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Home My WebLink About08-29-05 ~ ~~ HILLS Arden Hills City Council Mayor: Beverly Aplikowski Council members: David Grant Brenda Holden Gregg Larson Lois Rem 1245 W. Highway 96 Arden HiUs, Minnesota 55112 651.634.5120 www.ci.arden-hills.rnn.us REGULAR MEETING Monday August 29, 2005 City Vision A strong conullunity that values our unique environment, our fiscal soundness, and our tradition as a desirable ci in which to live, work) and ]a . Agenda City Council Meeting Convenes 7:00 PM Call to Order PLEDGE OF ALLEGIANCE 1. APPROVAL OF AGENDA 2. APPROVAL OF MINUTES A. August 8, 2005 City Council Meeting Minutes B. August 8, 2005 Special City Council Meeting Minutes 3. CONSENT CALENDAR A. Claims and Payroll B. Authorize City Staff to Prepare Final Plans for the 2006 Highway 96 Landscaping Project C. Change Order No.2 to Amt Construction for the 2004 PMP in the amount of $55,607. D. Payment No.5 to MC Builders, Inc. for the Perry Park Pavilion 4. PUBLIC INQUlRIES/INFORMA TIONAL A. Representative Char Samuelson-2005 Legislative Update 5. PUBLIC HEARINGS Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Council Member so requests, in which event, the item will be removed from the general order of business and considered separately in its nonna] sequence on the agenda. Public Inquiries/Informational is an opportunity for citizens to bring to the Council's attention any items not currently on the agenda. In addressing the Council, please state your name and address for the record, and a brief summary of the specific item being addressed to the Council. To allow adequate time for each person wishing to address the Council, we ask that individuals limit their comments to three (3) minutes. Written documents may be distributed to the Council prior to the meeting, or as bench caples, to allow a more timely presentation. Arden Hills City Council Agenda Augus129,2005 Page 2 6. NEW BUSINESS A. 2006 Ridgewood Neighborhood PMP Public Hearing B. Accept Refuse Hauler Task force final Report C. (PC-#03-l9) Variance Extension for 3459 Siems Court Greg Brown/Tom Moore Murtuza Siddiqui Peter Hellegers 7. Unfinished Business A. Shade Tree Ordinance Tom Moore/Schawn Johnson B. TCAAP Update-Verbal Update Michelle Wolfe CITY COUNCIL REPORTS A. Councilmember Holden B. Councilmember Grant C. Councilmember Rem D. Councilmember Larson E. Mayor Aplikowski ADJOURN Work Session Following the Regular City Conncil Meeting: Agenda Items- 1. Proposed Smoking Policy for Arden Hills City Parks 2. Extension of Royal Oaks Purchase Agreement-Verbal Update . . . ~ ~HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING AUGUST 8, 2005, 5:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 PloEDGE OF ALLEGIANCE REGULAR CITY COUNCIL MEETING CALLED TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to order the regular City Council meeting at 7:10 p.m. Present: Mayor Beverly Aplikowski, Councilmembers David Grant, Gregg Larson, and Brenda Holden. Absent: Councilmember Lois Rem. Also present were City Administralor, Michelle Wolfe; City Attorney, John Miller; Director of Operations & Maintenance, Thomas Moore; Finance Director/Treasurer, Murtuza Siddiqui; Community DeveIopmenl Director, Scott Clark; City Engineer, Greg Brown; Assistant to City Manager, Schawn Johnson; City Planner, Pete Hellegers; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the meeting agenda as presented. The motion carried unanimously (4-0). 2. APPROVAL OF MINUTES A. July 26, 2005 Special City Council Meeting Minutes B. July 18, 2005 City Council Meeling Minutes C. July 18, 2005 City Council Work Session Minutes D. July 11, 2005 City Council Minutes MOTION: Councilmcmber Larson moved and Councilmember Grant seconded a motion to approve the July 26, 2005 Special City Council Meeting Minutes as presented, the July 18, 2005 City Council Meeting Minutes as presented, the July 18, 2005 City Council Work Session Minutes as presented, and the July 11, 2005 City Council Minutes as presented. The motion carried unanimously (4-0). I IMetro- inet.uslArdenHillslAdminlCouncillM inuteslRegularI2005108-08-05 Draft.doc ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES AUGUST 8, 2005 2 . 3. CONSENT CALENDAR a. b. Claims and Payroll Lift Station #4 and #9 Reconstruction - Partial Payment #1 to Gridor Construction, Inc. Payment #6 to Amt Construction for the Edgewater Neighborhood PMP Project Final Payment to MC! Builders, Inc. for construction of the Perry Park Pavilion Resolution #05-51: Minnesota Department of Transportation Administrative Variance for the 2005 Red Fox-Grey Fox PMP Project Authorize City Staff to Prepare Plans and Specifications for Ihe 2006 Li ft Station Reconstruction Project in the amount of $26,600 Resolution #05-48: Approve the Appointments of Nancy Kneeland and Rob Davidson to the Economic Development Commission Resolution #05-49: Designating the National Incident Management System as the Basis for All Incident Management in the City of Arden Hills Resolution #05-50: Promoting the Use of Intrastate Mutual-Aid Agreements in the City of Arden Hills Final Payment to Amt Construction for the Ingerson - 2003 PMP Project City Council Acceptance of the 2006 PMP Ridgewood Neighborhood Feasibility Study and Public Hearing Schedule Date Approval of the bid submitted by Valuation Group, Inc. for $17,000 to perform a property appraisal of the TCAAP property. . c. d. e. f. g. h. I. J. k. 1. MOTION: Councilmember Grant moved and Councilmembcr Larson seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 4. PUBLIC INOUlRlES/INFORMATIONAL Gale Van Buskirk, 1390 Arden View Drive, summarized what she believed it meant to live in America and requested that Council listen to the citizens. 5, PUBLIC HEARINGS None. 6. NEW BUSINESS A. Awardinl! the 2005 PMP Red Fox/Grev Fox Proiect Bids Mr. Brown stated bids were received and opened for this project on June 29, 2005. Bids were . received from six contractors with Amt Construction Company submitting Ihe low bid with a total . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES AUGUST 8, 2005 3 bid amount of $1,375,247.66. The low bid was approximately $35,000 greater than the Engineer's estimate. He recommended the award of the 2005 Pavement Management Program to Amt Construction Company, Inc. for the total amount of $1,375,247.66. Councilmember Holden asked what was happening with the Xcel Energy parking issues in this area. Mr. Brown replied Xcel Energy had begun some of the work that was being done in conjunction with Qwest. The main parking issue was with East Side Beverage and they had prepared a draft scheme to get parking on their site. He stated East Side Beverage needed to finalize their parking and Ihey were looking at possibly using some of Smith's parking across the strcel. With respect to International Paper, the project as is, included the removal of the frontage road on the west side of International Paper and they want to shorten Fox Road, which would take some property of International Paper and they were working wilh them on a purchase of this land. Hc noted this purchase would be of benefit to the City, but it was possible to also do the project as is, and if they could not reach a mutual agreemenl, they would proceed with the project as proposed. Councilmember Grant asked if there was a poor bidding environment at the current time bccause all of the bids came in over estimate. Mr. Brown replied unfortunately inflation was catching up and generally when they had a lot of bids and they were in a fairly tight pattern, he felt it was a good representation of the markel at this time and it was an underestimate on his part by not catching up with the current costs of construction. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to award the 2005 Pavement Management Program bid to Amt Construction Company, Inc. in the total amount of $1,375,247.66. The motion carried unanimously (4-0). MOTION: Councilmember Grant moved and Councilmember Larson moved to instruct staff to adjust the CIP budget by an increase of $80,000.00. The motion carried unanimously (4-0). B. Extension of Roval Oaks Purchase Al!reement Mr. Clark stated on July 18, 2005, the City Council voted three to two to approve the Planned Unit Development and related documents for the Royal Oaks condominium office park located at the old City Hall site at the southwestern quadrant of Hamline Avenue and Highway 96. Since the Planned Unit Development required four votes to affirm, the project was denied. Due to this action staff is seeking direction from the Council on how to proceed with the disposal of the property. He indicated there appeared to be three general options: Do nothing for a selected period of time; renegotiate with Royal Oaks regarding a new purchase agreement; or start a new sales process which could include a request for proposal, marketing by signage and/or contacting selected developerlbrokers as appropriate. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES AUGUST 8, 2005 4 . Councilmember Holden asked if they renegotiated with Royal Oaks Realty, would the existing Purchase Agreement be null and void. Mr. Clark responded that was correct. Mayor Aplikowski asked if they did nothing, when would it be necessary they look at this again. Mr. Clark replied they would need to look at this again in the nexl couple of years before all of the reports previously prepared were outdated. Council member Grant stated he would not support retail or restaurant businesses on this site. Mr. Clark responded retail or restaurant businesses would not be allowed. Mayor Aplikowski noted a number of residents wanted to speak and asked Council if they wanted to hear the comments. Councilmember Larson noted Council has heard many hours of resident comments and indicated he would support only new information being presented. Councilmember Grant noted the proposed design was previously lumed down by Council, so it was not necessary to address Ihe design. He indicated he would like to receive comments on the three options being presented to Council tonight. . Stan Harpstead, 1277 Nnrsery Hill Lane, thanked Council for honoring the community's core values. He believed a new purchase agreement was in order and recognized redevelopment was necessary. He stated timing of this was also sensitive and encouraged Council to tie the community together with the TCAAP development. He asked Council to have an open bidding process for this property. Rebecca Hauch-Schmid, 1313 Karth Lake Circle, requested Council keep in mind that whatever happens with the property that they stay true to the integrity of the neighborhood. She noted there were a lot of children in the area and that this was a neighborhood. She asked they preserve their neighborhoods. Gale Van Bnskirk, 1390 Arden View Drive, requested Council keep in mind inflation with the price of the property. She requested a new purchase agreement indicate a specific sized development. She believed the purchase price was too low and requested they also look at this. She asked why let a purchaser pay 2004 prices (appraisal in November 2004) for property in 2006? She noted property values increase due to inflation. She noted the current Purchase Agreement did not address extensions or changes to the agreement and asked how would this be legally amended. She indicated the current Purchase Agreement was not specific as to the development size, in that it states "an office/condominium project of approximately 70,000 square feet." She asked why the size was not specified, at least with an upper limit. She asked if other developers could submit their proposals for developing the property if Royal Oaks proposal is not . extended. She indicated the purchase price in the Purchase Agreement is extremely low compared to a current Arden Hills commercial property with offer pending_ As understood, Collins ARDEN HilLS REGULAR CITY COUNCIL MEETING MINUTES AUGUST 8, 2005 5 . Commercial is purchasing 130,680 square feet for $980,000, which is $7.50 per square foot. Royal Oaks is purchasing 294,466 square feet for $1,385,000, which is $4.70 per squarc foot. If Royal Oaks paid $7.50 per square foot, the purchase price would be $2,208,495 (7.50 x 294,466). The difference between $2,208,495 and $1,385,000 is $823,495. Mike Giel, 4534 Keithson Drive, asked if Council had agreed that the major problem with development of the area was traffic. He stated he believed someone on Council had noted the traffic problem needed to be addressed prior to any development. He asked ifthere would be any possibility to address the lraffic situation first keeping in mind that there would be a development at some point. He noted the land was not going anywhere and if current values continued, the land should go up in value. He recommended Council address the traffic issue prior to a development being proposed. Councilmember Larson stated the City was in a unique situation because this was land owned by the City and the Council was stewards of this land. He indicated he had voted for the development previously and he believed that was a good development. He believed ifthe density was reduced, the value of the property would also be reduced. He stated it would be great if the developer came back and offered the same amount of money with less density, but he did not bclieve that would happen. With respect to access, he still believed there should not be any access onto Hamline Avenue. Hc indicated he would support the renegotiation of the Agreement with . Royal Oaks Realty. Councilmember Holden stated price was an important issue, but asked why they were only getting $5.00 per square foot for the property. She believed the land was worth more and believed Council owed it 10 the citizens to obtain the best price for the land. She indicated she had attended seven neighborhood meetings last week and the number one comment she received was that the residcnts wanted open/green space and they wanted to keep their neighborhood rustic looking. She noted they had a stewardship to the community. She stated the citizens did not want more asphalt. With respecl to traffic, she was concerned about "U" turns being made if this development would have passed. She indicated she would not support a development of 70,000 square feet. She noted she would support a development of lesser density with a Hamline access. She stated she was in support of renegotialion of the Agreement, but she wanted a totally different project. Mayor Aplikowski stated if Council was going to instruct staff to renegotiate with Royal Oaks, what was the size of development they would support. Councilmember Holden stated she would support a development size 2/3rds of70,000 square feet. . Councilmember Grant stated he was also concerned about the density and traffic, especially the "U" turns being required. He noted Council also represents the people who traveled through the City, as well as the residents who lived in the City. He stated he wanted to see a lower density development with a well designed access onto Hamline Avenue. He caulioned people to nol compare commercial properties to each other because there were sizable differences between ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES AUGUST 8, 2005 6 . commercial developments. He stated he was looking for less density, less traffic, and more green space. He did not believe maximizing the density automatically made them a good steward. Mayor Aplikowski stated they had a willing developer who showed willingness to wanting to be in the City. She stated she would rather work with the known developer rather than putting it on the open market for another year. She recommended they renegotiate with Royal Oaks Realty. MOTION: Mayor Aplikowski moved and Councilmember Holden seconded a motion to reopen negotiations with Royal Oaks Realty. The motion carried unanimously (4-0). Councilmember Larson asked how they were going to do this with respect to density, access, and traffic. He asked if they would address this at a Work Session to try and reach a consensus. Mr. Clark responded staff had a good general idea of what the Council wanted and recommended staff meet with the developer and bring back a proposal from the developer for review by Council. Mayor Aplikowski requested staff also follow-up with Ramsey County about a stop light on Hamline Avenue and curb-cuts off of Highway 96. Conncilmember Holden asked what did renegotiate mean and how long would this take. Mr. Clark replied he believed Council should be able to have a Development Agreement completed . by October I, 2005. C. PC 05-18 Mitchell Minor sub-division Mr. Hellegers stated at the August 3, 2005 Planning Commission meeting the Commissioners recommended approval of the minor subdivision and lot consolidations, after making a finding that the proposed subdivision and consolidation will not have an adverse impact on the surrounding properties or on the community as a whole, subject to one condition as noted in staff s August 8, 2005 report. MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to adopt Resolution No. 05-52, approving the requested Minor Subdivision and Lot Consolidation. The motion carried unanimously (4-0). 7. UNF1NISHED BUSINESS A. TCAAP Update Mr. Clark updated the Council on recenl TCAAP developments. B, Miscellaneous Mayor Aplikowski thanked the Mayor of Long Prairie for attending tonight's meeting and requested he give an update on his City. . . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES AUGUST 8, 2005 7 Long Prairie Mayor Rasmussen summarized the industry base they had in Long Prairie. He invited the Councilmembers to visit Long Prairie. CITY COUNCIL REPORTS Ms. Wolfe - No report given. Councilmember Holden - Stated the Newsletter articles were due on August 17. She stated she had attended seven neighborhood watch meetings this past week. Councilmember Graut - Stated after nexl weeks work session, he was unavailable for an undetermined amount of time due to work obligations and he would keep staff advised of his schedule. Councilmember Larson - No report given. Mayor Aplikowski - Stated she had also attended seven published neighborhood watch meetings, as well as one unpublished meeting. She indicated she was unavailable until next Monday's meeting. She noted there was a Mayor's meeting on Thursday, August 11, to discuss their participation in the 800 megahertz and invited any Councilmembers who were interested to attend. Mayor Aplikowski adjourned the Regular City Council Meeting at 8:45 p.m. Beverly Aplikowski Mayor Michelle Wolfe City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, August 29, 2005 at 7:00 p.m. at the Arden Hills Council Chambers. . e e ~ ~HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA SPECIAL CITY COUNCIL MEETING AUGUST 8, 2005, 5:00 P.M. CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 PLEDGE OF ALLEGIANCE SPECIAL CITY COUNCIL MEETING CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to order lhe Special City Council meeting at 6:35 p.m. Present: Mayor Beverly Aplikowski, Councilmembers David Grant, Gregg Larson, Lois Rem, and Brenda Holden. Absent: None. Also present were City Administrator, Michelle Wolfe; City Attorney, John Miller; Finance Director/Treasurer, Murtuza Siddiqui; Assistant to the City Administrator, Schawn Johnson; and Recording Secretary, Kalhleen Altman. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to adjourn to closed session at 6:35 p.m. The motion carried unanimously (5-0). Mr. Miller noted the Council was meeting in closed session for discussion of an active personnel investigation matter. Therefore, pursuant to Minnesota State Statute 13D.05, Subd. 2, a City Council meeting at which this issue is being discussed must be a closed session meeting. \ IMetro-inet. us\ArdenHillslAdmin\CouncillMinutes\Special\2005\08-08-05 Draft.doc . Prepared by: Murtuza Siddiqui Dept.: Finance Council Mtg. Date: August 29, 2005 Final Action Needed By: August 29, 2005 ~ ~HlLLS City ot Arden Hills Request for Council Action .~ Agenda Item ~~I~ Claims & Pavroll Budgeted Amount: Across City BudQet - All Funds Actual Amount: See FinanciallmDlications Funding Source: Across City BudQet - All Funds I Council Action Request: Review and Approve Consent Agenda Item 3A - Claims and Payroll Staff Recommendation: Approve Consent Agenda Item 3.A. - Claims and Payroll Advisory Commission Action: Commission Date Action PTRC Not Applicable Not Supporting Documents (which are attached to this Action Form): . D Memo/Letter: D Resolution (No. ) D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: DOther: Payroll and Claims Reports Financial Implications: Payroll #16 Total Cost $72,210.58 Payroll #17 Total Cost $52,949.65 Claims Total $384,183.42 Administrator/Staff Comments: . Page 1 of 1 \ PAGE 1 OF 4 CITY Of' ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 08129/05 COUNCIL MEETING . CJ,AIMS PAID SINCE: LAST COUNCIL MEETING (08/08/05) :::::ti):.~~::: I :CK:tJArB:: >V.tNJilM: ':-:-;';':-;':-<::';:::;': ;::-i\MOiJl'itf<r: :cO;\1!\.n~NtS : 27150 0811]/05 Affinitv Plus Federal Credit Union 2,688.87 1st Auenst, 2005 Pavroll 2715] 08111/05 ICl\.fA Retirement Trust-457 1860.04 1st August, 2005 Payroll 27152 0811]/05 Mn Child Surmort Pavment elr 370.64 1st Au,mst, 2005 Pavroll 27153 08/12/05 A-I Contract Cleanim!, Inc 1,315.28 City Hall Cleanim!: August, 2005 27154 08/12/05 Acclaim Benefits/Stanton Group lOG.DO Flex SnelldinP"' July 2005 27155 08/12/05 AlJied Waste Services #899 354.2] Waste Removal: 811-8/3[12005 27156 08112105 Anderberg Lund Printing Co. 3,173.70 Printing: Fall Rcc.Guidc(5,D49) 27157 08112/05 Animal Control Serviccs, Inc. 394.00 Do ,ICat Enforcement: July, 2005 27158 08112/05 Amt Construction ComOaJlV, Inc. 48.059.70 2003 PMP- Final Pvmt., hmt. #6, 2004 27159 08112/05 BeissweMer's How-To-StOIC 41.37 Misc. Sunnlies - Park Maint: RODes, Bolts 27160 08/12/05 Biffs,Inc 74n7 Ponable Toilets: 7/6-8/2/2005 27161 08/12/05 Davies Water Eauinment Co. 276.81 Yellow Hwv, Paint 27162 08/12/05 Deep Rock WaterComoanv 132.62 Spring Water: O&M, City Hall 27163 08112/05 Dan Enl!cbretson 120,nO Professional Services - Wrestling Camo Relristrations 27164 08l12/05 Pam Frcking 32,00 Reimb: Pce- Wee Soccer Redstration 27165 08/12/05 Goodwin Communications Grouo 5~0,00 Public Relation Sen-'iccs - 7/21-8.1212005 27166 08112/05 Gopher State One-Call, Inc. 267.25 Monthlv Services: July, 2005 Subtotal - Paid Claims 60.484.26 Pai([Claims - 189,977.52 Add Unpaid Claims, 19420590 . Tl}tal Accounts Payable C1aim~ for CoullCiI Approval, 08/29/(15- 384.183.42 NDte Checks for unpaid claims totaling $]94,205,90 to be mailed August 30, 200S after approval at the August29,200S Council Meeting *Exp. Related 10 TCAAP Project """"~~-]"";-' . e e e PAGE 2 OF 4 CITY OF ARDEN HILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROYED AT 08/29/05 COUNCIL MEETING PAID CLAIMS REGISTER: :::::I>~i(:n.;li:: ::_~MQU~~GE~~E H 27]67 08112105 Graincer,]nc 33.33 Nwnbers for New Tmck, Fuse Delay, Voltage Marke 27168 08112105 Jackie Gril:..>: 2lU5 Milea2e & PaJ'kinf': Reimb: 5/2717119105 27169 08112/05 Ha len, Christensen & Mcilwain 546.45 Pemt PaTk Constroction COJlsultation 27170 08/12105 Health Partners 883.86 DelltalJnsurancc: $e01.,2OQS 27171 081I2105 LU.a.E. Local 49 Benefit Fund 5200.00 Insurance: Sent., 2005 27172 08112/05 Int'! Union Oneratinr> Enrrineer 180.00 Union Dues: AUQ.,2005 27173 08112/05 Johnson Controls 200.00 Labor, Mechanical Resource 27174 08112/05 Lillie Suburban Ncwsnancrs 772.08 TlJank You Ad - Celebratinp Arden Hills HelnWallt 27175 08112/05 MCBuilders 20.377.22 Pcr,-" Park Proiect Final pvmt. 27176 08112/05 Me Donald Banerv Comnanv 377.76 2 - ] 2 Volt Battcrics & General Gear 27178 08112/05 Metro....oJi1an Area M""'t. Assn. 18.00 !\1A11A Luncheon 7121/05 - M. Wolfe 27179 08112/05 MiehaelA.M:illcrIlSN 1.288.00 Softball Umnires: 7/5-8/4/05 27180 08112105 Midwest Asnhalt Corn. 112.08 Road Re"""ir Material 27181 08112/05 ]aetluelineMoc 75.00 Reimb: GolfCarnn 27]82 08112105 MIl Distributin" Co 226.8] Tube Slin Yoke & U Joint Kit 27]83 08112/05 PitnevBowes-2 J,]17.59 PoSlage Meter RefiH: AU'lIst 2005 27184 08112/05 ~iekSilver 16.59 Deliverv to Andnbt;:rl! L\lnd Prinlinl! 27]85 08/12/05 RamsevCowllv 3,334.30 Fuel Purch,lst;:s: 9117/04 & 2!J6/05 27]86 08/12/05 Cih'ofRoseville 3,253.R7 Snrinl<brook UDl!Jade Trainin.\[, JP ^ 8/2005 27]87 08/12/05 Paul (Davidi SeabUlO 54.12 OveTTlavrnenl on Final Utililv Billing 27188 08112/05 Sensible Land Use Coalition 80.00 Conferenee Re'-'istrations: M. Wolft;: & P. Hellel!ers 27189 08112/05 Snorts Unlimited 520.00 Lacrosse Camn 4 davs 27190 08/12/05 St. Josenh'sE'-'ui ment, Inc. 172.83 2 Battcries& 2 Cores 27191 08112/05 Timesaver Off Site Secretarial 422.88 CC & P&R Meetinl!s: Julv,2005 27192 08/]2/05 Tok]elns.......ctions, Inc. ],]9'1.80 Electrical Insneetions: Julv,2005 27t93 08/12/05 Yisit Minneanolis North 6,788.78 Lod<>ill~ Tax: May & JUlie, 2005 27!94 08/19/05 Acclaim BenefitS/Stanton Groun 1,343.21 Medical & Da care Rcimh: 7/29 & 8/12/05 27195 08/19/05 Accounttcmns 936.51 Financial Ass!: Week endinp- 7129/05 27196 U8/19105 Air1eclne. 253.09 Drill Bits Shrink Hull Termina], Ties, AMP Fuses 27197 08/19/05 Buildin" Rcstoration Corn_ 340.00 Citv Hall: Inveslip-ate Seahml Joints 27198 08/]9/05 Canon Business Solutions 27,157.50 Purchase - Canon CUDier IR807U 27199 08/19/05 Cornorate Exnress 8160 Misc. Office Sunnlies 27200 08/19105 Co~orate Mark, ]nc 1749& Kick Balls for Na!'! Nif!ht Out 27201 08119/05 CSD 34500 InICrfJrt;:ter: 7/J ~/05 Work session 27202 08/19/05 Davanni's 65A6 Dilll1er: Work Session 8/15/05 Paid Claims, Pa.--.e 2 77 971.95 " ,d 8!: PAGE 3 OF 4 CITY OF ARDEN HILLS ACCOUNTS PA YABI.E CI.AIMS REPORT TO BE APPROVED AT 08/29/05 COUNCIL MEETING . rAID CLAIMS REGISTER: ':CKAi:;'; ;:d<:DATE:; ';'VENDOR:;" '* AMOUN'r< ',':COMMENTS" 27203 08/19/05 Ehlers & Associates, lnc. 525.00 Prenaraliun uf2004 Tlf Renurt 27204 08119/05 Eko;;tric Motor Repair, Inc, 352,12 3 Furnas Kits for Lift 1113 27205 08119/05 KenIlelh Gammell 612,00 Ta'leCCMeelinvs: 5/3J-S/R/05 27206 08/l9/05 Minnesota Dent of Health 3,24300 Waler Connection Fee 711-9/30/0.5 27207 08/19/05 PitnevBowes-2 14797 Red Ink ClrtridITe for Mailing Machine 27209 08119/05 Skvhawks Sports Academy 423.00 Soccer Program: 7/l15-7/22/05 27210 08119/05 Snencer Fran Britt & Bl'Owne LL 78.30 TCAAP Legal Services: 7/05105 Meeting 27211 08119105 Steppingstone Theatre 660,00 Stand Un & Act PWlITam 272]2 08119105 Visit MinneanoJis Nortb 924072 Remaininf.!.6105 Lodf.!.ingTax 27213 08/19105 \\!hite Bear Lake Public Schools 480,00 Reo- for 12 - 9th Gradt: Softball Members 272]4 08/]9/05 XcelFneel!V 66LI.39 Servicefur6/13-7/20105 27215 08/24/05 AccuralePress,Inc 979.S0 1.t:llerht:adEnvelones 27216 08/24105 Affini!v Plus Fed Credit Union 2,688.87 2nd AU!!1lSt2005 Pm.TolI 27217 08/24/05 Aid E]ectric Como ration 256.75 Citv Hall: Monitor Shutdown & Repair 27218 08/24/05 MicilelleBilotta 37.00 Reimb: Soccer Mites Program 27219 08/24/05 Centra] Pension Fund 2,304.00 Union Pension: June & Julv, 2005 27220 08/24/05 Comorate Exnress 571,65 Shredder, Toner, PaDer & Cards 27221 08/24/05 ChristoDher Diemer 6026 Milea"e Reimb: 7/2~8/2/05 27222 08/24/05 Electro Watchman, Inc. 1,901.03 A]arm Service: Tower & Lift Station - 9/1-1]130105 27223 08/24/05 Ron Finnev 70.00 Referee: 2 Softball Games 27224 08/24/05 Fortis Benefits 175.05 Short Tenn Disabilitv - 9/l-lOJl/05 27225 08/24/05 GooherSDort 184.38 Mesh Ball Bags & Plastic Cones 27226 08/24/05 Bonnie Haik 37.00 Rcimb: Socccr Mitcs Pronam 27227 08/24105 Har Mar Lock & Service Center ]73.50 PerrY Park B]de: Repair & Install Locb 27228 08/24/05 David Hoch 37.00 Reimb: Girls Soccer ProQram 27229 08/24/05 ICMA Retirement Trust-457 1,9]2.39 2nd August 2005 Pavroll 27230 08/24/05 Int'l Union Oneratinlt En.cineer JXO.OO Union Dues: Seotember, 2005 27231 08/24/05 SbawnJnlmson 75.00 Milea 'e Reimb: 8f] 9 8/21/05 MPELR.A. Conference 27232 08/24/05 Adam Kaufrnan 70.00 Refund: 2 Adult Softball Games 272}:1 08/24/05 DcbraMadaras 37.00 Reimb: Girls Fall S uirts Soccer 272}4 08/24/05 Minnewta Mutual Life 303,80 Life Insurance: $eDtember, 2005 27235 08/24/05 Mn Child SUPDOr! Payment Ctr. :nO,64 lnd ^u""st 2005 PaVToll 27236 08/24/05 MN NCF.PERS Lite Insurance 60.00 GrauD Life 1nsnrance: Sentembcr,2oo5 27237 08/24/05 MIl Oistributinl!: Co. 178-24 Renair Items: Taro Tractor 408 27238 08/24/05 Newman Traffic Signs 851.64 Street Sii!T\s & T e1esnar Posts 27239 08/24/05 Office Deoot 22.4] Certificates 27240 08/24/05 ChervlOlson 37,00 Reimb: Girls Fall SnuiJ1S Soccer 27241 08/24/05 Peterson, Fearn & Bee man P.A 6,884,36 Attornev Services: Julv.2005 27242 08/24/05 Rams!:vCountv 2.027.55 Fuel Purchases: Jul', 2005 2724~ 08/24/05 Jason Rizzi 70.00 Refund: 2 Adult Softball Games 27244 08/24/05 Ruseville Citvof 381.45 0& M Phone Service: August, 2005 Paid Claims-Page 3 45,313.27 . . . . . PAGE 4 OF4 CITY OF ARDEN IIILLS ACCOUNTS PAYABLE CLAIMS REPORT TO BE APPROVED AT 08/29105 COUNCIL MEETING PAID CLAIMS REGISTER: ~~E.\i~p~+.t :::::..:)'.':"".'.'.':.':, :.:,).,.,:'...:.,.,.':,.,.,...,.....,.).':.) 27245 08/24105 S&S Tree & Hartie. Soec., Inc. 4,800_22 Tree Removal in Parks 27246 08/24105 Star Tribune 376.78 Ad for Community Development Dire-cloT 27247 08/24105 Timesaver Off Site Secretarial 195.25 Recordinll Secretary: CC MeellIlIl BIS/US 2724& 08/24/05 Traffic Control Corporation 835.79 Signa] Closure Kif, Poly_ Ped. tkad I Paid Claims - Page 4 6,208.041 UNPAID CLAIMS REGISTER; 27177 2720& 27249 27250 08/12/05 08/)9/05 08/24/05 08/24/05 Met Council Environmental Service Ramsev Counl URSCo oration URSCor oration "13,888.06 63,460.25 37,90/00 48,956.59 Waslc Water Service: 5et.,2005 Law Enforcement Services, Au J _, 2005 En ineerServices 6/18-7/22/n5 En inecrScrviccs: 512]-611712005 Unpaid CI~ims 194,205901 ~ ~ " e ~ ~ ~ " A " ~ A ~ '" U " '" U .., ..,~ o:!i "'" >-- ",,, ~ 0 >-- ~~ "" ,-,'" ,,~ "" ,-; A" ;7, t o .~ U.. ,,~ ~ II..... ~ ~ z 5 " "" '" o >- i: u ~ $~ g ..; 0 ~ ;. ~ 0 ~ j 0 0 0 0 ~ 0 g g g g " 0 0 0 0 ~ ~ 0 ~ 0 :;: 0 " 0 M 0< 0 0< 0 0 0 0 0 0 0 0 0 M ~ g 0 g g 0 M M g '" 0 '" ~ g g g i> g 0 '" 0 0 '" ~ i> ~ '" ~ 0 ~ ~ 0 0 0 "' ~ ~ ~ ~ 0' ~ ~ N " M M M M M ~ ~ ~ ~ ~ ~ ~ ~ ~ M 0 0 0 0 g '" 00 ~ '" ;:; ~ M ~ 0 0 ~ 0 " 0 :;: 0 0 0 0 0 ~ ~ 0 ~ ~ ~ ~ ~ ~ ~ 0 M~ ~ M ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 ~ ~ ;( g g ~ '" 0 ~ ""';ori ~ ~ 8 ~ :;: " ~ ~ ~ '" ~ ::; g 8 ~ ;i ~ ~ ~ ~ ~ ~ M o~ ~ ~ ~ ~ ~ ,- 0 ~ ~ ~ ~ ~ ~ ~. ~ ~ ~" M ~ ~ ~" ~. ~ ~ ~ ~ ,. ~ ~ 0 - - ~ - M - " M - - - M N N - M N ... ~ " ti ~ ~ M on "'..,. 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'" ? -< ..: ~ ;2] i 8 ~ ~ r ]"11 ~ t i; f= <0 ~ jj -.; :E -'< - ~ t-;::; ~ 1 5 c " ~.. <Z2 ~ .,g e~i~]<J:~~n.';;~~~ " aopOClQQCOClClQQQCOOQo a OOQQPClOQOQPClOClOQ'" o Q o 0 '.0 ...... "" 0. _ ;' ;' ~ ;; :;;: :! ~ N ;g J; .... "" '""'" M~~;~ <', ;::::i v. 0 j 8 8 '" "2 E "2 0 .i: ~ " ~ n. 0 f- ;g 6 ~ .E o o " .~ o V q 1-o.~ ,= In ~:@ ..., .> ~ 1.~ - :n :-};.;I U <.,$ " ~ 0: p:;S!..-,.. 1 ~ " ~ ~ c~o ~ ~~ ~~~.-.~:;;:; ~ ...... e; ~ ~ " " " .,. ,~, ...... N ~ ~ :d ;J ~ ~ ~ ~ ~ ~ " ~ :;; OJ @ l~%i~~ n.~~~o~ "" <t < <> " " ., S:! ::d ,- g......g......g~gggN ~ ~ ~ ~ ~ ;;:; ;' ~ ~ o c 00 ::::; ,jI; ~gg;:;::rO<l'"' g~g~~~ggg...,os; ;,; ~ E : .,. "" ~' ~ .,. ~ : ~ ~; ~ ; g ~ ~ ~ + N '" J, ,j d 0 ~ ~ ~ - ~ 'Ii 2 E <= ~ G c ~ , ~ ~ :i: ~ ~ ] c C ;j -<~~:E>:6~~ OJ] "-::i ~ ~ .n ~~r>:~"'j~f-~ ~8.,.~;~~~~~~~~~~~:~~~ e e e Prepared by: GSB Dept.: Engineer Council Mtg. Date: 8/29/05 Final Action Needed By: 8/29/05 ~ ,,^~HlLLS City 01 Arden Hills Requ_est for Council Action Agenda Item :I.fi:l Hiqhwav 96 Landscapinq Budgeted Amount: 210,000 Ac!ual Amount: 16,800 . Funding Source: Street Funds Council Action Request: Authorize City Engineer to prepare plans and specifications for the Highway 96 Landscaping Project. Staff Recommendation: URS has prepared and refined the concept landscaping plan for Highway 96 with Council over the past year. Based upon discussion at the last Council Worksession, we are requesting authorization to direct the City Engineer to prepare final construction plans for the Highway 96 Landscaping Improvements Project including the irrigation of median planting areas. Approximately 45% of the project costs will be funded by Ramsey County through reimbursement to the City and through the use of County State Aid funds. Final plans and specifications will be prepared with this authorization. Council will be requested to authorize the advertisement of the project in November following preparation of plans and specifications. Advisory Commission Action: Commission Date Actio n Not Applicable Not Applicable Not applicable Planning Supporting Documents (which are attached to this Action Form): [:SJ Memo/Letter: Work authorization letter from City Engineer to Michelle Wolfe dated 8/23/05. D Resolution (No. ) D Ordinance (No. ) D Engineering Recommendation: D Attorney Recommendation: DOther: Financial Implications: Engineering scope per the city ongoing contract terms with URS. Total project cost of $345,000 includes approximately $40,000 in engineering and $305,000 in construction costs. Total City project cost anticipated to be approximately $190,000 with the remainder funded by Ramsey County AdministratorlStaff Comments: Page 1 of 1 e August 23, 2005 Ms. Michelle Wolfe City Administrator City of Arden Hills 1245 Wcst Highway 96 Arden Hills, MN 55112 RE: Work Order 05-04 Highway 96 Landscaping Project Dear Ms. Wolfe, The following proposal is offered as a confirmation of our scope of work, estimated fees and schedule for the above-referenced project. GENERAL PROJECT SCOPE The proposed scope of work includes services for preliminary engineering, preparation of final plans and construction services for the proposed landscaping and irrigation improvements along Highway 96 between Lexington Avenue and Snelling A venue in Arden Hills. BASIC SERVICES e Design Phase URS will prepare final plans and specifications for the project based upon the concept plan presentcd to the Council earlier this year. Design phase work will be accomplished in accordance with our Professional Services Agreement. Final plans and specifications will be prepared to City standards and will be submitted to City staff and County staff for review and comment. No formal public hearings are anticipated for this project and the preparation of a feasibility report is not included in the scope of professional services. Bidding Phase URS will provide bidding phase services in accordance with the Professional Services Ab'Teement. URS will submit advertisements for bidding, produce bidding documents, answer contractor questions, issue addendums and conduct the bid opening. URS will check bids and provide a detailed hid tabulation and recommendation of award to City Council. ADDITIONAL SERVICES No additional services are anticipated for this project. CONSTRUCTION SERVICES URS will provide construction services in accordance with the Professional Services Agreement. The services will include contract administration, field inspections and construction staking. Construction testing will be coordinated by URS but will be provided by others and will be billed to the City through URS as an cxpense (with no markup by URS). e . Ms. Michelle Wolfe August 23, 2005 Page 2 ESTIMATED COSTS We propose that the basic services identified above be completed on a percentage of construction cost basis consistent with the terms of our Professional Services Agreement. It is estimated that the project construction cost will bc approximately 5345,000.00. An outline of our estimated fees and direct expenses for the project are detailed below: Estimated Fees for Basic Services Percentage Multiplier to be used for Basic Services based upon estimated construction cost of5305,000.00 and curve included on Exhibit D of thc Profcssional Services Agreement: 7.6%. Since we are not required to prepare a feasibility report for this project our fees for design and bidding services arc 65% of the chart percentage => 4.94%. Total fec for design and bidding services: 4.94% of Construction Cost: $15,070.00 . Construction Services 10.0% of Construction Cost per the Professional Services Agreement 530,500.00. We propose to provide complete construction services for 7.5% due to the lowcr relative administrationlinspection effort per dollar cost for plantings. Construction services include plant inspections in 2007 and 2008 with direction to contractor on replacement of plant materials throughout warranty period. Total fee for construction services is therefore 7.5% ofJ05,000 =>$22,875.00. Direct Expenses Direct expenses for the project include items such as mileage, parking, photography, printing and delivery services. Construction materials testing services performcd by AET are also included as a part of the anticipated expense budget. URS will bill all expenses incurred on the project directly to the City with no URS markup. Expenses are anticipated to include construction materials testing ($250), printing and distribution of plans ($1,000), courier and miscellaneous costs ($50) and mileage ($200). The total estimated amount for direct expenses is $1,500.00 ESTIMATED FEE SUMMARY Busic Services (percent of construction cost) Construction Services (percent of construction cost) Expenses (estimated, no markup) Total Estimated Fee $ 15,070.00 $ 22,875.00 $ 1.500.00 $ 39,445.00 All work, therefor is estimated to be complete for a total amount of $39,445.00. Final amounts for Basic Services and Construction Services will be based upon the actual construction cost ofthe project in accordance with the Professional Services Agreement. . Thresher Square 700 Third Street South Minneapolis, MN 55415 Phone: (612) 370-0700 Fux: (612) 370-1378 Ms. Michelle Wolfe August 23, 2005 Page 3 . SCHEDULE The following is the proposcd schedule for the project: Council Authorization August 29, 2005 Final Design Period September-October, 2005 Bid Opening Decembcr, 2005 Begin Construction May, 2006 Complete Construction July, 2006 Plant Warranty Period Expiration July, 2008 Thank you for the opportunity to provide these services. We look forward to working with you and City staff on this project. Please call if you have any questions or we can provide any additional information. A completed Work Order Form is attached for your execution. Sincerely, URS Corporation Gregory S. Brown, P.E Arden Hills City Engineer . Copy Tom GeearlURS Kathryn Ryan/URS Mark Lyneh/URS File Pending Thresher Square 700 Third Street South. Minneapolis, MN 55415 Phone: (612) 370-0700 Fax: (612) 370-1378 . . . WORK ORDER NO. 05-04 This is an authorization to proceed and site-specific scope of services under the Professional Services Agreement between the City of Arden Hills and URS/BRW dated November], ]997. Project: Hi~hway 96 Landscaping Project We hereby authorize you to proceed with the following phases of services: Preliminary Design Services, Final Design Services, Bidding Services and Construction Services as outlined in URS proposal letter dated August 23, 2005. Payment shall be on the basis of: . Percent of Construction Cost: In accordance with Exhibit D of the Professional Services Agreement The Estimated Tota] Fcc for URS under the Work Order is: $39,445.00 The Final Completion Date for the services included under the Work Orders is: July, 2008 URS,INC. CITY OF ARDEN HILLS Signed: Signed: Title: Title: Datc: Date: . . . ~ -'1\~HILLS City of Arden Hills Request for CouncilAction Prepared by: Greg Brown Dept.: Engineering Council Mtg. Date: 8-29-05 Final Action Needed By: 8-29-05 Agenda Item\a~l~ 2004 PMP Chanlle Order #2 Budgeted Amount: $0 Actual Amount: $55,607.00 Funding Source: Multiple Council Action Request: Motion to Approve Change Order #2 for the 2004 PMP Project in the amount of $55,607.00 to Amt Construction Staff Recommendation: Staff is recommending City Council Approval of Change Order #2. Advisory Commission Action: Commission Date Action Not Applicable NotApplicable Not applicable Supporting Documents (which are attached to this Action Form): o Memo/Letter: o Resolution (No. 05-"") o Ordinance (No. ) [gJ Engineering Recommendation: We have completed final quantity tabulation and negotiations with Arnt Construction regarding the 2004 PMP and require the attached Change Order !o be executed in order to compensate the Contractor for the remainder of the additional watermain work completed last year. Change Order #1 approved last winter addressed some of the items associated with the watermain work, this change order addresses items which required price negotiation and/or quantity verification which was not complete at the time of Change Order #1 issuance. We anticipate a final payment will be prepared for Council approval for the September 12, 2005 meeting. o Attorney Recommendation: o Other: Financial Implications: Change Order will be funded with watermain, roadway and storm water funds. Administrator/Staff Comments: City staff recommends approval of Change Order #2 for the 2004 PMP. CHANGE ORDER NO.2 ram URS Job No.: 37951-027-0101 Owner: City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Date ofIssuance: August 29, 2005 Contractor: Amt Construction, Inc. P.O. Box 549 Hugo, MN 55038 Engineer: URS Corporation Thresher Square Building 700 Ibird Street South Minneapolis, MN 55415 Description of Change Order: The contract has been modified to include payment for additional work associated with the replacement of existing watermain pipe along Edgewater Avenue and poor subgrade soils. This work was required due to the poor condition of the water main observed during excavation. Much of the material excavated for watermain trcnching was of poor quality and not suitable for recompaction into the trench and was removed from the site and . replaced with suitable materials. The additional work will reduce the potential for significant watermain issues in the Edgewater neighborhood. This work was performed at negotiated prices or contract unit prices where applicable. The additional work also includes furnishing and installing temporary water services for the 21 residences affected by the watermain shutdown. on under roadways and watermain trenches and pond excavation required by Rice Creek Watershed District. The individual items associated with this additional work are as follows: A) Remove curb stop and box 14EA @ $55.00EA ~ $770.00 B) Reconnect water service 14EA@ $275.00EA ~ $ 3,850.00 C) I" Curb Stop -14@ $165.00 ~ $ 2,310.00 D) Temporaty water services 21EA @ $825.00 ~ $17,325.00 E) Repair outside water spigots 6EA @ $165.00 ~ $990.00 F) Watermain Fittings 700 LB @ $3.20 ~ $2,240.00 G) Connect to Existing Watermain 4 EA@ $1,260.00 ~ $5,040.00 H) Subgrade Excavation 1,700 CY @ $11.46 ~ $19,482.00 I) 48" Manhole Catchbasin !5 LF@ $240.00 ~ $3,600.00 Total Work Change Order No.2 $55,607.00 Thc additional work will be funded through the watermain utility, storm drainage and street funds. Recommended Approved By: By: URS Corporation Amt Construction, Inc. Approved By: City of Arden Hills . . Prepared by: Thomas J. Moore Dept.: O&M Council Mtg. Date: 8/29/05 Final Action Needed By: 8/29/05 ~ ~HlLLS Chy Ul lliuell nills ue t for Council Action Agenda Item III Pay Estimate #5; The Final Pavment to MC Builders for Perry Park Pavilion Budgeted Amount: Actual Amount: Funding Source: $332.124.50 $13,705.66 Park Fund Council Action Request: Approve Pay Estimate #5; The Final Payment for MC Builders, Inc. of Becker, Minnesota in the amount of $13,705.66. Staff Recommendation: Staff recommends that the City Council approve Pay Estimate #5; The Final Payment for MC Builders, Inc. of Becker, Minnesota in the amount of $13,705.66. Advisory Commission Action: Commission PI~nl1ing_ PTRC Date Action ........ .... __NotApplicClbl~______ Notj\pplicable ... . __ _t>Jot_ applicable__________J . Supporting Documents (which are attached to this Action Form): [3J Memo/Letter: August 23, 2005 o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendalion: [8J Other: Payment # 5; the Final Payment Finaneiallmplications: N/A Administrator/Staff Comments: . Page 1 of 1 ~ ~~HILLS MEMORANDUM . DATE: August 23, 2005 Agenda Item 3.D TO: Michelle Wolfe; City Administrator ~. Thomas J. Moore; Director of Operations & Maintenanc~ ~ k FROM: --- SUBJECT: Pay Estimate #5; The Final Payment - Perry Park Pavilion Back{!round At the April 20, 2004 Regular Council Meeting, the City Council approved the plans and authorized the advertisement for and the obtaining of bids for a new pavilion at Perry Park. The City Council approved 2004 CIP Budget for the pavilion was $350,000. At the June 28, 2004 Regular City Council Meeting, the City Council authorized the bid award to MC Builders, Inc. of Becker, Minnesota in the amount not to exceed $332,124.50. The funding source for this project . is the Park Fund. Construction began in August, 2004 and has proceeded in a timely manner. Staff Recommendations Staff recommends the City Council approve Pay Estimate #5; The Final Payment for MC Builders, Inc. of Becker, Minnesota in the amount of $13,705.66. Total dollar amount paid to date is $332,124.50. . . .~ ~ o o Cl :'!; '" I- Z W :;; >- <( D- o:: o u.. W I- <( (.) u: i= 0:: w <.:> C) z <( z .~ <.:> :::i "- "- <( "' 1-0 01- .8n::~~ cw-OC OZII-- :SSUZ ,go~8 g[[J] '" o o LO ~:~ ~ it Z o ;:: '" a ::J a. a. '" "- a w . o "' a. <ON 0' ~ i;'liJ Jg3:l[) I az :r2 c ~ w~- ~~r ;~~ o~~ "' w Z ~ o b I- o o '" w a. UJo 0z wI- I-a I~ ao "'"' <(a. C ID W ~ we... ~ ~ !;] 1i)<(LD E m 1.0 o~z c-u 2" (l.l..-- tJ)- f6> R 0. 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McILWAIN ARCHITECTS MEMORANDUM Thomas Moore From: Matt Lysne April 14, 2004 0415 Date: City of Arden Hills 1245 West Highway 96 Arden Hills, MN 55112 Comm. No: Copies To: File Charles Perry Park Shelter Sent Via: Fax (651.634.5137) Courier Application for Payment #5 Tom, Application for payment, for your review, approval and files. Thank you, Matt PH 612-904-1332 FAX 612-904-7366 212 TH!RD AVENUE NORTH SUtTE 350 MJNNEAPOl..IS, MN 55401 '" 1-0 00 Ea:::ll1<( cw!:::o.:: OZI"- ~$~5 :@O<to ~DIl "' o o "' ~ ;;; ro f..- i.1 '" ::, o o Cl " <( .. 2 o ;:: '" o :::; tL tL <( I- 2: w ::;; >- <( c.. c: o "- W I- <( ~ U- ;::: c: w o c z <( 2: o ;::: <( o ::i 0.. '" <( ,:.: o UJ , o '" tL '" N '" ~ >- ~ ro"' ,<"' {j,2 I~ !!! 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E ro 0 ro ro '" S c w E ~ m 'C iiJ U " 0 0 ro o~ ~ '" ." .9- ." ~ ~ ~ l' '" 2 c '" 0; ~ w 0 'c ill ~ '" W '" 0 c 0 ~ 2 0 0 m m ~ 0 0 0- _ o_ w m 0: m UJ "' '" :;; :;; () I- 0 u: UJ w z (fJ z :;; W (9 i5 "' I 0 Z <( " ~ N W a ~ N "" " on '" "- '" 0> '" '" !:: N "" ,- '" '" "- '" 0> ~ - ~ ~ ~ ~ 0 0 6 6 <'> a <'> 6 6 <'> <'> <'> <'> <'> <'> 0 0 6 0 6 6 '" '" . e . ~ ~~ HILLS MEMORANDUM DATE: August 25, 2005 Agenda Item 4.A. TO: Honorable Mayor and City Council Members FROM: Schawn Johnson, Assistant to the City Administrator SUBJECT: State Representative Char Samuelson-2005 State Legislative Update Backl!round Representative Char Samuelson will be attending the August 29th City Council meeting to provide a brief overview of the 2005 legislative session. . . . ~ ---t\.~HlLLS City of Arden Hills Request for Council Action Agenda Item .~..~ 2006 PMP Budgeted Amount:1 ,670,000 Actual Amount:TBD Funding Source: Multiple Prepared by: GSB Dept.: Engineer Council Mtg_ Date: 8/29/05 Final Action Needed By: 8/29/05 Council Action Request: Conduct public hearing for the 2006 PMP - Ridgewood Neighborhood Reconstruction Project. Staff Recommendation: City Engineer should provide overview of project and options prior to opening the public hearing. Advisory Commission Action: Commission Date Action Not Applicable Not Applicable Not applicable Planning Supporting Documents (which are attached to this Action Form): o Memo/Letter: o Resolution (No. ) o Ordinance (No. ) ~ Engineering Recommendation: The feasibility report was received by Council at the August 8, 2005 meeting and outlines the anticipated improvements, options, costs and funding associated with the 2006 PMP project. Two general neighborhood meetings have been held to date as well as a meeting with the Lake Johanna Beach Club and a meeting with Rice Creek Watershed and the Beach Club leadership_ The public hearing will allow residents to voice their opinions, raise concerns and ask ques!ions about the project in a formal setting. The City Engineer can provide a brief overview of the project and options prior to the opening of the public hearing if Council desires. Attached is a draft outline of the material that will we will have for the public hearing. o Attorney Recommendation: o Other: Financial Implications: Administrator/Staff Comments: Page 1 of 1 ~ --A~HILLS Public Hearing 2006 Pavement Management Program Ridgewood Neighbomood August 29, 200S General PMP Philosophy . . Sut'YeySb-eetCor.dition Every Three Years . Neighborhood Approach .~~~treetsUpta , . COmprehensive Improvements . """ . UUDtles .stormSe.wet . w......Qu.oIlty Ridgewood Neighborhood Issues .. Pa~mentCollditlon Dropping Rapidly .. Poor Dfalnage Infroslructure .. I..ack. of Curb and Gutt~ .. Runoff Entering Loke Untreated . RetaIning Wan on Slems Cm>" . Sanitol)' Sewer f<lrcemain Condition . Right of Way .RJd~Road . AtdenPlace&.Skaeslane AGENDA .':;.'i~t;&j~ctiOns .. GenecalPMP Philosophy '.. RIdge-wood Neighborhood "'"" .. Identified Improvements '. Project Budget .. Project Process{Time line .. COOstnJctiOnPro.:ess .. Summary .. ResidentQuestlonsand Comments General PMP Philosophy City (Street Standards) . Concrete Curb and Gutter . Street Widths per Functional Oassifl(.atlon . 9 Ton Pavement Design . sand SUbbase for Frost Protection .. Storm Sewer Catthmcnt and Treatment Identified Improvements .. CUrb 1100 Gutter Type .Exp:lsed~ate ,CoIoredConcrele . Siems COurt RetaIning Wall . Street WIdths . Stooll Water Treatment SCOpe . sallitary Sewer Forcemaln . WatermainA100gArden Place . Ridgewood Court . . . 1 . . . Proposed Roadway Improvements Proposed Storm Improvements Proposed Watermain Improvements ..- ,';::' ~._~. Typical Roadway Section . ~ ;\';~ ;16" -- Ii "'.----- . .==.== ._____ ..._w ~-f:.~ '---::.<::,...;-- ~ - ~=j ., , ,~---- I --,,-- ---- - . .-- ..-- ---~-_._- ~.....- .;.~....".- I t t t- -t-@-.J -- IZ -- Proposed Sanitary Improvements ~~";~~;::m! I , . Project Options . .. Siems Court Retaining Wall . Option l-lea'fe Wall As Is . Option 2 - Remove Retainir19 Wall '* Right of Way . Option 1 - Shift roodway into City ROW . OptlCIJl 2 - Acquire ROiIdway Easement . Roundabout . At Ridgewood R.oad & Arden Place . At$iemsG:lurt&Arden Place .. Sidewalk .. Watermain - Replace entire neighborhood 2 Retaining Wall Options ['>"!"'{'., I' ,., .... =-::=;.;::;;.c-_-c.. i-.- Project Budget .. Roadway: $1,042,000 .. Drainage: $540,000 .. Water: $148,000 .. Sanitary Sewer: $88,000 .. Easements: $13,000 .. Total Project:$1,831,OOO Assessed Addresses Roundabout Options Project Budget (Cont.) . Funding Sources: General Fund, Assessments, Storm Water Utility Fund, Sanitary Utility Fund, Water Utility Fund, Rice Creek Watershed .. Approximate Assessment Rate: $8,000 per fot Project Process .. Informational PMP Meeting ~ January 26, 2005 .. Follow up to January 26th Meeting - Harm 23, 2005 '*' LEke Johanna Beach Club Meeting - April 28, 20{)S .. Lake Johanna Beam Club Meeting - July 14, 2005 .. Feasibility Report - August 2005 .. Public Hearing - August 29, 2005 .. Final Design- Sept 2005 ~ Dee 200S .. Assessment Hearing - January 23, 2006 .. Approve Plans and Specs ~ February 2006 .. Project Construction. May 2006 - Sept. 2006 . . . 3 . . . Construction Process . .. Access ... Temporary Mailboxes .. Private Utilities .. Underground Utility Improvements .. Initial Paving 3 -4 Weeks After Existing Pavement Removal .. Driveways ..Sod and Seed After First Pavement lift <tl' Final Pavement Lift is Last Item '" Will be Messy and Noisy . Summary .. Reconstruction of All Neighborhood Streets ... Rehab Sanitary Sewer Forcemain .. Drainage Improvements '* Watermain Improvements along Arden Place '" Project Cost: $1,830,000 (Est. Total) ~Con5truction; May - September 2006 '* Feasibility Report on Une . 'NWW.ci.arden-hills.mn.us 4 . . . ~ ,^~HILLS City of Arden Hills . R..e(llll~st for ~()ulJcil Action Prepared by: MS Dept.: Finance Council Mtg. Date: 8/29/2005 Final Action Needed By: 8/29/2005 Agenda Item ~~~ Final Report - Assessment Policy Task Force Budgeted Amount: Actual Amount: Funding Source: Council Action Request: Review attached final report and Memorandum of Understanding of the Assessment Policy Task Force (Refuse Hauling). Staff Recommendation: Accept the report and jointly sign the Memorandum of Understanding between the City and refuse haulers. Advisory Commission Action: Commission Action Not Applicable Not Applicable . Not applicable Date Planning Supporting Documents (which are attached to this Action Form): o Memo/Letter: o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: [gJ Other: Final Report and Memorandum of Understanding Financial Implications: N/A Administrator/Staff Comments: Page 1 of 1 ~ ~~HILLS . MEMORANDUM DATE: August 26, 2005 Agenda Item 6.B TO: Honorablc Mayor and City Council FROM: Murtuza Siddiqui, Finance Director/Treasurer 'r.~s, SUBJECT: Final Report - Assessment Policy Task Foree (Refuse Hauling) BACKGROUND: In the fall of2004, the City Council revised the purpose and scope ofthe Assessment Policy Task Force and requested the group to review and examine the impact garbage trucks have on the city's streets and 10 explore options that may reduce the wear and tear of the streets. The Task Force explored numerous options by seeking input from the garbage haulers, studying reports published by various consultants, and observing the process and outcome the City of . Falcon Heights was going through as it studied organized collection. The Assessment Policy Task Force has completed their work and presented their report to the City Council at their Work Session on August 8, 2005. The Council appeared to be satisfied with the report and it is being presentcd at this meeting for the final approval. (Please see the attached report for the details). DISCUSSION: See attached report for details. RECOMMENDED ACTION: Staff recommends the City Council accept the Assessmenl Task Force's Report on Refuse Hauling and to jointly sign the Memorandum of Understanding between the City and the Refuse Haulers. . . . ORIGINAL ~ ~HILLS City of Arden Hills Assessment Task Force - Refuse Hauling Final Report Dated: July 13, 2005 TABLE OF CONTENTS Introduction ......................................... ....................................... ........... 1 Review of Task Force Activity............................................................. 2 Summary .................................................................................................6 Recommendation ...................................................................................7 Appendix Appendix A - Appendix B - Appendix C - Appendix D - Appendix E - City of Falcon Heights Organized Collection Study URS Memorandum Regarding Pavement Design University of Michigan Transportation Research Institute Report Minnesota Statutes "Waste Management" Chapter Haulers Proposal and Draft Memorandum of Understanding CITY OF ARDEN HILLS ASSESSMENT TASK FORCE - REFUSE HAULING FINAL REPORT INTRODUCTION In 2003, the Assessment Policy Task Force was established. At the February 9, 2004 City Council meeting, the Council appointed the following members to the Assessment Policy Task Force. Assessment Policy Task Force Members: . a Gerald Garski (chair) a Bill Gillies a Andy Holewa a Raymond McGraw a Charles Stoddard (former chair - resigned) a Jim Holden a David Grant, Council liaison a Gregg Larson, Council liaison (alternate) a Murtuza Siddiqui, staff liaison The original purpose of the Assessment Policy Task Force was to review the eXlstmg Assessment Policy and to study alternatives and forward its recommendation to the Council. The Task Force completed its task and the Council adopted the 2004 Assessment Policy on September 13, 2004. As the Task Force was considering and evaluating vanous assessment methodologies and options, they started to discuss what the city can do to preserve and prolong the life of the existing streets to minimize the special assessment (cost) burden on the residents. It was discussed that large vehicles, such as school buses and trucks can cause a considerable amount of wear and tear on the roads. It was indicated that a number of neighborhoods are served by three to fOllr different refuse haulers. Often one hauler is in the neighborhood to serve only one or two . Page I residences, thus driving through a number of streets to get to their destination and causing the wear and tear on the city streets. Since the Assessment Task Force worked on the assessment issues and subsequently revised the Assessment Policy, it seemed logical that they undertake the task of evaluating and assessing the refuse hauler issues as their trucks make a significant impact on the streets. The revised purpose and scope of the Task Force was as follows: To study the impact of heavy duty vehicles on the city streets. . To review services provided by various haulers. To review their reputation and pricing structure. To consider contracting with a limited number of haulers to serve the entire city. To draft a recommendation to the Council, outlining its finding and a course of action. REVIEW OF TASK FORCE ACTIVITY The Task Force met seven times to discuss the issue of what the City can do to reduce the wear and tear on the streels. Since garbage trucks travel frequently through the city streets, focus was placed on them. The Task Force moved forward with the assumption that since garbage trucks are heavy vehicles, they cause wear and tear on the streets. Would the life of the streets be prolonged if the number of trips or number oflrucks were limited? The Task Force looked at a few cities that had either adopted the organized collection system or are considering the option as a solution to reduce the wear and tear on the city streels. The city that was going through the final stages of this process was Falcon Heights, which became the point of focus. The Task Force reviewed their report to learn the process they were going through and the steps involved in the organized collection system. As part of reviewing this report, the Task Force also looked at lwo studies that were referenced in the Falcon Heights report. The Task Force had requested that the City Engineer make a presentation to the Task Force that shows the impact heavy trucks make on the streets. This was not an easy task for the Task Force. They went Ihrough an intensive educational process to ensure that whatever recommendation they make to the city council impacts the residents of the city. Page 2 The Task Force meetings were attended by an attorney representing the garbage haulers, representatives from various garbage hauling companies, and a local resident to observe and listen in to the discussions ofthe Task Force. The Task Force considered a number of options, as outlined below for addressing the garbage hauling issues as it pertained 10 the preservation of streets. They considered pros and cons of each of the options considered. Listed below are the options that were considered: Divide Existine: Haulers into Quadrants Pros: . Limits only one hauler into the neighborhood, therefore, reducing the truck traffic. This will reduce the wear and tear of the streets. Due to efficiencies on the side of the hauler, residents may be able to get a price break Fewer trucks III the neighborhood. Less nOIse and air pollution, and traffic reduction. Haulers do nollose business if the neighborhoods are divided equally. . . Cons: . Takes away Ihc choice from the residents. They will not have a choice to go to another hauler ifthey are dissatisfied with the existing hauler. This will require some level of involvement from Ihe City. Either up front, or on an on-going basis to monitor the activity. This may require an ordinance. This may be considered a form of "organized collection". Legal Ramifications? . City Nee:otiates One Price with All Haulers Pros: Cost savings to the residents. The resident has a choice to pick any hauler of their choice. Cons: . Takes away the competitive nature of any business. Residents may not be able to receive any special deals. Page 3 City has to get involved. Up fron! and/or in subsequent years. Does not address lhe issue of wear and tear. Still has the same level of traffic. Question oflegality - price fixing. Limit the Number of Haulers in the City Pros: Cons: Limits the numher of haulers, in total. Have four instead of eight or ten trucks going through the city streets. Only licensed haulers can serve the City. . Less traffic. Less wear and tear. Residents have a choice. They can pick a hauler of their choice. They have the ability to "hire" and "fire". City would have to pass an ordinance to limit the number ofhaulcrs. (This is not necessarily a "con"). . Legal ramifications? Organized Collection Pros: Cons: The process can be centrally controlled. . Possible cost reduction to lhe resident. Can use the City's "clout" to negotiate better rates. Traffic flow can be controlled. . Lcss noise and air pollution. Have one truck in the neighborhood instead of multiple trucks. Reduced wear and tear ofthe streets. Can require the hauler to haul all items. City can impose restrictions. Such as: Limit the truck size, usc of floating axel, bringing in the trucks empty. Permissible under the state statues. . . The process is very lengthy and involved. Involves formal studies, residents' input, public hearings. Legal ramifications? May havc to dedicate a staff position to manage the efforts, dealing with issues, and be prcpared to be responsive to the needs of the residents. Strong opposition by the residents and the haulers. Page 4 Work Jointlv with the Haulers and Their Representatives to Address the Wear and Tear Issues Pros: . Cons: Do Nothin!! Pros: . . Places the responsibility on the haulers and their representatives to offer options as to what they can do to save the wear and tcar on the streets. Gives the City the opportunity to negotiate rates, and mandate the routing, the type of hauling, the size of the trucks, number of axles - (3 axles), reduction in axle weight, making sure that trucks come in to the City empty, etc. Has little or no increase in the current workload of City employees. Retains the competitive aspect ofthc hauling business. Enables the residents to choose whatever licensed hauler they prefer. Ask the haulers to accept all refuse. Work with the haulers to structure rates to tie to inflation. Require garbage trucks to have an onboard weight recorder so that it can be enforced. Only licensed haulers who fit the requirements of the City can serve the community. . If a particular refuse hauler does not have the right equipment/truck, they will not be able to serve the City due to non-licensure. If the requirement is to modify the existing equipment, they may raise the fees in the future to recoup their costs. Who would realistically police the haulers for compliance with the terms of the agreement? . Residents may not want any changes - why go through the effort? Any alternative accepted will require holding meetings to educate the residents and be prepared to defend the position. Will require further research and must determine ifthe residents do indeed want a change. This will require surveying and tabulating the results. Allow the residents to make their own choices. Page 5 Cons; By doing something is to provide an improvement over the existing services, either preservation of streets or improved services. Summary In summary, during the first six meetings, the Task Force focused on the following items: I. Read the report which was prepared by Falcon Heights. This report detailed the process they went through during the two year period, the feedback from the residents, and the studies they considered. 2. A report from the Arden Hills engineer. 3. Presentation and educational information provided by the vanous haulers and their attorney. At tile sixth meeting, the Task Force discussed the pros and cons of the options discussed above and decided to select the option of working with the haulers to assist the City of Arden Hills in addressing the problem of wear and tear of the streets. The garbage haulers accepted this challenge and returned to the meeting of June 8th to offer their suggestions. The Task Force was not able to find any conclusive evidence that by reducing the number of garbage trucks on the streets of Arden Hills would prolong its useful life. It was also discussed that if the weight garbage trucks cause the damage on the street, then what about other commercial trucks that travel the local streets, such as UPS and other delivery trucks. Would the city place restrictions on them as well as the garbage trucks? At its seventh meeting, on June 8th, the Task Force received a report from the garbage haulers that outlined how they could work with the city to preserve the streets. The Task Force has worked with the attorney for the garbage haulers to draft a memorandum of understanding. This memorandum of understanding is included with the attachments. Page 6 RECOMMENDATION The Task Force recommends that the City of Arden Hills sign a memorandum of understanding with the garbage haulers that will serve as a goodwill effort on the part of the garbage haulers to help reduce or minimize the wear and tear of the streets, as well as other benefi ts that can be recognized by the residents ofthe city. Page 7 Appendix A City of Falcon Heights Organized Collection Study: Final Report Dated: October 13,2004 . City of Falcon Heights Organized Collection Study: Final Report October 13, 2004 . City of Falcon Heights 2077 W. LarpenteUT Avenue Falcon Heights, MN 55102 651-792-7600 Fax 651-792-7610 www.ciJalcon-heights.mn.us . City of Falcon Heights Solid Waste Commission Organized Collection Study: Final Report October 13, 2004 Table of Contents Executive Summary .................................... ............................................ .................3 Introduction. ................................... ..........................................................................5 1. Cost and Efficiency.. ... ....................................... .............................................8 II. Impact of Garbage Trucks on Our Community ............................................13 III. Deciding Where Our Trash Goes..................................................................18 IV. The Hauling Industry and Public Policy.......................................................24 Conclusions and Recommendations ... ..................................... ........ ......................29 Appendices Appendix A: Goals adopted January 28, 2004 ............................................35 Appendix B: Interim Progress Report of June 23, 2004..............................37 Appendix C: Proposal from the Haulers......................................................42 Appendix D: Information on Rates..............................................................52 Appendix E: Impact on Streets ....................................................................55 Appendix F: Letters to Residents.................................................................57 Appendix G: Alternatives to Organized Collection.....................................69 City of Falcon Heights Final Report on Organized Collection October 13, 2004 . . . 2 . . . Executive Summary 'When the Falcon Heights City Council passed a resolution of intent to organize waste collection under the terms ofMlnnesota Statute 115A.94 on March 24, 2004, Council members emphasized that final decision on organized collection would depend on the results of more in-depth study of the issues. The Council authorized the Solid Waste Commission to undertake this study and allowed an additional three months beyond the minimum 90 day planning period for the Conunission to complete that work. Of the 16 goals in the original list that was approved by the Council on January 28, 2004, most, especially those related to quality service, are being met now under the existing open system, especially when residents "shop wisely" for service. The Conunission focused its research on the areas where they felt the City's goals are not being met, addressing the following questions: . Do Falcon Heights residents pay more for trash pickup than residents of cities that have organized collection? . Would it make a real difference to our quality of life and our community infrastructure ifwe hadfewer garbage trucks on our streets? . What is the best environmental practice in disposing of the trash we do not recycle or compost? And is it important for citizens to have a voice in determining where their garbage goes? The Commission's major fmdings are as follows: . Falcon Heights residents do pay more for garbage collection than residents of cities with organized collection. .. Small container Medium container Large container (30 - 38 oallon) (60 - 68 aallan) (90 - 98 aallons) Average io Falcon Heights (not $13.59 $15.56 $17.17 includinn tax and C.E.C.) Average of Little Canada, Shakopee, White Bear Lake, Stillwater and Narth SI. Paul (all $8.13 $10.07 $12.19 organized; tax and CEC not included) Table 1 . Significant savings in operating costs can be realized by efficiency - using fewer trucks to serve more households. In an open system those savings go to increased profits for haulers, not lower prices for customers. . Extra garbage trucks on our streets and alleys do have a significant impact, according to the definitive study by the University of Michigan Transportation Research Institute. Vehic1e axle weight is the largest determining factor in pavement wear, and garbage trucks account for a major share of the total weight load on our streets. City of Falcon Heights Final Report on Organized Collection October 13, 2004 3 . Garbage tTUcks malce up one ofthe oldest, least fuel efficient, noisiest and most . polluting fleets of vehicles in the United States. Governments have a role to play in motivating conversion to quieter, cleaner trucks. . There are potential hazards associated with all means of municipal solid waste disposal. Under the Minnesota Waste Management Act, processing of waste for fuel (incineration) is preferred to landfilling. . FederaJ regulation has imposed major improvements in landfills, but land for these facilities is becoming harder to find. . Refuse-derived fuel provides much more electric power than landfill gas and greatly reduces the volume of waste that must be stored at the end. . In Ramsey County, haulers are contracted until 2007 to take all or part of the waste they pick up to the Resource Recovery Facility in Newport. o In Falcon Height half the licensed haulers have the "all waste" contract and haIfhave the "some waste" contract. o The only way for the City to be sure that all waste goes to the RRF, especially after 2007, is to implement organized collection. . The RamseyIWashington County public collection study, among others, documents major consolidation in the waste hauling industry since 1995, with three major national corporations controlling two thirds of the business. o Open collection has not stopped small local companies from going out of business or being bought out by large companies; in fact the process has accelerated. . o Continued consolidation of the industry in the future could leave residents with few choices, little power in the market place and no voice in environmental choices about municipal solid waste . Study after study has emphasized the importance of these issues and recommended organized collection as the option that best serves the interest of the community, even in cities and counties that have not, in the end, made that choice. The licensed refuse haulers of Falcon Heights, through their representative, have proposed that Falcon Heights keep the present open collection system. They have offered some voluntary accommodations to provide some mitigation of the impact of multiple trucks on City streets. They have also expressed willingness to work with the City to facilitate public education on solid waste issues. If adopted, these measures would be formalized in a Memorandum of Understanding signed by all parties. From the fmdings of its study reported here, the Solid Waste Commission concludes that the interests of City residents would be better served in the long term by implementing organized collection. The Commission recommends proceeding with implementation of organized collection under the terms of Minnesota Statue 115A.94 . City of Falcon Heights Final Report on Organized Collection October 13, 2004 4 . . . Introduction On March 24,2004, the Falcon Heights City Council passed a resolution of intent to organize refuse collection under the provisions of Minnesota Statute 115A.04 (1). At that time the Council called upon the Solid Waste Corrunission to undertalce frniher study of all the issues related to the proposed change. The results of the Commission's study are presented here with a list of options for the City and the recommendations of the Solid Waste Commission. Background For many years the City of Falcon Heights has had an "open" system of trash collection. The City does not provide refuse collection as a municipal service but requires residents, apartment owners a11d businesses to contract independently with a hauler licensed in the City. This kind of system is common in Minnesota, but it is not the only way to manage municipal solid waste. Trash collection can be managed by the city (or county), either with a municipal system using city trucks and city employees, such as in Minneapolis, or by contracting with one or more private companies to perform the service. This is called public collection or orga1llzed collection. In 1990 Falcon Heights considered organized collection but did not adopt it, although the door was then left open for future consideration. Since then the solid waste industry and the regulatory environment have changed dramatically. In 2002 the Falcon Heights Solid Waste Commission was reactivated at a time wben Ramsey and Washington Counties were conducting a major study on whether organized collection should be implemented county-wide. As part of its mission to work toward a more efficient, more economical a1ld more environmentally sound solid waste disposal system in Falcon Heights, the Solid Waste Commission followed the Counties' study with interest and began to reconsider the question of whether an organized collection system would serve the interests of Falcon Heights residents better than the open system. The Commission spent a year in preliminary study and discussion of the issue. Response to questions related to solid waste in the 2002 city-wide survey (which covered many topics, not just trash collection) indicated that there was some public support for the possibility of a city-negotiated contract if it could bring lower prices and more environmentally sound practices. There was anecdotal evidence that other cities had been able to negotiate lower refuse pick -up prices for their residents by implementing organized collection. Falcon Heights had recently undertaken a major series of street and alley reconstructions, and residents had expressed concern about the impact of multiple garbage trucks on this expensive new infrastructure and related impacts on the quality of life: safety, noise and air pollution. As a result of what they learned in 2002 and 2003, the Solid Waste Commission recommended to the City Council January 28, 2004, that the City formally enter into the process of organizing municipal solid waste collection under the telIDS of Minnesota City of Falcon Heights Final Report on Organized Collection October 13, 2004 5 Statute I I 5A.94. The Commission also preseIited a list of goals related to how an organized system would look in Falcon Heights. (Appendix A) Letters were sent to all . the residents of single family homes in the City and to all the licensed haulers informing them of the Commission's recommendation and armouncing a public hearing before the City Council on March 24. As they had done with the RamseyIWashington Counties' process two years earlier, the haulers mounted a direct mail and advertising campaign urging residents to contact the Council and express opposition to organized collection. Many did so, but almost as many expressed their strong support of the idea. (public comment from that phase of the process was recorded and given to the Council. The public comment log is too long to be appended to this report, but it can be viewed at City Hall.) In the end the Council did approve the resolution of intent by unaninlous vote on March 24, 2004. At that time the Council stated very clearly that their approval of the resolution of intent was not a final approval of organized collection but a direction to the Solid Waste Commission to continue their study of all sides of the issue. The Falcon Heights 90-day planning period has been extended to allow for additional study requested by the Council. Progress since March 24 Under the terms of the statute, after a city holds the public hearing and passes a resolution intent, it is then required to spend at least 90 days in the development of plans or proposals for organized collection, providing to licensed refuse haulers the opportunity to . participate in the plarming. Following the end of the planning period, the statute calls for another period of at least 90 days, designated for discussion of possible organized collection arrangements with the haulers. A city may implement organized collection at the end of the discussion period, unless all parties have reached some other agreement sooner. Since March 24, the Solid Waste Connnission has met monthly to work on the study and to do the planning called for by statute. Members of the Commission toured the resource recovery facility at Newport, Minnesota, where municipal solid waste is prepared as fuel for producing electricity, and the "state of the art" landfill at Elk River. Commissioners and Staff sought information from other cities that have considered organized collection and reviewed published infonnation, not only on organized collection, but also on related economic, environmental and policy issues. A public information meeting was held on May 20. On June 23 the Conunission annOlUlced the need for an extension to the plarming period and gave an interim progress report to the Council. The report was published on the City website and is included with this report as Appendix B. Participation afHaulers In addition, the Commission held two informative and constructive meetings with the refuse haulers licensed in Falcon Heights. At those meetings haulers indicated that they would like to work with the City on alternatives to organized collection and they offered . City of Falcon Heights Final Report on Organized Collection October 13, 2004 6 . . . several ideas for voluntary Cha11ges they would be willing to make. At the Commission's request, those ideas have been put in written form by Mr. Doug Carnival, the attorney representing the Mimlesota Chapter of the National Solid Waste Management Association (NSw:MA), who was present at all the City meetings. That document is submitted with this repOli as Appendix C. Summary The Solid Waste Commissioners realized that many of the goals adopted in January are already being addressed by the existing system, depending on how wisely residents shop for garbage hauling service. This was confirmed by the comments of residents and discussions with haulers. But several goals are not being met, and the Commission feels now, as it did in January, that these are important. We wanted to fmd real answers to these questions: . Do Falcon Heights residents pay more for trash pickup than residents of cities that have organized collection? . Would it make a real difference to our quality of life and our community infrastructure ifwe hadfewer garbage trucks on our streets? . Is it important for citizens to have a voice in determining where their garbage goes? The information collected by the Solid Waste Commission is presented here in four major sections: 1. Issues of cost and efficiency 2. The state of the solid waste industry and the impact of the present system on our community 3. Where we send our trash: enviromnental and economic impacts 4. Falcon Heights' decision in context: the experience of other cities and counties Finally, the Commission presents potential plans for going forward, with its recommendatio~s. City of Falcon Heights Final Report on Orgaoized Collection October 13, 2004 7 I. Cost and Efficiency . Comparison of Garbage Collection Fees Consumer cost was one important factor leading the Falcon Heights Solid Waste Commission to explore the possibility of organizing refuse collection in Falcon Heights. The table below gives a quick comparison of local communities. Type of I City collection 30 Clallon 60 gallon 90 gallon Falcon Heiohts (averaoe of 6 comoaniesl Ooen $ 13.59 $ 15.56 $ 17.17 Rosevillelaveraoe of 7companiesl- Ooen $ 12.85 $ 14.90 $ 16.84 Manlewood /;,verane of 9 haulers' Ooen $ 12.19 $ 14.11 $ 16.08 North St. Paul. 2003 Ornanized $ 8.07 $ 8.86 $ 10.39 Shakonee, 2004-2005 Ornanized $ 8.60 $ 10.65 $ 12.24 Little Canada. 2002 (most recent rates listed) Oroanized $ 8.29 $ 9.77 $ 11.29 White Bear Lake Oroanized $ 7.50 $ 11.00 $ 15.00 Stillwater, 3 vears endina 12/31105 Ornanized $ 8.16 $ 10.06 $ 12.03 Table 2. Note: The Falcon Heights average was calculated from the rate schedules haulers are required to submit with their annual license applicaton. The County Environmental Charge is not included; taxes were subtracted from the rates that included them. More information is given in Appendix D.) . During their preliminary study, Commissioners saw a study done by the City of North St. Paul in 2000 which showed that, among a surveyed group of Metro area communities, those with only one hauler or a consortium of haulers tended to have lower average rates than those with a high number of haulers. (1) This led the Commission to wonder ifFa1con Heights residents could gain a bargaining advantage by "buying in bulk." In other words, haulers might be prepared to offer a lower price to customers if they could be guaranteed the business of the whole city or a section of the city. It seems to work elsewhere. For instance, few individual consumers can negotiate the same discount on a new car that a large corporation purchasing a whole fleet of cars can get. Ran1sey County and the City of St. Paul have special purchasing contracts with vendors for all kinds of products and services, saving large amounts of taxpayer money. Through a joint powers agreement, Falcon Heights participates in this arrangement. Residents who shop at warehouse discount stores save money on per unit costs by buying in bulle But does this principle work for trash collection? Haulers insist that it does not. In fact they have claimed that county or municipal organization of waste collection would cost consumers more. When a City contracts for residential waste hauling, they said, prices go up. (2) In fact, structured price increases are usually built into service contracts that last over several years (for example, both NOlih St. Paul and Shakopee built increases into their contracts). This is only fair when a provider's costs are also rising due to inflation. But Falcon Heights residents have also . City of Falcon Heights Final Report on Organized Collection October 13. 2004 8 . seen their prices go up under the open system, and there is no reason to expect that haulers would refrain from all futur.e price increases if the City decided not to go ahead with organized collection. Over the long term, prices are likely to rise, whatever option the City chooses. The question is, are ilie structured increases under a contract likely to be greater or less than the increases imposed on customers in an open system? And is iliere a "bulk buying" effect that drops ilie prices when a City organizes? Rates and systems vary widely around the country, from highly structured "pay as you throw" systems to those that charge a flat rate for any amount of trash. Commission research came up wiili information on many cities, some of which are included in Appendix D. Rate tend to be much higher in coastal states where land for landfills is scarce and costly and waste must be transported for longer distances. The most meaningful comparisons can be made with communities in ilie Twin Cities Metro area, especially in Ramsey County. This sample in Table I is not exhaustive by any means, but it does show that at least some nearby communities that have organized collection have achieved rates iliat are lower than the average charges in Falcon Heights, Roseville and Maplewood, which all have open systems. Efficiency . The Falcon Heights Solid Waste Commission set as one of its major mission goals improved efficiency in the City's solid waste collection system. But is this a meaningful goal? Does efficiency really matter? Yes, it does, according to the U.S. Environmental Protection Agency. (7) The EP A cites a recent study by SW ANA (the Solid Waste Association of North America) showing iliat collection represents the most costly phase of solid waste management, up to 62% of total system costs. Finding ways to pick up more waste with fewer trucks and fewer people in less time can have a big impact on total costs. For a trash hauling business, costs per customer are minimized when the hauler serves a densely populated area. When customers are widely dispersed, the hauler has to pay more for fuel, labor, and truck maintenance to earn the same revenue. In an open system, a hauler who can accumulate the best customer density achieves ilie most cost efficient operation. "Using fuel and labor efficiently.. .has a positive cost impact for ilie haulers and should result in lower prices for consumers," according to the Minnesota Attorney General's Office. (8) . The big question for consumers, however, is whetller "those savings are passed on to them or pocketed by ilie hauler." Some communities have tried to mal,e the efficiency factor work for them by joining togeilier by block or by neighborhood to contract with a hauler. The Attoruey General's report gives ilie example of St. Paul's Tangletown neighborhood, which was able to contract for significantly lower costs than the residents City of Falcon Heights Final Report on Organized Collection October 13, 2004 9 had been paying individually. The City of Bloomington has a program to help their neighborhoods organize collection on their own. In Falcon Heights, the residents of Hollywood Court negotiated as a group, with the common goal of having fewer trucks on their fragile alleys. University Grove has had grass-roots organized collection for years. . Another way for the consumers to get back the savings from increased efficiency is through a city contract. "Municipal governments are in a position, by virtue of the way they procure rubbish hauling services for their citizens, to dictate whether consUlllers or haulers will get the most benefit of customer density efficiencies." (9) Other Research . The 1993 report on organized collection ii'om the state Attorney General's Office, Antitrust Division, has been quoted elsewhere as finding considerable price advantantage for consumers in a "competitive" system. However, the report does not equate "competitive"' with "open," but includes competitively-bid city-wide systems in the "competitive" class. The "uon-competitive" systems against which the report recommends are those in which a hauler has an exclusive contract that has been awarded or extended without competition. (3) . GBB Solid Waste Management Consultants conducted studies of metropolitan area rates in 1993 and 1994. They found that the average rates under organized systems was 13% lower than than for open systems for 30 gallon containers, about 9% lower for 60 gallon containers, over 16% lower for 90 gallon containers and 16.6% lower over all. (4) The GBB study also broke out averages by county. In Ramsey County, customers in open systems paid an average $13 .30 per month for a 30-gallon container, while customers in organized systems paid an average of $11.78. The differences are even greater for larger containers. See the Chart in Appendix D. (5) . . Appendix 14 of the RanlseylWashington report also sUlllillarized findings from Oakdale, North St. Paul, Maplewood and Lauderdale, which had conducted fee comparisons in their ovm organized collection studies. In every case, monthly rates were lower for cities witll organized collection than for cities with open systems. (6) Special Deals It has been pointed out that haulers have been offering as much as six months of free service to new customers. "How can an organized city system compete with that?" the Commission has been asked. Residents who have accepted these offers would do well to study the fine print in their contracts, especially if they think they will be able to switch to another hauler as soon as their free service period comes to an end. They aTe likely to fmd that they have committed to a minin1um contract period of several years, \vith major penalties for cancellation. Businesses cannot offer these discounts without recovering their costs . City of Falcon Heights Final Report on Organized Collection October 13, 2004 10 . . . somehow. Even if new customers can be financed by charging slightly higher rates to everyone else, even spreading the increase across a huge customer base, the County Environmental Charge does not go away. While the customer is getting free service, the hauler is paying the CEC and needs to recover that cost. Over the lifetime of such a contract, with no ability to "shop around" when the rates go up or service quality changes, customers may find these are not such good deals after all. Stealing Service Minnesota law (Waste Management Act) requires cities with over 5000 residents to ensure that every household has refuse pickup service. With an open system, this is simply impossible. Falcon Heights code does allow "self-hauling" under limited circumstances, which is supposed to mean that the householder transports his or her own refuse to a transfer station, landfill or other legal processing facility and pays the tipping fee. What it means, in practice, as the Committee heard anecdotally in public meetings, is that some residents avoid paying the cost of the waste they produce by passing that cost on to others. Whether they take their waste to work and put it into the employer's dumpster or drop it off in a trash can at the mall or a city park, they are essentially stealing service and raising the cost to everyone else, the same as if they were running their electricity off of someone else's meter. Notes 1. City of North St. Paul 2000 rates comparison charts, provided by North St. Paul staff. See Appendix D 2. This claim featured prominently in letters sent to residents after the City armounced plans to enter into the organized collection process at the end of January, 2004. The letters, generated from an industry template and reprinted on each company's letterhead, were nearly identical to letters sent out during the Ramsey-Washington Counties public collection study in 2002. See Samples in Appendix F. 3. Minnesota Attorney General's Office Report on Municipal Rubbish Hauling, 1994 (file copy) 4. "Comparative Economic Analysis of MSW and Recycling Collection in the Twin Cities Metropolitan Area," prepared for tile Minnesota Office of Environmental Assistance by GBB Solid Waste Management Consultants, September, 1994. 5. Appendix 14, "Pnblic Collection Study: Final Rep01t," RamseyfWashington Counties Resource Recovery Project, 2002. 6. Ibid. City of Falcon Heights Final Report on Organized Collection October 13, 2004 11 7. "Getting More for Less: Improving Collection Efficiency," EP A530-R-99-038, U.S. Environmental Protection Agency, November, 1999. . 8. MN Attorney General's Office Report on Municipal Rubbish Hauling, 1994 9. Ibid. The Attorney General's report goes on to stress that these cost advantages for consumers are best realized when a competitive process is used to award the contract. At issue, in the report, was the difference, not between open and organized systems, but between cities that had a non-competitive contracting system and cities with a competitive process for contracting, whether solicitation of bids or requests for proposal. . . City of Falcon Heights Final Report on Organized Collection October 13, 2004 12 . . . II. Impact of Garbage Trucks on Our Community Impact of Truck Weight on City Streets Concern about wear and tear on City streets is high on the list of reasons why the Solid Waste COlrunission chose to reopen consideration of organized collection in Falcon Heights. Since the beginning of 1993, Falcon Heights has spent over $5 million dollars in capital improvements to streets and alleys (Appendix E) and over $500,000 on maintenance (average $44,189 per year). Concern about the inlpact of garbage trucks on our infrastructure is not unfounded. A major study by the University of Michigan Transportation Research Institute concluded that "Fatigue damage to rigid and flexible pavements is most directly determined by maximum axle loads and pavement thickness." (1) Typical3-axIe garbage trucks have an axle weight of approximately 20,000 pounds per front axle and 44,000 lbs on the rear pair combined - the highest axle weight of any vehicle traveling city streets. (2) According to standard figures used to calculate the impacts of different kinds of vehicles on pavement, a typical passenger car has an Equivalent Single Axel Load (ESAL) factor of .0007, compared to a truck with 18,000 pounds per axle, which has a factor of 1.0, or the equivalent of 1429 cars. A garbage truck can be as high as 1.6 or 2286 cars; MnDOT uses a formula that says one garbage truck trip is equivalent to 1000 car trips. (3) In Falcon Heights, we have quoted a much more conservative ESAL factor of 0.6 for a 2 axle garbage truck, or the equivalent of 857 cars, given by H.R Green, City Engineer. (4) Even so, a little common sense calculation shows that garbage trucks account for a significant share of the vehicle weight on our streets and, thus, a significant portion of the wear that is due to vehicle weight. (See Appendix E). This is most dranllitic on those streets and alleys that get the least overall vehicle use. Duane Schwartz, Public Works Director of RosevilIe calculated that limiting the number of garbage trucks on Roseville' s streets to only one hauler could extend the usefulness of the street 5 to 10 years, saving a typical homeowner $20 to $40 per year. (5) To put this amount into context, in 2005 the cost to the average Falcon Heights household for seal coating and crack sealing will be about $20, for operation of the City parks, approximately $44; for fire protection the average cost will be about $60. Many cities that have adopted or considered organized refuse collection have cited street wear as an important factor. From the Carver County Environmental Dispatch, September, 1994: "There are many benefits to organized garbage hauling including.. .Lower street repair costs to the city. Reducing the volume of repetitive truck traffic on residental streets will also reduce wear and tear to roadways" Similar comments from many cities are given in Appendix 2E of the Ramsey/Washington Counties Resource Recovery Project "Public Collection Study: Final Report," 2002. (6) City of Falcon Heights Final Report on Organized Collection October 13, 2004 13 Recent improvements in the design of garbage trucks mitigate some of the impact on pavement. At the April 20 meeting, Mark Stoltman of Randy' s Sanitation (not currently . licensed in Falcon Heights) gave a most informative presentation on garbage truck technology to the Solid Waste commission. The relationship between truck weight and street wear, he demonstrated, is not sin1ple. Other factors to take into consideration are the nunlber of axles, the number of stops a truck makes and whether the truck is center loaded or rear loaded. Rear loaded trucks bear disproportionate weight on the rear axles, while center loaded trucks distribute the weight more evenly, reducing the impact of each axle. However, the Michigan study and the ESAL factors considered above are based specifically on axle weight, not gross weight of the vehicle. According to the Michigan report, axle weight is still the main determining factor. Clearly, the introduction of newer, better designed trucks into the refuse hauling fleet can reduce the impact of each individual truck. Haulers also referenced research that indicates the number of stops and starts may have a greater impact than the number of trucks. This factor is also covered in the UMTRI study. But the number of stops on any given street in Falcon Heights is a constant. It does not change. The only variable is the number of trucks. Furthermore, the Roseville report also cites the Michigan study evidence that "repeated starting and stopping (especially stopping) will increase the damage to streets by 50% to 100% depending on the speed of the truck and the weight of the load being carried." (7) . In other words, the faster a truck is moving when it stops, the greater the stress to the pavement. A truck Vvith fewer, more widely spaced stops is moving faster between stops, thus having more impact. The more garbage trucks that serve a street, the smaller the average share of the total number of stops each truck makes and faster the average speed of each truck between stops. Therefore, although the total number of stops remains the same, as the number of trucks increases, the greater the amount of damage from each stop. All the evidence seen by the Commission indicates that the one change that can do the most to reduce the impact of heavy garbage trucks on our streets and alleys is to reduce the nurnber of trucks. Air and Noise Pollution Wear and tear on city streets and alleys is not the only impact garbage trucks have on our neighborhoods. In 2002 INFORM, Inc. a national environmental research organization released a comprehensive study of the nation's garbage trucks. The study found that the estimated 179,000 garbage trucks in the United Statcs make up one of the oldest, least fuel efficient and most polluting fleets ofvehicles in the nation. (8) . City of Falcon Heights Final Report on Organized Collection October 13, 2004 14 . Among the findings of the study were the following (9): . Over 40% of the garbage trucks in use are more than 10 years old. Fuel efficiency is at its lowest, and environmental pollution is at its highest in this stage of vehicle life. . Garbage trucks consume an average of 8,600 gallons of fuel per year - more than any other kind of vehicle except tractor trailers and transit buses. . Diesel garbage trucks are a major source of air pollution, including particulate matter, greenhouse gasses and compounds that have a negative effect on respiratory health and quality ofIife. . Diesel garbage trucks generate noise levels up to 100 decibels, a level that can cause hearing damage - both to people who live along the routes and to the truck operators. . Dependence on diesel fuel threatens our national security. The study found that natural gas burning trucks produce significant reductions in both air pollution and noise. These trucks have an "impressive level of fuel safety." However, despite their availability from most major truck manufacturers, they still comprise less than one percent of the garbage trucks in operation. Despite the benefits of conversion, it happens slowly. A natural gas garbage truck costs 15 to 25 percent more than a comparable diesel truck. According the study, cost "can be a significant disincentive to voluntary action by refuse collection agencies." . The study's conclusion calls for all levels of government to provide incentives to speed up the replacement of diesel vehicles by cleaner, natural-gas fueled trucks. Stricter envirOnIDentallaws have provided motivation, as well as court-issued mandates and citizen lawsuits. But there are also economic incentives such as tax incentives, grant programs and lower fuel costs. "In areas where there is competition in the refuse industry, some haulers were motivated to use natural gas vehicles to give their organization a marketing edge over competitors." (10) Among the specific recommendations for local governments and communities are: . "Inform decision makers about the benefits of switching garbage truck fleets to cleaner fuels. Local clean-fuels programs and advocacy groups such as Clean Cities Coalitions, utility clean air vehicle programs, state chapters of the American Lung Association, and other grassroots environmental and public health organizations can play an important role in disseminating information about opportunities to expand the use of clean fuel garbage trucks." (11) . "Develop and participate in public/private partnerships specifically creatcd to implement alternative-fuel garbage truck programs. Many parties have an interest in the success of a campaign to shift to natural gas garbage trucks. Private companies can malce or save money, government officials stand to gain from successfully implementing programs that provide significant public benefits, and community residents get healthier air to breathe. By collaborating, these parties can achieve their . goals in a cost-effective manner." (12) City of Falcon Heights Final Report on Organized Collection October 13, 2004 15 . "Encourage or require clean-fuels use in franchise contract negotiations and . awards. The overwhelming majority of garbage trucks aTe operated by private companies under contract to local governments. These operating contracts give governments a powerful tool to set terms during the bidding process. Alternative-fuel vehicle specifications can be included in franchise contract negotiations and awards, creating an economic motivation and a contractual obligation to change fuels. Proactive governments can and should motivate their refuse truck operators to use alternative-fuel vehicles though this contracting process." (emphasis added) (13) Organized collection is the fastest and strongest tool Falcon Heights has to get the benefits of this technology. A contract can specify a type of truck or class of trucks that is acceptable. According to the City Attorney we cannot do this through licensing, and individual residents have very little leverage to motivate a change. At the meetings earlier in the year, the smaller haulers that serve the City argued that they would be at a disadvantage if they were required to replace the trucks they now use in order to compete for a contract in Falcon Heights. This is not necessarily true. The City of Shakopee found a way to "level the playing field" between large and small companies. In its RFP Shakopee required the contracting company to purchase new garbage trucks for use exclusively in Shakopee. The five-year contract of guaranteed business in the City was long enough to allow the contractor to pay for the new trucks. They awarded their contract to a small, local company. (14) Falcon Heights is much smaller than Shakopee, but a similar strategy could work here. If the City shifts to a daylzone pattern . (15), only one truck would be required to serve the whole city. Notes 1. "Effects of Heavy Vehicle Characteristics on Pavement Response and Performance: Final Report." Gillespie, Thomas D., et al., University of Michigan Transportation Research Institute, August 1992, p. ix. 2. Op. cit., page 6 3. "Residential Solid Waste and Recycling Citizen Advisory Committee Report," City of Roseville, 2002, p. 42. 4. Fax from H.R. Green, February 26, 2002; also in a memo from Steve Manhart, October 30, 2003. 5. "Solid Waste and Recycling Report", City of Roseville, May, 2002, page 43 http://www.ci.rosevilte.mn.us/inlo/waste/re port. pdf . City 01 Falcon Heights Final Report on Organized Collection October 13. 2004 16 . 6. "Public Collection Study: Final Report," Ramsey Washington County Resource Recovery Project, 2002, appendix 2E. htlp:llwww.co.ramsey.mn.us/recovery/docs/2E.pdf 7. Roseville report, page 43 8. "Press Release: New Study of Greener Garbage Trucks," INFORM, November 6, 2002, htlp:l/www.informinc.org/pr...,ggt.php 9. "Greening Garbage Trucks: New Technologies for Cleaner Air," INFORM, Inc., 2003. INFORM, Inc. is a national non-profit org3-nization that identifies practical ways of living and doing business that are environmentally sustainable. 10. Op. cit., p. 7 11. Op. cU., p. 9 12. Op. cit., p. 8 13. Ibid. 14. Information provided by City of Shalwpee staff. . 15. Day/zone system is used here to describe an arrangement in which the city is divided into zones, each of which is served on one day of the week, not necessarily Friday. For instance, collection could be on Monday northwest of SnellinglLarpenteur, Wednesday southeast of Snelling/Larpenteur, and Friday west of Snelling. If one day, say, Monday, is considered most desirable the schedule could rotate once a year so everyone could get a chance at Monday collection. This system would malce it possible to serve the whole city with one truck, and each neighborhood would have one truck on non-recycling weeks, two trucks on recycling weeks. A change to the City code would be required. . City of Falcon Heights Final Report on Organized Collection October 13, 2004 17 m. Deciding Where Our Trash Goes . According to Minnesota's Waste Management Act, the goal of waste management of the state is "to foster an integrated waste management system in a marUler appropriate to the characteristics of the waste stream and thereby protect the state's land, air, water, and other natural resources and the public health." (1) The statute gives the following order of preference for waste management practices: L Waste reduction and reuse 2. Recycling 3. Composting of yard waste and food waste 4. Resource recovery through mixed municipal solid waste composting or incineration. 5. Land disposal (landfill) that does not produce methane gas or which captures the gas to use as fuel for the production of energy 6. Land disposal that produces methane gas and does not capture it for energy production. (2) The state's Office ofEnvironrnentaJ Assistance, in its vision statement, gives as a further goal, "to minimize landfi1ling, with an increased focus on maximizing reduction, reuse, recycling and source-separated composting." (3) Falcon Heights' goals, adopted in January, 2004, are in line with both the state hierarchy . and the goals in the OEA report. The Commission's vision for a solid waste system includes the continuation and expansion of the citywide curbside recycling we now enjoy, movement toward composting of yard waste and other compostables, and resource recovery, that is, sending Falcon Heights garbage to the Newport Resource Recovery Facility. Resource Recovery The Resource Recovery Facility in Newport is one of three plants in the Twin Cities area tbat prepare municipal solid waste as a fuel to produce electricity. Commissioners visited the Newport plant on April 12. According to staff at the facility municipal solid waste is the best material for processing because it goes through quickly and burns evenly. Commissioners learned that 78% or more of the waste processed becomes fuel, 3% is recovered ferrous metal, half a percent is recovered aluminum. The remaining residual material is sent on to landfill. The ash left over at the end of incineration also must be landfill ed, but it amounts to a small fraction of the volume of the original waste. From Newport the prepared waste is trucked to burning facilities in Red wing or Mankato. Commissioners were told that these burners are very "clean" technology; each one produces about as much pollution in a year as a single old fashioned back yard incinerator. According to Gary White, plant manager, the facility produces fuel for enough energy to supply about 30,000 homes, or enough for, say, Woodbury and Oalcdale combined. . City of Falcon Heights Final Report on Organized Collection October 13, 2004 18 . There are two production lines running 24 hours a day, 365 days a year, and room to add a third line. The limiting factor is capacity of the burners. It is not universally agreed that burning of waste is better for the environment than landfills. Some potential pollutants, such as heavy metals, are more concentrated in incinerator ash than they are in the unprocessed waste. At least one published "hierarchy of solid waste management" places incineration at the bottom, as the least desirable. (4) A study for the Minnesota EP A was inconclusive, but suggested slightly more potential for toxic pollution from incineration than from landfilling. (5. And see below.) Lanqfills At the meeting for haulers on May 12, the haulers made a strong effort to show that landfills are, at least, "just as good" as processing for fuel. Commissioners were sbown an educational video about modern landfills and given a large amount of printed material, including documents from tlle U.S. Environmental Protection Agency describing the regulations modern landfills must meet. . Since the mid 1990s, landfIlls have been required to meet impressively stringent standards (RCRA Subtitle D, which became effective in 1993) designed to keep waste from polluting the surrounding land. Rainwater draining through the waste leaches out toxic chemicals that can drain into the soil and pollute groundwater. Modern landfills are designed to be, essentially, enormous bathtubs that collect this water, called "leachate," and collect it to be treated. The pits are lined with a base of compacted soil covered witll a membrane of thick plastic. Each day's waste is covered with a layer of soil. In the landfill the waste composts slowly, producing methane gas as a byproduct. Methane is a greenhouse gas, but at Elk River and many other modern landfills the methane is captured and burned to produce electricity. When a landfill is filled to capacity it is capped, and the space on top can eventually be used for another purpose, such as recreation. (6) On June 22, some of the Commissioners went on a tour of the Elk River landfill and had the opportunity to see the technology first hand. They watched the day's soil cover being moved into place and observed that there was very little odor from the landfill. Methane collected from the facility provides enough power for about 7500 households. Leachate (rainwater that drains through the waste) is collected and recirculated to speed the composting action. The site, which is operated by Waste Management, is 80 acres, plus an additional 40 acres that has been purchased on the north. They are trying to buy another 40 acres on the south or west, because the County has limited the height of the fill. The old dump will be capped off and turned into a ski hill. According to facility manager Debra Dehn the Elk River facility is "state of the art," but it will be full in 10 to 15 years' time. They need more land. . According to the haulcr's representative, all "active" landfills in Minnesota meet the current federal standards. When they asked about the waste that is shipped to landfills out of state, Commissioners were assmed that those, also, meet federal standards. City of Falcon Heights Final Report on Organized Collection October 13, 2004 19 Today's landfills are a major improvement over the past, although it must be pointed out that all of the "old teclmology" landfills are still with us. Once closed, landfills must be . monitored indefinitely. Environmental researchers have expressed concerns about the long term effectiveness oflandfillliners. The plastic can be degraded by contact with household chemicals; compacted soil can erode and shift; seams can fail and membranes can be accidentally punctured. (7) Energy production Both landfills and incineration are used to produce electric energy. Incineration uses Refuse-derived Fuel (RDF) produced by resource recovery plants like the facility at Newport. Subtitle D landfills collect gases from the decomposition of waste, gas that would otherwise pollute the air, and channel it to generators. TIris is called Landfill Gas technology or LFG. The "bioreactor" technology that recirculates water to speed up decomposition in a landf1l.l merely accelerates the rate at which the total amount of gas is produced; it does not increase the total amount of energy a landfill is capable of producing. (8) How do the energy production technologies compare? According to a 2001 study, the most common method of generating power with LFG requires 750 tons of municipal solid waste to power one home for 20 years. If the theoretical maximum of energy production could be achieved - which has not yet happened - the amount could be reduced to 455 tons ofMSW. However, energy production from an individual landfill varies greatly from year to year. It peaks in the first 5 to 10 years and then tapers off as the decomposable material is exhausted. (9) . RDF technology, on the other hand, requires only 280 tons of material to power a home for 20 years. It uses a higher percentage of the waste: RDF can malce use of materials that do not readily decompose under landfill conditions, such as plastic bottles and organic material that is shielded from moisture by plastic. RDF energy production is constant: on a given year the energy output can be between 32 to 54 times more than LFG for the same amount of waste. (l0) The bottom line is that, of the two technologies, RDF is by far the most efficient converter of municipal solid waste to elech'icity. Risk and Future Liability Concerned residents have asked about the small print notice they receive from their haulers once a year advising them that they may be liable for damage caused by the waste they put into the trash. Ash from RDF, they pointed out, is much more difficult to link to individual residential sources; thus the risk ofliability would be lower if Falcon Heights' refuse conld be guaranteed to go to Newport. . City of Falcon Heights Final Report on Organized Collection October 13, 2004 20 . . . In response to these concerns, the National Solid Wastes Management Association provided the Falcon Heights commissioners with a memo from the association's general council David Biderman that offered the following points: . Residential households were not originally exempted from Superfund liability but have been since the law was amended in 2002. . Since 1989 it has been the policy of the EP A not to nanle residential generators as potentially responsible parties . There was a case in Connecticut in which 47 homeowners were named as PRPs. (Presumably this was before 1989.) . The 2002 exclusion does not apply if the waste "has contributed significantly or could contribute significantly either individually or in the aggregate to the cost" of cleaning up the site. . Mr. Biderman is not aware of any Superfund cases since 2002 in which a homeowner has been identified as liable. . He also not aware of any Subtitle D landfills that have been identified as Superfund sites since 1993. . Since Subtitle D facilities do not accept industrial waste and are carefully monitored, they are unlikely to become Superfund sites. (11) The memo did not address potential liability not related to the Superfund law. A 1991 study prepared for the Minnesota Pollution Control Agency (made available to the Commission by the haulers) compared toxic pollution risks associated with all methods of solid waste management, including recycling and compo sting. The study found the "regardless of the MSW management alternative chosen, certain levels of risk are involved," even in composting and recycling, which are popularly regarded as safer methods of management. The study noted that the information base is skewed and driven by public controversy and regulatory pressure and hindered by lack of data. It ended with only the broadest and most generic of conclusions, rating waste combustion (incineration) slightly worse than land disposal and compo sting worse than both. (12) Industry Competition and the Public Interest Since 1993, the solid waste industry has sought to become vertically integrated, with the large corporations buying up transfer stations, landfills and recycling processing centers in order to control each part of the waste stream. The landfills available to the smaller local hauling businesses are owned by their large, national competitors. On the other hand, every hauler pays the same tipping rates at the resource recovery plants as these are not (yet) controlled by the major companies. If Falcon Heights could specify that all of its municipal solid waste go to Newport, it would level at least the tipping fee part of the playing field between national and local companies. The only way for the City or for individual residents to set tIns requirement, and to enforce it, is through an organized collection contract; it cannot be done through licensing. City of Falcon Heights Final Report on Organized Collection October 13, 2004 21 At the present time, all the haulers licensed in Falcon Heights have a contract with Ramsey County to talce all or part of their waste to the Newport Facility. . Contract to take ALL waste to RRF Contracted to take Dart of waste to RRF Horrigan BFI Gene's Superior/Onyx Waste Management Walter's This information is from the RamseylWashington Counties Resource Recovery Project website (13). At the Commission's request, Staff contacted the Ramsey County Enviromnental Health Department and confirmed that the web page is up to date and accurate. All of these contracts expire July 13,2007. Residents on both sides of the issue have clearly expressed their support for reducing waste, and that is also the Commission's highest goal, but there is still a need to make wise choices in the disposal of that waste that goes into the containers at the curb, to be picked up and hauled away every week. Under an open system, it is the haulers, often in distant corporate headquarters, who make that choice about at least part of the waste that comes from Falcon Heights. Without a renewal ofRRF contracts in 2007, there may be no local voice in this decision for cities that do not have their own contracts. Notes 1. Minnesota Statute I 15A.02. http://www.co.ramsey.mn.us/recovery/index.asp . 2. Ibid. 3. 2003 Solid Waste Policy Report to the Milmesota Legislature, prepared by the Office of Environmental Assistance (OEA), January, 2004. Executive Summary, p. 1. http://www.moea.state.mn.us/publications/policy2003-summary.pdt 4. "Environmental Hierarchy of Waste Management & Energy Production Methods/Fuels/Technologies," Mike Ewall, Energy Justice Network, http://www.energyjustice.net/tech nolog ies. pdt 5. "Risk Comparison Between Solid Waste Management Alternatives," prepared by Malcolm Pirnie, Inc. for the Minnesota Pollution Control Agency, July, 1991, Table 6-1. 6. "Criteria for Solid Waste Disposal Facilities: A Guide for Owners/Operators," EPA/530-SW-9l-089, U.S. Environmental Protection Agency, March, 1993. Also, other publications provided by the NSWMA and communication with staff at the Elk River landfilL 7. "The Basics of Landfills," ACTION Center; http://www.ejnet.orgllandfills/index.html . City of Falcon Heights Final Report on Organized Collection October 13, 2004 22 . . . 8. "Comparison of Potential Electricity Production from RDF and LFG" prepared by Foth & Van Dyke for the Ranlseyrwasbington Counties Resource Recovery Project, November 2001, p. 1 9. Gp. cit., p. 3 10. Gp. cit., p. 1 and p. 9 1 l. MemorandUlll to NSWMA Minnesota Chapter fTom David Biderman,.General Council, RE: Superfund Liability, May 11, 2004. Provided by Doug Carnival of McGrarm Shea Anderson Carnival Straughn & Lamb, Chartered. 12. "Risk Comparison Between Solid Waste Management Alternatives," p. 6-3 13. Ramseyrwashington Counties Resource Recovery Project web page "Does YOUR Hauler Use the Resource Recovery Facility?" http://www.co.ramsey.mn.us/recovery/where _ does...JIour ->]arbage_go.asp See also http://www.co.ramsey.mn.us/recovery/index.asp City of Falcon Heights Final Report on Organized Collection October 13, 2004 23 IV. The Hauling Industry and Public Policy . Industry Consolidation Since 1993, the solid waste management landscape has undergone major changes. U.S. Supreme Court decision in 1992 and 19941imited the ability of governments to regulate the management of waste, in particular, the regulation of where the waste would go. The result was an increase in the amount of Minnesota waste that went to less-expensive, out of state landfills. States, counties and local city governments began to see an erosion of slow, hard-won progress toward their goals of increased recycling, conservation and resource recovery. During the 1990s there was a major consolidation in the waste hauling industry, both nationally and in Minnesota. In Ranlsey and Washington County, mergers and acquisitions reduced the number of active licensed waste businesses operation in the two counties from 58 in 1995 to 45 in 1999. At the same time the industry sought "vertical integration," that is, ownership and control of all phases of waste flow, through the acquisition of landfills, transfer stations, and materials recovery facilities (recycling centers). This allowed large companies to internalize revenues and gain an even bigger advantage over smaller competitors. (I) In 1995, most hauling companies were locally owned and operated. But now, according to the Ranlsey/Washington County 2002 report, over 65% of the waste in the two counties is picked up by BFI, Waste Management and Onyx (Vivendi), three large international companies. (2) This means that the decisions about waste management, which used to be made locally, are now increasingly geared toward corporate goals. . In Falcon Heights the number of residential haulers is the same now as it was in 1990. Then, the most popular hauler by far was Woodlake, which was later bought out by BFL Of the remaining five, Waste Management and Gene's are still in operation. Walters was in operation, but it was an earlier incarnation of the company that was also sold to one of the large national companies. The present Walter's Refuse and Recycling was started up five years later by members of the same family. Poor Richard's and Wiley's, both local companies, were gone by 1995. (3) There is no reason to snppose this consolidation process will not continue, with or without organized collection. "It should be noted that small waste collection companies, as with nearly any small business, consolidate, go out of business, or buy and sell without the impetus of organized collection." ("Organized Collection Study," City of Eagan, February, 1988, prepared by Pope-Reid Associates) Many residents of Falcon Heights have expressed concern about the dominance of the industry by large corporations that have no local accountability. Concern for local companies has been given as a reason not to implement organized collection. But keeping an open system will not save these companies from going out of business, or dissuade them ii'om selling out to a competitor when they choose to. On the other hand, . City of Falcon Heights Final Report on Organized Collection October 13, 2004 24 . other cities, such as Shalcopee, have found ways to "level" the playing field for by structuring their RFPs so that small, local companies could truly compete for city business and have a stronger chance for survival. The Shakopee contmct went, not to the lowest (or largest) bidder, but to Dick's Sanitation, a local company. Shakopee built local decision-making and local accountability into their RFP and their contract. (4) Other Cities and Counties During the fact finding period the Falcon Heights Solid Waste Commission has stndied the experiences of other Cities. Some have chosen to adopt organized collection . . In 1999 the City of North St. Paul went through the organized collection process to ensure compliance with Minnesota Statnte 115A.94, although the city had a long tradition of contracted hauling. Their findings of fact stated that a single hauler would best meet their goals, and that is the system they have today. The City has four zones for collection on different days (5) . Little Canada institnted organized collection in 1989 and is served by a consortium of four haulers. Each hauler serves a designated zone of the city, and the same rates and services apply city-wide. Fees are volume based, and there is a charge for extra trash. The city offers a low income subsidy for households whose income meets Federal Poverty Income Guidelines and an at-the-door service subsidy for disabled residents. (6) . . The City of Shakopee organized collection in 2000, finding very irmovative ways to structure their RFP to make it possible for local companies to compete with large international corporations. A local company did get the contract. Shakopee applied for and received a grant to cover the cost of new containers for all residents. Fines for service complaints are built into the contract and paid through a deposit put in escrow by the hauler. As part of the contract, the City gets all its City Hall and park trash picked up for free. (7) . Lauderdale went through the statutory process in 2003 and is (at the time of this writing) considering bids. From the Lauderdale City Council minutes of February 11, 2003: "The Task Force has been studying organized collection for approxinlately two years, and there are many benefits to the idea that include lower costs and preferred environmental practices in addition to protecting tbe city's investment in its infrastructure that are part of the goals of the Task Force." (8) . Portland, Oregon, replaced open collection with a franchise agreement in 1992. Each hauler was given a district essentially equal to its market share at the time which "likely kept more small haulers in business longer than had open competition been allowed to continue." Rates have been "relatively stable" since 1992, and service has been standardized and, in the case of recycling, markedly improved. (9) . In its waste hauling "starter kit," Kettering Ohio, answered the questions "Why is the City of Kettering switching to a single-hauler system?" as follows: "The single- City of Falcon Heights Final Report on Organized Collection October 13, 2.004 2.5 hauler system provides many benefits, including free recycling services, even at the low base rate, reduced traffic in neighborhoods, less vehicular damage to our streets . and alleys and fewer missed pickups." Kettering, which contracted with Waste Management, has a base rate that includes unlimited trash collection. Cart rental and yard waste collection are extra options. The city also has severallow-volumeflow-fee options, including a pay-as-you-throw system that uses purchased bags. Senior citizens can get a 37.5% discount on the bags. AIl options include free recycling and unlimited bulky item pick-up. (10) Some cities have chosen to keep an open system, even in cases where their own studies recommended organized collection: . Among the key recommendations ofRoseville's Residential Solid Waste and Recycling Citizen Advisory Committee Report, May, 2002, was the following: "Meet the City's and State's environmental goals by designing a garbage system that uses environmentally preferred management of waste. Of the methods studied by the Committee, an organized collection system run by a consortium of private haulers appears to give the City the best, and perhaps only, means to meet the City's and State's environmental goals and balance Citizen interests and concerns." Roseville did not proceed to organize collection. The city has 7 haulers and rates comparable to Falcon Heigbts'. (II) . A 1988 study for the City of Eagan looked at the pros and cons of six different systems, including a "no change" option and developed a comparison chart. The . study concluded, "A version of organized contract collection may lower costs, decrease wear and tear on streets, and facilitate curbside recycling, but also increase administrative costs to the City and possibly impair the business opportunities of some haulers. Each system has distinct advantages and disadvantages." The consultant declined to recommend a specific alternative. Today Eagan has an open system. (12) . Chanhassen's Organized Collection Study Committee recommended not only proceeding with organized collection but, in the interim, limiting the number refuse hauling licenses to a maximum of six, with no new licensees to be added for attrition. Their survey found that "27% of the respondents were not at all supportive of organized collection, 48% were neutral and 25% were very supportive of organized collection. Chanhassen's findings cited many of the same reasons as other cities' studies - street impact, cost, vehicle emissions and noise - and made a special point that only by organized collection could the City comply with Minnesota law and ensure every household had waste collection service. Chanhassen does not have organized collection in 2004. (13) . Olmsted County, Minnesota, designed an organized collection system in 1996 but did not implement it. If an RFP had been issued, the County would probably have awarded a contract to one hauler. At the time there were 13 haulers. Now 91 % of the market is controlled by Onyx and Waste Management, with three other companies sharing the remaining portion. According to the Ramsey Washington summary, . City of Falcon Heights Final Report on Organized Collection October i 3, 2004 26 . . . "Any concerns about not having the choice of haulers at that time, whether residents or businesses, have been mitigated to a good degree by the buyouts since 1996, resulting in few, if any choices available." (14) In 2002 Ramsey and Washington Counties initiated an extensive study of public collection that included a major effort toward public participation and education. Of the four alternatives considered by the two counties, the fInal report found that implementing public collection was the best solution to meet the goals of the counties. However, because this alternative required major system changes and met with much opposition, implementation was seen to be excessively difficult. The counties ended up pursning a less satisfactory option - "Change Financing and Regulation" - which was seen to be easier to implement. Two changes that carne about under this option were (1) the transfer of the County Environmental Charge from the property tax statement to each trash hauling bill, and (2) long term contracts with haulers to assure delivery of waste to the Resource Recovery Facility. (15) The final report noted that public opinion is divided on the issue of organized collection: . Those that support public collection do so mainly for one of various reasons: because it would address garbage truck traffic; it would be more efficient; because of experience elsewhere; because it could cost less or because it supports environmental, health and safety goals. . Those that oppose public collection are quite vocal, and do so for several reasons: concern with increasing government involvement; desire to retain choice in selecting a garbage hauler; concern for small businesses; a perception that costs will increase; belief that there is no problem; not agreeing with the environmental goals. (16) These fIndings describe very well the public response in Falcon Heights. The report also notes: The waste industry is vigorously opposed to public collection, and is willing ,pend significant funds and take strong steps to prevent it. (17) That has certainly proved to be the case in Falcon Heights. The RarnseylW ashington report left the door open to implementing public collection at some time in the future if the compromise recommendations do not move the system toward the environmental goals. Notes 1. "Public Collection Study: Final Report," Ramsey/Washington County Resource Recovery Project, 2002, Appendix 2F. 2. Ibid. City of Falcon Heights Final Report on Organized Collection October 13, 2004 27 3. The six haulers are those listed in the Falcon Heights 1990 Solid Waste Newsletter . Survey (file copy). This was compared to information in the RamseylWashington County Resource Recovery Project research at http://www.co.ramsey.mn.us/recovery/HaulerConsolidationData.asp Additional information was provided anecdotally by Falcon Heights residents. 4. Communication from City of Shakopee staff. 5. Communication from City of North St. Paul staff 6. Communication from City of Shakopee staff. 7. City of Little Canada website, http://littlecanada.govoffice.com/index.asp?Type=B _LIST &SEC={ABBC96EO- FB2E-44DB-9879-E3A90961 OEC7}#{47DFE93D-4BCB-4499-A 14E- 3317D117A6C1} 8. Landerdale City Council minutes for February 11, 2003: http://www.ci.lauderdale.mn.us/vertical/Sltes/{5F73237E-9F7B-407B-A785- DAOD9F5C945F}/uploads/{0636991 B-A523-48C 1-821 D-3A35F03772E4}.PDF 9. Rarnsey/Washington County Resource Recovery Project Case Studies: http://www.co.ramsey.mn.us/recovery/docs/Portland _Summary .pdf 10. Kettering, Ohio, trash collection service starter kit brochure: http://www.ci.kettering.oh.us/pdfs/trash%20starter%20kit.pdf . 11. "Solid Waste and Recycling Report", City ofRoseville, May, 2002, pp 46~47. http://www.ci.roseville.mn.us/info/waste/report. pdt 12. "Organized Collection Study," City of Eagan, prepared by Pope-Reid Associates, February, 1988, p. 27. 13. "City of Chanhassen Organized Collection Study Final Report," Resource Strategies Corporation, no date, p.ll. 14. Ralllsey/Washington County Resource Recovery Project Case Studies: http://www.co.ramsey.mn.us/recovery/docs/Olmsted_ Co_Summary. pdf 15. "County Environmental Charge Briefmg Paper, January 2,2004," Ramsey County, http://www.co.ramsey.mn.us/ph/eh/docs/Briefing_Paper.pdt 16. "Public Collection Study: Final Report," Ramsey/Washington County Resource Recovery Project, 2002, page 5 17. Ibid. . City of Falcon Heights Final Report 00 Organized Collection October 13, 2004 28 . . . Conclusions and Recommendations Upon the ending of the planning period, Minnesota Statute 115A.94 requires a period of at least 90 days for discussion. Although the statute specifies discussion with the haulers, this time will also be valuable for discussion within the City, for the Council to consider and discuss the fmdings in this study, take comment from residents, and to consider the possible plans for going forward. The Hauler Plan The Solid Waste Commission is grateful to the haulers licensed in the City for their willingTless to meet with the Commission, share information and discuss the issues. In the September 20 NSWMA memo to the Commission, the haulers pointed out many ways in which the City's goals are already being met under the present system and offered some additional accommodations they are willing to make to reduce the impact of truclcs on our streets and alleys and to improve public education. They propose to formalize these accommodations in a Memorandum of Understanding or similar document that "would form the basis upon which waste hauling in the City of Falcon Heights would occur into the future." The specific changes offered by the haulers are . Bring trucks into the City empty . Train drivers to enter and exit from alleys with left turns, so trucks are less likely to run over curbs and boulevards . Cooperate with requests from residents or the City not to drive on streets or alleys where they have no customers. The NSWMA also expresses eagerness to work with the City on public education and willingTless to include informational inserts in the billings to customers. Otherwise, the proposal advocates keeping things as they are now. Comments on the Hauler Plan Although the Commissioners especially appreciate the haulers' willingness to work with the City, the proposed changes to the trucking operations would be have a very minor effect compared to actually removing the additional trucks from the streets and alleys. The first change simply moves a portion of the axle weight impact problem from Falcon Heights to some other city. There would be no effective way to monitor whether or not the trucks actually do come to Falcon Heights empty. The third change would be meaningless unless residents on a block or street cooperate to choose the same hauler (See Appendix G: Other Alternatives). Falcon Heights residents would still have to choose from among the higher rates they pay now and might have no voice in deciding where their garbage goes after July 13, 2007. The Commission is concerned that there would be no way to monitor compliance or to enforce a Memorandum of Understanding over the long term. City of Falcon Heights Final Report on Organized Collection October 13, 2004 29 This plan is, with a few small changes, the same open system we have now. The haulers have made it clear that it is in their interests to keep open collection. The plan does offer individual choice, and it would not create any additional administrative burden for City Staff, as long as the haulers keep their commitment. . Potential Advantages of Open Collection . Residents can select tbe hauler that provides the level of service most compatible with their individual needs and can shop among the price options that are available. . Since Falcon Heights already has an open system, residents would not be inconvenienced by change. . Administrative cost is minimized for City. . Small haulers will face no additional competitive challenges beyond what they face now within the industry. Potential Disadvantages of Open Collection . Although choice is available, "inertia may be a compelling force" for a resident to stay with the hauler he/she has. (Quote from "Comparative Economic Analysis of MSW and Recycling Collection in the Twin Cities Metropolitan Area," GBB Solid Waste Management Consultants for the l'vfinnesota Office of Environmental Assistance, 1994, page V -2.) Residents must take the time and trouble to shop around for a better rate - which can be temporary and come with strings, long term contracts and cancellation penalties - or just give in and go along with higher prices or unsatisfactory service. . Under an open system, costs must be spread over smaller and more uncertain customer base, so fees must be sufficiently high to cover fixed costs. In other words, we pay more. Operational cost savings of adding to the customer base are more likely to go to higher hauler profits than to lowered prices for customers. . It is impossible to determine whether Falcon Heights is in compliance with the Waste Management Act, which requires all residents in communities of over 5000 people to use solid waste collection services. . Individual residents and tile community as a whole will have no leverage to support local businesses and keep them viable as the industry consolidates. . MSW trucks arc heavy and have a demonstrated impact on street longevity. City streets and alleys will continue to be subject to the impact of additional truck traffic. . Another consequence of overlapping rontes and more trucks is more air pollution and more nOIse. . . Residents do not have a choice about where their refuse goes. If they choose a hauler on the basis of where the hauler says the trash goes, there is no assurance that (a) the infonnation is correct and (b) the hauler will not change practices in the future. . Major decisions that affect quality oflife in Falcon Heights and the future of our enviromnent will be driven by corporate pliorities, not local interests. . City of Falcon Heights Final Report on Organized Collection October 13, 2004 30 . Organized Collection In the process of research, planning and discussion so far, the Solid Waste Commission has revisited the original set of goals many times. . Some of the goals can be met now. These are the goals concerned with standards of service. They were included in the list in the first place to assure residents that the proposed system would maintain high standards of service. Residents can find most of these options by shopping around and making good choices. . The goal of using billing mailings as a vehicle for public education is also one that can be met now, with the cooperation of the haulers. . The goal of composting is probably unrealistic at this time, although Cities should keep an eye on developments in this technology. But the Big Three are (I) lower prices, (2) fewer bucks, and (3) community control over where our garbage goes. These are not trivial goals or imaginary issues. These themes carne up over and over again in the documents of other cities and counties that considered changes in solid waste management. In this study the Solid Waste Commission found that organized collection is the most effective, if not the only, way to achieve these goals in the long term: . . Cities with organized collection do get lower prices for their residents. . Garbage trucks do make an impact on our infrastructure and quality oflife. The biggest difference can be made by reducing the number of trucks on our streets and making sure the trucks that remain are "greener". . Finally, organized collection can ensure that important decisions, especially decisions about what happens to our trash, are made our community, not determined by corporate managers driven by business priorities. There are disadvantages to organized collection, especially the loss of choice of haulers, which is very important to some residents. There would be increased workload for City staff managing a change of this magnitude. The time window for the City to implement organized collection may be linrited. In 2003 the waste hauling industry sponsored legislation that would have taken away the rights of local governments to adopt public collection. Continued consolidation of the industry in the future could leave residents with few choices, no power in the market place and no power to make sound environmental choices about municipal solid waste. There will always be an option to return from a city contract system to an open system, but the reverse may not be possible in the future. Potential Advantages of Organized Collection . . Lower consumer prices: Cities which have adopted organized collection have been able to negotiate lower rates for their residents. With a city contract, operational cost efficiencies can come back to residents in lower prices. City of Falcon Heights Final Report on Organized Collection October 13, 2004 31 . Garbage truck wear and tear does make a difference to our streets and roads. We can . make our infrastructure last longer if we can reduce the number of trucks . Rate increases will be structured and predictable for the duration of the contract. . Residents would have a clear, one-stop menu of services and costs and will not have to try to compare apples to oranges. Busy residents will save time and energy not having to shop around . A contract can specify where our refuse goes, whether to a landfill or for fuel processing. We can ensure this decision serves local interests and local environmental goals, not corporate priorities. . Fewer trucks means less noise and air pollution in our neighborhoods . Rates can be better structured to encourage reduction of waste, including the ability to offer pay-as-you-throw options for residents who produce a very low volume of trash. . With a contract, the City could control the size and quality of trucks used, specifying lower pollution, better loading and weight bearing technology. Dependable city business can assure smaller haulers that new truck for use in Falcon Heights is a good investment, helping to level the playing field. . A city contract can enforce good service by building schedule offmes and escrow account into the contract. A contract can insist on a local phone number for service calls, answered by a local person. . City would have a way of enforcing the Waste Management Act that requires residents of communities with over 5000 people to have garbage picked up. There is . no way under the present system. . Although it would require a change in the City Code, an organized system could be structured so that different zones of the City could have their collection on different days, including Monday (which residents have asked for). The schedule could rotate every year or two, to give everyone a chance at that popular Monday collection day. Potential Disadvantages of Organized Collection . Although customers would have a choice of service levels, they would lose the choice of service provider. . A major public education effort would be required to malce everyone aware of the changes, and the transition would be more difficult for people who are uncomfortable witb change. . Some residents may experience an increase in price over the artificially low rates offered by haulers campaigning against organized collection . Residents will have to choose their services from the standard set offered. This may not include some services they receive now. . There would be an increased administrative burden associated with getting a new system up and running, including developing the RFP, evaluating proposals, developing a contract agreement. The City would also have to mouitor and enforce the terms of the contract. . City of Falcon Heights Final Report on Organized Collection October 13, 2004 32 . . Residents opposed to organized collection have been far more vocal than residents who support organized collection. Staff and elected officials are likely to experience negative feedback from fuose individuals. In other cities, fuis has been temporary. . Decreased business opportunities for haulers. The Commission's Recommendation At every stage of this process the Commission has kept in mind fue question, "What is in the best interests of the residents of Falcon Heights?" After an extended period of study, the Falcon Heights Solid Waste Commission has found that: . Residents in cities with organized collection pay significantly lower fees fuan fue Falcon Heights average . Only wifu a contract can we make the decision about where our garbage goes, based on our enviromnental interests, and make sure we have a voice in other important decisions about our municipal solid waste. . If we can reduce the number of garbage trucks serving fue City, we can make our streets and alleys last longer and reduce exhaust and noise pollution . Continued consolidation of the industry will leave individual residents wifu decreasing choice and decreasing power in fue marketplace, if the City keeps an open . system. It is the consensus of the Commission that the interests of the residents of Falcon Heights can best be served by implementing organized collection in the City. Accordingly, fue Commission recOlIm1ends the following plan and timetable . On October 13, end the statutory planning period and commence the 90-day discussion period . Put the Commission's report and recommendation and the haulers' recommendation in fue hands of resident as soon as possible after October 13 . Take comment from the public under guidelines to be determined by the City Council for a limited period to be designated by the CounciL . Make available an opportunity for haulers to participate in further discussion during the 90 days . Make findings of fact, as required by Minn. Stat. 115A.94, in January, 2005, at the end of the 90 day discussion period or soon thereafter. . Pending the will of fue Council, after fue expiration of the 90 days, issue a Request for Proposal that . o Serves the best interests of the residents of Falcon Heights, financially and environmentally City of Falcon Heights Final Report on Organized Collection October 13, 2004 33 Moves toward all the goals articulated in January, 2004 Covers all types of residential solid waste discussed in the original goals, except recycling, which shall remain separate for now. o Malces every effort, including innovative strategies developed by other cities, to ensure that all haulers, large and small, now licensed in the city, have a fair chance to compete for a city contract o . o Whatever the Council decides to do in the end, there is room for improvement in the way Falcon Heights manages its solid waste and opportunity to make positive changes now. Whatever system the City chooses to follow, the Commission hopes that through this process residents have become better educated about this essential community service and about ways they can make wise, healthy and environmentally sound choices about the waste they produce. . . City of Falcon Heights Final Report on Organized Collection October 13, 2004 34 . . . Appendix A Goals of Solid Waste Collection in Falcon Heights Solid Waste Commission of FaIcon Heights January, 2004 It is the mission of the Falcon lIeights Solid Waste Commission to develop a more efficient, more economical and more environmentally sound solid waste disposal system, and build a waste management education plan for all age groups, starting wit/x our youngest citizens. Based on this mission statement, the Commission has developed the following goals for solid waste collection in Falcon Heights. More Efficient I. Refuse collection shall be on one day of the week for all residences in single- family residential zones. 2. Waste collection base plan shall include refuse, recycling and yard waste, with options provided for appliances and other large objects. o J. There shall be an efficient quarterly billing procedure with clear, itemized charges for each resident. 4. The City shall manage service and resident concerns. More EconomicaI 5. To reduce road maintenance costs, each street or alley shall be served by only one hauler, one truck per collection day. The City may choose the option to designate one or more zones, one hauler to a zone, and may choose to contract separately for recycling. 6. The City shall specify the maximum size of garbage trucks, in the interest of safety and protecting citizens' investment in City infrastructure. 7. Prices shall be competitive with what Falcon Heights residents are paying now and with what is being charged in other Metro area cities. Pricing options shall be the same in all neighborhoods of the city. 8. A choice of service levels shall be provided, based on bin size. An eA'1ra-small size shall be available. Residents shall be allowed to share service. Service shall include options for additional services or special pick-ups. City of Falcon Heights Final Report on Organized Collection October 13, 2004 35 9. Residents shall have option of temporary suspension of service, with either a one- month or two-month minimum. 10. Any contract for organized collection made by the City shall be for 3 or more years and shall include conditions for termination prior to the end of the contract. More Environmentally Sound 11. Refuse shall go to the RaillseyIWashington County Resource Recovery Facility in Newport, or a similar environmentally sound facility at the direction of the City, if the Newport facility is no longer available. Hauler(s) must certify this quarterly. 12. Waste collection service shall be consistent with sound public health policies and a clean city. 13. Within the fIrst year of the contract, hauIer(s) shall provide a viable plan to implement collection of organics for compo sting. Pnblic Education 14. The City shall have the option to provide informational inserts to be sent out with bills, at the City's discretion. 15. Hauler(s) shall provide accurate qnarterly tonnage reports to the City. 16. The waste bauIer(s) shall support the City's efforts to educate residents and students on solid waste and recycling issues. City of Falcon Heights Final Report on Organized Collection October 13, 2004 36 . . . . . . Appendix B Solid Waste Commission Interim Report on Organized Collectioo Study June 23, 2004 Introduction On March 24, 2004, the City Council passed a resolution ofintentto organize refuse collection under the provisions of Minnesota Statute 115A.04. The Council stated very clearly that their approval of the resolution of intent was not a fmal approval of organized collection, but a direction to the Solid Waste Commission to continue their study of all sides of the issue, with the final decision to be made later. Since March 24 the Solid Waste Commission has met six times: . Commission meetings on April 14, May 13, and June 10 . Meetings with haulers on April 20 and May 12 . Public informational meeting on May 20 In addition the Commissioners have gathered a large amount of research material and met with the City Attorney to explore options. Comments from residents (and some non-residents) have been collected in a dossier that has been copied to both the Commission and the Council. Comments from Residents . Total number of residents whose comments are recorded in maiVphone log: 71 . Number favoring organized collection: 22 . Number opposed: 34 . Number who said they had no opinion: 8 . Number who only had questions: 7 . Ratio of "opposed" to "in favor" at March 24 hearing: Estimated at 2 to I . May 20 public meeting: All but I person were opposed. A letter was sent to all R-I residents on January 29, enclosing a copy of the Commission's goals, but by far the most comment seemed to be generated by mailings from haulers. These letters, generated from an industry template and reprinted on each company's letterhead, were nearly identical to letters sent out during the Ramsey-Washington Counties organized collection process in 2002, made unsubstantiated predictions about price rises, and encouraged a negative response to the City's efforts. In spite of these mailings, many residents contacted Staff and Council to express their approval of the idea of organized collection. Some of their reasons are summarized here: . More wear and tear on roads caused by extra trips under current system . Extra trips mean more fuel consumed, more air pollution, more traffic congestion . More traffic is a safety concern . Organized collection is more efficient - basic logic - suggesting being able to pass savings on to residents . City has more bargaining power than an individual ovmer yielding potentially better price for residents . In answer to concems about whether organized collection will be more burden for the City, the City has plenty of experience with contracted work. Many current City services are outsourced. . A larger number contacted the City or came to the puhlic meetings to express their disapproval. "Choice" is a very important factor to these residents. (Reference: March 24 Public Hearing, May 20 Public Meeting and communications from iodividuals) . Many want "choice" so they can keep tile hauler they have; tiley are concerned that a city contract would force them to have a hauler they don't want. . Many prefer a local hauler and do not want to give tileir business to a large, non-local corporation. . Some have the misconception that the Commission is ONLY supportive of a siogle hauler io the City. The goal explicitly states zoning and multiple haulers. . Some assume that a city-wide contract would mean that local haulers would not be considered and would be put out of busioess, although this is certainly not a goal of the Commission or a necessary outcome of the organized collection process. . Some residents say they like being able to change haulers whenever they want, to improve quality of service and/or reduce cost. [italicized portion added by Mayor Gehrz at Council Meeting of 6/23/04] . Some are opposed to government involvement in anything. Environment and city infrastructure are also very important issues to most residents (Reference: Public Heariog on March 24, Public Meeting on May 20 and communications from iodividual residents) . TIley do care about where refuse goes . They do care about the impact of trucks on the street . They do care about how much trash is produced and want effort and education directed toward reduction. . Hauler Meetings The two meetings on April 20 and May 12 were generally positive and constructive. The haulers have provided a large anlOunt of research material to the Commissioners. (See Research section.) Commissioners and haulers agree that most of the goals proposed by the Commission can he met under the current system (Reference: April 20 hauler meeting), provided: . all the residents of Falcon Heights make informed, wise and environmentally sound choices. . The haulers come through with adjnstments and compromises they have informally offered (See below) The following goals can be met by residents making wise use of service options available to them now (Reference: April 20 hauler meeting) . Competitive prices . Temporary suspension of service . Choice of hin size . City of Falcon Heights Final Report on Organized Collection October 13, 2004 38 . . Service options such as yard waste . Quarterly billing Haulers have expressed willingness to volnntarily impose the followiog adjustments that would mitigate the effects oftrucks on the streets and alleys. To date only two haulers have acted on these expressions of concern. We havc reservations about follow-through when all we have are verbalizations of concern. (Reference: April 20 and May 12 hauler meetings): . Bring trucks into the City empty . Train drivers to enter and exit from alleys with left turns, reducing the damage to curbs and boulevards . Cooperate with residents' or the City's requests not to drive on streets or alleys where they have no customers In addition the haulers have also informally stated that they could voluntarily do the following: . Allow the City to provide educational material to be enclosed in bills . Take all garbage from Falcon Heights to the Resource Recovery Facility in Newport Commissioners are mindfnl that, without an organized collection contract, therc is no way to enforce these volnntary accommodations over time. Research in Progress . Truck impact on City Streets and Alleys (in progress) The number and weight of trucks is the variable that determines how much impact this industry has on our streets and alleys. (Reference: April 20 and May 12 hauler meetings) The haulers themselves acknowledged 111is at the May 12 meeting. They agreed that the goal of reducing the number and weight oftrucks will not be met under an open system. . They argued that the freedom of the market outweighs this consideration. . One hauler offered the idea of limiting the number of hauling licenses in the City - which can be done without organizing collection. The Commissioners point out that limiting the number of haulers is not necessarily consistent with the haulers' desire for a "free and open COll1petitive maTket" . Haulers presented evidence the rclationship between truck weight and street wear is not simple. Other factors are: number of axles, whether the truck is center-loaded or rear-loaded and how many stops a truck mal<es. . Haulers have referenced research showing 111at the number of stops and starts have more impact than the number oftruclcs. However, in Falcon Heights, the number of stops and starts is 111e same regardless of how many trucks make 11lOse stops. Destination of Refuse (in progress) . Most trash in Ramsey County goes to the Resource Recovery Center in Newport. This is an outcome ofthe Ramsey-Washington County orgaoized collection process in 2002. Commissioners visited the facility ill April City of Falcon Heights Final Report on Organized Collection October 13, 2004 39 . All haulers who operate in the two counties must contract to deliver all their trash or a percentage to the RRF. Some are contracted to deliver all their refuse to the RRF; others are contracted to deliver a percentage ofthcir refuse to the RRF. . Most haulers licensed for residential pickup in Falcon Heights have stated that all Falcon Heights trash goes to the RRF. However, without organized collection there is no way to verify that this is true on an ongoing basis, or to guarantee that it will be true at any future time. . The contracts between haulers and Ramsey County are for a limited term. . The RRF is most efficient when it has a guaranteed stream of waste, which can only be achieved on our end by organized collection. , . In terms of reducing the need to consume primary energy resources, such as oil and natural gas, RRFs are much more effective. . Modern landfills are equipped to deal with waste from a resource recovery facility in a safe way. Incineration produces energy and greatly reduces the volume of waste that eventually goes to landfills. . There are concerns about the production of dioxins and other pollution from burning. . Haulers presented educational material about modem landfills in an effort to show that incineration (via the Newport Resource Recovery Facility) is not necessarily a better option, environmentally. (Reference: May 12 hauler meeting and packet of printed materials submitted by Mr. Doug Camival) Commissioners have arranged to visit the Elk River Landfill in late June. . All landfills in Minnesota and surrounding states comply with strict federal standards that are supposed to keep pollution from seeping into soil and groundwater for at least 20 years. The technology is not old enough to evaluate its effectiveness over a longer term. . Commissioners concede that waste management technology has improved since our "father's dump" days. This has largely come about through legislated and legal precedents. However, Commissioners are interested in meeting more than minimum standards especially when it comes to our children and grandchildren's future. "We do not want to leave a 'mess' for them to clean up." . Modern landfills also produce energy from the burning of methane gas . Options for Achieving the Goals The major goals that cannot be met throngh the present open system are . Reducing the number and size of trucks on our streets and alleys . Controlling snch factors as fuel efficiency and load type for trucks . Controlling the destination of our residential trash. (see below) It has been suggested that the City can accomplish these goals through licensing. According to the City Attorney, the City's ability to achieve any of the goals through licensing is limited (Reference: City Attorney Roger Knutson). Licensing could control the following: . Number of hauler licenses available in the City Licensing could not be used to control the following . Where the trash goes . City of Falcon Heights Final Report on Organized Collection October 13, 2004 40 . . . . Weight and configuration of trucks (e.g. center-loading vs. rear-loading) . Fuel efficiency of trucks . Limiting truck traffic to strects and alleys ONLY where the haulers have customers . Controlling the truck miles traveled to collect our trash . Controlling the emissions of the trucks used The following goals can be met by residents making wise use of service options available to them now (Reference: April 20 hauler meeting) . Competitive prices ~ Temporary suspension of service . Choice of bin size . Service options such as yard waste . Quarterly billing The Solid Waste Commission expects to submit a final report in July. Note: The study requested by the City Council required more time than the Commission estimated in June. The study was completed in late September, 2004, for presentation on October 13. City of Falcon Heights Final Report on Organized Collection October 13, 2004 41 WILLIAM R. MCGRANN ANDREW J. SHEA DAVID S. ANDERSON DOUGLAS M. CARNIVAL ROBERT O. S1RA.UGHN PETER L COOPER KATHLEEN M. LAMB JOHN R. SCHULZ COREY J.AYLlNG HENRY M. HELGEN m RANDOLPH w. MORRlS SCOTT B. CROSSMAN CARLA J. PEDERSEN PAMELA HODGES NISSEN KATHLEEN MICHAELA BRENNAN JOSEPH T. BAGNOLl McGrann Shea Anderson Carnival Straughn & Lamb, Chartered ATTORNEYS AT LAW U.S. BANCORP CENTER 800 NICOLLET MALL SUITE 2600 MINNEAPOLIS, MINNESOTA 55402.7035 . GREGORY P. GATTl JENNIFER A. JAMESON TIMOTHY J. FOSTER AMY L COURT ROGER STELLJES SEAN O. SKRYPEK AIVIANDA R CEFALU TELEPHONE (612) 338-2525 FACSIMILE (612) 339-2386 Septernber 20, 2004 Jeff Alexander Chair of Solid Waste Commission City of Falcon Heights 2077 West Larpenteur Avenue Falcon Heights, MN 55113 Dear Chair Alexander: . Falcon Heights Zoning and Planning Coordinator, Deborah Jones, has requested that my client, the National Solid Wastes Management Association (NSWMA), Minnesota Chapter, provide you with a written proposal for inclusion as an option in a plan which the Solid Waste Comrnission will recommend to the Falcon Heights City Council regarding future collection of solid waste. As you know, NSWMA and its Minnesota members have for some time, encouraged the Commission and the City Council to work with the haulers to voluntarily achieve comrnon goals to provide environmentally safe, efficient, and competitively priced waste services to the residents of the City of Falcon Heights. We have suggested that the Commission and the City Council achieve these goals through a collaborative effort with the haulers rather than pursue the route of organized collection. Further, numerous City residents have indicated to the haulers, as well as the Commission and the City Council, that they strongly support their right to choose the garbage hauler with which to do business. We have met with the members of the Commission on a number of occasions in an effort to voluntarily achieve the goals of solid waste collection in Falcon Heights as set forth by the Commission. It is our belief that those discussions have been fruitful and have provided a substantial amount of inforrnation to the Commission on numerous issues such as environmental protection, truck use and technology, and the business and operational aspects of waste hauling. . . . . Jeff Alexander September 20, 2004 Page 2 At your request, we have hereby reduced to writing our proposed plan for future handling of solid waste collection in the City of Falcon Heights by stating your goals and those activities which are currently occurring by the haulers in the City of Falcon Heights and those which we feel would be valuable as we go forward. We suggest that if the provisions of this plan are acceptable to the Commission and the City Council, they be incorporated into a Memorandum of Understanding or similar document which also contains a mechanism by which the signatory parties can ensure that the commitments are met. This Memorandum of Understanding would form the basis upon which waste hauling in the City of Falcon Heights would occur into the future and would obviate the need for any further discussion or irnplementation of organized collection. The following are the "Goals of Solid Waste Collection in Falcon Heights" adopted by the Commission and the NSWMA member haulers' suggestions with respect to those goals. More Efficient 1. Refuse collection shall be on one day of the week for all residences in single- family residential zones. It appears that this goal has already been attained since refuse is currently collected in the City of Falcon Heights only on Fridays. NSWMA member haulers are comfortable with this arrangement since it is already occurring and no further changes in practice are needed to meet this goal. 2. Waste collection base plan shall include refuse, recycling and yard waste, with options provided for appliances and other large objects. NSWMA member haulers who are currently hauling in the City of Falcon Heights collect refuse, recycling and yard waste. They also currently provide options to their customers for appliances and other large objects. Some collect them as a matter of course and others make arrangements with their customers to provide the collection service for these objects either directly or through other available service providers. As a result, the current practices of the NSWMA rnember haulers in Falcon Heights meets this goal. 3. There shall be an efficient quarterly billing procedure with clear, itemized charges for each resident. Each of the NSWMA member haulers in Falcon Heights currently bills its customers either on a quarterly or more frequent basis providing iternized charges for each resident it serves. The current billing practices of all of the NSWMA member haulers currently meet this goal. Jeff Alexander September 20, 2004 Page 3 . 4. The City shall manage service and resident concerns. Currently the NSWMA member haulers handle customer concerns directly with their customers. This provides an efficient, effective and direct way with which these independent businesses can ensure that their customers are satisfied with their service. The NSWMA rnember haulers are eager to work with the City of Falcon Heights to bring to the City's attention, concerns which they are hearing from their customers and provide the City with the solutions they have implemented to resolve those concerns. Further, the NSWMA member haulers are eager to receive any concerns which residents raise with the City about hauling services and provide the City with a report on the solutions that have been undertaken. It is the goal of the NSWMA member haulers, of course, to provide the best service possible to their customers so that long term relationships can be established. More Economical 5. To reduce road maintenance costs, each street or alley shall be served by only one hauler, one truck per collection day. The City may choose the option to designate one or more zones, one hauler to a zone, and may choose to contract separately for recycling. . As was mentioned above, the NSWMA member haulers and the members of the Commission met on a number of occasions to discuss ways to voluntarily meet this goal. These haulers are willing to rnake a number of adjustments in their business operations to help mitigate the effects of trucks on the streets and alleys of the City of Falcon Heights. Among those adjustments that the NSWMA member haulers are willing to make are to: 1. bring trucks into the City empty; 2. train drivers to enter and exit frorn alleys with left turns, reducing the damage to curbs and boulevards; 3. cooperate with resident's or the City's request to not drive on streets or alleys where they have no customers. Although the NSWMA member haulers are eager to prevent any damage to curbs and boulevards, it should be noted that there appears to be some question as to whether past damage to curbs was due to garbage collection or other industries' vehicles. (See attached memorandum of Eric Sederstrom of Walters Recycling and Refuse, Inc. to George Walter regarding his conversation with the City Engineer on this issue.) . . . . Jeff Alexander September 20,2004 Page 4 6. The City shall specify the maximum size of garbage trucks, in the interest of safety and protecting citizens' investment in City infrastructure. The comments made above in number 5 address this goal as well. 7. Prices shall be competitive with what Falcon Heights residents are paying now and with what is being charged in other Metro area cities. Pricing options shall be the same in all neighborhoods of/he City. Currently, each hauler in Falcon Heights sets its own prices with its customers. This competitive marketplace provides each resident of the City with the ability to shop among the hauling community to determine what services that customer needs and what prices he/she is willing to pay. Further, it gives each individual resident the opportunity to change service providers if that resident is unhappy with either the price or the service helshe is receiving. This healthy competitive environment is the same as exists in all of the communities in the Metropolitan area which have open hauling systems similar to Falcon Heights. 8. A choice of service levels shall be provided, based on bin size. An extra-small size shall be available. Residents shall be allowed to share service. Service shall include options for additional services or special pick-ups. Currently, the NSWMA member haulers in Falcon Heights provide volume based pricing to their customers. The competitive nature of their. businesses provide residents with various options that meet the needs of their particular families. Further, the NSWMA member haulers indicate that they have no objection to the idea of permitting residents to share service with their neighbors if those particular residents decide on their own to do so. The NSWMA member haulers are eager to provide service that the customers request and are prepared to make arrangements with their customer, should a customer request that he/she be permitted to share service with a neighbor. Currently, each of the NSWMA member haulers provides options to their customers for additional services or special pickups that might be necessary. As a result, these special services would continue to be provided in the future by the NSWMA member haulers to their particular customers. 9. Residents shall have option of temporary suspension of service, with either a one-month or two-month minimum. Currently, the NSWMA member haulers do provide their customers with the opportunity to temporarily suspend service if they request it. They have no objection to continuing to provide this opportunity for temporary suspension and would be willing to do it on either a one-month or two-month minimum basis if requested by their customer. 10.Any contract for organized collection made by the City shall be for 3 or more Jeff Alexander September 20,2004 Page 5 . years and shall include conditions for termination prior to the end of the contract. Since this goal presupposes the adoption of an organized collection system, it is not relevant for the NSWMA member haulers to comment upon it since they do not support organized collection and the City's entering into contracts for hauling services. Further, if the NSWMA member haulers proposal is adopted, this goal would no longer be necessary. More Environmenta/ly Sound 11. Refuse shall go to the Ramsey / Washington County Resource Recovery Facility in Newport, or a similar environmentally sound facility at the direction of the City, if the Newport facility is no longer available. Hauler(s) must certify this quarterly. During discussions between the NSWMA member haulers and the Commission, a substantial amount of information was provided with respect to environmentally sound disposal facilities. As was pointed out, modern federally permitted Sub-Title D landfills, which are the only landfills which are permitted in the State of Minnesota and its . surrounding jurisdictions, are safe and environmentally sound facilities for waste disposal. The United States Environmental Protection Agency has set these requirements out in its Federal Regulations. NSWMA is not aware of any failures or environmental hazards that have been caused at these federally permitted facilities. Today's modern MSW landfills are well-engineered facilities that are regulated under strict federal and state regulations to ensure protection of human health and the environment. Modern MSW landfills are operated, located, designed, monitored, closed, and cared for after closure to ensure environmental performance. The federal requirements contain location restrictions, liner requirements, operating practices, groundwater-monitoring requirements, closure and post-closure care requirements, corrective action requirements, and financial assurance requirements for all active MSW landfills. In addition, modern MSW landfills collect and treat the leachate (the water that passes through the waste) and gas (from the decomposition of the waste). Recovered landfill gas can be converted into energy (electricity, steam, heat, vehicle fuel) to reduce America's dependence on petroleum products. (A graphic depiction of the major components of a modern MSW landfills in compliance with Federal Regulations is attached.) Currently, most of the waste generated in the City of Falcon Heights goes to the Ramsey I Washington County Resource Recovery Facility in Newport, Minnesota. However, some waste does go to these modern federally permitted Sub-Title 0 landfills which are environmentally sound disposal facilities. The NSWMA member haulers . . Jeff Alexander September 20,2004 Page 6 currently have contracts with Ramsey and Washington Counties to provide all or a specified amount of waste generated within Ramsey and Washington Counties to the resource recover facility at Newport. The NSWMA member haulers will continue to provide that waste pursuant to their contracts and will continue to use federally permitted Sub-Title D environmentally safe landfills as the only two destinations for waste generated in the City of Falcon Heights. Since the NSWMA rnember haulers are not aware of any scientific proof that danger to the environment is any more likely by disposal in the resource recovery facility or a Sub-Title D landfill, the NSWMA member haulers propose that they continue to use these two options pursuant to their current contractual arrangements providing environmental disposal facilities to the citizens of Falcon Heights. 12. Waste collection service shall be consistent with sound public health policies and a clean City. Current hauling practices of the NSWMA member haulers are consistent with sound public health policies and a clean City. Further, these haulers pledge to continue their current policies to ensure that these goals are met. . 13. Within the first year of the contract, hauler(s) shall provide a viable plan to implement collection of organics for composting. Currently, the NSWMA member haulers collect yard waste from their customers. These haulers propose to continue this practice into the future. With respect to organics, the NSWMA member haulers recognize that various organizations are studying the possibility of collection and composting of organic material. No systems have been set up to date to effect this program. As a result, the NSWMA haulers feel that it is premature to propose a system for the collection of organics but suggest that they will work with the City to explore possibilities in this area to determine whether it is economically feasible and meets sound public health policies. Public Education 14. The City shall have the option to provide informational inserts to be sent out with bills, at the City's discretion. The NSWMA member haulers are eager to work with the City to provide informational inserts in their billings to their customers should the City request that service. 15.Hauler(s) shall provide accurate quarterly tonnage reports to the City. . The NSWMA member haulers can provide quarterly tonnage information to the City, but because their disposal loads are often generated in multiple communities, it is very Jeff Alexander September 20, 2004 Page 7 . difficult to provide exact data. However, these haulers are willing to provide estimates which will be as close as possible to exact data. This should satisfy this goal. 16. The waste hauler(s) shall support the City's efforts to educate residents and students on solid waste and recycling issues. Again, the NSWMA member haulers are eager to support and work with the City's efforts to educate residents and students on solid waste and recycling issues. These haulers feel that they have a wealth of knowledge and experience which can be of great assistance to the City and its residents. They view this as an opportunity for collaboration and education. The foregoing plan is put forth by NSWMA and its member haulers in an effort to show their good faith and desire to work with the Commission and the City Council to meet the City's solid waste goals and the expressed desire of the citizens and the haulers to continue to provide waste hauling services on a competitive and individualized basis. We hope that this proposal is adopted by the Commission and the City Council so that superior waste hauling services can be provided to the residents of the City of Falcon Heights without the imposition of organized collection and the loss of customer choice and the competitive marketplace. ~~l Douglas M. Carnival Counsel to the National Solid Wastes Management Association, Minnesota Chapter . DMClmlh 177510 . . . . Jeff Alexander September 20, 2004 Page 8 Typical Municipal Solid Waste Landfill Components Liner systems can include clay, geotextiles, and/or plastics on the bottom and sides of the landfill to prevent liquids Liner System from leaving the landfill and impacting groundwater resources. In the cross-section, the liner system is comprised of a compacted liner overlain by a synthetic liner. Leachate collection system (LCS) is placed on top of the liner to collect and remove water (rainwater or liquids Leachate Collection System contained in the waste) draining through the waste. The water passing through the waste is typically referred to as leachate. Leachate collected in the LCS is treated on- or off-site. A final cap with the same hydraulic conductivity as the liner I is placed on top of the landfill when the final height has Cap System been reached. On top of the hydraulic barrier, a vegetative ! laver is installed to orow veoetation. The cap system Jeff Alexander September 20, 2004 Page 9 prevents precipitation from infiltrating into landfill after closure. A gas collection system is installed in the landfill using perforated vertical (wells) and horizontal pipes to prevent Gas Collection System methane and other trace organic gases from escaping. The gas is extracted under vacuum and pumped to a destruction devise such as a flare or energy utilization facilitv. A network of storm water drainage channels are installed on and around the landfill to collect precipitation and collect Surface Water Control it rainwater retention pond. The storm water collection System system controls erosion on the cap and adjacent areas to prevent surface water contamination. A comprehensive environmental monitoring system is Monitoring System installed around the landfill to ensure that the liner system and gas collection system is operating properly and human health and the environment are protected. . . . . . . ......... RECYCHNGANfJ t..., REFUSE INC. P.O. Box 67 .' Circle Pines.MN 55014 . (76~) 780cll464-Fax,f763j 78Qc5620 Mltr, 12,'2004 To: G'ci>fge Walter Fic:lm:EticSederstrom RE~FalconHeights LhaveJ:ornpletedathoIO,ugh investi gatlon of 1healle)'sin Falcon Heigh~. The damage in.the,reSidentiaLalleysappeared to be can sed by iliiv.e.rs1urri1ng .100 sbatparqundJ;Oroerswhellentering6t,eXitirtg the alleyways. The rear tires cifllre truck cdroveoverthelawnattheend of the alleys killing the grass and in;soll1e cases, the tires sunk into, the lawn. 1 firmly believe thatthist,ypeof damage can be prevented witlJ'the proper ttainingof the drivers. Therewasonelllleythatrequired asphalt and curb repair. [conlaCted Dehoral1 Jones (city of Falcao Heights}and Bi]J,Maertz{Falcoo Heights Public Works}todiscuss :thjsp;uticular'Site. BiIl Maenz did a drive,thruthe city, Wednesday, May l<l-tlltoinspect ~#teMd chetkforotherproblell1m-eas.Hereportedbaek tOme that the repair at Albert &:Idaho was due to a utility repair and he did not see any .other damages ,througboutthealleysthat he could attribute to the garbage trucks. Sioce1he lastcouncil meeting in April, I discussed these issues with our drivers andThave implemented ,a moreintense'U1l.iningprogram to eliminate this type of damage (see attached). It maybe in our best interest to share this information with .the other hBulers il1,F alconHeights. S.rr:cerep.~ . J.r~ EricSederstrom Appendix D . Customer Trash Hauling Charges I. Falcon Heights Rates for 2004 Falcon Heights residents pay several charges related to disposal of solid waste. Recycling is billed with the property tax. Trash hauling bills include a base rate for pick-up and disposal of trash, the volume- based County Environmental Charge (which used to be paid on the tax bill), and state tax. There may also be extra charges for yard waste, speciaL pickups or other extra services. The scheduled rates of the City's licensed residential refuse haulers for basic collection are listed in the table below. Haulers are required to submit a rate list annually when they apply for their business license, and to notify the City when there is a change of rates. The rate schedules do not include any discounts or special offers that may be available. Hauler Container sizes Monthly rate Comment (gallons) Sm Med Lg Small Med Large BFI 32 68 95 $ 15.31 $ 16.41 $ 17.51 Includes tax Gene's 38 60 90 $ 13.25 $ 16.95 $ 19.28 Before tax Horriaan 30 60 90 $ 12.00 $ 14.50 $ 16.60 Rates do not include tax OnvxlSuoerior 35 65 95 $12.38 $ 13.48 $ 15.67 Without non taxable services OnvxlSunerior 35 65 95 $11.89 $12.99 $ 15.18 With non taxable services Walters 38 64 98 $ 16.00 $ 17.65 $ 18.65 Excludes tax, special discounts, Recycling & other specialty rates Refuse Inc. Waste 32 64 96 $15.31 $ 17.51 $ 18.60 Includes MN waste assessment Manaaement but not CEC . Note that container sizes vary as much as 8 gallons among companies. However, the rates do not match proportionately with container sizes. For example, even allowing for tax being included in the BFI rate, their cnstomers pay more for the 32 gallon capacity than Gene's customers pay for a 38 gallon capacity. And businesses with equal size containers do not charge the same rates. To simplify the calculation, each category was grouped together. After taxes were subtracted from rate lists tbat included them, the following averages were computed for charges in Falcon Heights. Smallest size container (30 - 38 gallons): $13.59 Medium size container (60 - 68 gallons): $15.56 Large container (90 - 98 gallons): $17.17 . City of Falcon Heights Final Report on Organized Collection October 13, 2004 52 . II. MOEA Study, 1994 Table ID-2. Average Regional Residential MSW Collection Charges Under Open and Organi.zro Collection Systems in 1993 ($/Honsehold/Month)' Container Size Organized Systems Open Systems Pe=t Difference 30-gallon $12.12 $13.72 13.20% 60- gallon $14.78 $16.08 8.80% 90-gal10n $15.69 $18.25 16.32% More than 90-gallon $19.14 $20.01 4.55% I Median i $15.23 I $17.16 I 16.6J% I 'Based on the average of reponed monthly collection fees for weekly refuse collection from GBB survey of haulers and municipalities (1993) and Chanhassen organized collection study (J993). Note that service levels may vary, including special clean ups, bulk collection, etc. . III. North St. Paul Study, 2000 . City #01 30 gal GOgal gOgal Comments haulers North Sl. Paul 1 $ 9.44 $11.58 $13.43 Solid waste only Stillwater 1 $ 11.45 $13.24 $ 15.10 Solid waste, recycling, yard waste, appliances White Bear Lake 1 $ 9.50 $ 10.60 $ 12.15 Solid waste and recycling White Bear Township 1 $11.06 $11.86 $13.61 Solid waste and recycling Hopkins 1 $ 11.00 $ 13.25 $14.45 Solid waste and recycling Blaine 1 $ 8.90 $12.40 $ 14.40 I Solid waste and recycling Sl. Louis Park 3 $ 8.90 $ 12.40 $ 14.40 Solid waste, recycling and yard waste Maplewood 11 $ 15.97 $18.60 $ 20.51 Solid waste and recycling Anoka 7 $12.74 NA $ 15.95 Solid waste and recycling Vadnais Heights 4 $ 10.89 $ 12.48 $ 14.70 Solid waste and recycling Little Canada 4 $10.55 $ 12.11 $ 14.30 Solid waste and recycling Roseville 6 $12.72 $ 17.01 $18.51 Solid waste only i City of Falcon Heights Final Report on Organized Collection October 13, 2004 53 IV. Ramsey/Washington Counties Research Recovery Project, 2002 . In "Public Collection Study: Final Report" from the RamseylWashington Counties Research Recovery Project, data from Ramsey and Washington Counties into the following table in Appendix 14: $11.78 $13.30 $12.83 $12.12 12.89 16.01 16.56 1537 14.78 16.0g 14.84 18.62 19.10 17.70 15.69 1&.25 19.36 19.50 20.56 no data 19.14 20.01 2.12 no data 0 1.58 Ul 1.50 LlO- no L25/bag 1.15- .74 UO 1.50/bag charge- 1.25lbag 1.50lbag The full text of Appendix 14 is available on the web as a pdf file: http://www.co.ramsey.mn.uslrecovery/docs/14.pdf V. Sample of U.S. Cities Outside of Minnesota . City Type of collection Fee information from city website Austin, Texas Municipal 30 gallon $11.75; 60 gallon $14.50; 90 gallon $17.25; tax not included. Additional charges for garbage that doesn't fit; antHitter fee; discounts on extra containers Kettering, Ohio Contract (WM) $14.25 for "unlimited"; $13.25 for "low volume" (up to 2 35-gallon containers per week) Beaverton OR Franchise contract 30 gallon $18.00; 60 gallon $29.50: 90 gallon $37.00. Includes recycling and yard waste. Has 20 gallon low- volume for $15.50; discount for extra carts Alpharetta, GA Contract (SFt) 60 gallon $11.50; 90 gallon $13.00, plus $2.00 environmental fee for all customers; plus pay.as.you. throw for overfiow, Includes recycling; yard waste is extra Keller, TX Contract $7.42 per month without recycling; $9.49 per month ($8.46 for Senior Citizens) with recycling, Collection is every other week Waverly, IA Municipal $7.70 per month flat service fee for each resident, plus $1.25 for each 33 gallon container or bag for EACH pickup. 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",..s ~ ~ '" '" 25 " ~~:e. <>~ .2 2 ""5 .S -- 8 <U "- -'" 00 '" '" '" 00 .......-'8.... 15 (lj.::1 t:: bDt:: '" '" o etl t:.l -0 ~"g ~t'::lctt "'=0bO 1-"= ",.5 ~ rn c.. iblZlo.. ......~ B '" " '" 3: E lU lD ::::..c ~ U CI):S 0 :.at:::::~~ llJ ._ 0 ;:. =: is: ~ 2~~~ IDW-=~ :0 ... v .s ~ ~ 8 ;:j bl)"- Q) :S 'v ~ ~ t:: ~ ~ tf1 cO IJ) Q) 11) ...=""d.s .~ ....... :::: "" '" - 1;j 0 en @ ~o~~ 1-1 ro s:::: ~ tt! 0... cd........ ~.s ~ ~ d) Q) a Eo Q) ~ e Q) ..l:: Q) ;::..0 [I"J [)'o:s! t:.5 g ::: :::l b[)'M ~ ,,g.5 ~ ~ ~ t:: :::l ~ o co....... u o..~..8 2 ~-s"O~ ;.,a~ 00 --- bD (I) to;j :::l ..... ........-e 0':::: _ (lj ::; E:: ......... on o B~ a ~~~~ (j)";:::; ...... ::: _~~w ,D", '" 2 a G i$ ~ ~ "-2 c;;; ~ :::l ctj :;l --- 0 0..'0 ~ 0 d cd . CD CD . c o :g .P. o o ." Q) .!::! c ro 0> o c o o "- Q) 0:: ro C u: 2 .<= (J) 'Q)"Q' :co o CN o . Ode<) ~~. 0- >..8 .- <> 00 . Appendix F: Letters to Residents 1. Letter from City of Falcon Heights to Residents, January 29, 2004 2. Letter from City of Falcon Heights to licensed haulers, Jannary 29,2004 3. Letter from Walters Recycling and Refuse to Falcon Heights customers, March 1,2004 4. Return piece provided with Walters' letter, March I, 2004 5. Letter from BFI to Falcon Heights customers, March 9, 2004 6. Return piece with BFI letter 7. Letter from Walters Recycling and Refuse to customers during Ramsey Washington study, 2002 8. Return piece from 2002 9. Letter from BFI to customers during Ramsey Washington study . . City of Falcon Heights Final Report on Organized Collection October 13, 2004 57 \.. CITY OF FALCON HEIGHTS 2077 W. LARPENTEUR AVENUE FALCON HEIGHTS, MN 55113-5594 PHONE (651) 644-5050 FAX (651) 644.8675 January 29, 2004 A note to Falcon Heights residents from the City's Solid Waste Commission: About a year and a half ago, the Solid Waste Commission was chartered to study solid waste removal and disposal in our city - that is, everything having to do with recycling and trash. Our mission is to develop "a more efficient, more economical, and more environmentally sound solid waste disposal system, and build a waste management education plan for all age groups, starting with our youngest citizens." Last year we began to study the question of whether our residents could get better trash hauling service at a lower price if we band together as a city to contract with a hauler or haulers. This is called "organized collection," and two of our neighborhoods already do something like this on their own. Under Minnesota Statute 9 l15A.94, cities are allowed to consider organized collection; many cities around us have done so. We came up with many questions. Here are some of them: · Could we get better prices for everyone if we negotiate as a city? . Would our streets and alleys last longer ifwe had fewer garbage trucks on them each week? Would we save money in future street maintenance assessments? . Can we keep the same quality of service we have now? Could we maybe get better service, with more features like extra-small, reduced-rate trash cans for small households? Could we keep the convenient Friday all-City pickup? . If we had a contract through the City, who would I complain to about poor service or a busted wheel on my garbage can? · If we negotiate as a City, how can we make sure small, local haulers are included? . "Where does our trash go after it is collected? Do we have any say about this, as a city or as individuals? Are we doing the best we can for future public health? We, your neighbors on the Solid Waste Commission, are recommending to the City Council that Falcon Heights begin a study and discussion process, according to the rules set by the State of Minnesota. We have set 16 preliminary goals, which are enclosed. What do you think? Please attend our lust Public Hearing at City Hall, 7:00 p.m. on Wednesday, March 24, and give us your input. Thanks! The Solid Waste Commission HOME OF THE MINNESOTA STATE FAIR AND THE U OF M ST PAUL CAMPUS . . . S-S" CITY OF FALCON HEIGHTS 2077 W. Larpenteur Avenue Falcon Heights, MN 55113-5594 email: mail@ciJalcon-heights.mn.us website: www.cLfalcon-heights.mn.us Phone - (651) 644-5050 Fax - (651) 644-8675 January 29, 2004 Hauler name Hauler address City, State Zip Invitation to participate in City of Falcon Heights' consideration-of organized refuse collection under Minnesota Statnte g115A.94 For the last year, our Solid waste Commission has been researching and discussing many issues of recycling and waste disposal, including organized collection. The Commissiou has decided to recommend to t,'Je City Council that the City of Falcon Heights enter into the process set forth in Minnesota Statute 9 115A.94. As part oftbatrecommendation, the Commission has formulated and offered to the Council a set of preliminary goals to guide the process. . On January 28,2004, the City Council accepted the recommendation and goals of the Solid Waste Commission and directed City Staff to initiate the process ordained in Minnesota Statute S 115A.94. Only single-family residential zones are under consideration; we are not considering changes for businesses and multi.family residences at this time. We invite residential haulers licensed iu Falcon Heights to be included in the process. The date for the statutory public hearing is set for Wednesday, March 24, 2004, 7:00 p.m., at the regular meeting of the City Council, afte.r which the Council will consider a resolution of intent. During the following 90-day study period, there will be additional public meetings and a meeting for haulers to provide their input, the dates of which will be announced. The enclosed letter has been sent to all the residents in our single-family zones to inform them of the Council's decision to embark on this process. We will keep residents informed with future mailings and our City newsletter; we will also publish updates as n"eded on our City website, http://wvJw.ci.falcon-heights.mn.us. Please contact me at 651-644-5050 if you have any questions. Our hope is that you will join us in malcing this process effective, to the benefit of all our residents. Sincerely, . Heather M. Worthington City Administrator HOME OF THE MINNESOTA STATE FAIR AND THE U OF M INSTITUTE OF AGRICULTURE S1 (F'; "Q-:70 PRINTED ON RECYCLED 'PAPER 3 ~'\ RECYCLING AND t. ~ REFUSE INC. P.O. Box 67' Circle Pines, MN 55014' (763) 780.8464' Fax (763) 780-5620 ~ March 1, 2004 Dear Customer: We feel it is important to update you about a serious proposal being considered by the City of Falcon Heights. This proposal would radically change how your waste hauling services are provided. City's Proposal will Hurt Consumers The proposal by the City of Falcon Heights would eliminate the current system where customers select the waste hauler that best meets their needs for service and price. Instead, the City wants to impose government-managed/public collection system where the City determines who hauls your waste and determines the rate you, the customer, will pay. We believe this country was founded on Freedom of Choice. We do not endorse the city taking this from it's citizens. Some of your city officials believe the elimination of competition between garbage service providers will significantly reduce the damage to the streets but they apparently don't have a plan to eliminate competition by your many other service and delivery providers who also use your streets on a daily basis. Losing the right to choose your waste hauler as well as the rate you will pay and the service level you will receive is a high price to pay where there is no guarantee of an offsetting benefit. We Need Your Help We take the City's proposal very seriously and are encouraging support from our customers in the City of Falcon Heights, local elected leaders and others who would likely oppose such a move. Please, help stop governmeni-tnanaged/public tollection. Let's preserve customer choice, competitive prices and reliable service. Take a moment to complete and return the enclosed support card. We will share your card with members of the city council. You have our assurance that your private information will not be sold or used for any commercial purpose. We are proud to be your waste service provider and appreciate your business. If you have any questions please contact George Walter at 763-780-8464. Thank you. Sincerely, / /i/~ George Walter President .. . . roo . . . ~ STOP GOVERNMENT-MANAGED/PUBLIC WASTE COLLECTION! Preserve Customer Choice, Competitive Prices and Reliability The City of Falcon Heights is considering a proposal to radically change your waste collection at the expense of you, the resident. This proposal would terminate customer choice system of waste hauling, where individual homeowners negotiate the rate they pay and choose who provides their waste hauling services. Instead, the City wants to impose government-managed/public collection where the City determines who hauls your waste . and the rates consumers will pay. r-l Yes, I am opposed to government-managed/public waste collection and give my ~al to share this card and my comments with local elected officials. Name (please print): StreetlBox; City: Zip Code: Tel: ( ) Email: Signature: Share your comments about overnment-mana ed waste Collection: Pro\liding the.information requested on this card is strictly voluntary. It is intended/or the use,-afNatio."1al Solid Wastes Management Association (NSWMA) and may be shared with local officials and media. NSWMA will not sell or use your personal information for any commercial purposes. information is subject to the Minnesota Data Practices Act. If you have any questions or concerns, contact Walters at 763-780-8464 (91 b March '9, 2004 Dear' Customer: We feel it is important to update you about a serious proposal being considered by the City of Falcon Heights. Ibis proposal would radically change how your waste hauling services are provided. City's PrODosal will Hurt Cousumers The proposal by the City of Falcon Heights wouldelimiuate the current system where customers select the waste hauler that best meets their needs for service and price. Instead, the City wants to impose government-managed/pubiic coliection system where the City determines who haUI.s your waste and determines the rate you, the customer, will pay. . . Some of your city officials believe the elimination of competition between garbage service providen; will significantly reduce the damage to the streets but they apparently don't have a plan to eliminate competition by your many other service and delivery providers who also use your streets on a daily basis. Abdicating the right to choose your waste hauler as well as the rate you will pay and the service level you will receive is a high price to pay where there is no guarantee of an offsetting beuefit We Need Your HelD . We take the City's proposal very seriously and are encouraging support from our customers in the City of Falcon Heights, local elected leaders and othen; who would likely oppose such a move. Please, help stop government-managed/public collection. Let's preserve customer choice, competitive prices and reliable service. Take a moment to complete and return the enclosed support card. We will share your card with members of the city council. Yon have our assurance that your private information will not be sold or used for any commercial purpose. We are proud to be your waste service provider and appreciate your business. If you have any questions please contact Craig Seim 651-286-4570. Thank you. Sin;lfely, . / . ~~. Craig Sefln BF1-St. Paul Hauling PLEASE CONTACT FALCON HEIGHTS CITY COUNCILMEMBERS AND MAYOR: / Mayor Sue Ge!rrz 65 I -641-1229 Councilmember Robert Lamb 65 I -646-0059 Councilmember Laura Kuettel 651-646.7099 Councilmember Peter Lindstrom 65 J-917-2977 Councilmember Richard Talbot 65J -646-6624 St. Paul Division' 4325 E. 66th Street. Inver Grove Heights, Minnesota 55076 Phonc 65J-455-8634. Operations/Sales 65]-286-4548' Fax Administration 651-286-4547. www.awin.com . . . G2 . . . G Stop Government-Managed /Public Waste Collection! Preserve Custome~ c;hoice, Competitive Prices, Re~ia?il!1:)' . The City of Falcon Heights is considering a proposal to radically change how household waste is collected. This proposal will terminate you right to hire and fire the company that provides waste removal services at your home. The City wants to impose government-mandated I public collection, instead of you deciding who provides service to your home the city will determine who services your home and how much you will pay. DYes, I am opposed to government-managed I public collection and give my approval to share this comment fonn and comments with local elected officials. Name (please print) : Street City: Telephone: ( ) E-Mail: Signature: Please sh:rre your comments about government-managed waste collection: The information provided above is strictly voluntary. It is intendedfor the use of the National Solid Waste Management Association rNSWMA) and mc:iy be share with local elected officials. NSW1v.lA will not sell or use your- personal information for any commer~jal purposes, information is subject to the Afinnesota Data Practices Act. 63 7 ~ t.~ RECYCLING AND REFUSE INC. . ~ :' , .'. .0- - .,. "".- ;. ~"~" ,', ,.~ P.O. Box 67' Circle Pines, MN 55014' (763) 7BO-B464' Fax (763) 7BO-5620 Dear'Customer: ' We' feel that it is important to update you about a serious . proposal being considered by Washington and Ramsey Courities that would radically change how your waste hauling , . 'services-arE'provided. . Counties' Proposal will Hurt Consumen; The proposal by Washington and Ramsey Counties would likely eliminate the current system' where you select the waste hauler that best meets your needs for service and price. lnstead, the counties want to impose government-managed/public collection where the counties would likely detennine who hauls your waste and set the rates consumers will pay. Although the counties say this change is for environmental reasons, we believe the real issue is the counties' desL-re to control the garbage volume going to the Newport waste processing facility. A move to a government trumaged system would allow the counties to control the . amoUnt of Waste sent to the. Newport waste prOcessing facility, but may result in a substantial cost increase to taxpayers. We Have a Better Plan The waste mdnstry believes there is a better solutioIL Our proposal includes the following four points: . i. PreserVe Customer Choice., Allow consumers to continue to choose who provides , waste service .to their home or busIDess. Consumers would also be able to continue to negotiate the rates they pay and the services they want to receive. 2 Environm..,ntal Protection., Haulers certify that we will utilize waste disposal facilities that meet or exceed strict" state and federal environmental standards, regardless of the type of waste disposal method used. 3. Protect County Contracts. Haulers have assured the counties, that we will supply enough waste volume to the Newport waste processing facility to payoff the remaining contract obligations.. 4. , Increase Recycling. Haulers are willing to work together in a public-private partnership to reduce the challenges associated with waste disposal. We want to strengthen Hie partnership between state and lbCal government, waste haulers and consumers to achieve our common objective to. reduce, reuse and recycle. . C)-I . . . We Need YouiHelp We take the counties' proposal very seriously and, with pther area haulers, are encouraging " support from our customers in Waslrington and Ramsey Cocnties, Ioca1 elected leaders and others who would likely oppose such a mOVe. Please,.heJp us.stop government-managed! public collection. Let's preserve customer choice, competitive priceS and reliable service. TBke a moment to complete and return the enclosed suPport card. We will share your card with members of the countv board You have our assurance that your private information will not be sold or used for any commercial PI1IJ1ose. Weare proud to be your waste service provider and appreciate your business. If you have any questions please contact me or Ken DuFresne at'763-78G-8464. Thank you. Sincerely, _ /t:~ W~ George Walter .hesident v.; ~ Stop Govemment-ManagedlPublic Waste Collection! . Preserve Customer Choice, CQmpetitive Prices, Reliability WashD1gbu 1tDd R:;uNey CDlllIties _ 'dev<loping . J""!'O"'! lID ...<lially chan# 10m ...... co1lec:ti<m systml .. t.e ""peno<! of ONnty ",sideits and ~ 'ibis propoo.ol W\lwd eliniiml!: l!.. cwrent syJOttm where cwtomers...leci!he ......, hauler lM.ba!_ their needs for RMCC..,d. pri<1e. Inst9d, !be <<lUIlli&..."", to impose gtn"emm<nl-""""'llcdlpublk coIledion ",i>eoe !he eowt.... delennine ",iu>Lw. ,..cur w_ and set tn. r>le> ronsumer-s will pay. o YES, 1_<>ppoOed 101l''-..nr_godlpiUllic_ct>lloefi.on Me! giv"U1y.pproval to sh.re llUo con! and my _ with wC!ll elected ollidiila. NanoeVt_U: s""'_..... City: ~( Zip Code &Mall: ew.""""",, Sh.ue-)'OW' ~~.. ahout~t~ ~~tl!' -"'" ~...u..r.m..""""--""''''''''''~''''''''lIoI)'lWd'''''1''''''''''''IoaoI-"""*,,,~''''''''. ,.....wl1l.--......,...rour.......~Ikw-V---...~ ~ilIl~"'_Mn-.~r.........N!. . . . ft,c, 9 .r:JI!JI~ UJ 1-7.,.oz . Dear CustoII:ler: We feel that it is important to update you about a serious propa;al being l:onsidered by Washington and Ram!;ey Counties that would radically change how your ~ halllinS . serviceS iU'e prOvided. CoUnties' Pm.polial will Hurt Consumers The ~opCsal by Washington and Ramsey Coun'Jes would likely eliminate the =t sy;;lem where you select the waSte-hauler that best meets your needs for service and price. Iilstead, the counties want to impose gcvernment-mimagedlpublic collection where the counties would likely tiet=1ne who hauls your wasteimd set l:be.rates consumers will pay. . Although the counties say this change is for envir~tal reasonS, we believe the real issue is the counties' desire to control the garbage volume going to the Newport ~ processing facility. A move to a gov~ managed system would. allow the counties to control the amount of waste sent to the Newport waste processing facility, but may result in a substantial cost increase to taxpayers_ We Have a Bette< Plan The waste industry believes there is it better solution. Our proposal includes the following four points; ~ Preserve Customer Choice. Allow consUlIlers to confinue to choose who provides waste service to their home or business_ COtlSl.lIIlerS would also be <ilile to continue to negotiate the rates they Fay and the services they want to :recei'te: Z. EnviroIunenial I'rotedion, . Haulers certify that we will utilize wasle disposal facilities that meet or exceed strict state and federal environIrtenta1 standards, regm-dless of .the type of waste dispo$a1methad used. 3~ Protect County COntracts. Haulers have assured the cOllIities that we will supply enough waste volume to the Newport waste processing facility to payoff the remaining contract obligations.. . 4. Increase Recyclirlg. Haulers are willing to work together in a public-private part:neri;hip to reduce the challengf'S associated with waste disposal 'We want to strengthen the Partnership between. state and local government, waSte haulezs and c=.mers to achieve our common objective to reduce, reuseand.tecycle. . &.7 . We Need. Your-Help . WE! take the counties' proposal very seriousIy and. with other area haulers, are encouraging SUppott from our customezsin Washington and Ramsey Counties, local elected Ieadersancl' others who would likely oppose such amove. PIaase, help us stop govemment.managed/public collection. Let's preserve customer choice. competitive pri~ HRd reliable service. Take a moment: to comple~ and return the enclOsed suttt>Ort carel We will share VOU1' card with members of the ~ board. . You have our aSsurance thatvour private information will not be sold or used for anvcommerdal vuroose. We are proud to be your waste service provider and appreciate your business. If you havecany . questions please contad one of our friendly custOlXl€I' service representatives' at" 651--45!Hl634.. Thank you.. . ~~ Craig Seim 8Ft Manager . Cog . . . Appendix G: Other alternatives to organized collection: Grass Roots Organizing, Licensing Grass Roots Organization Residents are free to band together and choose a hauler as a group voluntarily - on an alley, a street, a neighborhood. Two sections of the City, University Grove and Hollywood Court, have done so already. They solicit bids from the licensed haulers and negotiate a contracts as a group. The City is not involved. The City of Burnsville supports a sirnilar program, called the Neighborhood Block Rate Program. It was set up in the 1990s as an alternative to organized collection. The City provided how-to kits for residents who wanted to organize voluntarily in their neighborhoods. But Burnsville's Solid Waste Management Committee recommended that "the collection issue be reviewed and a stronger management tool for the collection" of waste be developed if participation did not reach 30% of single fan1i1y homes by 1999. ("Burnsville Neighborhood Block Rate Program: A how-to guide for organizing solid waste and recyclable materials collection," City of Burnsville, Minnesota, 1998) It is not known what the participation rate is at this time; Burnsville has an open system. Voluntary neighborhood or block organizing does require some organizational effort on the part of residents, to get started and keep going. With the cooperation of the haulers, it can reduce the number of trucks and possible gain residents a more advantageous price and some extra service. However, residents might not be able to specify where their trash goes under a neighborhood agreement Still, self-organizing does work. It is working in parts of Falcon Heights. Licensing It has been suggested that the City can accomplish some of its goals through licensing. The Commission met with City Attorney Roger Knutson to seek his advice on what could be done through licensing. I-Ie informed the Commission that the City's ability to achieve any of the goals through licensing is limited. The only effective change the City could legally malce through licensing is to limit the number of refuse hauling licenses it issues to the number it issues now and not grant any new licenses. (In fact, this possibility was suggested by one of the haulers at the April 12 meeting.) This would, over time, reduce the number of trucks in the City, but it would not necessarily serve residents well with regard to service and price. And it would do nothing to keep environmental decisions under local control. City of Falcon Heights Final Report on Organized Collection October 13, 2004 69 Appendix B URS Memorandum Subject: Pavement Design Dated: March 9, 2005 URS MEMORANDUM Thresher Square 700 Third Street South Minneapolis.. MN 55415 Phone: (612) 370-0700 Fax (612) 370.1378 To; MU!1uza Siddiqui Copy; Greg BrownfURS Tom Moore/A. H. File; From; Nick Landwer, P.E, Date; March 9, 2005 Subject: Pavement Dcsign Virtually all streets owned and maintained by the City of Ardcn Hills are bituminous (asphalt) roadways. l1Jerefore, this discussion is based on the design and load characteristics of bituminous pavement. Concrete roadways have different mechanical characteristics, are constructed differently and for economical reason have a different design life. It is commonly accepted that a 20-year design life for bituminous pavement is the most economical in the state of Minnesota. In Arden Hills a 9-ton pavement design is used for residential streets to account for heavier vehicles such as delivery trucks, buses and garbagc trucks. Pavement is designed considering three main factors; l) pavement base, 2) pavement surface and 3) drainage. With these factors in mind the folJowing information is used: · The underlying soils are tested to determine the strength and stability properties. . Traffic loading and the distribution of types of vehicles arc projected over the life of the pavement. . MnDOT design standards are and have been used on all new residential and commercial road design in Arden Hills. Pavement Base This p0l1ion of pavement design considers the underlying soil for strength and stability. The gravel base thickness is determined this way using MnDOT design charts. The gravel base is the strength of the roadway and is designed to carry most of the traffic load. Pavement Surface The pavement surface is the bituminous portion of the road section and, although it does contribute to the strength of the pavement, its primary purpose is to create a watertight and smooth surface. The projected amount of traffic for a section of roadway dctcrmines the pavement thickness and the aggregate and binder oils to be used in the bituminous mixture. The binder oils used in Minnesota are typically designed to handle the extreme temperature ranges experienced here. . . . . . . . Drainage Drainage is accounted for on the surface and in thc subsurface of the pavement section. It is extremcly important to keep water from saturating and undermining the pavement and base. On the surface the pavement is sloped to get the water out of the roadway and into the storm sewer system. In addition surface cracks are sealed to keep water from draining into the pavcment base through them. Typically a 12-inch sand layer is constructed beneath the aggregate base to add strcngth and to drain the base. In many cases perforated drainpipes are installed in the sand base to route any subsurface water in the pavement base to the storm sewer system. Because water is drained from the sand base the road becomes much less susceptible to freeze thaw cycles. The main causes for deterioration of bituminous pavement over its life span are the strength and stability of the pavement base, traffic volumes, type of traffic and environmental factors such as watcr, temperature, sun and pollutants. Traffic For design purposes traffic is estimated for thc 20-year design life based on traffic counts and projected traffic growth rates averaged over the design life to determine the Average Daily Traffic counts for the roadway. In most cases MnDOT has traffic distribution tables for the perccntages of different vehicles that will be using the road. The traffic counts and the distribution of vehicles are used to caleulate Equivalent 9-ton (NI8) Single Axle Loads (ESALs.) The ESALs are used to determine both the base and surface thickness of the pavemcnt section. For example, using ESALs, a typical garbage truck has the equivalent loading of approximatcly 1500 passenger cars. Although passenger cars are typically the largest percentage of vehicles to use the road the roadway section is designed to handle the loading of the larger vehicles. Tables H.l and H.2 from the MnDOT Geotechnical and Pavement Manual are included to show typical vehicle type distributions and the load factors applied to a particular type of vehicle. Environmental Water is very hard on the pavement section particularly in cities like Arden Hills where the clay soils under the road can trap water and become a problem during freeze thaw cycles. On pavement with no hard edges such as concrete curb and gutter the water can also contribute to the raveling of the pavement on the edges. The bituminous pavement itself becomes brittle over time from the effects of temperature, sun and pollutants. Typically most cracking exhibited in properly constructed bituminous roadways is due to temperature changes causing the pavement to expand and contract. For this reason, cracks are sealed and roadways are generally seal coated with a bituminous slurry and covered with a fine aggregate. Seal coating is typically recommend every 7 to 10 years to maintain and possibly extend the life of the pavement. It has been observed that many of the older streets in Arden Hills, particularly the rural design with no curb and gutter, rely more on the pavement as strength and do not have very good aggregate bases and generally do not have a sand layer. It is assumed that many of these streets began as gravel roads and have been overlaid with a bituminous surface with varying thickness. A typical newer pavement section in used on residential strects in Arden Hills is: . 12-inch sand base . 8 to 12 inches of aggregate base . 4 to 6 inches of bituminous pavement Summary Although vehicle types and loading contribute to the wear of the pavement section, environmcntal factors also contribute to the deterioration of the pavement section. A properly designed bituminous surface should be able to handle the traffic loading over its design life including heavy truck loadings experienced in Arden Hills. Reducing the number of heavy truck loadings should have positive effects on the lifespan and quality of local streets however, environmental factors are generally responsible for the majOlity of pavement wcar and deterioration for Arden Hills streets and therefore significant extensions of pavement life are unlikely. . . . . . . . APPENDIX 8(24) GEOTECHNICAL AND PAVEMENT MANUAL April 1, 1994 Appendix H.1 Assumed Distribution Factors By Vehicle Type (Table 7-5.03B) Rural Truck Local Rural Highway Metro and CSAH Vehicle %of % of % of Type Description MDT MDT AADTu 1 Passenger Cars 78.1 83.5 75.7 2 Panels and Pickups (under 1 ton) 10.0 9.0 16.0 3 Single Unit - 2 axle, 4 tire 1.4 1.6 2.4 4 Single Unit - 2 axle, 6 tire 3.9 1.8 2.6 5 Single Unit - 3 axle & 4 axle 1.3 0.5 1.7 6 Tractor Semitrailer Combination - 3 axle 0.3 0.3 -- 7 Tractor Semitrailer Combination - 4 axle 0.5 0.4 0.1 8 Tractor Semitrailer Combination - 5 axle 3.0 2.4 0.5 9 Tractor Semitrailer Combination - 6 axle * * * 10 Trucks with Trailers and Buses 1.5 0.5 1.0 * Too few to establish a value at this time. ** Data for local roads is from 1975 and 1977 County Roads Pilot Project, and these should not be used in preference to current seasonally adjusted classification counts. This is Table 7-5.038 From MnjDOT Road Design Manual January 31,1982, reference 5. April 1, 1994 GEOTECHNICAL AND PAVEMENT MANUAL -i ::r '" '" -i OJ 0' (I) -- CIlO 0 @-.:-"m 0ll>[\J0 (o~01- ..........-.0 00'" ..... ..,~, o ll> 'v "'UlS::1>> CJ)I"'+-I)( C ~Oll> to = O'.~ I>>Ul ~ '::rCs:u Ul ... 0'1>>(1)0- (I) '" I>> (I) <: " to ::: g) en ... c c (tI () I>> x..... "'..... :J '" ..... ... o 3 s:: :J --- o o -i JJ. o OJ a. o (I) '" to :J s:: OJ :J C OJ c... OJ :J C OJ ... '< w ~ ~ <D ()) [\J ... (I) ..... III ..... (I) :J () ll> 01 ~. 3 ll> ..... o<D())--<m01~ -i< W [\J ~ a' ~ CD -. () CD ..... .., c o ^ Ul -I-I-i-i-l(fJ(fJ(fJ'U'UO ~ ~ -, ~ -, -.-._.~ ~ ro C OJ OJ OJ OJ:J::J:J:J "'''' ~n.uuucotOto CD '" () '" 0 0 0 0 (I) (tI CD (/) ~ 2. .....",.,..., -'~ ~ (fJ(fJ(fJ(fJCCC OJ to ..... -. :J:J:J:Jll>0 :T3 333 ;:+.;+;+O'.....:J -i -. -. -. -. I I I 'U 0 -, ~ ~ ~ ::r -. 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() >< ll> I -I T\) '< 'D CD ~ -I Ol 0- CD -..j I 01 0 W 0 ~ JJ III :J to (J) . Appendix C University of Michigan Transportation Research Institute Report "Effects of Heavy Vehicle Characteristics on Pavement Response and Performance" Dated: August 1992 Feb 08 05 09:23a Cit~ of Falcon Heights 6516448675 5 J" -;~.; : UMTRI 92-2 EFFECTS OF HEAVY VEHICLE CHARACTERISTICS ON PAVEMENT RESPONSE AND PERFORMANCE FINAL REPORT Project 1-25(1) Prepared for National Cooperative Highway Research Program Transportation Research Board National Research Council Thomas D. Gillespie Steven M. Karamihas David Cebon Michael W. Sayers Mohammad Asghar Nasim Will Hansen Nadeem Ehsan August 1992 ~.\V!, ~ UMTRI The University of Michigan ~~J Transportation Research Institute p.2 . . . F~b 08 05 09:23a Cit~ of Falcon Heights 6516448675 p.3 . SUMMARY . The wheel loads of heavy trucks contribute to various fol1IlS of pavement distress. Of the various types, fatigue (which leads 10 cracking) and permanent deformation (rutting) are of great importance and are the primary focus in this study. Among heavy trucks. all do not cause equal damage because of differences in wheel loads, number and location of axles, types of suspensions and tires, and other faclOtS. Further, the damage is specific to the properties of the pavemen~ opernting conditions, and environmental fllClors. The mechanics of truck pavement interaction were studied to identify relationships between truck properties and damage (fatigue and rutting). Computer models of trucks were used to generate representative wheel load histories characteristic of the different trucks and operating conditions. Rigid and flexible pavement structural models were used to obtain pavement "influence functions" which characterize the pavement response 10 tire loads at any location on the roadway. The pavement responses arising from the combined loads from all wheels of a truck were then evaluated to estimate overall pavement damage caused by each truck. The study assessed the significance of truck, tire, pavement, and environmental factors as determinants of pavement damage. While most of the findings reinforce the existing understanding of pavement damage from heavy truck loads the treatment in this study provides a systematic overview of the interactions. as well as new insights on the mechanics involved. It is of most interest to examine the fmdings from the perspective of the truck characteristics that affect pavement damage, and the pavement and environmental factors that influence sensitivity to truck wheel loads. ~ TRUCK CHARACTERISTICS AFFECTING PAVEMENT DAMAGE Fatigue damage to rigid and flexible pavements is most directly determined by maximum axle loads and pavement thickness. Fatigue damage varies over a range of 20: I with typical variations in axle loads and over the same range with typical variations in pavement thickness. Other vehicle properties have a smaller, but still significant, influence on fatigue. The relationships between damage and certain truck properties of interest are discussed below: . Axle loads-Fatigue damage is dominated by the most heavily loaded axles because of the power-law relationship of load and fatigue. The first.order determinant of overall fatigue damage for a vehicle combination is the sum of the ESALs (Equivalent Single Axle Loads) for each axle. Typical truck axle loads vary from 10,000 to 22,000 Ib (10 to 22 kips). Assuming a 4th power damage relationship, a 22.kip axle is 23 times as damaging as a 1(}.kip axle. Although the relative fatigue damage varies with the exponent assumed in the power law, the importance of axle load dominates for all reasonable vall,les of the exponent. . ix Feb 08 05 09:24a Cit~ of Falcon Heights 6516448675 . T andem suspensions-Theoretically. !llndem axles have the potential to be no more damaging to roads than single axles with equivalent load per axle (i.e., a 36-kip 1andem can be no more damaging than two 18-kip singles). In practice, certain deficiencies in me performance of !llndem suspensions preclude these benefits: _ Inequalities in static load sharing cause disproportionate fatigue from the heavily loaded axle. Load sharing coeffkients Qoad on the heaviest axle normalized by the average of both axles) have been observed to vary from 1.02 to 1.21. A 34- kip !llndem with a load sharing coefficient of U5 produces damage equivalent to two l8-kip axles (ESALs). _ Most !llndem suspensions produce dynamic loads comparable to their single axle equivalents. The walking-beam tandem suspension is an exception in that it produces unusually high dynamic loads. On rough and moderately-rough roads, walking-beam suspensions (without shock absorbers) are typically 50% more damaging than other suspension types. . Axle spacing-Aside from the suspension effects discussed above, locating axles at a close spacing does not contribute to pavement damage. Damage on flexible pavements is largely insensitive to axle spacing down to the limits dictated by current tire diameters. Rigid pavements actually benefit from stress interactions between axles and produce less fatigue with closely. spaced axles. Thus. axle spacing is not an important truck characteristic affecting pavement damage. . Tire inflation pressure-Elevated tire inflation pressure greatly increases the fatigue damage of flexible pavements. Over.inflation of conventional tires (e.g., IIR22.5) by 25 psi nearly doubles flexible pavement fatigue. Simi1arly, over-inflation of wide- base single tires is especially critical, increasing fatigue by a factor of four. Tire pressure has a moderate influence on rigid pavement fatigue. . Tire configuration-Of the various tire configurations used on trucks. the most significant to damage is the heavily loaded conventional tire on steer axles. Single tires, typically loaded to 12 kips, cause the steer axle to be more damaging in fatigue and rutting to flexible pavement than a 20-kip axle (the current legal limit) with dual tires. Steer axle loads should be reduced to 11 kips or less to eliminate this disparity. Wide-base singles at their rated load capacity cause more fatigue and rutting damage than conventional dual tires on a 20-kip axle. Load on wide-base singles would have to be limited to approximately 90% of their rated capacity to eliminate this disparity. Of the truck properties discussed above, axle loads have the greatest influence on fatigue damage of flexible pavements. However, flexible pavements may also be damaged by rutting. The permanent deformation of the asphalt concrete layer caused by a vehicle is directly dependent on its gross vehicle weight To the extent that frieght must be carried by trUcks, rutting cannot be alleviated by regulating truck gross weight. because lower weight limits will only put more trucks on the road to meet commercial hauling needs. Among the vehicle factors, tire type and inflation pressure have small influences on rutting. x p.4 . . . Feb 08 05 09:24a Cit~ of Falcon H@ights 6516448675 p.5 . PAVEMENT AND ENVIRONMENTAL FACTORS . Over the range of pavement designs typical of primary and secondary roads. fatigne damage varies by a factor of 20. The primary pavement and environmental factorS affecting damage are: . Roughness in the road sUlface excites truck dynamic axle loads which increases fatigue damage. Rough pavements (2.5 PSI) experience damage at a rate that is approximately 50% greater than that of smooth roads (above 4 PSI) for most typical truck suspensions. With a walking-beam tandem suspension, however, rough roads may experience damage as much as 3 times greater than that of smooth roads. Roughness does not systematically affect rutting damage of flexible pavements. . Elevated temperatures increases permanent deformation of the pavement layers in flexible pavements. Over the temperature range from 770 to 120oF, the rutting damage from this mechanism increases by a factor of 16. . The temperature gradient in a rigid pavement slab is most important to fatigue damage, because of the thermal stress created. With a gradient of one degree Fahrenheit per inch in the slab, the fatigue damage from most trucks increases by a factor of 10 over that of a zero-gradient condition. In the process of conducting this study, shoncomings and deficiencies in the knowledge affecting our ability to predict truck-road interactions have been identified. The pavement models for flexible pavemeuts need general improvement, along with the methods for predicting damage. Rigid pavement models need more development for analysis of damage accrual at cracks and joints, and methodology for studying damage needs to be modified to investigate damage under stress conditions that include tensile and compressive loading. Broad shoncomings in the knowledge of trUcks are apparent. More empirical information on the dynamic properties of trucks and truck suspensions is needed, along with more information on truck tire properties. . xi Appendix D Minnesota Statutes "Waste Management" Chapter . . . Minnesota Statutes Display Document I of 1 -.-"-" , .- -. -. . - , . . - . " ,'- . " . . , - . , :,... '. - : ,.: -:....w. ..: __'' Minnesota Statutes 2004 Display Document 1 of 1 [;J.....~. [I].~' _ .~...II... ..,,' -0 ~~" >f> ~~~j T~r;~-~ ~l ~~: Page I of2 Chapter Title: WASTE MANAGEMENT Section: 11 5A.94 Text; 115A_94 Organized collection. Subdivision 1. Definition. llOrganized collectionTl means a system foy 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 http://ww2.revisor.leg.state.mn.us: 8181 ISEARCH/BASIS/mnstat/public/www/DD W?W... 12117/2004 Minnesota Statutes Display Document I of 1 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 i notice i 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 partici_pation 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. ...More Page 2 of2 http://\vw2.rcvisor.leg.state.mn.us: 81 81/SEARCHlBASIS/mnstatlpublic/www/DD W?W... 12/17/2004 . . . Appendix E McGrann Shea Anderson Carnival Straughn & Lamb, Chartered Letter Subject: Haulers Proposal and Draft Memorandum of Understanding Dated: June 8, 2005 MCGRANN SHEA ANDERSON CARNIVAL STRAUGHN & LAMB, CHARTERED ATTORNEYS AT LAW . WILLIAM R. McGRANN ANDREW J. SHEA DAVID SANDERSON DOUGLAS M. CARNIVAL ROBERT O. STRAUGHN PETER L. COOPER KATHLEEN M. LAMB JOHN R. SCHULZ COREY ..1, AYlfNG HE".NR"" M. HELGEN III RANDOLPH W. MORRIS .'C.COTT B, CROSSMAN CARLA J. PEDERSEN PAMELA HODGES NISSEN KAfHLLEN MICHAELA BRENNAN JOSEPH T. BAGNOLl u.s. BANCORP CENTER 800 NICOLLET MALL SUITE 2600 GREGORY P. GATTI JENNIFER A. .JAMESON TIMOTHY J. FOSTER AMY L. COURT ROGER J. STELLJES AMANDA R. eEF ALU SEAN O. SKRYPEK ALBERT E. LI MINNEAPOLIS, MINNESOTA 55402-7035 TELEPHONE (612) 338- 2525 FACSIMILE (612) 339-2386 June 8, 2005 Dear Members of the Arden Hills Transportation Task Force: At the last task force meeting, Chair Jerry Garski asked the Haulers to return with a proposal that addresses a number of issues which might help reduce wear and tear on the streets of Arden Hills. In this letter, we have provided an explanation for how we plan to accomplish each of the objectives of the City. Attached to this letter is a draft Memorandum of Understanding (MOU) which formalizes these objectives. The following is a list of items which the Haulers feel can be successfully accomplished. . These would be beneficial to the residents of Arden Hills and assist in reducing wear on the City's streets. It should be emphasized that the Haulers are eager to work with the City's staff, including the City Engineer, so that the removal of refuse from Arden Hills is done in a way that meets customer needs and preserves the streets. The following are measures which the Haulers are prepared to take: . Structure routes so that lighter-loaded trucks travel on the streets with the poorer construction. Having seen the map provided by City staff of the condition of the streets in Arden Hills, the Haulers are now in the process of replanning their routes so as to achieve this goal. They are eager to continue discussions with the City Engineer so that their trucks are the lightest when they pick up trash on the streets with the poorest construction. Changes in the routing system will be achieved through each company's individual efforts, thereby protecting the City's streets to the greatest extent possible. . Haulers will begin their routes in Arden Hills with as small a volume of waste in their trucks as is practicable. Since Haulers have routing systems which include numerous communities, it is impossible to come into every community with empty trucks. As a result, Haulers will make their best efforts to ensure that their trucks will have as small a volume of waste within them when they begin their routes within the . . . . Arden Hills Transportation Task Force June 8, 2005 Page 2 City of Arden Hills. This, coupled with beginning those routes on streets which are currently in the poorest condition, will help reduce wear on Arden Hill's streets. . By October 31, 2005, the Haulers will only use tandem axle trucks when picking up throughout the City. The practice will help reduce wear on streets by distributing loads over more axles. By the end of October, all Haulers will have acquired all the necessary equipment to complete the conversion to all tandem fleets. . The Haulers will assist the City by alerting the City staff to unlicensed Haulers who may be coming into Arden Hills. The City's interest in this regard is identical to the Haulers'. Any company which is picking up residential trash within the City limits without a license is unfairly competing and violating City ordinances. The Haulers, like the City, support the enforcement of the law in a way that recognizes that those who have sought licenses and complied by City ordinances should be the only Haulers entitled to do business within the City limits. . The Haulers will furnish the City with a list of telephone numbers (updated on a regular basis) to be used for complaints. Since customer service is the most important part of Haulers' business, the Haulers are eager to know of any complaints which their customers may have. As a result, they welcome contact by the City staff should one of their customers lodge a complaint with the City. They will provide City staff with a telephone contact list which they will keep on an updated basis to ensure that communication between the City, the Haulers, and their customers is as easy and prompt as possible. . By October 31, 2005, all Haulers will provide their customers with refuse containers which contain the current name and phone number of the Hauler. Again, the Haulers. like the City, feel that this is an important way by which customers and the City know who is hauling waste within the City's limits. All containers which have obsolete markings will be either removed or remarked with the appropriate information. This process obviously cannot occur overnight and the Haulers expect the conversion to be complete by this coming October . The Haulers will continue to provide a volume-pricing system for their customers. Currently all Haulers in Arden Hills, and throughout the state, provide each of their customers with volume-based pricing. There are typically three levels of service based on container size. The prices vary based upon competition and the fixed costs each Hauler has in performing its service. Arden Hills Transportation Task Force June 8, 2005 Page 3 . . Haulers will assist their customers in disposing of larger items like refrigerators, water heaters and appliances. All Haulers currently offer their customers an opportunity to dispose of these items. Some Haulers pick up and dispose of these items themselves, while others make arrangements through specialized carriers. Obviously, these additional services require additional reimbursement to the Haulers. Each Hauler will make arrangements with its own customers with respect to handling of these articles. The Haulers appreciate the work that the Transportation Task Force has performed and its willingness to work with the Haulers to reach a sensible and appropriate set of ideas which will benefit the City of Arden Hills and its residents, while at the sarne time permitting those citizens to choose their waste hauling services based upon preferences and needs in a competitive and open environment. We look forward to implernenting these innovations and continuing the excellent hauling services which the City of Arden Hills has enjoyed to date. . Douglas M. Carnival, Legal Cou sel National Solid Wastes Managernent Association Attachrnent 207001.00C . . Memorandum of Understanding Between the City of Arden Hills and Licensed Residential Solid Waste Haulers This Memorandum of Understanding is cntered into on the _ day of ,2005 between the City of Arden Hills (City) and the undersigned Licensed Residential Waste Haulers (Haulers). Haulcrs shall abide by the followiug provisions: 1. 2. . 3. 4. 5. 6. . The Haulers will structure routes so that lighter-loaded trucks travel on the streets with poorer construction. The Haulers will begin their routes in Arden Hills with as small a volume of waste in their trucks as is practicable. By October 31, 2005, the Haulers will only use tandem axle trucks throughout the city. The Haulers will assist the city by alerting the city staff to unlicensed haulers who may be coming into Arden Hills. The Haulers will furnish the city with a list oftelephone numbers (updated on a regular basis) to be used for complaints. By October 31, 2005, all Haulers will provide their customers with rcfuse containers which contain the current name and phone number of the Hauler. 7. The Haulers will continue to provide a volume-pricing system for their customers. 8. The Haulers will assist their customers in disposing oflarger itcms like refrigerators, water heaters and appliances. The City and the Haulers will meet on an annual basis, or sooner if needed, to discuss any issues that may arise regarding the aforesaid commitments to ensure that all parties are satisfied that efforts are being made to abide by the commitments and remedy any problems that may arise. City of Arden Hills Signed: Mayor Date: Attest: City Administrator Date: BFI Waste Services Signed: Date: Ace Solid Waste, Inc. Signed: Date: Walter's Recycling and Refusc Signed: Date: Waste Management ofl'vfN, Inc. Signed: Date: 2070nDOC 2 . . . . U~!J Al'E.:O t/2c/oS Memorandum of Understanding Between the City of Arden Hills and Licensed Residential Solid Waste Haulers This Memorandum of Understanding is entered into on the _ day of , 2005 between the City of Arden Hills (City) and the undersigned Licensed Residential Waste Haulers (Haulers). Haulers shall abide by the following provisions: 1. 2. . 3. 4. 5. 6. . The Haulers will structure routes so that lighter-loaded trucks travel on the streets with poorer construction. The Haulers will begin their routes in Arden Hills with as small a volume of waste in their trucks as is practicable. By October 31, 2005, the Haulers will only use tandem axle trucks throughout the city. The Haulers will assist the city by alerting the city staff to unlicensed haulers who may be coming into Arden Hills. The Haulers will furnish the city with a list of telephone numbers (updated on a regular basis) to be used for complaints. By October 31,2005, all Haulers will provide their customers with refuse containers which contain the current name and phone number of the Hauler. 7. The Haulers will continue to provide a volume-pricing system for their customers. 8. The Haulers will assist their customers in disposing of larger items like refrigerators, water heaters and appliances. 9. The Haulers will offer their customers the option to temporarily suspend service during exteaded absences from home. 10. The Haulers will begin their hauling routes in Arden Hills at times that comply with city ordinances. The City and the Haulers will meet on an annual basis, or sooner if needed, to discuss any issues that may arise regarding the aforesaid commitments to ensure that all parties are satisfied that efforts are being made to abide by the commitments and remedy any problems that may arise. . City of Arden Hills Signed: Mayor Date: Attest: City Administrator Date: BFI Waste Services Signed: Date: Ace Solid Waste, Inc. Signed: . Date: Walter's Recycling and Refuse Signed: Date: Waste Management ofMN, Inc. Signed: Date: 207013. DOC . 2 . Prepared by: PH (J~ / Dept.: Com~v. Council Mtg. Date: 8/29/2005 Final Action Needed By: 9/12/2005 ~ .~HILLS. City ot Arden Hills Request for Council Action Agenda Item ~~I PC # 03-19: Mohn Variance Extension Budgeted Amount: $0.00 Actual Amount: $0.00 Funding Source: N/A Council Action Request: Consider a 6-month extension for the shoreland setback variance that was grated for the property at 3459 Siems Court. Staff Recommendation; Approve a 6-month extension for the shoreland setback variance that was granted for the property at 3459 Siems Court. Advisory Commission Action: Commission Date Actio n Supporting Documents (which are attached to this Action Form): . ISl Memo/Letter: Staff Report to the City Council - August 29, 2005 Letter and timetable provided by the applicant. o Resolution (No. ) o Ordinance (No. ) o Engineering Recommendation: o Attorney Recommendation: o Other: Financial Implications: Administrator/Staff Comments: . Page 1 of 1 ~ /]'\~ HILLS MEMORANDUM . DATE: August 29, 2005 Agenda Item 6.C TO: Mayor and City Council FROM; Peter Hellegers, City Plarmer fl:L SUBJECT: PC #03-19, Carolyn Mohn 3459 Siems Court Variance Extension Requested Action Consider a 6 month extension to the variance that was approved on August 25, 2003 and granted a I year extension on September 13, 2004. Backl!round At their August 25, 2003 meeting the City Council approved a 9-foot (9-feet to the edge of the . stairs to the deck, 5- feet to the house and deck) structure setback variance to the Shoreland and Zoning Ordinances subject to the condition that all necessary applications for building permits shall be filed with the Building Official for approval prior to the issuance of a building permit. Typically a variance expircs one year from the date the variance was approved if the applicant does not file for a building permit within that period of time. On July 28,2004 the City received a letter from Ms. Mohn requesting a one year extension for fue variance. Ms. Mohn cited the number of surgeries and health issues that she has had over the past year which have not allowed her to finish the planning, writing of specs, and seeking bids from builders. The City Council granted the extension on September 13, 2004. Recently staff met with Ms. Mohn regarding the upcoming deadline for issuance of a building permit. She submitted a letter on August 21, 2005 explaining the reasons why they were not yet ready to submit for building permits. The letter explains that Ms. Mohn has encountered some severe respiratory problems; the resolution to which understandably became their main focus. In addition, a new architect was brought on board to resolve design issues related to the roof structure and storage issues. The revised design would actually pull the structure back two (2) feet thereby requiring less of a variance than was approved. In addition to the letter, the new architect has provided a timetable that outlines what would be accomplished over the next six months through to the anticipated start of construction on February 20, 2006. \\Metro-inet.us\.A.rdenHills\PJanning\Planning Cases\200J\03-19 Mohn Shoreland Setback Variance (APPROYED)\08-29-05 CC Report 03- 19.doc Page 1 of2 . . . . Staff Recommendation It appears that the resident is acting in good faith to try and meet the City's guidelines and that the health issues have been the primary reason they have not been ready to submit for building permits. Based on the extenuating circumstances surrounding the resident's health and the fact that the resident has a schedule to be ready for building permit within 6 months, staff recommends approval of the extension for the requested 6-month period. Attachments · Letter and a project timetable submitted by the applicant. · Currently approved site plan/survey. \\Mctro-inet.us\ArdcnHills\PJanning\Planning Cases'2003\03-19 Mohn Shorcland Setback Variance (APPROY ED)\08-29-05 CC Report 03- 19.doc Page 2 of2 Arden Hills City Council cc. Peter HeUegers . August 21,2005 Dear Council members, Our construction plans and action have been delayed by health issues. Over the last 12 months I have been dealing with a series of severe respirtory problems. Resolving the health issues has been our priority. We have found insulation for sound gathering dust and possibly mold in our refrigerator and near the electronic air cleaner. The furnace and refrigerator have been replaced and testing is in process to be sure the rest of the house is clear. I'm working with my physician to determine what health issues might enviornmentally related and evaluating other possible causes. The previous plan had unresolved issues with roof structure and storage issues to minimize stair climbing as much as possible. An elevator was explored but would be too invasive from the exterior of the house as well use valuable garage space. We have contacted architect, Rosemary McMonigal who has worked with enviornmentaI sensitivity issues as well as arthritis. Significant changes have been made in the concepts. The new footprint will pull back 2' and go less into the setback than the previous plan. The preliminary sketch is ready but it is not possible to complete the final drawings and specs before the variance time granted last year. These results will solve a many more problems. . The timetable planned is attached. - results for air testing - Sept. IO - completion of plans and specifications -as attached We request an extension for 6 months to complete this process and hope to begin construction as soon as possible. Thank you for your consideration. Sincerely, . ,I CJ<.~/v~oda11/~ CarolyrVand Carl Mohn . . . . SCHEDULE Date: August 19, 2005 To: Carolyn and Carol Mohn Subject: Schedule From: Rosemary McMonigal Here is a schedule identifying time period for each phase. ........................................................................................................................................-....---...-.....-......... rug 29-Sep 2, 2005 l' Field Measure 1 j......................................................;.................................................................................___........................i lsep 6-16 1 . Base Drawings i r.......................................,............;........................................._m........_............---....---...................,........,..j !Sep 19-30 1. Schematic Design [partially complete] ! ;...................................._................j....._.....................-.............---_...-.--..........--...........................................j IOct 3-31 i . Design Development i r....................................................r-......................--................................................................................nj iNov 1-Jan 18 ! . Working Drawings and Specification ! i-....................................................i-...................................................."....................................................j ran 19-Feb 10 i . Bidding and Permits I i-....................................................(-.........................................................,................................................j :Feb 13-17 : . Insurance, agreement with Contractor 1 .. . ~....................................................i-...............................m........................................................................, e~..~.~.'h.~.~_~.~m.h..h._.h.h.L.h=~~.r.th~~.~.~~r.~.~tl.~.:....._..h.h.h._hhhh.....hh....................h...! 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Ox ~ .. o .;: ~H) ti ~~, Z ".. ~~ 0)'" oJ) ~ Z 0;1'; ()",7jJ ~ d)ll'~" O;I~ J: .... ~7[_:g, 0:>0.. , tr~.,~ ~ ~ill~i[~ u,o~:~~ ... z "u . '-Lt(()~ n: UJ---1O'O I . " ~ ;, .v ~ ~ " c, e . . ~ ~HlLLS City of Arden Hills Request for Council Action Prepared by: SJ Depl.: Admin Council Mtg. Date: 08/29/2005 Finai Action Needed By: 08/29/2005 Agenda Item ~!~J.; Motion to Approve Ordinance #365-Revisine tbe City of Arden Hills Sbade Tree Ordinance Budgeted Amount: NA Actual Amount: NA Funding Source: NA Council Action Request: Motion to Approve Ordinance #365-Revising Chapter 700 of the Arden Hills City Code Staff Recommendation: City Council approval of Ordinance #365-Revising Chapter 700 ofthe Arden Hills City Code . Advisory Commission Commission . Planning PTRC Date Action Not Applicable Not Applicable Not applicable Supporting Documents are attached to Action [8J Memo/Letter: o Resolution [8J Ordinance (No 365) o Engineering Recommendation: o Attorney Recommendation: [8J Attachments . Proposed Shade Tree Ordinance #365 Financial Implications: Not Applicable- Administrator/Staff Comments: ~ /],\~HILLS MEMORANDUM e DATE: August 24, 2005 Agenda Item 7.A. TO: Honorable Mayor and City Council Members Michelle Wolfe, City Administrator ('::-. d h Thomas J. Moore, Operations & Maintenance Directo~ ' " ~ Schawn P. Johnson, Assistant to the City Administrator FROM: SUBJECT: Revised Shade Tree Ordinance #365-Revising Chapter 700 of the City Code In 2004, City staff received a number of concerns from residents regarding the removal of diseased trees. After reviewing the City's existing shade tree ordinance, it appeared that it was in need of some revision. The existing ordinance had not been updated in many years and with the recent outbreak of tree rclatcd illnesses throughout the State of Minnesota it was important that the City implement a revised ordinance that is more proactive in the prevention of Dutch elm and . oak wilt diseases. The intention of the proposed ordinance is to more clearly definc the tree removal process and the City's regulations regarding the role of the City Forester and proper procedures for removing shade trees that are considered diseased or unsalvageable. Based upon the City Council's recommendations at the July 18th work session meeting, City staff reviewed the shade tree ordinances for the Cities of Blaine, Elk River, and Minneapolis. Additional language has been addcd to the proposed shade tree ordinance in order to more clearly dcfine a public tree nuisance and the root grafting procedure. In addition, City staff asked a few "experts" in the field to review the ordinance and provide City staff with feedback regarding the proposed ordinance. At this time, Dr. Bob Blanchette (forest pathologist and professor from the University of Minnesota) and Jennifer Juzwick Larmour, (resident of AH who works for the USDA Forest Service), have rcviewed the proposed shade tree ordinance and have recommended a few changes to the proposed ordinance. Those changes have been underlined and bolded for your review. Recommendation City staff is requesting City Council approval of Ordinance # 365 revising the City's existing shade tree ordinance. Attachments: Proposed Shade Tree Ordinance #365 . CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA . ORDINANCE NO. 365 AN ORDINANCE RELATING TO PROTECTION OF SHADE TREES The Arden Hills City Council ordains that Chaptcr 700 is hereby amended to the Arden Hills Municipal Code, to read as follows: Section 71 0.11 Protection of Shade Trees Subd. I Declaration of Policy. The City Council has determined that the health of oak and elm trees, hereinafter sometimes collectively referrcd to as "shade trees," within the municipal limits are threatencd by fatal tree diseases commonly known as "Oak Wilt Disease" and "Dutch Elm Disease" respectively, hereinafter sometimes collectively referred to as "shade tree diseases." It has further detcrmined that the loss of shade trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good . ordcr, general welfare and convenience of the public. Accordingly, it is hereby declarcd to be the intention of the Council to control and prevent the spread of shade tree diseases and other epidemic diseases, by enacting this subsection lor that purpose. Subd. 2 Penalties. Any person violating the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine, imprisonment or both, not to exceed the maximums provided by state law for a misdemeanor. Each day following the date on which the person was to have removed any diseased shade tree or wood as specified in written notice given pursuant to the provisions of this subsection, the person has allowed the trcc to remain on his or her property, or has allowed the parts or brush there from to remain on his or her property, shall constitute a scparate violation. . 1 Subd. 3 Forester. The position of city forester is hereby continued and the powers and duties of the officer are hereby conferred upon thc pcrson as designated from time to time by the mayor with the concurrence of the Council. It shall be thc duty of the forester to coordinate, under the . direction and control of the Council, all activities of thc City relating to the control and prevention of shade tree diseases. He or she shall recommend to the Council the details of a program for the control and prevention of thc diseases and perform the duties incidcnt to such a program as adopted by the Council. Inspections may be performed by a designated tree inspector(s). Subd. 4 Interference Prohibited. It shall be unlawful for any person to prevent, delay or interfere with the forester or his or her tree inspector(s) or designee while they are engaged in the performance of duties imposed by this subsection. Subd. 5. Epidemic Disease Program. It is the intention ofthe City Council to conduct a program . 0(. pest control pursuant to the authority granted by Minnesota statues section 18G.16, as amended, directed at the control and elimination of Dutch elm disease, oak wilt disease, and elimination of other tree diseases and is undertaken at the recommendation of the Minnesota Commissioner of Agriculture. Subd.6 Nuisances Declared. A, The following are hereby declared to be public nuisances whenever and wherever they may be found within the City: 1. Any elm tree or part thereof infected to any degrce with the Dutch elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of thc elm bark beetles Scolytus Multistriatus . (Marsham) or Hylurgopinus Rufipes (Eichhoff); 2 . . . 2. Any dead elm tree or part thereof, including stems, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide; and 3. Any northern red oak (Quercus rubra, Quercus ellipsoidalis, and Q. palustris), or part thereof, infected to any degree with the oakwilt disease, Ceratocystis fagacearum. 4. Any living or standing white oak (Quercus alba), bur oak (Quercus macrocarpa), and swamp white oak (Quercus bicolor), that poses a threat of transmission of the oak wilt disease to other trees. Red oak species deemed by the City forester or designatcd tree inspector to bc a potentially diseased spore producing tree (PSPT) must be removed before March 15th of the year following complete tree wilt. Any removcd red oak tree should bc disposed of at an approved wood utilization site or properly treated, i.e. main stems cut into firewood lengtb sections, split if appropriate, stacked and covered in clear plastic with the edges sealed at the ground line to prevent vector entry or escape. 6. Other shade trecs with epidemic diseases or epidemic insect 5. infestations. 7. Any tree considered in the opinion of the City Forester to pose eminent danger to life or property or to adjoining propertics. Trees of such condition will be determined hazardous as defined in Chapter 600.03 Subd. 9 ofthe City Code. 3 Subd. 7 Nuisances Prohibited. It is unlawful for any person to permit the spread of a public nuisance as defined in this chapter across his or her property lines in any specified control areas as established by the city. Such nuisances shall be abated in a manner prescribed in this chapter. . Subd. 8 Inspection by Certified Tree Inspector. A. The forester shall engage one or more persons, each of whom shall have been issued a ccrtificate from the Minnesota Department of Agriculture pursuant to M.S. 9 18G.126 Subdivision 10, as amended from time to time, certifying that he or she is a qualified or certified tree inspector, for the purposes of inspecting any public or privatc properties, upon prior notification, to detect shade trees harboring shade tree diseases, which inspector(s) shall act as the duly authorized agent(s) of the forester. Nothing herein shall preclude the forester from being certified by the State Department of Agriculture as a qualified tree inspector and acting as such . on behalf of the City. B. The tree inspector(s) shall inspect all premises and places, both public and private, within the City as often as is practicable to detect and mark the location of all shade trees infected with shadc tree diseases and report the results of the inspections to the forester immediately after each inspection has been conducted. The forester, or the tree inspector(s), may send appropriate specimens or samples to the State Department of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Department. In addition to the foregoing inspections, it shall be the duty of the tree inspector(s) to invcstigate all . 4 . reported incidents of infestation by Dutch elm fungus or elm bark beetles or any other manifestations of shade tree diseases. C. A property owncr or contractor who becomes aware of any tree infestation within the City sball notify the City Forester within seven (7) days. D. The City forester and tree inspector(s) shall bave tbe right to enter upon all private premises within the City at any reasonable time for the purpose of carrying out the duties assigned to them under this subsection, including inspection, treatment, cutting, burning or removing of diseased shadc trees. . Subd. 9 Notices to Property Owners. A. After cacb inspection and investigation, whenever the forester or tbe tree inspector(s) has found with a reasonable certainty that a shade tree or any wood that harbors shadc tree disease to such an extent that thc same constitutes a threat of infestation of shade trees in proximity thercto, the tree inspector( s) shall mark the diseased shade trees or wood or both as the case may be in a visible manner and notify each owner of real estate within the City whereon the diseased shade trees or wood, or both as the case may be, are located, which notice shall contain the inspection inforn1ation with respect to discased shade trees upon the property and shall further advise that, in accordance with tbe provisions of this subsection, the owner is required to remove the trees or wood, or both as the case may be, within (10) days for elm trees and (30) days for oak trees and other trees species from thc date of the letter being sent to the property owner, The notices shall be sent by certified mail with return receipt requested to the last known address of the owner. In the event that the . 5 certified mail is not delivered, mailing by ordinary mail to the address shall be deemed sufficient notice. B. The notices to be sent under thc provisions of this subdivision shall be sent . to the occupant of premises upon which the diseased shade trees or wood, or both as the case may be, are locatcd, if those premises are occupied, and also to the owner of the premises, if the owner has an address different from the subject premises and the address is disclosed by the records of the county department of property taxation. Reasonable inquiry by the forester or the tree inspector(s) shall be sufficient to meet this requirement, and telephone inquiry of the office of the county department of property taxation shall be deemed reasonable inquiry for the purpose of ascertaining the addresses. If the subj ect premises are unoccupicd, then mailing to the address of the owner as shown by the records of the county department of property taxation shall be deemed sufficient. . C. The notice shall inform the property owner of his or her right to request the City's tree removal contractor or to remove the tree(s) on his/her own accord. The notice shall provide the estimated cost of this service, which shall be billed back to the owner. D. No person shall allow, permit the spread of, or fail to abate a public nuisance as defined in this code. Such nuisances shall be abated in the manner prescribed in this code. Subd. 10 Removal of Diseased Shade Trees. A. An owner of real estate in the City who is notified of the existence on his or her property of shade trees or wood thcrcfrom, or both as the case may be, harboring shade trec disease shall within the time specified in the . written notice cut down or have cut down each of the diseased trees, 6 remove or have removed all parts, branches and brush there from, and transport or have transported all the parts, branches and brush from the . diseased trees and any diseased wood from the premises to an authorized disposal or chipping site. With respect to the transportation of wood from diseased elms, it shall be unlawful for any person to transport within the City any bark-bearing elm wood. B. The City Forester shall enforce the treatment of nuisance by requiring the performance of one or more of the following disease control methods listed in subsection C in order to destroy and prevent the spread of epidemic diseased of shade trees, including, but not limitcd to, Dutch elm disease or oak wilt disease. Such abatcment may be designated by the Minncsota Commissioner of Agriculture or the University of Minnesota. C. The following abatement procedures arc recommended by thc City of . Arden Hills: 1. Root graft barrier installation at least 60 inches in the soil to isolate the diseased trees; 2. Removal of trees; 3. Stump grinding; 4. Burning, chipping, debarking or properly covering and sealing the potentially hazardous wood and/or stumps. D. To prevent root graft transmission of tree related diseases, a barrier must be created between diseased and healthy trees, either by cutting the root system with a 54-inch blade or longer by using a vibratory cable plow, or . by digging a trench to a minimum depth of 60 inches in the soil surrounding the diseased trees. Such abatement procedures will be carried 7 out in accordance with current technical and expert opinions and plans as designated by thc State Commissioner of Agriculturc. E. In addition the owner may poison or have poisoned the stumps of trees . discased with oak wilt and shall debark or havc debarked to the ground line the stumps of trees diseased with Dutch elm disease in such manner as may bc approved by the forester. Subd. 11 Abatement by City. In the event the owner fails or refuses to abate the nuisances as so required, then the forester shall upon orders from the Council, abate thc nuisance by cutting down diseased shade trees and removing all parts, branches and brush thereof, together with any diseascd wood of any discascd shadc trees located on the premises, from the premises to an authorized disposal or chipping site. The cost of the City's abating the nuisance shall be billed to the owner or occupant of thc prcmises upon which the nuisances existed. Subd. 12 Assessment for Nuisance Abatement. If the owner or occupant fails to pay the bill, as provided for in Subd. 9, within thirty (30) days of the date thereof, the Council may then assess . the amount due, plus interest, against the property as a special assessment under M.S. Ch. 429.10, as amended from time to time, installments of which assessment shall in no event be payable over a period exceeding five (5) years from the date the same have been levied. On or before October I of each year, the city administrator shall list the total unpaid charges for each such abatement against each separate lot or parcel to whieh the same is attributable. Thereafter, the charges may then be spread by the Council as a special assessment against the property benefited by the abatcment, and the assessment certified to the county as provided by law. Subd. 13 Request for Laboratory Tcsting. Any owner ofreal estate in the City who receives a notice as provided in Subd. 7 to the effect that shade trees or wood, or both as the case may be, on his or her property harbor shade tree disease and must be removed within the time specified in . the notice, may request the forester to obtain a laboratory test of one or more of the trees. The 8 request must be made no later than the date on which the trees or diseased wood are to be removed from the premises, as specified in the written noticc from the City to the owner as e provided herein, by written notice from the owncr to the forester sent by certified mail with rcturn receipt requested. Upon receipt of the request, the forester shall promptly engage the services of the State Department of Agriculture or a qualified laboratory to make analyses of appropriate specimens or samples of the allegedly diseased shade trees, If the analyses confirm the original diagnosis that the shade trees are infected or the wood thereof diseased, or both whichever thc case may be, the requesting owner shall pay all expenses and charges incurred for the analyses by the City. If the test discloscs that the trees or wood are not so diseased, the City shall bear all the costs and the forester shall remove the trees or wood from the list of diseased trees. If the test confirms the original diagnosis that the trees or wood or both as the case may be, are diseased, notice thereof shall be sent the owner by the forester, and thc owner shall remove the discascd trees or wood or both as the case may be, within one week aftcr receipt of the . notice. Subd, 14 Spraying or Treatment of Shade Trees. A. Whenever the forester determines that any shade tree or shade tree wood within the City is infected with shade tree disease, he or she may spray or treat all nearby high value shade trees by such chemical or mechanical means as will be effective to prevent as fully as possiblc the spread of shadc tree disease thereto. The forester may also cause the diseased shadc trees or wood to be sprayed or treated by chemical or mechanical means so as likewise to control the possible spread of shade tree disease to neighboring, high value shade trees. Such procedure shall be carried out in e accordance with current technical and expert opinions and plans of 9 the State Department of Agriculture and under the supervision of thc Dcpartment whencvcr possible. As determined necessary by the City Forester, the City may utilize chemical means oftreatment. If chemical treat:rnents are deemed necessary, the cost for this service shall be borne by the City: The costs of the mechanical means oftreat:rnent shall be borne by thc owner or occupant of the premises, the shade trees upon which have been mechanically treated by the City. The owner or occupant of the premises shall be billed the costs of the mechanical treatment, and in the event of nonpayment of the bill within thirty (30) days of the dale thereof; the Council may then assess the amount due, plus interest, in the manner provided in Subd. 10. C. The forester shall notify, in the manncr provided in Subd. 9, each B. owner or occupant of real estate within the City of the date aftcr which shade trccs on his or her property shall be chcmically or mechanically trcatcd, which date shall not be less than five (5) days from the date of mailing the notice. Subd 15. Transportation ofEpidcmic Diseased Wood. It is unlawful for any person to transport within the City any diseased wood that is determined to be hazardous, as described in Subd. 6. Subd 16. Public Trcc Care. The City has the right to plant, prune, maintain, remove or perform any other arboricultural practices as necessary on all public property including the street right-of-way to ensure public safcty and to preserve or cnhance the symmetry and beauty of such public grounds. Subd 17. Abuse or Mutilation of Public Trees. Unless specifically authorized by the 10 . . e e City Forester, no person shall intentionally damage, cut, carve, transplant, removc any tree, attach any rope, wire, nails, advertising poster, or other contrivance to any tree, allow any gaseous liquid or solid substance which is harmful to come in contact with any tree, or set fire or permit any fire to bum when the heat could injure any portion of any tree, or top a tree by scverely cutting back the tree canopy to a stub. Subd 18. Violation of Penalty. Any person, firm or cooperation who violates any section of this chapter shall be guilty of a misdemeanor and, upon conviction, thereof, shall be subject to a misdemeanor penalty as then by defined by Minnesota law. Additionally, the City may exercise any civil remedy available under Minnesota law for the enforce of this code including civil action, mandamus, injunctive relief, declaratory action, or the levying of assessments. . . 11 Adoption Date. Passed by the City COlillcil of the City of Arden Hills on the 29th day of August, 2005. Effective Date. This ordinance shall become effective the day following its publication in the City's official newspaper. Publication Datc. Published on the of ,2005. Beverly Aplikowski, Mayor - Michelle A. Wolfe, City Administrator 12 . . . . . e ~ /]'\~ HILLS MEMORANDUM DATE: Work Session Agenda Item 1. August 24, 2005 TO: Mayor and Council ""- Michelle Wolfe; City Administrator \ ~ \ Thomas J. Moore; Director of Operations & Maintenance"" ~ ~,Y Tobacco-Free Parks & Trails Policy ~ FROM: SUBJECT: Backf!round At the March 22, 2005 Parks, Trails & Recreation Committee (PTRC) meeting, discussion took place regarding the possibility of establishing a Tobacco-Free Parks and Trails policy for the City's parks and Trail system. Committee member David McClung indicated that he would take the lead on this project and would gather any and all relevant information and report back to the PTRC at the April 26, 2005 meeting. At the April 26, 2005 PTRC meeting, Ms. Katie Engman from the Ramsey County Tobacco Coalition made a presentation. In addition, three Mounds View High School Students, Suzanne Florey, Christina Florey and Nicole Holm also made a presentation. The three students are members of Peers Acting to Challenge Tobacco (PACT). At the May 24, 2005 PTRC meeting, the PTRC discussed the possibility of cstablishing a Tobacco - Free Parks & Trails Policy. The PTRC passed a motion (5-0) stating that the PTRC recommends to the City Council that they give consideration to adopting a Tobacco-Free Parks and Trails Policy for the City of Arden Hills Parks and Trails System. A DRAFT COPY of the proposed Tobacco-Free Parks and Trails Policy is attached for your review and consideration. At the June 20, Council Worksession, Council heard a presentation from the PACT students. Council directed Staff to bring a draft policy back to the Council at a later date. Implementation This proposed policy only applies to City owned Parks and Trails. This proposed policy would not apply to Ramsey County Tony Schmidt Park or any other future Ramsey Park or Trails located within Arden Hills, unless Ramsey County adopted a similar policy. Staff is recommending that one 'Tobacco Free' sign be placed at the entrance of each City Park. Signage could be installed on existing poles, fences or buildings within a particular park. Thus l\Metro-inet.uslardenhills\PR&PWIParks\MemosINo Smoking in Parks Policy II rewrite.doc Memo City Council Tobacco-Free Parks & Trails Policy 2 . minimizing 'sign pollution' and saving time and money on locates and the installation of sign posts. Any additional park signage requests would be submitted by Staff to the PTRC for review and then forwarded to the City Council for approval. Trail signage would be limited to a trail head or the intersection of two trails. Signage could be installed on cxisting sign posts. Any additional trail signage requests would be submitted by Staff to the PTRC for review and then forwarded to the City Council for approval. Staff is estimating that 22 signs would be required for City parks and 25 for trails, for a combined total of 47 signs. The Budf!.et Currently there are no designated funding sources for this project in the 2005 CIP Budget or in the General Fund. The' Tobacco Free' signage will be supplied, free of charge, by the Ramsey Tobacco Coalition and the members of PACT will provide the labor to install the signs. City Staff will provide the labor for 'locates' of utilities by submitting a work order to Gopher-One and then physically going out to the location site to mark the City's utilities. Estimated Staff costs are based on approximately three hours of work at a cost not to exceed $60.50. In addition, the City will supply the posts for the signage. These sign posts are leftover posts from the City of Arden Hills equipment inventory. Some of these posts are too short for regulatory strcct signage because they were damaged by a snow plow, a car or vandalism. While the City made an initial investment to purchase the posts for a specific purpose, the current condition of the posts no longer allows the posts to be used for the its' originally intended purpose. In addition, 0 & M Staff will seek assistance from Ramsey County Public Works in securing their extra non regulation posts. Ramsey County Public Works indicated that they would supply their 'extra' posts at no cost to the City. e Requested Council Action Review the submitted draft policy, provide feedback and direct Staff to bring the policy to the September 12, 2005 Council meeting for approval. . e . . DRAFT 4/15/05 City of Arden Hills, Minnesota Parks and Recreation Tobacco-Free Parks and Trails Policy Policy Statement: The City of Arden Hills is committed to the quality of life for all residents of the city; therefore, we believe that: 1. Tobacco product use in the proximity of children, youth and adults engaging in or watching recreational activities is unhealthy and detrimental to the health of others. 2. Tobacco products once consumed in public spaces are often discarded on the ground, posing a risk of ingestion to young children and animals and cause a litter problem requiring additional maintenance expense. 3. As parents, coaches, and leaders we are role models, and the use of tobacco products around youth has a negative effect on their lifestyle choices. 4. The prohibition of tobacco usc at the City's recreational facilities serves to protect the health, safety and welfare of the citizens of Arden Hills. Tobacco-Free Park Policv: The Arden Hills City Council finds that the use oftobacco products in city recreational facilities, which include all city parks and trails, is detrimental to the health, safety and welfare of the citizens of Arden Hills. No person shall use tobacco products on city-owned Bflrkland, park facilities. open soace, or trails, except within the confines of a vehicle in a d~ignat"ri pa,king area or an adjacent public street. This policy will become effective immediately upon thc date of adoption by thc City Council. Compliance Procedures: Emphasis on enforcing the Tobacco-I'ree Park Policy will be through voluntary compliance, and will include: 1. Appropriate city-owned parkland, park facilities, open space, and trails will be signed. 2. City staff will meet with activity organizations, group leaders and coaches to discuss the policy and to distribute flyers with the Tobacco-Free Park Policy, as well as notify residence through the local media and the City newsletter. 3. City staff will make periodic observations of activity sites to monitor compliance. 4. Athletic associations and groups that utilize City-owned facilities must commit to enforcing this policy during all scheduled activities.