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net. f dhase Caner Or MA Collins dimsi Rape. e AN 55113 SO Hodder pi Michael Joyce Transportation Agenda 651 A2 7004 Nancy More scy, Yourth counoeChambers ....,uvao.adlecorn Docurnerty ocul SCOPE DUTIES FUNCT Docurnerty Roseville Public Works, Environment and Transportation Commission Agenda Item Date: August 23, 2022 Item No: 3 Item Description: Approval of the July 26, 2022 Public Works Commission Minutes Attached are the minutes from the July 26, 2022 meeting. Recommended Action: Motion approving the minutes of July 26, 2022, subject to any necessary corrections or revision. Move: Second: Ayes: Nays: Roseville Public Works, Environment and Transportation Commission Meeting Minutes Tuesday, July 26, 2022, at 6:30 p.m. City Council Chambers, 2660 Civic Center Drive Roseville, Minnesota 55113 1 1. Introduction / Roll Call 2 Chair Ficek called the meeting to order at approximately 6:30 p.m. and at his 3 request, Public Works Director Marc Culver called the roll. 4 N 5 Present: Chair Bryant Ficek; Vice Chair Michael Joyce; and Members Jarrod 6 Cicha, Nancy Misra, Mike Collins, and Edwin Hodder 7 8 Absent: None. 9 10 Staff Present: Public Works Director Marc Culver; City 11 Engineer/Assistant Public Works Director Jesse 12 Freihammer; Civil Engineer Stephanie Smith, and 13 Environmental Specialist Ryan Johnson 14 15 2. Public Comments 16 Chair Ficek indicated today is the 32°d anniversary of the signing of the ADA 17 (American Disability Act). He thought it has pushed them towards greater 18 acceptance of choices, multi -model, whether bike or pedestrian and complimented 19 staff on doing a good job of incorporating these in City projects. 20 21 Mr. Culver indicated the ADA has changed the way roads are built and designed 22 and continues to change. 23 24 3. Approval of June 28, 2022 Meeting Minutes 25 Comments and corrections to draft minutes had been submitted by PWETC 26 commissioners prior to tonight's meeting and those revisions incorporated into the 27 draft presented in meeting materials. 28 29 Motion 30 Member Joyce moved, Member Misra seconded, approval of the June 28, 2022 31 meeting minutes as presented. 32 33 Ayes:6 Page 1 of 8 34 Nays:0 35 Motion carried. 36 37 4. Communication Items 38 City Engineer Jesse Freihammer provided a brief review and update on projects 39 and maintenance activities listed in the staff report dated July 26, 2022. 40 41 Chair Ficek asked regarding State Fair parking, last year the City has no parking 42 signs posted in areas and he wondered if the same thing will be done this year. 43 44 Mr. Culver indicated the intent is to continue that practice for the foreseeable future. 45 He noted this was first done a year before COVID and then there was a hiatus so 46 there was not much time to learn or apply what was learned from the first year but 47 last year turned out pretty well and the City did not get too many questions or 48 complaints. 49 50 Chair Ficek wondered what the City will get if it wins the sustainability contest. 51 He understood the City is in the lead. 52 53 Mr. Culver thought it might give the City some momentum when applying for some 54 other grants or participation to show that the City has an engaged community and 55 have a good number of residents that are taking advantage of the programs that are 56 being offered. 57 58 Member Hodder asked if rental properties had the opportunity to do similar things 59 with energy savings. 60 61 Mr. Culver explained not yet but he thought the rental properties are still eligible 62 for the same programs. The owner of the property would need to take care of that 63 and make the actual improvements. 64 65 Mr. Culver reviewed City Council discussion regarding future proposed projects. 66 67 Member Hodder asked how the Pavement Management Fund is doing. 68 69 Mr. Culver indicated it is doing relatively well and showing a positive balance 70 going into the 2030's. There have been more detailed discussions at staff level 71 lately. He thought this may be an item for the PWETC workplan for discussion in 72 the future. 73 74 Member Misra asked regarding the water section of the update if the City did 75 sampling of the water supply and if the City had results on that. She wondered if 76 this was the City system and City pipes. She also wondered about installing 77 irrigation meters and where the meters are installed. 78 Page 2 of 8 79 Mr. Culver indicated most of the irrigation meters installed are on City property 80 with irrigation systems. He indicated years ago it was hard to track how much 81 water the City was using because there were not any irrigation meters installed, 82 even on City buildings. He indicated at that time the usage was lumped into the 83 City's unaccounted for water which was a pretty high percentage and the 84 Department of Health and DNR could see that when the City submitted the water 85 reports. He noted it is good practice for staff to be able to see how much water is 86 being used for different areas and for different uses and that gives staff an 87 opportunity to see if there is a way to use less water. 88 89 Mr. Freihammer updated the Commission on the City Water Rebate Program. He 90 noted the City received additional grant funds this year but the program was 91 expanded and rebates for irrigation is still available but the City also opened it up 92 to appliances. 93 94 5. City Council Joint Meeting Review 95 Chair Ficek thought the joint meeting went well with good conversation. 96 97 Mr. Culver reviewed with the Commission how different topics could be discussed. 98 He indicated the Commission and City Council discussed the following topics 99 which could be discussed at afew upcoming meetings. He listed afew of the topics: 100 speed limit, takeout food containers, name change, No Mow May, and various 101 smaller topics. He asked if there were any other topics outside of the ones he listed 102 that the Commission felt strongly about. 103 104 Member Collins indicated he would like to talk about the City bike plan. 105 106 Member Misra asked if there was interest in talking about the Solar and Renewable 107 Program and maybe some upgrading on those. 108 109 Chair Ficek suggested talking more about EV Stations. 110 111 Member Joyce explained he would like an update on transit. 112 113 Mr. Culver explained staff could ask Metro Transit to come in and talk to the 114 Commission about Post COVID ridership as well as other things. He noted because 115 the takeout food container topic was previously discussed he thought that might be 116 something the Commission could continue discussion on. He thought the 117 discussion could continue at the August meeting and staff could bring in Ordinance 118 information from other cities and talk about what the Commission likes and does 119 not like as well as what the Commission would like to see. He noted the Council 120 has discussed possibly doing a phased in program, starting with an education and 121 trying to get restaurants to voluntarily start using some of these recyclable or 122 compostable containers and then eventually get to an Ordinance where an 123 Ordinance could be put in place for enforcement. He noted the Council liked the 124 soft rollout concept. Page 3 of 8 125 126 Member Joyce asked if there was anywhere in the newsletter where the City can 127 showcase restaurants in Roseville that are using and have adopted compostable and 128 recyclable takeout containers. He thought that may encourage other businesses to 129 do the same. 130 131 Mr. Culver thought that was a good idea and the City could try to do some type of 132 survey to find that out and beside putting something in the newsletter there could 133 be an online article. 134 135 Chair Ficek thought the Commission should start to talk about No Mow May and 136 pollinator information in order to have something in place before next May. He 137 wondered when this should be discussed. 138 139 Mr. Culver thought there should be something about these topics in the March/April 140 2023 newsletter and reinforce it in the May/June 2023 newsletter. A detailed 141 conversation on this topic could be done at the November or January meeting as 142 well to make sure that something is ready to put in the newsletter. 143 144 Chair Ficek asked if the speed limit discussion should be a two -meeting item. 145 146 Mr. Culver indicated that should be discussed and he thought the expectation for 147 Roseville will be to have some sort of public participation on the topic. He thought 148 the Commission should have a preliminary meeting on what that would entail and 149 how will the City engage the public and what does the City want to talk about 150 preliminarily. Then the Commission will want to review the comments and have 151 an opportunity for the public to come to a Commission meeting to discuss the topic 152 and see what people would like to see on their streets or not like to see. Then he 153 thought after that staff and the Commission work on some proposed speed limits 154 and how to enact that across the City. They can also talk about limitations of 155 enforcement and some other things. He thought the Commission could start 156 discussion on this in September with some public interaction. 157 158 Mr. Culver updated the Commission on possible topics for future meetings. 159 160 Member Misra asked if there has been any thought about revisiting the Master Plan 161 for the City campus. 162 163 Mr. Culver explained staff currently has August 8u' scheduled for an update to the 164 City Council but it might get moved to August 22°d because of other agenda items. 165 He thought staff had some good information and could discuss at the August or 166 September meeting with the PWETC. 167 168 Member Collins indicated he would be interested in touring the City facilities. 169 170 Mr. Culver suggested adding that to a meeting where the Commission would meet 171 first and go through the meeting and then adjourn to tour the facilities. 172 173 6. Discussion of Commission Scope, Duties, Function and Name 174 Chair Ficek indicated the Commission has touched on the topic of a name change 175 several times and the City Council gave the approval to talk about this and think 176 about it in the broader scope. 177 178 Mr. Culver reviewed the Commission's scope that is in City Code. He noted if this 179 were to be changed there would need to be a public hearing and other actions taken 180 to change it. 181 182 Chair Ficek indicated from that, the first thing he wanted to bring forward was the 183 sustainability and how that could be worked in, whether the name were changed or 184 not, it seems like that should be said somewhere in the scope. He explained he was 185 looking at some other cities' scopes and read from a few different cities' scopes. 186 187 Chair Ficek explained another part to this is infrastructure itself or transportation 188 infrastructure if the Commission wanted to characterize it. He thought that could 189 also be in the description. He thought there were a lot of things that could be put 190 in the description of the Commission. As this was originally brought up, it involved 191 the name and leaning towards sustainability and infrastructure and it has broadened 192 out to what the Commission's purpose is and they are related. He thought it was 193 trying to make it more relatable to the public than what it is now and sustainability 194 and infrastructure did those two things for him and he thought those items could be 195 included in changes to the scope and the Commission could then define those words 196 as well. He noted infrastructure would not be related to parks because that has its 197 own Commission and would be a part of the description. 198 199 Member Misra asked staff if they have come across any other department within 200 the City or Commissions that have discussed sustainability. 201 202 Mr. Culver explained Planning would be the one that would have the greatest 203 amount of crossover on that topic. He noted the City's Community Development 204 Director would like to come and give the Commission an update on what the 205 Planning Commission has been talking about as far as Ordinance changes and 206 incentives towards sustainability. He indicated that would happen either in August 207 or September. The Planning Commission is actively talking about some of these 208 items right now. Because of limitations in Statute, as far as Building Code, the City 209 cannot require more stringent or more expensive building code provisions than 210 what the State adopts in its State Building Code. The City cannot require 211 sustainability efforts in building that is not already in the State Building Code. The 212 City can incentivize it, particularly and where the City has been successful or think 213 it has been successful with that is commercial properties that are looking for 214 assistance from the City on something. There are some other things the City is Page 5 of 8 215 looking at doing. The Shoreland Ordinance is something the Planning Commission 216 has worked on and recommended to the City Council for approval. 217 218 Member Hodder indicated when he was on the Finance Commission, in the sense 219 of, for example, the Capital Improvement Plan, they looked at things that kept 220 things on a sustainable plain. He thought Chair Ficek's idea of looking at the scope 221 was good and he thought the Finance Commission did a similar exercise. He 222 thought this is something that the PWETC should consider. He thought 223 sustainability had different meanings and for this Commission it is looking at 224 sustainable Public Works systems. He liked the idea of looking at the scope and 225 trying to incorporate that definition of what it is the Commission would like to do. 226 227 Member Misra thought there was a way to look at sustainability rather than the 228 PWETC is the Commission that does sustainability. She thought that is a way to 229 look at it that is really worthwhile to exam but she thought in real effectiveness it 230 needs to be spread across all departments so that planning and finance and all the 231 areas of the City that are affected by sustainability are involved. She thought in the 232 Commission scope they should think about how to connect that to other areas of 233 the City. 234 235 Member Hodder agreed and some of the Finance Commission thinking too was to 236 look at the community visioning and what the community was asking that 237 Commission to do. That all flowed into that discussion as well. He indicated there 238 was overlap there. 239 240 Member Joyce explained sustainability is embedded in a lot of the crosswalks 241 throughout all of the Commissions and everything done in the City. He asked if 242 there was a way to embed sustainability in the Commission's role and 243 responsibilities in the overarching title of environmental. 244 245 Mr. Freihammer thought if the Commission went with one of the definitions Chair 246 Ficek brought up, it could potentially cover that. 247 248 Chair Ficek explained there are City goals for sustainability. He asked if there are 249 official policies along with those that need to be referenced at all. Otherwise, a 250 generic statement within the scope of advising on sustainability and resiliency could 251 be crafted as a statement within the scope. 252 253 Mr. Culver agreed and thought generally speaking for the purposes of City Code, 254 the Commission would not want to necessarily reference any current land or 255 something like that because then that would age it. He noted even the 256 Comprehensive Plan in the resiliency chapter has some goals in there for carbon 257 reduction and such, which are very far reaching, but will very likely be out of date 258 by 2027-2028 when the City adopts the next new Comprehensive Plan. He thought 259 it would work by trying to keep it vague and identifying that the Commission has 260 goals in the Comprehensive Plan and or other Citywide plans such as the current Page 6 of 8 261 Energy Action Plan which will hopefully evolve into a Climate Action Plan at some 262 point. Maybe referencing that the City does have sustainability and resiliency goals 263 within the plans and that this Commission is tasked with implementing or 264 monitoring the implementation of that. 265 266 Chair Ficek indicated he would almost change, if he goes back to what the 267 Commission has now, "serve in an advisory capacity to City Council, City 268 Manager, Director of Public Works", it is almost like after that statement, instead 269 of "on public works, environmental and transportation matters", that is where the 270 Commission could come in with something different that talks about sustainability, 271 resiliency, maintenance of transportation infrastructure and grabbing those terms 272 all in there and whether the Commission needs to define them further from there he 273 did not know but that seemed like an easy place to start and change that. He 274 explained going down the list, the second one read is "to maintain an interest and 275 understanding of the functions and operations of Public Works", he agreed with 276 that but he wondered if that needed to be stated in there or did it need to be changed. 277 It could be opened up to get to some of the other points and working with other 278 Commissions. 279 280 Mr. Culver did not think there was anything that would restrict them from adding a 281 letter to this. He indicated if B was left as is and modify C a little bit but put 282 something in between B and C, a new C statement that talks a little more about 283 sustainability. Something along the lines of education and monitoring progress on 284 City goals towards sustainability. That might a whole other paragraph that 285 addresses sustainability on its own. 286 287 Chair Ficek indicated putting aside a name change he asked if there was general 288 agreement that this would be a good step. Maybe modify a couple and add a new 289 one towards that sustainability. 290 ' 291 Member Misra explained she liked that idea and would like to see a little bit more 292 flushing out of what is meant by sustainability because it is a definition that is quite 293 variable. She thought in its broadest scope if the Commission were to make 294 recommendations to other areas of the City that they have not taken part in how 295 would that be received. She thought to be effective that is what it would take. 296 297 Mr. Culver did not think there is anything the prohibits the Commission from going 298 outside their lane because even if they look at the HRIEC, that Commission talks 299 about engagement and part of that is how should other departments and 300 Commissions and that engage on issues. He indicated the Finance Commission 301 also struggles on what its role is because they review all of the department's budgets 302 and he thought there will be some crossover as sustainability efforts are discussed. 303 He thought part of that is if the Commission is making a recommendation to 304 Community Development and/or the Planning Commission on such things. 305 Page 7 of 8 306 Chair Ficek thought that is where it can be acknowledged too, the way it is written 307 now, the other Commissions are not acknowledged at all. He thought directly 308 putting in the scope that working with other Commissions as needed would be good 309 for any topic and just having that recognition there. 310 311 Mr. Culver asked if there is an interest in one of the Commissioner's drafting some 312 proposed language and bringing it back or would the Commission want staff to 313 work on something. 314 315 Chair Ficek thought something was needed to be put on paper because it makes it 316 easier to discuss and react to. He volunteered to help draft something up but would 317 appreciate staff help on this. 318 319 Member Joyce asked if a document could be set up in Google Does for Commission 320 collaboration and adding to it. 321 322 Mr. Culver indicated that could be done. He noted a sub -committee could work on 323 that as long as the entire Commission does not work on it due to open meeting laws. 324 325 Vice Chair Joyce indicated he would be willing to help. 326 327 Commissioner Misra volunteered as well. 328 329 Mr. Culver reviewed possible ways to start working on the scope for the 330 Commission such as reviewing other Commission scopes. 331 332 7. Items for Next Meeting 333 Discussion ensued regarding the August PWETC agenda: 334 • Takeout container discussion 335 • Commission scope and name 336 • Update on Zoning Changes by City Community Development Director, 337 possibly August or September. 338 339 Mr. Culver updated the Commission on selecting a new PWETC member. 340 341 8. Adjourn 342 343 Motion 344 Member Misra moved, Member Collins seconded, adjournment of the meeting 345 at approximately 8:07 p.m. 346 347 Ayes:6 348 Nays:0 349 Motion carried. • Roseville Public Works, Environment and Transportation Commission Agenda Item Date: August 23, 2022 Item Description: Communication Items Item No: 4 Public Works Project updates: • 2022 Sewer Lining o The contract was awarded to Hydro-Klean on December 6, 2021. The project consists of lining 5.6 miles of pipe within the city. Work has begun with about 75% of the work completed within Roseville. Work is anticipated to be completed by the Fall of 2022. • 2022 Pavement Management Project o The project was awarded to Bituminous Roadways on April 11. o Work consists of mill and overlaying 9.4 miles of roadways, installation of a new pathway on Lexington Avenue, north of Woodhill Drive, replacement of retaining wall at County Road C2 and Merrill Avenue and other miscellaneous work. o Work is underway and will continue throughout the summer. Milling and paving is underway and approximately 90% of the street work is completed. Paving will continue through late August. • Villa Storm Water Improvements The project was awarded to Kevitt Companies. Work consists of dredging the upper basin in Villa Park and replacing the inlet and the outlet to the basin. Most work will occur over the winter months. Trapping of turtles to relocate them further downstream began in early August. Fairview and County Road C Pond Improvements o The project was awarded to New Look Construction on June 6. o Work consists of pond dredging and outfall replacement at the Fairview and County Road C pond. o Work is expected to begin in late summer. Work should take approximately 3-4 weeks. There should be minimal impacts to the public. Civic Campus Pre -Design Project o The City's consultant will present an update to the City Council on September 12 on the Civic Campus Pre -Design project. The presentation will include updates on collaborative efforts with the VFW and the License Center staff as well as concepts for the overall campus to provide consistency and branding to all new facilities. There will also be an update on recent and upcoming engagement efforts. Ramsey County Updates: • County Road B2/Lexington Intersection Improvements o Work began on June 13 and will continue through mid -August. o Work consists of replacing the signal lights and adding turn lanes for both legs of County Road B2. o Currently, Lexington Avenue is open to traffic but County Road B2 will remain closed until September 2. o The intersection will be open for the start of school. Ramsey County Mill and Overlays & ADA Upgrades o Work in Roseville is on three County Roads. • Rice Street, County Road B2 to I-694 • County Road B, Dale Street to Rice Street • Lexington Avenue, TH 36 - County Road C2 o ADA upgrades have begun on Rice Street and will continue for the next week. o Future schedule is unknown, but most work will take place after the State Fair in September and October. o Traffic impacts should be limited to lane shifts. Miscellaneous Updates: • Neel Gas Project o Neel Energy will be completing its Northeast Metro Gas project this summer. The gas main will be replaced on County Road B between Hamline Avenue and Lexington Avenue and on Hamline Avenue between County Road B and County Road C. Work began on Monday April 16. Current work is on Hamline Avenue with the following impacts: • Hamline Avenue, between Brooks Avenue/Willow Circle and County Road B2 • Line installation and material staging. • One-way northbound only traffic. • Hamline Avenue, between County Road B2 and County Road B • Line installation, material staging and restoration. • One-way northbound only traffic. • Sidewalk and crosswalk closures. • County Road B, between Hamline Avenue and Lexington Avenue • Line installation, material staging and restoration. • One-way westbound only traffic. Council Update: • Below is a highlight of items recently presented to and/or acted on by the City Council. More information can be found in the agenda packets and minutes for the referenced Council meeting. o August 8 • Tabled major plat of Brama Vistas. • Adopted a temporary moratorium on the sale, manufacturing and distribution of Tetrahydrocannabinol (THC) Products. August 12 • Approved primary election results. Sustainability Update • Staff continues to refine the Roseville Sustainability Steward Program. There has been progress with the application process, checklist, and the program now has a draft logo: 1`�t���y SUSTAINABLE STEWARD • City outreach & sustainability staff attended the Rice & Larpenteur Summer Block Party on August 13. There was a good turnout and staff engaged attendees with sustainability trivia and handed out LED lightbulbs and other items to residents that stopped by the booth. • Staff sent a mailing to 1,500 households with information about Home Energy Squad discounts, A/C Saver's Switch program, and water efficiency rebates. Major Maintenance Activities: • Street and Storm o Completed new bubbler hose connection at Bennett Lake Waterfall. o Completed 30,000 LF of pavement crack sealing. o Ongoing Street patching. o Ongoing Streetscape weeding. o Ongoing Catch Basin repairs. o Ongoing Sign Work repairs and change outs. o Ongoing monthly leaf/compost turning at the Leaf Recycling Center. o Responded to miscellaneous tree calls for fallen tree branches. • Water and Sanitary Sewer o Located city -owned facilities for Gopher State One Call locate requests. o Made weekly site visits to all lift stations. o Repaired two broken water mains. o Continued repairing water meters and MIUs. o Worked with IT to restore communications on SCADA at the Booster Station. o Continued working with contractor and electrician on motor issues at the ST. Croix storm water lift station. (Filters are in. Working on setting a date for install.) o Collected water samples for bacteriological and disinfection byproducts. o Continued working with AE2S on the 2021 SCADA System Upgrades. o Continued laundering towels weekly used by office personnel for cleaning work areas. o Attended the preconstruction meeting for the Lexington Avenue and County Road B water Main Projects. o In progress the 2022 sanitary sewer cleaning program. o Started locating stop boxes along County Road B for the water main project. o Cleaned lift stations. o Generators have been serviced and inspected. o Darien Schifsky is now the working foreman. o Valve and Vault has been ordered for the Western Street project. Attachments A: 2022 Roseville Project Map B: August Development Activity Report C: Sustainable Roseville August Update Attachment A Little Lake J ROAD D s .Outlet Repla w Johanna DREN < o IonBN� l I AVE AS AVE Lake +°w^ Josephine •, ORED R x sa°°� '. e9° • e a DR Luke ✓asghine 8 S 1k ON 1. o\ xo a i o $y a hw5s �iySTANDRAGEAVE e leEscST w Sao, �,. NY urr000 E oe• ♦ £ rro NO noose,eY GuNY) 3 sQLrPLE JDAUNTY . ..... H TY CENTENNIAL ° `°'� Simpson & C2 x s Underground Age TER T RRACE a` Da ..00a A AD TO derbok yes uro < PKVV IN W J nose = d IN IT V W I� I cUR�Parka Fairview &..Cty_Rd C CSUCAII aaa,~a. ACxae°x ROE stormsewey ImprovementsCT Cl ASKED, A n AVE ® @ AVE ES, m Zry dOR I COUNTY TRANSIT A,hca PpJi iarvi Wr OR ceianhahn annmer—' Ga]f Gmse Inke ica�xP;p:r. , A PC 11 b xwE can IQ R COUNTY CENTENNIAL DO A TERRACE DR y b' CT , IUD's sAVE wo0k—xq7 5ci COUNTY ROAD A COUNTY o' C al gk Cmbvl Park L,, k Lake OAKOCCEST AV OAKC AllillilPwk 5 ;w 5 5 , ,¢ TO a,E Ao g g g s, ) �EST ''> _ y 3 e g�ae. u+ r aJ COUNTY ai�i'�i DUN' ACKAD DUN' P"I BURKE AVE te_1. � m pSHARONDALE 1 rk Pa woof AVEAVEELDRIDGE > E ytwei ¢ ¢EW' av AVE TO S AVE ESGII/a/INOIr. 0 6s g avE p sx N woEEur000 �rvAVE AVE ¢� s o nvax AVE x AVEEa ma g """"i Wands c $ Exg a aea ax x BEERm a d xa x �E, axx �a� z a o g `11 E TOm.w„ xas¢awx AVE xasEuwx xOR xas¢a rvx aOR AN A me AVE ST AUGGLESJ 2022 All Projects ���� • . n ^� City Mill &Overlay �Sanitary Sewer Lining GARoEo � N AVE I County Project Q Sanitary Project y c O NNE w NState Project Sanitary Lift Station Construction Project `E R Y n a 51 �ce IIIC '5��Xl Project O Sanitary Lift Station Design Project OParking Lot s�0• Watermain Pipe Replacement Enx ��, }� Signal Improvement `Iy� i v Q Watermain Project Sources and Contacts Prepared b ^/ New Pathway 'Rameev cnxmy cis Base Map lsmerz27 P Y Y 'awvr Roseville Engineering Department Engineering Department • Storm PfOJZCf ForluaM1er information regaramgthe contentsonhis map contain ° b°eia°i-e°reua°ru w msai�b� ii ii%"em°esaa IXiverivic Cciie, Engineering Depatlmeni, ' .0 ndndNid o May 27, zozz Pathway Resurfacing .mmrv�=.aao�arar,�.:aeoc.«=m=.�Ra=11o'�x,aA.ar; vim' 2eao axle wmerorixe, Roseville nnm ,,,�o.,oru..,..,,o. os o,,,a °A.a.a. 0 u ! N 5 tr I IN IRAIDINEW AVE - ASOTA AVE NES,x VE as R IN OR N vE #F scEys, �DRIDGE xv 0¢BURKE x i __ AE Par k ps ,e ffi 3AYvEVV�cs� DEC", 4 o P¢ T� O AVE I E s 4 VIOD k M�Grroru' GU., Park 4r Tentative,11 cax2022 spo<e rm� xxE � 0 500 1000 1500 2000 Feet m001:�m.a map: Proposeazoz2_Hiwr,ectsp N Attachment x ------------- _----------- --- - - - - - — - - - --- - — - - - --- —--------- - rw Olson ! ■ m o Cm Fly cooled ■SVL I v_ m,,.,erreoyra p I Law Apartment Wars arLet n Cokes AssuredMew®wkome Partners Keller me He Nor at New Nome Pwnllle KawW Compu ■ ■ Wllllaiw ark Ben01 Two lakes OVAL ■ ■ anda&mes ■ ■ ■NormanLmorysua ■ COVAN ntyRasp c Tommy Olucated Commerclal Bengal answers qce does rm ynpw ■ Martal Ai4 y emble FII9Br ■ ■ Com!Raa, At A"Mearalls SnakeFormeerroallFomia stackleanem co ay Rasp ex ■ ■ ■ aamle u cook same ® Amerlon Ba kBl 9Company nope ■ Bewm.m. eaee xnrm ■rated ■ 6 B State munr re®ralrmew F mlileipemnd Two tore ■snomnlnma ■ — v Is■ nFspase t 0 $ 6 ¢• e o anamHand lSa mwwrl ON _ ■ �I I I See Reverse For Project Details Bee BAN Residential ■ Uffixe/Non ReGil ■ Public /IwtRbmmanutidnal Coleman Bold, BSBank ■pawn Amena Upon soFlon■ I ■ ReGil ■Industrial �-_--_--_--_--_--_--_--_--__-----_--_--_--_J 46SHVI Feet PrEparEd by Development Projects: August 2022 ROSEVILLE COMMUNITY DEVELOPMENT DEPARTMENT Updated: Aug 10, 2022 Project Name Address Project Description Applicant/Owner Information Starting Oasis at Twin Lakes (Package 2) 2745 Herschel St Family affordable apartments (Building 1 — 132 Units) Eagle Building Company Summer 2020 Isaac Apartments 2740 Fairview Ave 127 unit market -rate apartments Watson Forsberg Company Spring 2020 The Harbor at Twin Lakes 2730 Herschel St 277 unit senior affordable apartments Eagle Building Company Summer 2021 RESIDENTIAL The Enclave 201-261 McCarrons PI 20 detached townhomes Ovation Homes Summer 2021 Edison II 3090 Old Highway S 60 unit affordable apartments Sand Companies Spring 2022 Residential New Construction 2690 Hamline Ave New single family home Lee Homes Inc Summer 2022 New Townhome Unit 1095 Woodhill Dr 4 Unit Townhome RMX Construction LLC Summer 2022 US Bank 1717 Lexington Ave Demo/Rebuild ATM Financial Institution Services Spring 2021 Joey Meatballs 1595 Highway 36 #1030 Tenant Improvement Biondich Home Service LLC Winter 2021 Jamaican Caribbean Cuisine 1237 Larpenteur Ave Interior Remodel Jamaican Caribbean Cuisine Winter 2021 Taco Libre 2111 Snelling Ave Interior Remodel Construction Pros Winter 2021 North American Banking Company 1901 Oakcrest Ave Interior Remodel Cy -Con Inc Winter 2021 Mall Parking Structure 1595 Highway 36 Partial Demo VCC LCC Spring 2022 Custom Cap and Tire Co 2211 County Road C2 Exterior Remodel Owner Bona Management Spring 2022 Panda Express 2030 Twin Lakes Pkwy New restaurant Copeland Building Corp Summer2022 RETAIL Vacant Space/Former California Closet 1595 Highway 36#633 Tenant Improvement PRIM Contracting Spring 2022 Panera 1620 County Road B2 New Building VCC LCC Spring 2022 Holiday Car Wash 1553 County Road C Addition L & D Maintenance Co Spring 2022 Shake Shack 1630 County Road B2 New Building Schreiber Mullaney Construction Spring 2022 Mall Retaining Wall 1595 Highway 36 Retaining Wall Hardscape Construction Spring 2022 Target 1515 County Road B New EV charging stations Estructure Solutions Summer 2022 Best Buy 1643 County Road B2 Tenant Remodel Brandpoint Services Summer 2022 Holiday Stationstores 1215 Larpenteur Ave New Construction Gardner Builders Summer 2022 SVL 2596 Centre Pointe Dr Interior Remodel St. Paul Construction Company Spring 2020 Five Ninjas Martial Arts 2450 Fairview Ave #100 Interior Remodel Northern Sol Winter 2020 Dedicated Commercial Recovery 1970 Oakcrest Ave Interior Remodel Fixed Assets Inc Winter 2020 Fairview Community School 1910 County Road B Demo Frattalone Companies Winter 2020 Fantasy Flight 1975 County Road B2 Interior Remodel Klodt Inc Fall 2021 Park Dental 1535 County Road C Remodel Engelsma Construction Inc Summer 2021 EasyDX 2656 Patton Rd Interior Remodel Klodt Inc Fall 2021 Turning Leaf Therapy 2559 Hamline Ave Interior Remodel Parkos Construction Company Winter 2021 Next -Tech Development 1501 County Road B Exterior and Interior Improvements Phoenix Companies LLC Winter 2021 NON -RETAIL/ OFFICE Luxury Spa Studios 2593 Hamline Ave Interior Remodel Renew Construction Services Winter 2021 Ampersand Families 1751 County Road B #300 Expansion and Interior Remodel St. Paul Construction Company Spring 2022 Roseville OVAL 2661 Civic Center Dr Interior Remodel Sheehy Construction Spring 2022 Keller Williams 2660 Arthur St Interior Remodel The Bainey Group Spring 2022 State Farm 1751 County Road B Interior Remodel St. Paul Construction Company Spring 2022 Vacant Space 2061 Rice St Interior Remodel United Operations Inc Winter 2021 Assured Partners 2655 Long Lake Rd Interior Office Demo M. Carr Associates Inc Summer 2022 Hand in Hand Montessori 211 North McCarrons Blvd Interior Build -Out Vanguard Builders Inc Summer 2022 Computype 2255 County Road C Interior Demo Prime General Contractors Summer 2022 Brave North 1711 County Road B Tenant Remodel Fixed Assets Inc Summer 2022 Attachment C Contact Us: Engineering Division 2660 Civic Center Dr. Roseville, MN 55113 651-792-7004 Email Us Find us Online! 6646666*6664 Inside this issue: Sustainability Tip PWET Commission Tree Sale Grow Solar Volunteers Needed! Upcoming Events Sustainable 1�b AUGUST 2022 UPDATE Sustainability Tip of Commission discus - the Month sion—Zero Waste Public Works & Engineering Division Roseville Tree Sale Solar Group Purchase Reminder Sustainability Tip of the Month Did you know the average American throws away 70 pounds of clothing each year? Clothing production is very resource —intensive, and only 15% of clothing is recycled or donated, the rest winds up in landfills. Here are some tips to approach clothing more sustainably: 1. Buy less, and keep your clothes longer. Keep a notebook or mark on the tag whenever you wear a piece of clothing to track what you wear most, and invest in pieces that outlast seasonal trends. 2. Learn how to make simple repairs! Our local I community center, Anpetu Teca, offers beginning sewing lessons in their adult education program. A popped button or ripped seam can be repaired, giving that piece of clothing many more wears) 3. Purchase clothing made from natural fabrics. Polyester is cheap, but also re- leases microplastics into our water with each wash. 4. Take good care of your clothes —while convenient, dryers are hard on clothing and cause premature wear. Dry your favorite pieces on a drying rack or clothes line to extend their life. PWET Commission meeting —Zero Waste Discussion When: Tuesday, August 23rd, 6:30pm Where: Roseville City Hall, 2660 Civic Center Drive, or Virtual Our Public Works, Environment, and Transportation (PWET) Commission will be discussing ways to reduce waste from takeout containers and plastic bags at their upcoming August meeting. Join to hear the discussion and voice your opinion) There is currently an open seat on the PWET commission! Fill out an application here —becoming a City of Roseville Commissioner is an excellent way to get more involved in your community and contribute to the City's goals. PAG E 2 Roseville Tree Sale The City of Roseville is within the Emerald Ash Borer in- festation zone, and we've sadly lost many ash trees al- ready to this invasive pest. In an effort to maintain the canopy, Roseville is holding a tree sale for residents wish- ing to plant trees on their private property in the City. Trees cost $40 each, limit 2 per property, and will be avail- able to pick up on October 1, 2022 from 9am-noon at the Roseville Public Works Building, 2660 Civic Center Drive, Roseville MN 55113. For more information, visit CitvofRoseville.com/Treesale. Twin Cities Solar Group Purchase Reminder Interested in powering your home with solar energy? Building on the tremendous success of previous programs, the Midwest Renewable Energy Association (MREA) is partnering with local organizations to once again offer the solar group purchasing pro- gram to property owners throughout the Minneapolis -St. Paul met- ropolitan area. This group purchase will be offered through Sep- tember 30, 2022. The City of Roseville hosted an educational webinar to learn more about solar and how the group purchasing program works. recorded webinar at this link. Volunteer Opportunities You can watch the We're looking for volunteers to help monitor recycling and com- postable waste stations at Tapped & Uncorked! Volunteer shifts are 2 hours each and include a discounted $10 ticket to the event —and a free tshirt!. Volunteers must be 21+, no exceptions. V*4WVolunteers also must attend one training session Thursday, September 22nd at 6pm. Both events are at the Roseville OVAL, 2661 Civic Cen- ter Drive, Roseville MN 55113 ZER®WASTE Help us make the first Zero Waste Tapped & Uncorked event a suc- cess! Email noeIle. bakken(a)cityofroseville.com for more information. Tapped & Uncorked is organized by the Friends of Roseville Parks; ticket proceeds support the City of Roseville Parks. City of Roseville Public Works & Engineering Upcoming Sustainability Events Visit Roseville at the State Fair! -Friday August 26th, 10am- 1 pm, corner of Cooper & Randall. Sustainability Intern Noelle Bakken will be representing the City of Roseville at the Green - Step Cities exhibit in the Eco Experience building! Wild Rice Festival —Saturday, September 17th, 10am-4pm, Harriet Alexander Nature Center. A celebration of wild rice, the Minnesota fall season, and Native American culture. We will be there with some fun sustainability-related activities for both adults and kids! Tapped & Uncorked —Friday, September 23rd, 6-10pm at the OVAL in Roseville. This year we are partnering with Eureka to make this special event Zero Waste! Enjoy local craft beer, wine, and spirits while raising money for your Roseville parks. 21+ only—$35 in advance, $40 at the door. Thank you from your Sustainable Roseville Team! Ryan Johnson Environmental Manager 651-792-7049 Ryan.Johnson(cDcitvofroseville.com jI S©LSMART c o L u Minnesota GreenStep Cities Noelle Bakken Sustainability Intern 651-703-0301 Noelle.Bakken(cDcitvofroseville.com 0 0 W W Z BEST OF B3 BENCHMARKING uyofe A. Roseville Public Works, Environment and Transportation Commission Agenda Item Date: August 23, 2022 Item No: 5 Item Description: Zero Waste Packaging Ordinance Consideration Background: Roseville is home to 108 restaurants as of 2021, and since the onset of the COVID-19 pandemic in 2020, many more customers are opting to get their food to go to avoid dining indoors. Food waste and packaging make up about 45% of all materials in U.S. landfills, and some studies suggest that restaurants account for nearly 80% of disposable packaging waste in the United States. According to Regional Indicators data, an estimated 54% of Roseville's waste was incinerated or landfilled in 2020, or 20,652 tons. (Note that waste data is collected at the county scale and pro- rated by city population.) In March, the PWET Commission received a very thorough presentation from staff on the current state of take out packing/zero waste packaging ordinances in Minnesota. At this meeting, staff will review that information as well as quickly review the attached sample ordinances from cities with current, or planned, restrictions on take out containers. Recommended Action: Receive presentation, consider options for an ordinance related to Zero Waste Packaging in the City of Roseville and provide a recommendation to the City Council. Attachments: A. Presentation B. Sample Ordinances C. Ordinance Comparison Matrix Attachment A Takeout Container Update Public Works Department Public Works Environment and Transportation Commission 23-August-2022 Roseville Restaurants • 108 restaurants in the city as of 2021 • Polystyrene (plastic #6) and expanded polystyrene foam (Styrofoam) is commonly used in food takeout containers • Styrofoam contributes to microplastics in environment • Lightweight and easily scattered • Made of tiny individual pieces that break down into smaller and smaller microparticles, contaminating soil and water • Banned in St. Louis Park and Minneapolis • Food waste packaging makes up ^-45% of materials in U.S. landfills • Last year Roseville landfilled or incinerated over 20,000 tons of waste, 52% of our total waste stream. Minneapolis Ordinance 40 40 40 40 green go X W L64.N PS Plastics: PETE HDPE PP \._ Compostable plastics must meet ASTM standard D6868 or be certified compostable by Cedar Grove or BPI. Effective April 2015 Enforcement by Health Department (Complaint -driven) $200 fine —Administrative penalty Exemptions: • Licensed catering companies, hospitals, nursing homes • Flatware, straws, mfg-prepackaged foods, thin plastic films (<10mils, or 0.01 inch) Edina Green to Go Ordinance • Effective July 2022 • Similar to Minneapolis' Green to Go ordinance • Required to include a container for organic waste collection on -site • Single -use cups and containers with lids must have lids of the same category • Enforcement: City Staff St. Louis Park Ordinance • Effective January 2017 • Complaint -based enforcement by Public Works department • First offence — written warning with 14 days to take action • Fined as administrative penalty or misdemeanor, $100 • City has generally suspended enforcement during the pandemic to avoid additional hardship on restaurants Recyclable Compostable Plastic Metal ; L� Lf% L43 : PETE HDPE PP -- Nast be BPI certified compastable or Compost Manufacturing Alliance certified, except piuo delivery boxes, which do not have to be certij9e rows may only be provided by customer request NOT A: Plastic � Plastic -lined paper L+� PS ran<emjreCmm�wstabfe � ' A Isar Any items labeled "degradable," "brodegrodable," "bro-bosed,"or "plant based" that are NOT certi ted compostable. St. Louis Park Ordinance • Temporary exemptions phased out • Molded fiber products • Paper plates • Asian takeout pails (plastic -lined) • Polystyrene (#6) hot cup lids) • Current temporary exemptions • Paper food wraps and liners • #6 Portion cups and lids <2 oz • Licensed caterers, hospitals, nursing homes excluded • Compostable packaging must be labeled Recyclable Compostable Plastic Metal ; L� Lf% L43 : PETE HDPE PP -- Nast be BPI certified compastable or Compost Manufacturing Alliance certified, except piuo delivery boxes, which do not have to be certij9e rows may only be provided by customer request NOT A: Plastic � Plastic -lined paper L� !ll : ran<emjreCmm�wstabfe � ' A Isar Any items labeled "degradable," "brodegrodable," "bro-bosed,"or "plant based" that are NOT certi ted compostable. St. Paul Ordinance • Went into effect January 2021 • Implementation is delayed due to emergency orders/pandemic • Packaging for immediate consumption of food and beverages must be returnable/reusable, recyclable, or compostable, in accordance to items currently accepted by waste removal services. • Enforceable by department of safety and inspections • Violation is a petty misdemeanor, $200 fine Alternative Materials Recyclable plastics • Polyethylene terephthalate (PET or PETE #1) — commonly seen in plastic water bottles • Very recyclable • Not suitable for hot foods • Clear and good for when food/beverage visibility is preferable • High Density Polyethylene (HDEP #2) —commonly seen in milk jugs • Less reactive with foods & beverages • Can withstand more extreme hot & cold temperatures • Not clear, but can be translucent • Polypropylene (PP #5) • Rigid PP is suitable for hot food Commercially compostable products • Must be BPI certified compostable or Compost Manufacturing Alliance certified • Labels such as "biodegradable," "plant -based," "degradable," etc. are not certified compostable unless they include the above certifications. Aluminum containers • Aluminum is easily recyclable • Not all lids for aluminum takeaway containers are recyclable Recommended Next Steps • Educational + listening sessions for restaurant owners and managers • Speakers from Ramsey County, BizRecycling, MPCA, etc. • Informational flyers & mailings • Packaging fair to connect restaurants with vendors • Phased approach (18-24 months so businesses can budget, apply for grant funding): • Begin with prohibiting a few key materials • Early adopters receive recognition from City's Sustainable Steward award • Annually add more prohibited materials & requirements RAMSEY/WASHINGTON RECYCLING & ENERGY PLASTIC BAG ORDINANCES Minneapolis Bring Your Own Bag ordinance • Passed in 2020, implementation delayed to October 1, 2021 • Retailers charge a minimum 5 cent fee per carryout bag — kept by the retailer to go towards cost of bags, used for other expenses, or donated to charity. Non-taxable. • Fee must be charged to customers and cannot be absorbed by the businesses. • Enforcement [directly from ordinance language]: • The director of community planning and economic development, the director of public works, the commissioner of health, the director of regulatory services, the licensing official and the authorized representatives of those officials shall be authorized to assist with the enforcement of the provisions of this article. • Exemptions: • Businesses without a point of sale system • Farmer's markets • Food banks • Car dealerships & car washes 0 Individuals using a voucher or EBS for MN food assistance programs Minneapolis Bring Your Own Bag ordinance • Bag types included: • 225.910. Definitions. As used in this article: Carryout bag means a paper, or plastic, or reusable bag that is provided by a retail establishment at the check stand, cash register, point of sale, or other point of departure to a customer for the purpose of transporting food or merchandise out of the establishment. • Excludes bags without handles for fruit/vegetables, grains, bakery goods, etc. • Also excludes bags used for food transportation (including takeout) Duluth Plastic Carryout Bag Fee/Ordinance • Passed in 2019, implementation delayed to October 15, 2021 • Retailers charge a 5 cent "pass through" fee per carryout bag — kept by the retailer to go towards cost of bags, used for other expenses or donated to charity. Non-taxable. • Enforcement by city clerk — subject to an administrative offense. • $100 for first violation • Exemptions: • Individuals using SNAP or WIC program funds as full or partial payment • Non -profits • Food banks Duluth Plastic Carryout Bag Fee/Ordinance • Carryout bags do not include: • Bags without handles used to carry produce, meats, etc. • Prescription drug bags • Bags for takeout foods • Newspaper bags • Dry cleaning bags • Paperbags Recommended Next Steps • Connect with Minneapolis staff and businesses for feedback on the ordinance • Educational residents + listening sessions for business owners and • Flyers for distribution at events Questions? Public Works Department Attachment B CITY OF DULTUH Ordinance No. 10662 (19-046-0) ..Title AN ORDINANCE AMENDING CHAPTER 24 OF THE DULUTH CITY CODE BY ADDING A NEW ARTICLE VII REQUIRING A FIVE CENTS CHARGE FOR CARRYOUT BAGS. ..Body BY COUNCILOR WESTERLUND: The city of Duluth does ordain: Section 1. That Chapter 24 of the Duluth City Code is hereby amended by adding a new Article VII as follows: Article VII. Carryout Bags Section 24-39. Findings of fact and statement of purpose (a) The Duluth city council finds as follows: 1. Single use carryout bags are polluting city waterways and sewers, endangering wildlife, contributing to climate change, and causing unsightly litter; and 2. Single use carryout bags clog storm -water drains; and 3. Plastic single use carryout bags last for many years in community landfills and are a potential source of harmful chemical pollution: and 4. It is in the best interests of the health, safety and welfare of the citizens and visitors of Duluth to reduce the cost to the city of litter clean up and solid waste disposal and to protect our environment and our natural resources by reducing the distribution of single use carryout bags and incentivizing the use of reusable bags in the city. (b) The purpose of this Article is to reduce cost of litter clean up and waste disposal and to improve the environment of Duluth by encouraging the use of reusable carryout bags by imposing a pass through fee on single use carryout bags for retail checkout of purchased goods. Section 24-40. Definitions (a) Carryout bag. Carryout bag means a plastic bag that is provided by a retail establishment at the check stand, cash register, point of sale or other point of departure to a customer for the purpose of transporting food or merchandise out of the establishment. Carryout bags do not include the following: 1. Any bag without handles used exclusively to carry produce, meats, other food items or merchandise to the point of sale inside a store or to prevent such items from coming into direct contact with other purchase items; 2. Bags provided by pharmacists to contain prescription drugs; 3. Bags used to transport take-out foods and prepared liquids intended for consumption away from the retail establishment; 4. Newspaper bags, door -hanger bags, laundry -dry cleaning bags, bags used to protect fine art paper or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags; or 5. Bags made out of paper. (b) Pass -through charge. Pass -through charge means a charge to be collected by retailers from their customers when providing carryout bags and retained by retailers to offset the cost of bags and other costs related to the pass -through charge. (c) Retail establishment. A retail establishment means any person, corporation, partnership, business venture, public sports or entertainment facilities, government agency, street vendor or vendor at public events or festivals or organizations that sell or provide merchandise, goods, or materials including, without limitation, clothing, food, beverages, household goods, or personal items of any kind directly to a customer. Not - for -profit organizations, food banks and other food assistance programs are not considered to be retail establishment for the purposes of this section. Section 24-41. Pass -through charge (a) Retail establishments shall collect a pass -through charge of not less than five cents for each carryout bag provided to customers. It shall be a violation of this section for any retail establishment to pay or otherwise reimburse a customer for any portion of the pass -through charge. All retail establishment shall indicate on the customer's transaction receipt the number of carryout bags provided and the total amount of the pass -through charge. (b) No retail establishment shall collect a pass through charge for items purchased by any person using Supplemental Nutrition Assistance Program (SNAP) or Women, Infants, and Children (WIC) Program funds as full or partial payment. (c) No retail establishment shall charge a pass through fee or prevent a customer from using a bag of any kind that the customer brought for the purposes of carrying goods from such business establishment. Section 24-42. Signage Retail establishment must post signage clearly indicating the per bag charge for carryout bags. Section 24-43. Enforcement and Penalties (a) The city clerk shall be authorized to assist with the enforcement of the provisions of this article. Violations of this article may be enforced as administrative offenses pursuant to Chapter 12 of the Duluth City Code. This article may also be enforced by injunction, abatement, mandamus, or any other appropriate civil, administrative or criminal remedy in any court of com petent jurisdiction. (b) A fine may be imposed upon any retail establishment that has provided a carryout bag to a customer in violation of this Article, as follows: 1. A fine not exceeding one hundred dollars ($100.00) for a first violation; 2. A fine not exceeding two hundred dollars ($200.00) for a second violation within one year of the first violation; and; 3. A fine not exceeding three hundred dollars ($300.00) for a third violation and subsequent violations within one year of the second or greater violation. (c) In the event of a continuing violation, each day such offense continues shall constitute a separate additional violation . (d) If a retail establishment does not violate this Article for one year, a new violation will be considered a first violation. Section 2. That this ordinance shall take effect on April 1, 2020. ..Statement of Purpose STATEMENT OF PURPOSE: The purpose of this ordinance is to reduce litter and the harmful environmental impact caused by single use carryout bags by imposing a five cents pass through fee on carryout bags. CITY OF EDINA Subpart A - CODE OF ORDINANCES Chapter 20- HEALTH AND ENVIRONMENT ARTICLE XII. GREEN TO GO PACKAGING ARTICLE XII. GREEN TO GO PACKAGING DIVISION 1. GENERALLY Sec. 20-636. Purpose and objectives. The purpose and intent of this article is to: (1) Promote waste reduction. a. Lowering the amount of greenhouse gases emitted during the incineration and landfilling of non - recyclable and compostable food and beverage packaging and non -packaging items. b. Assisting the City in reaching the waste reduction goals established by the State of Minnesota and Hennepin County. (2) Promote waste prevention. a. By encouraging the use of reusable food and beverage packaging when possible. b. By reducing or eliminating products that create waste such as single -use, disposable food and beverage packaging and non -packaging items that cannot be recycled or composted, and must be disposed of by incinerating or landfill. (3) Promote waste recycling by maximizing the amount of single -use food and beverage packaging and non -packaging items that can be recycled or composted. (4) Minimize contamination in organics and recycling. ( Ord. No. 2021-11 , § 1, 11-3-2021) Sec. 20-637. Definitions. The following words shall have the meaning ascribed to them, unless the context clearly indicates a different meaning: Certified compostable shall mean that a material or product will biodegrade without leaving a residue or any toxicity in the soil. Any compostable plastics or lined papers must meet the ASTM standards for compostable products, as certified by the Biodegradable Products Institute or other similar independent certification bodies. Commercially compostable shall mean that certified compostable materials will biodegrade at a commercial site used to compost organic materials where the environment is carefully controlled and regulated to facilitate optimal degradation. Food and beverage packaging shall mean packaging used to serve food and beverage products intended for immediate consumption including cups, plates, bowls, serving trays, to -go containers, clamshells, wrappers, and lids. Food establishment shall mean a "food establishment" as defined by Edina City Code. Edina, Minnesota, Code of Ordinances (Supp. No. 12, Update 4) Created: 2022-e7-29 14:55:ee [EST] Page 1 of 4 Green to go packaging shall mean and include any of the following: Compostable packaging: packaging that is separable from solid waste by the generator or prior to collection for the purpose of composting. Compostable packaging must be made of unlined paper (unless lining is certified compostable), certified compostable plastic that meets ASTM standards or other cellulose -based packaging capable of being decomposed through composting or anaerobic digestion. Recyclable packaging: food or beverage packaging that is separable from solid waste prior to collection for the purpose of recycling. Recyclable packaging must be accepted by the local material recovery facilities (MRF) receiving and processing the materials and have existing robust recycling markets as determined by Hennepin County. This includes glass bottles, aluminum cans and plastic food and beverage packaging. Plastic food and beverage packaging that is acceptable as determined by Hennepin County. Mobile food unit shall mean "mobile food unit" as defined in Edina City Code. Non -packaging food service items shall mean items that are not packaging, but are used to consume food, including straws and utensils. Reusable packaging shall mean food or beverage packaging that is capable of being refilled at a retail location or returned to the distributor for reuse at least once as a container for the same food or beverage. Single -use shall mean an item designed and intended for a single use. ( Ord. No. 2021-11 , § 1, 11-3-2021) DIVISION 2. ON -SITE COLLECTION FOR RECYCLABLES AND COMPOSTABLE PACKAGING Sec. 20-638. Rules. (a) No person owning, operating or conducting a food establishment or any person or organization providing free food or beverage products within the City of Edina in a manner which would require a permit or license, shall do or allow to be done any of the following within the city: (1) Provide or possess for sale any packaging which is not green to go. Presence of food and beverage packaging other than Green to Go will be presumed as non-compliance with this article. (2) This subparagraph shall not apply to manufacturers, brokers or warehouse operators, who conduct or transact no retail food or beverage business. (b) To reduce contamination in recycling and organics, mobile use -food establishments and all other food establishments shall implement the following: (1) Single -use cups and containers that are utilized with lids shall have lids of the same category of packaging. (2) Recyclable packaging shall only have recyclable lids. (3) Compostable packaging shall only have compostable lids. (c) Compostable cups shall be labeled to clearly indicate to the consumer that the cup is compostable. Labeling must include at least one of the following: (1) The words "certified compostable," "commercially compostable" or other language which meet ASTM standards. "Made from plants," "bio-based," or "biodegradable" are not acceptable alternatives on their own. (Supp. No. 12, Update 4) Created: 2022-07-29 14:55:ee [EST] Page 2 of 4 (2) The logo of a third -party certification or testing body indicating the cup meets compostability standards, as approved by the City of Edina. (d) All food establishments shall implement the following in relation to non -packaging food service items: (1) Single -use utensils including, but not limited to, forks, spoons, and knives shall be compostable. (2) Single -use straws of any kind shall only be provided to consumers upon request. Front -of -house straw dispensers, which allow for customers to self -serve, meet this requirement. (e) A food establishment which utilizes single -use compostable and/or recyclable food packaging to serve consumers on -site shall have on -site collection for recyclable and/or compostable packaging. (1) A food establishment that does not utilize single -use packaging to serve consumers on -site is exempt from the requirement to have on -site collection for recyclable and/or compostable packaging. (2) A food establishment that does not have dine -in seating for consumers is exempt from the requirement to have on -site collection for recyclable and/or compostable packaging. (3) If a mobile food unit or establishment is being hosted by an entity as part of an event or regular business, the hosting entity shall provide on -site collection for recyclable and/or compostable packaging. (f) Containers for the on -site collection of recyclable and/or compostable packaging shall be co -located with garbage containers. (1) If garbage receptacles are available to consumers, then receptacles for separating recyclable and/or compostable packaging must also be made available to consumers in the same location. (2) If garbage receptacles are not available to consumers and are instead placed in areas for use by staff only, then receptacles for separating recyclable and/or compostable packaging are only required in those locations. (g) A food establishment shall arrange for the collection of recyclable and/or compostable packaging by a licensed solid waste collector for delivery to an appropriate transfer station or processing facility. ( Ord. No. 2021-11, § 1, 11-3-2021) Sec. 20-639. Exclusions and exceptions. Notwithstanding any other provisions to the contrary, this article shall not apply to: (1) Manufacturers, brokers, distributors or warehouse operators who conduct or transact no retail food or beverage business; (2) Food and beverage service provided through patient care at hospitals and nursing homes; (3) Food packaging pre -packaged by a manufacturer, producer or distributor; (4) Plastic films less than ten mils in thickness; (5) Any packaging, which is not considered green to go packaging, but for which there is no commercially available alternative as determined by the City of Edina, following Hennepin County guidance. In determining whether there are commercially available alternatives, the City of Edina will consider whether there is availability of green to go packaging for affected products. Every rule creating an exemption under this paragraph may be reviewed by the City of Edina. ( Ord. No. 2021-11 , § 1, 11-3-2021) (Supp. No. 12, Update 4) Created: 2022-07-29 14:55:ee [EST] Page 3 of 4 Sec. 20-640. Enforcement. The city shall have the duty and the authority to enforce provisions of this chapter pursuant to City Code section 20-445. ( Ord. No. 2021-11 , § 1, 11-3-2021) Sec. 20-641. Severability. If any part or provision of this article or the application thereof to any person, entity, or circumstances shall be judged unconstitutional or invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application which is directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this article or the application thereof to other persons, entities, or circumstances. ( Ord. No. 2021-11 , § 1, 11-3-2021) (Supp. No. 12, Update 4) Created: 2022-07-29 14:55:ee [EST] Page 4 of 4 CITY OF MINNEAPOLIS - CODE OF ORDINANCES Title 10 - FOOD CODE CHAPTER 204. ENVIRONMENTAL PRESERVATION: ENVIRONMENTALLY ACCEPTABLE PACKAGING CHAPTER 204. ENVIRONMENTAL PRESERVATION: ENVIRONMENTALLY ACCEPTABLE PACKAGING 204.10. Legislative purpose. The city council finds that discarded packaging from foods and beverages prepared for immediate consumption constitutes a significant and growing portion of the waste in Minneapolis' waste stream. Regulation of food and beverage packaging, therefore, is a necessary part of any effort to encourage a recyclable and compostable waste stream, thereby reducing the disposal of solid waste and the economic and environmental costs of waste management for the citizens of Minneapolis and others working or doing business in Minneapolis. The council further finds that plastic packaging is rapidly replacing other packaging material, and that some plastic packaging used for foods and beverages is nonreusable, nonreturnable, nonrecyclable and noncompostable. The council also finds that the two (2) main processes used to dispose of discarded nonreusable, nonreturnable, nonrecyclable and noncompostable plastic food and beverage packaging are land filling and incineration, both of which should be minimized for environmental reasons. The council therefore finds that the minimization of nonreusable, nonreturnable, nonrecyclable and noncompostable food and beverage packaging originating at retail food establishments and at events providing food and/or beverages within the city of Minneapolis is necessary and desirable in order to minimize the city's waste stream, so as to reduce the volume of landfilled waste, to minimize toxic by-products of incineration, and to make our city and neighboring communities more environmentally sound places to live. (89-Or-060, § 1, 3-31-89; 96-Or-059, § 1, 6-28-96; 2014-Or-023, § 1, 5-23-14) 204.20. Definitions. As used in this chapter, the following terms and phrases shall have the meanings as defined in this section: (a) Packaging shall mean and include food or beverage cans, bottles or containers used to package food and beverage products for distribution including glasses, cups, plates, serving trays, and to -go containers; but shall specifically exclude foods pre -packaged by the manufacturer, producer or distributor; plastic knives, forks and spoons sold or intended for use as utensils; and plastic films less than ten (10) mils in thickness. (b) Environmentally acceptable packaging shall mean and include any of the following: (1) Reusable and returnable packaging: Food or beverage containers or packages, such as, but not limited to, water bottles, growlers, milk containers and bulk product packaging that are capable of being refilled at a retail location or returned to the distributor for reuse at least once as a container for the same food or beverage; (2) Recyclable packaging: Packaging that is separable from solid waste by the generator or during collection for the purpose of recycling including glass bottles, aluminum cans and plastic food and beverage packaging that have robust recycling markets. For the purposes of this chapter, environmentally preferable plastic packaging includes the following plastic types: Minneapolis, Minnesota, Code of Ordinances (Supp. No. 65, Update 3) Created: 2022-08-05 09:54:23 [EST] Page 1 of 4 a. Polyethylene Terephthalate (#1 PET or PETE); b. High Density Polyethylene (#2 HDPE); and C. Polypropylene (#5 PP). (3) Compostable packaging: Packaging that is separable from solid waste by the generator or during collection for the purpose of composting. Compostable packaging must be made of paper, certified compostable plastics that meet ASTM D6400 or ASTM D6868 for compostability or other cellulose -based packaging capable of being decomposed through composting or anaerobic digestion. (c) Food establishment, as used in this chapter, means a "food establishment" as defined in section 186.50 of the Minneapolis Code of Ordinances. (89-Or-060, § 1, 3-31-89; 90-Or-067, § 1, 2-23-90; 96-Or-059, § 2, 6-28-96; 2013-Or-145, § 1, 12-6-13; 2014-Or-023, § 2, 5-23-14) 204.30. Prohibitions and duties. (a) No person owning, operating or conducting a food establishment or any person or organization providing free food or beverage products within the city of Minneapolis pursuant to a permit or license, or in a manner which would require a permit or license, shall do or allow to be done any of the following within the city: Sell or convey at retail or possess with the intent to sell or convey at retail any food or beverage intended for immediate consumption contained, at any time at or before the time or point of sale, in packaging which is not environmentally acceptable packaging. The presence on the premises of the food establishment of packaging which is not environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey at retail, or to provide to retail customers packaging which is not environmentally acceptable packaging; provided, however, that this subparagraph shall not apply to manufacturers, brokers or warehouse operators, who conduct or transact no retail food or beverage business. (b) Packaging used to contain food or beverages intended for immediate consumption shall be considered environmentally acceptable packaging only when the food establishment provides consumers with an opportunity to recycle and/or appropriately manage compostable plastics and utilizes a qualified recycling and/or organics management system. At public events and markets, such as farmers markets, the event food sponsor or market manager shall be responsible for providing a qualified recycling and/or organics management system for event and market vendors and consumers. (1) Aqualified recycling system shall have the following elements: a. A clear and verifiable process for separating recyclable packaging from discarded solid waste; and b. Collection and delivery of recyclable packaging to a recycling facility for processing in the same or at least similar manner as recyclable packaging collected in a municipally approved recycling program. (2) Aqualified organics management system shall have the following elements: a. A clear and verifiable process for separating organic materials from discarded solid waste; and b. Collection and delivery of organic materials to a food to people, food to animals, organics composting or anaerobic digestion facility in the same manner or at least similar manner as organic materials collected in a municipally approved organics management program. (89-Or- 060, § 1, 3-31-89; 96-Or-059, § 3, 6-28-96; 2014-Or-023, § 3, 5-23-14; Ord. No. 2019-054 , § 1, 11- 22-19) (Supp. No. 65, Update 3) Created: 2022-08-05 09:54:22 [EST] Page 2 of 4 204.40. Enforcement. The environmental health division of the health department shall have the duty and the authority to enforce the provisions of this chapter. The license official shall also have authority to enforce the provisions of this chapter. (89-Or-060, § 1, 3-31-89; 96-Or-059, § 4, 6-28-96; 2013-Or-145, § 2, 12-6-13; 2014-Or-023, § 4, 5-23-14) 204.50. Rules and regulations. The environmental health division may, upon notice and hearing, promulgate such rules and regulations as may be necessary to carry out the purposes of this chapter and protect the health of the public, including the development of exemptions under section 204.70 for packaging for which there is no reasonable commercially available alternative. In promulgating such rules, the division shall consider the legislative purposes provided in section 204.10 of this chapter and shall consult with the operators of affected food establishments. (89-Or-060, § 1, 3-31- 89; 96-Or-059, § 5, 6-28-96; 2013-Or-145, § 3, 12-6-13; 2014-Or-023, § 5, 5-23-14) 204.60. Reserved. Editor's note (s)—Ord.\No. 2014-Or-023, § 6, adopted May 23, 2014, repealed § 204.60, which pertained to advisory committee on environmentally acceptable packaging. See also the Code Comparative Table. 204.70. Exemptions. Notwithstanding any other provision to the contrary, this chapter shall not apply to: (a) Any packaging used at hospitals or nursing homes. (b) Any packaging which is not environmentally acceptable, but for which there is no commercially available alternative as determined by the environmental health division by rule promulgated pursuant to section 204.50. In determining whether there are commercially available alternatives, the environmental health division shall consider the following: (1) The availability of environmentally acceptable packaging for affected products; (2) The economic consequences to manufacturers, suppliers, retailers and other vendors of requiring environmentally acceptable packaging when available; and (3) The competitive effects on manufacturers, suppliers, retailers and other vendors involved in the sale of product brands or labels available only in packaging that is not environmentally acceptable packaging. Every rule creating an exemption under this subsection (b) shall be reviewed annually by the environmental health division to determine whether current conditions continue to warrant the exemption. (c) Frontof the house exemption. The following food establishments shall be exempt from providing a qualified recycling and/or organics collection system in the front of house, but shall otherwise remain responsible for providing qualifying environmentally acceptable packaging: (1) Mobile food vehicle, limited; (2) Mobile food vehicle, non-profit free food distributor; (3) Mobile food vehicle; (Supp. No. 65, Update 3) Created: 2022-08-05 09:54:22 [EST] Page 3 of 4 (4) A food establishment where customer dishes and utensils are removed from the table by restaurant employees only; (5) Seasonal and short-term food establishments (permitted vendors), and food stands; (6) Sidewalk cart food vendor; and (7) Mobile food stores. (89-Or-060, § 1, 3-31-89; 90-Or-067, § 2, 2-23-90; 95-Or-044, § 1, 3-31-95; 96-Or-059, § 7, 6-28-96; 2013-Or-145, § 5, 12-6-13; Ord. No. 2019-054, § 2, 11-22-19) 204.80. Penalties. Each violation of any provision of this chapter or of lawful regulations promulgated under section 204.50 hereof shall be punishable as an administrative offense pursuant to Chapter 2 of this Code. Each day on which a violation occurs constitutes a separate violation. (89-Or-060, § 1, 3-31-89; 2014-Or-023, § 7, 5-23-14) 204.90. License adverse action. Aviolation of section 204.30 shall be sufficient grounds for the revocation, suspension, denial or nonrenewal of any license for the food establishment at which the violation occurs. (89-Or-060, § 1, 3-31-89) 204.100. Severability. If any part or provision of this chapter or the application thereof to any person, entity, or circumstances shall be adjudged unconstitutional or invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application which is directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons, entities, or circumstances. (89-Or-060, § 1, 3-31-89) 204.110. Effective date. This ordinance shall take effect April 22, 2015. (89-Or-060, § 1, 3-31-89; 90-Or-067, § 3, 2-23-90; 2014-Or-023, § 8, 5-23-14) (Supp. No. 65, Update 3) Created: 2022-08-05 09:54:22 [EST] Page 4 of 4 CITY OF ST LOUIS PARK Chapter 12 Environment and Public Health Article VI. Zero Waste Packaging Sec. 12-201. Legislative purpose. Sec.12-202. Definitions. Sec. 12-203. Prohibitions and duties. Sec. 12-204. On -site collections for recyclable and compostable packaging. Sec. 12-205. Rules and regulations. Sec. 12-206. Exclusions and exemptions. Sec. 12-207. Violations and enforcement. Sec.12-208. Severability. Sec. 12-209. Effective date. Sec. 12-210 —12-250. Reserved. Article VI. Zero Waste Packaging Sec. 12-201. Legislative purpose. The City of St. Louis Park is committed to being a leader in environmental stewardship and to increasing environmental consciousness and responsibility in all areas of city business. The purpose and intent of this ordinance is to: (a) Encourage the use of reusable food and beverage packaging when possible; (b) Minimize the amount of single -use, disposable food and beverage packaging that must be thrown in the garbage, and thus disposed via incineration or landfilling; (c) Maximize the amount of single -use food and beverage packaging items that can be recycled or composted; and (d) Minimize contamination in organics and recycling. Sec.12-202. Definitions. As used in this chapter, the following terms and phrases shall have the meanings as defined in this section: Compostable packaging shall mean packaging that is separable from solid waste prior to collection for the purpose of composting or anaerobic digestion. Compostable packaging must be made of unlined paper (unless lining is certified compostable), certified compostable plastic that meets ASTM D6400 or ASTM D6868 or other material accepted by the facility receiving and processing the materials as determined by the St. Louis Park Public Works Division by rule promulgated pursuant to Section 12-205. Food and beverage packaging shall mean packaging used to serve food and beverage products intended for immediate consumption including cups, plates, bowls, serving trays, to -go containers, clamshells, wrappers, and lids. Food establishment shall mean a "food establishment' as defined by Chapter 3.3.1 Hennepin County Code of Ordinances. Mobile use food establishment shall mean "mobile use -food" as defined in Chapter 36-142(g)(5) of the City Code of Ordinances. Non -packaging food service items shall mean items that are not packaging, but are used to consume food, including straws and utensils. Recyclable packaging shall mean food or beverage packaging that is separable from solid waste prior to collection for the purpose of recycling. Recyclable packaging must be accepted by the local material recovery facilities receiving and processing the materials and have existing robust recycling markets as determined by the St. Louis Park Public Works division by rule promulgated pursuant to Section 12-205. Reusable packaging shall mean food or beverage packaging that is capable of being refilled at a retail location or returned to the distributor for reuse at least once as a container for the same food or beverage. Single -use shall mean an item designed and intended for a single use. Zero waste packaging shall mean and include reusable packaging, single -use recyclable packaging, and single -use compostable packaging. Sec. 12-203. Prohibitions and duties. (a) No person owning, operating or conducting a food establishment or any person or organization providing free food or beverage products within the City of St. Louis Park pursuant to a Hennepin County or Minnesota Department of Agriculture permit or license, or in a manner which would require a permit or license, shall do or allow to be done any of the following within the city: (1) Sell or convey at retail or possess with the intent to sell or convey at retail any food or beverage packaging which is not zero waste packaging. The presence on the premises of the food establishment of packaging which is not zero waste packaging shall constitute a rebuttable presumption of intent to sell or convey at retail, or to provide to retail customers packaging which is not zero waste packaging. (b) To reduce contamination in recycling and organics, mobile use -food establishments shall implement the following by January 1, 2020, and all other food establishments shall implement the following by July 1, 2020: (1) Single -use cups and containers that are utilized with lids shall have lids of the same category of packaging. a. Recyclable packaging shall only have recyclable lids; b. Compostable packaging shall only have compostable lids. (2) Compostable cups shall be labeled to clearly indicate to the consumer that the cup is compostable. Labeling must include at least one of the following: a. The words "certified compostable," "commercially compostable" or other language, as approved by the St. Louis Park Public Works Division by rule promulgated pursuant to Section 12-205. "Made from plants," "bio-based," or "biodegradable" are not acceptable alternatives on their own,- b. The logo of a third -party certification or testing body indicating the cup meets compostability standards, as approved by the St. Louis Park Public Works Division by rule promulgated pursuant to Section 12-205. (c) All food establishments shall implement the following in relation to non -packaging food service items by January 1, 2020: (1) Single -use utensils including, but not limited to, forks, spoons, and knives shall be compostable. (2) Single -use straws of any kind shall only be provided to consumers upon request. Front - of -house straw dispensers, which allow for customers to self -serve, meet this requirement. Sec. 12-204. On -site collection for recyclable and compostable packaging. (a) A food establishment which utilizes single -use compostable and/or recyclable food packaging to serve consumers on -site shall have on -site collection for recyclable and/or compostable packaging. (1) A food establishment that does not utilize single -use packaging to serve consumers on -site is exempt from the requirement to have on -site collection for recyclable and/or compostable packaging. (2) A food establishment that does not have dine -in seating for consumers is exempt from the requirement to have on -site collection for recyclable and/or compostable packaging. (3) If a mobile use -food establishment is being hosted by an entity as part of an event or regular business, the hosting entity shall provide on -site collection for recyclable and/or compostable packaging. (b) Containers for the on -site collection of recyclable and/or compostable packaging shall be co - located with garbage containers. (1) If garbage receptacles are available to consumers, then receptacles for separating recyclable and/or compostable packaging must also be made available to consumers in the same location. (2) If garbage receptacles are not available to consumers and are instead placed in areas for use by staff only, then receptacles for separating recyclable and/or compostable packaging are only required in those locations. (c) A food establishment shall arrange for the collection of recyclable and/or compostable packaging by a licensed solid waste collector for delivery to an appropriate transfer station or processing facility. Sec. 12-205. Rules and regulations. The St. Louis Park Public Works Division may promulgate such rules and regulations as may be necessary to carry out the purposes of this article and protect the health of the public, including: (a) A list of recyclable and compostable packaging that meets definitions under Section 12-202; (b) A list of third -party certification or testing bodies that meet the requirements under Section 12- 203(b)(2); (c) A list of exemptions under Section 12-206(e). In promulgating such rules, the division shall consider the legislative purposes provided in Section 12-201 of this ordinance and shall consult with the operators of affected food establishments, local material recovery facilities and local commercial composting facilities. The public works division rules and regulations shall be approved by council annually. Sec. 12-206. Exclusions and exemptions. Notwithstanding any other provisions to the contrary, this ordinance shall not apply to: (a) Manufacturers, brokers, distributors or warehouse operators who conduct or transact no retail food or beverage business; (b) Food and beverage service provided through patient care at hospitals and nursing homes; (c) Food packaging pre -packaged by a manufacturer, producer or distributor; (d) Plastic films less than ten (10) mils in thickness; (e) Any packaging, which is not zero waste packaging, but for which there is no commercially available alternative as determined by the St. Louis Park Public Works Division by rule promulgated pursuant to Section 12-205. In determining whether there are commercially available alternatives, the public works division will consider whether there is availability of zero waste packaging for affected products. Every rule creating an exemption under this paragraph will be reviewed annually by the public works division to determine whether current conditions continue to warrant the exemption. Sec. 12-207. Violations and enforcement. (a) Violations of this ordinance shall be punishable as a misdemeanor pursuant to City Code Section 1-13, and/or an administrative offense pursuant to City Code Section 1-14, Administrative Penalties. (b) The administrative offenses provided for in this article shall be in addition to any other legal or equitable remedy available to the city for city code violations. (c) At the time a violation occurs, a warning notice will be given in writing. The food establishment will be given 14 calendar days to take corrective action before a fine is issued. Sec. 12-208. Severability. If any part or provision of this ordinance or the application thereof to any person, entity, or circumstances shall be judged unconstitutional or invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application which is directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this ordinance or the application thereof to other persons, entities, or circumstances. Sec. 12-209. Effective date. Unless otherwise indicated, this ordinance shall take effect January 1, 2017. Sec. 12-210--12-250. Reserved. (Ordinance No. 2485-15, 12-21-15; Ordinance No. 2561-19, 6-17-19) CITY OF ST PAUL PART II - LEGISLATIVE CODE Title XXIII -PUBLIC HEALTH, SAFETY AND WELFARE Chapter 236. Environmental Preservation: Plastic Packaging Chapter 236. Environmental Preservation: Plastic Packaging' Sec. 236.01. Legislative purpose. (a) The council finds that discarded packaging from foods and beverages constitutes a significant and growing portion of the waste in Saint Paul's waste stream. Regulation of food and beverage packaging, therefore, is a necessary part of any effort to encourage a recyclable and compostable waste stream, thereby reducing the disposal of solid waste and the economic and environmental costs of waste management for the citizens of Saint Paul and others working or doing business in Saint Paul. (b) The council further finds that plastic packaging is rapidly replacing other packaging material and that most plastic packaging used for foods and beverages is non-compostable, nonreturnable and nonrecyclable. (c) The council also finds that the two (2) main processes used to dispose of discarded non-com postable, nonreturnable and nonrecyclable plastic foods and beverage packaging are land filling and incineration, both of which should be minimized for environmental reasons. (d) Chemicals hazardous to human health and to the safety of the environment are present in the composition of plastic packaging and have been found to escape into the air when this packaging is burned in incinerators and contribute to environmental problems associated with ash residue resulting from the incineration process. (e) The council, therefore, finds that the minimization of non-com postable, nonreturnable and nonrecyclable food and beverage packaging originating at retail food establishments within the City of Saint Paul is necessary and desirable in order to reduce the city's waste stream, so as to reduce the volume of landfilled waste, to minimize toxic by-products of incineration, to make the waste stream less damaging to the environment, and to make our city and neighboring communities more environmentally sound places to live. (f) The council finds that the plastic packaging used for foods and beverages contributes significantly to litter and the disposal of litter, is more difficult to collect, and lasts indefinitely until picked up or cleaned up. (g) The council has also been made aware of the facts recited in the addendum to the ordinance from which this chapter was derived, which facts have been weighed and considered as part of the record supporting its passage. (Ord 17-29, § 1, 3-6-19, eff. 1-1-22) Sec. 236.02. Definitions. As used in this chapter, the following terms and phrases shall have the meanings as defined in this section: 'Editor's note(s)—Ord 17-29, §§ 1-10, adopted March 6, 2019 and effective January 1, 2022, in effect, repealed ch. 236 §§ 236.01-236-10 and enacted a new ch. 236 as set out herein. Former ch. 236 pertained to similar subject matter and derived from Ord. No. 17650, § 1, adopted April 27, 1989; Ord 17719, §§ 1, 3, 4, 7, adopted April 12, 1990; and C.F. No. 07-149, § 59, adopted March 28, 2007. St. Paul, Minnesota, Code of Ordinances (Supp. No. 121, Update 2) Created: 2022-08-01 14:33:23 [EST] Page 1 of 4 Director shall mean the director of the department of safety and inspections or his or her designee. Environmentally acceptable packaging shall mean and include: (1) Returnable and reusable packaging shall mean food or beverage containers or packages, such as, but not limited to, soft drink bottles, growlers, and milk containers, that are capable of being returned to the distributor, such as, but not limited to, dairies and soft drink bottlers, for reuse as the same food or beverage container use at least once; (2) Recyclable packaging shall mean packaging materials that are separable from solid waste, by the generator or during collection for the purpose of recycling, for which there are city -approved contracts for collection for recycling in an organized and approved program; (3) Compostable packaging shall mean packaging materials that are separable from solid waste, by the generator or during collection for the purpose of composting, for which there are city -approved contracts for collection for composting in an organized and approved program, or as determined by the director. Owner shall mean any person, agent, operator, firm or corporation having a legal or equitable interest in a retail food establishment. Packaging shall mean and include all food -related wrappings, adhesives, cords, bindings, strings, tapes, ribbons, boxes, coverings and containers, and shall further include cups, cans, glasses and similar containers for drinking out of or for holding liquids, and plates and serving trays but shall specifically exclude foods prepackaged by the manufacturer, producer, or distributor. Qualified recyclingsystem, as used in this chapter, means a recycling system with a clear and verifiable process for separating recyclable packaging from discarded solid waste; and collection and delivery of recyclable packaging to a recycling facility for processing in the same or at least similar manner as recyclable packaging collected in a municipally approved recycling program. Qualified organics system, as used in this chapter, means an organics system with a clear and verifiable process for separating organic materials from discarded solid waste; and collection and delivery of organic materials to a food to people, food to animals, organics composting or anaerobic digestion facility in the same manner or at least similar manner as organic materials collected in a municipally approved organics program. Retail food establishment, shall mean a food and beverage service establishment, food cart or mobile food unit as defined in Minnesota Statutes Chapter 157.15, Food Beverage and Lodging. (Ord 17-29, § 2, 3-6-19, eff. 1-1-22) Sec. 236.03. Prohibitions and duties. It shall be unlawful for any person, owner, or corporation who owns, operates or manages a retail food establishment located within the City of Saint Paul to do any of the following: (1) To sell or convey at retail, or possess with the intent to sell or convey at retail, any food or beverage intended for immediate consumption that is placed, wrapped or packaged at any time at or before the time or point of sale in or on packaging that is not environmentally acceptable packaging; or (2) To provide to retail customers, or possess with the intent to provide to retail customers, packaging that is not environmentally acceptable packaging; or (3) To fail to provide retail customers with an opportunity to appropriately recycle by offering a qualified recycling system and/or a qualified organics system. (Supp. No. 121, Update 2) Created: 2022-08-01 14:33:23 [EST] Page 2 of 4 The presence on the premises of the retail food establishment of packaging that is not environmentally acceptable packaging shall constitute a rebuttable presumption of intent to sell or convey at retail, or to provide to retail customers packaging that is not environmentally acceptable packaging; provided, however, that this subparagraph shall not apply to manufacturers, brokers or warehouse operators, who conduct or transact no retail food or beverage business. (Ord 17-29, § 3, 3-6-19, eff. 1-1-22) Sec. 236.04. Reserved. Sec. 236.05. Rules and regulations. The director may upon notice and hearing promulgate such rules and regulations as he or she deems necessary to carry out the aims of this chapter and protect the health of the public, including the development of exemptions under section 236.06 for which there is no commercially available alternative and for flexible packaging, in harmony with the legislative purposes set forth in section 236.01 of this chapter. In any decision concerning exemptions under section 236.06, the director shall make written findings to support the decision. (Ord 17-29, § 5, 3-6-19, eff. 1-1-22) Sec. 236.06. Exemptions. Notwithstanding any other provision to the contrary, this chapter shall not apply to: (a) Any flexible packaging material of ten (10) mils or less unless specifically disapproved by the director by rule promulgated pursuant to section 236.05; provided, that the director may disapprove hereunder all flexible packaging materials not being collected for recycling in an organized manner in a municipally approved program where an alternative packaging material is being so collected. (b) Any packaging used at hospitals or nursing homes; (c) Any packaging that is not environmentally acceptable for which there is no commercially available alternative as determined by the director by rule promulgated pursuant to section 236.05. In determining whether there are commercially available alternatives, the director shall consider (1) the availability of environmentally acceptable packaging for affected products; (2) the economic consequences to manufacturers, suppliers, retailers and other vendors of requiring environmentally acceptable packaging when available; (3) the competitive effects on manufacturers, suppliers, retailers and other vendors involved in the sale of product brands or labels available only in packaging that is not environmentally acceptable packaging; and (4) laws and ordinances of adjacent municipalities. Every rule creating an exemption under this paragraph shall be reviewed annually by the director to determine whether current conditions continue to warrant the exemption. (Ord 17-29, § 7, 3-6-19, eff. 1-1-22) Sec. 236.07. Penalties. Each violation of section 236.03 shall be a petty misdemeanor. (Ord 17-29, § 8, 3-6-19, eff. 1-1-22) (Supp. No. 121, Update 2) Created: 2022-08-01 14:33:23 [EST] Page 3 of 4 Sec. 236.08. Severability. If any part or provision of this chapter or the application thereof to any person, entity or circumstances shall be adjudged unconstitutional or invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application that is directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons, entities or circumstances. 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There was some talk of forming an informal subcommittee of PWET Commission members to propose some new language for the scope of the Commission. We will spend a few minutes formalizing that and confirming participation in that subcommittee. Recommended Action: Review the make-up of the informal subcommittee for the purposes of proposing modified language for the scope of the PWET Commission. Attachments: A. City Code Chapter 202 — 208: Advisory Commissions Attachment A CHAPTER 202 PLANNING COMMISSION SECTION: 202.01: Establishment and Membership 202.02: Meetings and Reports 202.03: Preparation of Comprehensive Plan 202.04: Procedure for Adoption of City Comprehensive Plan 202.05: Adoption of City Comprehensive Plan by City Council 202.06: Means of Executing Plan 202.07: Zoning Code and City Comprehensive Plan 202.01: ESTABLISHMENT AND MEMBERSHIP: A City Planning Commission for the City is hereby established, which shall be subject to Chapter 201 of the City Code. The Planning Commission shall be the City planning agency and shall have the powers and duties given such agencies generally by Minnesota Statutes, sections 462.351 through 462.364, as amended, and as conferred upon itbythis Chapter. (Ord. 194, 4-19-1955; 1995 Code) The Planning Commission shall consist of seven members appointed by the City Council. 202.02: MEETINGS AND REPORTS: The Commission shall hold at least one regular meeting each month. It shall keep a record of its resolutions, transactions, and findings, which shall be apublic record. (Ord. 194, 4-19-1955; 1995 Code) 202.03: PREPARATION OF COMPREHENSIVE PLAN: It shall be the function and duty of the Planning Commission to prepare and recommend a Comprehensive City Plan for the development of the City, including proposed public buildings, street arrangements, public utility services, parks, playgrounds and other similar developments, the use of property, the density of population and other matters relating to the development of the City. Such Plan may be prepared in sections, each of which shall relate to a major subject of the plan, as outlined in the Commission's program of work. (Ord. 194, 4-19-1955; 1995 Code) 202.04 PROCEDURE FOR ADOPTION OF CITY COMPREHENSIVE PLAN: The Planning Commission may, at any time, recommend to the City Council, the adoption of the City Comprehensive Plan, any section of it or any substantial amendment thereof. Before making such recommendation to the City Council, the Planning Commission shall hold at least one public hearing, as provided for in Chapter 108 of this Code. The recommendation by the Planning Commission to the City Council shall be by a resolution of the Commission, approved by the affirmative votes of not less than 5/7t's of its total membership. The Commission may from time to time recommend minor amendments to the City Comprehensive Plan or any section thereof without the public hearing mentioned herein providing that a majority of its members are of the opinion that such hearing is not necessary or in the public interest. (Ord. 1175A, 11-25-1996) If an amendment to the Comprehensive Plan Future Land Use Map is requested by a property owner, the applicant shall hold an open house meeting with residents and property owners in the vicinity of the affected property prior to submitting an application for the amendment. Requirements for such an open house are as follows: A. Purpose: To provide a convenient forum for engaging community members in the development process, to describe the proposal in detail, and to answer questions and solicit feedback. B. Timing: The open house shall be held not more than 30 days prior to the submission of an application for Comprehensive Plan Future Land Use Map Amendment approval and shall be held on a weekday evening beginning between 6:00 p.m. and 7:00 p.m. and ending by 10:00 P.M. C. Location: The open house shall be held at a location in or near the neighborhood affected by the proposed amendment, and (in the case of a site near Roseville's boundaries) preferably in Roseville. hi the event that such a meeting space is not available the applicant shall arrange for the meeting to be held at the City Hall Campus. D. Invitations: The applicant shall prepare a printed invitation identifying the date, time, place, and purpose of the open house and shall mail the invitation to the recipients in a list prepared and provided in electronic format by Community Development Department staff. The recipients will include property owners within 500 feet of the project property, members of the Planning Commission and City Council, and other community members that have registered to receive the invitations. E. Summary: A written summary of the open house shall be submitted as a necessary component of an application for Comprehensive Plan Future Land Use Map Amendment approval. (Ord. 1362, 3-24-2008) 202.05: ADOPTION OF CITY COMPREHENSIVE PLAN BY CITY COUNCIL: Upon receiving a recommendation from the Planning Commission for the establishment or amendment of a plan, the City Council shall follow procedure as set forth in Chapter 108 of this Code. The City Council may adopt such plan or amendments by a majority vote of its members or by a larger majority if required by statute. (Ord. 1175A, 11-25-1996) 202.06: MEANS OF EXECUTING PLAN: Upon the adoption of the City Plan or any section thereof, it shall be the duty of the Planning Commission to recommend to the City Council reasonable and practicable means for putting into effect such Plan or section thereof in order that the same will serve as a pattern and guide for the orderly physical development of the City. Such means shall consist of a zoning plan, the control of subdivision plats, a plan for future street locations, etc. (Ord. 194, 4-19-1955) 202.07: ZONING CODE AND CITY COMPREHENSIVE PLAN: The Planning Commission may, upon its own motion or upon instruction by the City Council, prepare revisions to the Zoning Code and/or Plan for the City. Before recommending such Code and/or Plan to the City Council, the Planning Commission shall hold at least one public hearing as provided for in Chapter 108 of this Code. The same procedure shall apply for the preparation of any overall street plan or acquisition of lands for public purposes. (Ord. 1175A, 11-25-1996) (Ord. 1481, 07-20-2015) CHAPTER 203 EEFPOLICE CIVIL SERVICE COMMISSION SECTION: 203.01: Establishment 203.02: Statute Adopted 203.01: ESTABLISHMENT: There is established a Police Civil Service Commission, the duties of which shall be those provided in Minnesota Statutes, Chapter 419, and which shall be subject to Chapter 201 of the City Code. (Ord 221, 10-22-56) 203.02: STATUTE ADOPTED: The City accepts and adopts all of the provisions of Minnesota Statutes, Chapter 419. (Ord. 221, 10-22-56) (Ord. 1481, 07-20-2015) CHAPTER 204 PARKS AND RECREATION COMMISSION SECTION: 204.01: Establishment and Membership 204.02: Scope, Duties and Functions 204.01: ESTABLISHMENT AND MEMBERSHIP: There is established a parks and recreation commission of the city, which shall consist of nine members appointed by the City Council and which shall be subject to Chapter 201 of the City Code. (Ord. 1253, 6-26-2001) 204.02: SCOPE, DUTIES AND FUNCTIONS: The duties and functions of the commission shall be as follows: A. Serve in an advisory capacity to the City Council, City Manager and Director of Parks and Recreation on parks and recreation matters. B. Maintain an interest in and an understanding of the functions and operations of the parks and recreation department. C. Maintain an interest in and an understanding of the city school system and promote the greatest possible utilization of school and municipal recreation programs. D. Endeavor to secure a full and complete understanding of the city's needs and desires for parks and recreational facilities and be sensitive to the acceptance within the community of the current program. E. Convey to the City Council their understanding of the community's sentiment regarding recreation and parks and to submit recommendations to the City Council on parks and recreation programs and policy. F. Review conditions and adequacy of city park property. G. Provide hearings to groups or individuals, upon request, regarding parks and recreation matters. H. Keep informed and consider all financial aspects pertaining to parks and recreation. I. Consider proper names for city park property. J. Propose regulations for control of city park property to the City Council. K. Advise and assist architectural engineers on preparation of specific plans prior to the presentation to the City Council for formal approval. L. Represent the city at community functions where appropriate and approved by the City Council. M. Represent the city at meetings with other community, county or state boards of similar nature where appropriate and approved by the City Council. N. Perform other duties and functions or conduct studies and investigations as specifically directed or delegated by the City Council. (Ord. 1038, 6-27-1988) O. Shall act in all matters relating to the Urban Forest Management Ordinance contained in Chapter 706 of this code, and shall act as the Tree Board as set forth in section 706.03 of this code. (Ord. 1481, 07-20-2015) CHAPTER 205 HUMAN RIGHTS, INCLUSION AND ENGAGEMENT COMMISSION SECTION: 205.01: Establishment and Membership 205.02: Purpose, Objectives, Duties and Function 205.01: ESTABLISHMENT AND MEMBERSHIP: There is established a Human Rights, Inclusion and Engagement commission of the City, which shall consist of nine (9) members appointed by the City Council and which shall be subject to Chapter 201 of the City Code. The City of Roseville believes decision -making in a representative democracy best reflects the views of the people when the most people are engaged in that civic decision -making. The City recognizes the need to adapt to an always changing community and being proactive to examine and improve the city's engagement and outreach practices with its residents, as well as the opportunities for residents to engage with the work of the City. In addition, the people of Roseville aspire to be welcoming, inclusive and respectful. The City believes that achievement of that aspiration requires the creation and fostering of positive connections between people in the community and monitoring of issues and concerns that may be counter to achievement of that aspiration. 205.02: PURPOSE, OBJECTIVES, DUTIES AND FUNCTION: The purpose of the commission is to encourage full participation in the affairs of the City and advise the City Council on programs and efforts which could improve civic engagement and human rights. The commission will advise the City Council regarding the effective and meaningful involvement of Roseville residents in their local government. Additionally the commission may propose programs, events and projects to increase understanding, engagement and inclusion with the work of the City. The commission shall maintain a balance of work to include ongoing evaluation, recommendations & engagement in support of the commission's purpose. Any engagement would also have a balance between programs and events and evaluation projects. In fulfillment of its purpose, the commission's objectives, duties and functions shall be to: A. Evaluate —The commission shall review and evaluate on an ongoing basis the City's outreach efforts, policies, activities and engagement opportunities to ensure the best and the most equitable practices are being used to engage residents and business with the work of the City. 1. Review policies and actions taken by the City that maybe inhibiting full inclusion for those of diverse or underrepresented backgrounds. 2. Understand the demographics of the community. 3. Review opportunities to collaborate with other city commissions, neighborhood, community, educational, business and social services groups and organizations, identifying ways to encourage mutual understanding among citizens and bring the community together. 4. Have an awareness of human rights related matters in the community and assist the city council in identifying opportunities to address those matters. B. Advise — The commission shall advise the city council on strategies to improve outreach and communication and increase engagement, equity and inclusiveness in the City's efforts to foster a sense of community with residents and businesses. 1. Act in an advisory capacity to the City Council with respect to human rights related matters and providing for equitable opportunity through the City's policies and actions 2. Review and recommend ways to improve the City's interactions with residents, businesses, and community and neighborhood organizations through: a. Communication efforts to facilitate effective two-way communication whenever possible b. Public participation processes, to identify under -represented groups, to remove any barriers, and to engage and promote increased participation, including with the community's various visioning efforts. C. Recommend strategies for actively promoting and encouraging effective and meaningful volunteerism and service with the City including task forces, commissions and other participatory civic activities. 3. Serve as subject matter experts with regard to community engagement in local government. Explore and recommend to the city council innovative ideas, including the latest trends, technologies, tools and methods. C. Engage — The commission may engage residents and businesses through city council approved programs, events and projects that support the commission's purpose. Such city - council -approved efforts may be developed or supported by the commission through: 1. Education programs and community dialogues that will assist in creating equitable opportunity and eliminating discrimination and inequalities. 2. Events or projects that promote connections in the community. 3. Events or programs that engage residents and businesses with their city government, facilitating community feedback whenever possible. D. Perform other duties and functions as directed by the City Council. Section 2 Title 2, Chapter 209 (Community Engagement Commission) is repealed. Section 3 Effective date. This ordinance shall take effect upon passage and publication. (Ord. 1526 04-24-2017) CHAPTER 206 PUBLIC WORKS, ENVIRONMENT, AND TRANSPORTATION COMMISSION SECTION: 206.01: Establishment and Membership 206.02: Scope, Duties and Functions 206.01: ESTABLISHMENT AND MEMBERSHIP: There is established a public works, environment, and transportation commission of the city which shall consist of seven members appointed by the City Council and which shall be subject to Chapter 201 of the City Code. (Ord. 1260, 4-15-2002) (Ord. 1313, 12-6-2004) 206.02: SCOPE, DUTIES AND FUNCTIONS: The duties and functions of the commission shall be as follows: A. Serve in an advisory capacity to the City Council, City Manager and Director of Public Works on public works, environmental, and transportation matters. (Ord. 1313,12-6-2004) B. Maintain an interest in and an understanding of the functions and operations of the Public Works Department. C. Maintain an interest in and an understanding of federal, state, county, regional and other public works, environmental, and transportation services that impact City services. (Ord. 1313, 12-6-2004) D. Perform other duties and functions or conduct studies and investigations as specifically directed or delegated by the city. (Ord. 1260, 4-15-2002) (Ord. 1481, 07-20-2015) CHAPTER 207 Off ETHICS COMMISSION SECTION: 207.01: Establishment and Membership 207.02: Scope, Duties and Functions 207.01: ESTABLISHMENT AND MEMBERSHIP: There is established an ethics commission of the City which shall consist of one member from each City Advisory commission and which shall be subject to Chapter 201 of the City Code. (Ord. 1498, 4/11/2016) The ethics commission shall hold an annual meeting and otherwise meet on an as - needed basis or when an ethics complaint is filed. 207.02: SCOPE, DUTIES AND FUNCTIONS: The duties and functions of the Commission shall be as follows A. Serve in an advisory capacity to the City Council on matters involving any ethics code adopted by the City Council. B. Administer any ethics code adopted by the City Council. C. Perform other duties and functions or conduct studies as specifically directed or delegated by the City Council. (Ord. 1338, 6-12-2006) (Ord. 1481, 07-20-2015) CHAPTER 208 FINANCE COMMISSION SECTION: 208.01: Establishment and Membership 208.02: Scope, Duties and Functions 208.01: ESTABLISHMENT AND MEMBERSHIP: There is established a Finance Commission of the City which shall consist of seven members appointed by the City Council and which shall be subject to Chapter 201 of the City Code. A minimum of three members shall have financial management experience or training. 208.02: SCOPE, DUTIES AND FUNCTIONS: The City Council has created the Finance Commission to serve in an advisory capacity regarding the City's financial matters to make recommendations that will provide clarity, transparency and accessibility of financial information, to review policies and offer strategies for improved budgeting and funding for present-day operations and future needs, and to review the cty's financial affairs. The duties and functions of the Commission may include: A. Advise on short and long-term financial policy matters, including but not limited to cash reserve funds, budgets, financing, and capital replacement policies. B. Review and recommend funding strategies for the Capital Improvement Plan. C. Recommend budget goals, including but not limited to local tax rate and tax levy targets, management of enterprise funds, and spending levels, D. Review and recommend standardized budget and financial reporting methods and tools to make financial communications and budget information more transparent, comprehensible, and accessible to the public. E. Review and recommend the annual timeline and process for creating City budgets. F. Review the annual financial information, the annual audit report and management letter. G. Review City's financial affairs and investment policy and portfolio, and bring to the City Council any items of concern or suggested improvements. H. Perform other duties the City Council assigns. (Ord. 1481, 07-20-2015) (Ord. 1522 04-10-2017) (Ord. 1538 12-11-2017) Roseville Public Works, Environment and Transportation Commission Agenda Item Date: August 23, 2022 Item Description: Look Ahead Agenda Items/Next Meeting September 27, 2022 Suggested Items: September: • Initial discussion on speed limits for city streets • Update on Civic Campus Pre -Design Project Looking Ahead: October: Proposed Utility Rates November: Public Works 2023 Work Plan January 2023: SUSTAINABILITY SUPER MEETING VOLUME 3! Item No: 7 Recommended Action: Set preliminary agenda items for the September 27, 2022 Public Works, Environment & Transportation Commission meeting.