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Home My WebLink About2014-01-15 PACKET 04.E.REQUEST O� CITY COUNCI�. ACT10N COUNCIL AGENDA MEETING ITEM #� � DATE 1/15/14 _ , � Pf�EPARED BY Public WoriCS Les Burshten ORIGINATING DEPARTMENT STAFF AUTHOR ��*��*�*�*��*�**��,��:��*�*:� COUNCIL ACTION REQUEST Consider approving an ordinance amendment to �he Solid Wast� Hauler �.icense, Sectit�n 4-2�6, subsection G, of the Cottage Grove City Code. STAFF RECOMMENDATIDN Approve the ordinance amendment to #he Salid Waste Hauler License, Section 4�2�6, subsection G, of the Cottage Grave City Cod�. BUDGET IMPL(CAT[ON: $ $ BUDCETED AMOUNT ACTUAI. AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBL.IC SAFETY � PUBLIC W�RKS ❑ PARKS AND RECREATION C] HUMAN SERVECES/RIGHTS ❑ EG4NOMIC DEV. AUTHORITY ❑. DATE 11/�8/13 REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPR�VED ❑ ❑ � ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ � ❑ SUPP(�RTING DOCUMENTS � 11/IEMO/�.ETTER: Adam Mashier, Special Projects lntern, January 6, 201�4 ❑ RESOLUTI4N: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATI�N: � 4THER: Ordinance Amendment ADMIN[STRATC}RS C4MMENTS / �v / Dafie • �e * � Jr iF �k ic �k aF 'k k * �Y �t' � :F' Y: �e � �e �e * �e �: k �t :t k * �k * * �r � * �F :F � �F �r ic * �t Yc � Yt � �t COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage / Grove � Pride and Pr°sPerity Meet To: Honorable Mayor and City Council From: Adam Moshier, Special Projects Intern Date: January 6 2014 RE: Ordinance Amendment-Solid Waste Hauler License Backqround The solid waste hauler license section 4-2-6, subsection G of the Cottage Grove City Code pertains to the number of residential licenses issued under this chapter. The current ordinance is misinterpreted by applicants and collectors are applying for a license even though the City already has the maximum 3 licensed residential dwelling/recycling haulers. The current ordinance section 4-2-6, subsection G reads as follows: No more than three (3) residential dwelling/recycling licenses shall be issued under this chapter at any one time. If a licensed collector is able to meet the two hundred (200) active account standard for license renewal under subsection F2 of this section, that collector may be issued a license, provided all other requirements under this chapter are met, even if the issuance of said license brings the total number of licenses issued to more than three (3). If, however, the collector is unable to meet the two hundred (200) active account standard, no new licenses shall be issued. The intent of this provision is to maximize efficiency of solid waste collection. Under this section, the City will issue no more than three licenses, and it may issue fewer than three licenses, if any existing hauler has fewer than 200 active accounts at the time of license renewal. The City's limit of three licenses has been in place for many years; it was established as a means of reducing the amount of heavy truck traffic on City streets. The language regarding renewal for 200 active accounts was used as a way of reducing the number of haulers by attrition. The number of licensed haulers was reduced to three several years ago, and the phrase "even if the issuance of said license brings the total number of licenses issued to more than three (3)" is confusing as the intention was not to have more than three (3) licensed residential haulers. The City Attorney has reviewed the ordinance and made changes to clear up the language. The ordinance amendment is attached. On November 18 2013, the Public Works Commission reviewed the ordinance change and voted 3-2 (two were absent) in favor of accepting the ordinance amendment. Recommendation Staff is recommending City Council approve the ordinance amendment to the Solid Waste Hauler License Section 4-2-6, subsection G of the Cottage Grove City Code. Attached is the current ordinance with the City Attorney's recommendations in blue. The second attachment is the proposed ordinance amendment with the clear language. ORDINANCE NO, AN ORDINANCE RELATING`TO SOLID WASTE COLLECTORS AMENDING SECTION 4-2-6 OF THE COTTAGE GROVE CITY CODE THE CITY OF COTTAGE GROVE DOES ORDAIN; Section 1. Section 4-2-6, subsection G of the Cottage Grove City Code ls amended to �ead as follows; (G) Number of Licenses: No more than thres (3) residential dwelling/recycling licens�s shali be issued under this chapter at any one #ime. If aJicensed collector is able to meet the two hundred (2Q0) active account standard that is required for license renewal under ��s��#+s T;�� c�ieFisecfion 4-2-6 F.2, �hen that collector may be issued a license, provided all other requirements under this chapter are mefi and provided it does nafi exceed the maximum number of licenses allowed, °��°„ �f �"� '_ _ "_'_ _ _ .�_ r. _ _ . _� �t _ _ __ _ .� � ... . � u . . . . . � .. .. � � . � ., . ��-�• 11 �'_Ht��f°Yr � c� °�� i . The intent ofi this provision is to maximize sfFiciency of solid waste colle�tion, Sec. 2. This ordinance is effective the day following publication. Adopted this day of , 2014. ATTEST: Caron M. Stransky, City Clerk Myron Bailey, Mayor 398982v1 SJS CT155-J 1 ORDINANCE NQ. AN ORDINANCE RELATING TO SOL1D INASTE COI��.ECTORS AMENDfNG SECTION 4�2�6 4F THE COTTAGE GROVE CITY CODE THE CiTY OF COTTACE GROVE DOES ORDAIN; Section 1. Section 4-2-6, subsecfion G of the Cot�age Grove City Code is amended to read as foflows: (G} Number of Licenses: No more than three (3} residential dwelling/recyc(ing IiGenses shall be issued under this ch�pt�r at any one time. If a licensed callector is able to me�t the two i�undr�d (200) active account standard that is required for license renewal under section 4-2-6 F.2, then fih�fi colfecfor may b� issued a license, provided a(I other requirements under this chapter are met and provided it does not exceed the maxirrtum number of licenses allowed. The intent af this provisian is to maximize efficiency af solid waste coll�ctian. Sec. 2. This ordinance is �ffective th� day following publicatian. Adopted this day af , 2014. ATTEST: Caron M. Stransky, City Clerk Myron Baifey, Mayor 398982v1 SJS CTI55-1 �