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264348 WH17E - CITV CLERK .^�� PINK - F*INAN E TT COU11C11 �� CANARY - pEPA:�TMENT GITY � OF SAINT PAl1 l BLUE f�StqYOR• � A� .. Fll@ NO. , � . , 0 R A N S?� - - - �d� �� .. �r ��• � • � • Presented By Referred To Out of Committee By Date AN ORDINANCE AMENDING CHAPTER 319 OF THE SAINT PAUL LEGISLATIVE CODE PERTAINING TO SOLID WASTE AND CITY COLLECTION OF SOLID WASTE FROM RESIDENTIAL PROPERTY. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: .� Section 1. That Cha.pter 319 of the Saint Paul Legislative Code be and is hereby amended by r�scinding Section 319. 12 in its entirety, and � insefting the follo�aing in lieu thereof: Section 319 .12. Cit De partment Shall Collect Solid Waste. The Department�l�.'61ic Glor cT s s�ll collect aI� so i waste, including bulk items such as refrigerators, furniture, etc. , from residential property on which are located buildin.gs containi.ng four or fewer dwelling units. For purp�scs • of -this ord��.r. �ach rQOm in a roomi.ng or �i$rdiug house which is let separately shall be considered one-fourth of a dwelling unit. Owners of residential buildings containing more tha.n four �welling units may make application to the Department of Public Works and receive City solid waste collection servi�ce. Collection sha.11 be provided through crews employed by the Departrnent of Public Works and private haulers under contract with the City. The City sha.11 not collect commercial or in- dustrial trash or waste of any kind, type or na.ture. For the pv.rpose of carrying out this authority, the Ma.yor sha.11 promulgate rules and regulations governing the collection and removal of solid waste, which rules and COUIVCILMEIV Requested by Department of: Yeas Nays Christensen Hozza In Favor Levine Rcedler Against By Sylvester Tedesco President Hunt . Form Approved by City ttorney ,� • Adopted by Couricil: Date � � ; � Certified Passed by Council Secretary BY � � _V ` � , By Approved by Mayor: Date Approved by Mayor for Submission to Council By By Amended 10/15/74 • •,�' ' ' • r �fi4348 , R • , r 2 . regulations and amendments thereto sha.11 be ma.intained on file in the Office of the City Clerk and sha.11 be avail- able for public inspection during normal business hours . Section 2 . Tha.t Cha.pter 319 of the Saint Paul Legislative Code be and is hereby amended by rescinding Section 319 . 13 in its entirety, and inserting the following in lieu thereof: Section 319 .13. �Ma Contract. The Department of Public Works sha.11 divi�e the City into collection areas and sha.11 apportion the areas to City-operated forces and to private ha.ulers under contract with the City. The Department of Public Works will apportion the collection areas between City;-operated forces and private haulers in such a way as to preserve and protect the jobs and work performed by City-operated forces as of the effec- tive date of this ordinance. In accordance with applicable law, the department is authorized to contract for solid waste collection services with private ha.ulers. The department sha.11 negotiate a contract or contracts directly with private ha.ulers if and when the City Council by resolution sha.11 find and determine that the public interest will be best served thereby. Contracts sha.11 be for a period of time not to exceed three years and sha.11 include among other provisions the following: (a) cost of collection of solid waste; (b) performa.nce bond; (c) public liability insurance with coverage of at least $250,000/$500,000 for persona.l injury and $250,000 property dama.ge; and (d) agreement to hold ha.rmless, protect and defend the City of Saint Paul, its officers, agents and employees from any and all claims arising out of their collecting or disposing of solid waste under contract with the City of Saint Paul. Section 3 . That Cha.pter 319 of the Saint Paul Legislative Code be and is hereby amended by rescinding Section 319. 14 in its entirety, and inserting the following in lieu thereof: Section 319 .14. Annua.l Re ort to Council. The Mayor shall submit to t e ity ounci annua. y with his proposed budgets a report, including a fina.ncial statement, of the current year' s City-operated solid waste collection program, together with his recommen- dations as to any cha�,ges which should be ma.de to the solid waste collection program. Amended 10/15/74 • � . � ' ' , , , � � �� : 3. Section 4. Tha.t Cha.pter 319 of the Saint Paul Legislative Code be and is hereby amended by rescinding Section 319. 15 in its entirety, and inserting the following in lieu thereof: Section 319 . 15 . Service Char es Assessed A ainst All Residential Pro erties. T ere is ere y impose an evied upon a residential property on which are located buildings containing four or fewer dwelling units and other residential buildings requesting City collection service in accordance with Section 319. 12 a service charge for the costs incurred by the City in collecting and disposing of solid waste as required pursua.nt to this Legislative Code . The service cha.rges shall not exceed the City' s cost of collecting, removing and disposing of solid waste, including administrative and debt-interest costs . Annua.l service cha.rges sha.11 be determined and levied in the following manner: (a) The Fublic Works Department shall keep a record of all costs directly related to solid waste collection and disposal and shall report such information to the Depa.rtment of Fina.nce and Management Services . (b) On or before September 1 of each year the Depa.rtment of Finance and Ma.na.gement Services shall, with the aid of the Department of Public Works, determine the total costs incurred for the collection and disposal of solid waste from residential properties for the period ending August 31. (c) The Depa.rtment of Fina.nce and Management Services sha.11 report all such costs to the Council. Upon receipt of the report, the Council sha.11, by resolution, fix a date for public hearing at which time the Council sha.11 consider the assessment of service cha.rges, which hearing sha.11 be held prior to October 10. The City Clerk sha.11 publish notice of hearing in the official City paper not less tha.n 20 days before such hearing. At least 10 days prior to the hearing, notice thereof sha.11 be mailed to 10/3/74 . , , . •. � , , - � ' �� 4. every known owner of property subject to an assessment at his last-known address . For the purposes of giving mailed notice, owners entitled thereto sha.11 be those shown to be such on the records of the Department of Finance and Mana.gement Services, but other appropriate records may be used for this purpose. Notices shall state the date, time, place and purpose of the public hearing and the amount of service cha.rge to be assessed against the benefited property. (d) At the Council hearing or at any adjourn- ment thereof and after hearing all persons relative to the proposed service cha.rges, the Council may by resolution adopt the service charges and levy the same against the residential property benefited thereby. All service charges so assessed sha.11 be pa.yable in a single installment. The City Clerk shall transmit a certified dupli.cate of the_ res.nlu- .tion to the Ramsey County Auditor to be extended on the proper tax list of the County and collected the following year along with current taxes . (e) Any person aggrieved by the actions taken by the City Council may appeal to the District Court within 20 days after adoption of the assessment roll in the manner set forth in Chapter 14 of the City Charter. , (f) The service charges levied in accordance with this ordina.nce shall be a lien upon all private and public property from the date of certification to the County Auditor and in accordance with :�.aw shall be of equa.l rank with the lien of the State for general taxes which ha.ve been or may be levied upon the property. (g) The Council ma.y by subsequent resolution or resolutions provide refunds to occupants of resi- dential property receiving City solid waste collec- tion services who are blind, disabled or elderly persons eligible for income tax credits a�ccording to State law. 9/4/74 � �•, , . , • ' �� S . Section 5. Tha.t Cha.pter 319 of the Saint Paul Legislative Code be and l is hereby amended by rescinding Section 319.16 in its entirety, and inserting the following in lieu thereof: Section 319.16. Solid Waste-S ecial Assessment Revolving Fund. There is ere y esta is e a special assessment revolving fund to be known as the "Solid Waste-Special Assessment Revolving Fund", which fund shall be a continuing fund to which shall be credited all receipts and to which sha.11 be cha.rged all costs incurred incident to such activities . This fund shall be kept as a sepa.rate and distinct fund from any and all other City funds and shall be used for the purposes set forth herein and for no other purposes . All rema.in- ing unencumbered balances in the previous "Solid Waste Collection Fund (Rubbish Disposal Fund)" shall be credited to the fund herein established. � Section 6. Tha.t Cha.pter 319 of the Saint Paul Legislative Code be and ' is hereby amended by rescinding Section 319.17 in its entirety. Section 7 . SEVERABILITY If any section or any portion of a section of this ordinance sha.11 be declared unconstitutional, invalid or inoperative, in whole or in pa.rt, by any court of competent jurisdiction, the remaining sections and all portions thereof not declared uncon- stitutional, invalid or inoperative sha.11 rema.in in full force and effect, and no such determina.tion sha.11 invalidate the re- maining sections or portions of sections of this ordina.nce. 9/4/74 WHITE — CITY CLERK , � PINK — F7NAy-CE GITY OF SAINT PALTL Councii CANARY.� D�£'PARTMENT - � File NO. �� BLUE � MAYOR r c � ' .. • Ordin�nce Ordinance N 0. Presented By Referred To Committee: Date Out of Committee By Date 6. Section 8 . This ordina.nce sha.11 take effect and be in force when the City Council, by budget appropriation in accordance with appli- cable law, sha.11 provide the necessary funds for the implementation of this ordina.nce and City-wide trash service, and upon the City' s consurrnnating negotiations and entering into a contract with private ha.ulers in accordance with Section 2 of this ordinance. Sections 319 .12 through 319 .17, inclusive, of the Legislative Code sha.11 continue in effect and sha.11 not be repealed until such time as this ordinance shall go into effect as provided above. COUNCILMEN Requested by Department of: Yeas Nays Christensen Hozza �_ In Favor Levine Rcedler � Against BY Sylvester Tedesco President Hunt Adopted by Council: Date �CT 2 2 i974 Fotm Approved by City Attorney Certifi assed Co cil Secretary BY i By • — ' Approve y Mayor: ate T Approved by Mayor for Submission to Council By By PUBLtSHED OCT 2 6 �97� WN17E - CiTV �LERK • . , � � PINK - F4NANCE GITY OF SAINT PAITL Cour►cil 264�48 CAN`ARY - DEPARTMENT BLUE -MAYOR File ^ �. ' . + Zn n d ance N 0 Presented By Referred To v� • Out of Committee By Date AN ORDINANCE AMENDING CHAPTER 319 OF THE � SAINT PAUL LEGISLATIVE CODE PERTAINING TO SOLID WASTE AND CITY COLLECTION OF SOLID WASTE FROM RESIDENTIAL PROPERTY. T COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. Tha.t Cha.pter 31 of the Saint Paul Legislative Code be and is hereby amended by resci ding Section 319. 12 in its entirety, and inserting the following lieu thereof: Section 319.12 . t De rtment Sha.11 Collect Solid Waste. The Depart nt o ic or s s col- e�a1T solid waste, incl ing bulk items such as refrigerators, furniture, e . , from residential property on which are located building containing four or fewer dwelling units . For purposes this ordina.nce, each room in a romming or boarding ho e which is let separately sha.11 be considered one-fourth of dwelling unit. Owners of residential buildings containing ore tha.n four dwelling units may ma.ke application to the De tment of Public Works and receive City solid waste coll tion service. Collection sha.11 be provided through cre employed by the Department of Public Works and/or private ulers under contract with the City. The City sha.11 not llect commer- cial or industrial trash or waste of any kind, ype or nature. For the purpose of carrying out this a ority, the Mayor sha.11 promulgate rules and regulations verning the collection and removal of solid waste, which es and COUNCILMEIV Requested by Department of: Yeas Nays Christensen Hozza In Favor Levine Roedler Against BY Sylvester Tedesco President Hunt Form Approved by C' y orney Adopted by Council: Date `�fied Passed by Council Secretary BY � `4ayor: Date Approved by M or f r bmission to Council By 9/4/74 � • , � , ` ! \ .�• � �i�� L • reg ations and amendments thereto sha.11 be maintained on file 'n the Office of the City Clerk and sha.11 be avail- able public inspection during normal business hours. Section 2 . That Chapte 319 of the Saint Paul Legislative Code be and is hereby amended rescinding Section 319 . 13 in its entirety, and inserting the lowing in lieu thereof: Section 319 . 3 . Ma Contract. The Department of Public Works shal divi e t e City into collection areas and shall apportio the areas to City-operated forces and/ or to private haule under contract with the City. In accordance with appl able law, the department is author- ized to contract for lid waste collection services with private haulers . The partment shall negotiate a con- trac� or contracts dire ly with private haulers if and when the City Council by esolution shall find and deter- mine that the public inte st will be best served thereby. Contracts sha.11 be for a p iod of time not to exceed three years and shall inclu among other provisions the following: (a) cost of coll tion of solid waste; (b) performance bond; (c) public 'ability insurance with coverage of at least $250,000/ 00,000 for persona.l in�ury and $250,000 property damage; a (d) agreement to hold ha.rmless, protect and defend the ity of Saint Paul, its officers, agents and employees fro any and all claims arising out of their collecting or isposing of solid waste under contract with the City o Saint Paul. Section 3. That Chapter 319 of the Saint Paul Legis tive Code be and is hereby amended by rescinding Section 319 . 14 'n its entirety, and inserting the following in lieu thereof: Section 319. 14. Annua.l Re ort to Counc The Mayor shall submit to t e ity Counci annua. � with his proposed budgets a report, including a fi cial statement, of the current year' s City-operated lid waste collection program, together with his reco en- dations as to any cha.nges which should be ma.de to the solid waste collection program. 10/3/74 e � � I .-. � � � � � � � . �64348 . ' ' ESTIMATED COST OF REFUSE COLLECTION . BY • CITY CREWS AND PRIVATE HAULERS AND ESTIMATED DISPOSAL CflST AND ASSESSMENT COSTS : All Estimates based on 73,500 Units and Crews collecting 300 Units per day. Citv Cost 13 Crews - Supervision and Operations $ 669,095 � Bulk Pick-up Crew Costs 136,248 Overall Supervision -� 72,g65 Assessment Cost 18,000 � _ - `Tota 1 C i ty Cost $ . 896,208 � Private Haulers' Cost - 1,785,840 • Disposal Cost 825,000 � . TOTAL COST . : $_�,507,048 �. Cost per Year/Unit $47.46 - " . Cost Per Stop � : Collection Cost: $ 669,095 � : -• T,785,840 _ � $2,�+54,935 ' (51 weeks x 73,500 units) _ $ .66 � Disposat Cost: . 825,000 = (51 weeks x 73;500 units) _ .22 � City Supervision � Assessment Cost • � ' . $ 72,865 18,000 9��5 : (51 weeks x 73,500 units) _ .02 � .90 . . Butk Pickup • $13b,248 = (51 weeks x 73,500 units) _ ,pt� $ .94 , _Interest for Special Assessment Fund . � 14,� � . $1.08 �:-� � This cost is based.on a 7°� interest for bonds to f,irtance working capital in a' special assessment fund. This may reduce depending on the method used to finance the service. ** A reduction in cost �is being considered for the.blind, disabled and eiderly. � . ' t0/3/74 t 7 x r5r 5 w r y;:t t,..... ,��, s aa 5 r *+�c d �+.: .. �� 1��'� �. � i� �t„� s '� !� : � ��' S�a�+ i r,a � �`t}ix a r �cj� ; - f�{�,� �h� �. �t� w .:� �`r�, '.,n 4 e'a � •��'6 y �� r � +.��' }S��a' {� � 9i� �� -�ii� � �� f � t�43� �r . 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"1. �) 9 �}S. 0. f kfi� .. ,._ ., .�..k.,��SS�.x � t �� . �.� k. �_. � � � , . ,� s. , � �.° .�r«� .�d:aN ..''�� a� .•�,r. �,w�..#.��,.+�,t5w� ` .. . . + ��".A ��V@!� � • ' CITY OF �AINT PAUL ��" '`�`��{�� OFFICE OF THE CITY COIINCIL � �j$� s �\N�O w� �- �� October 7 , 1974 To : Persons interested in the proposed mandatory tras}� collection ordinance for the city of St . Paul From: David Hozza, St. Pau1. Cit� Councilman and chairman of the Puolic �Uorks committee Over the past three montlls the St . PauJ. City Council ' s Public �Vorks committee has developed an ordinance to set up a mandatory tra�h collection system for the city of St . Paul . 'ror your information, a copy of the ordinance , etihich was ircr.roduced Friday (Oct . 4) , is attached, along with a summa.ry of t}�e ordinance and cost estimates . � . The City Council will hold a public hearing on the ordinance 'I'uesday evening, Oct . 15 , 1974 at 8 p.m. in the City Council chambers . If you wish to make any comments on. the proposed ord:inaace you are invited to do so at that time . If you }:ave any questions or �vould li � additional inTorr�.ation regarding the ordinance , p ase ca 1 me at 298 -4646 . rely yours , Dav d �i. fiozza CITY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 �O ��i �e - cilY CLt1iK � INK - FINANCE G�YTY OF SAINT PAUL Council ANAqV - OEPARTMENT ' F1Ie � LUE - MAVOiR , , ' ' � � clin�n d ance N 0. 'resented By u'��%� Referred To Qo�rtfiitt��s� Out of Committee By Date AN ORDINANCE AMENDING CHAPTER 319 OF THE ' � SAINT PAUL LEGISLATIVE CODE PERTAINING TO ', SOLID WASTE AND CITY COLLECTION OF SOLID � WASTE FROM RESIDENTIAL PROPERTY. I THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That Chapter 319 of the Saint Paul Legislative Code be and is he-reby amended by rescinding Section 319 . 12 in its entirety, and inserting the following in lieu thereof: Section 319 . 12 . Cit De artment Shall Collect Solid Waste . The Department o Pu lic Wor s s all col- Tect a�T solid waste, including bulk items such as , ref-rigerators, fu-rnitu-re, etc . , f-rom -residential property on iv��ich are located buildings containing four or fewer d�ae1_1_ing units . For purposes of this o-rdinance, each , room in a ro�raming or boarding house which is let separately �' shall be considered one-fourth of a d�velling unit . Owners of residential buildings containing more than four dwelling units ma.y make application to the Department of Public Works and receive City solid �aaste collection service . Colleci�ion shall be provided through ��-rews employed by the Depari-:ment of Ptiblic ��o-rks and/or private haule-rs under cont-r_act wii�h the City. The City shall not collect commer- cial or indusi�-rial trash or ��aste of any kind, type or nature . For the purpose of ca-rrying out this auLho-rity, ' the Mayor shall p-romulgate rules and regulations governing the collection and removal of solid �vaste, which -rules and COUNCIL'4iEN Aas Nays Requested by Department of: Christensen Hozza [n Favor Levine Roedler Against BY Sylvester Tedesco President Hunt Form Approved by Ci y � orney dopted by Council: Date ertified Passed by Council Secretary BY - ' By � .. pproved by 11'Iayor: Date Approved by Mayor f r bmission to Council By BY 9/4/74 . .. �' . . . . • . . i 2 . ;� �I � regulations and amendments thereto shall be maintained on � file in the Office of the City Clerk and shall be avail- able for public inspection during norma.l business hours . Section 2 . That Chapter 319 of the Saint Paul Legislative Code be and is hereby amended by rescinding Section 319 . 13 in its entirety, and inserting the following in lieu thereof : Section 319. 13 . Ma Contract . The Department of Public Works shall divi e t e City into collection areas and shall apportion the areas to City-operated forces and/ or to private haulers under contract with the City. In accordance with applicable law, the department is author- ized to cont-ract for solid waste collection services �aith private haulers . The depa-rtment shall negotiate a con- t-ract or contracts directly �vith private haulers if and ��hen the City Council by -resolui�ion shall find and deter- , mine that the public inte-rest will be best served thereby. � Contracts shall be for a period of time not to exceed ' three years and shall include among other p-rovisions the following: (a) cost of collection of solid waste; (b) � � performance bond; (c) public liability insur_ance with coverage of at least $250, 000/$500, 000 for pe-rsonal injury ; and $250, 000 prop�rty damage; and (d) agreement to hold ! ha-rmless, protect and defend the City of Saint Pau1, its � off_icers, agents and employees from any and all claims arising out of their col]_ecting or disposing of solid waste tmder cont-ract with the City of Saint Paul . � Section 3 . That Chapter 319 of the Saint Paul T�egislative Code be and is hereby amended by -rescinding Section 319 . 14 in its entirety, ` and inserting the following in lieu the-reof : ` Section 319 . 14. Anrn_ial Repor_t i:o Council . The Mayor slzall submit to �t z� e City Council annua 1 ry with his proposed budgets a -report, including a financial statement, of the current year' s City-ope-rated solid �vaste collection program, together with his recommen- dations as to any changes which should be made to the solid waste collection program. 10/3/74 3 . Section 4. That Chapter 319 of the Saint Paul Legislative Code be and is hereby amended by rescinding Section 319 . 15 in its entirety, and inserting the following in Iieu thereof : Section 319 . 15 . Service Char es Assessed A ainst All Residential Properties . T ere is ere y imposed and levied upon all residential property on which are located Uuildings containing f our or fewer dwelling units and other residential buildings requesting City collection service in accordance with Section 319 . 12 a service charge for the costs incurred by the City in collecting and disposing of solid �vaste as required pursuant to this Legislative Code . The service charges shall not exceed the City' s cost of collecting, removing and disposing of solid �aaste, including administrative and debt-interest costs . Annu.al service charges shall be dete-rmined and levied in the f ollowing manne-r: . (a) The Public Works Department shall keep a reco-rd of all costs directly related to solid waste collection and disposal and shall report such information to the Department of Finance and Management Services . (b) On or Uefore September 1 of each year the Department of Finance and Ma.nagement Services shall, with the aid of the Department of Public �,Torks , determine the total costs incu-r-red for the collection and disposal of solid �ti�aste f-rom residential prope-rties for the period ending August 31. (c) The Department of Finance and Management Se-rvices shall -r�port al1 such costs to the Council . Upon receipt of the report, the Council shall, by resolution, fix a date for public 1learing at �ahich time the Council shall consider the assessment of se-rvice cha-rges, which hearing shall be held p-rior to October 10. The City Cle-rk shall publish notice of hearing in the official City paper not less than 20 days Uefore such hearing. At least 10 days prior to the hearing, notice thereof shall be mailed to 10/3/74 . � , , , , , 4. every known owner of property subject to an assessment at his last-known address . For the purposes of giving mailed notice, owners entitled thereto shall be those shown to be such on the records of the Department of Finance and Management ; Services, but other appropriate records may be used ! for this purpose. Notices shall state the date, time, place and purpose of the public hearing and � the amount of service charge to be assessed against � the benefited property. � (d) At the Couricil hearing or at any adjourn- � ment thereof and after hearing all persons relative ; to the proposed se-rvice charges, the Council may by resolution adopt the service charges and levy the ' same against the residential property benefited thereby. All se-rvice cha-rges so assessed shall be ' payaU]_e in a single installment . The City Clerk shall transmit a ce-rtifi_ed duplicate of the resolu- tion to the Ramsey County Auditor to be extended on the proper tax list of the County and collected the following year along with cur-rent taxes . (e) Any person aggrieved by the actions taken by the City Council may appeal to the District Court �vithin 20 days after adoption of the assessment roll in i�he manne-r set forth in Chapter 14 of the City Charter . (f) The service cha-rges levied in accordance �vith this or_dir��nce shall be _a li_en upon a]_1 private and publ_ic pi_operty from the date of_ certification . to the County AudiLor and in accordai�ce �aith law shall be of equal rank wii�h the ]_ien of �he State for general taxes which have been or may be levied upon � the property. (g) The Council may Uy subsequent -resolution o-r -resolutions p-rovide refunds t�o occupants of resi- deni�ial prope-rty -receiving City solid waste collec- tion se-rvices �oho a-re blind, disabled or elderly persons eligiUle fo-r incorne tax credits acco-rding to State law. 9/4/74 ' . , � � . ` i , • . . . � �i 5 . �' � �� i Section 5. ' i That Chapter 319 of the Saint Paul Legislative Code be and ' is hereby amended by rescinding Section 319 . 16 in its entirety, � and inserting the following in lieu thereof: Section 319 . 16 . Solid Waste-S ecial Assessment Revolvin� Fund. There is ere y esta is ed a special assessment -revolving fund to :be kno��rn as the "Solzd ��aste-Special Assessment Revolving Fund", which fund shall be a continuing fund to which shall be credited all receipts and to which shall be cha-rged all costs incu-r-red incident to such activities . This fund shall be kept as a separate and distinct fund from any and all other City funds and shall be used for the purposes set fo-rth herein and for no other purposes�� All remain- ; ' ing unencumUe-red balances in the previous Solid Waste Col]_ection Fund (Rubbish Disposal Fund)" shall be . credited to the fund herein established . � Section 6 . � That Chapter 319 of the Saint Paul Legislative Code be and � is hereby amended by rescinding Section 319 . 17 in its entirety. Section 7 . SEVERABILITY If any section or any portion of a section of this ordinance shall Ue declared unconstiLui�ional, invalid o-r iiloperative, in wlzol_e or in parfi, by any court of competent ju-r_i_sdiction, the -remaining seci�ioizs and all portions thereof not decl_ar_ed uncon- ' � stitutional, invalid or inope-rative sha7_1 r�m�in in �u11 force and effect, and no such determination sha11 invalidate tl�e re- maining sections or portions of sections of this o-rdiz�ance . . . � , ; 9/4/74 ; I �E - CITY CL�RK f COUIICSI ARV - DEO RTMENT ' � G'ITY, OF SAINT PAUL File NO. E - IiIAV OR „ � � � � Ordin�nce Ordinance N 0. sented By Referred To Committee: Date Out of Committee By Date 6 . . ; Section 8 . This ordinance shall take effect and be in force when the City Cotincil, by budget approp-riation in accordance with appli- cable ]_a�v, shall p-rovide the necessary funds for the implementation of this o-rdinalzce and City--��ide t-rash se-rvice, and upon the City' s consurnrnating negotiations and entering into a contract with private haule-r_s in accordance wit�h Section 2 of this ordznance . Sections 319 . ]_2 th-rough 319 . 17, inclusive, of che Legislative Code shall contilzue in effect and shall not be repealed until such time as this o-rdinance shall go into effect as provided above. ( � � 1 ' . � , ! I i ;, � I� !� I � --- - - -- --- -_ ----� I COUNC[L\fEN Requested Uy Departir,ent of: s Nays Christensen Iiozza In Favor --- ---—- Levine Roedler l�gaittst BY -- Sylvester Tedesco � President Hunt I Form Approved by City Attorney pted by Council: Date _ ` , ified Passed by Council Secretary BY I ✓ — ' :oved by '.1layor: Date Approved by Mayor for Submission to Council � — BY , A Summa "ry of the �iandator.y Trash Collection Ordinance , . 1Vho would get the service? f\11 dwelling units in structures of four units or less will have the service . For structures larger than four units , trash must be collected but it may be done either by the ' city system or a private system. tiVho will collect the trash? A combination of city and private haulers will mane pick-ups once a week. How much will the service cost? The estimated cost of the service is 94 � cents a week. This inclu�es a�itional pick-ups of bulky items , such as stoves , mattresses and other items . r�n additional fee of 14 cents may be added if the system is financed through bonding, �ut " alternatives to this are being explored. Ho�� much tivill senior citizens , i:he blind and disabled pay? For those people who qualify for property and/or income tax relief under State of Minnesota la�as , the cost would be about one half, or an estimated cost of less than 50 cents per week. How tiaill the cost be paid? Once a year , the actual cost of tl�e service for each structure wi11 be assessed on the real estate taxes and paid along with them. Thus , if the system starts in 1975 , service costs for that year actually will not be paid until the end of N1ay, 1976 . tVhen wi11 tlie new system start? If the ordinance passes , service under the new system will not start until funding is available and contracts with the pri�rate haulers have been negotiated. Until then, service will continue as it is now. Why is the City Councii considering this ordinance? There are several reasons why the Council is considering this ordinance : 1 . N1ore than 10 , 000 households currently have no trash collection at all . 2 . The present system is inefficient , with several collectors vying for the same collection areas . 3 . Trash is presentiy being disposed of improperly, leading to roving dogs and rat infestation, as well as strewn trash. 4 . Proper disposal is becoming a problem. This system is one step in the right direction to a proper disposal and recycling system. , ` � � ESTIMATED •COST OF REFUSE COLLfCT10N . • . ' aY , C1TY CREWS A�JD PRIVATE HAULERS AND ESTIMATE�J DISPOSAL COST AND �1SSESSMENT COSTS All Estimates based on 73,500 Units and Crews collecting 300 Units per day. 'City Cost 13 Crews - Supervision and Operations $ 669,095 Bulk Pick-up� Crew Costs 136,248 Overalt Supervision - 72,$b5 Assessment Cost , 18,000 Tota1 City Cost $ 89b,208 � Pr+vate Naulers' Cost 1,7$5,$�+Q Dis�osal Cost 825,000 - � . TOTAL COST $ 3,507,0�+8 Cost per Year/Unit $47.46 • Cost Per Stop Collection Cost: $ 669,095 . • 1 ,785,840 . _ $2.454,°35 ; (51 weeks x 73,5�0 units) _ $ .66 . Disposal Cost: 825,000 " {51 weeks x 73,500 units) _ ,22 City Supervision � Assessment Cost $ 72,$b5 t8.000 90,865 : (51 weeks x 73,500 units) _ .02 - $ •°0 Buik Pickuo � $i36,248 ; (51 weeks x 73,SQ0 units) _ .01� $ .94 lnterest for Special Assessment Fund . �1�� $1 .08 .� * This cost is based on a 7% interest for bonds to finance working capital in a� special assessment fu�d, This may reduce depending on the method used to finance the service. ^'` A reduction in cost is being co�sidered for the btind, disabled and elderly. � 1oIJ/7� . � ` � CITY OF �AINT PAUL , � w , � �' ' ��` _ �: OFFICE OF THPt, GITY CO'IINCIL �. �r,� 4�.` : t � i� � � �� , i E ,y��` �. �} .- - �. �n,: � � DAVID H. HOZZA Cotmcilman MINUTES OF TH� PIFBLIC WORKS CO1�P'i1ITTEE MEETING WEDNESDAY, OCTOBER 2, 1974 - 9:00 A.M. - ROOM 707 'r MEMBERS PRESENT: Councilman David Hozza, Chai.rman ' � Councilman Patrick Roedler Councilman Victor Tedesco ALSO PRESENT: Bill Donovan Jim Sch�Jartz Daniel Dunford Bob Trudeau George Larkin George Oxford Frank Rauschnot Neil Convery Marilyn Lantry Jerome Segal John Kelly Stan Turner Valerie Cunningham Marilynn Egner Ghairman Hozza called the Public Works Co�ttee meeting to order on October 2, 1974 at 9:07 a.m. Chairman Hozza reviewed some of the points which came out of the hearing on October 1. He stated that negotiations vs. bidding was a critical part of the ordinance, and that the committee had only t�oo options to discuss, either to have the existing systen or the new system as spelled out in the ordinance. Mr. Segal stated that the new system cannot start until the city receives funding authority, yet the ordinance directs the Department of Public Works to collect trash from al1 residential property. Mr. Segal suogested that the last part of the ordinance draft be changed to reflect the fact that the ordinance will not be effective until funding authority is obtained. CTTY HALL SEVENTH FLOOR SAINT PAUL, MINItiESOTA 55102 612/298-4fi46 �� . . . -2- Chairman Hozza stated that the committee would need a good estimate of cost, and a finding that negotiation is permissible, together with the ordinance, ancl that this package would have to be put through the Council. He acknowledged that if the proposed system is to be financed through assessments, the city will be required to ask the state legislature for bonding authority, unless a billing method could be developed through the water department billing system. Chairman Hozza agreed with Mr. Segal that the last section of the ordinance should reflect the fact that it will become effective only when money becomes available, or when a method of financing becomes available. Councilman Tedesco stated that passing a concrete ordinance would be a step in the right direction, since the Council had been talking about this for a long time. He said that a couple of months delay in putting the ordinance into effect so that funding can be obtained shouldn't be an impairment. Bob Trudeau, from the Department of Finance and Management Services, stated that if the co�ittee decided to establish a revolving fund for bonding, there would be a substantial difference in the cash needs than if a billing system were to be used. Mr. Segal stated that it would be helpful if the committee knew what contingencies existed before the Council wants the ordinance to go into effect. Chairman Hozza suggested that the committee deal first with the contingencies that would have to be met to trigger the ordinance, secondly financing, third the question of whether the finding tfi.at negotiating was permissible should be in the form of an ordinance or a resolution, and then the verb ehanges. He read the last section of the ordinance: "Section 8; The ordinance shall take effect and be enforced from and after the day of 1975." � Chairman Hozza suggested that the following be added to Section 8: "and after the Council has made the finding mentioned in Section 319.13, and after financing becomes available." Mr. Segal suggested that the committee adopt just the sections of the ordinance that do not pertain to methods of collection, and wait until the city has received bonding authority from the state legislature before providing the system of collection within the ordinance. Chairman Hozza stated that it would be better for the committee to pass the ordinance as it stands with the amendments discussed and state in the ordinance that it will become effective when the finances and negotiations become available. Mr. Segal reiterated his belief that it would be best to pass the ordinance after bonding authority is assured, and he suggested that the Council express its intentions in a preamble to the ordinance, such as ''Whereas the Council desires to collect these charges from the property being served, either through a system of assessments or direct charges, whichever is most eff icient" or "Whereas the Council recognizes the need for new legislation. . .". • ' " ' -3- Councilman Tedesco stated that he preferred to pass the ordinance and then, if needed, make amendments at a later date. • Mr. Segal stated that if the Council adopts an ordinance stating its intent but qualifying the effectiveness of that intent, then at that point the ordinance would be officially on the books, but the city would also be recognizing the fact that funding isn' t there. Then if the method of collection changes and the ordinance is amended, it would �mean changing what is an intent, rather than changing what is already a law. Chairman Hozza explained that the Council would be pursuing the possibilities of setting up a billing system because the cost of financing the collections •. system through the assessment and bonding meth.od would probably be more expensive than a billing system. Councilman Roedler spoke in favor of passing the entire ordinance contingent upon funding arrangements, . Chairman Hozza stated that the proposed ordinance as it now stands encompasses a complete system, and the Council can consider it and vote it up or down based on its total aspects. Councilman Roedler agreed, stating that the Council was going to have to "bite the bullet", pa.ss a mandatory collection ordinance and take whatever repercussions that arise. Chairman Hozza offered to entertain a motion requesting the city attorney to add language in Section 8 of the ordinance stating it would replace the existing one only when and if the financino became available and the conditions in 319.13 were met. He said that in this way the sections on negotiations not only would have the power of resolution but also tlie power of an ordinanee. Councilman Tedesco so moved. Motion carried. Chairman Hozza suggested that the language in Section 319.13 be made consistent with the words in Section 319.12, whieh are "sha11" and "and/or". The first sentence in section 319.13 should read ". . .shall apportion. . .and/or private haulezs. . ." Councilman Roedler so moved. Motion carried. Chairma.n Hozza explained the term "debt cost" in Section 319.15 of the ordinance. The committee has an estimate figure of $.94 per stop per week for each unit collected. The $.94 figure includes city costs and estimated private costs, but does not include interest on the bonds or the amount needed for amortization of the principal. Mr. Trudeau estimated that the first year's interest cost would be $511,000, or $.14 per unit. The principal over a 20-year period would be $365,000 for the first year, or about $.08 per unit. . , � -4- . , Chairman Hozza suggested that for the sake of the ub ' cost figure be made separate and distinct from the interest P lic hearings the and that the $.94 figure be used, and amortization costs, the proposed system would actuall Since normal city hauling costs are 1 serviced without additional investments insequipment. $ Per unit, primarily to the increase in units �'. Trudeau pointed out that � service, bulk item $•04 of the $.94 figure is for an additional broke down the. Pick-ups, that the city has not previousl , $.94 figure as follows: y offered. Mr, Trudeau $.66 collection cost $•22 disposal cost $•06 overall supervision, bulk ' $.94 pick-up. Chairman Hozza suggested that the cost estimate be stated as $,90 service, plus $.04 which is for an additional bulk and amortization costs, with the ex licit for the pick-up service, plus the interest try to develo P understanding that the committee will p a billing system through the Water Board. Mr. Trudeau stated that if the city borrows $6-7 million , system, the money could be placed in a revolving fund so that if to get out of the hauling business, that mone Wou tO start the neW the general fund the city decided , and the general fund could ya ld be available to go back into , the principal would not have to be included in hefcosteestlncipal. In this wa � imate. Y' Chairman Hozza asked if it would be appropriate to substitute the wo and/or principal" for the words "debt cost" in Section 319.15 of the ordinanceinterest �. Segal stated that this would interest and the principal or both in heechar esty the option of including the decide which option to follow, g Mr• Trudeau asked who would . Chairman Hozza told him that the Finance Degartment would make a recommendation through the mayor's office with the final with the City Council. decision resting Councilman Roedler suggested that only the word "interest" . offered to entertain a motion to amend Section 4 be used. Chairman Hozza debt costs" to "including administrative and debt-in9erestcco gsng the words r' asked if Mr. Segal would check on the le alit and that he was not aware of anything that would be illegal about it Councilman Roedler y of this language. Mr. Segal stated the original language under the assumption that the cost figure wo to interest. , since he drafted uld be limited Mr. Trudeau suggested that the wordin ��• and/or principal. Councilman Roedler moved thatuthe language„beachan than interest "includin administrative and debt-i�nterest costs." ged to Neil Convery, from the St. Paul Sanitation Cooperative, asked what t revolving capital fund would earn in interest each year. he Mr. Trudeau stated that each assessment period is essenti with one year of interest while operating on borrowed funds and one e . waiting to collect. ally a two-year period, Mr. Trudeau stated that if the bonding route isychosen,lthe interest on the principal will come due each year, but the interest fro fund could be used to pay tize interest as it comes due before the col m the revolving lections come in. , , . -5- Chairman Hozza asked for a motion to direct the city attorne the Department of Public Works and the Finance Department, to prepare the red ordinance as we specified, to come up with the best estimate as y' W�rking with based on this and other discussions, and also to prepare the resolution f, rafted it is in the best public interest to negotiate, far as financial cost, inding that � Councilman Roedler so moved. Motion carried. The meeting was adjourned at 10:15 a.m. . � . . • • , g�-��.�'"�, � CITY OF SAINT PAUL x'�j � OFF'ICE OF THE GITY COUNCIL r� / � � � ` ! � a, .�� . .` �i :;��..�a � . . . . �i� 2Sn f � . . J; DAVID H. HOZZA Coancilman MIDIUTES OF TH� PUBLIC WORKS COM�MITTEE MEETING TITESDAY, OCTOBER l, 1974 — 3:00 P.M. — ROOM 707 MEMSERS PRESEPIT: Councilman David Hozza, Chairman � Councilman Patrick Roedler ALSO PRESENT: Ruby Hunt Bob Bums Jerome Segal Ted Jansen Daniel Dunford Frank Staffersen Valerie Cunningham Jofin Hegge Mr. Gordon Haugen Frank Rauschnot Mrs. George Vasko Rodney Kogen Emil Oehrlein Jim Tsihida Fred Hess Neil Convery Mrs. Frank Kruuse George Oxford Jim Bearth George Trayard Harold Neumann Clarence Dittel James Buquist Mike Brennan rirs. James Cashill Gordon Hsilk Marion Splichal Kenneth Sann Valerie Splichal James Logan Dan Gunderson Vanderbilt Tyerse Donald Kraus Wyman Smith Harry Hellier Rick Renner John Wynne Marilynn Egner Diane Soutor Chairman Hozza called the Public Works Committee meeting to order on October 1, 1974 at 3:Q5 p.m. Chairman Hozza explained that the purpose of the meeting was to hear testimony regarding negotiation of contracts with haulers for the proposed mandatory trash collection system, and that the meeting was to deal exclusively with whether or not people are in favor of negotiation vs. any other method of handling hauling contracts. CITI' HALL SEVE;�TH FLOOR SAP;T PAUL, MItiNESOTA 55102 612/298-4645 "�O • . . . . -2- Chairman Hozza read Section 319.13 of the proposed ordinance: "Section 319.13. Ma.y Contract. The Department of Publie Works shall divide the city into collection areas and may apportion the areas to city-operated forces and to private haulers under contract with the city. In accordance with applicable law, the department is authorized to contract for solid waste collection seroices with private haulers. The department shall negotiate a contract or contracts directly with private haulers if and when the City Council by resolution shall find and determine that the public .interest will be best served. Contracts shall be for a period of time not to exceed three years and shall include among other pravisions the following: (a) cost of collection of solid waste; (b) performance bond; (c) public liability insurance with coverage of at least $250,000/$500,000 for personal injury and $250,000 property damage; and (d) agreemenfi to hold harmless, protect and defend the City of St. Paul, its ' officers, agents and employees from any and all claims arising out of their collecting or disposing of solid waste under contract with the City of St. Paul." The meeting was opened to testimony. John Hegge, 641 Western Avenue, an employee of City of St. Paul Public Works, � asked to speak. Mr, Hegge suggested that the verbs in Section 319.13 be made consistent with the verbs in Section 319.12, by changing the phrase "m� apportion the areas" in the first sentence of 319.13 to "shall apportion the areas". Chairman Hozza stated that this was a concern of both the existing public employees and the private haulers. Councilman Roedier inquired whether Local 132 had been informed of today's hearing. Chairman Hozza stated that the �eeting notice had received wide distribution, having been sent to every licensed hauler in the city of St. Paul along with all the people who have been involved in this issue over the past four months. Chairman Hozza asked if anyone else wished to speak. Mr. Segal reviewed a 1973 decision handed down by the attorney general which dealt with bidding on contracts involving the collection of solid wastes. The opinion was that the state law did not specifically require that contracts involving a service be awarded based on competitive bids, and that the proposed contracting of collections of solid wastes would probably fall within the definition of a service rather than the purchase of materials or supplies or labor. However, Mr. Segal also said that the attorney general's opinion emphasized that even though public bidding was not required by the statute, the obligation of the city in all cases was to try to obtain the best bargain for the taxpayers for the least amount of money. Mr, Segal suggested that the City Council should make some finding that the public interest would best be served by negotiating the contracts, and emphasized that any benefits of negotiated contracts vs. .bidding would have to run to the taxpayers rather than to the private haulers. . Mr. Neil Convery, from the St. Paul Sanitation Cooperative, stated that if the city decides to negotiate with the private haulers it must do so on the basis of a clear finding that the arrangement is in the best interest of the taxpayer. , . . - -3- Mr. Convery stated that tfie haulerst business situation was not parallel to other businesses such as construction and sewer building, which are continually serving new clients. Councilman Roedler pointed out that there are ordinances encompassing sewer work, for example, bacause the city has deemed it a health matter, and that parallels exist between this and solid waste disposal. Mr. Convery stated that he did not question the city's authority to handle waste disposal if it is not being handled properly. Mr. Convery continued his testimony, outlining the substantial investments, personal obligations, friendships and specialized equipment which the private haulers had at stake if the city chose to bid for contracts instead of negotiating with the private haulers. Fie stated his belief that the private haulers have a proprietory interest in their businesses and if the city adopts a course which will not allow them to continue in business, it would involve a taking of� property for which they would be.entitled to be com pensa te d. M r, Convery stated that if the city decided to put tfie fiauling contracts out for bids, the private haulers would not be able to compete with. the larger national companies, and there would be a danger of rigged bidding among the large companies. Councilman Roedler reviewed an opinion issued by the attorney general pertaining to bidding by governmental bodies, dictating that th�se contracts had 1 to be put out on bids. Then the question arose over whether this applied to the removal of garbage and solid waste, and the opinion from the St. Paul attorney's office was that it would apply. Councilman Roedler stated his concern about a possible loss of customers by some of the private haulers if the new system is implemented. He said that he could see a balancing factor in the form of the 11,000 units which are not now being serviced by haulers. Tfiese 11,000 units would be included in the collection routes under the new system and would compensate, in terms of added revenues for the private haulers, for the fact that they might lose some of their steady customers, Councilman Roedler stated. Mr. Convery again stated that putting tne contracts out for bids would eliminate competition from the samller private haulers, depriving them of the 'chance to make a living, and it would be the beginnings of the creation of a monopoly. Councilman Roedler assured him that theCouncil did not want only one company taking care of solid waste disposal in St. Paul because of the danger of one company hiking its rates so high that it would deprive the city government and the taxpayers of a fair and competitive price on the collection of solid wastes. Chairman Hozza announced that the final public hearing on the proposed mandatory trash collection ordinance is tentatively scheduled for the evening of � Tuesday, October 15. He emphasized that even if the Council passes the ordinance, part of it is a request to the state legislature for bonding autnority to finance the system during its first year of operation, and that the mandatory collection system cannot go into effect until fundin� is authorized. Also, if the courts overturn the ordinance, the present system would still be in effect. Chairman Hozza asked for additional testimony. . . �, , , , • • ' ' -4- Bob Burns, 1072 rlarshall Avenue, asked to speak. Mr. Burns stated that there is another dimension to the issue, the relationship between the private citizen and his private hauler, and that he didn`t believe that he should be denied the right to choose who he wants to do business with. Mrs. Marian Splichal, 1620 Niles Avenue, asked how the Council could take private businesses and put them out for bids. She said the people ought to be able to vote on this issue. Chairman Hozza explained that at _this point nothing was being put out for bids, and that the Council did not intend to take away anyone's business, but rather to provide all the citizens of St. Paul this service. Chairman Hozza asked for additional statements. There were none. He then read a few of his own observations into the record: "Whereas in tfie City of St. Paul there are 84 licensed private haulers with 125 licensed trucks; and Whereas the City of St. Pau; itself has 13 trucks; and tilhereas the existing public and private operators represent a substantial investment in time, equipment, operation, goodwill, accounts receivable, customer relations and other tangibies and intangibles built up over time; and Whereas negotiation will provide the city and its residents ' with guaranteed, regular, efficient service; and Whereas continuity of service is desirable; and Whereas open bidding in sor�e types of services may lead to a violation of anti-trust laws as shown through experieace; and Whereas, bidding may encourage cutting corners and consequently lower quality of service; and Whereas prices of negotiated services taould be comparable to bid prices by comparing these prices to past experience and experience in other cities; Therefore be it resolved that the City Council of the City of St. Paul, Minnesota, finds it in the best interest of the public, as required for Section 319.13, to have the Department of Public Works of the City of St. Paul negotiate for solid waste collection services." Chairman Hozza stated that he had spoken with Nancy Latimer, from the St. Paul League of Women Voters, who could not attend this hearing. Mrs. Latimer told Ghairman Hozza that the League does support the negotiation for services as opposed to bidding for contracts. Rick Renner, from the St. Paul Chamber of Commerce, asked to speak and stated that his organization also support the negotiated contract. There being no further testimony, the meeting was adjourned at 3:50 p,m, . � . _ , ' , �'� �', ' C7TY OF ►.�AINT PAUL ,�'- ' ' '�� '''" OFFICE OF THF GITY C+DIINGIL � � ��1� �� \� A 1 e � ��,,, . . - il �.jp �] y...(;� � . . � 'y.�.. ...� �� s -�� .. � . DAVID H. HOZZA Cou�cilman - MI,IUTES QF THE PUBLIC WORKS COM''i1ITTEE MEETING WED�IESDAY, SEPT. 18, 1974 - 8:30 A.M. - COUNCIL CHAMB MEMBERS PRESENT: Councilma.n David Hozza, Chairman Councilma.n Victor Tedesco Councilnan Patrick Roedler ' ALSO PRESE;3T: Daniel Dunford Valerie Cunningham Richard Wheeler Marilyn Lantry Roy Bredahl Lola Stickler Bill Buth Chairman Aozza called the Public Works Co�ittee meeting to order on . September 18, 1974 at 8:40 a.m. A motion was made for approval of minutes of September 4, 1974. Motion carried. The first item on the agenda regarding systematic Public Works improve- ments was presented by Chairman Hozza. He stated a number of questions have come up regarding this matter. Inasmuch as the CIB program will be ending sometime in 1975, the City is entering into a new period of Federal programs with the co�unity development revenue sharing. One of the questions being asked is where does the City want to put its money as far as local improve- ments are concerned. Chairman Hozza stated he would like to talk about what he sees basically three questions: 1) assessments, 2) bonding, and 3) some type of systematic Public Works improvement program that would involve the problems that were discussed on approximately July 20 at a Public Works meet- ing. Chairman Hozza further stated what may happen is that the committee may want to come up with not only a new assessment policy but a package for the State Legislature that would include some type of bonding. Mr. Dunford stated he had seen a slide presentation on the community development block grant-in-aid program. An application is required from the City by a certain time in 1975 and the City Planning Department is attempting to have this accomplished by February. He also stated there is no need for matching funds. The items that qualify for the money are listed and outlined; however, they do not have any Federal rules and guidelines published as yet. Mr. Dunford stated further as far as public improvements are concerned, the Department of Public Works has a five-year program for streets, sewers and bridges. This program is set up on a priority basis. - 1 - CITY �FiALi.. SEVENTH FLOOR SAINT PAUL, h1INNESOTA 55102 612/298-4645 �:,:��;�i � • . ' ' - 2 - Chairman Hozza asked as far as improvements are concerned, how are they funded? Mr. Dunford stated there are many different methods of funding projects. Some are special funds which may be used only for certain types of projects such as rISA funds. These must be used on street improvements.. Some MSA funds may be used to build sewers in the streets and sidewalks. M,ainly, these funds are to be used to improve the street up to a certain minimum standard; in fact, the amount of money received from MSA is based on needs. The needs are based on the difference between what the City already has as a MSA Route up to this minimv.m standard. When the City asks for an improvement on a MSA Route, the City states it must come up to minimum standards or the MSA will not fund it. There are also some CIB funds for paving, Mr. Dunford continued. Also County Aid funds available for paving. On local streets which are not on MSA or County Aid systems or not financed by CIB, funds must come from assessments. Chairman Hozza stated he would like to explore the possibility of the City'� Council developing a policy stating the City of St. Paul shall have sidewalks and on that basis come up with an assessment that would be somewhat comparable to a rough estimate of the actual improvement to the property. After that the other cost could be picked up some other way. Mr. Tedesco asked if it would be possible to implement an ordinance that would make it mandatory for construction of new sidewalks. _ Chairman Hozza asked if requesting the administration to set up a task force to study the problem would be well received. Mr. Dunford stated he believed so since administration was considering asking the Legislature to extend the CIB program; in fact, to increase the amount. Motion was made to set up a task force, to be followed by a request to the administration to participate. Motion carried. With regard to mandatory trash collection, Chairman Hozza stated he had been advised by Mr. Dunford that the Department of Public Works would have information on costs in approximately one week. Chairman Hozza further stated Mr. Dunford had suggested there be a public hearing on the question of developing the rationaZe for going on a negotiated contract basis rather than a bid basis and have the various organizations testify as to why it would be preferable to go on a ne- gotiated basis. On the basis of that meeting, Chairman Hozza continued, Council would be asked to draw up a resolution that would permit negotiation. Motion was made to have a special public hearing with regard to a negotiated basis rather than a bid basis concerning mandatory trash collection. Motion carried. Mr. Roedler asked �Ir. Dunford about the street oiling program. Mr. Dunford advised the department had just finished the slide presentation and this Friday there would be the final showing within the department. After viewing the slides a time would be set up for a presentation to Council. In conclusion, Chairman Hozza advised one of the things the committee wants to look at is how to shift more money to non-tax levy funds so that there will be some consistency in the programs. Adjournment: 9:30 a.m. _ � � . � ` �r��; --;; . ` CYTY OF SAINT PAUL .�i � OFFICE OF THF CITY OOZTN�I�, � � ��, ��. `; 1 � . � ,u � � - { �i 9E_ , � � �' �" �. r ,,� ;,°.,�:; w� DAV1D H. HOZZA Councilman MrNUT�S OF PUBLIC WOi2K5 COMMITTEE I�ETING . ��"`�� WEDNESDAY, SEPT. 11, 1974 - 8:30 A.M. - ROOM 707 '-� r , MEMBERS PRESENT: Councilman David Hozza, Chairman Councilman Patrick Roedler � � �' - Councilman Victor Tedesco �- ; ALSO PRESENT: Daniel Dunford Allie_ Broc,m ' Ed�vard Helfeld James Stahnke Stephen Havier John Norman Claude Thompson Robert Anderson R. T. Wallner Al1en Shetka D. R. Hassett J. A. Lehn William Donovan E. J. Clark John R. Jensen Mariiyn Lantry Sherman Eagles Tom Fiske Mrs. Margaret Reiling Jerry Mangle , Harold 0'Shaughnessy Mary Ann Maggi Raymond Cady Dean Shelton Mrs. Joseph Geisen John Schneider Sheldon 5tewart Mrs. Joseph Mueller Louis Continenza Robert Gastler Mrs. Chet Jablonski Stanley Boleen John..Holman . Joel Doren Harold Sackreiter L. D. Furnell Georgia Doren Will Pearson . L. P. Reiland Ladd Brabec H. Tarras Lola Stickler - Chairman Hozza called the meeting of the Public Works Committee to order at 8:30 a.m. , September 11, 1974. A motion was made for approval of minutes of August 21st and 29th, 1974. Chairman Hozza asked the Department of Public Works to give a presentation regarding sidewalks on Old Hudson Road. Mr. Allen Shetka of the Department of PuTilic Works presented layouts of the proposed sidewalks in the Old Hudson Road area. It was shown that between White Bear Avenue and Ruth Street, from the freeway to Third Street, there are no existing sidewalks. For this reason pedestrian traffic must go to Third Street. Mr. Brabec of 20�s1 Old Hudson Road asked to speak. He stated he does not beli.eve the sidewalk is necessary as far as his property is concerned as fe« pedestrians pass his home; also, the assessment would be a large one. Chairman Hozza advised the committee would take his comments into account. - 1 - CITY HALL 5EVENTH �LOOR SAIiJT PA:iL, IvITNitiESOTA 55102 b12/29S-4b46 _ - �� . • . � . � ' ' - 2 - � � Mr. Joel Doren of 1763 Old Hudson Road, an employe of the Department of Public Works, spoke. He stated he had been counting pedestrians for eight years and his department does all the counts before sidewalks are installed. He stated it has been found to be true that 60% of the children going to and from school walk in the street whether there are sidewalks or not. Mr. Shetka stated this could be true but if a child should be hit the City would be liable. Chairman Hozza stated one of the problems the Public Works Comm�ttee is faced with is that once the City is put on notice of a hazardous condition it must take some action or else be l�able for the condition. Mrs. Margaret Reiling of 1921 Old Hudson Road spoke. She stated she does not see people walking in her area but one of the problems there is the increase in the amount of traffic and also many drivers exceeding the speed limit. She reported this matter to the Minnesota Highway Department and received a reply. Chairman Hozza asked her to mail him a copy of this letter which she said she would do. In conclusion, Mrs. Reiling stated she does not want a sidewalk. Mr. John Schneider of 1767 O1d Hudson Road spoke. He advised he runs a business at this address and very few people walk into his store. Mrs. Joseph Geisen, 1597 Old Hudson Road, asked to speak. She spoke in favor of a sidewalk as the children must walk in the street in order to reach the Sun Ray Shopping Center and other facilities. Mrs. Ramona Jablonski of 1579 Old Hudson Road also spoke in favor of side- ' walks. She believes if there were sidewalks more people would be walking in the area. rirs. Joseph Mueller of 1637 Old Hudson Road spoke in favor of a sidewalk as she feels there is a definite need for one. rirs. Georgia Doren of 1763 Old Hudson Road spoke and stated she is definitely against a sidewalk in her area. _ Chairman Hozza asked for comments from the committee. Mr. Tedesco stated it was his belief a sidewalk was needed on Old Hudson Road. Mr. Tedesco moved to delete the portion of the order east of Ruth Street and to move approval of the other sidewalk orders. Motion carried. Mr. Ken Lynch of I535 Old Hudson Road asked to speak. He stated the Ci.ty Charter stated the land must be improved to be assessed. His property abuts 23�` on Old Hudson Road. He does not feel he should be assessed for City property on Wakefield Avenue. Mr. Roedler stated he had looked at this property and does not see any equity in this type of assessment. The topography of the area does not indicate anyone would be putting in an alley or street, Mr. Roedler concluded. ' Mr. Roedler moved for approval of all the assessments with the exception of the portion of 1535 Old Hudson Road that abuts Wakefield and also to have the City Attorney give an opinion. Motion carried. Chairman Hozza asked Mr. Edward Helfeld of the Housing and Redevelopment Authority to present the proposed street vacation of portions of Charles, Ter- - ritorial and Seal, Mr. Helfeld stated the street vacation they are requesting relates to the West Midway-So. St, Anthony Park NDP area and will do a numb er of things toward improving environment in the area and also improving the traffic .. ', . . � , . - 3 - situation, Mr. Claude Thompson stated the Department of Public Works is in con- currence with this improvement. Chairman Hozza asked for comments from the audience. Mrs. Elizabeth Clark of 973 Bayless Avenue, President of the Midway-So. St. Anthony Park PAC asked to speak. She stated the association has spent years in restructuring this neighborhood especially the portion east of Raymond Avenue, and the PAC goes on record favoring the Charles Street improvement. Mr. Robert Gastler, Vice President of the Hancock-Nelson rlercantile Company, asked to speak. He stated he was representing ten business firms who had met and have objections to this vacation. The firms he represents are: - Hassett Oil Company Sales Service Machine Tool Company Havier Realty Company Loumar, Inc. Hancock-Nelson Harris-Stewart Companies, Inc. � Central Warehouse Company Minnesota Transfer Railroad Company National Fire Sprinkler Corporation Mr. Gastler stated it is believed this vacation has the best interest of the high-rise only and somewhat lesser concern about the affect it could have on the businesses in the area. He further stated the presentation should not be made without an in-depth study with all industries concerned as to whether the Charles interchange is the best possible route. After Mr. Gastler read the petition ths firms had submitted, the original was given to Chairman Hozza. After the businessmen present had stated their views, Mr. Roedler made motion for the Public Works Committee of the City Council, with an invitation to other members of the City Council, to meet at the So. St. Anthony Park Association for a tour Monday, September 16, at 10:00 a.m. In addition, the City Administrator's office, the Department of Public Works and possibly the City Planning Department, together with the Housing and Redevelopment Authority, will be asked to come up with- a staff report. Motion carried. Adjournmentt 10:05 a.m. , , � � � , • . •. � � � 3�� `�' � 2095 Scenic Place,; 3t. Paul, MN 55119, Oct. 6, 197�+. St . Paul City Council, st. Paul, P4N 55102 D�ar Members: I note that there is atrong consideration to set up mandatory municipal rubbish collection: at an annual cost of �48.88 . I cannot understand why a mun�ipal service, not paying buainesa. taxea, .has to charge such an: amount when a private hauler., paying all �uch taxee, can do a very eatisfactory �ob for �30.00 per year. Increasing a taxpayer' s cost by 62.9� ie a very poor way to slow down the rampant infl ation now threatening our very existence. Yours verg truly, �-- ohn Engstro i . . ` ��- �. �� y� �� ` �- LAW OFFICES SS and MANAHAN CHARTERED 1221 FOURTH AVENUE EAST N SHAKOPEE, MINNESOTA 55379 � � (612)445-5080 • s rt� .� PRIOR LAKE OFFICE �� O 305 CENTRAL AVENUE NORTH � � P.O. BOX 253 ,. �,y PRIOR LAKE,MINN. 55372 rF � (612)447-4012 �� . � �� , �� g.;OST,��, ' St. Paul Cit Council on Tuesda ; r,` � ,�� ., Y Y. �� , o� ' - �,�;, ��:,� titions which have been submitted �`�� : ' 'ashill and rejected by the City • �� ` . . �y�+ �iate your informing me as to '�Z, ,. °Lw�-� en I might expect to address s �'� ,� �ours very.. �ruly, C�, �� SS,/�`� N CHARTERED '� ..- f CS� � � �� . � � ��`f. � ,�: � ,�� ` Krass P Rk � � , -:!� . � , -., � � • . ( �� 2.��7�i _ . C° � .� � f3 �� C ITY OF SAI NT PAUL OFFICE OF THE CITY ATTORNEY January 20, 1975 PIERRE N. REGNIER To the Members of the Saint Paul City Council City Hall Saint Paul , Minnesota Re : Referendum Petition on Mandatory Trash Collection Ordinance At a recent meeting of the Saint Paul City Council , �ou requested advice as to the following questions : 1. The council having previously determined that the first petition was insufficient, when must the petitioners file the additional signature papers and corrections to the petition in order for suc� petition to be valid? 2. When can a person who has signed the petition withdraw his name from the petition? The answer to your first question is found in Section 8.08 of the Saint Paul City Charter, which provides, in part, that after the city council has determined the petition to be insufficient or irregular, the city clerk must deliver a copy of the petition to the person named to receive it togeth� with a written statement of its defects . Upon receipt of this in- formation from the city clerk, the person circulating the petition has 30 days in which to file additional signature papers and to correct the petition in all other particulars . Therefore , the petition, in order to be valid, must be returned to the city clerk within 30 days af ter the city clerk has delivered an insufficient petition to the person named to receive the petition. The answer to you r second question, regarding the with- drawal of names from a petition, is found in Section 8. 02. 4 of the Saint Paul City Charter, which provides in part as follows : "Any person whose name appears on a petition may withdraw his name by a statement in writing City Hall, Saint Paul, Minnesota 55102 612 298-5121 t � � , , � i c �� City Counc il Page Two January 20, 1975 filed with the city clerk before the clerk advises the council as to the sufficiency of the petition. " While the charter does not provide for a time period within which the city clerk must examine the petition to determine its sufficiency as pertains to a situation where the city council has sent the petition back as insufficient and a new petition is resubmitted to the council , it is the opinion of our office that Section 8.03, regarding the determination of sufficiency, would be applicable both to the original petition and to the petition as resubmitted. Section 8.03 provides that the city clerk shall examine the petition as to its suffi- ciency and report to the council within 20 Calendar days, at which time the council shall determine , by resolution, the sufficiency of the petition. There- fore , after the new petition is resubmitted to the city clerk, the city clerk has 20 days to determine its sufficiency, and any time during this 20-day period� before the city clerk advises the city council as to the sufficiency of this petition as resubmitted, a person who has signed the petition may with�.raw his name from the petition by a statement in writing filed with the city clerk. Yours truly, .�.,��,.�--'� PIERRE N. REGNIE City Attorney PNR:bl cc : Mayor City Clerk � � i _ � r , , ' t ' - . �st b/4 2na 10�� 1 3rd ��` Adopted O =► _ Yeas Nays CHItISTENSEN HOZZA ��E u ��348 ROEDLF�R SYLVESTER ' TEDESCO PRESIDENT (HtJNT)