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1987-10-19 CC Agenda/Packet1:>F.Zk .� COUNCIL AGENDA OCTOBER 19,=1987 I. CALL MEETING TO ORDER II. APPROVAL OF THE AGENDA III. APPROVAL OF THE MINUTES IV. COMMUNITY FORUM 7:05 Joint Power's Update • 7:30 Public Information Meeting on Contract Garbage Hauling and Recycling 8:30 John Vetsch--Christmas Lights V. DEPARTMENT BUSINESS a. Legal - Update on Tax Increment Financing for Pat Meyer - Other Business b. Engineering - Other Business c. Administration • - Income Recieved and Bills to be Paid - 1988 Sheriff's Contract - Proposed Legislative Policies and Priorities (League of MN Cities) - Other Business d. Maintenance - Other Business VI. MEMBER'S REPORT a. Raising of Fire Hydrants b. Other Business VII. OTHER BUSINESS VIII. MOTION TO ADJOURN If CITY OF ALBERTVILLE P. O. 11OX I ;I Al BE. I VII.LE, N11NN1:S0 1'A 55301 PHONE (612) 497-3384 COUNCIL MINUITES OCTOBER 19, 1987 The regular meeting of the Alebrtville City Council was called to order by Mayor Loretta Roden. Members present included Gary Schwenzfeier, Donatus Vetsch, Don Cornelius and Bob Braun. Others rpesent included Maureen Andrews and Bob Miller. There was a motion made by Don Cornelius and a second by Gary Schwenzfeier to approve the agenda. All were in favor and the motion carried. Before the minutes were approved there was some discussion regarding the tax increment financing and bond issue. These discussion were continued on the minutes of the September 21st meeting were approved. There was a motion made to approve the minutes. The motion was made by Gary Schwenzfeier and seconded by Bob Braun. All were in favor and the motion carried. There was a Joint Powers update. Testing of the water line was currently being done throughout the water system. To date nothing has been settled. Secondly the Board authorized the purchase of an IBM computer and software. No action was needed on this discussion. There was more discussion regarding Tax Increment Financing. The Council was informed that of the $93,000.00 in the tax increment fund $68,000.00 was to be transferred to the Barthel Industrial Drive Special Assessment fund to help reduce the cost of construction of said road. Gary Schwenzfeier asked if there were any limits on how much Tax Increment Financing a City can use. It was explained that the City has to be able to support the tax increment without putting other City funds in jeopardy. Don Cornelius questioned the use of tax increment and whether or not. the City will benefit from the tax increment project. There was some discussion regarding whether or not the City should be involved in any more T.I.F. projects and that itwas one of the only tools a City of Albertville's size has to use. After some additional discussion it was agreed taht because there was approx- imately $25,000.00 in remaining bond proceeds that bond Counsel should go ahead and look into amending the Tax Increment Financing Plan. A motion was made by Don Cornelius and seconded by Bob Braun to have Holmes and Graven go ahead with the discussion with Pat Meyer regarding using $25,000.00 of Tax Increment bond proceeds. V�:ke' nur (11 i l r��rr (rn Ilr tnwla' Hnrnr /nrLn:r� Ht.•;rr,-,+ COUNCIL MINUTES PAGE 2 All were in favor and the motion carried. The minutes should also note that if Mr. Meyer wants more than the $25,000.00 that the Council will need to reconsider the issue because of the bonding that would be required. The next item discussed was bonding for Barthel Manor 2nd Addition. Some preliminary discussion with Springstead had taken place prior to the Council meeting and it appeared that the City would be looking at bonding for $260,000.00 which would cover the cost of Construction, engineering, legal, administration issuance cost and capitalized interest because the project will not be assessed until 1988. there was some discussion about using some of the money that is in the special assessment accounts set up from other bond issues. The Council was informed that when money is obligated for other bonds issued that it should not be used for another project beca7se of the possibility of problems with repayment. The discussion on the bond issue was continued so that the informational meeting on gargage hauling and recycling. Representatives of teh garbage haulers and Polk a Dot recycling. It was explained that the purpose of this meeting was to get some ideas as to how people would feel about contract garbage hauling and recycling. Jerry LaPlant informed the Council that he has been serving on the Wright County Solid Waste Management Committee and was able to give the Council some insight as to what the City is likely of expect in terms of recycling hauling and costs in the next few years as the county makes a shift to garbage separation. He stated to it would be to the City's advantage to have a recycling plan set up in advance to get people use to recycling prior to when it will become namditory. At this point Mr. Dave Foster of Polk a Dot Recycling joined in the discussion stating that Albertville is already a good recycling community. That currently 1/3 of St. Michael's recycling materials are deposited by residents of Albert- ville, which amounts to approximately 3 ton per month. Mr. Foster went on to explain that originally when he was setting up recycling plans for this area he wanted to locate his truck at a midpoint between Albertville and St. Michael, but could not find a point that would be highly visuable for both cities and decided at that point to locate in front of dick's in St. Michael. He went on to explain that presently he did not think that the two cities would generate enough recycling to warrant 2 days a month in each city but felt it would be better to alternate between the two. If in the future more pickup time would be needed than more could be set aside. There was some discussion as to what makes up the 3 tons a month of recyclables from Albertville: Cans (aluminum) 200 lb./wk. Newspaper ton/wk. Glass ton/wk. Mr. Foster is able to keep track of these records because all materials are logged into a journal. The next issue discussed was making recycling mandatory or keeping it on a voluntary basis and which was the best route to go. According to those COUNCIL MINUTES PAGE 3 present, it is best to keep recycling voluntary, or as referred to by Mr. Foster as source recycling because there is less problems with unclean materials, improper disposal etc. There are two ways of collecting the materials recycled, the first being collection points and the second being curbside pickup, with curb side pickup being more expensive. One suggestion given to encourage recycling would be the use of coupons to be used toward utility billings. Some other general statistics where given on Polka -Dot recycling and the recycling industry in general. The Council then changed the focus of their discussion to the contract garbage hauling. It was agreed that recycling is the cheapest for of refuse hauling because of cost associated with dumping and hauling. The first item brought up was does the City want to get into the garbage hauling business and what would need to be done to start contracting. The Council was informed that there was a new law requiring a public hearing and a 90 day notice of intent prior to entering into contract hauling, this includes going out for a request ofr proposals or entering into a contract. In order to get the wheels in motion it was agreed that it would be best to hold the first hearing. A motion was made by Donatus Vetsch and seconded by Don Cornelius to set a public hearing on contract garbage hauling for November 16th at 8:00 p.m. All were in favor and the motion carried. John Vetsch of the Albertville Jaycees was present to update the Council on the purchase of new Christmas lights. The Council was informed that a couple of poles needed to be installed (one across from the Lamp Post In and one next to the 152 Club.). The Council said to go ahead but to be sure that the placement of the poles do not interfere with snowplowing. At this time the Council went back to the discussion regarding the bonding for Barthel Manor-2nd Addition. The Council questiooned why we would want of carry the bond out twelve years if it is likely that the development could be completed in one or two years. At this time it was pointed out that the City could have the option to go with a temporary construction bond which would allow the City to get out from under the debt in a shorter period of time. A motion was made by Don Cornelius and seconded by Gary Schwenzfeier to authorize Springstead, Inc. to go ahead with the financing plan and setting up the sale requirements. All were in favor and the motion carried. The record should bote that if a short term bond is feasible that it is the wishes of the Council to go that route. Maureen Andrews next updated the Council on the construction project in barthel Manor's 2nd Addition. The sewer and water lines had been installed and gravel work was to be started within a couple days. There was a motion to approve the payment of bills. The motion was made by Don Cornelius and seconded by Bob Braun. All were in favor and checks 8247 through 8269 were approved. The 1988 Sherriff's contract was reviewed and was then approved on a motion made by Donatus Vetsch and seconded by Gary Schwenzfeier. All were in favor and the Sheriff's Contract was approved for 21,294.00 (19.50/hr). The Council was then informed that Ken had gotten a quote $1,898.00 for Front Mount 47" 2-stage John Deere blower from Scharber and Sons and that COUNCIL MINUTES PAGE 4 they had agreed not to bill the City until after January 1, 1988. A motion was made by Don Cornelius and seconded by Donatus Vetsch to approve the purchase of the snowblower provided that the City not be billed until after January 1, 1988. All were in favor and the motion carried. The Council next discussed setting up time with Ken Lindsay and Mike Merges re- garding the Maintenance department. The meeting was scheduled for Thursday October 22, 1987 at 3:30 p.m. between Ken, Mike and the entire Council. Other items discussed included having Maureen check on different phone service for the City Hall. Maureen was also asked to recontact Jim Hennum regarding the low lots behind 55th Circle. The need to raise about 9 fire hydrants and Munitec's request to eb notified of any use of hydrants for sewer flushings. Donatus Vetsch updated the Council on the City Celebration "Friendly City Days". The committee has asked if the City would have some funds that can be used to get the project going. The City Attorney sees some problems with someone other then the City being responsible for expanding funds but would check on it. No action was taken on this issue until more information becomes available. The Council agreed that a "DESIGN THE LOGO" Contest should be held to come up with a design. Designs should be dropped off at City Hall on or before Novemebr 16, 1987. There was no other new business so there was a motion to adjourn. The motion was made by Gary Schwenzfeier and seconded by Don cornelius. All were in favor and the motion carried. NAM IF s,J faema4aav IhFErint6 a.t mkdo A" cog C+ q �-.Impqm�-u - +�bulwcw AadLprLss DATE: OCTOBER 16, 1987 TO: Mayor Loretta Roden and Members of the Council FROM: Maureen Andrews, City Administrator %0% RE: Contract Garbage Hauling and Recycling In researching the issue of garbage hauling I have deterimed that in most cases the contract is usually for just residential pickup and that the commercial hauling has stayed the responsiblity of the property owner. I have contacted several cities and have attached information that was forwarded to me. This information includes contracts and fact information regarding the service being requested. I have also contacted the 3 major haulers working in Albertville and have told them that we are meeting on Monday evening to discuss the issue on contracting for service. In addition I was able to get ahold of a representative of Polka Dot Recycling and asked that they be present for Monday evenings discussion. Some of the issues the Council will want to think about before going out for Request For Proposals are: * How many pickups a week does the City want? * How will the hauling be billed for -- by contractor quarterly by the City on the Tax Role (not possible for 1988) * Does the City want to make recycling manatory or keep it voluntary? * Will the City require that garbage collection be mandatory --not allowing other residential haulers in? * There should also be some discussion regarding composting (2 times a year) which could be done either by a joint project with the hauler and service organizations or by just the service organizations. * Where would Recycling Vehicle be located when in Albertville? These are just a few of the issues that the City nneds to consider before any action is taken. I hope this information will be of some help to you for Monday evening's meeting. AGREEMENT This AGREEMENT is between the CITY OF MONTICELLO, a governmental subdivision of the State of Minnesota, hereinafter referred to as CITY, and as HAULER. , hereinafter referred to WHEREAS, the CITY desires garbage and refuse pick-up and hauling for its residents on a contract at a monthly rate for orderly and reliable pick-up service and disposal of refuse, etc., thereof, without the responsibility of the CITY maintaining equipment for said purpose and a dump for said disposal; and WHEREAS, the HAULER is organized to and desirous of, carrying out such CITY wants and desires, and has adequate equipment, assistance and know-how to carry out said project; NOW THEREFORE, IT IS AGREED, in consideration of the mutual promises of the CITY and HAULER: 1. PAYMENT A. That CITY shall pay HAULER the sum of starting on the last pick-up day of , 1986, and each and every month thereafter, on the last collection day of each said month, for the term of this AGREEMENT, unless the AGREEMENT is terminated by either party as set forth in this AGREEMENT, said sum shall be for the number of dwellings stipulated in the Appendix attached hereto. The monthly payment shall include all current surcharge or dumping fees incurred by the HAULER. B. The contract shall, upon proper documentation to the CITY, provide for an increase in the monthly payment to cover any increase in surcharge fees or other special processing fees incurred by the HAULER during the term of the AGREEMENT. C. Prior to each monthly payment, the HAULER shall provide to the CITY documentation of total cubic yards or tonage hauled during the previous month. !iC D. Any additional residences picked up by the HAULER upon the request of the CITY will be added to monthly payment at per single family residence with apartment units added at the rate of per unit. Additional residences and apartments will be added to the monthly payment at the end of the month and will be determined by the number of certificates of occupancy issued during the month. Duplexes, triplexes, and 4-plexes shall be counted as single family residences per dwelling unit. 2. TERM OF AGREEMENT This AGREEMENT shall remain in force for a period of years beginning on the first day of 1 1986 and ending on the 31st day of 198, unless otherwise terminated in accordance with this AGREEMENT. This AGREEMENT may be renewed at any time before its natural termination, by the written mutual consent of both parties and resolution by the CITY. 3. TERMINATIONS This AGREEMENT may be terminated by either party with or without cause, upon a six -months written notice to the other party. 4. INSURANCE That HAULER shall carry public liability insurance with a recognized insurance carrier and keep in force at all times during this AGREEMENT the following minimum of coverage: A. $100,000 per person. B. $300,000 per accident. C. $ 10,000 property damage. D. Worker's compensation coverage. 5. SCOPE OF WORK A. That HAULER shall not be required to pick up and dispose of any refuse or garbage that is not placed in a container by the resident and that HAULER shall not be required to use shovels in the loading thereof. Further, the service herein contemplated and provided for shall be furnished only to the residents within the present corporate limits of the CITY. -2- B. That HAULER agrees to a weekly pick-up of all garbage and refuse at curbside for each residence in said CITY, including branches if cut into dimensions of not longer than six feet (61) and tied securely in bundles weighing not in excess of 50 pounds and to dispose of same at a dump. This service extends only to residential property and not to commercial or industrial enterprise, except for City property listed in Paragraph 5(D). If the HAULER is providing twice weekly pick-ups, the days of service shall be Monday and Thursday. The HAULER can negotiate with any resident with regard to the placement of the garbage and number of pick-ups per week. HAULER shall accept at least six containers per household, per pick-up. C. Garbage containers must not exceed 30 gallon capacity and should be equipped with handles for ease of handling. Plastic garbage bags are ideal for use of storing garbage. Paper bags are not permissible. Sturdy cardboard disposable cartons may be used for non -garbage refuse. D. That HAULER shall be required to provide and maintain 1� cubic yard garbage containers at the following locations: 1) City Maintenance Building - W. County Road 39 - Year Round 2) 4th Street Park - Year Round 3) West Bridge Park - Year Round 4) East Bridge Park - May 1 through November 1 5) Ellison Park - May 1 through November 1 6) Sewage Disposal Plant - Year Round 7) NSP Softball Fields - May 1 through October 1 HAULER shall provide a garbage dumpster container for East and West Bridge Parks on the 4th of July each year that is at least 5 cubic yards. The HAULER shall also provide weekly garbage pick-up at the following City facilities: 1) Museum/Information Center 2) City Hall 3) Library 4) Fire Hall 5) Senior Citizen Center 6) Old Fire Hall and also empty the litter containers at various sidewalk locations in the downtown area, as needed. -3- The HAULER shall, in addition to the regular garbage/refuse, provide pick-up of "screenings" at the municipal Wastewater Treatment facility. E. That the following Legal Holidays will be exempt from pick-up if the HAULER is providing twice weekly service and one (1) pick-up day falls on: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day If HAULER is providing once -a -week pick-up which falls on one of the above Holidays, arrangements shall be made by the HAULER for pick-up on another date that week. F. The HAULER shall notify the City of each occurrence when articles placed out for collection are not picked up due to their being beyond the scope of this agreement (e.g. mattresses, appliances, hot ash, etc.). HAULER shall, to the best of their ability, provide address, name of customer, and nature of article not accepted for pick-up. HAULER may negotiate independently with customer for collection of any articles that fall beyond the scope of this agreement. 6. PERFORMANCE BOND 7. DUMP HAULER shall furnish CITY as a condition to his receiving consideration under this contract as set out in Article 1, a Performance Bond; said Bond shall remain in force during the term of this AGREEMENT and shall be placed with a Bonding Company, acceptable to CITY. Said Bond shall be payable to the CITY OF MONTICELLO, and shall be in the amount of Five Thousand Dollars ($5,000.00) It is the obligation of the HAULER to obtain proper dumping grounds for the refuse, garbage, etc., and pick-up matter and there is no responsibility of any kind upon the CITY to furnish said dumping facilities to HAULER. -4- 8. ASSIGNMENT This AGREEMENT may not be assigned in whole or in part without the written consent of the CITY. 9. GENERAL This AGREEMENT contains the entire AGREEMENT between the HAULER and the CITY and may be amended only by the mutual consent of CITY and HAULER, in writing. 10. WAIVER A waiver of one part of rights of either party is not a waiver of all the rights that may accrue to either party. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date of (CITY SEAL) CITY OF MONTICELLO By: By: -5- BID PROPOSAL TO BE OPENED , 1986, 2:00 P.M. MONTICELLO CITY HALL 250 EAST BROADWAY MONTICELLO, MINNESOTA 55362 PROPOSAL OF: ADDRESS: PHONE NUMBER: AUTHORIZED REPRESENTATIVE: For furnishing pickup and disposal of residential refuse and garbage within the City of Monticello, Minnesota, in accordance with the specifications, fact sheet, and Agreement which are attached: BID ALTERNATIVES (1) Year Contract: A. Once -a -Week Pickup B. Twice -a -Week Pickup (3) Year Contract: A. Once -a -Week Pickup B. Twice -a -Week Pickup LUMP SUM PRICE $ per month $ per month $ per month $ per month Additional Residences SINGLE FAMILY APARTMENTS per unit per unit S S S S PROPOSAL MUST BE SUBMITTED IN TRIPLICATE ON THIS FORM ONLY! Include Certified Check or Bid Bond, payable to: City of Monticello, in the amount of 5% of the Bid. Signature of Authorized Representative FACT SHEET FOR GARBAGE CONTRACT - CITY OF MONTICELLO The following information is provided for bidding purposes: (as of 7/1/86) Approximate number of single family residences 986 (includes duplex, tri-plex and 4-plex units) Approximate number of apartment units 332 Approximate number of residences - River Terrace 75 Trailer Park 1. CITY OF BUFFALO REQUEST FOR PROPOSALS FOR COLLECTION AND DISPOSAL OF RESIDENTIAL GARBAGE UNDER, CONTRACT WITH THE CITY OF BUFFALO, MINNESOTA Introduction and General Information. The City of Buffalo (City) is a Minnesota Municipal Corporation consisting of a population of approximately 5,000 persons. There are 1,536 dwelling units eligible for garbage collection to be considered in the proposal. The dwelling units have been divided into two districts as described in Appendix 1. The City's objective is to issue a single garbage hauler a contract to collect and dispose of residential garbage from each dwelling unit in the district on a single day each week. The collection and disposal of garbage generated by commercial and industrial operations is not contemplated by this contract. The City is issuing this Request for Proposals (RFP) for the purpose of soliciting garbage haulers interested in becoming the exclusive contractor for both of the districts described on Appendix I. The relationship between the City and the garbage contractor selected will be that of a contract. Unacceptable garbage as marked in Appendix III shall not be picked up. 2. Purpose of Contract. The purpose of the contract for garbage haulers is to provide a system for the collection and disposal of garbage in a timely, orderly, and economical fashion which will comply with the statutes and policies of the State of Minnesota, with respect to : a) The abatement of the use of landfills for unprocessed -1- KIN waste; b) Reduction in waste generated; c) Separation and recovery of materials and energy from wastes; d) Reduction in indiscriminate dependence on disposal waste; e) Coordination of solid waste management among political subdivisions; f) Orderly and deliberate development and financial security of waste facilities including disposal facilities. It is the City's further purpose to accomplish the state, city, and county goals while minimizing wear and damage to the streets, roads and private drives within the City, the culverts, drainage, waste and other public transportation facilities and to accomplish these goals at the minimum possible cost to the citizens of the City. Garba e Hauler's Resoonsibility on a Contract. The garbage hauler(s) contracted by the City shall operate under a contract containing, but not limited to, the following conditions: 1) The garbage hauler(s) shall collect the residential garbage on a given day each week and dispose of it in a legal and environmentally safe manner in accordance with all applicable government regulations, goals, policies, and permits; 2) The garbage hauler(s) shall provide and maintain all -2- necessary equipment and shall provide all personnel necessary to perform all conditions of the contract; 3) During the term of the contract the garbage haul-er(s) shall charge the rate for collection from the City for each dwelling unit in response to this RFP, subject to the following: a. Renegotiation. At such time as the Wright County designation ordinance becomes effective, requiring the hauling of garbage to the County Transfer Stations, resulting in substantially higher tipping fees, the garbage hauler(s), at their/its option, may request a renegotiation of the contract; the City, at its option, may issue a new RFP; b. BillinZ and Collection. It s h a 1 1 be the responsibility of the City to bill and collect charges for garbage collection from the owner or occupant of each dwelling unit within the district and the City will bear the responsibility for that contractual relationship;' C. Performance Bond. The garbage hauler(s) shall post a $10,000.00 performance bond to guarantee full compliance and performance in accordance with the contracting conditions; d. Comolaints. The garbage hauler(s) shall establish and maintain an office with a telephone, shall provide the telephone number to each dwelling unit and shall r� receive calls during not less than four (4) hours per -3- day Monday through Friday and shall log all complaints about the collection of garbage and the garbage hauler(s) response to such complaints; e. Volume of Weekly Collection. The RFP shall contain a rate for collection in covering each of the following options: (i) ;Maximum Established: The garbage hauler(s) shall pick up not to exceed three (3) containers of garbage of a maximum size of 32 gallons from each dwelling unit on a,specific day each week; f. Additional Services. The garbage hauler(s) shall provide as an additional service at an additional cost to be separately stated in response to this RFP, for the removal of those commonly discarded household items which exceed, in size, bulk, or weight, the maximum amount of weekly garbage described in condition 3e; state whether the service can best be provided by you as part of your weekly garbage service or as part of an annual "spring clean up", or both. If both are proposed, state the rate and billing method for each. g. Collection Points. The garbage hauler(s) shall collect the garbage from a location on street right-of-way or alleyway. h. Insurance. The garbage hauler(s) shall provide public liability insurance, including general liability, automobile liability, and loading and unloading liability with the following minimum coverages: 1) -4- bodily and personal injury liability in the amount of at least $300,000.00 for injury or death of any one person in any one occurrance; 2) bodily and personal injury liability in the amount of at least $500,000.00 for injury or death rising out of any one occurrance; 3) property damage liability in the amount of at least $100,000.00 for any one occurrence. i. Indemnity. The garbage haulers) shall take all precautions necessary to protect the public against injury and shall defend, indemnify, and hold the City harmless from any liability, cost of defense, claims, damages, costs, judgments, or other expenses which may arise by reason of any claim for bodily or personal injury or property damage, disease or death resulting directly or indirectly from an act or a mission of the garbage hauler(s). j. Equipment. To provide two (2) or more trucks with enclosed, packer -type, bodies have a capacity of sixteen (16) or more cubic yards with operators, to pick up and collect garbage. k. Equioment Maintenance. All equipment used for collection of garbage shall be enclosed or securely covered with no open loads permitted, shall be kept free of leaks and in good repair and safe operating condition. The garbage hauler(s) official company name together with the appropriate telephone number shall be printed or painted in legible letters not less than Your -5- (4) inches in height on both sides of all pieces of quipment used to collect garbage. 4. T9chedule of Council Review. The action is to be taken by the City Council of the City of Buffalo and staff in furtherance and completion of the contract of garbage hauler(s) is as follows: a. All RFP's must be submitted by 2:00 P.M. on June 30, 1986; b. Deadline for garbage hauler(s) to submit a response after submittal of RFP is July 7, 1986; C. City Council approval July 21, 1986; d. Acceptance of contract and commence operations August 4, 1986. The City Council shall direct the City Administrator to publish a notice in the official newspaper and may direct notice to be published in one or more additional publications substantially in the following form: CITY OF BUFFALO NOTICE TO GARBAGE HAULER(S) Notice is hereby given that the City Council of the City of Buffalo will issue a Request For Proposals (RFP) for the exclusive contract of one (1) or more garbage hauler s) to provide once weekly collection and disposal of garbage from all residential dwelling units in the City of Buffalo. A written request for proposals may be obtained at the City Center, City of Buffalo, 212 Central Avenue, Buffalo, Minnesota, 55313, on or after June 17, 1986. -6- 5. Written responses to the Requests For Proposal will be accepted no later than 2:00 P.M. on June 30, 1986. Evaluation and selection of contractor. The objective of this RFP is to select the garbage hauler(s) whose response best meets the several needs, goals, and policies of the City, within the framework of state and county regulations and policies. The specific criteria which will be used include, but are not limited to, the following: The reliability, efficiency and convenience demonstrated in the garbage hauler(s) response; The protection of the environment; The preservation of the roads, streets, drainage facilities and other public works within the City; The convenience of the public being served by the garbage hauler(s) and the efficiency of public travel; The cost to the citizens and to the City; The extent to which the proposal demonstrates the observance of the rules of safety and public health. 6. Submittal Requirements. a. Deadline. Receipt of responses to this RFP will be received no later than 2:00 P.M. on June 30, 1986 and must be delivered to and received by Merton Auger, City Administrator, City of Buffalo, 212 Central Avenue, Buffalo, Minnesota, 55313. Each applicant shall supply an original and three (3) copies of the response to the RFP. b. Security. Each applicant shall include a security deposit in the amount of $3,000.00. The security may be in -7- the form of a bond from a corporate surety license to do business in the State of Minnesota or a certified check drawn on a bank doing business in the State of Minnesota. • The condition of the security shall be that the applicant shall not withdraw its proposal within sixty (60) days after the deadline for the submission of the responses. All security deposits, except the deposits of the successful contractor, shall be returned sixty (60) days after the deadline for submitting proposals. The security deposit of the successful contractor shall be returned upon acceptance of the obligations under the license by the successful contractor. In the event a successful contractor fails to agree to accept the obligations under the contract, the security will be declared forfeit and retained by the City. c. Company Name. If the proposal is made by a partnership, the name and post office address of the partnership, a list of the partners, and the signature of one (1) of the partners must be included. If made by a corporation the proposal must indicate the name and the state of incorporation and the post office address. In the event a proposal is made by a consortium of garbage haulers information must be provided as above described for all members of the consortium together with the name of the manager or other persons selected by the consortium who has authority to make all final decisions. d. Conference. There will be a conference at the City offices for all interested applicants to review the KFP on -8- July 1, 1986 at 9:00 a.m. Representatives of the City will be present at that meeting to answer questions. All answers given orally at such meeting will be nonbinding. Changes or clarifications in the RFP are valid only if made in writing and mailed or delivered to all perspective respondents. e. Errors and Omissions. The following submission of the responses, the City will not accept any change or correction of alledged errors or omissions, but the City reserves the right to interview any applicant to obtain clarifications of ambiguities found in the response. During these interviews, only clarifications will be sought and those substantive changes will be permitted. f. Privacy. Information supplied by the applicant to the City is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Section 13.01, et seq. Such information shall become public unless it falls within one of the exceptions of the Act such as security information, trade secret information, labor relations information, or the like. No information falling within the exceptions will be treated as confidential unless it is so identified by the applicant. The City assumes no responsibility under any circumstances for any loss or damage which may result from a breech of confidentiality during review of the responses. g • Good Faith. The City is soliciting proposals in good -- faith with the intention of issuing a contract as stated herein. The City reserves the right to reject any and all responses and will do so if the response does not conform to MIC the requirements of the RFP, if the applicant misstates or conceals material facts in the response, or if the response of security is not provided. In order to be deemed a valid • response, the applicant must complete all elements of the form of response attached hereto as Appendix II. -10- A G R E E M E N T TH GREEMENT, made and entered into this day of 1986, by and between the City of Buffalo, a munic' al corporation in the County of Wright, State of Minnesota, party of the first part, hereinafter referred to as "City", and GERALD D. LA PLANT, hereinafter referred to as "Contractor". WITNESSETH: WHEREAS, the City, in order to promote the health and welfare of the community, does provide for the collection of garbage from all places of residence within the City, and WHEREAS, the parties hereto are desirous of entering into a contract for the collection of garbage within the City of Buffalo, pursuant to the terms hereinafter contained, NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the parties hereto agree as follows: THE CONTRACTOR AGREES: 1. The Contractor agrees that the provisions of the CITY OF BUFFALO REQUEST FOR PROPOSALS FOR COLLECTION AND DISPOSAL OF RESIDENTIAL GARBAGE UNDER CONTRACT WITH THE CITY OF BUFFALO, MINNESOTA, shall be part of this contract fully as if set out explicitly herein. THE CITY AGREES: 1. To pay the Contractor, as a consideration for the full and faithful performance of this contract, the sum of $5.45 per unit per month for 1,667 residential units which shall be changed on an annual basis as needed. The Contractor shall faithfully perform this agreement, and that such payment shall be made upon the Contractor presenting to the City at the end of each month a verified account for their services performed. It is further agreed that $135.00 per month also be paid for the collection at all City parks, and that the Airport be serviced twice a month at $14.50 per month, and that the Civic Center be serviced twice a week at $65.00 per month, and that the Liquor Store be serviced six times a week at $144.00 per month. THE CITY AND CONTRACTOR MUTUALLY AGREE: 1. The effective date of this contract shall be July 1, 1986, when all services to be performed by the Contractor shall commence. 2. The term "Garbage" as used herein shall be deemed to mean all garbage, refuse, and rubbish placed in garbage cans for each residential unit within the City. 3. This contract shall be in full force and effect for a period of one year from and after July 1, 1986. IN WITNESS WHERFQF, the part' es hereto have hereunto set their hands this _�5-- day of 1986. In the presence of Witnesses CONTRACTOR: Contractor CIT OF FFALO: Mayor Cit Administrator CITY OF BUFFALO REQUEST FOR PROPOSALS FOR COLLECTION AND DISPOSAL OF RESIDENTIAL GARBAGE UNDER CONTRACT WITH THE CITY OF BUFFALO, MINNESOTA 1. Introduction and General Information. The City of Buffalo (City) is a Minnesota Municipal Corporation consisting of a Population of approximately 5,000 persons. There are 1,536 dwelling units eligible for garbage collection to be considered in the proposal. The dwelling units have been divided into two districts as described in Appendix I. The City's objective is to issue a single garbage hauler a contract to collect and dispose of residential garbage from each dwelling unit in the district on a single day each week. The collection and disposal of garbage generated by commercial and industrial operations is not contemplated by this contract. The City is issuing this Request for Proposals (RFP) for the purpose of soliciting garbage haulers interested in becoming the exclusive contractor for both of the districts described on Appendix I. The relationship between the City and the garbage contractor selected will be that of a contract. Unacceptable garbage as marked in Appendix III shall not be picked up. 2. Purpose of Contract. The purpose of the contract for garbage haulers is to provide a system for the collection and disposal of garbage in a timely, orderly, and economical fashion which will comply with the statutes and policies of the State of Minnesota, with respect to a) The abatement of the use of landfills for unprocessed -1- waste; b) Reduction in waste generated; c) Separation and recovery of materials and energy from wastes; d) Reduction in indiscriminate dependence on disposal waste; e) Coordination of solid waste management among political subdivisions; f) Orderly and deliberate development and financial security of waste facilities including disposal facilities. It is the City's further purpose to accomplish the state, city, and county goals while minimizing wear and damage to the streets, roads and private drives within the City, the culverts, drainage, waste and other public transportation facilities and to accomplish these goals at the minimum possible cost to the citizens of the City. 3. Garbage Hauler's Responsibility on a Contract The garbage hauler(s) contracted by the City shall operate under a contract containing, but not limited to, the following conditions: 1) The garbage hauler(s) shall collect the residential garbage on a given day each week and dispose of it in a legal and environmentally safe manner in accordance with all applicable government regulations, goals, policies, and permits; 2) The garbage hauler(s) shall provide and maintain all -2- necessary equipment and shall provide all personnel necessary to perform all conditions of the contract; 3) During the term of the contract the garbage hauler(s) shall charge the rate for collection from the City for each dwelling unit in response to this RFP, subject to the following: a. Renegotiation. At such time as the Wright County designation ordinance becomes effective, requiring the hauling of garbage to the County Transfer Stations, resulting in substantially higher tipping fees, the garbage hauler(s), at their/its option, may request a renegotiation of the contract; the City, at its option, may issue a new RFP; b. Billing and Collection. It shall be the responsibility of the City to bill and collect charges for garbage collection from the owner or occupant of each dwelling unit within the district and the City will bear the responsibility for that contractual relationship; C. Performance Bond. The garbage hauler(s) shall post a $10,000.00 performance bond to guarantee full compliance and performance in accordance with the contracting conditions; d. Complaints. The garbage hauler(s) shall establish and maintain an office with a telephone, shall provide the telephone number to each dwelling unit and shall receive calls during not less than four (4) hours per -3- day Monday through Friday and shall log all complaints about the collection of garbage and the garbage hauler(s) response to such complaints; e. Volume of Weekly Collection. The RFP shall contain a rate for collection in covering each of the following options: (i) Maximum Established: The garbage hauler(s) shall pick up not to exceed three (3) containers of garbage of a maximum size of 32 gallons from each dwelling unit on a specific day each week; f. Additional Services. The garbage hauler(s) shall provide as an additional service at an additional cost to be separately stated in response to this RFP, for the re►noval of those commonly discarded household items which exceed, in size, bulk, or weight, the maximum amount of weekly garbage described in condition 3e; state whether the service can best be provided by you as part of your weekly garbage service or as part of an annual "spring clean up", or both. If both are proposed, state the rate and billing method for each. g. Collection Points. The garbage hauler(s) shall collect the garbage from a location on street right-of-way or alleyway. h. Insurance. The garbage hauler(s) shall provide public liability insurance, including general liability, automobile liability, and loading and unloading liability with the following minimum coverages: 1) -4- bodily and personal injury liability in the amount of at least $300,000.00 for injury or death of any one person in any one occurrance; 2) bodily and personal injury liability in the amount of at least $500,000.00 for injury or death rising out of any one occurrence; 3) property damage liability in the amount of at least $100,000.00 for any one occurrance. i. Indemnity. The garbage hauler(s) shall take all precautions necessary to protect the public against injury and shall defend, indemnify, and hold the City harmless from any liability, cost of defense, claims, damages, costs, judgments, or other expenses which may arise by reason of any claim for bodily or personal injury or property damage, disease or death resulting directly or indirectly from an act or a mission of the garbage hauler(s). j. Equipment. To provide two (2) or more trucks with enclosed, packer -type, bodies have a capacity of sixteen (16) or more cubic yards with operators, to pick up and collect garbage. k. Equipment Maintenance. All equipment used for collection of garbage shall be enclosed or securely covered with no open loads permitted, shall be kept free of leaks and in good repair and safe operating condition. The garbage hauler(s) official company name together with the appropriate telephone number shall be printed or painted in legible letters not less than four ISIM (4) inches in height on both sides of all pieces of equipment used to collect garbage. 4. Schedule of Council Review. The action is to be taken by the City Council of the City of Buffalo and staff in furtherance and completion of the contract of garbage hauler(s) is as follows: a. All RFP's must be submitted by 2:00 p.m. on June 30, 1986; b. Deadline for garbage hauler(s) to submit a response after submittal of RFP is July 7, 1986; C. City Council approval July 21, 1986; d. Acceptance of contract and commence operations August 4, 1986. The City Council shall direct the City Administrator to publish a notice in the official newspaper and may direct notice to be published in one or more additional publications substantially in the following form: CITY OF BUFFALO NOTICE TO GARBAGE HAULER(S) Notice is hereby given that the City Council of the City of Buffalo will issue a Request For Proposals (RFP) for the exclusive contract of one (1) or more garbage haulers) to provide once weekly collection and disposal of garbage from all residential dwelling units in the City of Buffalo. A written request for proposals may be obtained at the City Center, City of Buffalo, 212 Central Avenue, Buffalo, Minnesota, 55313, on or after June 17, 1986. Q-V Written responses to the Requests For Proposal will be accepted no later than 2:00 p.m. on June 30, 1986. 5. Evaluation and selection of contractor. The objective of this RFP is to select the garbage hauler(s) whose response best meets the several needs, goals, and policies of the City, within the framework of state and county regulations and policies. The specific criteria which will be used include, but are not limited to, the following: The reliability, efficiency and convenience demonstrated in the garbage hauler(s) response; The protection of the environment; The preservation of the roads, streets, drainage facilities and other public works within the City; The convenience of the public being served by the garbage hauler(s) and the efficiency of public travel; The cost to the citizens and to the City; The extent to which the proposal demonstrates the observance of the rules of safety and public health. 6. Submittal Requirements. a. Deadline. Receipt of responses to this RFP will be received no later than 2:00 p.m. on June 30, 1986 and must be delivered to and received by Merton Auger, City Administrator, City of Buffalo, 212 Central Avenue, Buffalo, Minnesota, 55313. Each applicant shall supply an original and three (3) copies of the response to the RFP. b. Security. Each applicant shall include a security deposit in the amount of $3,000.00. The security may be in Opm the form of a bond from a corporate surety license to do business in the State of Minnesota or a certified check drawn on a bank doing business in the State of Minnesota. The condition of the security shall be that the applicant shall not withdraw its proposal within sixty (60) days after the deadline for the submission of the responses. All security deposits, except the deposits of the successful contractor, shall be returned sixty (60) days after the deadline for submitting proposals. The security deposit of the successful contractor shall be returned upon acceptance of the obligations under the license by the successful contractor. In the event a successful contractor fails to agree to accept the obligations under the contract, the security will be declared forfeit and retained by the City. c. Company Name. If the proposal is made by a partnership, the name and post office address of the partnership, a list of the partners, and the signature of one (1) of the partners must be included. If made by a corporation the proposal must indicate the name and the state of incorporation and the post office address. In the event a proposal is made by a consortium of garbage haulers information must be provided as above described for all members of the consortium together with the name of the manager or other persons selected by the consortium who has authority to make all final decisions. d. Conference. There will be a conference at the City offices for all interested applicants to review the RFP on -8- July 1, 1986 at 9:00 a.m. Representatives of the City will be present at that meeting to answer questions. All answers given orally at such meeting will be nonbinding. Changes or clarifications in the RFP are valid only if made in writing and mailed or delivered to all perspective respondents. e. Errors and Omissions. The following submission of the responses, the City will not accept any change or correction of alledged errors or omissions, but the City reserves the right to interview any applicant to obtain clarifications of ambiguities found in the response. During these interviews, only clarifications will be sought and those substantive changes will be permitted. f. Privacy. Information supplied by the applicant to the City is subject to the Minnesota Government Data Practices Act, Minnesota Statutes Section 13.01, et seq. Such information shall become public unless it falls within one of the exceptions of the Act such as security information, trade secret information, labor relations information, or the like. No information falling within the exceptions will be treated as confidential unless it is so identified by the applicant. The City assumes no responsibility under any circumstances for any loss or damage which may result from a breech of confidentiality during review of the responses. g. Good Faith. The City is soliciting proposals in good faith with the intention of issuing a contract as stated herein. The City reserves the right to reject any and all responses and will do so if the response does not conform to M119 the requirements of the RFP, if the applicant misstates or conceals material facts in the response, or if the response of security is not provided. In order to be deemed a valid response, the applicant must complete all elements of the form of response attached hereto as Appendix II. -10- ADDENDUM TO AGREEMENT THIS AGREEMENT, made and entered into this o t h day of a n,,,, 1987 by and between the City of Buffalo, a municipal corporation in the County of Wright, State of Minnesota (hereinafter referred to as "City"), and Gerald D. La Plant (hereinafter referred to as "Contractor"), WHEREAS, City and Contractor have entered into an Agreement dated l Ju-' , 1986, whereby Contractor has agreed to collect, haul and dispose of garbage and refuse within the City of Buffalo in accordance with the terms and conditions therein stated; and WHEREAS, due to an unforeseen change in economic circumstances pursuant to said Agreement, Contractor desires to amend its agreement with City and City is willing to amend said agreement upon the terms and conditions hereinafter stated; NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties hereto agree to amend the above -described agreement in the following respects: 1. Page 1 under the heading "The City Agrees:", paragraph 1, shall be amended to read as follows: "To pay the Contractor, as a consideration for the full and faithful performance of this contract, the sum of $6.05 per unit per month for 1,667 residential units which shall be changed on an annual basis as needed. The Contractor shall faithfully perform this agreement, and that such payment shall be made upon the Contractor presenting to the City at the end of each month a verified account for services performed. It is further agreed that $135.00 per month also be paid for the collection at all City parks, and that the Airport be serviced weekly at $29.00 per month, and that the Civic Center be serviced twice a week at $65.00 per month, and that the Liquor Store be serviced threEtimes a week at $80.00 per month." 2. Page 4 of the Request for Proposals document, paragraph 3(e) shall be amended to read as follows: "Volume of Weekly Collection. The RFP shall contain a rate for collection in covering each of the following options: (i) Maximum Established: The garbage hauler(s) shall pick up not to exceed three (3) containers of garbage of a maximum size of 32 gallons from each dwelling unit on a specific day each week. In the event dwelling unit occupants request pick-up of up to an additional two (2) containers per week, the garbage hauler shall be permitted to directly charge said individual dwelling unit's occupants $3.00 dollars per month. The City shall neither by invoiced or responsible for payment for such additional services. If the occupants of an individual dwelling unit request garbage hauling services in excess of these provisions, the following paragraph shall apply:" 3. Page 2 of the Request for Proposals, paragraph 3(1) shall be amended as follows: "1) The garbage hauler(s) shall collect the residential garbage on a given day each week and dispose of it in a legal and environmentally safe manner in accordance with all applicable government regulations, goals, policies, and permits. The garbage hauler shall maintain an accurate record of the total cubic yards and weight of each load transported to a dumping site and shall provide the City with copies of said records on a monthly basis." The remaining provisions of the agreement and attached provisions thereof -, shall continue in full force and affect during the duration of the Agreement. 4082T CITY OF BUFFALO BY ITS: CONTRACTOR 'C�e_raTd D. LaP ant -2- INCOME RECEIVED OCTOBER 19, 1987 SEWER ACCOUNTS $ 1,528.30 REGISTERED CLOSERS 7,492.98 MINNESOTA TITLE 7,193.88 REGISTERED CLOSERS 8,302.46 REGISTERED CLOSERS 8,302.46 152 CLUB 800.00 ALBERTVILLE LION'S CLUB 25.00 ALBERTVILLE JAYCEES 25.00 WRIGHT TITLE GUARANTEE CO. 7,193.88 REGISTERED CLOSERS 65.25 SUBTOTAL $ 40,929.21 BILLS TO BE PAID OCTOBER 19, 1987 COMMISSIONER OF REVENUE $ 867.00 (STATE QUARTERLY TAX WITHHOLDINGS) MAUREEN ANDREWS 535.40 MAUREEN ANDREWS KEN LINDSAY 29..52 685.00 KEN LINDSAY 102 .53 MIKE MERGES 142 42.00 LORI RODEN U.S. POST OFFICE . 133.42 PERA WRIGHT CO. AUDITOR/TREASURER 1,688.12 (REPLACEMENT CHECK) 10.00 PERA 188.60 CROW RIVER NEWS 1,250.00 MN POLLUTION CONTROL AGENCY 109.61 KILLIAN HARDWARE 982.50 ROBERT MILLER 173.24 HACKENMUELLER'S INC. 83.27 CHOUINARDS 5,564.00 GRUYS, JOHNSON AND ASSOCIATES 151.40 FEED -RITE CONTROLS, INC. 668.00 ROBERT MINKEMA 223.01 COMMUNICATION AUDITORS 16.34 SIMONSON LUMBER SUBTOTAL $ 13,940.63 CITY OF MEDINA '�' SEP 1961 REQUEST FOR PROPOSALS FOR COLLECTION AND DISPOSAL OF RESIDENTIAL GARBAGE UNDER LICENSE FROM THE CITY OF MEDINA 1. Introduction and General Information. The City of Medina (Crity) is a Minnesota municipal corporation consisting of 27 square miles with a population of approximately 2,850 persons. There are approximately 900 dwelling units in the City, some of which are located in three distinct urban neighborhoods and the remainder being located in small subdivisions and isolated dwellings in a semi -rural setting. The dwelling units have been divided into three districts as described in Appendix 1. The City's objective is to license a single garbage hauler to collect and dispose of residential garbage from each dwelling unit in the district on a single day each week. The collection and disposal of garbage generated by commercial and industrial operations is not contemplated by the license. The City is issuing this Request for Proposal (RFP) for the purpose of soliciting garbage haulers interested in becoming the exclusive licensee for one or more of the districts described on Appendix 1. The relationship between the City and the garbage hauler(s) selected will be that of licensor and licensee. It is contemplated that the licensee(s) will contract with the owner or occupant of each dwelling unit in the City for the collection and removal of residential garbage in return for a monthly or quarterly charge for the collection and disposal service. Unacceptable garbage as marked in Appendix 3 shall not be picked up. The function of the City will not extend beyond the selecting of the licensee(s) and establishing the conditions of license. 2. Purpose of Licensing. The purpose of licensing the garbage haulers is to provide a system for the collection and disposal of garbage in a timely, orderly and economical fashion which will comply with the statutes and policies of the State of Minnesota, the Metropolitan Council, and the County of Hennepin with respect to: a) the abatement of the use of landfills for unprocessed waste; b) reduction in waste generated; c) separation and recovery of materials and energy from waste; d) reduction in indiscriminate dependence on disposal of waste; e) coordination of solid waste management among political subdivisions; f) orderly and deliberate development and financial security of waste facilities including disposal facilities; 3 g) Hennepin County Ordinance No.�)�Y�ntitled Solid Waste Designation Ordinance; h) the Hennepin County Comprehensive Solid Waste Master Plan; i) the Comprehensive Solid Waste Management Plan of the Twin Cities Metropolitan Council. It is the City's further purpose to accomplish these state, metropolitan, and county goals while minimizing wear and damage to the streets, roads and private drives within the City, the culverts, drainage ways and other public transportation facilities and to accomplish these goals at the minimum possible cost to the citizens of the City. 3. The Garbage Haulers' Responsibility Under License. 2 The garbage hauler(s) licensed by the City shall operate under a license containing, but not limited to, the following conditions: 1) the garbage hauler(s) shall collect the residential garbage on a given day each week and dispose of it in a legal and environmentally safe manner in accordance with all applicable government regulatiozis, goals, policies, and permits; 2)"the garbage hau.ler(s) shall provide and maintain all necessary equipment and shall provide all personnel necessary to perform all conditions of the license; 3) during the term of the license the garbage hauler(s) shall charge the rate for collection from each dwelling unit which is set forth in the garbage hauler's response to this RFP, subject to the following: a. Renegotiation. At such time as the Hennepin County Designation Ordinance becomes effective, requiring the hauling of garbage to the county transfer stations, resulting in substantially higher tipping fees, the garbage hauler(s), at their/its option, may request a renegotiation of t'he rate; the City, at its option, may issue a new RFP; 2 b. Billing and Collecting. It shall be the responsibility of the garbage hauler(s) to bill and collect charges for garbage collection from the owner or occupant of each dwelling unit within the district and the City will bear no responsibility for that contractual relationship; c. Performance Bond. The garbage hauler(s) shall post a r performance bond to guarantee full compliance and performance in accordance with the license and conditions; d. Complaints. The garbage hauler(s) shall establish and maintain an office with a telephone, shall provide the telephone number to each dwelling unit and shall receive calls during not less than four hours per day Monday through Friday and shall log all complaints about the collection of garbage and the garbage hau.ler's response to such complaint; 3 ,11 2 e. volume of weekly Collection. The RFP shall contain a rate for collection covering each of the following options: (i) Maximum Established: The garbage hauler(s) shall pick up not to exceed three containers of garbage of a maximum size of 32 gallons from each dwelling unit on a specific day each week; (ii) No Maximum Established: The garbage hauler(s) shall pick up an unlimited number of containers of garbage of a maximum size of 32 gallons from each dwelling unit on a specific day each week; (iii) Dempster Service: The garbage hauler(s) shall pick up no more than one dumpster of garbage of a size stated in the Response to this RFP, from each dwelling unit on a specific day each week, if such service is requested. f. Additional Services. The garbage hauler(s) shall provide as an additional service at an additional cost to be separately stated in the response to this RFP, for the removal of those commonly discarded household items which exceed, in size, bulk, or weight, the maximum amount of weekly garbage described in condition 3e; state whether this service can best be provided by you as part of your weekly garbage service or as part of an annual "spring clean up", or both. If both are roposed, state the rate and billing method for each. g. Collection Points. The garbage hauler(s) shall collect the garbage from a location in or near the automobile garage of each dwelling unit unless: I. The owner or occupant elects to place the garbage for collection at the intersection of the street and driveway; 2. In the event the driveway of the dwelling unit . cannot be negotiated with a garbage truck by reason of its excessive length, physical construction, or other reason, the garbage hauler(s) may elect to require that the garbage containers be placed for collection at the intersection of the driveway and street, which election may be overruled by the City Council or its representative. h. Insurance. The garbage hauler(s) shall provide public liability insurance, including general liability, automobile liability, and loading and unloading liability with the following minimum coverages: Bodily and personal injury liablity in the amount of at least $300,000.00 for injury or death of any one person in any one occurrence; 2. Bodily and personal injury liability in the amount of at least $500,000.00 for injury or death arising out of any one occurrence; 3. Property damage liability in the amount of at at least $100,000.00 for any one occurrence. i. Indemnity. The garbage hauler(s) shall take all precautions necessary to protect the public against injury and shalt defend, indemnify, and hold the City harmless from any liability, costs of defense, claims, damages, costs, judgments, or other expenses which may arise by reason of any claim for bodily or personal injury or property damage, disease or death resulting directly or indirectly from an act or omission of the garbage hauler(s). j. Equipment Maintenance. All equipment used for collection of garbage shall be enclosed or securely covered with no open loads permitted, shall be kept free of leaks and in good repair and safe operating condition. The garbage hau.ler's official company name together with the appropriate telephone number shall be printed or painted in legible letters not less than four inches in height on both sides of all pieces of equipment used to collect garbage. 4. Schedule of Council Review. The actions to be taken by the City Council of the City of Medina and staff in furtherance and completion of the licensing of garbage hauler(s) is as follows: a. Approval of the RFP February 4, 1986; b. Final correction and issuance of the RFP and publication of notice February 11, 1986; C. Staff meeting with interested garbage hauler(s) to review RFP February 25, 1986; d. Deadline for garbage hauler(s) to submit a response March 4, 1986; e. Staff review and recommendation March 11, 1986; f. City Council approval March 18, 1986; 6 g. Acceptance of license and commence operations April 1, 1986. The City Council shall direct the City Clerk to publish a notice in the official newspaper and may, direct notice to be published in one or more additional publications substantially in the following form: City of Medina Notice to Garbage Haulers Notice is hereby given that the City Council of the City of Medina will issue a request for proposals for the exclusive licensing of one or more garbage haulers to provide once weekly collection and disposal of garbage from all residential dwelling units in the City of Medina. A written request for proposals may be obtained at the City Hall, City of Medina, 2052 County Road 24, City of Medina, on and after February 11, 1966. Written responses to the request for proposal will be accepted no later than 4:00 p.m. on March 4, 1986. 5. Evaluation and Selection of Licensee. The objective of this RFP is to select the garbage hauler(s) whose response best meets the several needs, goals, and policies of the City, within the framework of state, metropolitan, and county regulations and policies. The specific criteria which will be used include, but are not limited to, the following: The reliability, efficiency and convenience demonstrated in in the garbage hauler's response; The protection of the environment; The preservation of the roads, streets, drainage facilities and other public works within the City; O The convenience of the public being served by the garbage hauler(s) and the efficiency of public travel; The cost to the citizens and to the City; The extent to which the proposal demonstrates the observance of the rules of safety and public health; 6. Submittal Requirements. a. Deadline. Receipt of- responses to this RFP will be received no later than 4:00 p.m. on March 4, 1986 and must be delivered to and received by Donna Roehl, City Clerk/ Treasurer, City of Medina, 2052 County Road 24, (mailing address), Hamel, Minnesota 55340. Each applicant shall supply an original and seven copies of the response to the RFP. b. Security. Each applicant shall include a security deposit in the amount of $3,000.00. The security may be in the form of a bond from a corporate surety licensed to do business in the State of Minnesota or a certified check drawn on a bank doing business in the State of Minnesota. The condition of the security shall be that the applicant shall not withdraw its proposal within sixty (60) days after the deadline for the submission of responses. All security deposits, except the deposits of the successful licensees, shall be returned sixty (60) days after the deadline for submitting proposals. The security deposit of the successful licensees shall be returned upon acceptance of the obligations under the license by the successful licensees. In the event a successful licensee fails to agree to accept the obligations under the license, the security will be declared forfeit and retained by the City. C. Company Name. If the proposal is made by a partnership, the name and post office address of the partnership, a list of the partners, and the signature of one of the partners must be included. If made by a corporation the proposal must indicate the name and the state of incorporation and the post office address. In the event a proposal is made by a consortium of garbage haulers, information must be provided as above -described for all members of the consortium together with the name of the manager or other person selected by the consortium who has authority to make all final decisions. d. Conference. There will be a conference at the City offices for all interested applicants to review the RFP on February 25, 1986 at 9:00 a.m. Representatives of the City will be present at that meeting to answer questions. All answers given orally at such meeting 7 ^ will be non -binding. Changes or clarifications in the RFP are valid only if made in writing and mailed or delivered to all prospective respondents. e. Errors and Omissions. Following submission of the responses, the City will not accept any change or correction of alleged errors or omissions but the City reserves the right to interview any applicant to obtain clarifications of ambiguities found in the response. During these interviews, only clarifications will be sought and no substantive changes will be permitted. f. Privacy. Information supplied by the applicant to the City is subject to the Minnesota Government Data Practices Act, Minn. Stat. S 13.01 et. seq. Such information shall become public unless it falls within one of the exceptions of the Act such as security information, trade secret information, labor relations information, or the like. No information falling within the exceptions will be treated as confidential unless it is so identified by the applicant. The City assumes no responsibility under any circumstances for any loss or damage which may result from a breach of confidentiality during review of the responses. g. Good Faith. The City is soliciting proposals in good faith with the intention of issuing licenses as stated herein. No contract rights, express or implied, are conferred or will be conferred on any applicant, including the eventual licensees. The City reserves the right to reject any and all responses and will do so if the response does not conform to the requirements of the RFP, if the applicant misstates or conceals material facts in the response, or if the responses security is not provided. In order to be deemed a valid response, the applicant must complete all elements of the Form of Response attached hereto as Appendix 2. I APPENDIX 1 r FORM OF RESPONSE TO RFP 1. Use of this Form. This form is provided to assist the applicant and to serve as a checklist. This form is not part of the, Request for Proposal (RFP) and to the extent the requirements of this form differ from the requirements of the RFP, the RFP is controlling. It is the responsibility of each applicant to provide all information which the applicant deems necessary and desirable to comply with all of the requirements of the RFP. Attach additional numbered, sheets if more space is needed. a. State the name and title of the person preparing this response to the RFP. b. State the name, address, telephone number, type of organization (corporation, partnership, proprietorship, etc.) of the applicant and length of time the applicant has engaged in the business of hauling garbage. Include in addition, any information which you wish the City Council to know about the applicant. C. State the district or districts in which you propose to collect garbage. d. For each district in which the applicant proposes to operate, describe the route which will be followed, the weekday upon which collections will be made, and the approximate length of time collections will take in each district. e. Describe each piece of equipment the applicant will lk- use, including size, weight, axels, style of compactor, etc. APPENDIX 2 a f. State the number of employees who will have some responsibility for your Medina operations and a brief job description of each class of employee. ng. State the rate per for collection dwelling unit you intend to charge and additional disposal as well as the rate for services--(e.g., the collection of .large appliances or the travel upon excessively long or _ difficult driveways, etc.) h. State the maximum length of time for which your rate structure will continue to be effective. i. Describe your billing system including frequency, late payment penalty, collection method for delinquent accounts and any other information you deem pertinent. j. State the name of the company, and the name, address, and telephone number of the agent: of the supplier of your liability insurance, worker's compensation insurance, surety for your performance bond, and surety for your security deposit. k. State how you presently handle complaints and inquiries from your present customers. APPENDIX 2 1. Do you claim that any of the information which you are submitting is confidential within the Minnesota Governmental Data Practices Act? If so, state the reasons, within the terms of the statute, that you deem this information to be confidential. m. Describe any and all difficulties which you foresee in serving specific dwelling units within each district for which you are making application and state whether or not you will provide collection service at the garage of such dwelling unit at your standard rate. Tom Anderson Mayor City of Medina 2052 County Road 24 Hamel, Minnesota 55340 Dear Mr. Anderson: We have reviewed the Request for Proposal for Collection and Disposal of Residential Garbage Under License from the City of Medina and we hereby submit our response to the RFP. We represent to the City that we intend to accept the conditions of the license if we are the successful licensee and that we will faithfully collect and dispose of residential garbage during the period of the license. We represent to the City that we have the necessary personnel, training and equipment to collect and dispose of residential garbage within the district or districts we have designated. Further, to the best of our knowledge, all representations which we have made in this response to the RFP are truthful and accurate. Dated: Signature of the preparer of this response. Signature of the or other person final decisions to the RFP. owner, manager, responsible for all on the response APPENDIX 2 Unacceptable Garbage: Unacceptable garbage includes, but is not limited to, hazardous waste as defined in Minnesota Statutes, Section 116.06, subd. 13 (1984), as amended, and the Resource Conservation and Recovery Act, 42 U.S.C: 6903 (5); hazardous waste of any kind or nature, such as explosives, radioactive materials, cleaning fluids, crankcase oils, cutting oils, paints, acids, caustics, poisons, drugs, or other material that would be likely to pose a threat to health or public safety; pathological and biological wastes; hot ashes, foundry sand; sanitary sewage and other highly diluted water -carried materials or substances; all sludges, including sewage sludge and septic and cesspool pumpouts; human and large animal remains; .large quantities of non -burnable demolition debris; street sweepings; mining waste; construction debris, trees, agricultrual waste (manure) and tires; and waste which was generated outside of the City. APPENDIX 3 It CHAMPLIN CITY COUNCIL TUESDAY, AUGUST 25, 1987 CHAMPLIN CITY HALL 7:00 P.M. ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES: August 11, 1987 Worksession August 11, 1987 - Regular Session APPROVAL OF BILLS 1. Presentation of Plaque to Mik-Lyn Electric and Video Island for Support of BMX Program 2. Report on Porter Drive Alignment Issue PUBLIC HEARINGS 3. Resolution of Intent to Establish an Organized Garbage Collection System 4. Resolution Vacating the Unimproved Portion of 117th Avenue Lying West of Cavell Avenue: Cowles Media UNFINISHED BUSINESS 5. Request to Waive Street Right -of -Way Dedication Requirements for Metes and Bounds Subdivision: Mrs. Elizabeth Hoskins 6. Resolution Approving Revised Contract for Brooklyn Heights Public Improvements 7. Change Order No. 3 for Improvement Project Nos. 85-2A, 3A, 4A: West River Road NEW BUSINESS 8. Final PUD Plan and Final Plat Approval for Southpond at Elm Creek housing Development 9. Conditional Use Permit to Operate a Pizza Restaurant in a C-2 Zoning District for Property Located at 11636 Winnetka Avenue: Mr. Duane Lundeen 10. Zoning Variance to Encroach 14 Feet Into the 100 Foot Critical Area Building Setback from the River for Property Located at 11548 Mississippi Drive: Paul and Judith Dorwart 11. Site Plan Approval for High Noon Center, Located on Lot 2, Block 1, Champlin River Park South: Mr. George Rivera and Mr. Gartis Burkhardt 12. Variance to Encroach Into the 100 Foot Critical Area Building Setback from the River for Property Located at 11748 Mississippi Drive: Mr. John T. Schlanser 13. Comprehensive Land Use Plan Amendment: Old Town Area East of Highway 169, North of Sunset Drive, East of Colburn Street, and South of Richardson Avenue ` REQUEST FOR COUNCIL ACTION MDATE G 8-25-87 ENDA SECTION: ORIGINATING DEPT: Public Hearing Administration ITEM DESCRIPTION: PREPARED BY: I. Resolution of Intent to Establish an Organized Collection System Marilynn Corcora In ccmpl iance of and in accordance with legislation passed during the 1987 Legislative session (House File 794, Chapter 348) a Public Hearing has been scheduled, and a Resolution of Intent to establish a system of organized collection of solid waste has been drafted. 7he law states that Local units of government may organize collection as a municipal service, franchise license, negotiated or bidded contract, or other means, using one or more collectors or organization of collectors (Subdivision 3a) This provision is in response to the challenge of anti-trust brought forth in 1985. Subdivision 4a states that the following order of events must be observed: 1. Public Hearing must be held with two weeks prior notice. 2. Resolution of intent must be adopted by the City Council. 3. After the Resolution of Intent is adopted, there is a 90 day waiting period prior to proposing an ordinance, franchise, license, contract or other means of collection. During the 90-day waiting period, and before proposing a method of organized collection, the City shall develop or supervise the devel opnent of plans or proposals for organized collection. The Energy Commission researched organized collection extensively, and has recommended the licensing of a single garbage collection contract and a single recycling contractor. This is in line with the reazm-nendations of both the Metropolitan Council and the Hennepin County Solid Waste Master P1 an. June 11, 1985 Public Hearing to consider feasibility of licensing of a single contractor for sanitation services. October 3, 1985 Energy Camission met with haulers working in the City to obtain input and identify and address issues. November 14, 1985 Special Session of City Council to continue Public Hearing f ran June 11, 1985. March 3, 1986 Meeting with haulers working in the City to discuss formation of consortium (See RCA dated 5-27-86). April 14, 1987 City Council passed Resolution Supporting Proposed Legislation Regarding Organized Collection of Solid Waste. May, 1987 Legislation passed by both the House and Senate and signed into law which should eliminate the anti-trust issue. The Energy Oxudssion continues to support the organized collection system, and recommends that the City Council proceed with implementation of the System. It is suggested that upon adoption of the Resolution of Intent, negotiations proceed and a contract be developed that, after 90 days, can be adopted by Ordinance and implemented by January, 1988. August 25, 1987 - Public Hearing and Resolution of Intent December 8, 1987 - Ordinance Adopted January 4, 1988 - Organized Collection System Implemented A.Lan by City Ad„ai;ii:ru:cr "..17 17 f Councilmember introduced the following resolution and moved its ' adoption: RESCLWION 87- Menne)z evelIV421baks!, a m2y"o to) =k was Inaux0ft WHEREAS, the Metropolitan Council and Hennepin County Solid Waste Master Policy Plans call for rapid development of recycling and other forms of resource recovery in place of landfills, and WHEREAS, organized garbage collection is essential for development of a curbside recycling program, and WHEREAS, current landfill sites are at or near capacity and new landfills are severely limited in number, and WHEREAS, the City of Champlin currently has multiple garbage collectors duplicating service on City streets which cause deterioration of streets, and produces additional traffic and redundant noise which detracts from the safety and welfare of the oartaLunity, and WHEREAS, organized collection would benefit the taxpayers since collection costs are anticipated to be lower, and reducing the number of garbage trucks on streets will reduce maintenance costs, and WHEREAS, organized garbage collection will benefit the waste haulers by providing more efficient and econamical operations. NCW, THEREFORE, BE IT RESCLVED by the Champl in City Council that it is the intent of the City to estahlish a system of organized collection of solid waste. 7he motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was this day of , 1987. Wm. G. Haas, Jr., Mayor Jo Anne M. Brawn, City Clerk AN ACT .�3 ' Y Distributed By SeC; etary of the SENATE R-om 231, State Capitol St. Paul, 296-2343 1 A F. :L-194— CHAFTER No. F-3 4 8 2 relating to waste management; regulating disposal of 3 wastes; providing for a solid waste management policy; 4 providing for recycling policy and marketing; managing 5 household hazardous wastes; regulating the sale and 6 disposal of motor oil and lead acid batteries; 7 providing for waste pesticide collection; a appropriating money; amending Minnesota Statutes 1986, 9 sections 115A.03, subdivisions 9 and 21; 115A.06, 10 subdivision 14; 115A.11, subdivision 2; 115A.15, 11 subdivision 6; 115A.152; 115A.154; 115A.156, 12 subdivisions 1, 2, and 5; 115A.158, subdivisions 1 and 13 2; 115A.42; 115A.45; 115A.49; 115A.51; 115A.52; 14 115A.53; 115A.54, subdivision 2a; 115A.81, subdivision 15 2; 115A.921; 115A.95; 116.07, subdivision 4b; 116.41, 16 subdivision 2; 116M.07, by adding a subdivision; 17 176.011, subdivision 9; 239.09; 239.52; 325E.11; 18 473.149, subdivisions 2d and 6; 473.803, by adding a 19 subdivision; 473.834, subdivision 2; 473.842, 20 subdivision 2; 473.844, subdivisions 1 and 4; and �l 473.846; Laws 1984, chapter 644, section 85; proposing 22 coding for new law in Minnesota Statutes, chapters 23 115A; 239; 325E; and 473; repealing Minnesota Statutes 24 1986, sections 115A.13; 115A.43; 115A.44; 473.834, 25 subdivision 3; and 473.844, subdivisions 2 and 5. 26 27 DE IT E.W►CTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 28 Section 1. Minnesota Statutes 1986, section 115A.03, 29 subdivision 9, is amended to read: 30 Subd. 9. "Disposal" or 'dispose" means the discharge, 31 deposit, injection, dumping, spilling, leaking, or placing of 32 any waste into or on any land or water so that the waste or any 33 constituent thereof may enter the environment or be emitted into 34 the air, or discharged into any waters, including ground waters. 35 Sec. 2. Minnesota Statutes 1986, section 115A.03, B.F. No. 794 1 section may be enforced by the acency pursuant to section 2 115.071. 3 Sec. 26. Minnesota Statutes 1986, section 115A.921, is 4 amended to read: 5 115A.921 [CITY OR TOWN FEE AUTHORITY.) 6 A city or town may charge impose a fee, not to exceed iS 25 7 cents per cubic yard of waste, or its equivalent, of-30.:a-.cafe 8 accepted-end-dispeged-of on inhdT-to operators of facilities for 9 the dispcsal of mixed municipal solid waste located within the 10 city or town. The revenue from the fees shaii-go must be II11 credited to the city or town general fund and used only for 12 purposes of landfill abatement or for purpcses of mitigating and ( landfill 13 compensating for the local risks, costs, and other adverse �j• 14 effects of facilities. Waste residue from energy and resource 15 recovery facilities at which solid waste is processed for the 16 purpose of extracting, reducing, converting to energy, or 17 otherwise separating and preparing solid waste for reuse shall 18 be exempt from one-half the amount of the fee imposed by a city 19 or town under this section if there is at least an 85 percent 20 volume reduction in the solid waste processed. Before any fee �.,.'. 21 is reduced, the verification procedures of section 473.843, 22 subdivision 1, paragraph (c), must be followed and submitted to 23 the appropriate city or town. 24'\ Sec. 27. (115A.941 [ORGANIZED COLLECTION.) i 25 Subdivision 1. [DEFINITION.] "Orcanized ccllection" means 26 a system for collectinc solid waste in which a specified 27 collector, or a member of an orcanization of collectors, is 28 authorized to collect f:om a defined ceocraphic service area or 29 areas some or all of the solid waste that is released by 30 generators for ccllection. 31 Subd. 2. (LOCAL AU:'HORITY.I A city or town may orcanize 32 collection, after public notification as recuired in subdivision 33 4. A county may orcanize collection as provided in subdivision 34 5. 35 Subd. 3. (GENERAL PROVISIONS.] (a) The local government 36 unit may orcanize collection as a municipal service or by 16 S.F. No. 794 1 ordinance, franchise, license, negotiated or bidded contract, or 2 other means, using one or more collectors or an organization of 3 collectors. 4 (b) The local government unit may not establish or 5 administer orcarized collection in a manner that im airs the 6 preservation and development of recycl nc and markets for 7 recvclable materials. The local government unit shall exempt 8 recyclable materials from organized collection upon a showing by 9 the generator or collector that the materials are or will be 10 separated from mixed municipal solid waste by the cenerator, 11 separately collected, and delivered for reuse in their oricinal 12 form or for use in a manufacturinc process. 13 (c) The local ccvernment unit su v invite and emp'ov the 14 assistance of interested persons, including persons operating 15 solid waste collection services, in develominc plans and 16 proposals for orcanized collection and it establishing the 17 organized collection system. 18 (d) Orcanized collection accomplished by contract or as a 19 municipal service may include a recuirement that all or any 20 portion of the solid waste, except (1) recyclable materials and 21 (2) materials that are processed at a resource recovery `acuity 22 at the camacity in operation at the time that the regvirement is 23 i=csed, be delivered to a waste facility ;dent fied by the 24 local ccvernment unit. In a district or county where a resource 25 recovery facility has been desicn.ated by ordinance under sec:icn 26 115A.86, orcanized collection must conform to the reauiremen•s 27 of the desicnation ordinance. 28 Subd. 4. (CITIES AND TOWNS; IOC^;CE; PLANNING.) (a) At 29 least 90 days before proposing an crdirznce, franchise, license, 30 contract or other means of orcanizir,z collection, a city or 31 town, by resolution of the covernirc trdv, shall announce its 32 intent to organize collection and ir.,i•e the participation of 33 interested persons in planning and et:ablishinc the orcanized 34 collection system. 35 jb) The resolution of inter.t m.z- pe adocted after a public 36 hearinc. The hearinc must be held a: ;east two weeks after 17 a.c .w. i7• 1 public notice and mailed notice to persons known by the city or 2 town to be oceratino solid waste collection services in the c_tv _ 3 or town. The failure to give mailed notice to persons or defect 4 in the notice does not invalidate the proceedings, provided a S bona fide effort to comely with notice regui:ements has been 6 made. ' 7 (c) During the 90 day period following the resolution of a intent, and before proposing a method of organizing collection, 9 the city or town shall develop or supervise the development of " 10 plans or proposals for organized collection. " 11 (d) Coon request, the city or town shall provide mailed 12 notice of subsequent proceedings on the organization of ' 13 collection in the city or town. 14 - Subd. 5. (COUNTY ORGANIZED COLLECTION.] (a) A county may 15 by ordinance require cities and towns within the county to 16 organize collection. Organized collection ordinances of 17 counties may: require cities and towns to require the separation and 19 separate collection of recyclable materials; 20 (2) specify the material to be separated; and 21 (3) require cities and towns to meet any performance . - 22 standards for source separation that are contained in the ccur.:y 23 solid waste plan. _ 24 (b) A county may itself orcanize collection in anv c'_tv or 25 town that does not comply with a county orcanized collection 26 ordinance adcoted under this subdivision, and the county may 27 implement, as cart of its orcanized collection, the seu:ce 28 separation p:oe:am and performance standards required by its 29 orcanized collection ordinance. 30 Sec. 28. Minnesota Statutes 1986, section 115A.95, is 31 amended to read: 32 115A.95 (RECYCLABLE MATERIALS.] 33 A resource recovery _facility that is ccmpcstinc waste, 34 burning waste, or converting waste to energy or to materials for 35 combustion, and is owned or operated by a public agency or 36 supported by public funds or by obligations issued by a public 18 UTTER TO READERS CHAMPLIN/DAYTON PRESS Dear Champlin Citizen, Week of August 17 issues The City of Champlin has indicated a strong interest in an ORGANIZED COLLECTION SYSTLS for solid waste, in response to both the Metro Council and Hennepin County Solid Waste Master Plans. The city is currently served by an open system where each resident contracts for their own service and billing is between the hauler and household. ORGANIZED COLLECTION can be achieved by taking one of the following directions; 1. The City could go out for bid and award the entire hauling contract to one company with the City billing for the services. 2. The City could purchase collection equipment, hire personnel and get into the hauling business themselves. 3. The present companies hauling within the city (8) could form a consortium or corporation, and together negotiate a contract with the city, with each hauler servicing their fair percentage of the households, but working within a specific zone or region of the city. Both options #1 and #2 would put.1the smaller, independent hauler out of business. Option #3 would insure that we, -the in companies, would be kept in business, and thru the contract, the resident would be assured of consistant service and rates. The collection of garbage and recyclables would be billed thru the city as.a utility. Several haulers in your city support OPTION #3 Please Support our efforts to keep working and let the City Council know of your support by calling 421-8064. or by attending the Public Hearing Aug. 25 at 7:00 p.m. Thank You -- We look forward to our continued service. Your Garbage Haulers Dean Worden - Ace Sanitation ZL LeRoy Lanouc- Peterson Bros. Kurt Corrow - Corrows Sanitation and members of Champlin Refuse Inc. S U v i 11 be n-o u. 1a-b1e A�O��i Ora- Q ( -Olr 0-.� -1h -R the four alternatives which the Task Force is considering. He also discussed methods of paying for the Scoping Environmental Assessment Worksheet which is estimated to cost $24,000. The proposed cost -sharing method by the technical committee to the Task Force set Champlin's share of the cost at $2,250. Other entities sharing in the cost would be Anoka County, Hennepin County, Cities of Anoka, Brooklyn Park, Coon Rapids, Andover, Dayton and Ramsey. The Metropolitan Council is not included in the payment formula, but they will be providing the staff and would be the Responsible Governmental Unit. The study would be done by a consulting engineer. In order to proceed further, the Technical Committee will need: 1) Joint Powers Agreement. 2) Approval of the four sites, as well as the "No Build" option. 3) Approval of the Metropolitan Council as the Responsible Governmental Unit. 4) Approval of cost apportionment. Councilmember Johnson was also present at the Technical Committee meeting. He said the City will be asked to participate in the process of funding the scoping document. He expects it will take up to a year to complete the scoping document. This will be followed by an Environmental Impact Statement which could take another two to three years. Therefore, the time table for completion of another bridge to relieve the present situation would be a minimum of three to four years. He sees no real solution to the present traffic problems in the near future. The completion of the Highway 610 Bridge is expected to provide temporary relief, as will completion of the work on Ferry Street and Main Street in Anoka. He said the Council would be asked, in the next month or two, to decide if and to what extent it is willing to participate in the scoping document. PUBLIC HEARINGS solution of Intent is Mayor Haas stated that the Energy Commission of the City of Champlin has been working toward tablish an $clemiaed organized garbage collection for several years, and meetings and public hearings have been lleetion System held to provide input from residents and the garbage haulers. He said it has always been the intent of the City not to put the local haulers out of business, but to help them work more efficiently throughout the City and to reduce the wear and tear an local street while providing optimum refuse disposal to City residents. Mayor Haas introduced Ms. Marilyn Corcoran, Recycling Coordinantor, who said three people contacted her to voice their opinions an the organized collection issues. She asked that their calls be put into the record, as follows: - Donie Galloway, 608 Dayton Road (421-3248): In favor of Option ! 3 - Dominic Ehrmantraut, 804 Pleasant (421-8286): In favor of zoned collection system 43) - Jean Joslyn, 12106 Idaho (427-1415): Does not want government involvement. People should be able to hire whoever they wish. Wants to keep government out of our lives. Ms. Corcoran said there are several people present who would be willing and prepared to answer questions on methods and legislation. Mr. Pat Cullen, 11438 West River Road, said he has had the same garbage hauler for 30 years and has never had a complaint about his work. He felt it is a matter of the discretion of the individual homeowner to hire the hauler of his choice rather than having the City take it on and bill the residents. He felt it would be easier for an individual homeowner to discharge an incompetent refuse hauler than it would be to have to register a complaint with another agency. Mr. Chuck Kutter, a representative of Minneapolis Refuse, Inc., said that part of the negotiation with the member haulers would provide for handling complaints. He said when complaints are registered, they are taken care of within 24 hours or a penalty clause will be invoked. He said the MRI is currently averaging three to five complaints per day out of 62,000 homes. Ms. Carol Sendzik, 8006 -113th Avenue North, asked if a particular hauler would be pulled out of an area and replaced with someone else even if that hauler already had the majority of the customers in the area. Mr. Kutter replied that she might lose her present hauler, but there was also b'good chance that she would keep the same one. This is entirely dependent upon how the districts were set up. In any event, the quality of service should improve over what it has been in the past. He said the total contract for refuse collection will be negotiated between Champlin Refuse Inc. and the City, and districts will ne assigned to member haulers. Mayor Haas asked what the percentage of rate increase for refuse hauling had been in the City of Minneapolis over the past ten years since organized collection has been in effect. Mr. Kutter said cost increases are based on the Consumer Price Index. The current cost in - 3 - 08-25-87 CC - on the curb. R^ Mr. Kevin Nordby, Director of Recycling for Brown i Ferris Industries, said he thong strange that Champlin has decided to contract trash hauling without simultaneously proceeding with a more active recycling program. He felt these two are closely linked, an it would be logical for the City to investigate curbside recycling first. This would help to reduce the haulers costs. Mr. Nordby went on to enumerate concerns about organized collection he felt had not been considered. He said supervision would be expensive. He asked who would take the complaint calls. He questioned third party liability on the part of the City in the event anyone where injured by an act of any CRI hauler. He felt these are areas the City has not been considering. Me. Corcoran responded in part saying that the Energy Commission had not attempted to address recycling in concert with organized garbage collection. She said that Champlin has one of the most aggressive recycling programs within the Metropolitan area for its size, anc that it does utilize source separation. She asked the City Attorney to comment on the matter of third party liability in the event of accidents. The City Attorney stated that there will be adequate insurance protection. It is conceivable that the City of Champlin could be sued, but he did not expect recovery against the City as being likely. He did not anticipate an increase in City insurance premiums to result from entering into as contract for organized collection. He did not feel that liability would be an issue unless the City exhibited gross negligence, such as in allowing a company to participate which has a history of accidents and carelessness in its operation. Mr. Kutter said that MRI has entered into a "hold harmless" agreement with the City of Minneapolis to protect the City from exposure due to law suits arising out of garbage collection. Mr. Pat Cullen questioned whether the State law would require the City to actively solicit minority contractors to participate in the association. The City Attorney did not think this would be a requirement. Mr. Kutter said the contract would be negotiated among all haulers currently working within the City. If this includes any minorities, they would, of course, be invited to participate. They may choose not to participate, as some of the haulers have already done. Councilmember Johnson said he felt confident that the penalty clause built into the contract would provide for reasonable response to any complaints filed. He further stated his belief that the group of providers currently working in the City will be competent to fulfill the terms of the contract. Councilmember Simpkins said his hauler has not complained that organization is bad. The alternative of a single bid for providing service to the entire City would put all independent haulers out of business. Me. Joan Molenar, 11711 Douglas Drive, asked if it will cost the City considerably more in administrative fees to do the billing and collection for CRI. She felt the increased paperwork and personnel would result in higher bills. The City Administratorsaid it would not require increased computer capacity, but will result in more data entry and will generate some additional bills since not everyone who will be billed for garbage collection are receiving utility service. Councilmember Johnson suggested that if the haulers do not have to bear the expense of their own billing, it should result in a lower collection charge. Mr. Tad Korfe of 1 6 L Sanitation Service, Brooklyn Park, said his company is willing to do whatever is necessary to make the organization work. He felt he could not compete with large companies, such as BFI or Waste Management, to bid on a contract to serve the entire City. There was general discussion of the method in which the City will bill and collect for service. Mr. Laroue, of Peterson Brothers, Inc., described the method by which the City of Anoka has been handling billing for him during the past few years. This has helped to keep his costs down. Mr. John Malnatti questioned why the City should be billing residents and carrying the past due accounts. He feels this will damage the City's casn flow. Mayor Haas noted that late fees and interest would be charged, similar to present utility accounts. Long delayed payments will be certified on the real estate tax statement. - 4 - 08-25-87 CC Mr. Jim Crawford, 313 Garfield Avenue, said he has lived in Champlin for 41 years. He does not feel it would create a problem for him to have someone else collect his garbage. He expressed a preference for the organized system which would allow local haulers to continue operating in Champlin. Mrs. Alma Swanson, 7124 River Shore Lane, said she took an impromptu survey of her neighbors at the time she asked them to sign the petition on midge control. She determined the consensus of opinion to be that garbage collection should be left as it is, rather than organized collection. Mr. Ray Kangas, 11135 Xylon Avenue North, said the United States has a long-time tradition of competition. When the City starts legislating who can operate a business in a particular area of the City, the spirit of competition is destroyed. He felt competition stabilizes its own market and controls pricing. The company which does not do its business well at a reasonable price puts itself out of business. Mayor Haas pointed out that the association will regulate its own members which will result in lower rates. He said further that the Consumer Price Index is the deciding factor on rate increases. .iun Motion by Councilmember Johnson and seconded by Councilmember Simpkins to close the Public Hearing on an Organized Garbage Collection System. Voting in favor were Mayor Haas, Councilmembers Isom, Johnson and Simpkins. Voting against: none: Motion carried. Council discussion of the subject ensued. Councilmember Simpkins felt that the majority of the independent haulers in the City are in favor of organized collection, and it makes sense to have only one truck moving through a neighborhood, rather than five or six coming through on different days. He has received no complaints from independent haulers against the organization of collection. Councilmember Isom felt that organized garbage collection and recycling would complement each other. He felt this was a reasonable way to ensure that service levels and rate structures are maintained as much as possible. Councilmember Johnson said he is aware that the Energy Commission has been working on this matter for over a year and tried to cover all aspects. It recommends proceeding with organized collection. Recent legislation in the State has paved the way for crganized collection, and he sees it as a benefit to the community. Mayor Haas said he has confidence in the proposed system and feels it has the support of the haulers in the City. He said he would like to see a study regarding increased billing costs to the City, as well as have the City Attorney look into the insurance liability and explore the use of a "hold harmless" agreement. The City Administrator said the cost of billing will be discussed at the budget hearings. solution 87-150 Councilmember Johnson introduced the following Resolution and moved its adoption: RESOLUTION OF INTENT TO ESTABLISH A SYSTEM OF ORGANIZED COLLECTION OF SOLID WASTE. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Simpkins, and upon vote being taken thereon, the following voted in favor thereof: Mayor Haas, Councilmembers Isom, Johnson and Simpkins, and the following voted against the same: none, whereupon said Resolution was passed this 25th day of August, 1987. :ems Mayor Haas called a recess at 8:35 p.m. The meeting reconvened at 8:50 p.m. solution Vacating the The Community Development Director said it was a condition of the final approval of the Elm improved Portion of 117th Creek PUD Phase 1 that the 117th Avenue right-of-way lying west of Cavell Avenue be vacated. enue Lying West of Cavell The road right-of-way was originally platted but never utilized and not intended to be enue: Cowles Media utilized in conjunction with the new plat. It is suggested that the City retain utility and drainage easements over that property, but that the land be vacated. solution 87-151 Councilmember Johnson introduced the following Resolution and moved its adoption: RESOLUTION APPROVING THE VACATION OF -AN EASEMENT FOR PUBLIC ROAD PURPOSES PURSUANT TO THE PETITION OF COWLES MEDIA COMPANY. The motion for the adoption of the foregoing Resolution was duly seconded by Councilmember Simpkins, and upon vote being taken thereon, the following voted in favor thereof: Mayor Haas, Councilmembez8 Isom, Johnson and Simpkins, and the following voted against the same: none, whereupon said Resolution was passed this 25th day of August, 1987. UNFINISHED BUSINESS cons Reading and Mr. Rohif Warden addressed the Council. He is the attorney representing Mr. Ewald Peterson, option of Ordinance owner of the property located at 12220 West River Road. Mr. Warden reiterated that the application to rezone was brought by the City of Champlin, and that no particular interest zoning Property Located in favor or against the rezoning. Me 12220 West River Road was shown by other residents of the neighborhood om C-2 to R-2 briefly summarized the history of the property. - 5 - 08-25-87 CC and agency accountability by providing citizens outside the agency with a condensed, accessable, and graphic description of the financial affairs of the agency. -Requires the Council to report to the Legislature by January 15, 1988 a recommended process for coordinating the planning and development of transit by regional railroad authorities. -Directs the Council to publish a consolidated metropolitan bulletin or register containing official notices, meeting and hearing schedules for the Council and all Metropolitan Agencies. -Terminates the opt -out "grandfather" for cities eligible for op -out unless they have already opted -out or taken financial action to opt -out by July 1, 1988. However, a city or town has an additional 12 months extension if it has notified the RTH before July 1, 1988 that the city or town is in the process of completing a transportation evaluation study that includes an assesment of the local transit needs of the city or town. -Requires the Governor consult thewith MetropolitanLegislators prior to making appointments Commission (MAC). Effectivity Date: The day following final enactment. 4. AMENDMENTS TO THE SOLID WASTE MANAGEMENT ACT (HF 794, Laws 1987 Gba,p. 348 ) The 1987 amendments to the solid waste management act have several provisions which affect Metropolitan Area Cities. One is a provision that protects cities from federal and state antitrust actions by giving explicit state authority for cities to organize solid waste collection as a municipal service e,or with one or more haulers by ordinance, franchise, or contract. Cities are also enabled to implement flow control procedures and regulations to ensure delivery to designated facilities. Before adoption of any mechanism for organizing ve solid waste public hearing,�,andties followstheispecciificye, hold a procedures. Also, cities whicht"olid eubicaste yardlofdwaste,oraitsncrease -the cents fee from 15 to 25 Per equivalent. Clarifying language was added to make it clear that the proceeds from the disposal fee can be used for abatement purposes in addition to compensation and mitigation for the costs and adverse effects of landfills. lead The amendments aPwasteit the facilitiesosal afterfJanuarycla 1988eries or used oil in solid unless FCA authorizes the disposal. The bill also alters the grant process for local recycling programs. Bindicatorslfor9localthe recyclingCouncil thatmust willdevelop measuure the performance -3- City of Champlin 12001 JEFFERSON HIGHWAY CHAMPLIN, MN 55316 (612) 421-8064 April 17, 1987 Dear Mayor: The Minnesota Legislature is currently considering legislation which I believe may be of specific interest and importance to you and your community. House File 794 (enclosed) which is a comprehensive amendment to the State Waste Management Act, includes a provision (Section 19) that would authorize local governments to organize solid waste collection within their local comzunities. Organized garbage collection means that the City would designate only one garbage hauler to serve each neighborhood or district within the. City. The City of Champlin strongly supports organized garbage collection legislation for the following reasons: 1. Reduced traffic, noise and air pollution, and lower long-term street maintenance costs in residential areas. 2. More efficient and economical garbage hauling service for both the haulers and customers, due to manpower and energy savings. 3. Orginized collection systems encourage competition among haulers of all sizes, thus insuring that local customers pay a fair price for garbage service. 4. An organized collection system establishes a foundation for future curbside recycling programs, which will be required to effectively reduce our dependence an expensive and potentially hazardous landfills. The Champlin City Council recently adopted the enclosed resolution in support of the pending legislation. I ask that you and your council also consider the adoption of a similar resolution of support for organized collection, and that you forward a copy of your community's resolution to your local State Senator and Representative as soon as possible. Thank you for &our Sincere Wm. G. Mayor side4tion of this important issue. WGH/ j j Enclosure C:11 Y Ur %., n /% ivi wL.i+v REQUEST FOR COUNCIL ACTION MEETING DATE: $_2]-86 :NDA StCTION: 'JNFINISHED BUSINESS ORIGINATING DEPT: ADMINISTRATION M: ITEM DESCRIPTION: 7 REPORT ON ORGANIZED GARBAGE COLLECTION PROJECT PREPARED BY: JO ANNE BROWN The garbage haulers currently working in the City met on Thursday, April J 24th to discuss forming a consortium. Seven of the eicht residential haulers working in the City were present: �� j�='•'� 1 .Ace Sol. id Waste - Dean Worden f' Peterson Brothers Sanitation - LeRoy Lanoue i r' T & L Sanitation - Tad Korfe Corroa Trucking and Sanitation -Curt Corra� Walz Brothers Sanitation Ed and and� ne Peikert `Walz Peikert Sanitation _ Waste Management - Jim Gencauski BFI did not attend the meeting. 1he majority of haulers present agreed to form a corporation, and signed a pre-set for remaining haEment ulers oasign0a0pre-subscr pre -subscription agr. A deadline of May 22nd eenent. _ was set for 9 The corporation will be known as Champlin Refuse, Inc., (CRI) and is a separate entity. Minneapolis Refuse, Inc. (MRI) wi11 provide management and administrative services at a cost of approximately 25 cents per unit per month. CRI can decide to provide its own administrative and management services at anytime with 30 days notice to MI. The haulers held an organizational meeting on Thursday, May 22nd. BFI was not .present at the meeting. The representative frcm Waste Management indicated that they will not become a menber of the corporation; however, they will probably attempt to convince the City Council to put the entire City out for bids. Each compare within the corporation will have one mEmber on the Board of Directors. The corporation by -lags were read and adopted with several revisions. (Copies of the by-laws will be available at the meeting.) Officers were elected, and each company will sulmit a list of current customers to MRI by- June 2nd for verification. Mr. Cy Baker has started the preliminary work involved in counting the number of residential units in the City. I left the meeting at approximately 9:00 p.m., and the haulers and the WI representatives discussed prices for garbage service based on information frcm Olsen and Theilen, an accounting firm working with IvRI. OUNCIL ACTION. MOTION BY: . SECOND BY: TO: In preliminary discussions, the staff recommended that garbage service include pick up of all items placed at the curb, including appliances, furniture, leaves, grass clippings and branches. In certain instances, some residents may be given the option of back -door service at an additional cost. It is anticipated that the majority of the Citywould be _ curbside service with barrel containers provided ty the haulers. It is anticipated that organized collection could be in place by August 1, 1966. Mr. Chuck Rutter and Mr. Cy Baker of MRI, as well as the garbage haulers involved in the corporation, have been invited at attend the meeting. 'P,ARATE L E AF OCT. 15 and GRASS Pickup thru N OV. 15 DURING THE WEEKS BEGINNING OCTOBER 15 THROUGH NOVEMBER 15, LEAVES AND GRASS WILL NOT BE ALLOWED IN WITH YOUR REGULAR TRASH FOR TRASH PICKUP. By composting yard waste we reduce the burden on landfills. About 50% of residential waste hauled to landfills in the fall is leaves and grass. In addition, compost creates a valuable resource by turning grass and leaves into a humus which is an excellent soil conditioner. As mulch, it discourages weed growth and reduces the need to water. In a effort to limit unnecessary landfilling, ALL HAULERS IN CHAMPLIN, will provide SEPARATE collection of LEAVES AND GRASS ONLY, as compostible material ---NOT WASTE. The collected material will be all brought to the Hennepin County Composting facility --- ***NOT TO A LANDFILL*** SEPARATE LEAF AND GRASS PICKUP will take place on the same day as your regularly scheduled trash pickup, and by your regular hauler (Note: Due to heavy volume, your hauler may require an extra days time) THE RULES ARE AS FOLLOWS * LEAVES AND GRASS ONLY ---(No Brush, Garden Materials, Trash, Apples, Food Waste, Metal, Plastic or Glass Containers, Paper or Corrugated or Sweepings) * PACKED IN PLASTIC YARD BAGS AND TIED SECURELY * PLACE ON CURB OPPOSITE SIDE OF DRIVEWAY FROM THE REGULAR TRASH CONTAINER * PLACE ON CURB FOR PICKUP ON REGULAR TRASH DAY * MAXIMUM OF'30 BAGS PER WEEK PER HOUSEHOLD ***REMEMBER*** SEPARATE LEAF AND GRASS PICKUP October 15, through November 15, 1987 (Grass and Leaves Only -- No Qarbage Please) Your 100% Cooperation will be greatly appreciated:: This project is supported by your Haulers and the City of Champlin Council and Energy Comm. it of Champlin F R .�G EC GLASS CONTAINERS green, brown, and clear bottles and jars only No mirrors, ceramics, or windows • Rinse out • Separate by color • Remove all metal and plastic caps, lids, and neck rings ALUMINUM CANS rounded bottoms and no seams non-magnetic • Rinse out • Flatten by stepping on RECYCLING REMINDERS Please have everything properh prepared anti sorted 6} categor} (unprepared items will not he accepted) NEWSPAPER • Bagged, boxed or bundled Open 24 Hours A Day (no magazines, books or telephone books) CLEAN LEDGER PAPER (Separate from newspaper) All Colors Paper must be dry DRAIN OIL COLLECTION TANK No other chemicals Open 24 Hours A Day P.E.T. BOTTLES plastic pop bottles (caps removed) Bring in as flat as possible CLEAN COPPER cleaned —no other metals attached STEEL CANS CAR BATTERIES "tin" cans, light gauge scrap metal • Rinse out • Remove label • Remove both ends • Flatten by stepping on k Champlin Recycling Center M Is A Public Service Convenience Drop Sight a �� Not A Redemption Center it NEW LOCATION IL Enter off Hayden Lake Road West of The Muffler Shop I. (Center is directly behind City offices —Champlin Plaza) CENTER HOURS —Saturday 9 a.m. to 1 p.m. THIS PROGRAM IS SPONSORED BY The Champlin Energy Commission and the City of Champlin - -- WRIGHT TITLE GUARANTEE, CO. SEWER ACCOUNTS NSP ADDITIONAL INCOME OCT03ER 110, 1987 TOTAL ADDITIONAL BILLS TO BE PAID OCTOBER 19, 1987 $ 7,193.88 76.00 48,199.09 $ 1,327.51 TOTAL $ 15,268.14