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EQE 05/11/2010 - 29868Call to Order D�aft Minutes MINUTES ENVIRONMENTAL QUALITY AND ENERGY COMMISSION FRIDLEY MUNICIPAL CENTER, 643� UNIVERSITY AVE NE TUESDAY, MAY ��, zo�o, 7:0o P.M. Chairperson Velin called the meeting to order at 7:21 p.m. after a short presentation by Dr. Bill Burns, City Manager. Roll Call Members Present Members Absent: Others Present Anne Andrews, Barb 7ohns, Tina Nelson, Rich Svanda, 7ack Velin, Paul Westby Rachel Harris, Environmental Planner Julie Jones, Planning Manager Bill Burns, City Manager Fritz Knaak, City Attorney Scott Lund, Fridley Mayor APPROVAL OF TUESDAY, APRIL 13, 2010, ENVIRONNIENTAL QUALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. Svanda and seconded by Ms. Johns to approve the April 13, 2010, Environmental Quality & Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VEL1N DECLARED THE MOTION CARRIED UNANIMOUSLY. New Business Panel Discussion Part 2: Benefits and challenges of implementing a city-wide organized garbage collection Dr. Burns, Fridley City Manager, introduced Part 2 of the panel discussions. We'll hear from Attorney Fritz Knaak about the legal requirements for establishing organized garbage collection systems. Mr. Knaak will provide case history and limitations of organizing with a City Charter. Mr. Knaak noted that MN State Law says if you are a city, you have to collect the garbage. By Law, you don't need to pave streets, don't need to hire police. But, in Fridley, you are required to have a contract with a private hauler for trash collection. Page 1 of 3 D�aft Minutes Mayor Lund asked what if two or more people share one trash contract. Mr. Knaak replied then they are in violation of Fridley code. Ms. Andrews asked what the official crime is. Ms. Jones said it is a misdemeanor to not have garbage hauling. Mr. Knaak said the MN Statute allows broad governing for a city while in a Charter City the charter imposes certain restrictions. Mr. Knaak said that we've not seen a change in MN Statute since 1991, because of politics, more than what is in the state statute. A court case has never been analyzed by appellate court. Says cannot eliminate recycling services. Mr. Knaak said that Subdivision 4 is a procedure for the study's adoption of organized collection. Subdivision 4 provides very broad language that organized collection is a system using one or more collectors or a group of collectors. Mr. Knaak said in Subdivision 3 there are two key positions: (1) recycling must be separate from trash; and (2) haulers must be invited to assist in developing plans for organized hauling. Mr. Knaak said that Subdivision 4 describes the Resolution of Intent. This lasts for 180 days, is due process, then there is a 2 week notice for public hearing. Any haulers are welcome to receive any proceeding. Ms. Andrews asked how does email count in proceedings. Mr. Knaak said it is not included in State Statute. A resolution of intent offers an incentive. If all cities licensed haulers think that the plan is good, they do not have to wait 180 days, can do so immediately. Mr. Knaak said implementation would allow full participation of any and all licensed haulers. There is a Get out of Jail Free card for both the City and the hauler. The city has no anti- trust/liability for trash hauling plan. The hauler has no anti-trust/liability for trash hauling. Mr. Knaak said in implementation we are required to detail finding of fact, evaluate displacement of business, allow participation of all interested parties and consider how to achieve organized collection and ma�mize efficiency in solid waste collection. Mr. Knaak said Fridley has unique Charter restrictions. New service may require a vote by citizens. City Code Section 702.3.b states goods and services may be regularly provided by the city as long as actual cost is charged to residents. There are some questions to consider. Do we award to the bidder an organized collection contract? Is collection required by district? Should we require uniform pricing and how expensive is it? Dr Burns asked if there are any federal issues with organized collection. Page 2 of 3 D�aft Minutes Mr. Knaak said there are none. Mr. Westby asked if Mr. Knaak could foresee any pitfalls of pursuing organized collection. Mr. Knaak said no legal pitfalls. There are valid policy reasons. The only perceived pitfall is length of time-180 days plus 90 days for lobbyists. Council would have long term exposure. Mr. Velin asked if the Environmental Quality and Energy Commission meetings are exploratory and can we have a meeting without haulers? Mr. Knaak said if they ask to attend the meeting, we have to include them. Dr. Burns said let's clarify. Mr. Knaak said refer to Subdivision 4: Resolution of Intent is once requested the industry gets notice. Mayor Lund asked if they give a verbal request, are they invited. Mr. Knaak said no. Mr. Kosluchar said these biddings are separate then others. Mr. Knaak said we can negotiate and can bid with enormous latitude. We must allow industry participation. Ms. Johns asked if the council members are ready for this? Dr. Burns said they are learning from the study before the EQE Commission. Mayor Lund said the council is relying on EQEC comments and noted the study was initiated by citizen complaint. He echoed Sig Scheurle's message that pursuing organized collection will test solidarity of Council. Ms. 7ohns said we would benefit from reaching out to those who want the change. Mayor Lund commented that those who are content never show up. Ms. Andrews asked why the haulers aren't reaching out for change. What about zone collection? Then, the haulers would have a guaranteed part of the market. Mr. Knaak said the zone collection has been considered. Mr. Svanda said the national politics may come into play. Mr. Knaak said that is possible since the Statute is designed for many days of comments. Old Business Page 3 of 3 D�aft Minutes There was no old business to report. Staff Report There was no staff report. Other Business/Announcements Ms. Harris announced that commissioners are encouraged to participate in the annual 49ers Parade on June 24, 2010, to help educate the public about paper recycling. Plan to meet at 6pm in the parade line-up. Ms. Harris talked about the upcoming July 13, 2010, EQEC meeting. We'll have Part 3 of the garbage transportation panel discussion and hear from Experience from the Neighboring Communities of Crystal, Golden Valley, Robbinsdale and Coon Rapids (Tentative). Dr. Bill Burns, Fridley City Manager will provide an introduction. We'll also discuss the Curbside Recycling Contract RFP. Mr. Burns announced a meeting schedule with tentative topics. July 12, 2010, Organization strategies and cost as reported by cities of Blaine, Columbia Heights, and Robbinsdale. Sept 14, 2010, Environmental effects including streets, air, and noise. Nov 9, 2010, Hauler's perspective. Dec 14, 2010, Open discussion with consideration of fee structure; and strategies to integrate hauling of appliances and brush. ADJOURNIVIENT APPROVAL OF ADJOURNING THE MAY 11, 2010, ENVIRONNIENTAL QUALITY & ENERGY COMMISSION MEETING. MOTION by Mr. Westby, seconded by Ms. Andrews, to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON VEL1N DECLARED THE MOTION CARRIED AND THE MAY 11, 2010, ENVIRONIVIENTAL QUALITY & ENERGY COMMISSION MEETING ADJOURNED AT 8:35 P.M. Respectfully submitted, Rachel Harris Environmental Planner and Staff Liaison Page 4 of 3