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HomeMy WebLinkAbout#12 - Trash Hauler Hours1 STAFF REPORT DATE: 8/6/2025 Regular Agenda TO: City Council FROM: Miranda Moulis, Planning Assistant AGENDA ITEM: City Code Text Amendment – Solid Waste REVIEWED BY: Jason Stopa, Community Development Director Ashley Monterusso, City Planner Sophia Jensen, Senior City Planner CORE STRATEGIES: ☐ Vibrant, inclusive, connected community ☒ Efficient, reliable, innovative services ☒ Responsive, transparent, adaptive governance ☐ Balanced Finances now and future ☒ Managed Growth ☐ Resilient Infrastructure BACKGROUND: Tennis Sanitation, a waste hauler operating in the City, has requested a zoning text amendment to the solid waste code. They are requesting an earlier collection time of 6:00 a.m. to accommodate their haulers’ schedules and the needs of our growing city. The current collection time is 7:00 a.m. The City Council discussed the request at their June 10th, 2025, workshop. Guidance was provided to Staff to conduct research of adjacent cities and bring forward an ordinance proposal. ISSUE BEFORE THE CITY COUNCIL: The City Council is being asked to decide on the proposed text amendment. PROPOSAL DETAILS: Sections under review: • 5.12.120 – ‘Conditions of Licensing’ PROPOSAL ANALYSIS: City staff has reviewed the cities of Oakdale, St. Paul, Woodbury, Hugo, Oak Park Heights, Stillwater, Forest Lake, Cottage Grove, Minnetrista, Lakeville, Waconia, and Maplewood. Of the cities reviewed, four have a start time of 6 a.m., six have a start time of 7 a.m. and two cities do not specify a time in their Ordinance. City Staff contacted Maplewood, Woodbury, and Cottage Grove, all of which permit waste collection to begin at 6:00 a.m. Staff at these adjacent cities confirmed that they do not receive complaints from residents when waste haulers come at 6:00 a.m. but do receive complaints when they come earlier than the code allows. Proposed language is underlined. Deleted language is shown with a strikethrough. 2 Code Section: 5.12.120 – Conditions of Licensing Proposed Language: a) Residential dwelling(s) collection shall only occur on Mondays and Thursdays. It shall be unlawful for a licensed hauler to operate on residential streets in the city on any day that is not regularly scheduled for collection, except to collect a missed pick-up, a special pick-up or when an observed holiday interrupts regularly scheduled collection. b) The council, in the interest of maintaining healthful and sanitary conditions in the city, hereby reserves the right to limit the number of licenses issued within the city. c) Before a license is issued or renewed, applicants must file a schedule of proposed rates with the city. d) Licensees must notify customers of any rate increase at least 30 days prior to effectuating any increase and must provide written notice of said rate increase to the city at least 15 days prior to notifying any customer. e) Residential refuse/recycling license rates shall include a minimum of two levels of regular service, priced on the basis of volume beginning at a volume of 32 gallons or less and in increments of 32 gallons or less. Residential refuse/recycling licenses shall also include a cost for curbside recycling. f) Commercial refuse/recycling license rates shall also include a cost for curbside recycling. g) Residential refuse/recycling licenses rates shall include a separate rate for both refuse and recycling. The recycling collection rate cannot be more than reuse collection for residential dwelling unit(s). h) No hauler shall exceed weight limits established by the city. i) No hauler shall operate in a residential district after 7:00 p.m. or before 6:00 a.m. 7:00 a.m. on any day, and no hauler shall operate in a residential district on Sunday. j) Each vehicle for which a hauler's license is issued shall exhibit the license in a prominent position on the vehicle. k) All residential refuse/recycling and commercial refuse/recycling license holders shall report to the city, on a form provided for the purposes, the yard waste abated from the landfills, as well as any other recycling information requested. The reports are to be submitted quarterly on or by January 10, April 10, July 10, and October 10, respectively. The penalty for not submitting the reports is $500.00 for the first offense, $500.00 plus an appearance before the city council for the second offense, and automatic license revocation for the third offense. l) All licensee employees shall report to the licensees any violations of LEC 5.12.010 et seq. they observe in the performance of their work and the licensees shall report all the violations to the city's code enforcement officer. 3 FISCAL IMPACT: None. OPTIONS: • Approve the proposed amendments. • Amend the proposed amendments. • Deny the proposed amendments. RECCOMENDATION: Staff recommend the City Council approve the proposed text amendment as presented by Staff. “Move to adopt Ordinance 2025-xx amending City Code as presented by City Staff” AND “Move to adopt summary of publication of Ordinance 2025-xx with approval of Resolution 2025-xx” ATTACHMENTS: • Ordinance 2025-XX • Resolution 2025-XX • Adjacent Cities Research Table City Hours Trash Collection Ordinance Code Section Links Contact Response Lake Elmo 7: 00 AM - 7:00 PM No hauler shall operate in a residential district after 7:00 p.m.or before 7:00 a.m. on any day, and no hauler shall operate in a residential district on Sunday. City of Lake Elmo : Municipal Code Oakdale 7:00 AM - 7:00 PM No hauler shall operate in a residential district after 7:00 PM or before 7:00 AM of any day, or operate in a residential district on Sunday, unless emergency permission is granted by the Building Inspector or authorized by Council Resolution. Sec. 6-23 St. Paul 6:00 AM - 10:00 PM Hours of collection—Residential areas: A solid waste collector licensed under this section may only collect mixed municipal solid waste or separate waste streams between the hours of 6:00 a.m. and 10:00 p.m. in residential areas of the city Sec. 357.07 Woodbury 6:00 AM - 6:00 PM Residential collection of solid waste shall only take place between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, as established by council, and outlined by the city's daily hauling districts. Sec. 19-8 Quinn, Heidi (Environmental Resources Specialist) <heidi.quinn@woodbur ymn.gov> Current hours have been in place since 2009. Receives complaints when haulers come before 6 AM. Hugo 7:00 AM - 5:00 PM No collection of mixed municipal solid waste (MSW) shall be made except between the hours of 7:00 a.m. and 5:00 p.m., Monday and Friday. Sec 62-59 Oak Park Heights 7:00 AM - 7:00 PM No collections of garbage, refuse, rubbish or other materials shall be made except during the hours of 7:00 a.m. to 7:00 p.m. Cc502.pdf Trash Ordinance Review -- June 2025 Stillwater 7:00 AM - 7:00 PM Daily service hours shall be between the hours of 7:00 a.m. and 7:00 p.m. for residential areas (as defined residential dwelling service/residential dwelling district) in the City. No Collection service shall take place outside of these hours. Sec 22-115 Forest Lake No references to collection time found Cottage Grove 6:00 AM - 6:00 PM No collection of solid waste or construction/demolition waste shall be made except between the hours of six o’clock (6:00) A.M. and six o’clock (6:00) P.M., Monday through Friday. CHAPTER 2: MIXED SOLID WASTE AND RECYCLING Samantha Pierret (Senior Planner) <SPierret@cottagegrov emn.gov> Ordinance approved 2016. No complaints aboutt pickup time, except when they come before 6 AM. Minnestrista No references to collection time found Lakeville 7:00 AM - 6:00 PM No collections of mixed municipal solid waste or recyclable material shall be made except between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M., Monday through Friday. Operations during these hours may also be conducted on Saturdays only to accommodate recognized national holidays or a "special pick up" as herein defined. 3-8-6: COLLECTION REGULATIONS: Waconia 7:00 AM - 9:00 PM No collection of mixed municipal solid waste, yard waste or recyclable materials shall be made except between the hours of 7:00 a.m. and 9:00 p.m., Tuesday through Thursday for residential customers. Operations during these hours may also be conducted on Friday, to accommodate recognized national holidays or a special pick-up. Sec. 730-04. Maplewood 6:00 AM - 6:00 PM The collection of garbage and recyclables for all properties shall occur between the hours of 6:00 a.m. to 6:00 p.m. Collection outside these hours shall be grounds for suspension or revocation of a hauler's license to operate in the city. Sec. 30-7 Shann Finwall (Sustainability Coordinator) - shann.finwall@maplew oodmn.gov Ordinance approved 2011. Code Enforcement responded by phone on July 3rd, 2025 and stated that they do not get complaints unless haulers are coming before 6 AM. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 2025-13 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE SECTION 5.12.120 ‘CONDITIONS OF LICENSING’ AS IT RELATES TO WASTE COLLECTION START TIME SECTION 1. The City Council of the City of Lake Elmo hereby amends Title 5 Public Works; Chapter 5.12: Solid Waste, Section 120 Conditions of Licensing by updating the following section (Proposed language is underlined; deleted language is shown with strikethrough): a) Residential dwelling(s) collection shall only occur on Mondays and Thursdays. It shall be unlawful for a licensed hauler to operate on residential streets in the city on any day that is not regularly scheduled for collection, except to collect a missed pick-up, a special pick-up or when an observed holiday interrupts regularly scheduled collection. b) The council, in the interest of maintaining healthful and sanitary conditions in the city, hereby reserves the right to limit the number of licenses issued within the city. c) Before a license is issued or renewed, applicants must file a schedule of proposed rates with the city. d) Licensees must notify customers of any rate increase at least 30 days prior to effectuating any increase and must provide written notice of said rate increase to the city at least 15 days prior to notifying any customer. e) Residential refuse/recycling license rates shall include a minimum of two levels of regular service, priced on the basis of volume beginning at a volume of 32 gallons or less and in increments of 32 gallons or less. Residential refuse/recycling licenses shall also include a cost for curbside recycling. f) Commercial refuse/recycling license rates shall also include a cost for curbside recycling. g) Residential refuse/recycling licenses rates shall include a separate rate for both refuse and recycling. The recycling collection rate cannot be more than reuse collection for residential dwelling unit(s). h) No hauler shall exceed weight limits established by the city. i) No hauler shall operate in a residential district after 7:00 p.m. or before 6:00 a.m. 7:00 a.m. on any day, and no hauler shall operate in a residential district on Sunday. j) Each vehicle for which a hauler's license is issued shall exhibit the license in a prominent position on the vehicle. k) All residential refuse/recycling and commercial refuse/recycling license holders shall report to the city, on a form provided for the purposes, the yard waste abated from the landfills, as well as any other recycling information requested. The reports are to be submitted quarterly on or by January 10, April 10, July 10, and October 10, respectively. The penalty for not submitting the reports is $500.00 for the first offense, $500.00 plus an appearance before the city council for the second offense, and automatic license revocation for the third offense. l) All licensee employees shall report to the licensees any violations of LEC 5.12.010 et seq. they observe in the performance of their work and the licensees shall report all the violations to the city's code enforcement officer. SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 8. Adoption Date. This Ordinance 2025-13 was adopted on this 6th day of August 2025, by a vote of __ Ayes and ___Nays. LAKE ELMO CITY COUNCIL _________________________________ Charles Cadenhead, Mayor ATTEST: ______________________________ Julie Johnson, City Clerk This Ordinance 2025-13 was published on the 9th day of August 2025. CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2025-056 RESOLUTION AUTHORIZING PUBLICATION OF A SUMMARY OF ORDINANCE 2025-056 WHEREAS, the Lake Elmo City Council has adopted Ordinance No. 2025-13 an ordinance that amends Lake Elmo City Code Section: 5.12.120 WHEREAS, the ordinance is lengthy; and WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lake Elmo that the City Clerk shall cause the following summary of Ordinance No. 2025-13 to be published in the official newspaper in lieu of the entire ordinance. Public Notice The City Council of the City of Lake Elmo has adopted Ordinance No. 2025-13, an ordinance that amends the City Code language. The following is a summary of the adopted ordinance language: This resolution addresses Ordinance No. 2025-13 which amends language in city code. The ordinance revises Chapter 5.12: Solid Waste, Section 120 Conditions of Licensing to change waste collection activities to allow a start time of 6:00 a.m. for waste haulers. The full text of Ordinance 2025-13 is available for inspection at Lake Elmo City Offices during regular business hours. BE IT FURTHER RESOLVED by the City Council of the City of Lake Elmo that the City Administrator keep a copy of the ordinance at City Hall for public inspection and that a full copy of the ordinance be placed in a public location within the City. Dated: August 6th, 2025 ____________________________________ Charles Cadenhead, Mayor ATTEST: ____________________________________ Julie Johnson, City Clerk (SEAL)