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Agenda Packets - 2023/03/03
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Agenda Packets - 2023/03/03
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1/28/2025 4:46:48 PM
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3/7/2023 10:21:54 AM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
3/3/2023
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City Council Document Type
Packets
Date
3/3/2023
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a report which examines whether and what circumstances a local unit of government <br />shall ensure just and reasonable compensation to solid waste collectors who are <br />displaced when a local unit of government organizes solid waste collection under <br />Minnesota Statutes, section 11 SA.94. The commission shall complete its report and <br />recommend for legislative action any compensation mechanism found necessary by <br />January 31, 1990. " <br />After the 1989 legislative session, LCWM contracted with a consultant team to conduct the legal <br />and policy research and complete the report entitled A Study of Compensation for Solid Waste <br />Haulers Displaced by Organized Collection (December 21, 1989).l0 <br />The project became known as the "Just Compensation Study". The Executive Summary states: <br />"Organized collection is a tool for cities to achieve specific public purposes. Currently, <br />approximately five hundred independent haulers operate in the state of Minnesota. In <br />most areas, the haulers solicit business and service customers without restriction from <br />local government, except for licensing requirements. As a result, many haulers may serve <br />the same neighborhood. The public interests in organizing collection include: increased <br />safety (fewer trucks result in fewer accidents), reduced noise and air pollution, less wear <br />and tear on streets, increased efficiency and lower costs, and finally, improved potential <br />for recycling. " <br />"While achieving these goals through organized collection, the city may cause haulers to <br />lose part or all of their business in the city, depending on the organized collection <br />mechanism chosen by the city. The issue underlying this study is whether the city should <br />be required to compensate the haulers for the loss of business. " <br />The Study work plan was divided into three parts. Part One: <br />Examined the existing case law and statutes governing the issue of compensation; <br />• [Note: The Study stated "The legal analysis concluded that compensation is not <br />constitutionally required for displaced haulers nor does this type of regulation <br />constitute an unconstitutional impairment of contract. " <br />Summarized statutory methods of compensation adopted in other states; <br />Discussed possible methods of compensation; and <br />Discussed procedural safeguards as alternatives to compensation. <br />Part Two of the Study: ll <br />Examined policy issues around whether the legislature should create statutory right to <br />compensation for displaced haulers, even absent a constitutional right; <br />Conducted a roundtable discussion of the issues held on October 16, 1989; <br />Conducted a telephone survey of local government and hauler representatives; <br />10 Richardson, M. I., P. T. Ostrow, R. Reid. (1989) "A Study of Compensation for Solid Waste Haulers Displaced by <br />Organized Collection." Richardson, Richter and Assoc., Inc. Minneapolis, MN. <br />11 Ibid. <br />14 •Foth Infrastructure & Environment, LLC R - Analysis of Waste Collection Service Arrangements.doc <br />June 2009 <br />
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