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HomeMy WebLinkAbout06/20/2002 - Waste Reduction and Recycling Advisory Commission Page 1 of 9 • Joanna Foote From: Joanna Foote Sent: Tuesday, June 18, 2002 10:39 AM To: Nathan Krahn (nok @mccollumlaw.com); Linda Merkel (dakotamn @pro - ns.net) Subject: June 20 packet - -no attachments • Let me know if this works better. Thanks, Joanna AGENDA WASTE REDUCTION & RECYCLING ADVISORY COMMISSION EAGAN, MINNESOTA Eagan Municipal Center City Council Chambers Thursday, June 20, 2002 5:30 p.m. I. ROLL CALL AND ADOPTION OF AGENDA (5:30 -5:32) • IL APPROVE APRIL 18, 2002 MEETING MINUTES (5:32 -5:35) Review May 30 Meeting notes. III. VISITORS TO BE HEARD IV. OLD BUSINESS A. Review & Adopt proposed Ordinance 6.37 Revision (5:35 -6:45) V. NEW BUSINESS B. Recycling Coordinator Updates (6:45 -6:59) VII. ADJOURNMENT Next meeting- To be determined. (7:00) (, ."SC get/ 6/20/2002 Page 2 of 9 The mission The mission of the Waste Reduction and Recycling Advisory Commission is to proactively assist the Eagan City Council by educating, encouraging and assisting the community in reducing and managing waste in an environmentally sound manner. MEMO TO: MEMBERS OF THE EAGAN WASTE REDUCTION & RECYCLING ADVISORY COMMISSION FROM: COMMUNICATIONS COORDINATOR FOOTE DATE: June 10, 2002 SUBJECT: ADVISORY COMMISSION MEETING OF JUNE 20, 2002 A regular meeting of the Eagan Waste Reduction & Recycling Commission will be held on Thursday June 20, 2002 from 5:30 p.m. until 7:00 p.m., in the Council Chambers at City Hall. Please contact Joanna Foote at (651) 681 -4604 by Tuesday, June 18, to indicate if you cannot attend. I. ROLL CALL AND ADOPTION OF AGENDA 6/20/2002 Page 3 of 9 ACTION TO BE CONSIDERED ON THIS ITEM: approve, deny or modify agenda II. APPROVAL OF April 18, 2002 MEETING MINUTES A copy of the minutes of the Waste Reduction Commission meeting of April 18, 2002 is included as an attachment. ACTION TO BE CONSIDERED ON THIS ITEM: approve, deny or modify April 18, 2002 minutes. REVIEW MEETING NOTES OF MAY 30, 2002 III. VISITORS TO BE HEARD IV. OLD BUSINESS A. Discussion Regarding Ordinance Revision (5:55 -6:15) • FACTS: At its February, March, April and May* meetings the Commission discussed Ordinance Section 6.37 and suggested revisions and adopted suggested modifications for portions of the ordinance section. Staff has been working with the City Attorney to amend certain portions of the ordinance as and discussed by the Commission. A third draft containing the revisions discussed at the April meeting is attached and/or included. ACTION TO BE CONSIDERED ON THESE ITEMS: Discussion and Adoption of revisions to ordinance section 6.37. V. NEW BUSINESS B. Recycling Coordinator Updates. (6:55 -6:59) ACTION TO BE CONSIDERED ON THESE ITEMS: none VI. ADJOURNMENT Next Meeting: To be determined. MINUTES OF THE WASTE REDUCTION & RECYCLING ADVISORY COMMISSION Eagan, Minnesota April 18, 2002 A regular meeting of the Eagan Waste Reduction & Recycling Advisory Commission was held on Thursday, April 18, 2002 at 5:30 p.m. in the Council Chambers at the Eagan Municipal Center. Present were: Rick Patraw, John Tapper, Nathan Krahn, Linda Merkel, Kari Sammon, Ron Moening, Clint Hooppaw, Carla Heyl, Doug Link, and Gary Hansen. Also present were Recycling Coordinator Sue Bast, Communications Coordinator Joanna Foote, City Attorney Sharon Hills, and the new Environmental Technician Tara Roffler. APPROVAL OF AGENDA Foote distributed correspondence between Armor Waste Systems and City 6/20/2002 Page 4 of 9 staff related to the ordinance revision. Tapper moved to approve the April 18, 2002 agenda as amended. Hansen seconded the motion with all members voting in favor. APPROVAL OF MINUTES Krahn made a motion to approve the minutes of the March 21, 2002 WRAC meeting as presented. Hooppaw seconded the motion with all members voting in favor. VISITORS TO BE HEARD • Hjermstad of Armor Waste Systems presented remedies for ordinance 6.37 (Sections 1 & 2 only) as an alternative to what was presented at the last meeting. OLD BUSINESS A. Review Proposed Ordinance 6.37 Revision Foote outlined 5 areas (some of which have been addressed in the second draft) that the Commission may wish to consider for discussion: • The current cap on the number of residential haulers; • Any further changes the Commission may wish to consider to the licensing categories; • Any changes the Commission may wish to consider related to ownership /operational changes (i.e. what happens to a company's license if ownership changes or company ceases to exist, etc.); • Any changes the Commission may wish to consider related to loss of license due to non -use; • Provisions for ensuring and monitoring usage of license. Chair Patraw invited Harry Hjermstad of Armor Waste Systems to address the hauler's proposed changes to ordinance section 6.37, sections 1 and 2 only. Refer to handout for specifics. In addressing the ordinance revisions, Foote suggested starting at the top and moving through each section of the ordinance in order. Section 1. D. Targeted recyclables Foote said that there does not appear to be an issue with Targeted recyclables section. Section 1. F. Single family /multiple dwelling - individual household service hauling Foote referred to copies of the State statute, which was requested by the Commission at the last meeting. The City's solid waste categories were primarily derived from the State statue, defines "Commercial generator" and "Residential generator." Foote reminded the Commission that its previous revisions to the City's solid 6/20/2002 Page 5 of 9 waste ordinance attempted to emulate the State statute by defining a residential generator as a household that has individual service and is billed independently. Heyl stated that the City's ordinance in defining a townhome association is actually contrary to the State statute, which considers residents who are not billed separately, but also indicated that the City Ordinance made sense in its definition. Foote agreed that the City's ordinance is a hybrid of the State statute. Heyl stated that Section 1.F & G makes sense as they are stated and while Armor may feel excluded, the Commission should not change the ordinance. Hooppaw motioned to adopt Section 1;D, F, G, and J as written in the packet. Heyl seconded the motion with all members voting in favor. Heyl made a motion to adopt Section 2 as written in the handout. Hooppaw seconded the motion. Hansen questioned the date in Section 2.A.3. Hills said it was left as is because it was in the original ordinance. The necessity of the date in Section 2.A.5 was also questioned. The Commission unanimously voted for a friendly amendment to delete the date in both sections. The Commission then addressed Section 3.0 and Section 4.J, the "use or lose it clause ". Hills said that language was added at the end of Section 3.0 to make clear the difference between name change and change of ownership. All licenses in Eagan require termination if it is a change in ownership. If it is simply a name change, then termination is not required (i.e. a merger, an acquisition, or purchase of assets). Foote explained that the City does this because it needs to know who operates the business. However, a name change does not require termination. Hjermstad brought to the Commission's attention that when Allied purchased BFI and USA Waste purchased Waste Management, the license was not terminated. Foote said it is the hauler's responsibility to notify staff of any ownership changes. This was apparently not done. The point is now irrelevant, however, as both companies have since been re- licensed. Tapper left the meeting at 6:15 p.m. Heyl recommended that the cap be on a first come, first serve basis, and haulers should know that they need to reapply for a license when ownership changes. In addressing Section 4.J, Heyl said that the City would want neither a monopoly or just two haulers nor a flood of 20 haulers on Eagan streets. She suggests that the cap be kept to 7 actively licensed haulers and that the Commission should determine the percentage of residential household service needed for a hauler to obtain licensure with the City. Foote stated that no waiting list has been kept, but staff is working with the City attorney to • determine if there should be one. Chair Patraw stated that the initial reason for the cap was to address the issue of a high volume of truck traffic in Eagan. At that time, there were quite a few waste hauling companies but that is not the case right now. He also indicated that Section 4.J may be really difficult to manage. Hansen suggested that the Commission specify a certain minimum number of households rather than a percentage because it would be much simpler to administer. 6/20/2002 Page 6 of 9 In answer to a question regarding the ability of a hauler to secure the license of a company upon the purchase of that company, Foote said that there is no provision that would guarantee a new owner a license if it takes over a previously licensed company. Heyl made a motion that the City attorney draft language that the new owner is "preferred" in this type of transfer over those on a waiting list and that the percentage in Section 4.J be changed to a set number of households. The Commission discussed these changes. Hjermstad suggested that the ordinance also require haulers to provide service in all three hauling districts. Foote indicated that the requirement of all three districts might favor the large haulers because the smaller ones may not have enough staff or equipment to provide service in all three districts, but that two districts might be appropriate. Hooppaw seconded the motion as stated and agreed that the issue of requiring a specific number of hauling districts, be discussed further at the next meeting. The Commission unanimously approved motion. Foote said that a third draft of the ordinance will be prepared by the Attorney and will be provided to the Commission at the next meeting. NEW BUSINESS A. Adopt 2002 Commission Meeting Schedule and Work plan The group discussed the items and timeframes included with the proposed workplan. The date of the final ordinance adoption is not certain at this point, but hopefully can be concluded by the May or June meeting and therefore will be planned through the June meeting. The Commission generally takes the month of July off and would like to do so again this year. The Commission discussed the possibility of securing the recycling mobile for the Fourth of July Parade and Celebration. Bast informed the group that the Office of Environmental Assistance no longer has a budget to provide driving service, so someone will have to volunteer for that duty. Patraw agreed to look into the options as he works for the OEA. The Green Building discussion was moved to June and the Electronic Recycling discussion to August. Moening offered to provide the group with a tour of the Waste Management recycling facility in Minneapolis during the September meeting. The field trip could be the Commission's celebration of the ordinance adoption and its last meeting. Hooppaw moved to adopt the meeting schedule and goals. Heyl seconded the motion with all members voting in favor. B. Recycling Coordinator Updates Bast updated the group on the new recycling guides that were developed at the request the code enforcement staff. They have information about how to file a complaint if someone leaves an appliance or other items outside. She also mentioned the City tree sale Saturday, April 27 and Eagan "Healthy Community Initiative" resident open house on May 18 from 10a.m. to 2p.m. Bast will not be there, but she asked if someone would like to volunteer for the 6/20/2002 Page 7 of 9 event. There will be informational packets put together for it. ADJOURNMENT Moening made a motion to adjourn the meeting at 7:20 p.m. Heyl seconded with all members voting in favor. Date Secretary MEETING NOTES FOR THE WASTE REDUCTION & RECYCLING ADVISORY COMMISSION • Eagan, Minnesota May 30, 2002 The Eagan Waste Reduction & Recycling Advisory Commission did not have a quorum for the • meeting scheduled on Thursday, May 30, 2002. However, a discussion was held at 5:30 in the Council • Chambers at the Eagan Municipal Center. Present were: Gary Hansen, Clint Hooppaw, Ron Moening and John Tapper. Also present were Recycling Coordinator Sue Bast, Communications Coordinator Joanna Foote, and Environmental Technician Tara Roffler. RECYCLING COORDINATOR UPDATES Bast showed the group the new Cascade Bay sign for its chairs and tables made out of recycled plastic. The sign was made by Bedford Technologies (Worthington, Minnesota) from recycled plastic milk jugs. Bast said that the material is very durable and economical. Tapper mentioned that a sign like that would be great for the Dakota County Eco -Site. Bast is working on a tri-fold brochure on last year's residential paper recycling pilot project. It should be ready for distribution some time next month. DISCUSSION OF MINUTES Hansen and Hooppaw pointed out a few typos in the minutes of the April 18, 2002 WRAC meeting. Revisions will be made and a new draft will be presented to the Commission members for the June meeting. OLD BUSINESS A. Review Proposed Ordinance 6.37 Revision Acting Chair Hooppaw suggested that the Commission informally address sections 3 and 4, which were not approved during the previous meeting. He first invited Harry Hjermstad of Armor Waste Systems to voice his concerns. Hjermstad asked how the Sioux Falls residential hauling article (provided by Hansen and distributed to the group by Foote) related to the revision of Eagan's Ordinance 6.37. Foote said that it was provided to the group simply as an item of interest. Hjermstad again mentioned the fact that some haulers did not follow proper procedure when ownership changes occurres. He wanted to know if the Commission will 6/20/2002 Page 9 of 9 entirely. He mentioned that the City of Burnsville has not had a licensing cap in several years and it has not been an issue. Burnsville only has 5 licensed haulers. The group discussed Krahn's suggestions and determined that this idea had already been sufficiently considered and dismissed. Tapper proposed that Section J require haulers to service at least 250 residential households in the City, using their own equipment, and that the licensee provide the City a list of all Eagan service accounts on an annual basis, rather than quarterly. Moening proposed that this section just state that haulers must serve a minimum of 250 residential households in the City, which is subject to inspection by City staff. They could do spot checks on use of a hauler's license anytime during the year. The members present were in general agreement with Moening. They also felt that the ordinance should not address subcontracting. NEW BUSINESS The groups expects that the hauling ordinance will be adopted at the next meeting on June 20 Foote may not be present but Bast and Roffler will provide guidance. Tapper announced that the Dakota County Eco -Site intends to begin collection of all electronics on July 1 This is a much needed service for the community and expands the Eco -Site as a "one stop" drop -off. They will have to charge fees because the electronics collection will not be subsidized by Dakota County. Tapper expects the fee to be somewhere above 25 cents /lbs. ADJOURNMENT The discussion adjourned at 6:50 p.m. 6/20/2002 Sec. 6.37. Garbage, refuse and recycling haulers. Subd. 1. Definitions. The following terms, as used in this section, shall have the meanings stated: A. Garbage means all putrescible wastes, including animal offal and carcasses of dead animals but excluding human excreta, sewage and other water - carried wastes. B. Other refuse means ashes, nonrecyclable glass, crockery, cans, paper, boxes, rags and similar nonputrescible wastes (does not decay or have foul odor), and construction or demolition debris, excluding sand, earth, brick, stone and concrete, and trees, tree branches and wood except when stored as firewood. C. Recyclables means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil, and batteries. Refuse - derived fuel or other material that is destroyed by incineration is not a recyclable material. D. Targeted recyclables means metal food and beverage containers, glass food and beverage containers, newsprint, corrugated cardboard, plastics (as defined by the county), office type paper and mail, magazines,* catalogs* or other materials as defined by council resolution. *Note -- Effective January 1, 1992. *Note -- Effective January 1, 1992. E. Yard waste means leaves, lawn clippings, garden waste, weeds, Christmas trees and prunings up to six inches in diameter or other materials as may be defined by council resolution. F. Residential dwelling hauling means garbage, refuse and recycling hauling services in which the hauler specifically services an individual residential dwelling unit for the pickup of the garbage, refuse or recyclables of that individual residential dwelling unit at that specific unit, regardless of whether it is a single - family dwelling or a dwelling unit within a multiple dwelling unit structure. G. Commercial/multiple dwelling hauling means garbage, refuse or recycling hauling services provided to any commercial establishment or any multiple dwelling units of which all residents commingle their garbage and refuse in a dumpster or other similar container for shared pickup service by the hauler or commingle their recyclables in a dumpster or other similar container for shared pickup service by the hauler. A. Hauler licenses shall be granted only upon the condition that the licensee has watertight packer -type vehicles or, in the case of recycling and construction or demolition debris haulers, appropriate container vehicles in condition to prevent loss in transit of liquid or solid cargo; that the vehicle be kept clean and as free from offensive odors as possible; and the vehicle not be parked in any street longer than reasonably necessary to collect garbage, other refuse, yard waste or recyclables. All vehicles shall be in full compliance of the Minnesota Department of Transportation requirements. The Applicant shall make all vehicles available for inspection by the City. 1. There shall be four license categories defined by the type of account served: (1) commercial /multiple dwelling, (2) residential dwelling, (3) residential/multiple dwelling recycling. and ( ?) (I thought these had been redefined in about 1996) (4) construction and demolition debris. 2. Commercial/multiple dwelling and residential dwelling hauling licenses include residential recycling licenses. (a) Residential recycling licensees may only collect recyclables as defined herein. 3. Residential dwelling hauling licensees shall make curbside recycling collection available to all residential dwelling accounts. Commercial/multiple - dwelling hauling licensees shall make recycling collection available to all multiple residential dwelling accounts. At a minimum, such service shall include all targeted recyclables as defined herein. Commercial/multiple - dwelling hauling licensees shall make recycling collection available to all commercial establishment accounts no later than January 1, 1993. At a minimum, such service to commercial establishments shall include at least two targeted recyclables items as defined herein. 4. Residential dwelling hauling licensees shall make weekly collection of separated garbage and other refuse, yard waste and recyclables for all residential dwelling accounts within the daily hauling districts as defined by council action. (a) It is unlawful for refuse vehicles to operate on residential streets in such districts on any other day, except to collect a missed pickup, special pickup or when an observed holiday falls within that week. 5. At a minimum, commercial/multiple dwelling hauling licensees shall make weekly collections of separated garbage, other refuse and recyclables for all multiple residential dwelling accounts no later than October 1, 1990. 6. It shall be the responsibility of the licensee that the name and telephone number of the owner of any and all containers which are located on and hauled off a construction or demolition site by the licensee be permanently affixed to each such container. B. Before In order to receive or obtain or retain a garbage, other refuse or recycling hauline license shall be issued, the applicant shall be in compliance with all state, county and city regulations or ordinances, including any conditional use permits. tonnage, with the exception that yard waste may be reported in estimates of cubic yardage abated. Failure to certify accurate volumes in a timely manner may be cause for revocation of the hauling license. Subd. 5. Mixed municipal solid waste and recycling transfer station. It is unlawful for any person to operate or to permit another to operate a mixed municipal solid waste and recycling transfer station without a license or permit required therefor by Dakota County and the State of Minnesota -- Minnesota Pollution Control Agency. It is unlawful for any person to operate or to permit another to operate a mixed municipal solid waste and recycling transfer station within the city in violation of any term or condition of a license or permit required therefor by Dakota County and the State of Minnesota -- Minnesota Pollution Control Agency. Prior to the operation of a mixed municipal solid waste and recycling transfer station, the operator shall provide a copy of the license or permit issued by the county or state. The current license or permit shall be posted in a conspicuous location in the transfer station. (Code 1983, § 6.37, eff. 1 -1 -83; Ord. No. 93, 2nd series, eff. 12- 15 -90; Ord. No. 130, 2nd series, eff. 11- 29 -91; Ord. No. 136, 2nd series, eff. 5- 15 -92; Ord. No. 192, 2nd series, eff. 1- 12 -95; Ord. No. 210, 2nd series, eff. 2 -8 -96; Ord. No. 213, 2nd series, eff. 3- 14 -96; Ord. No. 218, 2nd series, eff. 5 -2 -96; Ord. No. 222, 2nd series, eff. 9- 12 -96; Ord. No. 254, 2nd series, eff. 1- 29 -98; Ord. No. 274, 2nd series, eff. 4- 29 -99; Ord. No. 277, 2nd series, eff. 6 -1 -99)