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HomeMy WebLinkAbout2011-09-19 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION September 19, 2011 7 p.m. Council Chambers - Maplewood City Hall 1830 County Road BEast 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes: a. August 15, 2011 5. Unfinished Business a. Shoreland/Wetland Ordinance - Update on State Shoreland Rules (Molly Shodeen, Area Hydrologist, Minnesota Department of Natural Resources) b. Trash Collection System Analysis - Update 6. New Business 7. Visitor Presentations 8. Commission Presentations 9. Staff Presentations a. Lake Phalen Watershed Vision Retreat - Sept. 22 b. Environmental and Natural Resources Commission Reappointments - Sept. 26 c. Renewable Energy Ordinance - Sept. 26 d. Maplewood Mall Extreme Makeover for Stormwater Management - Sept. 27 e. Solar Works in Maplewood - October 11 f. Maplewood Nature Center Programs 10. Adjourn Agenda Item 4.a MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday, August 15, 2011 Council Chambers, City Hall 1830 County Road BEast A. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:02 p.m. by Chair Schreiner. B. ROLL CALL Bill Schreiner, Chair Randee Edmundson, Vice Chair Judith Johannessen, Commissioner Carol Mason Sherrill, Commissioner Ann Palzer, Commissioner Dale Trippler, Commissioner Ginny Yingling, Commissioner Present Present Present Staff Present Shann Finwall, Environmental Planner Nick Carver, Assistant Building Official Steve Kummer, Civil Engineer Kathleen Juenemann, City C. APPROVAL OF AGENDA Commissioner Yingling added H. 2. an update on Fish Creek. Commissioner Trippler moved t6 approve the aqenda as amended. Seconded by Commissioner Johannessen. Ayes - All The motion passed. D. APPROVAL OF MINUTES Commissioner Trippler had a correction on page 3; top of the page removing the additional word is--before the word will. And a correction to H. 1. a) changing the date from All!jllE:t 21 to Julv 21. Chair Schreiner requested a word changed in F. 1. ii., 4th bullet, change the word from te to for. Commissioner Trippler moved to approve the Julv 18. 2011. Environmental and Natural Resources Commission Meetinq Minutes as amended. Seconded by Commissioner Edmundson Ayes - Chair Schreiner, Commissioner's Edmundson, Johannessen & Trippler August 15, 2011 Environmental and Natural Resources Commission Meeting Minutes 1 Abstentions - Commissioner's Palzer, Mason Sherrill, & Yingling The motion passed. E. NEW BUSINESS 1. New Commissioner Introduction and Orientation a. Environmental Planner, Shann Finwall introduced the new ENR Commissioner, Ann Palzer and reviewed the new member orientation packet with the Commission. 2. Wakefield Lake Experimental Storm Water Treatment Basin a. Civil Engineer, Steve Kummer gave the report on the Wakefield Lake Experimental Storm Water Treatment Basin and answered questions of the Commission. b. City Councilmember Liaison, Kathleen Juenemann addressed the Commission regarding the report. The Commission expressed concern about the potential impacts on water chemistry associated with the basin. The Commission indicated they were pleased the watershed district is looking at new ways of treating stormwater. Commissioner Edmundson moved to approve the Wakefield Lake Experimental Storm Water Treatment Basin. Seconded by Commissioner Mason Sherrill. Ayes - All The motion passed. F. UNFINISHED BUSINESS 1. Green Building Code a. Assistant answered all of the Carver gave an update on the Green Building Code and The Green Building Code will come back before in 2012 for final adoption. 2. Renewable Energy a. Environmental Planner, Finwall gave the update on the Renewable Energy Ordinance and answered questions of the Commission. b. City Councilmember Liaison, Kathleen Juenemann addressed the Commission regarding the ordinance. The Commission discussed final language needed in the ordinance to ensure birds and bats are protected as much as possible from mortality from large wind turbines. The Commission agreed to add language requiring applicants to install turbine cut in speed strategies where feasible. This strategy and other new technologies to protect birds and bats from wind turbine mortality can be reviewed with each conditional use permit process for large turbines. Commissioner Yingling moved to approve the renewable enerqv ordinance as amended throuqh discussions durinq the ENR meetinq. Seconded by Commissioner Trippler. The motion passed. Ayes - All August 15, 2011 Environmental and Natural Resources Commission Meeting Minutes 2 G. VISITOR PRESENTATIONS 1. Kathleen Juenemann - City Council Liaison complimented Assistant Building Official, Nick Carver on his work with the Green Building Code. Ms. Juenemann spoke highly about the upcoming Living Streets program that City Engineer, Michael Thompson is working on. Additional information will be coming soon. H. COMMISSION PRESENTATIONS 1. 2011 Working Group/Subcommittee Reports a. Trash Hauling - Commissioner Trippler stated that the city received six responses to the Trash Collection RFP. The Trash Hauling Working Group will evaluate and score the proposals. The City Council will review the group's recommendation on September 26. Both tracks, open and organized trash collection, will come together in November when the City Council will decide which trash collection system to chose, i.e., improved existing system or contracted system. b. Greenways - no report c. Neighborhood Environmental Groups - Randee Edmundson stated that the group assisted with the National Night Out recycling bin distribution. The Commissioners were able to meet with residents and answer questioQ$iregarding recycling. The group also distributed information on an upcoming Solarl!'llqrks in Maplewood event. Ms. Edmundson further discussed the group's ,plahs toqreate a website on environmental neighborhood groups and to host neighpgfhood envifgpmental programs in their own neighborhood. 2. Fish Creek - Commissioner Yingling said the City Council has authorized the purchase of 72 acres in Fish Creek. A large donation has been made by 3M to assist in funding the project. City Council Liaison, Kathleen Juenemann briefly discussed ideas of how the rest of the funding can be obtained. 3. Tree Rebate Program - Commissioner Mason Sherrill said the city is still conducting a 50% tree rebate through October. Further information is available through the Maplewood Nature Center. I. STAFF PRESENTATIONS 1. Taste of Maplewood (Friday and Saturday, August 19, and 20, 2011) - Staff mentioned the upcoming event and the city's efforts to reduce waste and capture recycling at the event. 2. Shoreland/Wetland Ordinance Update - Staff said that Molly Shodeen of the DNR will be present at the next ENR meeting to discuss the state's shoreland rules and offer guidance on the city's shore land ordinance changes. 3. Gladstone Savanna Master Plan - Staff stated that Ginny Gaynor, Natural Resources Coordinator, is working on the open space master plan for the Gladstone Savanna. The plan will be presented in four neighborhood meetings and reviewed by the Park & Recreation Commission, the Environmental and Natural Resources Commission and Heritage Preservation Commission. Staff is looking for representatives to attend the Neighborhood meetings to report back to the ENR. The meetings are August 30, 31, October 18 and November 9, 2011. Commissioner Trippler and Edmundson offered to attend the neighborhood meetings. 4. Maplewood Nature Center Programs - Staff reviewed upcoming Nature Center events. J. ADJOURNMENT Chair Schreiner adjourned the meeting at 8:38 p.m. August 15, 2011 Environmental and Natural Resources Commission Meeting Minutes 3 Agenda Item 5.B MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Shore land/Wetland Ordinance September 15, 2011 for the September 19 ENR Commission Meeting INTRODUCTION The City Council adopted a wetland ordinance in December 2009. Because wetlands adjacent lakes are used by residents differently than freestanding wetlands, the City Council included reduced buffer requirements for these wetlands. The ordinance included a sunset clause which has the reduced buffers expiring at the end of 2012, or when the city revises the shoreland ordinance to include regulations for these wetlands, whichever comes first. DISCUSSION UMUC Capstone Proiect In April 2011 Jana Haedtke, a student from the University of Maryland University College (UMUC), presented her group's Capstone paper titled Maplewood Wetland and Shoreland Regulations for Wetlands Adjacent Lakes. The paper compares wetlands adjacent lakes to freestanding wetlands to determine if they are used or valued differently by the public and study whether the functions of water quality, ecology, and wildlife habitat are different. The students' research found that based upon ecological, wildlife, and water quality aspects, wetlands adjacent lakes should be regulated just as strictly as freestanding wetlands, as all the positive benefits of having a healthy ecological and wildlife system and good water quality are the same for both types of wetlands, even though their functions may differ. But based solely on social and economic aspects, particularly recreational uses and value, less stringent buffer requirements would be justified. To view the UMUC Maplewood Wetland/Shoreland Capstone paper, visit the City's wetland webpage at www.ci.maplewood.mn.us/wetlands. Wetland Ordinance Section 4.d. on page 8 of the wetland ordinance states the following: Buffers for wetlands adjacent to lakes. I n light of the fact that lakes perform different functions than wetlands and streams and are used for different recreational purposes, wetlands adjacent to lakes and their designated buffers shall have alternative buffers. The following alternative buffers for wetlands adjacent to lakes will apply until December 31, 2012, or until the city adopts a new shoreland ordinance that includes the regulation of these wetlands, whichever comes first. Buffer Wetland Classes (for Wetlands Adjacent to Lakes) Manage A Manage B Manage C 75 ft. 50 ft. 50 ft. Minimum Buffer Width The ordinance specifies the following buffers for freestanding wetlands as follows: Buffer Wetland Classes (for Freestanding Wetlands) Manage A Manage B Manage C 100 ft. 75 ft. 50 ft. Minimum Buffer Width To view the full ordinance, visit the City's wetland webpage at www.ci.maplewood.mn.us/wetlands. Shore land Ordinance The City of Maplewood adopted its shoreland ordinance in 1996. The ordinance was drafted to meet the state shoreland rules currently in place. To view the full ordinance, refer to the full City Code located on the City's website at http://www.ci.maplewood.mn.us/index.aspx?NID=85. Article XI, Section 44-1236 through 44-1334. Minnesota Shoreland Rules The Minnesota Department of Natural Resources (DNR) conducted a rulemaking process in 2009 to update the statewide shore land rules. The draft rules were sent to state agencies for final review and adoption in 2010. On August 11, 2010, Governor Tim Pawlenty returned the draft shoreland rules to the DNR for further engagement and discussion, especially with the 2011 Legislature. If the draft rules are adopted by the state, municipalities will be required to review their shoreland ordinances to ensure they address the new regulations. Because the rules are still in draft form, the City is not required to modify our shoreland ordinance to comply with the new requirements, but the state does encourage it. To view the DNR's draft shoreland rules documents, visit the DNR's shoreland rules webpage at Minnesota GreenStep Cities The City began participating in the Minnesota GreenStep Cities program in December 2009. Minnesota GreenStep Cities (greenstep.pca.state.mn.us) is a voluntary program administered by the Minnesota Pollution Control Agency (MPCA). The program challenges, assists, and recognizes cities for actions that reduce greenhouse gas emissions. It is designed to help cities meet their sustainability goals through implementation of 28 best practices in the area of building and lighting, land use, transportation, environmental management, and economic and community development. Each best practice can be implemented by completing one or more specific actions (depending on size of the city) from a list of four to eight actions. These actions are tailored to all Minnesota cities, focus on cost savings and energy use reduction, and encourage innovation. One of the surface water quality best management practices implementation strategies calls for the City to revise our shore land ordinance based on the the DNR's alternative shore land standards (2005), or the DNR's sample shoreland management ordinance (1999). To view these documents following the links below: Alternative Shore land Standards: http://files.dnr.state.mn.us/waters/watermqmt section/shoreland/Alt6120 12 12 2005.pdf Sample Shoreland Management Ordinance: http://files.dnr.state . m n. us/pu bl icatio ns/wate rs/ sho re la nd. pdf 2 SUMMARY Molly Shodeen, Area Hydrologist with the DNR, will be present during the September 19, 2011, ENR Commission meeting. Ms. Shodeen will give the Commission an update on the draft Shore land Rulemaking process and offer suggestions on how the City could move forward with amendments to our existing shoreland ordinance. 3 Agenda Item 5.b MEMORANDUM TO: FROM: SUBJECT: DATE: Environmental and Natural Resources Commission Shann Finwall, AICP, Environmental Planner Trash Collection System Analysis - Update September 15, 2011 for the September 19 ENR Commission Meeting BACKGROUND On March 28, 2011, the City Council adopted a Resolution of Intent to Organize Trash Collection. The adoption of this resolution is required by Minnesota Statutes, Section 115A.94, subdivision 4 to begin the planning process for organized trash collection. On April 25, 2011, the City Council approved a scope of work for the Trash Collection System Analysis. The scope included the formation of a Trash Hauling Working Group made up of two City Councilmembers (Councilmembers Nephew and Juenemann), three Environmental and Natural Resources Commissioners (Commissioners Schreiner, Trippler, Yingling), two City staff (Shann Finwall, Environmental Planner and Steve Kummer, Engineer), and the City's solid waste management consultant (Dan Krivit, Foth Infrastructure & Environment, LLC). The Working Group was charged with analyzing trash collection systems and updating the City Council. DISCUSSION Goals and Objectives The City Council adopted goals for the City's trash collection system as follows: 1. Economic a. Cost savings on road repairs and reconstruction. b. Lower cost for residents (cost per household per month) due to competitive bidding. 2. Service a. Greater leverage to correct problems with service. b. Customized service options for residents such as: 1) Rebates for extended vacations (e.g., over four weeks without service) 2) Special collection options (e.g., garage-side pickup) 3) Large/bulky items pick up. 4) Special event pickups (e.g., Taste of Maplewood) 3. Environmental a. To better manage solid waste and recycling. b. Better able to direct waste to the best environmental destination. c. Less gas and/or diesel burned. d. Less CO2 emitted into the atmosphere. 4. Safety a. Safer streets. 5. Efficiency' a. Maximizing efficiency in solid waste collection. 6. Planning Process a. Achieving the stated organized collection goals of the City. b. Ensuring participation of all interested parties in the decision-making process. 7. Aesthetics a. Less traffic, noise, and dust. b. More consistent and neater looking streets during collection days. 8. Hauler Impacts* a. Minimizing displacement of collectors. *Required by state statute. Working Group The Trash Hauling Working Group have been analyzing two areas of trash collection systems including improvements to the City's existing subscription (or "open trash hauling") system and a contractual (or "organized trash hauling") system. Review and Analvsis of Existinq Subscription Svstem The analysis of the current subscription system included a review of the City's solid waste management ordinance and trash hauling licensing process (attached). On August 29, 2011, the Working Group gave a report to the City Council on their findings which include recommendations for improvements to the City's subscription system as follows: I ncreased review and enforcement of existing ordinance and licensing requirements to include: monitoring rates enforcement of truck equipment and weight requirements enforcement of trash hauling pick-up times enforcement of noise and litter caused by haulers monitor yard waste and bulky item requirements monitor route maps other Increase licensing fee to cover increased review and enforcement as described above. I ncremental fines and enforcement for violations of ordinance and licensing requirements. Limit the number of trash hauling licenses issued in the City. Implement a pay as you throw trash collection system. Financial incentives to residents for reducing waste, similar to recycle banks. Education Another important aspect of the subscription system analysis included one-on-one interviews between the licensed trash haulers and staff. The interviews allowed trash haulers an opportunity to express their opinions on the City's trash collection system analysis process. Additionally, it allowed City staff an opportunity to learn more details about the trash hauling operations of individual companies currently serving Maplewood residents. This information, along with other data and input from citizens, has assisted in gauging how the City's subscription system is operating and has served as an important part of the participation process. 2 Review and Analvsis of Contractual Systems The analysis of a contractual system included the creation of a request for proposal (RFP) for residential trash collection. On July 11, 2011, the City Council authorized the release of a Comprehensive, Residential Trash Collection System RFP. A summary of the RFP content follows: . City-wide trash collection for all single-family residential properties (properties with one to four units). . Proposal options include: a contract for the entire City; or a contract for one to three of the City's existing day certain trash pick up districts. . Term of Contract: Five years with two one-year extensions possible. . Proposals can be submitted by one hauler or a joint proposal from up to four haulers. Joint proposals can be submitted for the entire City contract option only. . RFP specifies billing directly by the Hauler to the residents. . RFP specifies City-owned trash carts. Financing of the carts is not yet finally specified within the RFP and is being worked on by City staff. The City could either pay for the carts at the beginning of the contract or amortize these cart costs throughout the term of the contract. . RFP requires the vendor to submit a fixed base collection fee (BCF) for all properties, with variable disposal fee pricing depending on cart sizes (i.e., 20/30/60/90 gallon). . Added service requirements include pick up of yard waste, bulky items, extra bags, Christmas trees, e-waste. . RFP does not include trash collection from City buildings. Proposal Review and Evaluation The deadline for proposal responses to the RFP was August 19, 2011. On August 19 the City received six responses to the RFP. On September 13, 2011, the Trash Hauling Working Group met to review and rank the proposals based on the following evaluation criteria specified in the RFP: Criteria Points 1. Proposed prices 32 points . Competitiveness of the proposed collection service fees relative to other proposals over the life of the contract. . Competitiveness of the proposed trash disposal fees relative to other proposals over the life of the contract. . Amount of the fee to deliver a replacement or additional cart to an existing household. . Competitiveness of the proposed fees for other services (e.g., yard waste, bulky items, clean-up events, etc.) relative to other proposals over the life of the contract 3 Criteria Points 2. Qualifications 10 points . Demonstrated, successful experience (including that of key staff) establishing working relationships with public agencies . Demonstrated successful operations of similar materials collection system(s) . Techniques and controls for project management, such as: reporting samples provided, payment, and monitoring responsibilities . Demonstrated capability to provide a performance bond . Demonstrated good credit references and the ability to finance all the capital investments required . Aggregate age of truck equipment proposed . Any lawsuits that may impact the proposer's ability to perform the services specified in this RFP and/or the Contract 3. Service 20 points . Proposed customer service plans (e.g., office administration, phone response system, etc.). . Proposed plans to implement a fully automated collection system. . Proposed plans to implement yard waste collection services. . Proposed plans to implement other on-route collection services (e.g., bulky items, etc.). . Proposed public education services. . Proposed plans to implement a RFID system. 4. Environmental benefits and street impacts 19 points . Proposed plans to implement alternative fuel vehicles (e.g., CNG, biodiesel, etc.) . Other proposed pollution abatement plans . Proposed equipment (e.g., type of tires, number of axles) to reduce road impacts . Proposed plans to control and manage litter . Stated plans and commitment to help the City implement a future organic waste (e.g., food waste) recovery program . Other proposed environmental policies, programs and proposals specific to the City of Maplewood 5. Safety 8 points . Safety record on Minnesota operations . Proposed safety plan concept for City of Maplewood operations . Other safety policies, programs and proposed operations 4 Criteria Points 6. Aesthetics 5 points . Stated plans to help the City implement a standardized trash cart system . Stated plans to collect overflow trash, bulky items, and yard waste in a timely manner 7. Proposal content and overall responsiveness 6 points . Degree of exceptions . Thoroughness of written proposal (e.g., lack of omissions) TOTAL POINTS 100 Based on the Trash Hauling Working Group's review of the responses received, the Group determined that there were four responsive proposals submitted. All four proposals are very competitive. Upon initial analysis many of the proposals, if implemented, would save resident's money and meet all of the goals outlined by the City Council for a City-wide residential trash collection system. The Working Group will present their findings during the September 26, 2011, City Council meeting, and recommend that the City Council authorize staff to begin contract negotiations with the top ranked proposer as per the steps outlined in the RFP. Trash Collection System Findings After the time line requirements of the organized trash collection statute are met (90-day planning period and 90-day negotiation period), the City Council is required to make findings to document its decision. The findings must describe and detail the procedures to plan and attempt implementation of organized collection, and evaluate the proposed organized collection method in light of the following standards: . Achieving the stated organized collection goals of the municipality, . Minimizing displacement of collectors, . Ensuring participation of all interested parties in the decision making process, and . Maximizing efficiency in solid waste collection. No one factor is determinative and other local considerations may be relevant. Timeline for Completion of the Trash Collection System Analysis Following is the proposed timeline for the completion of the trash collection system analysis: . Sept. 26, 2011 : . October 24, 2011 : City Council Meeting - Authorize Contract Negotiations City Council Workshop or Meeting - Continued Review of Existing Subscription System 90-day negotiation period ends (90 days from Aug. 19 RFP deadline) . Nov. 21, 2011: 5 . Nov. 28, 2011 : City Council Meeting - Decide on System (1. Review Draft Contract, 2. Review Statutory Findings, 3. Decide on System - Contracted or Improved Subscription) City Council Meeting: Authorize Implementation of Selected System New Service Implemented if City Council Chooses Contracted or Negotiated System . Dec. 12,2011: . October 1, 2012: RECOMMENDATION The Trash Collection System Analysis information outlined above is intended as an update to the Environmental and Natural Resources Commission. Comments and questions regarding the analysis are welcome and will be presented at the September 26, 2011, City Council meeting. Attachment: MapleVvOod Solid Waste Management Ordinance 6 rOBNAME: No Job Name PAGE: 437 SBSS:2 OUTPUT: Tue Apr' 8 12:31:102003 'frrstlpubdocs/mcc/3/11217 _full Attachment 1 Chapter 30 SOLID WASTE MANAGEMENT* Article I. In General Definitions. Disposal required. Disposal methods. Containers and storage of waste materials. Collection and disposal generally. Hours of collection. Unlawful disposal; location of containers for collection; disposal ofinfla=able or explosive materials. Sec. 30-8. Unauthorized collections. Sec. 30-9. Collection requirements generally. Sec. 30-10. Manner of transporting materials. Sec. 30-11. Obstruction of, delay of or interference with contractor. Sec. 30-12. Penalty for violation of article. Secs. 30-13-30-40. Reserved. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 30-1. 30-2. 30-3. 30-4. 30-5. 30-6. 30-7. Article II. Collection Licenses Sec. 30-41. Required. Sec. 30-42. Application; fee; duration. Sec. 30-43. Insurance. Sec. 30-44. Garbage trucks. Sec. 30-45. Pickup schedules. Sec. 30-46. Duty of licensees to report accumulations of garbage or refuse. Sec. 30-47. Suspension or revocation. Sec. 30-48. Volume-based rates. Secs. 30-49-30-75. Reserved. Article III. Disposal Sites Sec. 30-76. Unlawful deposit of garbage and other substances. Sec. 30-77. Applicability of article. Secs. 30-78-30-105. Reserved. Sec. 30-106. Sec. 30-107. Sec. 30-108. Article Iv. Recycling and Waste Management Purpose. Program established. Rates and charges. *State law reference-Authority for city council to provide for or regulate the disposal of garbage and other refuse, Minn. Stats. ~ 412.221, subd. 22. CD30:1 rOBNAME: No Job Name PAGE: 439 SESS: 2 OUTPUT: Tue Apr R 12:31:102003 'frrst/pubdocs/mcc/3/1l217 jull SOLID WASTE MANAGEMENT ~ 30-3 ARTICLE l. IN GENERAL Sec. 30-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meauings ascribed to them in this section, except where the context clearly indicates a different meaning: Compost means lawn and garden waste, such as leaves and grass clippings, which are allowed to decompose naturally. Garbage means food waste and household waste materials. Refuse means but is not limited to vehicle parts, tires, scrap metal, ashes, grass, weeds and garden waste not being composted, scrap wood, brush, tree trunks, broken or unused household appliances and furuiture, recreational equipment parts, sod, concrete chunks, blacktop chunks, unused building materials, pails, barrels and similar materials. (Code 1982, ~ 16-1) Sec. 30-2. Disposal required. Every person shall legally dispose of garbage that accumulates upon his property in the city at least once a week or more often as directed by the city manager. Every firm, corporation, occupant or owner of any dwelling, boardinghouse, apartment building, manufactured home, or any other structure in the city, including churches and halls, shall have garbage and refuse collected by haulers licensed by the city and shall comply with this chapter and with the dates of collection and requirements therefor as established by the city manager. (Code 1982, ~ 16-2) Sec. 30-3. Disposal methods. ((~ccupants of single- and two-family homes shall store all garbage in rodentproof c~ted containers between weekly collections. On the desiguated day of collection in their area, they may place the garbage on the curb in either sealed polyethylene bags of or equivalent to at least 1'12 mils thickness or in 30- to 90-gallon bins. Instead ofthis requirement, special arrangements may be made with the hauler for walk-in service. (b) Tree limbs and Christmas trees, cut so as not to exceed four inches in diameter and three feet in length, tied in bundles of no more than 18 inches in diameter, may also be placed in the same manner as prescribed in subsection (a) of this section. -, ' Gc>lrhe owner, operator or manager of any building containing more than two dwelling UnIts or of any firm or corporation where garbage accumulates in excess offour 30- to 32-gallon containers per week shall have bin service weekly from a commercial-type hauler licensed to do business in the city. The bins shall be of a miuimum capacity of one cubic yard, covered, and of an approved sanitary type with the proper attachments for lifting onto refuse trucks. (d) Recyclable materials from residential dwellings shall be placed on the curb for collection in bins, boxes or paper bags. CD30:3 rOBNAME: No Job Nmne PAGE: 440 SESS: 2 OUTPUT: Tue Apr 8 12:31:102003 'firstlpubdocs/mcc/3/ll2l7 _ full ~ 30-3 MAPLEWOOD CODE (e) Yard wastes, including leaves, grass clippings, other soft-bodied plant material, to be collected by a licensed refuse collector shall be placed on the curb for collection in bins or bags as prescribed in subsection (a) of this section. Instead of this requirement, special arrange- ments may be made with the hauler for walk-in service. (f) Refuse and waste materials not disposed of through a licensed refuse collector shall be taken to disposal site, such as a landfill or transfer station, approved by the state or the appropriate agency in the state to which the waste is delivered. (g) Home lawn and garden waste may be composted in small quantities on a residential lot as long as the compost pile does not create a nuisance for neighbors from odor or unsightliness. Compost piles must be placed at least five feet from rear- and side-yard property lines and shall not be placed in a front yard. (Code 1982, ~ 16-3) Sec. 30-4. Containers and storage of waste materials. Except on days of collection when garbage may be put on the curb for collection in residential areas, every person as a householder, occupant or owner of any dwelling, boardinghouse, apartment building or any other structure utilized for dwelling purposes and any restaurant, firm, corporation or establishment that accumulates garbage in the city shall provide and use one or more flytight and watertight metal or equivalent rodentproof garbage containers. (Code 1982, ~ 16-4) State law reference-Unlawful deposit of garbage, litter, etc., Minn. Stats. ~ 609.68. Sec. 30-5. Collection and disposal generally. (a) All garbage and refuse accumulations in the city shall be collected and conveyed under the supervision ofthe city manager. The city manager shall have the authority to make rules and regulations concerning days of collection, type and location of waste containers and other matters as he deems necessary, if the rules are not contrary to this chapter. (b) In all single- and two-family dwellings in the city, it shall be the responsibility of the owner or occupant to contract with the licensed hauler of his choice to remove garbage and refuse. (c) Fees for hauling garbage, refuse, etc., under this chapter shall be paid directly to the licensed hauler by the owner, agent, occupant or tenant of the premises at which the garbage and rubbish is collected, and such fee shall be full compensation for the services. The collector may refuse to make collections from any premises when the fees are not paid. (Code 1982, ~ 16-5) Sec. 30-6. Hours of collection. The collection of garbage or rubbish shall be made only between the hours of 6:00 a.m. and 6:00 p.m., Monday through Saturday. (Code 1982, ~ 16-6) CD30:4 rOBNAME: No Job Name PAGE: 441 SESS: 2 OUTPUT: Tue Apr 812:31:10 2003 'frrstlpubdocs/mccl3l1l2l7 ~ full SOLID WASTE MANAGEMENT ~ 30-10 Sec. 30-7. Unlawful disposal; location of containers for collection; disposal of in- flammable or explosive materials. (a) No person in the city shall place any garbage, rubbish or refuse in a street, alley or other public place or upon any private property, whether owned by such person or not, except as provided by this chapter. (b) No person shall throw or place any garbage or refuse in any stream or other body of water in the city. (c) No person shall place any waste material in any street, alley or other public place in the city. (d) No person in the city shall store, sweep or deposit any garbage or refuse in such a manner that it may be carried by elements off his property. (e) No person shall bury or burn any garbage or refuse in the city. (f) Except as otherwise provided in this article, all metal containers or equivalent, for the collection of refuse, shall, always, be located behind the rear line of the dwelling, in the garage or screened from view from the street, and at least ten feet from any abutting dwelling. (g) Highly flammable or explosive materials shall not be placed in containers for regular collection, but shall be disposed of by notifYing the fire marshal, who will issue directions for the disposal of such items at the expense of the owner or possessor thereof. (Code 1982, ~ 16-7) Sec. 30-8. Unauthorized collections. Any person who permits garbage or refuse to be picked up from his premises in the city by an unauthorized or unlicensed collector under this chapter shall be guilty of a violation of this chapter. (Code 1982, ~ 16-8) Sec. 30-9. Collection requirements generally. It shall be the duty of every contractor, scavenger and person, including his agents and employees, who has contracted or undertaken to remove any garbage, refuse, waste material, or other filthy, offensive or noxious substance or who is engaged in the removal, loading or unloading of any such substance in the city to do such with dispatch, in a clean manner and with as little danger and prejudice to life and health as possible. (Code 1982, ~ 16-9) Sec. 30-10. Manner of transporting materials. All persons engaged in the business of recycling or hauling garbage or refuse in the city shall transport the materials in enclosed vehicles, containers or bins, to prevent any loss of these materials and to prevent litter. (Code 1982, ~ 16-10) CD30:5 rODNAME: No Job Namc PAGE: 442 SESS: 2 OUTPUT: Tuc Apr 812:31:102003 'first/pubdocs/mccl3l1l2l7 _full ~ 30-11 MAPLEWOOD CODE Sec. 30-11. Obstruction of, delay of or interference with contractor. No person shall obstruct, delay or interfere with any contractor or person engaged in the city in removing any offal, garbage, refuse, dirt, dead auimals, sewage or other like substances or with the proper performance of their contract. (Code 1982, ~ 16-11) Sec. 30-12. Penalty for violation of article. Any person violating any of the sections of this article shall be guilty of a misdemeanor, and upon conviction, shall be punished in accordance with section 1-15. The city also may handle violations of this article through the admiuistrative offenses procedures in section 1-17. (Code 1982, ~ 16-12) Secs. 30-13-30-40. Reserved. ARTICLE II. COLLECTION LICENSES Sec. 30-41. Required. It shall be unlawful for any person to collect garbage or refuse in the city without having first secured from the city council a license to do so. (Code 1982, ~ 16-26) Sec. 30-42. Application; fee; duration. (a) Any person desiring a license to collect garbage and refuse in the city shall apply for the license to the clerk. The application shall set forth and require: (1) The name and address of the applicant. (2) An attestation that the applicant will follow a long-range plan of disposal in conformity with state pollution control agency regulations. (3) The applicant to: a. Use tandem axles or flotation tires to reduce the per-axle weight of all trucks used for collection of solid waste. b. Provide maps of service routes configured so that customers on load-sensitive streets will be among the first served on such routes. c. Provide collection carts or bins to customers upon their request. d. Provide collection of yard waste to customers upon their request. e. Provide special or extraordinary collection services within 24 hours of a customer's request. f. Provide special service collection arrangements for customers to accommodate their physical health concerns. CD30:6 rOBNAME: No Job Name PAGE: 443 SESS: 2 OUTPUT: Tue Apr 812:31:10 2003 'first/pubdocs/mcc/3I1l217 jull SOLID WASTE MANAGEMENT ~ 30-44 g. Indicate whether it will collect from commercial accounts, residential accounts, or both commercial and residential accounts. h. Provide information that may be required of the city by county, metropolitan, state, or federal governments. (b) The application described in subsection (a) of this section shall be submitted to the city manager. Upon finding that the applicant is responsible, has proper equipment for such collection and that no nuisance is liable to be created by the granting of the license, the city manager shall endorse and approve the application. (c) Before any license may be issued, the applicant shall pay to the clerk a license fee imposed, set, established and fixed by the city council, by resolution, from time to tiroe, which fee shall accompany the application. (d) No license issued under this article shall be for a longer period than one year, and all licenses shall expire on December 31 of each year. (Code 1982, S 16-27) Sec. 30-43. Insurance. Tbe applicant for the license required under this article shall provide a certificate of public liability insurance in the amounts specified in this section for collecting garbage and refuse. Such insurance policy shall be subject to the approval of the city manager. The applicant must also provide a comprehensive general policy of liability insurance with miuimum coverages as stated. At a minimum, the insurance shall conform to the following county requirements: (1) General liability in the following amounts: a. Bodily injury, per occurrence, or combined single limit, $500,000.00. b. Property damage, $250,000.00. (2) Auto liability in the following amounts: a. Property damage or combined single limit, $500,000.00. b. Bodily injury in the following amounts: 1. Per person, $250,000.00. 2. Per occurrence, $500,000.00. (Code 1982, ~ 16-28) Sec. 30-44. Garbage trucks. Each garbage and refuse collector licensed under this article shall provide a covered tank or wagon, so constructed that the contents will not leak or spill from it, in which all garbage and refuse collected shall be conveyed to an approved disposal facility. The truck or conveyance CD30:7 rOBNAME: No Job Name PAGE: 444 SESS: 2 OUTPUT: Tue Apr 8 12:31:102003 'firstlpubdocs/mcc/3/ll2l7 _ full ~ 30-44 MAPLEWOOD CODE used shall be kept clean and as free from offensive odors as possible and shall not be allowed to stand in any street, alley or public place longer than is reasonably necessary to collect garbage and refuse. (Code 1982, ~ 16-29) Sec. 30-45. Pickup schedules. Each licensee under this article shall consent to and follow a schedule of pickups, setting the day and area of pickups, as established by the city manager, to limit area pickups to the same day per week each week. (Code 1982, ~ 16-30) Sec. 30-46. Duty of licensees to report accnmulations of garbage or refuse. Each hauler licensed under this article shall report any accumulations of garbage or refuse. that violates this Code or other city ordinances to the city manager. (Code 1982, ~ 16-31) Sec. 30-47. Suspension or revocation. (a) Failure by a licensee under this article to comply with this chapter shall be grounds for revocation of the license by the city council after a hearing for the purpose. (b) If the city manager finds a violation of this chapter by a licensee under this article and he orders correction of the violation which the licensee fails to make, the city manager may suspend the licensee's right to operate under the terms of the license and order this appearance at the next regular meeting of the city council for a hearing on whether the suspension should continue in effect. (Code 1982, ~ 16-32) Sec. 30-48. Volume-based rates. Each garbage hauler licensed under this article shall provide to its residential customers a system of volume-based rates. A volume-based rate includes a solid waste collection charge and a disposal charge based on the volume of the solid waste. There shall be a minimum of three categories for the volume of garbage and for the rate of collection, the least amount of volume for which shall be 30 gallons. That part of the price for service based on the disposal charge shall be proportionately different for the three volumes of waste collection service. Further, each hauler shall provide services for amounts less than 30 gallons at a price below what it charges for collection and disposal services for 3D-gallon volumes. Each licensed refuse collector shall file all residential customer rates effective for the following year with the city clerk. The filing shall be on a form approved by the city and shall be amended by the licensee from time to tiroe as the rates are changed. The amended filing shall be within two weeks of any change. (Code 1982, ~ 16-33) CD30:8 IOBNAME:No Job Name PAGE: 445 SESS: 2 OUTPUT: Tue Apr 812:31:102003 'frrstlpubdocs/mcc/3/ll2l7 _full SOLID WASTE MANAGEMENT ~ 30-108 Secs. 30-49-30-75. Reserved. ARTICLE III. DISPOSAL SITES Sec. 30-76. Unlawful deposit of garbage and other substances. No manure, garbage, offal or any vegetable or auimal matter or odorous substance, which may be detrimental to health, shall be dumped at any place within the city limits. (Code 1982, ~ 16-46) Sec. 30-77. Applicability of article. No dump for garbage, refuse materials and other solid waste shall be operated within the city by any person or as a public dump operated by the city. (Code 1982, ~ 16-47) Secs. 30-78-30-105. Reserved. ARTICLE Iv. RECYCLING AND WASTE MANAGEMENT Sec. 30-106. Purpose. /1 The city's goal is to improve waste management and to serve the following purposes: (1) Reduction in waste generated. (2) Separation and recovery of materials and energy from waste. (3) Reduction in indiscriminate dependence on disposal of waste. (4) Coordination of solid waste management among political subdivisions. (Code 1982, ~ 16-56) Sec. 30<107. Program established. The city has established and developed a local recycling program throughout the city. The city's goal is to promote public education and solid waste reduction and recycling. (Code 1982, ~ 16-57) Sec. 30-108. Rates and charges. (a) The rates and charges for public education on solid waste reduction and recycling shall . be set from time to time by the council, and a schedule of such fees is on file and available in the city offices. CD30:9 rOBNAME: No Job Name PAGE: 446 SESS: 2 OUTPUT: Tue Apr 812:31:102003 'frrstlpubd0cs/mcc/3/ll2l7 _ full ~ 30-108 MAPLEWOOD CODE (b) There shall be added to all statements not paid by the date due a delinquency charge of ten percent of the amount due; provided, however, that the city manager may adjust the delinquency charge based upon a customer's circumstances such that the amount billed could not be paid by the date due. (Code 1982, ~ 16-58; Ord. No. 781, ~ 1, 6-9-1997; Ord. No. 804A, ~ 1, 12, 13, 1999; Ord. No. 809, ~ 1, 12-11-2000; Ord. No. 819, ~ 1, 12:10-2001) CD30:10 I Tues Sept 13 & Thurs Sept 22 6:30 to 8:30pm Our Redeemer Lutheran Church 1390 Larpenteur Ave. E. 81. Paul (2 blocks east of English St. on Larpenteur, just east of Lake Phalen Agenda Item 9.B . I Meet neighbors from block clubs, schools, congregations, gardeners, cultural assoc., businesses & District Councils to create a shared vision for a clean Lake Phalen and a vital neighborhood. Spin-off from this retreat to care for the lake of your choice! Learn how to stay connected with the District and the other groups via a RWMWD Lakes Groups online networking system! Part 1 - Tues Sept 13 6:30 to 8:30pm - See your connections to Lake Phalen Meet neighbors! See where your street connects to the Lake. Update on Lake Phalen's water quality and watershed conditions. Share current volunteer efforts. Hear the latest on Phalen Keller Regional master plan and the Watershed Plan. Brainstorm our vision/ next steps to keep Lake Phalen and parks clean and a beautiful community gathering place. Part 2 - Thurs Sept 22 6:30 to 8:30pm - Create action teams & next steps. Neighbors will meet in small groups to plan practical steps to move toward our vision for Lake Phalen and our neighborhoods. We will brainstorm ways to build on current volunteer efforts to keep our local lakes clean and beautiful and build awareness of and actions for our watershed. Possible Action Teams (that volunteers shared at our August Lake Group Networking Picnic): . Education! Awareness -learning about the Lake and talking with neighbors about what they can do to protect it, storm drain stenciling, WaterFest, etc. . Clean Ups -removing leaves & clippings from our curbs and litter from the park, etc. . Gardens & Planting - maintaining native plantings, rain gardens, green lawn care, rain garden tours. . localized flood control. . Master Plan and Watershed Plan follow up. Louise Watson, Sage Passi 651-792-7965 R<'f'fi!i>ey",Wa$hingtQi1: Metro Our retreat is being organized by the Ramsey- Washington Metro Watershed District with District Councils 5 & 2, the Maplewood Environment & Natural Resources Commission, and neighborhood volunteers. Sean Gosiewski, lake Phalen Area Outreach Partner Kris Hageman City of St. Paul Shann Finwall, Randee Edmundson 5t. Paul District 2 Lisa Heilman } 1 ! 5t. Paul District 5 Leslie McMurray Agenda Item 9.d Maplewood Mall Extreme Makeover for Rainwater Management Construction Site Tour Date: Tuesday, September 27,2011 Rain or Shine! If it is raining we will visit the completed features to see how they work. One-hour Tour Times: 8 am, II am, Noon, S:30 pm Tours start at the main east mall entrance. Rain water management is the reason for the changes that you will tour. It's far better to let rain soak into the ground rather than flood our streets and pollute our creeks and lakes. Stop by the Maplewood Mall September 27 for a guided tour and explanation of what we are doing and why! By taking this tour you will become eligible to help at the Grand Opening event in spring 2012 where you would help us greet visitors who attend. Chose a tour time that suits you, meet our experts, learn about our project and how you can help! -See the East Main Entrance stormwater art! -Peer into parking lot tree trenches to see how they are constructed and see completed tree trenches. -See how parking lot rain gardens, sand filters work! Agenda Item 9.e S,7,rQ;QicLAR """,,',..',""" WORKS! . FREE workshop . Learn the basics of solar energy . Hear from a panel of people who have tried solar on their home or business . Find out about incentives and rebates for installing solar . Sign up for a solar assessment for your building in tlaplewoodl What: Solar Works in Maplewood Workshop When: Tuesday, October 11, 2011 6:30 to 8:00 p.m. Where: Maplewood Nature Center 2659 7th St E, Maplewood, MN 55119 Keel Energy'; Sponsored by: Metro Clean Energy Resource Team In partnership with: City of Maplewood, Xcel Energy ilfZi'Q!lSTaU lIf.!'l^:\'lJl\:lt~ For more information, contact: Diana McKeown, Metro Clean Energy Resource Team 612-455-9172