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City voilating CWA??

Mike Schoeben

New member
This might be lengthy, but I thought it might be a worthwhile post. I was informed a couple of days ago, by my wife, that there were several people with safety vests power washing sidewalks in downtown Minneapolis. Of course this piqued my interest, because we washed sidewalks downtown for several years, until this year. Mysteriously, we were dropped by all of our commercial clients in the downtown district this spring, HMMMMMM. Anyway, I did some research and here's the press release:


Downtown Minneapolis takes a big step toward becoming cleaner, greener and safer

The Minneapolis City Council and Mayor R.T. Rybak unanimously approved the creation of the Downtown Business Improvement District Special Service District on Friday, Dec. 12. Commonly known as the Downtown Improvement District (DID), it is designed to make Downtown a better place for residents, businesses, visitors, and workers. Through the DID, Downtown property owners will contribute an estimated $6.5 million a year to make Downtown cleaner, greener, safer and better.
For many years, the downtown business community and the City have discussed the idea of creating the DID to further enhance the vitality of downtown Minneapolis. The Minneapolis Downtown Council championed the effort to gather support among the business community for the new district, successfully petitioning commercial property owners to agree to pay additional service charges as an investment in Downtown. By agreeing to contribute more, especially in this challenging economy, business leaders reaffirmed their commitment to, and confidence in, Downtown Minneapolis as the region’s premier business district.
The DID is a public/private partnership that will provide enhanced services beginning in 2009 to the Downtown area above and beyond what would normally be provided by a City, or what is currently done as basic City services. Some of those services include enhanced sidewalk cleaning, landscaping installation and maintenance, repair and maintenance of enhanced streetscape fixtures, and retail recruitment activities and programs. Other services will include creating new Safety Ambassadors for Downtown, as well as providing security coordination between the public and private sectors.
The 120-block district is bounded roughly by 2nd Avenue North, 2nd Street South, Chicago Avenue, and various streets along the southern edge of Downtown. The area includes approximately 650 assessable properties that will contribute to the enhanced services annually. Residential properties that are within the district cannot be assessed by law, but are able to opt in if they choose to do so.
The City ordinance that creates the DID calls for the City to enter into a contract with a non-profit organization that will provide all services within the DID. The organization, yet to be created, will be an affiliate or subsidiary of the Downtown Council that will be governed by a management board of approximately 20 members including property owners, business owners, and others who represent organizations within the DID. The City will oversee the contract as well as review and approve the proposed annual operating plan and budget for the DID. All costs for services will be recovered by annual service charges to the DID.
Dec. 12, 2008

Now, normally I wouldn't care if a competitor was violating, I would just let them get caught on their own, but this was different. Now the City was taking money out of my pocket, and that just seemed unfair. Well, I have some contacts at the Minnesota Pollution Control Agency, and made a call to the enforcement division. I explained that I owned a PW company, and have a substantial investment in recovery equipment, and follow EPA guidelines carefully. I asked why I had to follow the CWA and not the City? Lets just say they were VERY interested in this program, and were sending an investigator over as soon as we hung up. I wonder what will happen???? I'll keep you all informed of any developments....

So, was I right or wrong? What would you have done??
 

Jeff LeCours

New member
If there is true enforcement there and they arent doing reclaim if its needed and required I don't think you did anything wrong. They just don't understand work should be done by professionals
how did they do cleaning, did it look alright?

Good luck with it
 

Mike Schoeben

New member
Small cold water machines, wand only. No gum removal, and narrow degree tips. I'm going back to check for concrete damage.

I have been watched closely for the last 4 years while doing this work, and I know for sure that there is enforcement in this area. I charged premium prices on the work, and it is a PITA for sure. I just thought it was unfair that because it was some joint venture between the city and a non-profit that they didn't have to follow the rules.
 

Carlos Gonzales

New member
So Mike, if I am reading correctly the City is the actual entity that is doing the power washing vs. having them hire a qualified company such as yourself to do the work?
 

Mike Schoeben

New member
Carlos, here's how it works. Prior to the city creating the Downtown Improvement District (DID), property owners were responsible for cleaning their own sidewalks, etc.

Now there's a City + non profit entity (funded by downtown business owners and the city), that is now responsible for the cleaning. It's a way for the city to put people to work while enhancing the appearance of the downtown area. While I'm not against the whole idea, I do take issue with them using cleaning practices that violate federal laws that I, as a small business owner, must follow.
 

Mike Schoeben

New member
If it's the city they are exempt. Any goverment entity is exempt at least around here they are.

UM, not according to our state agency. They have a waiver for firefighting and twice yearly street sweeping, but that's it. Cosmetic cleaning will get you fined.
 

Jeff LeCours

New member
UM, not according to our state agency. They have a waiver for firefighting and twice yearly street sweeping, but that's it. Cosmetic cleaning will get you fined.

If I remember in Charlotte there were some exceptions, like fire etc , but they said I think, that they have warned other local, state crews
 

Damaris Sutton

New member
Thats what is so strange. Just for kicks lets say I was having all my kids tonsils removed by a ears, nose and throat specialist. Board certified and the whole 9 yards. Everything is cool because the doc is regulated. They watch him like a hawk.

We have another kid down the road who has the same problem with his tonsils. By now I know the symptoms and procedure to take him to the Doc, but this time I want to save some money to place in the rainy day fund, so I attempt it myself. Of coarse I fail to keep up with the codes and practices, but I get a waiver from the AMS because it is for a worthy cause?


YOU HAVE GOT TO BE KIDDING!!! :redcard:

If it is wrong for a trained medical expert to skip some procedures it is most definitely wrong for me and illegal. The same goes for the city trying to put people to work in a field they are not trained for. Let them poick up trash if they want to beautify the city. If they get a free ride on this then someone needs to push for deregulation of the PW companies.


Just like buying a vehicle. You can not goto a dealer and ask for under dealer invoice price and expect top money for your trade. Its either MSRP and top dollar for your trade or under dealer invoice and low end trade price for yours.
 

Tomdurbin

Contributing Member
If it's the city they are exempt. Any goverment entity is exempt at least around here they are.

Eric

Actually they are not exempt. Most cities just flat out break the law. Take some pictures or video and send them to the EPA with copies going to the local waste water treatment plant. A whit collar employee at the waste water treatment plant in warsaw indiana got thirty years for turning his head the other way. Our city hired an out of town company to "redevelope" here as well. We spent millions of dollars for an out of state company to plant some flowers and steal jobs. Make a stand. Report the violation.
 
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