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Home My WebLink About9D - Report Re: Change in Refuse Collection System 4.. PRI~ ~n~\ 4646 Dakota Street S.E. U'W"" Prior Lake, MN 55372-1714 ~ESO~ CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: MAY 5, 2008 9D JANE KANSIER, BUILDING AND TRANSPORTATION SERVICES DIRECTOR AGENDA ITEM: CONSIDER APPROVAL OF A REPORT OUTLINING A PROCESS FOR CONSIDERING A CHANGE IN THE REFUSE COLLECTION SYSTEM DISCUSSION: Introduction The purpose of this report is to review the step-by-step process for considering a change to the refuse collection system in the City of Prior Lake. The staff is seeking Council input with respect to the objectives it would like to achieve. Histol"\l The 2030 Vision and Strategic Plan was updated and adopted on May 7,2007. Included in the 2030 Vision is an element for Community Capital Assets. Part of that Vision element is a five-year goal to provide community leadership in energy conservation. The Council has expressed an interest in exploring the variQus options for refuse collection. On April 21,2008, the City Council reviewed a report on the alternatives for refuse collection. The Council expressed an interest in further review and asked the staff to provide a report on the process for any potential change. Current Circumstances Minnesota Statutes Section 115A.94 (Exhibit A) provides a city the option to implement "organized collection." Organized collection is a system under which only a specified hauler or group of haulers is authorized to collect solid waste within a defined service area. The City's current system for refuse collection involves licensing of haulers, who may then enter into contracts with City residents to provide collection services. This system does not constitute organized collection under Section 115A.94. The process of changing from the City's current method of refuse collection to a system of organized collection would take more than six months. This period of more than six months is the result of Section 115A.94's requirement that, at least 180 days before changing from the current system to a system of organized collection, the City Council must, by resolution, announce its intent to establish organized collection. In addition, the Council must provide notice of and hold a public hearing before adopting a resolution announcing its intent to establish organized collection. (The earliest possible hearing date, based on notification requirements, is June 2,2008.) www.cityofpriorlake.com Phone 952.44'1.9800 I Fax 952.447.4245 The following is an outline of that process and the tasks required at each step of the process. 1. Publish Hearing Notices: ~ Prepare a notice including a statement the City is considering changing the current system and a description of the potential change. ~ Publish notice of the public hearing in the Prior Lake American at least 2 weeks prior to the hearing date. ~ Mail notice of the public hearing to all haulers licensed within the City at least 2 weeks prior to the hearing date. 2. Public Hearing: ~ The Council must conduct a formal public hearing on the potential change to the current system. ~ At the hearing, anyone wishing to speak must be allowed the opportunity. 3. Resolution: ~ Following the public hearing, the Council must adopt a resolution announcing the intent to establish organized collection. ~ The resolution must include a basic outline of the system being considered by the City. ~ No new system may be implemented for at least 180 days. 4. Planning Period: ~ The planning period lasts at least 90 days from the date of the resolution of intent. ~ The City must invite all licensed haulers to participate in the process. ~ The City must conduct meetings with the haulers and other interested parties to develop plans for an organized collection system. ~ City staff drafts plan based on discussions. 5. Review Period: ~ For at least 90 days from the end of the planning period, the City must meet to discuss the draft plan with all licensed haulers expressing an interest. ~ Staff revises plan based on any agreed changes. 6. Adopt Revised Plan: ~ This step occurs only at the expiration of the 90-day review period or if the City and all persons licensed to operate solid waste collection services in the City agree upon the revised plan, in which case the full 90-day review period is not required. ~ The City Council makes specific findings of fact that: 1) Describe in detail the procedures it used to plan and to attempt implementation of organized collection through an arrangement with collectors who expressed interest; and 2) Evaluate the proposed organized collection method in light of at least the following standards: . Achieving the stated organized collection goals of the city or town; . Minimizing displacement of collectors; . Ensuring participation of all interested parties in the decision- making process; and . Maximizing efficiency in solid waste collection. ~ The City Council adopts a new ordinance prescribing the revised ISSUES: FINANCIAL IMPACT: ALTERNATIVES: RECOMMENDED MOTION: Reviewed by: collection system. 7. Implement Revised Plan: ~ Depending on the system of organized collection selected by the City, establish collection as a municipal service, solicit bids for contracts, issue new licenses, or take other steps necessary to implement the selected system of organized collection. ~ Advertise change to residents. A chart illustrating this timeline is attached to this report as Exhibit B. The staff has already been contacted by representatives of Allied Waste who, on behalf of the local haulers, have asked to meet with City representatives to develop a plan for area-based collection that would meet the needs of the City and the haulers. The Council may wish to direct the staff to meet with the haulers informally to solicit their input before taking any further action. If the Council wishes to place limitations only on the collection days for different geographic areas, while continuing to utilize the open licensing system currently in place, the City could implement such an approach without going through the process set forth in Minnesota Statutes 115A.94 and described above. If, however, the Council wishes to establish organized collection, then the process described above must be followed. In that case, the Council should schedule a public hearing date of no earlier than June 2, 2008, and direct staff to take the necessary steps to prepare for the public hearing. The staff would prepare a resolution of intent for adoption following the public hearing. The cost of additional review includes publication and mailing costs, staff time, and consulting time. The overall costs of a change in the collection system will depend on the system chosen by the City. The Council has the following alternatives: 1. Determine whether the staff should meet with the currently licensed haulers to solicit input. 2. Schedule a public hearing and direct staff to prepare the necessary notices for publication and mailing. 3. Do nothing. As per the City Council's discussion. () f ~,1dJ~ Frank B~t' Manager EXHIBIT A 2007 Minnesota Statutes 115A.94 ORGANIZED COLLECTION. Subdivision 1. Definition. "Organized collection" means a system for collecting solid waste in which a specified collector, or a member of an organization of collectors, is authorized to collect from a defined geographic service area or areas some or all of the solid waste that is released by generators for collection. Subd. 2. Local authority. A city or town may organize collection, after public notification as required in subdivision 4. A county may organize collection as provided in subdivision 5. Subd. 3. General provisions. (a) The local government unit may organize collection as a municipal service or by ordinance, franchise, license, negotiated or bidded contract, or other means, using one or more collectors or an organization of collectors. (b) The local government unit may not establish or administer organized collection in a manner that impairs the preservation and development of recycling and markets for recyclable materials. The local government unit shall exempt recyclable materials from organized collection upon a showing by the generator or collector that the materials are or will be separated from mixed municipal solid waste by the generator, separately collected, and delivered for reuse in their original form or for use in a manufacturing process. (c) The local government unit shall invite and employ the assistance of interested persons, including persons licensed to operate solid waste collection services in the local government unit, in developing plans and proposals for organized collection and in establishing the organized collection system. (d) Organized collection accomplished by contract or as a municipal service may include a requirement that all or any portion of the solid waste, except (1) recyclable materials and (2) materials that are processed at a resource recovery facility at the capacity in operation at the time that the requirement is imposed, be delivered to a waste facility identified by the local government unit. In a district or county where a resource recovery facility has been designated by ordinance under section 115A.86. organized collection must conform to the requirements of the designation ordinance. Subd. 4. Cities and towns; notice; planning. (a) At least 180 days before implementing an ordinance, franchise, license, contract or other means of organizing collection, a city or town, by resolution of the governing body, shall announce its intent to organize collection and invite the participation of interested persons, including persons licensed to operate solid waste collection services, in planning and establishing the organized collection system. (b) The resolution of intent must be adopted after a public hearing. The hearing must be held at least two weeks after public notice and mailed notice to persons known by the city or town to be operating solid waste collection services in the city or town. The failure to give mailed notice to persons or defect in the notice does not invalidate the proceedings, provided a bona fide effort to comply with notice requirements has been made. (c) During a 90-day period following the resolution of intent, the city or town shall develop or supervise the development of plans or proposals for organized collection. During this 90-day planning period, the city or town shall invite and employ the assistance of persons licensed as of the date of the resolution of intent to operate solid waste collection services in the city or town. Failure of a licensed collector to participate in the 90-day planning period, when the city or town has made a bona fide effort to provide the person the opportunity to participate, does not invalidate the planning process. (d) For 90 days after the date ending the planning period required under paragraph (c), the city or town shall discuss possible organized collection arrangements with all licensed collectors operating in the city or town who have expressed interest. If the city or town is unable to agree on an organized collection arrangement with a majority of the licensed collectors who have expressed interest, or upon expiration of the 90 days, the city or town may propose implementation of an alternate method of organizing collection as authorized in subdivision 3. (e) The city or town shall make specific findings that: (I) describe in detail the procedures it used to plan and to attempt implementation of organized collection through an arrangement with collectors who expressed interest; and (2) evaluate the proposed organized collection method in light of at least the following standards: achieving the stated organized collection goals of the city or town; minimizing displacement of collectors; ensuring participation of all interested parties in the decision-making process; and maximizing efficiency in solid waste collection. (t) Upon request, the city or town shall provide mailed notice of all proceedings on the organization of collection in the city or town. (g) If the city or town and all the persons licensed to operate mixed municipal solid waste collection services and doing business in the city or town agree on the plan, the city or town may implement the plan without regard to the 180-day period specified in paragraph (a). Subd. 5. County organized collection. (a) A county may by ordinance require cities and towns within the county to organize collection. Organized collection ordinances of counties may: (1) require cities and towns to require the separation and separate collection of recyclable materials; (2) specify the material to be separated; and (3) require cities and towns to meet any performance standards for source separation that are contained in the county solid waste plan. (b) A county may itself organize collection under subdivision 4 in any city or town that does not comply with a county organized collection ordinance adopted under this subdivision, and the county may implement, as part of its organized collection, the source separation program and performance standards required by its organized collection ordinance. Subd. 6. Organized collection not required or prevented. (a) The authority granted in this section to organize solid waste collection is optional and is in addition to authority to govern solid waste collection granted by other law. (b) Except as provided in subdivision 5, a city, town, or county is not: (1) required to organize collection; or (2) prevented from organizing collection of solid waste or recyclable material. (c) Except as provided in subdivision 5, a city, town, or county may exercise any authority granted by any other law, including a home rule charter, to govern collection of solid waste. Subd. 7. Anticompetitive conduct. (a) A political subdivision that organizes collection under this section is authorized to engage in anticompetitive conduct to the extent necessary to plan and implement its chosen organized collection system and is immune from liability under state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce. (b) An organization of solid waste collectors, an individual collector, and their officers, members, employees, and agents who cooperate with a political subdivision that organizes collection under this section are authorized to engage in anticompetitive conduct to the extent necessary to plan and implement the organized collection system, provided that the political subdivision actively supervises the participation of each entity. An organization, entity, or person covered by this paragraph is immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce. History: 1987 c 348 s 27; 1989 c 325 s 26,27; 1990 c 600 s 1,2; 1991 c 337 s 46; 1993 c 249 s 20,21 EXHIBIT B Refuse Collection Project Schedule I MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR Publish & Mail 2 ';II eeks Hearing Notice () () Public Hearing () Resolution of () Intent Planning Period I) 90 Days () Review Period ~ 90 Da~ 's () Adopt Revised () Plan 1~lement () :> Revised System Publish & Mail Hearing Notice Refuse Collection Project Schedule Step 1 I MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR 2wE"eks () () Tasks: · Prepare a notice including a statement the City is considering changing the current system and a description of the potential change . Publish notice of hearing in Prior Lake American · Mail notice to all haulers licensed by the City Public Hearing Refuse Collection Project Schedule Step 2 I MAY JUN JUl AUG SEP OCT NOV DEC JAN FEB MAR APR () Task: · The Council must conduct a formal public hearing on the potential change to the current refuse system. · At the hearing. anyone wishing to speak to the issue must be given the opportunity. . Following the hearing. the Council must adopt a resolution of intent outlining the proposed collection system. Resolution of Intent Refuse Collection Project Schedule Step 3 I MAY JUN JUL AUG SEP OCT NOV DEC JAN FED MAR APR () Task: -Following the hearing. the Council must adopt a resolution announcing the intent to establish an organized collection system -The resolution must include a basic outline of the proposed collection system. Planning Period Refuse Collection Project Schedule Step 4 MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR 90 Days ["" " () Tasks: - Invite all licensed haulers to participate In planning process. - Conduct meetings with haulers and others to develop plan for collection system. -City staff drafts plan based on discussions Review Period Refuse Collection Project Schedule Step 5 MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR :l 90 Dal '$ () Tasks: · For at least 90 after a plan is prepared, the City must meet with all licensed haulers to discuss proposed plan. · Make any agreed changes to proposed plan. I I Adopt Revised Ordinance Refuse Collection Project Schedule Step 6 I MAY JUN JUL AUG SEP OCT NOV DEe JAN FEB MAR APR Tasks: . This ~ tep occ...Jrs only after aweemer t is real :hed or at expil'ation 01 9O-day period. . The (ounci! nust mal (e spec! flc findings of f.lct · The (ouncll Must formally a< opt ordnance. () Implement Revised System Refuse Collection Project Schedule Step 7 MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR Tasks: · Implement new system · May include: · Solicit bids · Issue New Licenses · Develop routes · Advertise notice to residents . Require residents to contract with different haulers. I I I I I I () >