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07/09/2002 - City Council Speciali ._ ~ ~ .. ~..,. AGENDA SPECIAL CITY COUNCIL MEETING TUESDAY, JULY 9, 2002 5:30 P.M. CITY HALL COMMUNITY ROOM I. ROLL CALL & AGENDA ADOPTION II. VISITORS TO BE HEARD III. PRESENTATION BY DAKOTA COUNTY PARKS RE: METHODS TO IMPROVE WATER QUALITY THROUGH LOW IMPACT DEVELOPMENT IV. CLARIFICATION OF R-4 V. CEDAR GROVE DEVELOPMENT VI. 2003 CIVIC ARENA BUDGET VII. WASTE REDUCTION COMMISSION REPORT & PROPOSED ORDINANCE VIII. DIRECTION RE: ORDINANCE REGULATING THE SALE OF PHOSPHORUS FERTILIZER IX. OTHER BUSINESS X. ADJOURNMENT t~ ~ Z.c. ' -city of eagan MEMO TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: JULY 5, 2002 SUBJECT: SPECIAL CITY COUNCIL MEETING /TUESDAY, JULY 9, 2002 COUNTY PRESENTATION /IMPROVE WATER QUALITY THROUGH LOW IMPACT DEVELOPMENT Representatives of the Dakota County Parks Department are requesting time to meet with City Councils throughout Dakota County to provide a fifteen (15) minute presentation on improving water quality and reducing water quantity through low impact developments. The presentation consists of Non-Point Education for Municipal Officials (MEMO) and is revised for each city to include relevant area that are applicable to NEMO's philosophy and methods. This is an opportunity for the City Council and staff to support certain types of water quality and quantity initiatives, not only adjacent to Dakota County parkland, but also in areas like the Cedaz Grove Redevelopment, an azea adjacent to the Nicols Fen and other environmentally sensitive areas. DIRECTION TO BE CONSIDERED: To provide any direction or insight regazding the various water quality and proposed reduction of water quantity for development adjacent to Dakota County pazkland and future redevelopment areas within the City. CLARIFICATION OF R-4 ZONING INCONSISTENCIES As the Council is aware, staff is in the process of updating the City's official Zoning Map. Staff would like discussion and direction from the City Council relative to existing inconsistencies whereby a residential use that is not allowed in the R-4 district had been zoned as such (in the 1980's) because the density was consistent with the R-4 zone. Staff will prepare and present several scenarios for the Council to discuss and consider. DIRECTION TO BE CONSIDERED: To provide staff direction relative to the Zoning Map update. CEDAR GROVE REDEVELOPMENT There are several items that staff needs Council direction on related to the Cedar Grove Redevelopment Area. Ryan Proposal - In May 2002, Ryan Companies presented its development proposal to the City Council for the Cedar Grove North District and discussed its need for financial assistance. The City Council directed staff and Ryan to negotiate an agreement. Since that time, staff and project management consultant Ehlers have worked with Ryan to evaluate options that might increase total project value and reduce the amount of assistance being requested. More than likely, value can be increased with an increase in the amount of office space. This increase in office space however, has consequences for the traffic management plan for the area that could negatively affect other azeas. This analysis will be presented for Council consideration. Senior Housing Proposals -Three developers previously expressed interest in developing senior housing on the south corner of the Cedar Grove Pazkway/Silver Bell Road intersection (across from McDonald's). Ehlers and staff are confident that each of the developers has the financial capacity and experience necessary to deliver a quality product. There was some question at the May workshop as to the density of at least one proposal. As a comparison to what may be developed in the Cedar Grove area, the Commons on Marice senior community is often cited by the City as an excellent example of design and land use. That property has a unit density of 35 units per acre, or 156 units on 4.4 acres. Each of the three interested developers has been directed to prepare a pro forma that does not exceed that density. The updated development programs will be presented to the City Council for consideration and direction. Property Acquisitions -The City has purchased a number of properties in the Cedar Grove Redevelopment Area (CGRA) to facilitate infrastructure improvements and hasten the development process. In addition to the properties acquired for Project 800, the City has purchased a vacant lot on the corner of Cedar Grove Parkway and Gold Trail, and the property formerly occupied by Valley Bike & Ski west of Cedarvale Mall on the north side of Cedar Grove Pazkway. Staff has been approached by a number of business property owners concerned about the future of the area and the continued viability of their businesses. In these circumstances, business-owners are encouraged to develop as many options as early as possible. Jim Cooper Goodyear and Eagan Pet Clinic aze examples of two businesses that have been proactive in finding relocation sites for their businesses. Additionally, Pro-Wire is in the final stages of building a new site and has been trying to sell its CGRA property. There are a number of options to the City related to property acquisitions. Staff and consultants will discuss these options in greater detail and evaluate the pros and cons to the City. DIRECTION TO BE CONSIDERED: Give staff direction regarding continued negotiations with Ryan Companies; possible developer selection for senior housing; and property acquisition in the Cedar Grove Redevelopment Area. 2003 CIVIC ARENA BUDGET Traditionally, the Civic Arena Budget is given special consideration in advance of other Public Enterprise and General Fund Operating Budgets due to the fact that operations run more concurrent with a fiscal year starting in September than the traditional calendar year. To finalize both expenses and revenues for the 2002-2003 Civic Arena Operating Budget, Council policy relative to the proposed fees for the Civic Arena will need to be approved at the July 16 City Council meeting in order to provide the proper communication to various individuals and organizations that are planning to schedule use of the Civic Arenas. Enclosed on pages ~ through ~ is a copy of a memo to the City Council from the City Administrator and a proposed 2003 Civic Arena Budget/memo from the Civic Arena Manager and Parks and Recreation Director Vraa. DIRECTION TO BE CONSIDERED: To provide direction regarding, specifically, the hourly fees for the 2002-2003 skating season. WASTE REDUCTION COMMISSION REPORT & PROPOSED ORDINANCE Over the past few months, the Waste Reduction and Recycling Commission (WRAC) has diligently worked on revising City Code Section 6.37 regarding the licensing of waste haulers. Attached on pages ~through~s a summary of the revisions and the proposed revised ordinance amendment for Section 6.37. The Chair of WRAC, Rick Patraw and Vice Chair, Clint Hooppaw, will be present on Tuesday to highlight the code revisions, as well as share with the Council a summary of the commission's work over the past year. Per the direction of the City Council, the Code amendment will be the last action to be taken by WRAC prior to the commission being disbanded. City Council and staff will have the opportunity on Tuesday to thank the WRAC commissioners for their commitment and service to the City of Eagan. DIRECTION TO BE CONSIDERED: To consider revising City Code, Section 6.37 regarding the licensing of waste haulers. PHOSPHORUS FERTILIZER "SALE" ORDINANCE As you may recall, this past April, state legislation (SF-1555) was passed regarding the use and sale of phosphorus Lawn fertilizer. The League of Minnesota Cities has recently called to our attention that while the legislation gives the state authority to regulate both the use and sale of phosphorus lawn fertilizer, the state has opted not to exercise their authority over the sale of the fertilizer when the bill goes into effect on January 1, 2004. Therefore, with the passage of SF-1555 into law, local governments have until August 1, 2002 to enact ordinances regulating the sale of phosphorus lawn fertilizer if they want this authority to continue after January 1, 2004. If Eagan chooses not to exercise authority over the sale of phosphorus lawn fertilizer, then come January 1, 2004 there will be no regulations on the sale of phosphorus lawn fertilizer in Eagan since state law preempts local law at that point, and the state law only covers the use of phosphorus lawn fertilizer, not its sale. Attached on pages ~ through is a summary of the legislation, as well as a proposed ordinance from the City of Shorewood to regulate the sale of phosphorus lawn fertilizer. 3 Eagan's Water Resources Coordinator, Eric Macbeth, was contacted for his input on how an ordinance prohibiting the sale of phosphorus lawn fertilizer would affect the City of Eagan. Macbeth noted that the majority of Eagan's water quality problems are related to land use and phosphorus in our watersheds, and the City's current practice of regulating only commercial application of phosphorus fertilizer does not maximize the potential benefit to water quality levels in Eagan. Macbeth recommends that the City enact an ordinance prohibiting the sale of phosphorus lawn fertilizers in Eagan to further communicate the City's commitment to its surface water resources. As of July 1, four other cities in the metropolitan area have enacted ordinances prohibiting the sale of phosphorus lawn fertilizer: Burnsville, Shorewood, Plymouth, and Minneapolis. DIRECTION TO BE CONSIDERED: To determine if the City should regulate the sale of phosphorus lawn fertilizer by approving an ordinance by August 1, 2002. /s/ Thomas L. Hedges City Administrator ~f t T1.c~ TO: FROM: DATE: MEMO City of Eagan HONORABLE MAYOR AND CITY COUNCIL MEMBERS CITY ADMINISTRATOR HEDGES JULY 5, 2002 SUBJECT: CIVIC ARENA BUDGET In preparation for the Council's consideration of the Civic Arena budget, Civic Arena Manager Mark Vaughan and Parks and Recreation Director Vraa presented the Civic Arena budget to City Administrator Hedges, and reviewed anticipated revenues and expenditures. On the expense side, increases are anticipated in salary and wages, contractual services, and merchandise for resale. Additionally, there is a $20,000 proposed increase in capital outlay. Also, please note there is a $3,000 spike in debt service, which is the scheduled debt service payment for 2003. For a more detailed description of the proposed expenditure increases, please see the attached memo. The anticipated 2003 Civic Arena revenues do not adequately balance the proposed expenditures. If the ice rental fee were increased by $5/hour, a revenue shortfall would still exist. In light of the shortfall, two options that the Council may wish to consider are: 1) Decrease the capital outlays 2) Decrease a portion of the capital outlays and consider an additional $10/hour in rental fees. If a $10/hour increase were approved, Eagan's Civic Arena ice rental charge would be $150, which is in line with ice rental charges in our neighboring communities, such as Burnsville ($155/hour) and Apple Valley ($145/hour). Newer Civic Arenas, such as Minnetonka and Victoria are currently charging $175/hour in ice rental fees. Civic Arena Manager Vaughan has presented excellent discussion items in his attached memo, which the City Council may wish to review in preparation for Tuesday's budget discussion. In presenting the budget for 2003, it was staff's goal to continue the tradition of taking an entrepreneurial vantage to the City's operations in order to stabilize the fees to our residents, and continually create revenue-producing programs and operations in order not to become dependent solely on increased ice rental fees. If you have any questions about the proposed Civic Arena budget prior to Tuesday, please feel free to contact me. City Administrator -- - s Memo To: Tom Hedges, City Administrator From: Mark Vaughan, Civic Arena Manager CC: Ken Vraa, Director of Parks and Recreation Date: July 2, 2002 Re: 2003 budget Attached is the proposed 2003 budget for the Eagan Civic Arena, which includes some options to help balance the budget. Also included are a debt payment and the Capital Repair and Replacement spreadsheets. You will recall that the Civic Arena moved its budgeting year to September 1 through August 31 but the budget started on January 1.The operation spreadsheet reflects actual numbers for 1997 through 2001, the 2002 budget numbers and the proposed 2003 numbers. (Please note that the 2001 numbers are not the auditor's official numbers.} The 2003 proposed budget reflects an increase in expenses. Most notable are the acxounts for contractual services, merchandise for resale and capital outlay. Preliminarily, the 2002 final reports show $32,000 allocated to the Capital and Repair account. After the reduction of $5,000 to purchase the equipment washing machine, the 2002 budget for the Civic Arena is approximately $4,000 short of the Repair and Replacement goal. Estimated Revenues: The 2003 numbers are based on past history and the most current trends of arenas. The 2003 projections use an incxease of $5.00 per hour to the prime hours, which will produce approximately $10,000 annually. Other notable revenues include Spring Home and Leisure Show, turf rentals, equipment washing machine and dry floor programming. These account numbers were included in the 2002 Arena program revenues. For 2003, the numbers have been identified, as a line item to break down the aa~unt the arena program revenue account is a reflection of the Skate School registrations. You will note that the revenue portion of the budget shows an increase of $56,400 from the 2002 budget. • Page 1 Expenses: There are three line items that have major adjustments compared to previous years. They are merchandise for resale, other contractual services and other improvements. Merchandise for resale: Staff was over budget in the past two years in this account because of higher revenue generation. Staff is adding an extra $6,000 to this line item. Other contractual services: This account is used when staff has to bring in a contractor or vendor for special events. In these instances, revenue covers the cost. Examples would be the marketing assistant for the Home and Leisure show or high school announcers and timekeepers. Staff is adding $ 5,500 to this account. Other improvements~Capital.~ The following is a breakdown of this account for improvements to the Civic Arena operations and service. Building door security: $ 9,000 Security system from Cascade Bay: 3,000 Added Heating capacities to East Arena 6,000 Rental locker rooms 2,000 Total improvements/Capital $20,000 Budget Summary Proposed expenditures: $599,400 Debt Service 129,035 Reserved for renewal and replacement 36,000 Total $764,435 Less Operational Revenues 737,000 Difference $ (27,435) Balancing the budget: There are a few options to help balance the budget. The first would be to raise the ice time rate to close the gap. A survey conGuded demand for prime time ice rates is $145.56 for nine surrounding communities. Remembering that the current budget numbers include a $5.00/hour increase already, the gap could be closed by adding another $15.00 increase in prime ice time. This would put the rate for the 2002-03 ice season at $160.00/hour. A few community arenas are at a higher rate of $175.00/hour for prime ice time. • Page 2 Removing all capital improvement ideas will reduce expenses by $20,000. Capital items could be completed by bon-owing from the Capital Repair and Replacement fund or from excess revenue from previous years Discussion items to help with the budget: a) Ice Usage. Local hockey associations, high schools or city programs are the primary renters of prime ice time. In the non-prime season the Civic Arena has built up a clientele that produces a decent amount of revenue given this very competitive market for ice time. Staff will be working to add programs for future °off season" ice use, but will mainly concentrate on retaining its current customers. b) Skate School: The Eagan Skating School has maximized their opportunity to grow with the currently allocated ice time. There is room for growth in the °off season" as the program begins to produce more upper level skaters. Skating School Director Barb Yackel was hired last season and helped the program control expenses and maximize revenues. c) Equipment Washing Machine: Staff is very disappointed in what the machine offered for service and revenue. Revenue dollars were adjusted for the 2003 budget. Staff is working on changing the marketing to target certain users. d) Potential of Civic Arena: Moving away from Ice/turF rentals and dry floors programs, the Civic Arena Manager has made contacts with certain promoters and created some non-traditional uses for the Civic Arena. e) Debt service and CRR: These schedules are included in the packet. You will notice that this was a year where an increase in the debt payment was required. Staff appreciates the value of the capital repair and replacement account in planning for future issues of an aging building. f) Civic Arena Fund: As an enterprise facility, the dollars collected beyond revenue/expenses are kept in a fund for the Civic Arena for future use. Should those dollars be used to upgrade the faality or used to offset unbalanced budgets? g) Mezzanine of the West Arena: The Civic Arena manager has had discussions with a few individuals/groups to complete the upstairs of the West arena. Staff recognizes the value of the mezzanine area. Should this expansion be considered? • Page 3 fQ C Q U .j U ~'' O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 'O O In O O O O O M O ~p O <O O N O N O O O r- O O O cr O O O to N t` r O p1 ~ l~ <p ~ ~ ti V r' fn c0 O ~ ~ N ~ O) r- r M 7 ~ II II II O II O O O O O O O O O O O O O O O O O O O O O O O O O O O O ' N II N ' to O ~ M O p1 O O N O ~? 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The recommended revisions serve six primary functions: A) To provide language which reflects current practices and removes dated information; B) To clarify hauling districts by type and by area; C) To create a more enforceable ordinance for licensing staff; D) To clarify the language regarding the non-transferability of residential licenses; E) To provide for a waiting list to be kept by the City of Eagan and that preference be given when certain types of ownership transitions occur; and F) To create a mechanism which ensures that licensed residential haulers are actually utilizing their licenses and providing service to the citizens of Eagan. The Commission has worked with the City Attorney, a number of impacted waste haulers, and staff to identify the needed revisions and in drafting appropriate language to meet these needs. While evaluating the ordinance section, the Commission discussed Subdivision 5 which pertains to the licensing of waste transfer stations (this subdivision of the ordinance is included as the last page of the attachment). The Commission agreed that this subdivision relates to a variety of zoning code issues which have been of some concern in previous transfer station application situations. The Commission members therefore offer their recommendation that this subdivision be further evaluated by the Advisory Planning Commission if the City Council deems this to be the appropriate action. The Commission now respectfully submits these recommendations for review by the City Council. If you have questions or require further information, please do not hesitate to contact me. C muni ns oordinator / SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. TO: Joanna Foote, Communications/Recycling Coordinator FROM: Sharon K. Hills, City Attorney DATE: July 1, 2002 RE: Garbage Hauler License Requirements Our File No. 206-5943 In accordance with the requested revisions by the Waste Reduction Recycling Advisory Commission at its June 20, 2002 meeting, please find enclosed a revised ordinance amendment for Section 6.37. If you have any questions or further revisions, please do not hesitate to contact our office. SKH/j It /~ DRAFT/7.1.02 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTION 6.37 REGARDING GARBAGE, REFUSE AND RECYCLING HAULERS REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by changing the following definitions in Section 6.37, Subd. 1, to read as follows: D. Targeted recyclables means materials metal food and beverage containers, glass food and beverage containers, newsprint, corrugated cardboard, plastics (as defined by the county), office parer and mail, magazines, catalogs or other materials as defined by council resolution. F. D~~r~~e~i~zg Single family/multiple dwelling-individual household service hauling means gazbage, refuse and recycling hauling services in which the hauler specifically services an individual residential dwelling unit for the pickup of garbage, refuse or recyclables of that individual residential dwelling unit at that specific unit, regazdless of whether it is asingle-family dwelling or a dwelling unit within a multiple dwelling unit structure. G. Commercial/multiple dwelling-commingled service hauling means gazbage, 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 similaz container for shazed pickup service by the hauler or commingle their recyclables in a dumpster or other similaz container for shared pickup service by the hauler. J. Daily residential hauling district means a residential area in which garbage, other refuse, recyclables and yard waste are collected on the same day, the boundaries and day of collection of which are defined 13}~eenns~-a~ier~ as follows: (i Monday Residential Haulins District - anv azea in the Citv north of Difflev Road and west of Lexington Avenue (ii) Wednesday Residential HaulingLDistrict -any area in the City south of Diffley Road and east west of Lexington Avenue :and (iii) /9 DRAFT/7.1.02 Friday Residential Hauling District - anv area in the City east of Lexington Avenue -~sellestiea. 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 followin requirements: 1. There shall be €e~ three license categories defined by the type of account served: (1) commerciaUmultiple dwelling-commingled service hauling, (2) r°~~a°~*~~' a~~•°"~ng single family/multiple dwelling-individual household service hauling, ,and (~3) construction and demolition debris hauling. 2. CommerciaUmultiple dwelling-commingled service and ~es~exti-al ding single famil /maple dwelling-individual household service hauling licenses include r+~ recycling hauling services-licenses. 3. Licensees shall make curbside recycling collection available to all sin leg family and multiple dwelling residences with individual household services. ~ . At a minimum, such service shall include all targeted recyclables as defined herein. CommerciaUmultiple-dwelling hauling licensees shall make recycling collection available to all commercial establishment accounts , -19-3. 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 r$si g sin le family/multiple dwelling-individual household service hauling accounts ~ subject to the daily residential hauling district restrictions. as DRAFT/7.1: 02 (a) It is unlawful for ,.~ hauler vehicles to operate on residential streets in s~ ~ districts on any etker day other than as permitted for the daily single-family- multiple dwelling-individual household service hauling district, except to collect a missed pickup, special pickup or when an observed holiday falls within that week. 5. At a minimum, commerciaUmultiple dwelling-commingled service hauling licensees shall make weekly collections of separated garbage, other refuse and recyclables for all multiple residential dwelling accounts under its license n~' 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. 7. All hauler vehicles shall be in full compliance with the Minnesota Department of Transportation requirements and all hauler vehicles shall be available for inspection by the City. 8. In order to receive or retain a hauling license hereunder, the a~plicant/licensee shall be in compliance with all state, county and City regulations, including any conditional use permits. Section 3. Eagan City Code Chapter Six is hereby amended by changing Section 6.37, Subd. 4(B), 4(C), 4(D), 4(G) and 4(H) to read as follows: B. Before a hauling license shall maybe issued, the applicant shall file with the city clerk- evidence of the i~~eie~ egg following insurance coverages and amounts for each vehicle operated under the license from an insurance company authorized to do business within the state-a~e~a 1. Auto liability coverage including all owned, nonowned and hired motor vehicles. Coverage provided ~ shall be in an amount of at least $250,000.00 for injury to or death of any one claimant and $500,000.00 for total injuries and/or damages arising from a single occurrence, or a combined single limit of $500,000.00. 2. Workers' compensation insurance certificate as required by Minnesota Statutes. The licensee shall file with the City Clerk and copy of the licensee's certificate of insurance, which shall list the vehicle identification number of each vehicle operated 3 ~~ DRAFT/7.1.02 under the license. The certificate of insurance shall be for the period of the annual license, expiring on December 31S' of the license year. C. The council, in the interest ~ of 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 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. Uvon the termination of a license as a result of change of ownership as provided herein, a license application of the new hauler shall be granted license approval preference over any other license applicant, provided the hauler makes application within 30 davs of the license termination and the hauler meets all conditions and regulations for licensin ag s 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 davs of the name change, a new application for license must be submitted to the City and subsequently approved by the City in order for license to remain in effect. 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. 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 ~t than on residents who do not recycle. G. Each vehicle for which a haulers 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. This information shall be provided on the license for each separate vehicle. 4 a~ DRAFT/7.1.02 I`~y~"h45~ ~~CS . r~ fy'" H. All single family/multiple dwelling-individual household service; and commerciaUmultiple dwelling-commingled service, licensees shall report to tie cam} Dakota County, on the form provided for such purpose, the quantity of all recyclables and yard waste abated from the landfills and any other information as required b~state, county or local laws. Section 4. Eagan City Code Chapter Six is hereby amended by adding Section 6.37, Subd. 4(I) and 4(J), to read as follows: I. The duration of a license shall be for a calendar year, expiring on December 31 of each year, regardless of the date of issuance. All existing licenses on December 31 of each year will be automatically renewed provided the licensee pays the license fee prior to issuance and is in compliance with all requirements of this Section. J. All single family/multiple dwelling-individual household service hauling licenses shall be subject to the licensee providin single family/multiple dwelling= individual household hauling services to not less than 250 residential households in the City, with their own equipment, excludin multiple dwelling units which fall within the definition of commerciaUmultiple dwelling-commingled service hauling. The licensee shall make available for inspection upon request, a list of all single family/multiple dwelling-individual household service accounts, by address, within the City. If the licensee fails to provide proof ofproviding single family/multiple dwelling-individual household service hauling_services to households as required herein by the end of the calendar year, (December 31 of all years), the license shall automatically terminate. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation"' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: By: Maria Karels Its: City Clerk CITY OF EAGAN City Council By: Patricia E. Awada Its: Mayor 5 a3 DRAFT/7.1.02 Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: ay NextPage LivePublish Page 3 of 4 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 a garbage, other refuse or recycling hauling license shall be issued, the applicant shall file with the city clerk-treasurer the following information evidencing insurance coverages and amounts from an insurance company authorized to do business within the state and/or a certificate of self insurance pursuant to Minnesota Statutes: 1. Auto liability coverage including all owned, nonowned and hired motor vehicles. Coverage provided should be in an amount of at least $250,000.00 for injury to or death of any one claimant and $500,000.00 for total injuries and/or damages arising from a single occurrence, or a combined single limit of $500,000.00. 2. Workers' compensation insurance certificate as required by Minnesota Statutes. 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 eight residential dwelling 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. 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. Residential dwelling 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. Residential dwelling hauling licensees are prohibited from imposing a greater charge on residents who recycle than on residents who do not recycle. E No hauler operating on a route in a residential district shall operate a truck on any city street when The weight of said vehicle exceeds eight tons per axle. F. No hauler shall operate in a residential district after 8:30 p.m. or before 6:30 a.m. of any day, and riu hauler shall operate in a residential district on Sunday. G. Each vehicle for which a hauler's license is issued shall exhibit such license in a prominent position on said vehicle. H. All residential dwelling, commercial/multiple dwelling, and recycling hauling licensees shall report to the city, on the form provided for such purpose, the quantity of all recyclables and yard waste abated from the landfills. Such quantities shall be reported by 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 o 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. http://livepublish.municode.com/ 13/Ipext.d.../6aa?f-templates&fn=document-frame.htm&2. 6/20/2002 Minnesota's Lawn Phosphorus Fertilizer Law cR. stress, UM Extension, 6/19/02) SF 1555, the Phosphorus Fertilizer Bill, was signed into Minnesota state law April 19, 2002. The following is a summary of the resulting law (Minnesota Session Laws 2002, Chapters 345 and 400). For more information, contact Jerry Spetzman at the Minnesota Department of Agriculture, 651-297-7269. • PREEMPTION OF LOCAL LAW Local units of government may not adopt or enforce ordinances regulating the sale, handling or use of phosphorus fertilizers for the growing of crops (agricultural use). Starts Apri120, 2002. Local units of government may not adopt or enforce ordinances regulating the sale, handling or use of phosphorus fertilizers for the growing of turf (see exception below). Starts Jan. 1, 2004. Exception: Local ordinances that regulate the sale (not use) of phosphorus lawn fertilizer that are in effect by August 1, 2002 will be allowed to stay in effect after January 1, 2004. • FERTILIZER APPLICATION TO IMPERVIOUS SURFACES -Starts August 1, 2002 It is prohibited to spill or spread fertilizer on impervious surfaces (paved areas such as sidewalks, driveways, and streets). Clean up immediately if you do. This applies to all fertilizer, whether it contains phosphorus or not. • PHOSPHORUS LAWN FERTILIZER USE RESTRICTIONS -Starts January 1, 2004 Lawn fertilizer is restricted to 0% phosphate (PZOs) content in the seven county Twin Cities metro area, 3% phosphate (PZOs) content in other areas of the state unless it is for a new lawn, or a soil or tissue test shows a phosphorus need. In those cases, lawn fertilizers with higher phosphate content can be used. (Note: The phosphorus (P) content of fertilizer is measured as phosphate (PzOs). The phosphorus content of phosphate is 43%.) Golf course staff that have been certified in a program approved by the Minnesota Department of Agriculture can use phosphorus fertilizer according to their professional judgment. Local units of governments outside the seven county Twin Cities metro area can adopt the 0% phosphate limit, but need to inform the Minnesota Department of Agriculture of the change. When applied, phosphorus lawn fertilizer needs to follow rates recommended by the University of Minnesota and approved by the Minnesota Department of Agriculture. CONSUMER INFORMATION: Needs to be provided by Minnesota Department of Agriculture in consultation with University of Minnesota, fertilizer industry, lake groups, and others. • RESEARCH EVALUATION: Needs to be done by the Minnesota Department of Agriculture in cooperation with the University of Minnesota and consultation with fertilizer industry, lake groups, and others. • ENFORCEMENT: Restrictions and probations in this law are enforced by local units of government under their existing. authority. Violations are petty misdemeanors. END PROPOSED -Goes to Plymouth City Council on June 25, 2002 CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO.2002- AN ORDINANCE AMENDING SECTION 1170 OF THE PLYMOUTH CITY CODE CONCERNING THE SALE OF LAWN FERTILIZER THE CITY OF PLYMOUTH, MINNESOTA ORDAINS: SECTION 1. Section 1170 of the Plymouth City Code is amended by adding Subdivision 1170.07 to read: 1170.07. Sale and Display of Lawn Fertilizer. No person, firm, corporation, franchise, or commercial establishment shall sell or display for sale any lawn fertilizer, liquid or granular, within the City of Plymouth that contains any amount of phosphorous or other compound containing phosphorous, such as phosphate, unless: (a) Phosphorous-free fertilizer is also available for sale. (b) Phosphorous-free fertilizer and fertilizer with phosphorous are separately displayed with each display being clearly marked as to whether or not the fertilizer contains phosphorous. (c) Displays of phosphorous-free fertilizer are of equal or greater size and prominence. (d) A sign or brochure is on prominent display next to any fertilizer display containing the City of Plymouth's regulations concerning the use of fertilizer with phosphorous. SECTION 2. This ordinance shall be effective on July 31, 2002. ADOPTED by the City Council of the City of Plymouth, Minnesota this day of 2002. Joycelyn Tierney, Mayor ATTEST: Sandra Paulson, City Clerk ~~