1c. Ordinance Amending Chpt 16 regarding Collection of Recyclables I , .r
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CITYOF `�R. 41(. i . :,.'„ , CHANHASSEN
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I "` 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
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11 MEMORANDUM
TO: Don Ashworth, City Manager
IFROM: Jo Ann Olsen, Senior Planner '2a)
DATE: November 30, 1989
ISUBJ: Zoning Ordinance Amendment Concerning Solid Waste
Collection - Second and Final Reading
On November 20, 1989, the City Council approved the first reading
of the amendment to the ordinance concerning solid waste
1 (Attachment #1) . The Recycling Committee met on November 28,
1989, to review the ordinance one final time with the haulers and
make the final corrections prior to the City Council acting on
I the second and final reading of the ordinance. With comments
from the haulers, the Recycling Committee made the following
changes to the ordinance:
II 1. Section 2(b) - the Recycling Committee changed the date for
the expiration of the license from October 31st to December
31st. Currently, licenses are being renewed at the end of
II each year and not on October 31st. So this change will be
consistent with the current practice.
I 2. Section 3(b) - the Committee reworded this section to allow
the collection of yard waste to occur on Saturdays by adding
the sentence, "No collection of yard waste shall be made
except between the hours of 6:30 a.m. and 6 : 00 p.m. , Monday
II through Saturday, and removing the word "yard waste" from the
first sentence.
II 3 . Section 3(e) - Section 3(e) has been deleted.
This section concerned the collection of yard waste. This
section was deleted since beginning January 1, 1990, yard
1 waste cannot be mixed with solid waste" and the haulers would
have to be collecting it separately, in any case. It was
decided that section is no longer necessary.
1 4. Section 3( f) - This states that licensed municipal solid
waste haulers may not charge the customers the flat fee rate
and that it must be based upon the volume or weight of the °
IImixed municipal solid waste that is collected. One of the
II
Mr. Don Ashworth
November 30, 1989
Page 2
' haulers requested that we make this section more flexible to
allow them to provide their own economic incentives to
recycle such as charging a customer a higher fee if they do
not recycle. Staff had the City Attorney verify the new
SCORE Legislation as to whether or not a volume base fee has
to be used or if there is flexibility. It was confirmed that
a volume base fee must be used and the second sentence under
' Section 3(f) is close to the exact wording of the state
legislation.
The remaining portions of the ordinance have remained the same.
' Staff is recommending that the City Council adopt the second and
final reading of the Ordinance Amending Chapter 16 , of the City
Code Concerning Solid Waste as attached.
' ATTACHMENTS
1. City Council minutes dated November 20, 1989.
2 . Ordinance Amendment concerning Solid Waste.
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City Council Meeting - November 26, 1989 >
PUBLIC HEARING: CITY CODE AMENDMENT TO CONSIDER RECYCLING PROGRAM OPTIONS:
A. REQUIRE ALL LICENSED RULERS IN CHANHASSEN TO PROVIDE CURBSIDE COLLECTION
OF RECYCLABLES; OR
B. ESTABLISH A DIRECT BILLING SYSTEM FOR ALL CHANHASSEN RESIDENTS TO PROVIDE
WEEKLY OR BI-WEEKLY CURBSIDE RECYCLING. I
Public Present:
Name Address 1
Victor Hallberg 411 Del Rio, Chanhassen
Gary Lano Chaska Sanitation
Keven Tritz Woodlake BFI
Mike Berkowpeck Waste Mangenent, Inc.
[iii Sacchet Hidden Circle
Jo Ann Olsen: As you know, the City currently has a contract with Waste
Mangement for collection of curbside recycling. The City has been funding that I
program. Wa can no longer do that through the general funds so we've been
looking at separate options for funding recycling, to continue it. We have a
Recycling Committee now and we have looked at several options and we have
narrowed than down to the two that you just mentioned. After looking at all the
information, the committee has recommended that the haulers collect the
recycleables. The haulers that are licensed in Chanhassen. We do have
committee members here to also give information and we do have same haulers
here.
Mayor Chniel: I'd like to have the cammittee members, those who are wishing to
address it to came forward at this time.
Victor Hallberg: Victor Hallberg at 411 Del Rio. I serve on the Recycling
Commission. The key development that occurred recently was a finding from the
Attorney's office that there was little enforceability to collections of
recycling bills because it could not be defined as a utility. As equivalent to
a utility in the size city that we're at, as I understood it. That meant that
the only alternative was to go to small claims court which would be a costly
procedure. At which point the Commission quickly concluded that asking the
haulers to pick up and bill for the recycleable materials was the only logical
alternative and we unanimously recommended it to you. The other issues have
been covered in a lot of different memos. I don't think we need to cover then
at length. '
Mayor Chniel: Are there any haulers or anyone else wishing to address?
Gary Lano: I'm the owner of Chaska Sanitation, Gary Lano. We service
approximately 600 residential homes inside Chanhassen. At this time I really
feel, for a lot of the smaller haulers inside Chanhassen, it's going to be
awfully hard for us to go out and buy new equipment for a recycling program.
Recycling and garbage collection is basically two separate businesses and if the
Council and the Mayor decide to go ahead with this, our company's going to be !I
I
20
,City Council Meeting - November 20, 1989
more than happy to go along with it and I'm basically here to represent the 600
residents I have here in Chanhassen. Thank you.
Kevin Tritz: Mr. Mayor, members of the Council. My name is Kevin Tritz. I'm
' the district manager for Woodlake BFI. I have a number of accounts also in
Chanhassen. I guess I have no problems either way. There is several cities now
in the metro area that have licensing requirements for recycling as part of ..
doing business in those cities. There's 14 in all in the metro area. There's
23 cities in the metro area right now that have same type of licensing
requirement. I feel that in due time we're going to have to do it all over.
' Right now it makes it a little more difficult in Chanhassen in that we're not
faced with the tipping fees like we are in Hennepin County or some of the other
communities but in due time we're going to see that those tipping fees are going
to basically increase here and we're going to be faced with the same situation
' we are in Hennepin, Ramsey and Dakota counties. At that point recycling makes a
lot of sense for us as haulers to do. I guess if we had to do recycling
ourselves, we're prepared to do it and I have no problem with that.
' Mike Berkopeck: My name is Mike Berkopeck and I'm with Waste Mangement, the __-
current recycling collection hauler and we do have some residential accounts
here in the city of Chanhassen for garbage service. I think it would be, myself
and Lynn Morgan from my company have been at many of the recycling committee
meetings so I think where we stand with this thing is pretty clear and quite
obviously we don't want to lose the work. We have a good contract with the City
and we'd like to keep doing that. We know what we can do and I guess we think
that that would be a good thing to continue to do. We understand that there's
same problems from a billing standpoint and things like that and I think
ultimately it comes down to how you want to, the goal for everybody is to try
and get as much out of the waste treatment as possible and I guess we have some
feelings that the contracted way may be the best way in this case. Other than
that, I guess I think on more of a technical thing is when this thing happens,
if the ordinance happens, I assume would this be the first reading of the
ordinance also?
•
Councilman Hoyt: Hopefully.
Mike Berkopeck: Okay. If it happens that way, I guess I have some questions
and concerns about the ordinance that it's not important to get into but I
assume there's a first reading and then there's opportunity for comment and
change? That's all I need to say. Okay, thank you.
Mayor Chmiel: Is there any one else?
4
Uli Sacchet: My name is Uli Sacchet. I live at Hidden Circle. As a resident I
' like to stress slightly different aspect with this whole effort which I
personally very much appreciate and encourage. It seems to me that there should
be also an effort in stressing why recycling in terms of the residents. It's
basically a discussion here between the city and the haulers who's going to do
it. I don't know if there's enough awareness out there in the community and I'd
like to encourage you from your vantage point to stress the important of
recycling for the residents in general because it's relatively modest what's
I beih
ng attempted here. I just visited my parents in Switzerland a couple of
months ago and they have to bring old medication back to the drug store to have
to put batteries in a recycling thing. They have to put aluminum foil into a
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City Council Meeting - November 20, 1989
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different place. They have about 12 categories of recycling. It was a whole
little book to look at. A whole little brochure of how to go about it and
people take it very seriously and why? Well, it's important. Well, why is it
important? It's one way that we can preserve our environment. Healthy and it's _
very...way to show we care for the environment. I don't know how much, and
that's just a little aspect of it, how much this awareness is out in the
community and it should be considered as an important element in this whole
set-up. Not just is it the hauler or the city but the people have finally got
to do it or the residents. Of what I've seen in my neighborhood, there weren't
overwhelmingly many participating in that pick-up of recycleables. Just a
little idea. Thank you.
Mayor Chmiiel: We have been doing this since, I'll let you address it. '
Victor Hallberg: The issue of education is very close to the minds and hearts
of the members of the commission and it's just been the issue is the immediate I
issues that we've had to address first and then once we get that, we fully
expect to go into a much more broad educational program and please ask your
mother to send the booklet. If you would translate it for us, we'd be much
obliged. The other thing I wanted to comment on was the small haulers. The
cost of getting up the equipment for recycling. There is options available. We
did hear several weeks ago when we had a lot of haulers at one of our commission
hearings and at that time, there is a natural obviously a conflict of interest
between large haulers that already have geared up for recycling. Ebr them to
subcontract through a smaller hauler to do the recycling but in addition there
are companies out there that only do recycling. one of those representatives
was at that meeting so I think that does provide at least same flexibility for
the small haulers not to have to gear up and do a subcontract for the
recycleables of their customers so that gives us same partial solution at least.
Mayor Ctmiel: Good. Thanks. This is a public hearing. Is there anyone else
wishing to address the issue?
1
Councilman Johnson moved, Councilwoman Milder seconded to close the public
hearing. All voted in favor and the motion carried. The public hearing was
closed.
Councilman Johnson: I was actually somewhat leaning the other way until we
found out that we couldn't actually make anybody pay us other than take them to
court for if the city made the collections and that kind of swayed.my vote on
the committee to go for requiring the haulers. It's also very helpful to having
an independent businessman there who's only business was to provide recycling.
I think he does the city of Mound or whatever. So he would be the type of
person that the small hauler could subcontract to where he wouldn't be helping
out his other competition because this guy doesn't compete in the hauling
business. So there are options for the small haulers where they won't have to
go out and buy a bunch of trucks.
Roger Knutson: Could I make a point of clarification? I hope you all received
by letter of November 16th which explains how I got into it. As far you
treating this as a utility and being able to turn off the water, I think it's
pretty clear. You have a long way to grow before your city is a first class so
you can't do that. But as far as assessing the cost, assuming our recycleable
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City Council Meeting - November 20, 1989
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is garbage you could assess the cost as I pointed out. That has not been
tested.
Mayor C oriel: Right.
Councilman Johnson: We could have assessed it back against the individual's
taxes?
Roger Knutson: The property owners. If someone doesn't pay their garbage bill,
if a city garbage collection and you don't pay your garbage bill, the City can
assess that cost against the property just as it can a water bill.
Councilwoman Dimler: Okay. After looking at all the options, I would go along
with option number 2 requiring the haulers to recycle it. Especially in light
I of the testimony that the haulers would be willing to comply with that. I would
recommend removal of item (c) from Section 2 of the ordinance where it say, not
to restrict the number of haulers in our town. I guess I wanted to ask Roger
why we're not a first class. What's the criteria for first class?
Roger Knutson: There's only Minneapolis, St. Paul, Duluth.
' Mayor Chmiel: St. Cloud.
Councilwoman Dirtier: Is it population?
1 , Roger Knutson: Yeah, population. I think it's 80,000 to 100,000.
Councilwoman Dimler: Okay. So we need to grow.
' Mayor C viiel: Maybe it's not St. Cloud if it has to be 100,000.
Councilman Boyt: Bloomington.
Roger Knutson: Are they 100,000?
Councilman Boyt: They're the largest city in the Minneapolis.
Councilwoman Dimler: Also, the other one I had was in Section 3, item (d) it
' states that the garbage collection would be done on the same day but not
necessarily the recycleables at the same time and I was wondering why that was
because I thought one of our aims was to reduce truck traffic because it is hard
' on our roads so that's 2 different trips for the same hauler.
Jo Ann Olsen: Because it will be a different truck. It can't be, recycleables
couldn't be collected along with the garbage trucks so it's two separate trucks.
Councilwoman Dinner: And you couldn't route them together?
Jo Ann Olsen: Well, they can do that but usually they come in later that day
or...
Councilwoman Dimler: Well anyway, I go back to Option 2 with the removal of
(c) from Section 2.
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City Council Meeting - November 20, 1989
Roger Knutson: Just an editorial comment. Living in Minneapolis, it's really
nice if you have everything done the same day because I have a complicated
schedule at home next to my calendar where there's same days this things happen,
sane days other things happen. You've really got to keep on top of it. It's
easier if it all happens the same day.
Councilman Boyt: First I think, and I'm sure the whole Council would support I
this that the committee certainly deserves and should receive our thanks for
their diligence. I know they met virtually weekly to get this done by January.
The Mayor could probably say it better but. ,
Mayor Chmiel: That's alright, go ahead.
Councilman Boyt: I'll open it up by saying that I think that the City should be ,
coordinating this. I don't think it should be going through the individual
haulers so maybe a few words for the other side of that. The recycling conmitte
meeting that I attended when both of those options still looked like they were
possibilities was evenly split. Only 4 of the committee members were there.
Now a couple things about that. Why I think it's a better option. Marketing
recycleables is a challenge in itself. I understand we may be coming out of hte
newspaper glut but that's a cyclical sort of thing and has always been and
probably will continue to be for a while. Finding a market for these is going
to be a challenge, especially for somebody who's major business is picking up
garbage, not recycling. I think there's sane real efficiencies. I've got
several problems with the staff report, not least of which is when they quote
the price at $10.00 to $12.00 on a quarterly basis. The last time I looked, the
quarter was 3 months. The most we've ever quoted anybody is $2.00 a household
per month which would be $6.00 a quarter.
Jo Ann Olsen: As explained in those memos, that also included sane
adminstrative costs and also included containers. Purchasing containers.
Councilman Boyt: That's with weekly pick-up was $2.00 a household per month.
Now, so there's this issue of who's going to do the marketing if we have the '
individual 16 or whatever haulers do it? I agree with Ursula that we definitely
should strike item (c) . What happens to new people who want to enter the
industry if we've said we're committed to only these 16 trying to get at the 4?
Maybe someone will cane in with a better way of doing it. I think another
question that I have and I didn't see it in the staff report, how it would be
answered, but the County is going to be getting money from all of us through the
State and how is the County going to reimburse the city for this is the City
isn't spending anything? I mean all of us individually are spending something
but the City isn't spending it and you can be sure the County isn't going to
send each taxpayer $12.00 back or $30.00 back. They're going to want to focus
it through the City so if you've got same answers to that, or if staff does, I'd
like to know what those are. The City loses the ability to negotiate for the
best bid if we turn it over to the individual haulers. As it is now, we can
negotiate and have been fairly successful at negotiating at pretty good rate for
this. As we just heard, we're not going to be reducing the number of trucks
when we go to individual haulers. We may even be doubling the number of trucks
so I don't agree with the staff report that that's an advantage to the
individual hauler option. I think that the City, this is virtually a utility.
Would be if we were a big enough city. A utility should be controlled by the
city. There aren't many things that the City should be doing but basic 1
24 1
t City Council Meeting - November 20, 1989 ,, e,,
II utilities are one of than and only the size prevents us from considering this a
basic utility. It is in fact a utility type service. There is probably a lot
II 11 of directions that the City is going to want to take with this over the years.
We can take than better if we're doing the monitoring and supervision of the
collection by being the people paying for it. My last point is, whatever we do,
whether it be option 1 or option 2, that the city staff should be directed to
write a letter to our State Representatives asking them to spearhead legislati6n
to give us the right to consider recycling a utility. If the State's going to
require us to do it, and they certainly have, then they should give us the power
to use it to get the job done right. That's all I've got.
' Councilman Johnson: Mr. Mayor, may I respond to one of Bill's there?
Mayor Chmiel: Yeah, I was going to respond to it too Jay. If you'd like to, go
ahead.
Councilman Johnson: I think the main one was what are we going to do with the`
' score money from the County. That's going to be used for education, containers. "
Councilman Boyt: How will we get it?
' Councilman Johnson: How will we get it?
' Councilman Boyt: Well we're not going to pay for the containers. The
individual haulers are going to be bill their individual people for that, as it
stands as I read the staff report.
Jo Ann Olsen: If we have the billing, the direct billing, we would be.
Councilman Boyt: Well if we had direct billing, certainly we would but I'm
' talking about option 2 where the 16 haulers are going to be doing the billing
individual. Is the City going to go ahead and buy the containers?
Jo Ann Olsen: We were still looking at that option. 4b go for the grant
1 through the Met Council to have 50% of that cost paid.
Councilman Boyt: Okay, that would be one item. And your sense then is that the
County would give us money to provide for the education awareness thing that Uli
has said, and we all agree, is...
' Councilman Johnson: Plus household hazardous waste. Plus white goods. Plus a
lot of other recycleables that these folks will not be able to recycle.
Mayor Chmiel: All the other things you have going including your leaf recycling
and many other factors too.
Councilman Boyt: Well you know, we're in here, the way this ordinance is
' written now, we're going to require the individual haulers to do 16 leaf
pick-ups.
11 Mayor CYmiel: Yep.
Councilman Boyt: Well, the City and the County is currently doing that.
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City Council Meeting - November 20, 1989
: II
Jo Ann Olsen: That's mandatory anyway starting January 1, 1990 you cannot take
leaves or compost grass clippings to a landfill.
Councilman Boyt: No, but you know that the County already does that in the fall
and spring right? '
Jo Ann Olsen: No they don't. This year what they did was to let haulers know
where they could drop off leaves and grass clippings. They did not sponsor.
Councilman Boyt: What happened to those bags when we get them? Don't we get
those from the city?
Jo Ann Olsen: We get those from the County. '
Councilman Boyt: Doesn't the County cane around and pick those up? Who picks
those up?
Jo Ann Olsen: The haulers. At least this year they did.
Councilman Boyt: Well that wasn't true last year.
Jo Ann Olsen: Last year we had BFI pick up a portion of the city. ,
Councilman Boyt: And they carried them all out to the landfill, to the compost
and opened the bags and dumped the leaves there?
Jo Ann Olsen: Right.
Councilman Boyt: So this year's going to be different?
Jo Ann Olsen: Yeah, it has to be taken to the compost facilities. They cannot
be mixed with garbage. '
Councilman Boyt: Who's picking it up this year?
Jo Ann Olsen: This year? You mean this fall? '
Councilman Boyt: Well, last year the County arranged for the pick-up.
Jo Ann Olsen: With BFI. The years before, we did it through our public works '
department.
Councilman Boyt: So who's doing it this year? '
Jo Ann Olsen: Are you talking next year?
Councilman Boyt: This year. Right now.
Jo Ann Olsen: With the haulers. Carver County contacted all the haulers in
Chanhassen and said, there's a compost facility open that you can take grass
clippings, leaves to and only a few of the haulers provided that service.
Councilman Boyt: So we didn't provide that this year?
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/I City Council Meeting - November 20, 1989
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Jo Ann Olsen: No.
IIILMayor Chmiel: Put them in your own compost pile.
Councilman Bout: I could use more leaves by the way.
I Mayor Chmiel: Everyone hear that? TV audience. Can we have your address
Bill?
I Councilman Workman: The reason I didn't have a whole lot of comments is because
this is one of those issues, I don't think we're going to be fighting to make
the first and final reading. Just a lot of really tough decisions and I too
II want to say that the recycling committee has a tough job and thanks for making
it less tough for us. I guess I'm curious as to what will happen if we force
haulers in the city to go into the recycling business. I was talking to Mr.
Lano in the back row. When I think of garbage I think of Gary Lano. I grew up
Iwith Gary Lano. y
Councilman Johnson: You're in rare form tonight.
ICouncilman Workman: Probably the best fullback the Hawks have ever had too.
That's, talk about taking a simple little machine out of somebody's business and
my God we're throwing their ledgers out of whack try buying one of those
I recycling trucks. I would think, that's a major deal so I like the free market
idea. There's no way that we should allow only 4 haulers but gee, that's maybe
all we'll get. So that issue is confounding me a little bit. But then Bill
II makes sane good points as far as the City having a little bit of control over
II s it. Receiving funding, etc. in contracting for that. While we have control
over it, I've seen in the past year that the recycling contract really, and I've
said this before, isn't a contract anyway. The way it goes up and down. Rarely
IIdown but up and up and up and it's really not a contract at all. What was bid
really didn't matter anyway I don't think. So I don't have,any solutions
and I just, I don't even see where the Council's leaning.
ICouncilman Johnson: I think what's happened to Eden Prairie, they've done this,
the rates actually- didn't go up there. They will eventually and they're in
1 Hennepin County so their rates are a lot higher than ours but ours are going to
go up. That's one point I wanted to make earlier that I didn't make is that
when the Carver and Scott County composting facility gets built and all of our
I garbage has to go to the Carver/Scott County composting facility, you'll see
everybody's garbage bills in this County double. Everybody better be ready to
acknowledge that and the recycling is the only way to keep that from'tripling.
Right now I think this is one spot where the free enterprise system may work
I better than government trying to run a business. This is where business may do
it more competitively than what we will. I don't think we right now the City
needs to add more staff to run another utility. I would hope that we could do
1 it through the haulers with our present staff but if we started doing our own,
contracting for our own, that would be another quarter of a person or half a
person to add to staff and I don't think that we need to add sane personnel to
staff right now. So I'm in favor at this point of going the way the committee
Irem-mends.
Mayor Chmiel: So am I. Jo Ann, maybe you best explain total number of haulers
IIthat we have presently picking up within the city and eventually when that
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City Council Meeting - November 20, 1989 !TI
breaks down, be only 4 haulers within the city. The 16 haulers can haul from
now until eternity.
Jo Ann Olsen: Well currently there's closer to 9 or 10 haulers that do pick-up
residential and the way the ordinance is written right now, yes. Whoever's
there can continue to haul in Chanhassen. If they choose to leave, then it
would prevent them from coming back in or new people from entering the city
until it's reduced to 4 or below 4. The whole reason that that was added into
that was to try to reduce the number of haulers. The number of trucks entering
the streets although the committee did want that removed. They agreed that it
should be left open. That we should limit it to 4.
Councilwoman Dinner: So you're saying to remove (c) from Section 2?
Jo Ann Olsen: Right. So that option would not really be, one of the pros is
that it would be removing the number of trucks on the city streets so that would
not be doing it anymore.
Councilman Johnson: One of the reasonings behind removing that is that it's a '
recycling committee and not a garbage committee in that if we want to consider
overall garbage in the city, that should be a separate action. We tried to
separate the issues to where we didn't confound the recycling issue with an
overall garbage issue. That was my point. I was one of the people trying to
get rid of that section. I do see at some time that it would be better, I would
love to have only one garbage truck and one recycling truck come down my street. 11 Now I'm sure I have at least 5. It seems like every other person on the street
has a different garbage man. I'd like to see that somehow organized but in the
timeframe we're working with, we want to get the recycling straighten out and
not try to confuse the issues with the rest of it. This is a viable thing to
look at in the future as to making things more efficient in the city. Maybe
look at how the city of Champlin has their garbage collection, utility run. The
haulers got together, formed a company. All the existing haulers in the city
formed a company that became the Champlin Refuse Company or something. I'm not
sure what the name of it is and then they all had their piece of the action. As
the City grew, their business grew. But it did restrict competition and there's
a lot of issues that we didn't want to get involved in this recycling issue so
we said just drop (c) and let's just do recycling right now. If we want to get
involved in those, we'll do those next year.
Mayor Cgmiel: Okay, as I was all gung ho when we started this recycling, I made
some statements at that particular time about the committee. I said they were
innovative. They took the time and they worked every Tuesday for hours on end.
They took all the time that was needed to really sit down and workout a,
solution. I really applaud them because they really did a fantastic job. You
really did. It was sort of neat to be part of it with Jay and I both working
with you on the committee. I too am going to go along with recommendations of
the committee and that being that we require all licensed haulers in Chanhassen
to provide the curbside collection on those recycleables. All I've got to say
is, good show. am the rest of than as well. Any other further discussion?
Councilman Boyt: Yes. I didn't see it in the staff report but in one of the
reports to the committee that 4 of the existing haulers said they wouldn't be
able to do this. Is that still true?
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City Council Meeting - November 20, 1989
Mayor Chmiel: No, I think all of them indicated that evening that we were there
that they're all...
' Jo Ann Olsen: There was one hauler who said he would have a difficult time
doing it but actually he didn't say that it would prevent him. He actually
didn't say that he'd stop working in Chanhassen. I don't know where you saw
that there were 4.
Councilman Boyt: I don't know either. So, what you're telling me is that these
11 9 to 10 active haulers can all do this if we ask them to do it independently?
Jo Ann Olsen: They've been well informed. We've been having them involved the
whole time to get their input. None of them have said that we would leave
Chanhassen. They were all given the packet tonight. I can't say that for a
fact none would leave but I haven't heard that as an objection.
Councilman Boyt: And the rest of the Council's assured me that County funding
is going to be there which ever way we go there.
Jo Ann Olsen: Can I answer that a little bit?
Mayor ChRiel: If we know that they're even going to get the money.
Jo Ann Olsen: I did talk with Mike Lien about that, explaining that if we did
have the direct billing we would be able to show how much money we're spending
and if we do have the haulers because I brought up the same point that you
brought up. Because we're already having a difficult time receiving funds.
They said that we would still, what they're doing is looking at how much it
would cost if they would have to provide the 1 per month pick-up because that's
what they have to do at the very least starting in October. They still, even if
we had the direct billing, they're not guaranteeing money. We're not in any
worse position to receive money or any better position to receive money. I
don't think that that should be a deciding factor.
Councilman Boyt: Alright. So it doesn't make any difference?
Jo Ann Olsen: It doesn't make a difference.
Councilman Boyt: And the sense is, or the sense of staff is this negotiation
issue. How do we deal with that? Are we going to do anything to help these
' people find sources? I know that eventually Hennepin County's going to do that.
Is Carver County going to do that? How axe we going to help these .
independents?
Mayor Qmiel: For the market is what you're saying?
Councilman Boyt: If one thing will force them out of the garbage business
altogether, it's when mountains of newspapers pile up and they can't find a
place to put them.
Mayor Qmiel: Waldorf has just expanded their facility to require, double the
amount that they have taken previously which means it would be very unlikely
that there's going to be another glut of paper.
1
29
City Council Meeting - November 20; 1989 mji
'-
Councilman Boyt: Well when we go from 25% participation to 60% participation,
it will be, the newspaper will be absolutely amazing.
Mayor Cgmiel: True. Carver County is also sitting there, from their standpoint
of being able to shred that and use that for animals in barns and so on as they
do the straw. So there's another back-up for that paper. To bale it as such.
Councilman Boyt: Your sense is, this isn't an issue? '
Mayor Chmiel: No, I don't think so right now.
Councilman Boyt: I gather then that it would be the Council's commitment to
devote same staff time to solving this problem if it becomes a problem?
Mayor Cimiel: I think so. '
Councilman Boyt: Then my last issue, as you solve these dilemmas it's of course
easier to vote for the plan that the study group recommends, is I'd like to see
something drafted so at least we have the ability to treat this as a utility if
we choose to in the future. Would the Council support the staff encouraging
that action?
Councilwoman Dialer: Do I understand this correctly, we'd have to be 100,000?
Councilman Boyt: Well right now but if Kelso and Schmitz would introduce a '
state statute that would allow cities of our size to do this.
Mayor Cirdel: What benefit would it be for the City Bill?
Councilman Boyt: Well because then we would have, should we choose, like
Minneapolis, St. Paul, Bloomington, to collect garbage as a municipality, we'd
have the ability to do that. Right now we don't. Well, we do but it's much
more awkward. ..
Councilman Workman: But if people don't pay for their sewer and water bills, we '
can't even turn off their water.
Councilman Boyt: Well we go through once a year where we, what do we call
that?
Roger Knutson: We certify the delinquent water bills to the County. I think
it's twice a year now Don is saying.
Councilwoman Dialer: Do they get assessed?
Roger Knutson: Yeah.
Councilman Boyt: It goes against their property taxes. ,
Roger Knutson: And if you don't pay that, you lose your property.
Don Ashworth: But if I hear Roger correctly, that hasn't really been litigated
as to whether or not picking up recycleables could be treated as garbage and
•
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30
City Council Meeting - November 20, 1989 P.
f
ro
therefore legally put as a delinquent collection along with property taxes.
Correct?
Councilman Johnson: But you can do it for garbage?
Roger Knutson: For garbage you can, yes.
' Councilman Johnson: Our city can't.
Roger Knutson: Yes. Your city can.
Councilman Johnson: And first class cities can do it for recycleables as a
utility?
' Roger Knutson: They're two different things we're talking about. What
Minneapolis can do is it can say, we treat collecting recycleables the same way
as a utility and all our utilities under the statute can be treated as one and
one of your utilities is water. So the city of Minneapolis, when you don't pay
your garbage bill or your recycling bill, they can pick up the phone and say,
unless you pay your bill by a week from tomorrow, we're turning off your water.
That gets people's attention and they usually pay it. •
Mayor Chmiel: I think if we look at it from the standpoint of wanting to get
' back into that business, then we can make an ordinance change in that as well.
Councilman Boyt: Well it has nothing to do with an ordinance. It's a State
Statute and if they don't give us the authority to do that, we can't.
Mayor Chniel: You don't have the authority.
Councilman Boyt: Now we don't. What I'm asking is for support to seek that
authority.
Councilman Johnson: I would support any legislation of that nature and I'd like
to say that if we can keep this thing moving, I'd just say I'd like to move
approval of the haulers doing it with item 2(c) removed and that the Council
support any legislative action to allow a city of our size to have recycling as
a utility.
Councilman Workman: And I second it.
Councilwoman Dimler: I think I'd rather wait to see what the legislature is
going to come forth and propose and then deal with that at that time.*
Councilman Boyt: What we're trying to do is shake that legislation. Send a
signal to than that this is a tool that we could use.
Councilwoman Dimler: I don't know if we as a Council want to do that now. I
think as an individual if we call then and tell them the direction we wanted to
go.
Councilman Johnson: not? can't we have the same rights as Minneapolis
I r. Why not. Why can and Bloomington? Sure we're a little but we're just as We're
le smaller t g s good. We re
better.
31
City Council Meeting - November 20, 1989
R'
Mayor Chmiel: We're probably better.
Councilwoman Dimler: I said that earlier. We're first class.
Mayor Chmiel: I'm not sure where it's really going. I just don't like seeing
us making sate kind of a motion as such.
Councilwoman Dimler: Just the third part of it. I like your other two parts.
Mayor Clmiel: Yeah, I like that too but it just doesn't set well with me right
now because I don't know...
Councilwoman Dimler: We don't know what direction they're going to take. i
Mayor Chmiel: And would we be satisfied with it?
Councilman Johnson: Specifically it's just as a start if any legislation that '
would give us the same rights for making recycling a utility within this city.
Councilwoman Dimler: But that's not the direction we may want to go in the
future. I'm just saying, if and when we want to go in that direction, we'll
still have that avenue available.
Councilman Johnson: Sale other town might want to and I'd like to support that I
town. It doesn't say we have to make it a utility. Nobody can tell us we have
to make recycling a utility. Well, they could. Actually the legislation could
say that all towns must have recycling as a utility. That could be something
that would go. I wouldn't support that.
Mayor Criiel: I guess I don't want to make it anymore cumbersome than it is
right now either.
Councilman Johnson: Well we'll simplify it like I said. Item (c) simplifies
it. If it's going to be complicated with my third part there, I'll drop that ,
if my second will drop that.
Councilman Workman: Yes. '
Councilman Johnson: Then we'll have to do it individually.
Councilwoman Dimler: Okay, so the motion is? I
•
Councilman Johnson: The motion will be then to accept the committee's
recommendation including the dropping of item 2(c) . I
Roger Knutson: That's the first reading?
Councilman Johnson: As a first reading. ,
Councilman Johnson moved, Councilman Workman seconded to approve requiring all
licensed haulers in the City of Chanhassen to provide curbside collection of
recycleables and deleting item 2(c) from Chapter 16 of the City Code concerning
solid waste. All voted in favor and the motion carried.
32
ICity Council Meeting - November 20, 1989
Iri Councilman Johnson: Now somebody said they had same comments. Generally
second
readings come up on a consent agenda. Make sure the staff gets those comments
right away so that if there's something significant, there will be changes to
it, then they'll be something other than a consent agenda, we'll have to talk
aobut it.
Victor Hallberg: Just one final comment. We are going to meet on a week from
tomorrow night, the Recycling Commission so we'd certainly welcome same
additional input if you want to came and give us same input on the ordinance
itself, we can address it at that time. If anything significant comes up, we'll
channel it back this way. The second thing is that I'm personally interested in
this idea of the State mandate so I will make a call to Councilman Schnitz and
1 see what I can dig out of there and channel that information through the
commission because I think it should not be a stone left unturned at this point.
Councilman Johnson: I think most of us will be in Atlanta at the National
t League of Cities Conference next week.
11 AWARD OF BIDS: 1989 SEWER REHABILITATION PROGRAM.
Gary Warren: The bids were opened Friday. This is the bid tabulation.
Schurcon, Inc. $117,544.00
0 & P Contracting, Inc. $122,291.00
S.M. Hentges & Sons, Inc. $131,160.00
F.F. Jedlicki, Inc. $132,027.00
J.P. Norex, Inc. $138,106.66
G.L. Contracting, Inc. $159,497.46
Engineer's Estimate $124,984.00
We were very fortunate. I think we had a very good biddin¢ climate. The
engineer's estimate actually had misquoted, I had said in the staff report at
$118,000.00. Actually we had an addition just before the bid documents went out
which put it at $125,000.00 and as you see in the material that I just handed
out, the low bidder is Schurcon. I believe they're located in Maplewood.
$117,544.00. If you throw out G.L. Contracting who was out of the ballpark
there, the rest of them are grouped within an 18% range and we feel very
comfortable with the bid and also with the subcontractor list that they're
11 showing.
Mayor Chmiel: Schurcon Incorporated. Have you had any, have we had any
dealings with them previously?
Gary Warren: We haven't had any personal dealings with them. Talked with John
Horn today. He has talked to their President and Vice President and apparently
they're a more recent corporation here in the last few years but the individuals
have extensive background in construction. They would be responsible for the
sewer repair and rebuilding portion as you would see on the subcontractors list.
Visu Sewer and Solidification, whichever way they go there, I'm very experienced
' t with both those firms from the testing and sealing standpoint and they're very
qualified. Similarly REO Construction.
33
N,
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
Attorneys at Law
J.Ca
Thoma s J Campbell
Roger N. Knutson (612)456-9539
Thomas M. Scott Facsimile (612)456-9542 I
Gary G. Fuchs
James R. Walston
Elliott B.Knetsch
Dennis J. Unger
November 29, 1989
VIA FACSIMILE TRANSMISSION
Ms. Jo Ann Olsen
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317 I
RE: Solid Waste
Dear Jo Ann:
Enclosed please find revised ordinance concerning solid
waste. Changes from previous draft dated 11 /21 /89 are in Section
2(B) , Section 3(B) , the deletion of Section 3(E) and relettering
of subsequent paragraphs, and in new Section 3 (E) and 3 (F) .
Very truly yours, 11
CAMPBELL, KNUTSON, SCOTT
& FUCHS, P.A.
BY: 4 .2.:J2A.) ' _ 4 _am
Rog4 . Knut -n J
RNK: 7
Enc re
1
1
NOV 30 1989
CITY OF CHANHASSEN I
Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 1
1
II
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
' ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 16 OF THE
CHANHASSEN CITY CODE CONCERNING SOLID WASTE
The City Council of the City of Chanhassen ordains:
Section 1. Section 16-1 of the Chanhassen City Code is
' amended by adding the following definitions:
"'Collection', means the aggregation of mixed municipal solid
waste from the place at which it is generated and includes
all activities up to the time the waste is delivered to a
waste facility.
',Commingled (e.g. , dumpster-type) Residential Collection',
means collection from any building consisting of more than
one dwelling unit wherein each unit has an individual
kitchen and wherein the mixed municipal solid waste of each
unit is mixed with the waste of other units prior to the
collection efforts of licensed haulers.
',Construction Debris,' means waste building materials,
packaging and rubble resulting from construction,
remodeling, repair, and demolition of buildings and roads.
' ',Generator,' means any person who produces or causes the
production of mixed municipal solid waste
' ',Individual (e.g. , curbside) Residential Collection,' means
collection from any building consisting of one or more
dwelling units wherein each unit has an individual kitchen
and wherein the mixed municipal solid waste of each unit is
separately collected by licensed haulers.
',Mixed Municipal Solid Waste', means garbage, refuse, and
other solid waste from residential, commercial, industrial,
and community activities which is generated and collected in
aggregate, but excluding auto hulks or large auto parts,
street sweepings, ash, construction debris, mining waste,
sludges, household hazardous waste, tree and agricultural
wastes, tires, lead acid batteries, used oil, yard waste,
and other materials collected, processed, and disposed of as
separate waste streams.
' "Recyclables" means materials which can be separated from
the mixed municipal solid waste stream for collection and
preparation for reuse in their original form, or for other
uses in manufacturing processes that do not cause the
fr11 /29/89
destruction of the recyclable materials in a manner that
precludes further use.
"Special Pick-up" means any collection of materials other '
than garbage, refuse, recyclables or yard waste, including
white goods (e.g. , large appliances) , furniture, oversized
materials, construction debris, and other materials
collected, processed, and disposed of as separate waste
streams.
"Targeted Recyclables" means metal beverage containers, '
glass containers, newsprint, or other materials that may be
designated by Resolution of the City Council.
"Yard paste" means organic materials consisting of grass
clippings, leaves and other forms of organic garden waste,
but excluding bushes, fibrous brush, woody materials, or
other materials that are not readily compostible within a
calendar year.
Section 2. Section 16-31 of the Chanhassen City Code is I
amended to read:
(A) No person shall haul mixed municipal solid waste or
recyclables collected in the City without first securing a
license from the City.
(B) The license shall be valid for one calendar year and
shall expire on December 31 of each year unless revoked sooner.
(C) An applicant for a license shall make application to
the City Manager through forms and procedures prescribed by the
City Manager.
(D) The annual license fee shall be established by 1
Resolution of the City Council.
(E) The City Manager shall issue licenses only after '
receipt and review of all required forms and fees. Upon review of
the documents submitted, the City Manager shall issue a license
if the documents comply with the provisions of this Article. An
applicant denied a license by the City Manager may. have;the
decision reviewed by the City Council. The applicant shall
request review by the City Council in writing ten (10) days after
denial of the license.
(F) The license requirements of this Article shall not
apply to persons who haul garbage, refuse, or recyclables from '
their own residences or business properties, provided that the
following conditions are met:
1. Garbage is hauled in containers equipped with 1
tight-fitting covers and which are also watertight
on all sides and the bottom;
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2. Refuse and recyclables are hauled in a manner that
prevents leakage or any possibility of a loss of
cargo;
3. Garbage and refuse is only dumped or unloaded at
designated sanitary landfills or other facilities
authorized by Carver County;
4. Recyclables are only dumped or unloaded at a
recycling facility, an organized recycling drive,
or through licensed collectors;
5. Yard waste is privately composted, or is only
dumped or unloaded at a composting facility
authorized by Carver County, or through a licensed
collector.
' Section 3. Section 16-33 of the Chanhassen City Code is
amended to read:
A licensed collector must comply with the following requirements.
Failure to observe these provisions may be a basis for suspension
or revocation of a license:
' (A) The licensee shall operate in a manner consistent with
its application materials and shall provide notice to the City
' within ten (10) days of any change in the information.
(B) No collection of mixed municipal solid waste or
recyclable materials shall be made except between the hours of
' 6:30 a.m. and 6:00 p.m. , Monday through Friday. Operations during
these hours may also be conducted on Saturday, to accommodate
recognized national holidays or a special pick-up. No collection
1 of yard waste shall be made except between the hours of 6:30 a.m.
and 6:00 p.m. , Monday through Saturday. Customers shall be
reasonably notified of the specific day and hours for the
11 and/or of their yard waste, mixed municipal solid waste
and/or recyclables and the licensee shall collect the materials
within those time periods.
(C) Each licensed collector shall only use vehicles and
equipment so constructed that the contents will not leak or
spill. The vehicles and equipment shall also be kept clean and as
free from offensive odors as possible, and shall not stand in any
street, alley, or public place longer than is reasonably
necessary to collect mixed municipal solid waste, yard waste,
and/or recyclables. The licensee shall also ensure that the
collection site is left tidy and free of litter.
(D) Each licensed collector shall provide its customers
with an opportunity to recycle through the weekly curbside
collection of targeted recyclables. The curbside collection of
targeted recyclables shall be on the same day as the collection
of the customer's mixed municipal solid waste, but may occur at a
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different time within that day. The targeted recyclables I
collection shall be from a location at or near the customer's
mixed municipal solid waste collection site, or such other
location mutually agreeable to the hauler and the customer. The
licensee may specify how a customer is to place and prepare their
targeted recyclables for collection. The licensee is also deemed
the owner of the recyclables and upon collection, the licensee
may market them. Nothing herein shall be construed to prevent a
licensee from offering curbside collection for other recyclable
materials, in addition to the targeted recyclables.
(E) Each licensee shall submit a quarterly report to the
City of the weight, in tons, of mixed recyclables collected by
the licensee in Chanhassen. The report shall be provided on or _
before the twentieth day of the month following the close of the
quarter and shall be on a form provided by the City. The report
shall also identify the estimated weight of each type of
collected recyclable, distinguish residential collection tonnage
from commercial/industrial tonnage, and describe how the weights
were calculated. Upon written notice to the licensee, the City
may require similar reports on other materials picked up by the 1
licensee.
(F) Licensed mixed municipal solid waste haulers may not
charge their customers a flat fee rate. To the extent possible,
charges shall be based upon the volume or weight of mixed
municipal solid waste that is collected.
Section 4. Section 16-35 of the Chanhassen City Code is
amended to read:
Suspension or Revocation of License. Upon the recommen- '
dation of the City Manager, the City Council may suspend or
revoke the license of any person whose conduct is found to
be in violation of the provisions of this Chapter.
Suspension or revocation may also be based on other health,
safety, and welfare concerns arising out of the performance
of the licensee, its employees and agents, and/or its
vehicles and equipment. Revocation or suspension of a
license by the Council shall be preceded by a public hearing
conducted in accordance with Minnesota Statutes Sections
14.57 to 1470. The City Council may appoint a, hearing
examiner or may conduct a hearing itself. The hearing notice
shall be given at least ten (10) days prior to the hearing,
include notice of the time and place of the hearing, and
shall state the nature of the charges against the licensee.
Section 5. The Chanhassen City Code is amended by adding
Section 16-36 to read:
Sec. 16-36. It is unlawful for any person or business to
scavenge, collect, or otherwise remove mixed municipal solid
waste, recyclables, or yard waste that has been placed at the
curb or in recycling containers, without a license from the City
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ism
and an account relationship with the owner, lessee, or occupant
of the premises.
Section 6. The Chanhassen City Code is amended by adding
Section 16-37 to read:
Sec. 16-37. No collector licensed pursuant to this Chapter shall
acquire a vested right in the license. The City may, upon finding
that public necessity requires, determine to establish other
means of refuse collection.
Section 7. The Chanhassen City Code is amended by adding
Section 16-38 to read:
Sec. 16-38. Additional recyclable materials may be designated as
targeted recyclables by Resolution of the City Council after the
effective date of this Chapter. The designation process will be .„
as follows:
' (A) Each licensed collector shall be given 120 days written
notice of proposed additions to the list of targeted recyclables.
The notice will specifically describe the material(s) proposed
for addition and also described how the addition might affect the
duties and obligations of a licensee.
(B) Each licensed collector shall also be given written
' notice at least ten (10) days in advance of the time and date of
the City Council meeting that will consider the proposed addition
to the list of the targeted recyclables.
(C) Notice shall be deemed given by mail, to the address
provided on the most recent license application or renewal form.
' Section 8. This ordinance shall be effective ninety (90)
days after its passage and publication.
' PASSED AND ADOPTED by the Chanhassen City Council this
day of , 1989.
ATTEST:
1
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1989. )
1
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