Loading...
05/21/2001 CONF MTG - 4742I�i k 3�� � COMMUNITY DEVELOPMENT � � .�,3 DEPARTMENT PLANNING DIVISION Memorandum Date: May 14, 2001 � To: William Burns, City Manager �� From: Julie Jones, Environmental Planner Layne Otteson, Assistant Engineer Jack Kirk, Parks & Recreation Director Subject: Moore Lake Buffer Strip Proposal Background The City of Fridley has been approached by the Association of Metropolitan Soil Conservation Districts about completing a lake buffer strip demonstration project on the southern shore of East Moore Lake. They are interested in this location because it is visible along Highway 65. They are actually so interested in this location that they are offering to waive a 50% match requirement to grant funding in order to make the project attractive to the City of Fridley. Gregg Thompson, a landscape restoration specialist, made a presentation at a recent Park and Recreation Commission meeting about the lake buffer strip proposal. Creating a buffer strip involves removing common turf along the shoreline and replacing it with native plantings that have deep root systems which help absorb pollutants as well as prevent soil erosion. He explained how buffer strips are an effective means to improve lake water quality. They also help keep geese populations out of the area, whose presence also diminishes water quality. He showed photographs of the installation process and of expected appearance after completion. The location where they are proposing to replace the turf grass with a mix of native shoreline plants is along the southern edge of East Moore Lake in the area of the retaining wall. This area is very close to Old Central Avenue. The strip would only be about 6-10' wide in the area between the retaining wall and the water's edge. The length of the buffer strip is expected to be 386 feet, the length of the retaining wall. This is roughly 3,860 square feet, which would be roughly 1,750 plants spaced 18 inches apart. In order to get the grant funds, the City would need to enter into an agreement with the agency. In that agreement, the City would commit to maintaining the 360' long buffer strip once it is planted. Maintenance would likely involve initial watering if weather conditions warrant, mowing down weeds twice the first two growing seasons, and conducting a controlled burn of the area once every three years. This maintenance would need to be conducted by Fridley's Park Maintenance staff or be contracted out. The City would need to repay the grant funds if the buffer strip is removed within a ten-year time frame. Recommendation The Park and Recreation Commission voted unanimously in favor of pursuing the buffer strip funds for Moore Lake. They also indicated interest in pursuing grant funds in future years to expand the buffer strip concept to other shoreline areas around East Moore Lake. They did recognize a concern that this area of Moore Lake is a highly visible area of the community and that we will likely receive complaints from individuals that are uneducated about the intended benefits of the project. The Environmental Quality and Energy Commission received a presentation on the Moore Lake buffer strip proposal at their May meeting and also passed a motion recommending the project. Staff has met twice to discuss the implications of this proposed project. We agree that it will be most critical that the project be thoroughly communicated to the public. Julie Jones, Environmental Planner will work closely with Gregg Thompson on public education efforts, including written articles for the City newsletter, a sign to be posted at the site, and a special cable television program. Julie can also serve as the key person to field complaints. Information we have obtained from the City of Minneapolis confirms that there is less maintenance involved in maintaining these natural buffer strips than with standard mowed turf. However, litter clean up, which is a problem due to close proximity to the highway, will be more cumbersome in the taller plant material. Litter will need to be collected by hand rather than by machine. The City staff would attempt to use community service personnel to conduct needed litter clean ups, however, if crews are not available when needed, additional staff resources may be required. The other downside of the proposal is that the area selected for the pilot project is probably not a large enough area to have any positive impacts on water quality. However, if the City should decide to expand it in the future, it will likely positively impact the quality of Moore Lake's water. The Community Development staff has also considered this proposal in terms of the City's weed ordinance. Staff does not see a conflict with allowing the lake buffer strip in this instance because we do have other locations in the City of Fridley where we have allowed intentionally-planted, natural landscape areas to exceed the 10-inch height rule as long as they are maintained for environmental purposes. However, if this buffer strip concept is one that it going to be promoted by the City, we feel that we should consider amending the ordinance language to clearly allow it. Since there is scientific evidence that shoreline buffer strips improve water quality, and this proposal will cost the City nothing in cash outlay, staff recommends that we accept the Association of Metropolitan Soil Conservation District's request to install a shoreline buffer strip on East Moore Lake. ��a�j��r� emoran um Community Development DATE: May 16, 2001 n � j� TO: William Burns, City Manager � FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Stacy Bulthuis, Planner Julie Jones, Environmental Planner SUBJECT: Key Suggested Updates to Section 113-Solid Waste/Recycling Code Background Over the past two years, staff has periodically encountered different issues with lack of clarity in Section 113 of City Code. This section is the one that addresses solid waste and recycling regulations. Over a year ago, the Community Development Department staff agreed that the best way to address the multitude of shortcomings in the current code language was to completely rewrite it. Since this was a large task, we placed it in the 2001 Goals and Objectives. It is now time for us to begin this process if we are to complete it by the end of the year. Because there are many issues of debate for this code update, staff felt it best to meet informally with the City Council to get some input regarding certain items we propose to change. Attached is a list of the many problems with the current code language. Most of these items are not expected to be controversial. However, there are seven proposed changes that we expect to be controversial, and we would like to discuss these items with the Council briefly on May 21. Those items include: 1. In Section 113.03, we need to clarify the need for enclosures for dumpsters on all property types, including schools and government buildings, which generate more that one cubic yard per week of waste. We also should add explanation of the City's enclosure requirements in this section. Currently, these requirements are stated in the individual zoning district sections of code. 2. We often have outside storage issues related to year round storage of bagged yard waste. We would like to add language to Section 113.04 restricting storage of bagged yard waste over the winter. It is also possible that we are going to see haulers wanting to collect compostable waste in wheeled carts in the near future, so we may want to consider allowing for flexible language that would allow this upon City approval at a later date. 3. Our main enforcement problem with compost piles is that people are not intentionally creating compost, but are just letting yard waste set in the back yard to rot, never removing any material. We feel this problem can be remedied by adding language to Section 113.09 that requires that compost piles must be maintained and not exceed a volume of 30 cubic feet. 4. In order to reduce costs, staff recommends removing the need to change the fee amount charged on residential utility bills for recycling services by conducting an ordinance amendment in Section 113.07 of code. With the fee set this way, every time we want to adjust the rate slightly to balance our expenses and revenues, we need to hold a public hearing. Instead, staff suggests making these rates similar to other fees, which are approved by Council annually in Chapter 11. We will need to increase the rate slightly in 2002 if we are going to compensate for increased curbside recycling collection service contract rates, so now is a good time to consider this change. T'his becomes increasingly important with the new spending increase limit of 5%. 5. Most of the City's apartment buildings do not have their recycling containers screened. Since screening recycling carts often makes them difficult for tenants to find and takes away limited Q 7 parking space it is often a difficult issue to resolve. At minimum, staff feels the City needs to require existing multifamily buildings to have a paved area for placement of recycling carts. Any building replacing their refuse enclosure should be required to enlarge it to include room for recycling carts, provided that they are still easily accessible. In Section 113.15, we need to add language that lays forth a procedure to remove a haulers license for just cause. We do not have such a procedure in place in the current code. At a previous work session, staff received feedback on a survey question related to refuse container the size limit of 32 gallons. Staff's interpretation of that discussion was that most people were favorable about removing the garbage container size limit, which would allow wheeled carts. The issue of curbside placement, however, appeared to be divided. There was little interest in requiring garbage pick up on the same day as recycling (called day-certain collection in the waste industry). The dilemma staff has is that we need to have enforceable requirements in code. Over the past couple of years, staff has been advised by Council to ignore garbage placement complaints. 'The City needs to resolve this issue and place requirements in code that we can enforce. Staff recommends that we rewrite the garbage placement requirements in Section 113.12, stating that any form of refuse (garbage, recycling, or yard waste) may not be in view of the street for more than a 24-hour time period each week, from 6pm prior to the day of collection to 6pm the day of collection. We believe that the current unsightly problem of cans placed at the curb blowing around and spilling contents on windy days will fade as more residents use the sturdier carts. Therefore, staff further recommends that curbside placement be allowed for all refuse types. Recommendation After receiving input from the City Council, staff plans to proceed by creating draft code language for Section 113. Staff recommends offering the Planning Commission and the Environmental Quality and Energy Commission the opportunity to review the draft language before we start the public hearing process for the code revision. Staff plans to complete the code changes within the next six months. M-01-56 DATE: January 11, 2000 TO: Barbara Dacy, Community Development Director Scott Hickok, Planning Coordinator FROM: Julie Jones, Planner/Recycling Coordinator SUBJECT: Updating Needed to Solid Waste/Recycling Code (Section 113) Background Recently, staff members of the Fire and Community Development Departments meet regarding the enforcement of screening garbage and recycling containers at apartment buildings in the city. As a result of the meeting, it was suggested that I review Section 113 of City Code to see what needs to be re-written. I have realized a need to re-word many portions of Section 113 in the past, but the demands on my position prohibited spending time on the issue. Now, upon comprehensively reviewing the entire Section, it is clear to me that the entire section needs to be completely re-written. Here are some of the problems with the existing language: 1. The definitions are extremely outdated and do not match definitions in the Waste Management section of State Statute. 2. Section 113.02 places the 32 gallon garbage size limit on all properties — not just homeowners and refers to terms such as eating house, boarding house, trailer camp, and auto court, which are clearly outdated terms. 3. Section 113.02 also makes an exception for incinerators, which were banned in the State of Minnesota years ago. 4. Section 113.03 does not require screening of commercial/industrial waste storage containers. 5. Section 113.04 is quite unnecessary since the haulers dictate how yard waste needs to be contained. Containerized collection of yard waste is probably going to be used by haulers in the near future since debagging is so costly, which would render even a rewrite of this section outdated in the near future. I would suggest instead changing Section 113.04 requirements specific to refuse storage at multiple dwelling units, which are missing from the code now. 6. Section 113.05, Yard Waste Transfer Site, should be eliminated from City Code entirely. It is not consistent with City Policy to have a program or city service specified in code. The City does not have language in code about other services it chooses to provide on an annual basis (like storm damage clean up, for instance), so why should this be in code? 7. Section 113.06 is really like the yard waste site situation, however, I suppose it makes sense, since there is a fee collected from utility bills, to specify that the City reserves the right to collect a SWAP fee for the purpose of carrying out solid waste and recycling management requirements placed upon it by the State. I would, however, avoid being specific as to what those programs might be, so that we have the freedom to change them when needed without an ordinance amendment. 8. Section 113.07 should be rewritten to be like section 113.18, License Fees, where the fee amount is in Chapter 11, which is approved annually by the City Council. Then we will not have to go through ordinance amendment procedures every time a fee is adjusted a few cents. 9. Section 113.08 is so vaguely written that I am unsure of what it was intended to prevent. 10. Section 113.09.1 needs to be re-written to take out the reference to approved landfill site since there are none in Fridley. Also, there is a typo, where reference to Section 113.07.2 should be to Section 113.09.2. 11.Section 113.09.2 only permits composting at 1-4 unit residential properties. If a business or an apartment complex wanted to have a composting area (a growing trend with the push toward sustainable development) why would we want to prohibit that? 12.The composting language in general could be updated. I would also recommend adding a statement that a compost area must be maintained (so that we can follow up on odor complaints). 13.The second part of Section 113.10 is requirements for haulers — not the homeowner — and should be placed in Section 113.17 under license requirements instead. 14. Section 113.11 needs to be re-written so that recycling requirements match State Statutes rules for multiple dwellings. There is also an attempt to ensure that recyclables collected are truly marketed, but this language is more properly organized under the licensing section. 15. Section 113.12 needs to specify that it is referring to all property types. 16. Section 113.12.2.A. needs to be reworded so that it is understandable that it applies to bulk waste items. It should also be clarified that curbside placement of these items is acceptable only for 24 hours within time of collection. 17. Section 113.12.2.B. states that garbage containers may be placed next to the building. Legally, we need to make this clear, so the City Council is going to have to decide. 18. Section 113.12.3 needs to be reworded so that it is understandable. 19. Section 113.13 should be updated to at minimum to require that recycling containers be placed on paved surfaces. If we are not going to require all multiple unit buildings to screen recycling carts, then we should ensure that code requires any newly constructed enclosures be redesigned to incorporate recycling carts. We will need assurances, however, that recycling carts will be just as accessible as refuse storage containers. The second paragraph of this section places the same screening requirements on the municipal center and the schools. Since neither the City or the school districts are in compliance with proper screening now, we need to give some serious thought to what we will require private business to do since the government entities should be doing the same. 20. Section 113.14 is of little issue in current times since most people have plastic garbage containers as opposed to the metal type that tended to rust out. Missy says she does have problems with people not using or not replacing lost lids for garbage containers. We should make sure that we at least address the lid issue. 21. We do not have a section addressing scavenging of recyclables, which has occasionally been a problem in the three years I have been on staff. Normally cities have code language prohibiting the theft of recyclables with penalties established if someone is caught. 22. Under the licensing Section 113.15, there are no procedures established for the removal of a hauler's license should a problem arise. Deb Skogen agrees that we should probably add this and could likely refer to procedures in another section of code. 23. Section 113.15.2 should be reworded to allow exception for waste haulers to be required to pick up anything which is banned from the waste stream by State Statutes. 24. Section 113.15.3 License Classifications should probably be updated since the categories do not make sense to me. I would refer to other city examples for possible changes. 25. Section 113.15.4.A Insurance needs to be updated to higher dollar amounts that are the industry standard today. 26. Section 113.15.5 allows recycling and refuse pickup to begin at 6:30am, however, our recycling contracts have always specified 7:OOam, which has caused some confusion for our contractor's drivers. We may want to make a change here. 27. Remaining sections of licensing section should be updated to refer to mixed solid waste rather than garbage or swill. 28. Section 113.15.8 Reports should be re-written to only require multiple dwelling unit recycling reports and the required dates can be changed to semi-annually with deadlines of January 15 and July 15 to match the County's schedule. 29. Section 113.16 refers to State Statute sections that do not exist. It is questionable whether this section of code is necessary since Missy uses a different section of code to address abatements. Direction to Amend Due to the extensive changes needed to Section 113, I am not sure how we should proceed. The normal underlining and strikeout method of showing proposed changes to existing code is going to look quite confusing I am afraid. Do we need to have consultation about this with Fritz' office or do we draft something for the attorney's to review? This, of course, is another review project for the EQEC also. FRIDLEY CITY CODE CHAPTER 113. SOLID WASTE DISPOSAL AND RECYCLING COLLECTION (Ref. 585, 630, 838, 955, 962, 968, 1013, 1019,1111,1122) 113.01. DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this Chapter and the following words and terms wherever they occur in this Chapter are defined as follows: 1. Approved. Accepted by the City following its determination as to compliance with established public health practices and standards. 2. Commercial Establishment. Any premises where a commercial or industrial enterprise of any kind is carried on and shall include, but is not limited to, clubs, churches and establishments of nonprofit organizations where food is prepared or served or goods are sold. 3. Compost. A mixture of decaying organic matter in a contained area. (Ref. 968) 4. Composting. Any above ground microbial process that converts yard waste and other materials identified in Section 113.07.02 to organic soil additive or mulch by decomposition of material through an aerobic process providing adequate oxygen and moisture. (Ref. 968) 5. Dwelling Unit. A separate residential dwelling place with a kitchen. 6. Garbage. Every accumulation of animal, vegetables or other matter that attends the preparation, consumption, display, dealing in or storage of ineat, fish, fowl, birds, fruit and vegetables, including the wrappers wasted along with such materials. 7. Multiple Dwelling Unit. A residential structure with five or more dwelling units. Fridley City Code 8. Landfill Site. Section 113.01.15 A site for disposal of solid waste approved by the City, operated or conducted in accordance with the rules and regulations of the Pollution Control Agency as adopted in accordance with Minnesota Statutes, Section 116, as amended. 9. Person. Any person, firm, partnership, association, corporation, company or organization of any kind. 10. Private Garbage and Solid Waste Collectors. Any person who offers to or engages in the collection of garbage or solid waste from any house, apartment, public or private institution, or commercial establishment within the City of Fridley. 11. Recyclable Materials. All newsprint including supplements, office paper, corrugated cardboard, glass (food and beverage), tin cans, aluminum, steel, and magazines and catalogs, and any other materials as mutually agreed upon by the City and its Recycling Collector or building owners and their Recycling Collectors. 12. Recycling Collector. Any person or entity engaged in collecting, transporting, and processing of recycled materials from residential or commercial sites in the City. 13. Refuse. All solid waste products or those having the character of solids rather than liquids in that they will not flow readily without additional liquid and which are composed wholly or partly of such materials as garbage, swill sweeping, cleanings, trash, rubbish, letter, industrial solid waste or domestic solid wastes; organic wastes or residue of animals sold as meat; fruit or other vegetable or animal matter from the kitchen, dining room, market, or food establishment of any places dealing in or handling meat, fowl, grain, or vegetables; offal, animal excreta, or the carcass of animals; trees or shrub trimmings, grass clippings, brick, plaster or other waste matter resulting from the demolition, alteration or construction of buildings or structures; accumulated waste materials, tires, junk; or other such substances which may become a nuisance. 14. Residential Properties. Attached and detached single-, double-, triple- and quadruple-dwelling units and mobile homes. 15. Rubbish. Wood, leaves, trimmings from shrubs, dead trees or branches thereof, shavings, sawdust, excelsior, wooden ware, printed material, paste board, grass, rags, straw, boots, shoes, hats and all other combustibles not included under the term garbage. Fridley City Code Section 113.04 16. Solid Waste. Garbage, recyclable materials, refuse, rubbish, swill, waste matter and other discards which are nonhazardous waste. 17. Swill. That particular garbage which is wholly or nearly edible and useable as a food and has food value for animals or fowl, accumulating from animal, vegetable or other matter wasted from clubs, hotels, hospitals, restaurants and public eating places. 18. Waste Matter. Matter composed of soil, earth, sand, clay, gravel, loam, stone, brick, plaster, crockery, ashes, cinders, shells and all other noncoxnbustible material which has been or is to be discarded. 19. Yard Waste. Lawn clippings and leaves. (Ref.968) 113.02. SOLID WASTE CONTAINERS REQUIRED The occupant of any private dwelling, the keeper or manager of any hotel, motel restaurant, eating house, or boarding house or any building where meals are served, the owner of any flat or apartment house, trailer camp or auto court, and any other person having solid waste as herein defined, shall provide and keep on such premises sufficient containers for the storage of all refuse accumulated on the premises between disposal or collection. Each such container shall be durable, watertight, shall have a tight fitting lid, shall be impervious to insects, rodents, vermin and absorption of moisture and shall not exceed 32 gallons in size unless approved by the City of Fridley. All solid waste on any premises shall be stored in the containers required herein except if the same may be immediately consumed or disposed of on such premises in an incinerator of a type approved by the City of Fridley. ll3.03. COMMERCIAL CONTAINERS All commercial, business, industrial, or other such establishments having a volume in excess of one (1) cubic yard per week, and all four (4) family and larger dwellings, shall provide approved bulk or box type solid waste storage containers or the approved equivalent. These containers shall be so located as to be accessible to collection equipment and so as not to require an intermediate transfer. 113.04. YARD WASTE CONTAINERS Grass clippings, leaves and other similar solid waste may be placed in bags or bundles not exceeding three (3) feet in any dimension and not exceeding 60 pounds in weight and shall be securely fastened to avoid spillage. Fridley City Code 113.05. YARD WASTE TRANSFER SITE Section 113.09.1 The City of Fridley operates a yard waste transfer site at 350 - 71st Avenue N.E., east of Columbia Arena. Residentially generated leaves and grass that are transported by the generating resident may be deposited at the site. Residents are limited to a per trip volume of ten bags of bagged yard waste, or in the case of a loose load, one trailer or pick-up truck bed. Residents must debag and take their bags with them upon leaving the site. Commercially-generated and commercially-carried leaves and grass may not be deposited at the site. Only leaves and grass may be deposited at the yard waste transfer site. (Ref. 955) 113.06. SOLID WASTE ABATEMENT PROGRAM The City of Fridley, in order to meet the requirements of State Law, established a Solid Waste Abatement Program. This programming includes the curbside collection of recyclables, serving residential dwellings of one to four units, the purchase and distribution of curbside recycling containers, a drop-off redemption center for recyclables, a yard waste transfer site, and other special abatement activities, as authorized by the City Council. (Ref. 962) 113.07. SOLID WASTE ABATEMENT PROGRAM FEE Effective with the January, 1999, billing, the City of Fridley shall begin charging residential dwellings of one to four units and multiple dwellings of 5— 12 units $5.50 per unit per quarter. Multiple dwellings of 13 or more units certified for service under current contract for recycling services will be charged the current contract price which the City is charged by a private contractor to provide multi-unit recycling services. This fee shall be charged in conjunction with the utility billings as administered by the Finance Department. This fee shall be called the Solid Waste Abatement Programming Fee. This revenue shall be placed in the Solid Waste Abatement Fund and shall be expended on solid waste programming activities. These activities include the curbside collection of recyclables for residential dwellings of one to four units, recycling services to multiple dwellings of 5-12 units, and other multiple dwellings of 13 or more units certified for service under the City's contract for recycling services, the purchase and distribution of curbside recycling containers, a drop-off redemption center for recyclables, a yard waste transfer center, and other special abatement activities as authorized by the City Council. 113.08. OTHER CONTAINERS All other solid waste on any premises shall be stored in the containers required by Sections 113.02, 113.03 and 113.04 hereof, except as the same may be consumed or disposed of on such premises as permitted by said sections. 113. 09. SOLID WASTE DISPOSAL/COMPOSTING 1. No person shall dispose of solid waste, as defined in Section 13.01.10, upon any lands in the City of Fridley unless on an approved landfill site, except that composting may be conducted if in full accordance with the terms of Section 113.07.2. Fridley City Code Section 113.12.1 2. Composting is permitted on residential properties containing up to four dwelling units provided that all of the following conditions are met: A. A compost area may consist of, but is not limited to, yard waste, fruit or vegetable waste, garden waste, egg shells, coffee grounds, soil, fertilizer, flowers, or small shrub trimmings or twigs (1/4 inch diameter maximum) generated from the site on which the compost site is located. However, in no case are the following materials permitted in compost areas: meat, bones, grease, whole eggs, dairy products, and human or pet feces. B. A compost area must be fully confined within a fenced area or enclosed structure. C. A compost area may not be located in any front yard and must be at least five (5) feet from any side or rear lot line. (Ref. 968) 113.10. SOLID WASTE COLLECTION Solid waste, other than those items collected according to Section 113.08 hereof, shall be collected at least once every week, or more frequently if necessary, by a collector licensed hereunder. The collector shall transfer the contents of the containers to a collection vehicle without spilling them. If any spilling occurs, the collector shall clean it up completely. Upon such collection, the containers shall be completely emptied and the lids of the containers shall be replaced. 113.11. RECYCLING COLLECTION Recyclable materials shall be collected at least once a month by a recycling collector licensed hereunder. The City's recycling collector shall collect all recyclable material placed along the curb of residential properties and at designated locations at multiple dwelling units of 5-12 units and multiple dwellings of 13 or more units that have been certified for service by the City. Every owner of a multiple dwelling of 13 or more units or other units not serviced under the City contract for recycling services shall arrange and contract for at least monthly collection of recyclables. Such services shall include collection of at least newsprint, glass (food and beverage), aluminum, steel and tin cans, and corrugated cardboard. Privately contracted recycling collectors shall collect recyclable materials from locations designated by their customers. These materials shall be transported by the collector to a processing site and will be marketed as determined by the recycling collector. (Ref. 1013) 113.12. PLACING OF SOLID WASTE CONTAINERS 1. Except for purposes of collection, all solid waste must be placed in the rear of the premises, or it may be placed in the side yard setback if screened so as to be out of view from the street, or in a garage located on the premises. Fridley City Code Secrion 113.15.1 2. The following special conditions may be used to make solid waste collection more convenient: A. Solid waste, except that which is stored in a container, as defined in Section 113.02 and 113.03 of this Chapter, may be placed adjacent to the curb or elsewhere on the person's property. B. Solid waste stored in containers as mentioned in Section A above, may be placed immediately adjacent to the front of the dwelling unit, but no further than three (3) feet from the building. 3. Except for convenience of collection, no containers or solid waste will be allowed in the front yard for more than twenty-four (24) hours. 113.13. PLACING OF RECYCLABLE MATERIALS At multiple dwelling units of 5 or more units, recycling collection containers shall be located inside or adjacent to the waste dumpster enclosure. Alternate exterior locations may be designated by the building owner or manager. Recycling collection containers at multiple dwellings of 5 or more units shall be clearly marked for acceptable material. Fridley Municipal Center and Fridley Public Schools Recycling collection containers shall be located inside or adjacent to the waste dumpster enclosure. Alternate exterior locations may be designated by the building official. All recycling collection located at the Fridley Municipal Center and Fridley Public Schools shall be clearly marked for acceptable materials. (Ref. 1013) 113.14. DEFECTIVE SOLID WASTE CONTAINERS Whenever a solid waste container is in poor repair, is corroded or otherwise defective so as to permit insects, vermin or rodents to enter, or does not meet any other requirements of this Chapter, the collector shall notify the owner personally or by affixing a copy of a notice to the container. The notice shall state the deficiency and shall require repair or replacement prior to the next collection. If the deficiency has not been corrected, the collector shall notify the City. The City shall then inspect said container and if found deficient, condemn same and order its removal. 113.15. RECYCLING AND SOLID WASTE HAULERS' REGULATION 1. License Requirement. No person shall engage in hauling or conveying solid waste or recyclable material from any premises, other than their own domicile, in the City unless that person holds a valid license hereunder. Each such vehicle so used must be licensed Fridley City Code Section 113.15.4.A 2. License Procedure. A. The provisions of the License and Permit Chapter, Chapter 11 of this Code, including the license fee shall apply to all licenses required by this Chapter and to the holders of such license. The term of each license hereunder shall be from May 1 through Apri130 for Solid Waste Haulers and from June 1 through May 31 for Recycling Haulers. B. The application for license or renewal of license shall contain a description of the types and makes of the motor vehicles used for collection, a schedule of services to be made to the customers, the frequency of service to be rendered and full information as to where and how the material collected will be disposed of and any other information the City of Fridley shall require. Applicants for licenses, after July 10, 1975, desiring to provide routine weekly collection and removal of solid waste from residences shall provide, as required under this Chapter, complete collection of all solid waste which normally results from day to day use of this type of property except furnishings, appliances, building or construction wastes and similar bulky wastes for which individuals must make special arrangements. The City may require vehicle inspection before processing the license application. C. Applications for license hereunder shall be submitted to the City for review and recommendation. If the Council is satisfied that the public need, convenience, and good order will be served thereby, it may grant a license to any such application meeting the requirements of this Chapter. 3. License Classification. Applicants for licenses issued hereunder shall be issued for the following classes of operations: Class I- Residential Refuse Collection Vehicle Class II - Commercial and Business Refuse Collection Vehicle Class III - Residential and Commercial Refuse Collection Vehicle Class IV - Rubbish and Waste Matter Collection Vehicle Class V- Rendering Collection Vehicle Class VI - Recycling Collection Vehicle 4. Insurance. A. Solid Waste Haulers. Applicants for licenses or renewals of licenses shall file with each application a copy of an insurance policy or policies and an endorsement, under which there is coverage as to each vehicle to be used for loss or damage to persons in the amount of $100,000 for each person and $300,000 for each accident; and for loss or damage to property in the amount of $50,000. Every such policy shall provide that it shall not be cancelled or terminated for any reason without at least ten (10) days written notice thereof first being given to the City. Fridley City Code B. Recycling Hauler. Secrion 113.15.6.E Applicants for licenses or renewals of licenses shall be insured as defined by the contract with the City. 5. Hours. No person engaged in hauling solid waste, garbage or recyclable material from residential areas within the City of Fridley shall do so before 6:30 A.M. or after 8:30 P.M. on any day. Furthermore, hauling from commercial, business, industrial, or other such establishments shall not reasonably interfere with, or create a nuisance for, adjacent residential areas. There shall be no recycling, garbage or solid waste pick-up from residential properties on Sunday. 6. Vehicles. A. Each vehicle for which a license is applied for or which is licensed shall be subject to inspection by the City of Fridley at the annual renewal date and at all reasonable times. Any such vehicle, while it is used by the licensee in the City of Fridley, shall have the name of the licensee clearly printed on both sides. Said lettering shall be at least three (3) inches in height and the color of the lettering and of the background shall be contrasting. B. Each licensed solid waste vehicle shall have attached a decal to be issued by the City showing the current registration. The decal shall be affixed to the outside of that portion of the truck body used to hold garbage or solid waste. Old, expired or otherwise invalid decalcomania shall be removed from the vehicle. C. Tile body of every solid waste vehicle licensed hereunder shall be constructed entirely of inetal or the space in the vehicle in which solid waste shall be kept shall be completely lined with metal. All joints shall be effectively closed so that no dripping or leaking or drain off of water, liquids or any substances can occur. The loading space shall be provided with a heavy tarpaulin or equivalent cover fitted with eyes, grommets, tie ropes, or hooks so that the cover can be securely over the loaded solid waste. Every vehicle used for collection of garbage or swill shall have a permanent metal cover, Every vehicle shall be equipped with the necessary hand tools for cleaning up spills. D. Every vehicle licensed hereunder shall be kept well painted, clean and in good repair. Every such solid waste vehicle used for collecting garbage or swill shall be cleaned every week, or more often if necessary, to prevent persistent odors and shall be cleaned before being used for any other purposes. E. Recyclables, garbage, solid waste, rubbish, or other waste matter shall be loaded so that none of such materials can jar loose and fall to the ground or street when the vehicle is in motion. Loose paper, trash, and similar materials shall be so secured that they cannot be displaced by the wind or fall out of the vehicle. Containers used to carry solid waste in or on any vehicle shall comply with the requirements of Section 113.02 hereunder. Fridley City Code Section 113.19 F. No person shall at any time park or store any recycling or solid waste collection vehicle on any premises zoned for use as a single or multiple residence dwelling, within one hundred (100) feet of any aforementioned premises, or within two hundred (200) feet: of any food establishment, for purpose other than, or for periods inconsistent with, providing recycling or solid waste collection at said premises. No person shall at any time park or store any loaded or partially loaded recycling or solid waste collection vehicle on any premises within the City, except for the purpose of and for periods consistent with, providing recycling or solid waste collection at that parcel of property. 7. Cancellation of Solid Waste Service. The collector shall cancel service to any premises when the only container or containers thereon have been condemned, and may cancel service when the party chargeable for the collection service is two (2) months or more overdue in paying for such service. When any collector cancels service to any premises, written notice thereof shall be served upon or mailed to the occupant, manager, or owner of the premises and a copy of the notice shall be mailed to the City. Reports. All applicants for licenses hereunder who provide recycling collection services in the City shall submit at least quarterly reports to the City detailing the weight of recyclables by material type collected during the previous quarter. Weights collected from multiple dwelling unit accounts shall be reported separately from other commercial accounts. The reports shall be submitted by April 10, July 10, October 10, and January 10. (Ref. 1013) 113.16. ABATEMENT OF SOLID WASTE ACCUMULATION Any accumulation of solid waste on any premises not stored in containers which comply with this Chapter, or any accumulation of solid waste on any premises is hereby declared to be a nuisance and shall be abated by order of the City, as provided by Minnesota Statutes, and the cost of abatement may be assessed on the property where the nuisance was found, as provided in said sections. 113.17. LITTER Minnesota Statutes, Section 609.68 are hereby adopted by reference and shall be full force and effect in City of Fridley as if set out here in full. 113.18. FEES The license fee and expiration date shall be provided in Chapter 11 of Fridley City Code. 113.19. PENALTIES Any violation of this Chapter is a misdemeanor and subject to all penalties provided for such violation under the provisions of Chapter 901 of this Code. emoran um Planning Division DATE: May 16, 2001 TO: William Burns, City Manager fi� � FROM: Scott Hickok, Community Development Director Paul Bolin, Planning Coordinator Julie Jones, Environmental Planner SUBJECT: BFI Recycling Contract Extension Background Several months ago, BFI asked if they could submit a proposal to extend their existing contract to provide recycling services in Fridley. Since we would have to start preparing to begin the request for proposal process this fall, we suggested that they submit a proposal this spring to allow us plenty of time to consider it. Our existing contract with BFI is due to expire March 31, 2002. Two months ago, BFI submitted the attached proposal to extend our existing contract another three years. The rates proposed reflect a 4.8% increase in the single-family rate and a 6.5% increase in the multi- family rate over the three-year term of the extension. BFI has not had a rate increase since they began their existing contract in March 1999. Service provided by BFI has been excellent. T'hey have had very few reported missed collections or equipment breakdowns. They have filed their recycling reports in a timely manner and have been responsive to any concerns brought before them. There are very few communities that have a similar waste management system to Fridley's. For those that do, the proposed fees are in line with the costs those other cities are paying currently. Staff has incorporated BFI's proposed price increase into the proposed 2002 Solid Waste Abatement Program (SWAP) budget. The increased curbside collection costs will cause the budget expenses to run about $10,000 over expected revenues, however. This causes a need to either subsidize SWAP from the General Fund or increase fees in Section 113 of City Code. These fees were last increased to $5.50 per quarter in January 1997, when we started weekly recycling collections. Since staff is proposing a complete rewriting of Section 113 this year, now is a good time to debate a fee increase. Recommendation Staff recommends that the City Council direct staff to continue to work with BFI to develop contract language that would extend Fridley's recycling service contract another three years according to BFI's proposed rates. The service from BFI has been excellent and they have been very willing to do extra things for us like conduct the canned food drive and run a recycling truck in the 49ers Day parade. The increased fees reflect less than a 1% increase per year over six years during a time when fuel prices have greatly increased. There are some new recycling collection methods being tested by other communities in the Metro area this year that may have future impacts on how recycling is collected. These changes are likely more than . three years away from being widely available, however, so we should be able to complete another three year agreement with BFI without any needed changes. A SWAP fee increase needs to be discussed during the upcoming review of Section 113 of City Code if the City wants to fully fund our recycling programs. M-01-58