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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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Summarized the advantages and disadvantages of providing for compensation; <br />Discussed possible circumstances under which compensation should be granted; <br />Examined possible eligibility criteria; <br />Analyzed four alternative methods for determining the amount of compensation; <br />Discussed three potential sources of revenue to collect the necessary funds to pay the <br />compensation; and <br />Examined alternatives to compensation, including the advantages and disadvantages of <br />strengthening the existing organized collection planning process. <br />One of the more notable excerpts from the lengthy study analysis in Part Two was an example <br />hypothetical scenario used to estimate the amount of compensation (Section IV — "Who Pays, <br />Sources of Revenue"; Subsection A — "Collection Surcharges"; page 2 — 34): <br />"To illustrate, assume a city has 30, 000 residences that require garbage collection. Prior <br />to organized collection, one hauler collects from 10, 000 residences. Four other haulers <br />split the remainder. The city organizes collection pursuant to a bidded contract and <br />awards the bid to the hauler with 10, 000 accounts. If the total amount of compensation <br />for the four displaced haulers collecting 20, 000 residences is determined by multiplying <br />20, 000 times the average gross monthly charge per household (est. $16.00 household) <br />times 12 months, the total compensation amount would equal $3,840,000..... " <br />Part Three of the Study contained the report recommendations. The report recommended: 12 <br />"It is recommended that a statutory right to compensation for displaced haulers <br />not be adopted. " <br />2. "It is recommended that the current organized collection process be modified to <br />require contract negotiations with existing haulers. " <br />The recommendation to not provide a statutory right to compensation was based upon several <br />reasons including: <br />Dangerous precedent — This would be the first statutory right to compensation for a <br />taking in Minnesota. <br />Compensation as undesired and inappropriate remedy — Many haulers stated their <br />primary interest is continuing in business and their concerns were that fair negotiations <br />take place with cities and that they be given an equal opportunity to compete. Other, less <br />onerous remedies were determined to be available. <br />Problems with implementation — Placing a value on a right to operate in a given city was <br />extremely difficult. Any compensation mechanism will unjustly enrich some while <br />inadequately compensating others. <br />12 Ibid. <br />R - Analysis of Waste Collection Service Arrangements.doc Foth Infrastructure & Environment, LLC • 15 <br />June 2009 <br />
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