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HomeMy WebLinkAbout12-10-07 Item 7B City Code Regarding Garbage & Recycling Collection Prepared By: James Lehnhoff Dept.: ~,~rrlil1~l:1iIy~De elopl1l~n_!_ Council Mtg. Date: -- ...- ........ .........." .f2:1-0-=.07----- ..m Final Action Needed By: Agenda Item: 7.B ~ ~HILLS Request for Council Action Actual Amount: Funding ; :.:.~otion to Approve Ordinance 391 to Repeal Section 620.04 of the City Code, Amend Section 310.01 of the City Code, and Adopt Section 'bbU of the City Code Regarding the Collection, Hauling, and Licensing of Garbage and Recycling Haulers. 12. Motion to Approve Publishing a Summary of Ordinance 391 (requires 4/5 vote). ;.::~pprove Ordinance 391 to Repeal Section 620.04 of the City Code, Amend Section 310.01 of the City Code, and Adopt Section 660 of the \,ouy Code Regarding the Collection, Hauling, and Licensing of Garbage and Recycling Haulers. 2. Approve Publishing a Summary of Ordinance 391 (requires 4/5 vote). x ; Memo/Letter: December 10, 2007, Memo to the City Council Resolution No,: i X """"0 No,: 391 and Summary of Ordinance 391 Recommendation: Recommendation: O;h~;: ffffifm~:ii~allif~IL~ll~Qsm:1iliD~~~L0,~m~~glI~m&imm..n..n.....'..'..'''''.'nn___________nnn'''''''''"...,,,,,..''_''__nn__nn___m..n'..........,,,..'''''''_''nnn___nnnn..n'n...'''''''''''.....n''_n_________nn__..._"......",,,....._ _n ______nnnn_.."'''''''''nnn_ n_m m_nn_".....,,,,,,,n,, _ _nn _m_n_"" '''' ,. . Adopting a recycling ordinance is needed to ensure that the City remains eligible for the SCORE grant awarded by Ramsey County 'each-- year. The grant has been approximately $20,000 per year and funds about 1/5 of the City's curbside residential recycling program. None. ~ ~HILLS MEMORANDUM DATE: December 10, 2007 CC Agenda Item 7.B TO: Mayor & City czunCil James Lehnhoff, City Planner & cycling Coordinator FROM: SUBJECT: Garbage, Refuse, and Recycling Ordinance Action Reauest 1. Motion to Approve Ordinance 391 to Repeal Section 620.04 of the City Code, Amend Section 310.01 of the City Code, and Adopt Section 660 of the City Code Regarding the Collection, Hauling, and Licensing of Garbage and Recycling Haulers, 2. Motion to Approve Publishing a Summary of Ordinance 391 (requires 4/5 vote). Backl!round Section 620.04 of the City Code regulates the disposal, collection, and hauling of garbage in the City, In order to maintain eligibility for the yearly SCORE grant from Ramsey County, the City needs an ordinance that requires all residential properties to have regularly scheduled recycling services, Since, the SCORE grant is typically around $20,000 and constitutes approximately one fifth of the recycling program budget, adopting a recycling ordinance has become increasingly important. Therefore, staff is proposing the adoption of an integrated trash and recycling collection, hauling, and licensing ordinance, Currently, the City is meeting the SCORE grant requirements because all properties are receiving residential recycling services. While most of the residential properties in the City are included with the City's recycling contract, Arden Manor, Hunter's Park Condos, and Parkshore apartments contract separately for recycling services, Since they contract separately for recycling services, there is a small possibility that they could lose that service if the City does not require it by ordinance, It is not uncommon for manufactured home communities and multi-family structures to contract separately for recycling services since the City's curbside service may not fit the needs of those neighborhoods, However, if those properties were to cancel their recycling services, the City could become ineligible for the SCORE grant. While much of the proposed ordinance simply codifies the services that are already being provided, the draft ordinance includes, amongst other basic requirements, performance standards, recycling IlMetro-inet.us\ardenhillsIPlanninglRecycUng\Ordinance\121007 - Garbage. Refuse, and Recycling Ordinance Amendments.doc Page 10f2 hauler licensing requirements, and reporting requirements. As noted above, the recycling regulations have been integrated into the existing garbage collection ordinance since the services are related, There are two notable changes to the current garbage and recycling regulations that would be impacted if the proposed garbage and recycling ordinance is adopted. The first change is related to the permitted collection times for conunercial and industrial properties that are adjacent to residential properties, Currently, the City Code limits garbage collection to between the hours of 6:00 a,m, and 6:00 p.m, Monday through Saturday for residential districts only, However, commercial and industrial properties adjacent to residential properties are not subject to that limitation, even if the garbage pickup is inunediately adjacent to the back of a residential lot. Therefore, staff is proposing the following language for garbage and recycling collection pickup times: 660.04 Subd. 4 No person, company, or corporation shall collect or remove garbage, refuse, recyclable materials, or other mixed municipal solid waste in any residential district or from any property sharing a property line with a residential district in which the collection can cause a negative impact to the adjacent residential district (i,e" noise, odors, lights), except between the hours of 6:00 a.m, and 6:00 p.m, Monday through Saturday. This revised provision restricts those commercial and industrial properties that are adjacent to residential properties and are causing a negative impact to adjacent residential properties to be subject to the time restriction. The other notable change to the trash and recycling ordinance is a specific provision allowing the City to revoke a hauling permit if the hauler does not comply with the City Code and other applicable laws, Without the permit, the collector would not be able to provide services within the City. All other provisions in the existing garbage ordinance are substantially the same in the proposed garbage and recycling ordinance. The existing memorandum of understanding with the four licensed garage haulers in the City would remain in effect. Most of the recycling portion of the proposed ordinance was drafted by Mary Chamberlain of R,W, Beck consulting (http://www.rwbeck.com/). Her services were paid for by Ramsey County Public Health, The proposed ordinance has been reviewed by the City Attorney, Recommendation Staff recommends approving Ordinance 391 and the summary of Ordinance 391 for publication purposes, L Motion to Adopt Ordinance 391 to Amend Section 620,04 Regarding Garbage, Refuse, and Recycling Collection and to Amend Section 310,01 of the City Code to Require the Licensing of Recycling Haulers, 2. Motion to Approve Publishing a Summary of Ordinance 391 (requires 4/5 vote), Attachments Ordinance 391 and Sununary of Ordinance 391 \\Metro-inet.uslardenhillslPlanninglRecycling\OrdinanceI12JO07 - Garbage. Refuse, and Recycling Ordinance Amendments.doc Page 2 of2 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE NO. 391 AN ORDINANCE RELATED TO THE REGULATION AND LICENSING OF GARBAGE, REFUSE, AND RECYCLING COLLECTION AND HAULERS The Arden Hills City Council hereby repeals 620.04 and ordains that Section 3 I 0.01 Subd 9 is amended and Section 660 and its subdivisions are added in the Arden Hills City Code to read as follows: 310,01 Establishment of Fees by Ordinance. Subd. 9 Garbage, refuse, and recycling collector; 660 - Garbage, Refuse, and Recycling 660.01 Purpose. Subd. 1 The City Council finds, determines, and declares that it is necessary and conducive for the protection and enhancement of the public health, safety and welfare of the people to provide regulations for the dumping, collection, and disposal of garbage, refuse, recyclable materials, and other mixed municipal solid waste within the City. In order to protect and enhance the public health, safety and welfare of the people of the City, this subsection seeks to prohibit and prevent the indiscriminate and uncontrolled use of property for dumping purposes in violation of zoning regulations, health regulations, and recognized public health standards; prevent and prohibit open dumping on land in the City; promote environmentally responsible behavior in regards to recyclable materials; and require that disposal, collection, and dumping of garbage, refuse, recyclable 1 materials, and other mixed municipal solid waste materials be authorized only pursuant to permits granted under this subsection. 660.02 Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them; Subd, 1 "Collection" means the aggregation of garbage, refuse, recyclable materials, and other mixed municipal solid waste from the place at which it is generated and includes all activities up to the time when materials are delivered to a designated facility, Subd. 2 "Commercial, Institutional, and Industrial" location means any location in the City that is not residential and contains a retail business, restaurant, manufacturing enterprise, government, school, church, nursing home, daycare facility or any other similar establishments. Subd. 3 "Garbage" means all putrescible animal, vegetable, or other matter that attends the preparation, consumption, display, dealing in or storage of meat, fish, fowl, birds, fruit or vegetables, including the cans, containers or wrappers wasted along with such materials. 2 Subd. 4 "Manufactured Home or Mobile Home" has the definition given it under M.S. Chapter 327 as amended from time to time, Subd. 5 "Manufactured Home Community" is defined as any site, lot, field or tract of land upon which two or more occupied manufactured or mobile homes are located. Subd. 6 "Mixed Municipal Solid Waste" has the definition given it under M.S. Ch. 115A.03, as amended from time to time, Subd,7 "Multi-family dwelling" means a building or complex which provides more than four residential dwelling units as part of a large building or complex which as part of the rental fee or association dues provides collection service for the entire group of households, Subd. 8 "Refuse" means all putrescible and non-putrescible solid waste (except body waste) including, but not limited to, garbage, rubbish, ashes, street cleanings, abandoned automobiles, automobile parts, tires, demolition and construction debris, and market and industrial solid waste. 3 Subd. 9 "Refuse Collector" means any person, firm, corporation or business licensed to collect refuse and other mixed municipal solid waste from residential or non-residential premises, or both. Subd, 10 "Recyclable Materials" means any material that is separated from refuse or other mixed municipal solid waste for the purpose of recycling. Subd. II "Recycling" means the process of collecting and prepanng recyclable materials and reusing the materials in their original form or using them in manufacturing processes that do not cause the destruction of recyclable materials in a manner that precludes further use. Subd. 12 "Recycling Contractor" means a company or corporation that is in the business of collecting and/or transporting, recyclable materials to be processed for use or resale value. Subd. 13 "Recycling Facility" means a facility at which materials are prepared for reuse in their original form or for use in manufacturing processes that do not cause the destruction of the materials in a manner that precludes further use. 4 Subd, 14 "Single-family Dwelling" means any building containing one to four dwelling units (single-family, duplex, triplex, and fourplex), and any building with units contiguous to each other (townhouses) sharing no more than two common walls and not having a centralized garbage, refuse, mixed municipal solid waste and/or recycling pickup location. 660.03 Depositing Restricted. It shall be unlawful for any person to deposit or cause to be deposited any garbage, refuse, recyclable materials, or other mixed municipal solid waste upon any vacant lot or other tract of land, whether platted or unplatted, or upon any ground appurtenant to any building in the City except in the mauner provided by this subsection. 660.04 Collection and Licensing. Subd, 1 No person, company, or corporation shall act as a garbage collector or recycling contractor without first obtaining the appropriate licenses required by the County and the City. Anyone desiring a license to collect garbage, refuse, recyclable materials, or other mixed municipal solid waste material in the City shall submit a completed license application form and all required information 5 pnor to providing services within the City and shall otherwise comply with and be subject to Arden Hills Code Section 300 and its subdivisions. Subd. 2 No person, except a collector duly licensed by the City, shall collect or in any manner interfere with garbage, refuse, recyclable material, or other mixed municipal solid waste material placed in containers for collection or interfere in any manner with containers for garbage, refuse, recyclable materials, or other mixed municipal solid waste. Subd, 3 All garbage, refuse, recyclable materials, and other mixed municipal solid waste shall be transported on the streets or alleys in the City only in vehicles with leak proof bodies of easily cleanable construction and metal sides and a closable cover. Vehicles shall be so operated that contents do not spill or drip upon streets or alleys or otherwise create a nuisance. The equipment operator shall be responsible for promptly cleaning up any drips or spills. The equipment shall be kept clean and shall not be allowed to stand in any street or public place longer than necessary to collect materials. Subd. 4 No person, company, or corporation shall collect or remove garbage, refuse, recyclable materials, or other mixed municipal solid waste in any residential district or from any property sharing a property line 6 with a residential district in which the collection can cause a negative impact to the adjacent residential district (i.e., noise, odors), except between the hours of 6:00 a.ID. and 6:00 p.m. Monday through Saturday, Subd. 5 A licensee's failure to comply with the provisions of the City of Arden Hills code, State laws or any of the conditions attached to the license shall be grounds for license revocation, without refund of licensee fee, 660.05 Containers and Placement of Containers. Subd. 1 Except as otherwise provided in this subdivision, all garbage, refuse, recyclable material, and other mixed municipal solid waste shall be kept in rust-resistant nonabsorbent and easily washable containers. Garbage and refuse containers shall also be watertight, equipped with a bailor handles, and covered with close-fitting lids. Insofar as practicable, all materials shall be drained of liquids and wrapped in paper or otherwise sealed in a bag or other container. Containers shall be provided in sufficient number to hold all garbage, refuse, recyclable materials, and other mixed municipal solid waste accumulating between collections. All containers shall be washed and treated with a disinfectant as often as necessary to prevent a 7 nmsance. All containers referred to in this section shall be kept in an enclosed building or in a location which is properly screened to be as least conspicuous as practical from adjoining properties or public streets. Subd. 2 When extra recycling materials do not fit in the containers provided, certain items may be placed outside of the containers. Cardboard boxes should be flattened and bundled, not exceeding three (3) feet in length and fifty (50) pounds in weight and placed next to the recycling container. Old newspapers or mixed paper should be bagged and set next to the recycling container. Subd, 3 Tree cuttings shall be bundled, not exceeding three (3) feet in length and fifty (50) pounds in weight, and placed next to the yard waste container. Subd. 4 Garbage collectors may charge an extra fee and distribute guidelines for excess materials that cannot be placed inside of the refuse container. Subd, 5 Refuse from demolition or construction sites must be stored in roll- off containers or other refuse containers, These containers shall be 8 kept clean, orderly, and m good condition so as to prevent a nmsance. Subd. 6 Commercial, business, industrial, or other such establishments having refuse and/or recyclable material volume in excess of two cubic yards per week and all multi-family dwellings shall provide bulk or box type refuse storage containers or approved equivalent. These containers shall be so located as to be accessible to collection equipment and so as not to require an intermediate transfer. These containers shall be kept clean, orderly, and in good condition so as to prevent a nuisance, Subd.7 Refuse and recycling containers from single-family dwellings shall be placed at their assigned collection location the night before, or the day of collection, Containers shall be removed no more than twelve (12) hours after the scheduled collection day. 660.06 Garbage, Refuse, and Mixed Municipal Solid Waste Collection. Subd. I All occupied properties shall arrange for the collection of garbage, refuse, or other mixed waste thereof with a licensed refuse collector and shall pay the collector an amount not to exceed the collector's scheduled rates, as approved by the Council. All properties are 9 required to contract for garbage collection services unless proof of other legal disposing of waste can be demonstrated to the City upon request. Subd,2 Collection of garbage and other refuse from single-family dwellings shall be made at least once each week by a duly licensed collector and every fourteen days from all other properties unless the City Administrator agent approves a waiver. Those properties south of Interstate 694 (Zone I) shall receive collection services on Tuesdays and those properties north of Interstate 694 (Zone 2) shall receive collection services on Wednesdays. If a holiday occurs on the collection day, collection shall occur on the week day that immediately follows. 660.07 Recyclable Materials Collection. Subd. 1 Curbside Residential Recycling Service. The City shall contract with a recycling contractor to serve as the exclusive curbside collector of recyclable materials for single family, duplex, triplex, and fourplex residential dwellings. Subd.2 Multi-Family and Manufactured Horne Community Residential Recycling Service. Every multi-family building and manufactured 10 home community shall contract with a recycling contractor who will remove recyclable materials by a duly licensed collector at least twice monthly with City Council approval. Owners of multi-family buildings and manufactured home communities may subscribe to the City's curbside collection program according to negotiated pricing with City Council approval and acceptance by the City's curbside recycling contractor. Subd. 3 Commercial, Institutional, and Industrial Recycling Service. Commercial, institutional, and industrial locations in the City are encouraged to contract with a recycling contractor that removes recyclable materials provided the recycling contractor is licensed by the City. Subd. 4 Recyclable Materials to Be Collected. The following list of recyclable materials must be collected by the recycling contractor for curbside residential recycling collection and by any hauler licensed by the City to collect recyclable materials from multi-family or manufactured home communities. Minimum recycling service provided must include the collection ofthe following materials: A. Paper - including, but not limited to, newspaper, corrugated cardboard, mixed mail, boxboard, telephone books, and/or magazines. 11 B. Glass - including, but not limited to, clear, brown, and green glass bottles and jars. C. Metal - including, but not limited to, steel and aluminUlTI food and beverage cans, D, Plastics - including, but not limited to, plastic containers with necks marked with a #1 or #2. Subd. 5 Recyclable Materials Set Out for Collection Separately from Refuse Shall Not Be Disposed As Refuse, All recyclable materials collected shall be delivered to a recycling facility or end market. Recycling contractorCs) shall provide proof of delivery of recyclable materials to recycling facilities and/or end markets upon request of the City. Subd, 6 Report to the City. All licensed recycling contractors who collect from single-family residential, multi-family residential, or manufactured home communities shall keep accurate records of all material collected and submit a report to the City on a monthly basis detailing the total tounage by type of recyclable materials collected, by residential dwelling type, in a format and at the level of detail requested by the City. Failure to provide the required reports shall be cause for suspension of the collection license. 12 Effective Date. This Ordinance shall be effective the day following its publication or on the day following the publication of an Ordinance Summary approved by the Arden Hills City Council. Adoption Date, Passed by the Arden Hills City Council on this 10lh day of December, 2007. STAN HARPSTEAD, MAYOR ATTEST: MICHELLE WOLFE Publication Date: December 19,2007 13 CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 391 On the 10th day of December, 2007, the Arden Hills City Council adopted Ordinance No. 391, and by four affirmative votes pursuant to Minn. Stat. S412.l9l, Subd, 4, directed that a summary of Ordinance 390 be published. Ordinance 391 is entitled "An ordinance related to the regulation and licensing of garbage, refuse, and recycling collection and haulers." The primary purpose of the ordinance changes are to add regulations for the collection and hauling ofrecyclable materials as well as to require the licensing of recycling haulers. A full copy of Ordinance 391 is available for inspection by any person during regular business hours at the office ofthe City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden-hills.mn.us.