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solid waste (MSW). Following is a summary of MSW prepared by Dan Krivit of Foth Infrastructure Environment, LLC: 1. Most trash haulers in Ramsey County take a majority of their MSW to the Ramsey/Washington County Resource Recovery facility in Newport. The current, primary legal mechanism for these MSW supply deliveries are individual, business -to- business contracts between the haulers and the Newport facility contract operator (Resource Recovery Technologies). Therefore, while the trash haulers are not required to bring their MSW loads from Maplewood to Newport, they currently have financial and contractual incentives to do so. 2. Under the city's current open trash collection system, the city has no direct means of designating MSW (commonly known as "flow control to a resource recovery facility. 3. Under a new organized trash collection system, the city's contract must specify recovery of MSW consistent with Ramsey County plans and policies. For example, if the city initiates an organized trash collection contract, then state law, proposed new state policies, and existing county policies would require the city to specify processing /recovery of MSW to a facility such as the Newport plant. Such contract provisions by cities, as purchasers of hauling services via contracts, have been upheld as a legal and legitimate means for cities to act as market participants in designating MSW to public resource recovery facilities. Special City Council Meeting Summary During the October 4, 2010, special city council meeting scheduled to take public testimony on trash collection systems, approximately 150 people attended the meeting, with 41 residents and 5 representatives of trash hauling businesses speaking to the matter. The City Council kept a list of the comments and separated them into pros, cons, pet peeves, and a wish list. A summary of the people who spoke at the meeting, comments received, and the notes taken can be found on Attachment 7. Additional Public Comment Since the February 28, 2011, City Council meeting, staff has received nine comments from residents of Maplewood regarding trash collection. These comments may not have been reviewed by the City Council previously, as they were specifically addressed to staff or submitted via U.S. Mail. Please refer to the comments found on Attachment 8. Statutory Process Minnesota Statute, Section 115A.94 (Organized Collection) sets forth the process by which a city may organize trash hauling collection. Once a city takes the first step of adopting a resolution of intent, the process could take a minimum of 180 days. There is no maximum limit on the amount of time a city studies, plans, or negotiates the issue. Further, there is no requirement that a city take action after the process if an organized system does not seem warranted. It is a planning process designed by Legislators to ensure participation from all interested parties prior to a city's decision. Following is a summary of the statutory process: 1. Notice of Hearing: A city must give a two -week notice to the public and must mail notice to all solid waste collectors operating in the city of the intent to begin planning for the establishment of an organized collection system. 3 Packet Page Number 93 of 127