 2014 Agenda Item Number: 5 e

Agenda Section: New Business Originating Department: Engineering

Resolution: N/A

Prepared By: City EngineerOrdinance: N/A

Number of Attachments: None Presented By: City Engineer

Item: motion to set the date of the Public Hearing on the 2014 Utility, Street and AlleyImprovements — Group I Project for Tuesday, March 18, 2014 at 5: 00 P.M.

City Manager' s Proposed Action: Motion by second by to set the date of the Public Hearing on the 2014 Utility, Street and AlleyImprovements — Group I Project for Tuesday, March 18, 2014 at 5: 00 P.M. on the following, except Item 6 which haspreviously been approved. 1. Franklin Street from 6th South Street to 10th South Street — Reconstruction of the existing water main, sanitary sewer

main, sewer and water end services, and reconstruction of the existing roadway section including excavation andreplacement of subgrade, storm sewer extension, aggregate base, bituminous paving, concrete curb and gutter, concrete driveway pavement, pedestrian sidewalk ramps, street lighting and selective replacement of concretesidewalk.

2 tad North Street ( Garden to Linden Street), Linden Street ( 2nd to 3rd North Street) and 3rd North Street (Linden to WestStreet — Reconstruction of the existing water main, sanitary sewer main, sewer and water end services, storm sewerextension and reconstruction of the existing roadway section including excavation and replacement of subgrade, aggregate base, bituminous paving, pavement subdrains, pedestrian sidewalk ramps, street lighting and selectivereplacement of concrete curb and gutter, concrete driveway pavement and sidewalk.

3. 12th North Street from Broadway to State Street — Reconstruction of the existing sanitary sewer main, sewer and waterend services and reconstruction of the existing roadway section including excavation and replacement of subgrade, aggregate base, bituminous paving, and selective replacement of concrete curb and gutter, concrete drivewaypavement and sidewalk.

4. Garden Street from Center Street to 8th South Street — Reconstruction of the existing roadway surface includingremoval of the existing bituminous pavement, reshape the existing gravel base, repave with four and one -half inches4.5 ") of bituminous surfacing and selective replacement of concrete curb and gutter.

5. 8th South Street from Garden Street to Payne Street — Reconstruction of the existing roadway surface includingremoval of the existing bituminous pavement, reshape the existing gravel base, repave with four and one -half inches4.5 ") of bituminous surfacing and selective replacement of concrete curb and gutter.

6. Alley Block 116 North of Center Street — Grading, aggregate base, storm sewer, bituminous surfacing, seven inch ( 7 ") concrete alley approach pavement, miscellaneous removals and restoration necessary to construct a residential alleypavement section ( improvement petitioned).

7. Alley Block 66 South of Center Street — Reconstruction of the existing commercial tee alley pavement sectionincluding grading, aggregate base, bituminous surfacing, seven inch ( 7 ") concrete alley approach pavement, miscellaneous removals and restoration.

8. Alley Block 104 South of Center Street — Reconstruction of the existing residential alley pavement section includinggrading, aggregate base, bituminous surfacing, seven inch ( 7 ") concrete alley approach pavement, miscellaneousremovals and restoration.

9. Alley Block 116 South of Center Street — Reconstruction of the existing residential alley pavement section includinggrading, aggregate base, bituminous surfacing, seven inch ( 7 ") concrete alley approach pavement, miscellaneousremovals and restoration.

10. Sarah Hills Third Addition — Sanitary sewer main, water main, site grading, sewer and water end services, stormsewer, grading and aggregate base on Alison Avenue and Ryan Road within the subdivision; sanitary sewer main, water main, and sewer and water end services on the Gravel Pit Access Road from the western edge of the subdivision

to Ryan Road; and water main, grading and aggregate base on Maplewood Drive from Henle Drive to Ryan Road. This subdivision will create ten residential building lots.

11. Highway 14 Storm Water Pond Landscape Maintenance — Replacement of materials that have failed to survive in

Mn/DOT constructed Storm Water Ponds 1, 2, 3, 4, 5, 6 and 7 from the 2006 T.H. #14 Landscape Project.


N/A

Overview:

The 2014 Utility, Street and Alley — Group I Improvement Project was included in the Preliminary 2014 CapitalImprovement Program Engineering Report which was reviewed and adopted at the January 7th City Council meeting. Setting the date for the Public Hearing is the next step in the improvement process.

Primary Issues /Alternatives to Consider:

Budgetary/Fiscal Issues: The preliminary cost estimate for this project is $ 3, 051, 609. 00 with a projected bonding need of approximately $ 2. 2million.

Attachments:

None

2


Meeting Date: February 18, 2014 Agenda Item Number: 5 f

Agenda Section: New Business Originating Department: Finance

Resolution: Yes

Prepared By: Reg VorwerkOrdinance: N/A

Number of Attachments: None Presented By: Reg Vorwerk

Item: Consider resolution declaring official intent of City ofNew Ulm to reimburse expenditureswith proceeds of Tax Exempt General Obligation Permanent Improvement Revolving FundBonds, Series 2014.

City Manager' s Proposed Action: Motion by Second by offering a resolution and waive the reading to declare officialintent of the City of New Ulm to reimburse utility, street, alley and other capital expenditures with proceeds of TaxExempt General Obligation Permanent Improvement Revolving Fund Bonds, Series 2014.

Board /Commission Recommendation: N/A

Overview:

This allows us to reimburse ourselves for expenditures occurring before the sale of the bonds with proceeds from the sale.

Primary Issues /Alternatives to Consider: None

Budgetary/Fiscal Issues: Would need to pay from other funding if not approved.

Attachments:

None


Meeting Date: February 18, 2014 Agenda Item Number: 5 g

Agenda Section: New Business Originating Department: City Attorney

Resolution: Yes

Prepared By: Community DevelopmentDirector

Ordinance: N/A

Number of Attachments: One Presented By: City Attorney

Consider resolution approving a Development Agreement with Prairie Land Development, Item: LLP for the property to be platted as Fairhills Fifth Addition located at 1306 -1320

Birchwood Drive and 1720 -1911 Turner Road.

City Manager' s Proposed Action: Motion by , seconded by offering the resolution and waiving the reading, approving theDevelopment Agreement.


N/A

Overview:

The Development Agreement covers issues associated with the platting and development of a 22 lot residentialsubdivision.

Tim Rahe and Glen Mathiowetz are partners in Prairie Land Development, LLP.

The property is generally located west of Ashland Road, north of Maplewood Drive and south ofU.S. Highway 14. The current legal description of the property is Part of Outlots 126, 127, 131 and 132. The property is undeveloped, formerly was a gravel pit and totals 7. 2 acres. The City Council approved the final plat with conditions at its November 5, 2013 meeting.

Primary Issues /Alternatives to Consider: Entry into this Development Agreement will allow the subject property to be developed for appropriately zonedresidential land uses in an orderly manner. The Agreement allows Prairie Land Development, LLP to construct and install public improvements necessary toserve the property subject to City review and approval. It is their intention to install utilities in 2014.


Attachments:

Development Agreement

RESERVED FOR RECORDING INFORMATION

DEVELOPMENT AGREEMENT

THIS AGREEMENT, made this day of , 2014, by and between thePrairie Land Development, LLP, a Minnesota limited liability partnership (hereinafter referred toas " Developer "), and the City of New Ulm, Minnesota, a Minnesota municipal corporation, hereinafter referred to as " City "):

RECITALS:

A. Developer is the owner of the following described real estate ( the " Property):

That part of Outlots 126, 127, 131 and 132, in the City of New Ulm, Brown County, Minnesota, described as follows:

Beginning at the most southerly corner of Lot 1 of Block Two, FAIRHILLS SECONDADDITION, according to the recorded plat thereof, also being the most northerly cornerof Maplewood Drive, as dedicated per the plat of MAPLEWOOD DRIVE FIRST

ADDITION; thence South 55 degrees 31 minutes 11 seconds West bearings based on the

Brown County Coordinates NAD83(07) on the northwesterly line of Maplewood Drive, adistance of 320.00 feet; thence North 34 degrees 28 minutes 49 seconds West, a distanceof 829.42 feet; thence North 54 degrees 37 minutes 39 seconds East, a distance of 73. 98

feet; thence North 34 degrees 28 minutes 49 seconds West, a distance of 128. 83 feet to

the southeasterly right -of -way line of United States Trunk Highway 14, as per MN/DOTR/W PLAT 08 -13; thence North 55 degrees 31 minutes 11 seconds East on said right -of-

way line, a distance of 19. 51 feet; thence North 34 degrees 28 minutes 49 seconds Weston said right -of -way line, a distance of 25. 00 feet; thence North 55 degrees 31 minutes 11seconds East on said right -of -way line, a distance of 296.50 feet to the most westerlycorner of Lot 1, Block 1, FAIRHILLS FOURTH ADDITION; thence South 34 degrees

28 minutes 49 seconds East on the southwesterly line of Lot 1, a distance of 150.00 feet

Prairie Land Dev.Agmt.- 2/ 7/ 14 hh

to the most southerly corner of Lot 1; thence South 55 degrees 31 minutes 11 secondsWest on the northwesterly line of Birchwood Avenue, as dedicated per FAIRHILLSSECOND ADDITION, a distance of 69.97 feet to the most westerly corner ofFAIRHILLS SECOND ADDITION; thence South 34 degrees 28 minutes 49 seconds

East on the southwesterly line of FAIRHILLS SECOND ADDITION, a distance of834.40 feet to the point of beginning.

Parcel contains 7.20 acres of land.

B. The Developer has petitioned the City to approve a plat of the Property to be plattedas " Fairhills Fifth Addition," ( the " Subdivision ");

C. The City has approved the rezoning of the Subdivision to R -1 ( Single FamilyResidence District) and R -2 ( Single and Two Family Residence District);

D. The parties hereto wish to provide for the orderly use and development of theSubdivision including the installation of public infrastructure to serve the Subdivision;

E. The City has approved the Plat of the Subdivision subject to additional conditions asset forth by the City Council.

AGREEMENT

NOW, THEREFORE, it is hereby agreed by and between the undersigned as follows:

1. Definitions. In this Agreement, unless a different meaning clearly appears from thecontext, the following terms, when capitalized, shall have the meaning set forth in thisSECTION:

Agreement" means this Agreement, as the same may be from time to time modified, amended, or supplemented.

City" means the City of New Ulm, Minnesota.

Developer" means Prairie Land Development, LLP.

Development" means the Subdivision, City of New Ulm, Brown County, Minnesota.

Subdivision" means the following described real property located in the City of NewUlm, County of Brown, State of Minnesota:

Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 1; Lots 1, 2, 3, 4, 5, 6, 7 and 8, Block 2; Lots

1, 2, 3, 4, 5 and 6, Block 3; Fairhills Fifth Addition, City of New Ulm, BrownCounty, Minnesota.

2Prairie Land Dev.Agmt.- 2/ 7/ 14 hh

Public Improvements" means aggregate base, grading, concrete curb and gutter,

concrete sidewalks, concrete driveway pavement, bituminous surfacing, street lighting, boulevard trees, surface and subsurface storm water collection, detention, storage and drainage

systems designed and constructed in accordance with local, state and NPDES regulations to

collect, detain, store and dispose of storm water from the Development, adjacent rights -of -way, and similarly situated properties, sanitary sewer and water mains, and water and sanitary sewerend services.

State" means the State of Minnesota.

2. Easements.

a) City shall, by reason of this Agreement, have a temporary easement over, uponand under the Subdivision to enter into and upon the same for the construction

and installation of Public Improvements to serve the Subdivision as well as

adjacent properties. Such easement shall cease upon the completion of

construction of all Public Improvements necessary to serve the Subdivision.

b) No structures shall be placed within or upon any easement area designated uponthe plat of the Subdivision.

c) The City shall be entitled to enter into and upon each easement area designatedupon the plat of the Subdivision at such times and for such purposes as the Citydeems necessary and appropriate. The City shall also be entitled to make suchimprovements, modifications and alterations within the easement areas as are

deemed by the City to be necessary and appropriate and shall not be responsibleto the owner of such lots for any damages resulting from the same.

3. Development of the Subdivision.

a) Developer agrees that all instruments of sale or conveyance of lots within the

Subdivision shall contain a statement that the grantee agrees to all previouslypetitioned Public Improvements, and the assessment of the costs of such

improvements against such lot in accordance with the terms of this Agreement.

All such instruments shall also bear a memorial indicating that any interest soacquired shall be subject to the terms of this Agreement.

b) Developer agrees that the building lots established by the plat of the Subdivisionshall be subject to all subdivision, zoning and building regulations establishedby the City' s City Code, except insofar as variances or conditional use permitsmay be properly applied for and received.


c) The City will not issue a certificate of occupancy, and no structure built withinthe Subdivision may be occupied, until all necessary public improvements asrequired by the current International Residential Code with MinnesotaAmendments have been installed and accepted by the City.

d) All driveways within the rights -of -way of any street within the Subdivisionshall be of such dimensions, number and location as are approved by the CityEngineer pursuant to the City' s design standards for the same, and any drivewaywhich does not so conform shall be removed at the sole expense of the affected

property owner.

e) Lots 1, 2, 3, 4, 5 and 6, Block 3, can accommodate three twin home structures,

but no more than one dwelling unit per lot.

f) By reason of this Agreement, Developer shall be deemed to have petitioned forthe establishment of a storm water improvement district pursuant to Minn. Stat.

444. 17, or other applicable authorization, to serve the Development and other

properties in the vicinity. Developer acknowledges that the lots within the

Development will be assessed or otherwise charged for a portion of the cost of

constructing, maintaining, repairing and replacing storm water systems to serve

the property. The City may levy a tax on all taxable property within the districtin an amount necessary to finance the cost of the improvement, includingmaintenance and to pay the principal and interest on obligations issued pursuantto section Minn. Stat. §444. 19.

4. Site, Grading, Utility Plan and Implementation.

a) Prior to the development of the Subdivision with building improvements, Developer shall prepare and submit to the City for its review and approval asite, grading, and utility plan ( the " Development Plan ") for the Development.

Such Development Plan shall, at a minimum, include ( a) existing and proposedelevations and contours, ( b) proposed drainage patterns for the Development,

c) vegetation removal and replacement plans, ( d) temporary and permanenterosion control methods and systems, ( e) a Storm Water Pollution Prevention

Plan ( SWPPP), ( f) the size, type and location of all utility mains and servicelines. No building permit for any lot within the Subdivision will be issued untilall elements of such Development Plan necessary to accommodate or permit theimprovement of such lot have been performed in the Development and

completed to the City' s satisfaction. The Developer shall be responsible for allcosts associated with preparing and implementing the Development Plan.

i. The Developer shall secure or accept transfer of the NPDES construction

storm water permit which includes developing a storm water erosioncontrol plan and Storm Water Pollution Prevention Plan for the


Subdivision and remain in compliance with the same during the entirebuild -out of the Subdivision.

ii. The Developer shall secure all rights and easements necessary orappropriate for the drainage of storm water from the Development to

public waterways.

b) Developer will include within the Agreements, Covenants, and Restrictions for

the Subdivision notice to each buyer of a lot within the Subdivision that the Cityrequires that the finished grading of each lot will conform to the grades alongeach lot line and match grades at the street right -of -way both to within 0. 1 feetas established by the City and that the finished grading of the lot will not blockthe planned drainage from adjoining lots. The City will require certificationfrom a licensed civil engineer that grades match the grades established by theCity before a certificate of occupancy is issued. The City may modify thegrading plan to accommodate unknown or unanticipated field conditions.

Prior to the issuance of a building permit as to any lot or twin homedevelopment within the Subdivision, applicant shall deposit with the Citythe sum of $ 1, 000.00. Such sum shall be held by the City to ensurecompliance with this subsection by the applicant. Upon the timely filingof the required engineer' s certification as to a lot within the Subdivision,

the City shall release to the applicant the sum of $ 1, 000.00 without

interest. Should such certification not be filed as and when required

hereby, the applicant shall forfeit to the City $ 1, 000.00 for each lot for

which such certification is not made. The City will not issue a finalcertificate of occupancy for any lot prior to the filing of such certification.

5. Public Improvements and Special Assessments.

a) By reason of this Agreement, Developer shall be deemed to have petitioned theCity for the installation of all Public Improvements necessary to serve theSubdivision, including: ( i) grading, aggregate base, concrete curb and gutter, concrete driveways, concrete sidewalks, boulevard trees, bituminous surfacing, and street lighting, ( ii) sanitary sewer, storm sewer piping, ponds and systems, water mains, and ( iii) water and sanitary sewer end services. City will consultwith Developer as to the cost and nature of Public Improvements before the

same are made, but such consultation shall not include a right of approval byDeveloper.

i. Developer, as owner of the Property shall, by reason of this Agreement, bedeemed to have forever waived for itself, its successors and assigns, anyand all present and future rights to appeal from any determination of theCity which conforms to this Agreement as to the necessity of, or the

5Prairie Land Dev.Agrat.- 2/7/ 14 hh

amount to be specially assessed against the lots within the Subdivision forthe Public Improvements. However, nothing herein shall be interpreted toprohibit the City from requiring such additional waivers or agreementsfrom Developer as the City deems appropriate as a precondition to theconstruction of any future Public Improvements.

b) At such time as fifty percent or more of the lots within the Subdivision frontingupon either Turner Road or Birchwood Drive are either sold by Developer tothird parties or developed for Developer' s own purposes, the City may chooseto construct and install any remaining elements of the Public Improvements. Tothe extent that any portion of the Public Improvements are constructed andinstalled by the City, each lot within the Subdivision shall be specially assessedfor the actual cost of construction of Public Improvements serving andbenefiting the Subdivision including the City' s normal and customary chargesfor engineering services, with the exception of Lot 1, Block 3. The City willcompute the total amount of the cost of Public Improvements ( the " Assessment

Amount ") based upon contracts awarded by the City for the construction of anyelement of the Public Improvements plus the usual and customary chargesimposed by the City for its engineering overhead. To the extent that the PublicImprovements are oversized to accommodate areas other than the Subdivision,

the cost of such oversizing will not be included in the Assessment Amount.

c) By executing this Agreement, the City is not bound to undertake theconstruction of street or utility improvements at any specific time, but shall doso according to the City' s usual scheme and schedule.

d) Any private improvements constructed or placed within City rights -of -way bythe owner of any lot within the Subdivision shall be removed from such rights - of -way at the owner' s effort and expense before the commencement ofconstruction of the Public Improvements, and the City shall not be responsiblefor the cost of such removal or subsequent replacement.

e) Except as otherwise set forth herein, all assessments for Public Improvements to

serve property within the Subdivision including improvements made in and toTurner Road, Birchwood Drive and Maplewood Drive shall be calculated and

imposed on a unit basis of proration based upon a single unit value for twenty - one lots in the Subdivision. Lot 1, Block 3 is excluded from this calculation.

i. Each of the twenty -one lots within the Subdivision shall be assessed forthe actual cost of construction of concrete driveway improvements toserve such lot.

ii. Lot 1, Block 3 will be separately assessed for driveway, sidewalk

improvements and street lighting.

6Prairie Land Dev.Agmt.- 2/7/ 14 hh

f) Upon completion of the installation of the utility improvements portion of thePublic Improvements to serve the Subdivision, and commencing upon theexpiration of any warranty received by the City from the installing contractor, all sewer and water end services shall become the property and soleresponsibility of the owners of lots served by such services.

g) Developer may, at its sole effort and expense, and upon prior notice to andapproval by the City, choose to construct and install Public Improvementsnecessary to serve the Subdivision. If Developer chooses to do so, prior to thecommencement of construction of the Public Improvements, Developer shall

submit to the City final plans and specifications for any element of the PublicImprovements proposed to be constructed by Developer for review, comment, correction and approval by the City' s City Engineer. The City shall have notless than thirty days to review such plans and provide written comments, corrections or approvals to Developer.

i. To the extent that Developer proposes to construct less than all of the

Public Improvements, the City may require that the plans and

specifications include all of the Public Improvements and specificallyidentify which portions of the Public Improvements are to be installed andwhich are to be deferred for later installation.

ii. As a precondition to Developer installing any portion of the PublicImprovements, the City may require that Developer supply to the Cityadequate proof and guarantees that Developer has adequate financial

resources to complete the proposed portion of the Public Improvements to

be installed by Developer. The City may also require that the Developerprovide the City with security deemed adequate by the City to completethe Public Improvements in the event that Developer fails to do so as and

when proposed by the Developer.

iii. During the installation of any Public Improvements by Developer, Developer shall employ the services of a licensed professional engineer tooversee and supervise the inspection of the installation of the

improvements to ensure that the same are installed in accordance with

industry standards and the plans approved by the City. Such engineer shallreport weekly to the City Engineer on the progress and performance ofsuch improvements and shall, upon completion of the installation of such

improvements, certify to the City in such form as the City deemsappropriate, that such improvements have been fully and completelyinstalled in accordance with the City approved plans and are fullyfunctional for their intended use.


iv. During installation of, and upon completion of Developer' s installation ofany Public Improvements:

a. The City shall be entitled to inspect the same to ensure that suchPublic Improvements are made in accordance with the plans and

specifications approved by the City. To the extent that such

improvements are deemed by the City to be deficient in any manner, Developer shall promptly and completely rectify all such

deficiencies to the satisfaction of the City.

b. Upon final approval by the City of the installation of the PublicImprovements installed by Developer and, except as otherwise notedherein, all such Public Improvements shall become the property ofthe City.

6. Additional Development Charges.

a) Developer shall pay to the City prior to the installation of the electrical systemto serve the Subdivision the City' s then current charges for such installation.

b) The City may impose additional fees or charges for development of individuallots within the Subdivision in accordance with the policies of the Cityapplicable at the time of such development.

c) The owner of any Lot within the Subdivision shall be responsible for all costsassociated with the repair or replacement of any of the Public Improvementsdamaged during the development of such lot. Upon notice of such damage,

based upon the City' s determination of damage to such Public Improvements, the owner shall cause such repairs to be made within six months of such notice.

To the extent that such repairs are not made as and when required hereby, theCity may cause the same to be repaired or replaced and the entire cost thereofwill be assessed against such lot.

7. Miscellaneous.

a) This Agreement shall be permanent and run with the real estate described

above, and the rights granted and responsibilities assumed thereby shall inureto, and be binding upon, the parties' heirs, successors and assigns.

b) No Impairment of City Rights to Construct Additional Improvements. Nothingin this Agreement shall preclude the City from (a) constructing or causing to beconstructed additional public improvements adjacent to or in the vicinity of theSubdivision, or ( b) specially assessing or taxing all or a portion of the cost ofsuch improvements against the Subdivision, as may be allowed by law.


c) Developer agrees that all instruments of sale or conveyance of lots within the

Subdivision shall contain a statement that the grantee agrees to all previouslypetitioned Public Improvements and Storm Water Improvements, and the

assessment of their costs against such lot. All such instruments shall also bear a

memorial indicating that any interest so acquired shall be subject to the terms ofthis Agreement.

d) Developer acknowledges that the construction and installation of the Public

Improvements will include the placement or removal of fill materials in areas of

the Subdivision adjacent to rights -of -way and easement areas. The City shallnot be responsible for damages of any sort to structures or improvements placedwithin such fill areas resulting from soil conditions, including settlement.

e) Maplewood Drive between Ryan Road and Turner Road will not be opened for

public use and passage until such time as the City, in its sole discretion, determines it is reasonable and appropriate.

f) This Agreement shall be permanent and run with the Subdivision, and the rights

granted and responsibilities assumed thereby shall inure to, and be bindingupon, the parties' heirs, successors, assigns and mortgagees.

g) Upon the final approval of the plat of the Subdivision, this Agreement shall be

filed with the Brown County Recorder at Developer' s expense and the sameshall be a covenant of the Subdivision superior in interest to any other covenant, easement or encumbrance affecting the Subdivision.

h) City Status. Nothing herein shall be deemed to create or establish the City as aco- partner or joint venturer with Developer in the design, construction or

operation of the Public Improvements or Storm Water Improvements; nor shall

the City be entitled to control the development or sale of the Subdivision orreceive any proceeds or revenues from the operation or sale of the Subdivision.

i) Titles of Articles and Sections. Any titles of the several parts, Articles andSections of the Agreement are inserted for convenience of reference only andshall be disregarded in construing or interpreting any of its provisions.

j) Severability. If any provision of this Agreement is held invalid by a court of acompetent jurisdiction or in the event such a court shall determine that a partydoes not have the power to perform any such provision, such provision shall bedeemed to be deleted herefrom and the invalidity thereof shall not affect any ofthe other provisions contained herein, and such judgment or decree shall relieve

such party from performance under such invalid provision of this Agreement.

9Prairie Land Dev.Agrat.- 2/7/ 14 hh

IN WITNESS WHEREOF, the parties have hereunto set their hands the day and date firstwritten above.

PRAIRIE LAND DEVELOPMENT, LLP

By. Its:

By. Its:

CITY OF NEW ULM

Brian D. Gramentz

Its: City Manager

ByReginald K. Vorwerk

Its: Finance Director

STATE OF MINNESOTA)

ss.

COUNTY OF BROWN )

On this day of , 2014, before me, a notary public within and forsaid County, personally appeared and , to me personally

known, who, being by me duly sworn did say that they are the and

of the Prairie Land Development, LLP named in the foregoing instrument, andthat said instrument was signed in behalf of said Prairie Land Development, LLP authority of itspartners and said and acknowledged said instrument to

be the free act and deed of said partnership.


STATE OF MINNESOTA)

ss.

COUNTY OF BROWN )

On this day of , 2014, before me, a notary public within and forsaid County, personally appeared Brian D. Gramentz and Reginald K. Vorwerk, to me personallyknown, who, being by me duly sworn did say that they are respectively the City Manager and theFinance Director of the City of New Ulm named in the foregoing instrument, and that saidinstrument was signed in behalf of said City of New Ulm by authority of the City Council andsaid Brian D. Gramentz and Reginald K. Vorwerk acknowledged said instrument to be the free

act and deed of said corporation.

This Instrument was Drafted By:

Hugh T. Nierengarten

NIERENGARTEN & HIPPERT, LTD.

Attorneys at Law

11 North Minnesota Street

New Ulm, Minnesota 56073

Telephone: 507- 359- 2991

11Prairie Land Dev.Agmt.- 217114 hh