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EQE 11/09/2010 - 29870CALL TO ORDER D�aft Minutes ENVIRONMENTAL QUALITY AND ENERGY COMMISSION FRIDLEY MUNICIPAL CENTER, 643� UNIVERSITY AVE NE TUESDAY, NOVEMBER og, zo�o, 6:0o P.M. MINUTES Chairperson Velin called the meeting to order at 6:08 p.m. ROLL CALL Members Present Members Absent: Others Present: Anne Andrews, Tina Nelson, Rich Svanda, 7ack Velin, Paul Westby Barb Johns Rachel Harris, Environmental Planner Julie Jones, Planning Manager Bill Burns, City Manager Scott Lund, Fridley Mayor Dolores Varichak, City Council Jim Saefke, City Council Mike Berkopec, Ace Solid Waste Audience Members: Norm Schiferl, Ramsey County Program Analyst 7ean Buckley, Ramsey County Environmental Health Michael Baye, Ace Solid Waste Rich Baker, Golden Valley Environment Commission NEW BUSINESS Doug Carnival, NSWNIA, Attorney Rich Hirstein, Allied Waste Julie Ketchum, Waste Management, Government Affairs George Walter, Walter's Luke Reisdorf, Crystal Planner, Environment Commission Liaison Anne Norris, Crystal City Manager/Staff to Environmental Quality Commission Sig Scheurle, NIl'CA Panel Discussion Part 5: Hauler's Perspective on Organized Garbage Collection Dr. Bill Burns, Fridley City Manager, introduced Part 5 of the panel discussion. This is the fifth meeting in a series of at least six. Each meeting is the same format with a 90 minute panel discussion. Only the topic changed from meeting to meeting and for this meeting we will hear from the solid waste haulers who are licensed to serve Fridley's residential customers. Those companies are Ace Solid Waste, Allied Waste, Walter's and Waste Management and each has a representative here to provide comments for the panel discussion. Dr. Burns said each will be invited to comment and give position statements while he facilitates the discussion. Page 1 of 10 D�aft Minutes Dr. Burns mentioned the previous panel discussion topics to bring the audience up to date. In April, we addressed benefits and challenges of implementing a city-wide organized garbage collection with Mr. Sig Scheurle, MPCA. In May, we continued the discussion on the benefits and challenges of implementing a city-wide organized garbage collection with Fritz Knaak, City Attorney. In July, we learned about the experience of other communities, Columbia Heights, Blaine and Robbinsdale, which have organized trash hauling systems. Most recently, in September, we heard about the impacts on streets as per a report by Foth Infrastructure and Environmental and research conducted by Darrick Zarling, a University of Minnesota diesel fuels researcher. Dr. Burns mentioned the remaining topic. On January 11, or March 8, 2011, the Fridley Environmental Quality and Energy Commission will have the opportunity to review the year-long study, provide comments, and state positions. Dr. Burns then reviewed the outline for the meeting and began the open and organized collection systems. Mr. Doug Carnival, Attorney for the Minnesota Chapter of the National Solid Waste Management Association, said he will speak on behalf of the haulers at tonight's meeting. He has served in this capacity for 10-15 years. Mr. Carnival added that the Twin Cities haulers are not in favor of organized hauling and consider it "government managed" hauling. Most Minnesota cities have open hauling systems, where residents choose to hire a contractor from a list of licensed companies. Mr. Carnival said he is not aware of any cities that switched from open to organized hauling. There are 18 to 19 cities that have considered it. One city, St. Paul, has switched from organized to open hauling. Mr. Mike Berkopec, Ace Solid Waste, described the company he works for and represents. It began in 1955 and now has 80,000 customers. Most of his customers are subscription service which is the same as open hauling. That means they have a one on one relationship with Ace. He's concerned that his business will lose customers and revenue if the city switches to organized garbage hauling. He thinks that his business should receive compensation for lost business. Ms. 7ulie Ketchum, Government Affairs for Waste Management, described the company. It is a national company with franchising and open hauling customers. They are observing what Fridley is doing and will respond to what the City or the individual customer needs. Presently, the company is going through restructuring with sales Mr. George Walter of Walter's Recycling said he is worried about lost business opportunities if Fridley were to switch from open hauling to organized hauling. Mr. Rich Hirstein, Midwest Sales Manager and Government Affairs for Allied Waste, said the company started in 1958 in Eden Prairie. Generally, their company shares the concerns of fellow haulers and is worried about lost business opportunities. Since Allied Waste currently holds a Page 2 of 10 D�aft Minutes waste removal recycling contract in the city, he respectfully requests to remain a member of the audience. Mayor Lund said the current trash collecting model works for haulers, not for Fridley residents. This series of panel discussions about trash hauling is citizen initiated. Resident comments have touched on the following themes. There has been unfair price fluctuation between haulers. There's wear and tear on roads by garbage haulers. He recognizes they are not the only vehicles wearing out the streets. People are thinking more about green, both environment and money, and they want less air and noise pollution. Residents also have traffic concerns. Mr. Rich Baker, City of Golden Valley Environmental Commissioner, asked the haulers to consider the resident comments raised by the Mayor since Golden Valley residents have similar concerns. Mr. Paul Westby said it comes down to economics. How do we as a city and residents achieve best value if not by organized collection? Mr. Carnival thinks residents will oppose organized hauling if you hold a public hearing. In his experience, free enterprise system is working. He mentioned the cities of Prior Lake and Coon Rapids have held public hearings and had hundreds of residents protest. The price fluctuation is no different than any other business. He gave the example of gas at a gas station. If the resident is unhappy with a trash price, the resident can shop around. Mr. Berkopec has been talking with Mayor Lund for a year and he is ok with the current process. He does have a bias for his business, Ace Solid Waste, as it does special things for customers. The residents must weigh freedom of choice. Dr. Burns said of the trash service customers in Minnesota, 70% have open hauling trash service and 30% have organized hauling. Proportionately, Minnesota is an anomaly compared to other states. Nationally it is the opposite with 70% receiving organized hauling and 30% receiving open hauling. Mr. Reisdorf, Crystal Planner and Environment Commission Liaison, said the free market is about citizens joining collectively to seek better price. In this case, citizens leverage their collective purchasing power to seek favorable pricing and services from garbage haulers. Mr. Carnival said in open hauling systems the residents have more power since there is not a monopoly. This system has no litter, no illegal dumping, no administrative overhead and residents are not locked in with one provider. Dr. Burns introduced the ne�t section: advantages and disadvantages of organized refuse hauling. Mr. Berkopec said a benefit of organized refuse hauling is that no one customer is treated the same. Ms. Ketchum said it's possible to find studies in support and opposition of organized collection systems. It really depends on what the city wants to do. The city needs to consider what types of services it wants to provide. Page 3 of 10 D�aft Minutes Dr. Burns mentioned that Waste Management is the hauler at his townhome association and that is an example of an organized collection system. Ms. Andrews said the first time she had to choose a refuse hauler was when she moved to Fridley and it was important to her because this was the first time she had a choice. Mr. Schiferl said residential recycling has many cities that have organized recycling collection. In 25 years, he has not ever heard people complaining about organized recycling hauling. Mr. Carnival said recycling began in cities in 1980 and started as a city service. Recycling has become an institution of city service. Garbage service has been around much longer. Ms. Julie Jones said that there is an advantage to organized collection as it would ensure that the 10% of Fridley residents that do not have garbage service would need to obtain garbage service. Ms. Jean Buckley said that in her former capacity as recycling coordinator at the City of Bloomington, there was an open hauling system and as many as 25% of the households did not have garbage service. Dr. Burns introduced the ne�t topic of the hauler's view of the legal processes as they relate to establishing an organized collection system. Mr. Carnival said the haulers perspective on legal process is that a public hearing is the first step. Ne�t, the city would have to pass a resolution of intent to organize (will commit to organized collection). Mr. Sig Scheurle, MPCA, asked if Fritz [Knaak, Fridley City Attorney] said there were alternatives to State Law section 115. Dr. Burns thinks he did and he has thought about finding a way to bring issues to the voters. Dr. Burns introduced the ne�t topic. We'll discusss comparative costs of trash service. Mr. Carnival compares layers of the administration for organized collection. There is the city staff time to administer the program and the trash haulers' administrative time. With open hauling, there is one layer of administration by the trash haulers. Mayor Lund said there is still an element of city administration with open hauling because we get phone calls from dissatisfied residents. Mr. Carnival said if you get calls from residents, we want to know about it. Ms. Ketchum said in figuring costs, there are life cycle costs and a long list of services to compare. Mr. Baye of ACE Solid Waste said organized system reduces specialized services. Page 4 of 10 D�aft Minutes Mr. Burns said residents in the neighboring communities of Blaine, Columbia Heights, and Robbinsdale, that have organized garbage collection still have options to call in and receive special service. Ms. Andrews asked how much trash haulers here provide open compared to organized trash systems. Ms. Ketchum said Waste Management has 50% open hauling customers and 50% organized hauling service. Both refuse collection and recycling service are included in these figures. Mr. Lundstrom, Environmental Coordinator in Golden Valley, said they have one version of organized hauling. Their recycling service provider is excellent at picking up late set outs and is responsive to customer needs. Ms. Rachel Harris said Fridley has comparable organized recycling service to Golden Valley; and Allied Waste has very responsive staff. Dr. Burns introduced the ne�t topic of environmental impacts of the two systems from the hauler's perspective. He asked that the haulers on the panel speak about impact on air quality, impacts on City streets, and noise and traffic safety impacts. Mr. Carnival said haulers using state of the art equipment to improve air quality. 7ulie Ketchum is on the Minnesota Climate Change Advisory Group (MCCAG). Waste and garbage processing produces 4% of Minnesota's greenhouse gas emissions. MCCAG noted that the biggest segment of polluters is single occupant vehicles. There are refuse hauling trucks in California using compressed natural gas. The garbage industry considers whether to do everything within our power to address the climate change or whether we should focus on the biggest segment of the polluters — single occupant vehicles? Mr. Schuerle asked if there is any innovation with making trucks lighter. Mr. Walter said there are new metals used in trucks. For example, aluminum is used in trucks to reduce axel weight. Mr. Berkopec said side loaders and diesel trucks are recent industry innovations. Ms. Ketchum said benefits to organized recycling collection include every other week collection, single sort recycling collection, and protection of worker health. Also, the industry is constantly innovating. Mr. Carnival mentioned that several factors affect street impact: axel weight, trucks getting lighter, and regarding garbage trucks are causing wear and tear, there is no proof. Weather is the biggest factor. Mr. Burns introduced the ne�t section about the haulers' perspective on working together with the city. Page 5 of 10 D�aft Minutes Mr. Carnival said tell us how we can work together. We can give you the company managers' phone numbers. We can give you education. Mr. Burns asked what if we asked haulers to put our information, such as winter can placement, on their website? Mr. Berkopec said we have talked to our drivers about garbage can placement in the winter. Mr. Baker asked if open hauling can achieve the same points raised by the Mayor? These topics included reduced wear and tear, lower price, traffic concerns, air and noise pollution. Mayor Lund has observed that when other cities approached the organized collection topic the haulers had an excellent rallying of the troops to oppose the organized collection. Mr. Carnival replied we want to work together to resolve your concerns. Mr. Walter said his company offers value and dedicated customer service. For example, his staff has washed out garbage carts for residents. Mr. Berkopec said he understands where Mayor Lund is coming from when representing the residents' concerns, but thinks residents want to keep the system the way it is. Mr. Burns concluded the panel discussion at 7:37 p.m. MINUTES Mr. Velin attempted to convene the remainder of the Environmental Quality and Energy Commission meeting as scheduled in Conference Room A, but another group was using the meeting room. The remainder of the Environmental Quality and Energy Commission meeting was therefore convened in Conference Room B. A member of the public, who is an applicant for the open Environmental Quality and Energy Commission seat, joined the meeting. Ms. Nelson asked a question before the minutes were introduced. She wondered if the haulers could vary the starting point at regular intervals on each garbage route to reduce wear on the same part of the roads. Ms. Harris appreciated the suggestion and would bring the idea forward. APPROVAL OF TUESDAY, SEPTEMBER 14, 2010, ENVIRONIVIENTAL QUALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. Svanda and seconded by Ms. Andrews to approve the September 14, 2010, Environmental Quality & Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VEL1N DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Velin introduced the other business. Page 6 of 10 D�aft Minutes OTHER BUSINESS/ANNOUNCEMENTS Approve 20ll Meeting Calendar Mr. Svanda and Mr. Westby approved meeting schedule. Mr. Velin asked if the schedule is this just for reference. Ms. Harris replied that it is for your information Anoka Conservation District Offers Trees for Sale Mr. Velin announced the Anoka Conservation District tree sale notice. Ms. Harris summarized the information that was in the packet. The trees for sale are bare root seedlings and may be purchased in bundles of ten for $15, or twenty-five for $27. A variety of trees, including native trees, are available. Orders will be accepted until April 14, 2011. To place an order, visit the www.AnokaSWD.org. For additional information about the sale, call Anoka Conservation District at 763-434-2030. Orders will be available for pickup on Apri130, 2011, at the Anoka County Fairgrounds between 8 a.m. and 1 p.m. Ms. Andrews asked when people should order. Do we order in April? Ms. Harris said it was better to order now, rather than later, to ensure best selection. STAFF REPORT Anoka County Integrated Waste Reviews County-wide Drop-off Services Ms. Harris reported that Anoka County Integrated Waste Management participated in a study in the fall of 2010 to examine service at its yard waste sites and household hazardous waste site. The study was done in advance of stricter Minnesota Pollution Control Agency (MPCA) requirements for green house gas reduction. Recycling and composting save energy and that is why NIPCA considers recycling as a means to reduce GHG emissions. Ms. Harris said that staff recognizes residents are committed to recycling bulky household materials, based on the popularity and attendance at recycling drop-off events, and a permanent, year-round facility would enable residents to recycle more. Ms. Harris reported that staff had prepared a draft resolution requesting that Anoka County conduct a cost/benefit analysis for a permanent county-wide recycling drop-off facility so that Fridley residents could enjoy the recycling benefits that the residents of Hennepin, Ramsey and Dakota counties receive. The idea for a resolution arose from County Commissioner Kordiak's fall study of the county-wide drop-off services. The draft resolution was mailed to you for your review with your packet. Page 7 of 10 D�aft Minutes Ms. Nelson asked for clarification about the location of yard waste county-wide drop-off site. Is the site different than the Anoka County Household Hazardous Waste site in Blaine? Ms. Harris said it was. The yard waste sites are located in Coon Rapids and Lino Lakes. Mr. Svanda saw an example of a drop-off site in Michigan, where a friend dropped off bulky items and curbside recyclables. The facility was really nice, really convenient and cheap. He would appreciate something for county residents. Mr. Velin reviewed the proposed resolution. Ms. Andrews requested further explanation of the type of materials typically brought to Fridley's "Recycling Drop-of�' events. Ms. Harris responded that Fridley's events include materials such as major appliances, electronics, tires, scrap metal, vehicle and rechargeable batteries, and fluorescent bulbs. After discussion, the EQE Commission amended the second "Whereas" statement from "WHEREAS, the City of Fridley supports efficiency in service delivery and convenient recycling services that promote waste reduction; and" to "WHEREAS, Fridley residents are committed to recycling items that are typically recycled at "Recycling Drop-offDays" such as electronics, major appliances, tires, fluorescent bulbs, scrap metal and vehicle and rechargeable batteries, as frequently as possible as proof by their willingness to wait in long lines and pay fees for service; and." APPROVAL OF A RESOLUTION ENCOURAGING ANOKA COUNTY 1NTEGRATED WASTE MANAGEMENT TO WORK WITH ALL OF ITS LOCAL GOVERNMENT LJNITS TO EXPLORE OPERATING A YEAR-ROUND, COUNTY-WIDE, CENTRALLY LOCATED RECYCLING DROP-OFF MOTION by Ms. Andrews and seconded by Mr. Svanda to approve the resolution encouraging Anoka County Integrated Waste Management to work with all of its local government units to explore operating a year-round, county-wide, centrally located recycling drop-off. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VEL1N DECLARED THE MOTION CARRIED UNANIMOUSLY. Mississippi River Corridor Critical Area: Rule rewriting process Ms. Harris gave an update on the Mississippi River Corridor Critical Area (MRCCA) rule making project that began in early 2010 and has been coordinated by the Minnesota Department of Natural Resources (DNR) for the 30 communities within the corridor. Ms. Harris gave background information. While the City of Fridley has long had protections in place to prevent over development of riverfront property, not all river communities have such protections. As a result, the 2009 Minnesota legislature authorized the Minnesota DNR to rewrite e�sting critical area rules that were adopted by the state 30 years earlier as Minnesota Executive Order 79-19. Page 8 of 10 D�aft Minutes Ms. Harris said the 72-mile critical area corridor e�tends from Dayton to Hastings. This section of the Mississippi River was also designated a National Park in 1988. Although the corridor has state and federal designations, the land use regulations are determined at the local level. Ms. Harris continued by stating the DNR began working with area river communities in March 2010 to update the law governing land development along the Mississippi River. Staff is involved with the rule making process to protect water quality and animal habitat while also protecting the rights of property owners living along the river. Ms. Andrews asked what land is included in the critical area. Ms. Harris described Fridley's critical area. It includes all parcels between the Mississippi River and East River Road. Ms. Andrews when Fridley adopted a critical area ordinance. Ms. Harris said Fridley did adopt a critical area plan based on Executive Order 79-19 and later updated it in 1993, since the Minnesota Executive Order 79-19 directed cities and townships along the corridor to develop plans and regulations for their stretch of the river corridor. Ms. Harris said fellow planners are reviewing the proposed rules and comparing them to the existing zoning code requirements to determine any possible discrepancies. Staff is working to prevent the creation of non-conforming properties. Staff is preparing to submit comments to the DNR in mid-December about the draft rules. Ms. Harris said the staffis in agreement with the proposed zones, but takes exception to three topics in the proposed rules. Building height, vegetative buffer and enforcement are concerns. Staff will make a request that policies don't hamper development. Ms. Harris said the future redevelopment area on Charles Street near the Islands of Peace Park. The DNR is proposing that the area be zoned for a ma�mum building height of 65 feet. Ms. Andrews asked about the current zoning height. Ms. Harris said 65 feet is the current maximum building height. The proposed rules meet the city's zoning; however, this area is a prime location for 10-12 story buildings should the housing market support an influx of condos again. Ms. Harris said the proposed Land Use Districts and Standards have the potential to regulate building height and reduce local land use and zoning control in the proposed future transit oriented district (TOD) redevelopment area. The proposed draft rule identifies the multi-family housing area south of 61gt Avenue as a maximum of 65 feet which meets current underlying zoning; however, staff requests the flexibility to develop at an increased density in this TOD area. Ms. Harris said that staff has additional comments on requiring a proposed 20 foot vegetative buffer set back from the bluf�line. The proposed Land Use Districts and Standards have the potential to regulate vegetative cover by requiring a 20 foot vegetative buffer setback from the bluff. Staff agrees with the proposed rules stating a reviewable action, such as a variance or Page 9 of 10 D�aft Minutes special use permit, triggers the requirement of a vegetative setback Staff opposes the "no mow" requirement, except on new development. Ms. Harris discussed the concern regarding enforcement. She said we cannot enforce existing rules prohibiting vegetation removal because state statutes limit access to the property's rear yard; an approved city ordinance is not sufficient. Staff will need a mechanism to gain lawful access to rear yards on private property to determine compliance with MRCCA. A building permit must be issued for staff to inspect property that is otherwise not visible from the public right of way. Mr. Svanda asked about the ne�t steps for getting the draft rules approved. Ms. Harris said the DNR will need to finish writing the proposed draft rules by the end of December 2010. Then the rules will be submitted to the DNR Commissioner, reviewed by an administrative law judge and then opened for public comment before submitting them to the governor. Ms. Harris said staffis preparing comments to submit by the workgroup's December 16, 2010, deadline for consideration in the rule writing process. The city will again submit these comments to the administrative law judge, likely in February, when the public comment period is open. Only during the public comment period do submitted comments become part of the public record. OLD BUSINESS There was no old business to report. ADJOURNIVIENT APPROVAL OF ADJOURNING THE NOVENIBER 09, 2010, ENVIRONIVIENTAL QUALITY & ENERGY COMMISSION MEETING. MOTION by Ms. Nelson and seconded by Mr. Westby, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VEL1N DECLARED THE MOTION CARRIED AND THE NOVEMBER 09, 2010, ENVIRONIVIENTAL QUALITY & ENERGY CONINIISSION MEETING ADJOURNED AT 8:40 P.M. Respectfully submitted, Rac�¢6 Harris Rachel Harris Environmental Planner and Staff Liaison Page 10 of 10