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HomeMy WebLinkAbout09.08.87 Council Packet AGENDA COUNCIL MEETING REGULAR SEPTEMBER 8, 1987 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. August 17, 1987 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS a. 7:15 P.M. - Consider Vacation of Eureka Court - Fair Hills b. 7:45 P.M. - Consider Ordinance Deleting Title 2-4 of the City Code c. 8:00 P.M. - Consider Various Amendments to the Zoning Ordinance d. Set Public Hearing - Consider On Sale/Special Sunday Liquor Licenses - Eagles Club 6. PETITIONS, REQUESTS AND COMMUNICATIONS 7. ORDINANCES AND RESOLUTIONS a. Awarding Sale of $1,700,000 G.O. Improvement Bonds - 1987A b. Resolution Declaring Costs to be Assessed and Ordering Preparation of Assessment Roll - Project 86-9 c. Resolution Declaring Costs to be Assessed and Ordering Preparation of Assessment Roll - Projects 87-13 thru 87-16 8. UNFINISHED BUSINESS a. Consider Bids - Project 87-16, Dakota County Estates 2nd Phase II and Dakota County Estates 4th Street Improvements b. Eaves Way Drainage Easement c. Erosion at Fire Hall d. Compensatory Time for Police Officers 9. NEW BUSINESS a. Fire Department By-Laws and Constitution b. Receive 1988 Labor Agreement Proposal for Local 320 10. MISCELLANEOUS a. Set Special Council Meeting to Receive and Award Bids for 1987 Street and Utility Improvement - Project 87-3 b. Amend Grading Plan - Dakota County Estates 2nd c. Paving of 195th Street (County Road #64) 11. CONSENT AGENDA a. Temporary 3.2 Beer License for St. Michael's Church b. Revised Final Payment Request - 1986 Street Improvement c. New Firefighter Appointments d. Capital Outlay Request - Fire Department e. School and Conference Request - Administration f. Capital Outlay Request - Fire Department g. School and Conference Request - Fire Department h. Request to Attend Conference - Park and Recreation i. Approve Payment No. 1 - J.P. Norex - Project 86-9 j . Capital Outlay Request - Fire Department k. Approve Payment of the Bills 12. ADJOURN 13. ADD ON a. Plat Correction - Dakota County Estates 4th b. Approve Budget Adjustment - Dustcoating - General Services c. 1988 Proposed Budget MEMO TO: MAYOR AND COUNCIL SUBJECT: AGENDA ITEMS - SEPTEMBER 8, 1987 DATE: SEPTEMBER 3, 1987 5a. Information sent previously. b. Information sent previously. c. Information sent previously. d. Application/notice enclosed. I have not received the investigative report from the Police Chief at this time. 7a. Jerry Shannon will be at the meeting Monday night to open the bids. It should be noted that the City has retained its Baa 1 rating. b&c Memo/resolution enclosed. 8a. The City will receive the bid tabs on Friday. b. Memos enclosed. c. Memos enclosed. d. I have not seen the memo referred to in the agenda request at this time. 9a. By-laws/Constitution/Changes enclosed. b. Proposal/memo enclosed. 10a. The bids will be received on September 14, 1987. It is recommended that a short meeting be set for September 14, 1987 at 7:00 P.M. to accept the bids. b. Memo enclosed. I have not received a plan from the developer at this time. c. Memo from Engineer enclosed. Mr. Kaldunski has informed me that it will be the County Development Committee's recommendation to pave CSAH #64 to Euclid Path. The cost to the City would be $63,000 which could be assessed. Staff is looking into the possibility of using State Aid Funds for this project. lla. Application enclosed. b. Request enclosed. c. Copy enclosed. d. Request enclosed. e. Copy enclosed. f. Request enclosed. g. Request enclosed. h. Request enclosed. i. Request enclosed. j . Request enclosed. k. Copy enclosed. 13a. Request enclosed. b. Request enclosed. c. The budget will be presented Tuesday night. t - AGENDA REQUEST FORM ITEM NO. ._(-;?/:(..., 51:4)2 NAME: Ken Kuchera DEPARTMENT: Fire DATE: August 25, 1987 MEETING DATE: September 8, 1987 CATEGORY: New Business A SU3JECT: Fire Department By-Laws and Constitution EXPLANATION: Council approval of revised amended by-laws and constitution. REFERENCE MATERIALS/RESPONSIBILITY: See attached REFERRED TO: (NAME) DEPARTMENT: RE • • FARMINGTON FIRE DEPARTMENT RECOMMENDATION FROM THE COMMITTEE ON THE CONSTITUTION AND BY-LAWS DANIEL THELEN, CHAIRMAN BE IT RESOLVED THAT THE CONSTITUTION AND BY-LAWS BE AMENDED AS FOLLOWS: The Constitution: Article 1 Section 2 add the words "and other emergencies" after the word fires. Article 2 Section 1 delete the words Training Officers pluralize Assistant Chiefs Section 3 delete the word System and replace it with Communications Section 4 delete the words Training Officers pluralize Assistant Chiefs Section 6 redraw the chain of command. -. delete Training Officers Article 3 Section 2 delete Training Officers & Art. 5, Sec. 1 , Article 4 Section 1 adding the category "Rookie Member" so that it will read: A. Regular Member B. Rookie Member C. Probationary Member D. Retired Member E. Honorary Member Section 3 No person shall be admitted into membership as a probationary, rookie, or regular member unless that person possesses Article 2 New Section 4 The Chief and the Fire/Rescue Captain shall appoint Rescue 1st and 2nd Lieutenants. • All appointments are subject to the approval of the City Council . (Renumber the existing Articles and Sections as needed. ) , Article 5 Section 2 add the words "this election" after the word "and so that it will read " . . . .annual meeting and this election is subject to the approval of the City Council ." The By-Laws Article 6 Section 2 Change the last sentence to read: "The nominations will be closed at the Annual Meeting prior to the election. " • Article 7 New Section 2 The Chief shall appoint, upon their election, which shall be the 1st or 2nd Assistant Chief. • (renumber remaining sections. ) • New Section 3 The Chief shall appoint the 1st and 2nd Fire/Rescue Lieutenants. (renumber remaining sections. ) • Article 8 Section 2 Delete and renumber remaining sections. • Section 4 Should read: "The Highest Ranking Assistant Chief Article 10 Section 2 add the words and Assistant Chiefs after the word Chief. Add a new Article 11 and renumber accordingly: (refer to text) Add a new Article 12 and renumber accordingly: (refer to text) Article 12 (Old) Change to Communications Officer (and in Sec. 1 ) Add a new Article 18 - Duties of Rookie Members and renumber accordingly: (see text) It is understood that corrections in grammar, usage, and misspelling may be done by an editor. FARMINGTON VOLUNTEER FIRE DEPARTMENT CONSTITUTION PREAMBLE WHEREAS, the City Council of the City of Farmington, by an Ordinance authorizing the organization of the Farmington Volunteer Fire Department, has conferred upon such organization power and authority to -make laws and regulations, and WHEREAS, it is deemed desirable and necessary to adopt certain laws for the government of this organization, we the members of the Farmington Volunteer Fire Department do hereby make and revise the original Constitution Y / and By-Laws according to a meeting held on 904 air Xii-t—JttG4 -*/ • . ARTICLE 1 - ORGANIZATION AND OBJECTIVE Sec. 1 , This organization shall be known as the "Farmington Volunteer Fire Department." Sec. 2. Its objective shall be the preservation and protection of lives and property from such fires and other emergencies as may occur in the City of Farmington, Minnesota and other contracted areas, as desig- nated by the City Council . ARTICLE 2 - ORGANIZATION OF THE DEPARTMENT Sec. 1 . The officers of this department shall be: A. Chief/Fire Marshal B. Assistant Chiefs C. Secretary/Treasurer Sec. 2, The Assistant Fire Marshal shall be appointed by the Chief. . Sec. 3. The Chief and Assistant Chiefs shall appoint the following officers: A. Communications Officer B. Maintenance Engineers C. Captains -1- 7/87 Sec. 4 The Chief shall appoint Rescue 1st and 2nd Lieutenants with the guidance of the Fire/Rescue Captain's recommendation. All appointments are subject to the approval of the City Council . Sec. 5. Board of Directors: This board will consist of the Chief, 1st and 2nd Assistant Chiefs, Captains, and Secretary/Treasurer. This board is to serve as prescribed by the Department By-Laws. Sec. 6, The Chief shall appoint the following standing committees: A. Nomination Committee B. Grievance Committee C. Constitution Committee D. Other Committees, as deemed necessary by the Chief. Sec. 7. Chain of Command of the Department shall be: CHIEF T COMMUNICATIONS MAINTENANCE ASSISTANT ASSISTANT SECRETARY/ OFFICER ENGINEER CHIEFS FIRE MARSHAL TREASURER t CAPTAINS FIRE/RESCUE CAPTAIN 1st LIEUTENANT 2nd LIEUTENANT BOARD OF DIRECTORS Chief Assistant Chiefs Captains Secretary/Treasurer ARTICLE 3 - OFFICERS RESPONSIBILITIES Sec. 1 The Chief shall have command of and shall preside at all meetings of the Department in accordance with the City Ordinance, Constitution and By-Laws of the Department. , Sec. 2. The Assistant Chiefs shall assist the Chief in his duties, carry out the responsibilities and act as next in command in the absences of the Chief. Sec. 3. The Secretary/Treasurer shall keep the records of all the proceedings of the Department, safe-keep all the funds belonging to the Department, pay all approved orders drawn on the Department and perform other duties as may be prescribed within the Department By-Laws. -2- 7/87 t ARTICLE 4 - MEMBERSHIP Sec. 1 . The membership of this Department shall be as follows: A. Regular Member B. Rookie Member C. Probationary Member D. Retired Member E. Honorary Member Sec. 2. An application for membership as an active fire fighter shall not be received from anyone having been convicted of a felony or having received a dishonorable discharge from the United States Armed Forces. Sec. 3. No person shall be admitted into membership as a probationary, rookie, or regular member unless that person possesses such further qualific- ations as may be set forth in the Department By-Laws and is subject to approval of the City Council . ARTICLE 5 - TERMS OF OFFICE Sec. 1 . The terms of office for the elected officers of the department shall be: A. Chief/Fire Marshall - Every third year B. Assistant Chiefs - Every second year (alternating years) C. Secretary/Treasurer - Every second year Sec. 2. All officers shall be elected by the members of the Department at the annual meeting and this election is subject to the approval of the City Council . ARTICLE 6 - IMPEACHMENT OR EXPULSION Sec. 1 Any officer of this Department, for the abuse of authority, violation of By-Laws or misconduct in office, may be impeached therefore and removed from office by a voite of sixty-six percent (66%) of the regular members at any regular meeting; provided however, that the charges against the person have been made in writing, read at a reg- ular meeting and filed with the Secretary at least one month before any vote shall be taken upon it and a copy of said charges shall be served upon him/her by the Secretary at least two weeks before any vote shall be taken thereon. Sec. 2, No person who is a member of the Farmington Fire Department shall be removed from such position or employment except for incompetency or misconduct or for other just cause shown after a hearing, upon due -3- 7/87. notice, upon stated charges, in writing. Any member who has been notified of the intent to expell him/her from membership shall be notified in writing of such intent and of his/her right to request the hearing within sixty (60) days or receipt of the notice of intent of expulsion. Failure of a member to request a hearing within said period shall constitute a waiver of his/her right to a hearing. Such failure shall also waive all other available legal remedies for re- instatement. Request for a hearing concerning expulsion shall be made in writing and be submitted by mail or personal service to the Fire Chief or his/her designated representative. The hearing shall be held by a board of three persons appointed as follows: One, by the Farmington Fire Department, one, by the member and the third by the two so selected. Upon the finding by the board that the member should be expelled or failure to request a hearing within sixty (60) days must be ratified by a sixty-six percent (66%) vote of the regular members of the Farmington Fire Department ARTICLE 7 - VOTING PRIVILEGES Sec. 1 . The privilege of voting is extended to all Regular and Rookie Members who are in good standing in the Department. Sec. 2 The privilege of the floor is extended to all of those classified as members of the Department. AMENDENTS Sec. 1 , This constitution may be amended by a Resolution in writing being presented at any regular meeting of the Department, which Resolution shall be referred to the Constitution Committee, which shall report at the next regular meeting of the Department. A sixty-six percent (66%) vote of all regular members of the department shall be required for the adoption of such Resolution of Amendment. The City Council must approve any amendments after is approved by the Department. ARTICLE APPROVAL Sec. 1 . First presented in writing and read at a regular meeting of the Farmington Volunteer Fire Department held on July 13, , 19 87 . Finally read and adopted by a sixty-six (66%) majority vote of the regular members of the Department at a regular meeting on August 24 , 19 87. -4- 7/87: Fire Chief / Department Secretary Approved by the City Council on , 19 • Mayor 0)4A. - 11 City I00rk -5- 0 7/8'7.