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HomeMy WebLinkAbout05/30/2002 - Waste Reduction and Recycling Advisory Commission AGENDA WASTE REDUCTION & RECYCLING ADVISORY COMMISSION EAGAN, MINNESOTA Eagan Municipal Center City Council Chambers MEETING DATE CHANGED TO: THURSDAY, MAY 30, 2002 5:30 p.m. * ** I. ROLL CALL AND ADOPTION OF AGENDA (5:30 -5:32) II. APPROVE APRIL 18, 2002 MEETING MINUTES (5:32 -5:35) III. VISITORS TO BE HEARD IV. OLD BUSINESS A. Review & Adopt proposed Ordinance 6.37 Revision (5:35 -6:55) V. NEW BUSINESS B. Recycling Coordinator Updates (6:55 -6:59) VII. ADJOURNMENT Next meeting- June 27 *, 2002 at 5:30 p.m. (7:00) MEMO TO: MEMBERS OF THE EAGAN WASTE REDUCTION & RECYCLING ADVISORY COMMISSION FROM: COMMUNICATIONS COORDINATOR FOOTE DATE: May 9, 2002 SUBJECT: ADVISORY COMMISSION MEETING OF MAY 30, 2002 A regular meeting of the Eagan Waste Reduction & Recycling Commission will be held on Thursday May 30, 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, May 28, to indicate if you cannot attend. I. ROLL CALL AND ADOPTION OF AGENDA 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. III. VISITORS TO BE HEARD IV. OLD BUSINESS A. Discussion Regarding Ordinance Revision (5:55 -6:15) • FACTS: At its February, March and April 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 second draft of a portion of the revisions under consideration were distributed prior to the meeting. 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 DRAFT 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 Hanson. 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 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. Hoopaw 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 seconded 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. 1 DRAFT 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. Hoopaw 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 IDEA. 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 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 3 DRAFT /5.1.02 Friday Residential Hauling District - any area in the City s^•uth of Di` ey Doan and east of Lexington Avenue etion. Section 2. Eagan City Code Chapter Six is hereby amended by changing Section 6.37, Subd. 4(A), to read as follows: 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 hauler licenses shall be subject to the following requirements: 1. There shall be €ems three license categories defined by the type of account served: (1) commercial/multiple dwelling - commingled service hauling, (2) single family /multiple dwelling - individual household service hauling, - • - - - • .. . • : - - - • - : - • - :, and (-4-3) construction and demolition debris hauling. 2. Commercial/multiple dwelling - commingled service and reel dwelling single family /multiple dwelling- individual household service hauling licenses include residential recycling hauling services licenses. -' - -- - - - - - - - ln. 3. • - • : - • . _ • - : . - • - : Licensees shall make curbside recycling • collection available to all - • - - • . - - : • : - - single - family and multiple dwelling residences with individual household services. : - • - . • _ - - • - dwelling - acres: 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 , 449 -3. At a minimum, such service to commercial establishments shall include at least two targeted recyclables items as defined herein. 4. Single family /multiple dwelling - individual household service hauling licensees shall make weekly collection of separated garbage and other refuse, yard waste and recyclables for all single family /multiple dwelling - individual household service hauling accounts within subject to the daily residential hauling district restrictions. 2 DRAFT /5.1.02 4. The certificate of insurance shall be for the period of the annual license, expiring on December 31 of the license year. C. The council, in the interest in maintaining healthful and sanitary conditions in the city, hereby reserves the right to specify and assign certain areas to all licensees, and to limit the number of licenses issued. The council shall issue no more than seven fesideFitial-thvelling single - family - multiple dwelling- individual household service hauling licenses. No license shall be transferable between persons or entities. Any change in individual or corporate ownership or substitution in partners shall constitute a transfer and shall automatically terminate the license. Upon the termination as a license as a result of change of ownership as provided herein, a license application of the hauler as newly owned shall be granted license approval preference over any other license applicant, provided the hauler makes application within 30 days of the license termination and the hauler meets all conditions and regulations for licensing as required herein. If the licensee's name changes and the change is not due to change of ownership during the period of the license within 30 days of the name change, a new application for license must be submitted to the City and subsequently approved by the City. • D. Each applicant shall file with the city clerk - treasurer, before a garbage and refuse hauler or recycling license is issued or renewed, a schedule of proposed rates to be charged by him during the licensed period for which the application is made. Every licensee shall provide prior notification of any change in rates to be implemented during the licensed period. 1. Residence Single family /multiple dwelling- individual household service hauling licensees rates shall include a minimum of three levels of regular service, priced on the basis of volume or weight with a rate structure designed to encourage reduction, re -usage and recycling. Single family /multiple dwelling - individual household service hauling licensees are prohibited from imposing a greater charge on residents who recycle that on residents who do not recycle. * * * G. Each vehicle for which a hauler's license is issued shall exhibit such license in a prominent position on said vehicle. The applicant shall submit with the application a list of the vehicle identification number and license plate number for each vehicle to be operated under the license which will be provided on the license for each separate vehicle. * * * 4 DRAFT /5.1.02 Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: 6 Dear Commissioners, I cannot be with you this evening, but as I think it is likely that there will be a vote to make important recommendation to the City Council, I would just like to share a few points regarding the ongoing ordinance revision. I am in favor of the general revisions of the ordinance and I am in favor at this point of lifting the cap on residential hauler licences. My reasons for this position begin with the nature of industry change over the last several years that has resulted in a significant amount of hauler consolidation. While there were previously over a dozen residential haulers in the market, there are less such haulers now, with only a handful of companies actively in the market. In order to provide healthy competition in this market, artificial caps, such as the one we currently have, must be reviewed from time to time. In this case it seems like it is time to scrap the cap. In addition, there is empirical evidence to suggest that there would not be an explosion of new companies should the cap be lifted. In Burnsville, if I recall correctly, there is no cap on residential licenses and there are six such active residential haulers. This state • of affairs would suggest that while there might be an increase in haulers, it would not be an explosion of dozens of residential haulers in neighborhoods. Finally, I have heard of no practical, enforceable and reasonable system for maintaining the cap with a "must use requirement ". With each idea so far presented seems to have a combination of several unpalatable characteristics; (1) data privacy concerns, (2) enforcement and oversight problems, and (3) forcing current licensed haulers to conform without regard to their situation. Due to these considerations and issues, I cannot foresee a system that would adequately address all of these issues. I get the sense that other members of the commission are concerned about these aspects of a cap with a "must use" requirement, as well. Therefore, it would appear that the best choice would be to recommend the various changes that we have discussed and take off the cap on residential hauler licenses. Thank you for your time and attention. Nathan Krahn No increase in number of garbage companies By DENISE D. TUCKER Argus Leader published: 5/14/02 Mayor casts deciding vote against raising maximum from 23 to 30 The Sioux Falls City Council defeated a plan Monday night to increase the maximum number of private garbage haulers working in the city from 23 to 30. Mayor Gary Hanson broke a 4 -4 vote of the council to defeat the proposed ordinance. The number of solid -waste haulers licenses has been capped at 23 for the past 15 years. There are no licenses available, unless someone purchases one from an existing hauler. "There is no overriding evidence presented for an overwhelming need for new licenses," Hanson said during his final City Council meeting as mayor. Council members Kenyon Gleason and Darrin Smith wrote the proposal to raise the cap. "The intent of the ordinance was to create more opportunity for people to get into business," Gleason said. Sioux Falls quit issuing new licenses in the 1980s, when nearly 60 haulers worked in the city. Poor and shoddy equipment, numerous garbage trucks on the streets and deteriorating roads led to a task force to study the issue. That group led to minimum standards for haulers. "We're not trying to get back to the place we were with 60 haulers," Smith said. Licenses cost $50 and are issued by the Health Department. Council member Bob Jamison agreed with Hanson, saying there are enough haulers in the city. Garbage haulers were mixed in their reaction to defeat of the proposed ordinance. "We feel opening up licenses would not be in the best interest of the people of Sioux Falls," said Cindy Neuroth, representing the Sioux Falls Garbage Hauler Association. She said it is a safety issue. The more licenses, the more trucks, which equals more accidents, she said. "People wanting to get in, there are still opportunities," Neuroth said. "They can buy out others. Today, there are companies that are for sale."