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HomeMy WebLinkAboutCCMin_05Jan26CITY OF FALCON HEIGHTS MINUTES January 26, 2005 Mayor Gehrz convened the regular City Council meeting at 7:00 PM. PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel, Robert Lamb, Peter Lindstrom and Richard Talbot Also present: City Administrator Heather Worthington, City Attorney Roger Knutson, City Engineer Doug Tholo and Deputy Clerk Mary Shea Kodluboy COMMUNITY FORUM: There was no commentary from the audience. PRESENTATION: MarySue Hansen, Executive Director of the Suburban Ramsey Family Collaborative. Presentation of a Community Recognition Award to the City MarySue Hansen, Executive Director of the Suburban Ramsey Family Collaborative, explained that her organization brings systems and services together to protect children experiencing at risk circumstances and conditions. A need was expressed for box springs, mattresses and blankets. She sent out a request to their list serve and was flooded with wonderful responses from Falcon Heights residents. She never knew that a community could have such caring. This is the first time her organization has given a Recognition Award to a community. Mayor Gehrz said the response from the community happened because of technology. Falcon Heights has a unique program called Neighborhood Liaisons. The City has email addresses for most of the Liaisons and, in response to an email request, a wonderful response was received. She said the City has been asking residents to give their email addresses to the City and this is another good reason to do that. Mayor Gehrz thanked MarySue Hansen for recognizing the community. APPROVAL OF MINUTES: The Council minutes dated January 12, 2005 were unanimously approved as presented. PUBLIC HEARINGS: None Scheduled CONSENT AGENDA: Administrator Worthington said that under Consent Agenda Item G1, General Disbursements, the figure should be changed to $92,806.25 from $92,946.45. There was a keying error with one of the disbursements. Mayor Gehrz said that under Consent Agenda Item G2, the City will only be appointing the City Civil Attorney – Roger Knutson, Campbell Knutson, this evening. FALCON HEIGHTS CITY COUNCIL MINUTES -2- January 26, 2005 CONSENT AGENDA (continued) Kuettel moved approval of the Consent Agenda, as amended and outlined below. The motion was unanimously approved. General Disbursements through January 21, 2005: $ 92,806.25 Payroll (01/01/05-01/15/05) $ 14,293.59 2. Appointment of City Civil Attorney for 2005: Civil Attorney – Roger Knutson, Campbell Knutson 3. Annual appointment of Building Official - Steve Westerhaus 4. Annual appointment of Fire Marshal – Jack Auger 5. Acceptance of Final Payout Request #5 from Jay Bros, in the amount of $10,064.05, for the 2003 Street and Utility Improvements—Folwell and Sheldon Avenues 6. Acceptance of contributions to the Dead of Winter Event from Source Comics and Games-$100.00, and Warners’ Stellian-$100.00 POLICY AGENDA: Organized Refuse Collection Mayor Gehrz thanked everyone for attending the Council meeting this evening. She thanked the people who took the time to work on this issue, especially the members of the Solid Waste Commission who volunteered countless hours to do the study that the City Council asked them to do; the residents who took the time to contact the City Council with their opinions, suggestions and concerns; the trash haulers and their representatives for participating in the study and discussions; and the trash collection employees who show up at the homes and take away the trash regardless of the weather. She said that one of the things she has learned in the process is that people are pleased with the service these hard-working people provide. Since many of their bosses were in the audience, she thought it would be nice to show these employees the community’s appreciation with a round of applause. Mayor Gehrz utilized the LCD projector for her presentation about solid waste collection and discussion of proposals. She explained that the process outlined below would be followed this evening: Background summary Citizen input results Council discussion of proposals Public comment on new proposals Council vote on proposals Identification of next steps FALCON HEIGHTS CITY COUNCIL MINUTES -3- January 26, 2005 Organized Refuse Collection (continued) Background summary Who brought up this issue? Mayor Gehrz said that she did because of the ongoing complaints and requests from residents that the City take an active role in reducing the number of trash trucks on streets and alleys. Also, when Ramsey County was looking at this issue she attended some meetings where she heard City officials talk about the cost savings to residents that they had seen by having instituted organized collection. The engineering estimates for wear and tear on the streets certainly added to her interest because everyone pays for that. Why did the City put resources into doing this study? Mayor Gehrz said the City Council studies lots of issues that affect Falcon Heights residents. She gave three examples that she hoped might help put the solid waste collection study in perspective. Merge with Roseville – In the early 1990’s, the City contracted with an accounting firm to study whether merging the cities of Falcon Heights and Roseville would result in better services and lower taxes. Based upon the results of the preliminary study and resident input, that proposal was rejected. Water infrastructure – In 1997, the City studied whether its residents and businesses could save money on their water bills if the City sold its water infrastructure to the St. Paul Regional Water Utility. Based upon the results of that study and City Council action, Falcon Heights residents now pay wholesale rather than retail rates for water. Previous solid waste collection study – The result of the previous decision was to use City ordinance to require all haulers to pick up on the same day, with twice a week pickup grandfathered in for the Grove neighborhood. That was a great improvement over the previous situation with trash haulers picking up every day of the week. Why did the City Council pass a resolution of intent to organize collection following the public hearing on March 24? Mayor Gehrz said the study process is governed by State statute that requires the City do so if it wants the haulers to participate in the development of any plans or proposals for organized collection. The Council was also hearing support for doing the study. While the Council heard opposition, there was support for doing the study to try to address some of the questions that were raised. Why is there no staff recommendation on this issue? Mayor Gehrz explained that staff does not take a position on an issue unless the Council takes a position on an issue. FALCON HEIGHTS CITY COUNCIL MINUTES -4- January 26, 2005 Organized Refuse Collection (continued) Why did the City spend the money to mail a report to the single family homes in the City? Mayor Gehrz said that one of the roles of the Solid Waste Commission is public education. Information gathered in the study and the work with the haulers is important for the residents to use in making individual decisions about hauler selection or forming their opinion on whether the City should adopt an organized collection. It is unfair to expect people to tell the City their opinions without giving them information that would be useful in forming those opinions. Why were residents asked to take some time to send the City their opinions, concerns and questions about how waste is collected? Mayor Gehrz said this was done because the City cares what its residents think. When the City Council last considered organized collection, there was not a very effective public input process. Notice of the public hearing was posted and sent to the haulers, but the City did not send letters to every resident about it. This process has been much better. The Council said, at every decision point, that it wanted to gather information through a study, get that information into the hands of the residents, and get their response to a possible change in the system of collecting trash in Falcon Heights. That is exactly what was done. Citizen input results What did the City Council learn from the citizen input period? Total households 1,199 Households responding 356 % responding 30% Of the 356 households responding: Oppose organized collection 287 (81%) Support organized collection 60 (17%) Neutral or indeterminate 9 Reasons for opposing organized refuse collection: Desire to maintain choice 48% Satisfied with service 28% No need for any change 21% Oppose government involvement 13% Maintain open markets 12% Potential cost increase 6% Concern for small haulers 6% Like their hauler 4% City staff resources 3% Other 5% FALCON HEIGHTS CITY COUNCIL MINUTES -5- January 26, 2005 Organized Refuse Collection (continued) Reasons for supporting organized refuse collection: Reduce noise, pollution 38% Preserve streets and alleys 37% Reduce prices 35% Environmentally sound 30% Improved safety 27% Other 15% Mayor Gehrz thanked the Falcon Heights residents for their opinions and suggestions. She said the Council has four options: Do nothing. Take no action to change the current system Hauler’s proposal. Improve the current open collection by mitigating the impact of trucks by: Bringing trucks into the City empty Using left turns into and out of alleys Not driving on streets and alleys where they have no customers Assisting with educational efforts Ask staff and the Solid Waste Commission to develop specifications for a Request for Proposal to be sent to all licensed haulers Adopt some other plan for improving the trash collection system Council discussion of proposals Mayor Gehrz said the City Council has listened carefully to its residents and the haulers. Now it is time for the Council to discuss these options. According to the standards for conducting Council business, Council members are asked to discuss an issue before making a motion. By doing it that way, the Council can develop a motion that reflects the consensus of the Council and avoid needing to vote on lots of amendments. What options does the Council have tonight? Mayor Gehrz said that before the process was started a year ago, she thought an organized collection system would have a lot of benefits for the City. She thought it would reduce costs for residents and improve the quality of life, particularly for those neighborhoods with alleys. She still believes that to be true, but based upon what she has learned from listening to residents during this process, she doesn’t believe that a City mandated organized collection system should be adopted at this time. Instead, she supports maintaining the current open system with the improvements contained in the hauler’s proposal and with the use of the information gathered in the course of this study to assist residents who want to voluntarily reduce the number of haulers on their block. FALCON HEIGHTS CITY COUNCIL MINUTES -6- January 26, 2005 Organized Refuse Collection (continued) Mayor Gehrz said that even if organized collection results in a lower cost to residents, both for weekly trash collection and for future assessments for replacement of streets and alleys, most of the residents consider having flexibility of services and providers to be more important than cost. People believe they have more control of specific services by negotiating on their own. From her own experiences with organized collection in her neighborhood, she believes they are right. Because of the hard work of the Solid Waste Commissioners and residents like Rolfe Leary, who did additional research, the City can offer a wealth of information to residents who want to get together with their neighbors to reduce the number of haulers on their block or alley. She believes the City can get closer to the goals that the Solid Waste Commission has developed and the Council approved by working with education, information and voluntary action. Council member Lindstrom thanked everyone for coming and said the City owes a great deal of gratitude to those on both sides of this issue, especially the Solid Waste Commissioners, including Council member Lamb, who have spent countless hours over the last two years hammering over the details and crunching the numbers. He said he wanted to thank Deb Jones, the staff point person on this issue, who has taken a lot of undeserved flack. She has been the consummate professional, always doing her best to stay above the fray. He thanked those who have organized against having a single hauler. The haulers have always been above board and provided valuable information. Finally, he said he wanted to thank everyone who has contacted him over the past year. The City asked people to read the Solid Waste Commission’s report – and they did it. They were asked to register their opinion—and they did it! Democracy requires citizen involvement. He said we should be proud of our residents. After listening closely to the citizens, talking to the haulers and reading the Solid Waste Commission’s report, he has concluded that organized collection is not in the best interest of the City. He said that, to be honest, his position has evolved on this issue. At first, he thought that if residents could save a couple of bucks on their bills and possibly reduce wear and tear on the roads and alleys, then that’s a good thing. But, then he thought – Is this the proper role of City government? The answer is no. If you tune into Channel 16 on Wednesday nights, you will find the Council keeps pretty busy around here. The City works with the St. Anthony Police Department and the Falcon Heights Fire Department to ensure our safety. The City maintains and improves the City parks. The City works with the private sector to improve areas that are blighted. The City Council recently created a budget and passed a levy. These are things the City should be doing! FALCON HEIGHTS CITY COUNCIL MINUTES -7- January 26, 2005 Organized Refuse Collection (continued) Council member Lindstrom said that putting the City smack dab between the customer and the hauler is not in the best interest of the City, the hauler or the customer. Former Mayor Tom Baldwin put it well back in March, at the first public hearing, when he said that when he changed haulers it took a 30 second phone call to his current hauler and a 30 second phone call to his future hauler. No phone calls to City staff. No investigation into why service was poor or costs went up. Just a simple transaction between a business and a customer. Overwhelmingly, the people who contacted him recognized that the ability to choose a hauler should be in their hands and not governments. We ought to respect that. He was surprised and disappointed a few weeks ago when he read about a recent study that concluded that Minnesotans are cynical about government. Fully half said that government, in general, has a negative impact on their lives. That is a shame. He believes that most people in Falcon Heights have a positive feeling towards City Hall. But, he can’t help but believe that if the City goes with organized collection with 80% of the responding households against it, the number of cynics will grow. A year ago the Council voted unanimously to set goals for solid waste. There are ways to meet many of these goals while maintaining an individual’s ability to choose their own hauler. He said he would like to lay out an alternative proposal that does just that. Over the past couple of weeks, he has sat down with the haulers and discussed these issues. After a few compromises by himself and the haulers, they identified eight areas where they can reduce wear and tear on the City’s streets and alleys, improve service to customers, encourage environmentally friendly activity, and educate customers on solid waste, household hazardous waste and recycling issues. Every hauler has agreed to abide by each one of these items. This proposal makes very modest improvement to the open system the City has today. These are not radical changes. In fact, some of these items are already being done by the haulers. His proposal would incorporate these items into a Memorandum of Understanding with the haulers, as outlined below. Wear and Tear Haulers shall bring trucks in the City empty. An empty truck means a lighter truck which means less wear and tear. Haulers shall train drivers to enter alleys with left turns. By turning left, the driver will have much better vision and be able to avoid curbs and other objects they can’t see when turning right FALCON HEIGHTS CITY COUNCIL MINUTES -8- January 26, 2005 Organized Refuse Collection (continued) Council member Lindstrom’s proposed Memorandum of Understanding continues: Haulers shall not drive on alleys where they do not have any customers. At the public hearing in March, we heard about alleys that have three haulers, and yet five trucks are going down the alley. This would eliminate that problem. Again, less wear and tear and less noise from trucks that don’t need to be there. Customer Service Haulers shall provide an option for trash to be picked up every other week, at a reduced rate, for those customers who produce minimal amounts of trash. The Council set, as a goal, a desire for haulers to provide people who produce very little trash an extra small bin. When he talked to the haulers about this, they said their trucks are unable to pick up bins of this size. He has also heard from residents, who produce little trash, that they are opposed to organized collection because they currently share a bin with a neighbor. Under this proposal they could still share a bin if they want, but they would have an additional option of having their hauler pick up every other week for a reduced rate. This would also encourage people to reduce the amount of trash they produce and would be in line with our current system of “pay as you throw”. You pay more for a 90 gallon bin than you do for a 30 gallon bin. This would be in line with the idea that if you throw less, you pay less. Residents shall have the option of temporary suspension of service. This is already being done by most, if not all of the haulers; however, he said he included it because it is one of the Council’s goals and he would like it to continue. 3. Haulers shall collect yard waste and have options providing for appliances and other large objects. Again, most of the haulers already have options for this type of waste. Education Haulers shall provide information on how to purchase compost bins, at a reduced rate, through the County. This can be used to promote things like the City-wide cleanup and telling people where to bring hazardous waste. This is based upon the assumption that more people read their bills than read the City’s website or newsletter. FALCON HEIGHTS CITY COUNCIL MINUTES -9- January 26, 2005 Organized Refuse Collection (continued) Council member Lindstrom reiterated that the haulers have agreed to abide by a Memorandum of Understanding that includes each one of the items he outlined. He said a good question is “How would this be enforced?” A Memorandum of Understanding is not a contract. There would be no time or expense spent battling in a courtroom. The answer is that the City Council has the power of the bully pulpit. If Walters, BFI or Waste Management is making right turns into the alleys, running over curbs and running over a homeowner’s tulips, the City Council is going to hear about it! And, Walters, BFI or Waste Management is going to hear about it when the City Council tells the residents and the public on cable TV that specific haulers have broken their word to the residents of Falcon Heights. Any business, small or large, knows that word of mouth is the most effective way to gain or lose customers. They don’t want to put that in jeopardy. The haulers also know that the City can, at any point in the future, raise the issue of organized collection. He is against organized collection, and clearly the majority of residents are against organized collection. But, ten years from now, and the level of service that the City now enjoys slips, perhaps the tides will change. The haulers don’t want to risk that. They want to win customers one at a time and keep customers by providing great service to everyone. His proposal tonight is to make modest but real change that will reduce wear and tear, improve customer service, promote environmentally-friendly action and help educate residents on solid waste issues, while, above all else, maintaining the individual’s ability to choose the hauler who best meets their needs. Council member Talbot said that Council members have not talked to one another about this issue, so what is new to the audience is new to him. He thanked Council member Lindstrom for his well thought out presentation. He said this has been over half a year in the making and there are a lot of people to be thanked. He appreciated that they are being mentioned. They have all given generously of their time, talent and industry in this information gathering process. From the very beginning the City Council sought nothing more than to gather information. It is unfortunate that by State statute the language is so construed that it could be taken, easily, to mean that your City Council has an intent to organize. That is the language of the statute and it is there because people need to be protected when something like this happens. Council member Lamb said it best in the very beginning when he said, “We know what we have but we don’t know what we don’t have”, so we proceeded to gather information. All along the process many of you became saddened, angry or cynical and said “The fix was in”, etc. That was never true. We were only looking for information. He did some studying on this issue and spoke with former and current elected officials from Falcon Heights and other cities to find out what he needed to know if it was his place to act. FALCON HEIGHTS CITY COUNCIL MINUTES -10- January 26, 2005 Organized Refuse Collection (continued) Council member Talbot said he learned that in a representative democracy, the role of the elected official is to act on behalf of the many despite the wishes of the individual, if and when a problem or situation arises that is clear, compelling and over arching. Snow removal is a good example of this. When a foot and a half of snow hits the streets of Falcon Heights, the City is paralyzed. We’re going nowhere. Emergency vehicles can’t get to our houses and we can’t get to our places of business. The solution to the problem is to remove the snow now, not later. There is no other consideration to be brought up. The problem is clear, the solution is compelling, and because of the nature of the problem and its solution, clear and compelling, it becomes over arching. That is not the time to be discussing whether or not we use propane powered trucks to remove snow, or anything else, or the lowest price involved. The snow has to go now. Your City Council has taken upon itself to remove, from you, the individual’s choice of contracting with a guy with a truck and a plow to remove the snow on your section of the street. City government does this many times, but it’s by group consensus that the City Council does this. It is not at the will or whim of the Council. It is clear, compelling and over arching. Immunizations are another example of that. If you choose to send your child to school, your child will be vaccinated. That could be a pretty deeply personal choice but it has been decided that the clear, compelling nature of the problem of having 30 children that are unvaccinated against crippling diseases is not acceptable should one kid walk in with polio. When it comes to trash collection, to organize or not organize, the problem and the solution do not rise to the level of meeting the litmus test for government involvement. His choices tonight are going to be limited to a yes or a no. Depending upon the option proposed tonight, he will do what he was elected to do and vote to not change the system we have because the problem does not rise to the level of government involvement. It is still the mission of the Solid Waste Commission to go forward and educate all of us about making trash. The trash haulers aren’t the bad guys here. We are the ones who are making the trash and we can vote at the grocery store or the hardware store, wherever we can. He gave an example of recently purchasing a pair of scissors in hard plastic shell wrap and needing scissors to get the packaging open. When he purchased it he told the cashier that he didn’t appreciate the packaging and asked him to pass it along. He is voting at the cash register about the kinds of products he buys and how much trash he is generating. He said that one last thing he wanted to say was to ask the audience to not become cynical about their local government. People have written him, saying they have lived in Falcon Heights all of their lives and are sad to be writing him. Then they have told him to keep his nose out of their business. He has had people write, email and call him, and he has corresponded with every one of them. FALCON HEIGHTS CITY COUNCIL MINUTES -11- January 26, 2005 Organized Refuse Collection (continued) Council member Talbot said that people have told him, “I am angry that you would have the temerity to stick your nose into my private business. Give me my freedom of choice.” He said it has been his experience that when people are angry, something happened just before they got angry. They got hurt. It has become so common and prevalent today to think that City government believes it has the right to act on your behalf despite your wishes. It is a common perception. It is not the truth. Your representative government is a good government. He is proud to associate himself with these people and glad to have the residents as his neighbors and friends. Don’t become cynical. Stay involved. We have a good government. It is something worth cherishing and participating in. But, as he said earlier, he will have to vote tonight to not change the system because it does not rise to the level of government involvement. Council member Kuettel said she wanted to begin by thanking everyone involved in this process: The Solid Waste Commissioners, the residents, the City Council and the staff. Everyone has spent time, effort and energy toward this issue. The fact that so many people are committed to being a part of this process shows her that community spirit is alive and well in Falcon Heights. Regardless of how the vote comes out this evening, she hopes that this issue, which both sides have been passionate about, does not leave the residents feeling as though they have been pitted against one another. She believes that everyone has a strong sense of community and will continue to support it despite differences. She said she was on the Solid Waste Commission for six years, during the period of time when organized collection was looked at the first time. The present Commission has done quite a bit more research. Again, she thanked them for their time and effort. She believes that organized collection has a place in society. She believes that many points in the study are important and need to be considered. With the City’s limited budget, it is the City’s role to provide basic services. Is it the City’s role to provide the most inexpensive hauler for residents? She does not believe so. She truly believes everyone wants value for their dollar. Those in favor of organized collection believe collective bargaining is the best route. This issue is not only about money. Those opposed to organized collection understand that their tax dollars are used for the repair and maintenance of the streets, and appear willing to choose an open system over an organized system. Many residents cite additional reasons for wanting an open system. The majority of those responding to this issue were in favor of an open system. The preprinted forms from haulers aside, still shows large numbers of residents feeling that they, and only they, know how to find the best deal for the services they require. Implementing an organized system would stretch City resources by adding another layer of bureaucracy with organized collection. FALCON HEIGHTS CITY COUNCIL MINUTES -12- January 26, 2005 Organized Refuse Collection (continued) Council member Kuettel said this, of course, does not discount all of the information collection by the Solid Waste Commissioners. If organized collection does not pass this evening, a suggested role for the Solid Waste Commission might be to help neighbors who wish to organize; to continue providing information to our residents in regard to best purchasing practices by informing us of the proper disposal of our refuse; and by continuing to explore alternative methods of protecting our world. She thanked everyone for their participation and said this has been an interesting period of time. She will not, however, be voting for organized collection this evening. Council member Lamb said to the audience that they can count votes and so can he. He thanked the Solid Waste Commission and said they did a heck of a job in providing a lot of valuable information that will help, regardless of which steps are taken going forward. One thing that he has learned in this process is that if you want to encourage citizen involvement in this community, all you have to do is put hauler in front of it. So, his first proposal is that the name of the City’s annual Dead of Winter event be changed to the “Haulers’ Ball”. He said that, for the record, he supports organized collection, but he is a realist and recognizes that its time is not here, and we have already heard a declaration that we are not going to vote for organized collection tonight. Lacking that, he wants to support the next best option, which is basically what Council member Lindstrom read, and what he read is a series of discussions that have been going on between the Solid Waste Commission and the haulers; the staff and the haulers; and various City Council members and the haulers. It does advance and start to correct some of the problems we have with broken curbs, with trucks in the alleys. It will help to bring empty trucks into the community. We certainly need some education here. The caveat that he would put on this proposal, which is essentially proposal #2 that was part of the overhead presentation seen earlier in the evening, was to leave this open for the time being and negotiate a letter of agreement with all of the haulers. The distinction he is making here is that the Hauler’s Association does not represent all six haulers who serve the city. It represents three of them. He would recommend that the City Council take the basic outline and add to it the use of the NRG, which he thinks most of the haulers are using, instruct staff to negotiate a letter of agreement with all of the haulers and, assuming that the letter of agreement meets everyone’s individual criteria, that is the best we can work on right now. Even though this, in his mind, is a compromise, at the same time he has to say this is very solid progress. The Solid Waste Commission identified twenty-two goals, some of which we were already meeting, all of them legitimate. What this represents, where we are now, as opposed to where we were a year ago, is that we are making some solid progress in addressing some of the issues that the City needs to address – that all cities need to address. The City is not at the point where organized collection is going to fly. He supports the next best thing, and the hauler agreement, as long as they all agree to it, is the next best thing. FALCON HEIGHTS CITY COUNCIL MINUTES -13- January 26, 2005 Organized Refuse Collection (continued) Mayor Gehrz said we have a pretty good sense of the direction the Council would like to go with this, at least the majority of the Council. She said there are a couple of questions that have come up. One is the question that Council member Lamb raises about all of the haulers agreeing to this. She asked Council member Lindstrom to talk about this. Council member Lindstrom said that he knows that Mr. Doug Carnival has spoken to all of the haulers and all of them have agreed to this. Council member Lamb said that when a meeting was held with Mr. Carnival the previous week, two haulers were also in attendance. The topic did come up that the Hauler’s Association does not represent three of the haulers. The issue is: How tied in are the others who were not at the meeting? He saw the two at the meeting nod their heads at this and he took that at face value. Where are the other four at with this? Mr. Douglas Carnival, McGrann Shea Anderson Carnival Straughn & Lamb, introduced himself and said he is legal counsel to the National Solid Wastes Management Association, of which three of the haulers who operate in Falcon Heights are members. Subsequent to the meeting that was held with Mayor Gehrz, Council member Lamb and staff, and his association, one of the members had an opportunity to speak with the other haulers who serve this community, and it is his understanding that each of the haulers is willing and prepared to sign a binding Memorandum of Understanding including the eight provisions. Mayor Gehrz said that Council member Lamb is suggesting adding another provision, which is use of the resource recovery facility, the NRG. Council member Lamb said that as he understands it, each of the six haulers currently, to some level, uses the NRG. He asked if that was correct and Mr. Carnival said yes. Mr. Carnival said that each of the haulers in his association has an agreement, a contract with NRG, actually with Ramsey and Washington Counties, to provide a certain amount of waste to those facilities. In some cases, it is all of their waste. In other, it is a certain amount stipulated by contract. They are certainly prepared to abide by those contracts for the entire length of the contracts, which is the time for the bonds to be paid off by the facility. So, whatever contracts are in place they are certainly prepared to live by them. Council member Lamb asked if the contracts are through 2007 and Mr. Carnival said yes. Council member Lamb said he would like to see this in the agreement, even though obviously it is the contract that binds, only as an assertion that we are concerned about the environmental aspects. He thinks the City Council needs to go on record, after all of this work, to say that these are the principles we are trying to uphold. FALCON HEIGHTS CITY COUNCIL MINUTES -14- January 26, 2005 Organized Refuse Collection (continued) Council member Lamb said we are trying to uphold them, even though we are yielding on the principle of organized collection, or the practice of organized collection. Mr. Carnival said that from the beginning, the haulers have been eager to try and resolve this matter in this way, in an effort to provide the citizens with the choice that they have requested of their haulers, and yet meet as many of the goals as possible, from the City’s perspective. As he looked at his clients, he didn’t see any problem with including language in the Memorandum of Understanding that provides that they will meet whatever contractual obligations the current haulers in his association have, and he expects that the other haulers have similar agreements for the continuation of those agreements for the benefit of the community. Mayor Gehrz said she knows the City cannot make a specific destination of the trash part of the licensing of haulers. She asked City Attorney Knutson if there is any legal problem with including that in a Memorandum of Understanding with the haulers. City Attorney Knutson said he doesn’t see any problem with including this in the Memorandum of Understanding. Council member Lamb said that three of the haulers who operate in Falcon Heights take all of their refuse to the Newport Resource Recovery Facility and three take a negotiated percentage or tonnage, with the contracts enforced through 2007. Public comment Mr. Ray Garcia, 1906 Prior, said he thinks it’s a mistake to require the haulers to take their trash to Newport. The reason that most of these haulers went to Wisconsin was because the dumping fee at the Newport facility was over $60.00/ton. Now the dumping fee at Newport has come down to less than $30.00/ton. If the City requires the haulers to take all of their trash to Newport, the City is trading away the only bargaining chip it has. This doesn’t make any sense. Mr. John Ring, 1364 Idaho, said that requiring the haulers to bring their trucks to the City empty is wasting fuel. When the alleys were done, didn’t you all say the trucks weren’t going to harm the alleys at all? That is an implied damage business here. He agrees with the previous speaker. A captive market is a bum deal for the citizens almost always. Mr. Will Rogers, 1947 Autumn, said it is his understanding that the Newport facility bonds will be paid off in 2007. The money paid in would then be profits. They don’t want contracts beyond that. The City’s report says that seventy-eight percent of the waste goes there right now, so the only thing you are accomplishing is to tie them up. Let the market speak for itself. FALCON HEIGHTS CITY COUNCIL MINUTES -15- January 26, 2005 Organized Refuse Collection (continued) Mr. Carnival said that Council member Lamb’s proposal is to simply put in the Memorandum of Understanding what we have already agreed to do with Ramsey and Washington Counties, which is to provide a specific amount of waste that is currently contracted for to the facility until 2007, when the bonds are paid off and the contracts will expire, giving a whole different world as to what will happen after that. That is what the counties wanted. That is what the haulers agreed to. This would be no additional restriction on the haulers, except to live by the contracts that they agreed to with Ramsey and Washington Counties. Council member Lamb said the haulers are going to live by their contracts. Mr. Carnival said it’s an affirmation in the Memorandum of Understanding that the haulers will provide as much waste to the Newport facility as they have agreed to provide. Mrs. Loretta Ring, 1364 Idaho, said that ten years ago she tried to get everyone on her block to use the same hauler. Three people on the block would not change over. She suggested dividing the City into sections and giving the haulers the same percentage of customers that they have now. Residents would have a choice, in a way. Mayor Gehrz said that is not a bad idea but, the problem is, as she understands the anti-trust laws, the haulers can’t get together and organize this. The only way the City can organize this is through organized collection, but people are saying they want to keep the open system. It falls back on the voluntary shoulders of residents like you to keep working on it, but this time you have more information to work with. One of the residents, Rolfe Leary, has done some excellent additional research on the difference that it makes to reduce by even one truck. Rolfe has made that research available as a part of the public record. If you want to know who else on your block is interested in helping to organize the block, all of those households are identified. Mr. Dale Gengler, 1611 Hollywood Court, thanked the City Council and the community and said he doesn’t believe this is a place for the government to reach that far. He thought Council member Lindstrom’s presentation was excellent. This is better handled in more of a gentle way. On Hollywood Court the neighborhood was organized to use one hauler. It is totally voluntary. He prefers to see this done on an entirely voluntary basis. With regard to discussion about where the waste goes, it is better to leave this to the open market. Mr. Glen Olson, 1780 North Snelling, said that last year they had a $300,000 fire at their home and he wanted to thank Administrator Worthington for her help the night of the fire. People are disillusioned about government. He has had the same trash hauler for over 40 years and pays a nominal fee every month. He remembers Snelling Avenue when it was a boulevard. Now he can shake hands with the truck drivers as they go by. FALCON HEIGHTS CITY COUNCIL MINUTES -16- January 26, 2005 Organized Refuse Collection (continued) Council vote on proposals and identification of next steps Mayor Gehrz said that at this point, she thinks the Council is ready to develop a motion and she wanted to read something she had written: Mayor Gehrz moved to improve the current open collection system by using the information gathered in the course of the Solid Waste Commission’s study and citizen input period to assist residents who want to reduce the number of haulers on their street or alley and by requiring licensed haulers to sign a Memorandum of Understanding that they will: Bring trucks into the City empty. Train drivers to enter alleys with left turns. Not drive on alleys where they do not have any customers. Provide an option for trash to be picked up every other week, at a reduced rate, for those customers who produce minimal amounts of trash. Collect yard waste. Have options providing for appliances and other large objects. Provide information on how to purchase compost bins, at a reduced rate, through the County. Provide information, provided by the City, in bills to customers regarding household hazardous waste and recycling. Use of the NRG Council member Lamb suggested that #2 be reworded to say: Train drivers to enter and leave alleys with left turns. Administrator Worthington suggested that with regard to #2, the word feasible could be added. Mr. Chuck Wegner, BFI, suggested that the word practical also be added to #2. Mr. George Walters, Walters Recycling, said that when drivers come out of the alleys they make right hand turns and go with the flow of traffic for route productivity, efficiency and safety. Taking left hand turns from streets into alleys is feasible. Mr. Carnival said that with regard to #9, he would recommend it be worded to say the haulers will use the Resource Recovery Facility to the extent they have current contractual obligations with Ramsey and Washington Counties. In response to a question, City Attorney Knutson said this would be a voluntary Memorandum of Understanding between the City and the haulers. You can require them to sign it as long as they voluntarily sign it. Council member Lamb recommended the Memorandum of Understanding be signed by March 15. FALCON HEIGHTS CITY COUNCIL MINUTES -17- January 26, 2005 Organized Refuse Collection (continued) Council member Talbot said that a Memorandum of Understanding is not a legally binding contract. All the City Council can do is publicize if a particular hauler chooses to go against the conditions and terms of the Memorandum of Understanding and let the consumer decide. Mr. Carnival said the Memorandum of Understanding is a pledge of good faith. Lindstrom moved that staff negotiate a Memorandum of Understanding with the licensed solid waste haulers, to improve the City’s current open collection system, by using the information gathered in the course of the Solid Waste Commission study and citizen input period to assist residents who want to reduce the number of haulers on their street or alley. The City shall require the licensed haulers to sign a Memorandum of Understanding, by March 15, 2005, with the conditions outlined below. The motion was unanimously approved. Wear and Tear 1. Haulers shall bring trucks into the City empty. 2. Haulers shall train drivers to enter and exit alleys with left turns where practical and feasible. 3. Haulers shall not drive on alleys where they do not have any customers. Customer Service 1. Haulers shall provide an option for trash to be picked up every other week at a reduced rate for those customers who produce minimal amounts of trash. 2. Residents shall have the option of temporary suspension of service. 3. Haulers shall collect yard waste and have options providing for appliances and other large objects. Education 1. Haulers shall provide information on how to purchase compost bins at a reduced rate through the County. 2. Haulers shall provide information, provided by the City, in bills to customers regarding household hazardous waste and recycling. 3. Haulers will use the Resource Recovery Facility to the extent that they have current contractual agreements with Ramsey County and/or Washington County for disposal of solid waste. REPORTS FROM COUNCIL MEMBERS: Council member Lindstrom told the audience he looked forward to seeing everyone at the “Haulers’ Ball” in February. FALCON HEIGHTS CITY COUNCIL MINUTES -18- January 26, 2005  REPORTS FROM COUNCIL MEMBERS (continued) Council member Talbot encouraged everyone to come to the City’s Dead of Winter event on Sunday afternoon, February 6, from 1-4 PM, at Community Park. Council member Kuettel also encouraged everyone to attend the Dead of Winter event. She said that at the last Council meeting she mentioned the students at Falcon Heights Elementary School were collecting money for the Tsunami victims. In one week the students collected $1,380.00, which will be matched by a corporation. INFORMATION AND ANNOUNCEMENTS: Mayor Gehrz said the City will be accepting nominations for the Neal Kwong Youth Citizenship award until February 25. This year, the nominations will be divided into two age groups: 12 to 15, and 16 to 19. The award recipients will be recognized at a City Council meeting and their names will be engraved on a permanent plaque in the City Hall lobby. If residents are aware of a youth they would like recognized, contact City Hall to obtain a nomination form. A resident of Falcon Heights, Michael Barany, 17, is a finalist in a youth science competition considered to be a junior version of the Nobel Prize. He has placed among the top 40, out of 1,600, in the Intel Science Talent Search for his research on nitrogen. He will go on to further competition in Washington in March. As a semi-finalist he will be given $1,000 for his academic achievements and the Roseville Area High School will receive the same amount to enhance their math and science programs. As a finalist he will receive at least $5,000 in scholarship money as well as the opportunity to compete for a first-place, $100,000 scholarship in the 64 year old pre-college science contest. The top 10 finalists will receive scholarships of $25,000 or more. Michael is also a member of the City’s Solid Waste Commission. There have been unresolved issues about the proposed location of recreational sports’ fields on University of Minnesota property in Falcon Heights. The University has indicated they won’t be discussing them for at least five more years. The University is moving ahead with the new Bell Museum, which will be located on the southwest corner of Cleveland and Larpenteur. The U needs to raise about $30 million for its construction. She said that several years ago Mayor Kelly, thinking that the campus was in St. Paul, gave his inaugural address at the University of Minnesota/Falcon Heights. Over the weekend she received a call from Administrator Worthington about Saint Paul having ticketed a number of Falcon Heights residents’ vehicles and towed them away, in the erroneous belief they were in Saint Paul and violating that City’s snow emergency parking regulations. Administrator Worthington got the tickets waived and the vehicles returned at no cost to the residents. The regular City Council meeting was adjourned at 8:35 PM. Respectfully submitted, Mary Shea Kodluboy Deputy Clerk