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HomeMy WebLinkAbout03.16.92 Council Packet AGENDA COUNCIL MEETING REGULAR MARCH 16, 1992 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. March 2, 1992 - Regular 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS . a. 7: 15 P.M. - Zoning Amendment - Arterial Street Screening b. Set Public Hearing to Discuss Access Spacing Along Arterial & Collector Streets 6. PETITIONS, REQUESTS AND COMMUNICATIONS a. Accept Petition for Annexation b. 2nd Street Parking c. Middle School Athletic Field Complex 7. ORDINANCES AND RESOLUTIONS a. Approving Preliminary Plat - Nelsen Hills Farm b. Approving Developers Agreement - Nelsen Hills Farm 8. UNFINISHED BUSINESS a. Project No. 92-8 - 195th Street Improvement b. Project No. 89-9 - Easements c. Commercial Wood Recycling Fees d. Project No. 91-7 - Gas Tank Removal from City Garage 9. NEW BUSINESS a. High School Alarm Fees 10. MISCELLANEOUS a. Reschedule Goals and Objectives/Project Planning Workshop b. Amend Assessment Policy - Seal Coating c. Review Open Meeting Law d. Potential LGA Cuts 11. CONSENT AGENDA a. Dakota County Estates 6th Addition - Extension Request b. School/Conference Request - Parks and Recreation c. School/Conference Request - Administration/Finance/Police/Parks and Recreation d. Recycling Pickup Schedule Change e. School/Conference Request - Fire f. School/Conference Request - Police g. School/Conference Request - Public Works h. Personnel - Recreation i. School/Conference Request - Fire j. Equipment Payment - Public Works k. Culvert Steamer Purchase - Public Works 1. Intersection of TH 50 and CSAH 31 - Resolution m. Resolution Adopting Data Practices Act Compliance n. Southeast Area Storm Sewer Project - Resolution o. School/Conference Request - Administration p. Spring Clean Up Day q. Approve Payment of the Bills 12. ADJOURN { i July 22, 1992 Penny Dimmen, Clerk Castle Rock Township 3810 240th St. W. Farmington, MN 55024 Dear Ms. Dimmen, As noted during the July 14, 1992 Town Board meeting, Robert Adelmann has petitioned the City to annex his property into Farmington. The City Council accepted the petition on July 20, 1992 and directed me to forward a copy of the petition to the Town Board. (See attached.) It would be appreciated if you would place this matter on the August 11, 1992 Town Board meeting agenda. It is anticipated that I will attend the August 11, 1992 Town Board meeting. I have also enclosed a copy of a Waiver which the City and Empire Township have used. Please note that the resolution attached to the petition indicates that the City will not proceed with annexation if the Town Board objects. It is anticipated that the Council will be considering a annexation petition from Mark Tutewohl to annex into the City at the August 3, 1992 Council meeting. The City previously accepted a petition by Mr. Tutewohl, but it was found to be incorrect. A copy of the petition may be filed with the Town Board before the August meeting. If you have any questions, please contact me.f\nDJJA: 6 ' 0.5J-X NOiuu—trU;1\ Yours truly, tçi' ( L: Tho. y Admi strator ` cc: Karen Finstuen , file LT/mh City Fautisigisit 325 Oak Skeet • Famixgfax. NW 55024 • (612) 463-7111 AGENDA REQUEST FORM ITEM NO. 1 CNAME: Larry Thompson J)/r . DEPARTMENT: Administration DATE: March 10, 1992 iAmidivy we/ Cf�y✓`�- MEETING DATE: March 16, 1992 CATEGORY: Petitions, Requests and Communications Ar- / SUBJECT: Petition for Annexation - Mark and Julie Tutewohl - 4244 240th St. W. EXPLANATION: Self Explanatory REFERENCE MATERIAL/RESPONSIBILITY: Petition REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Development Committee Mark and Julie Tutewohl SI r - MEMO TO: FARMINGTON CITY COUNCIL SUBJECT: REQUEST FROM MARK AND JULIE TUTEWOHL FOR ANNEXATION DATE: MARCH 11, 1992 Mark and Julie Tutewohl, 4244 220th Street, have a sewer problem and would like sewer and water service from the City. They are very much interested in finding out what the cost of service might be. I indicated that an Annexation Study is being prepared and will soon be considered by the Council. They are concerned that if a private system were possible to build, they could spend money twice. They are aware that other systems nearby have not failed yet and that it may be difficult to find others who will also petition for annexation. It is my understanding that there are some long distances involved in getting service to this lot. A feasiblity study is necessary to determine costs of the requested improvements. Charles Tooker City Planner cc: file CTT/mh PETITION FOR ANNEXATION BY ORDINANCE TO: 3AA-yr-,---,P-- rncgr¢J0I1e- The unders i gned,1-0+el:0Ot-it. , is the owner in fee simple absolute of the following described real estate located in Dakota County, Minnesota, to-wit: S too► c � E N . /q cyc Scc That said land is C ►..R(A., and abutts on the City of Farmington. The land is unpiatted and does not exceed qa acres, and your petitioner is the only organization or person having any right, title or interest in and to the subject real estate. The undersigned hereby petition the City of Farmington to annex the fore- going land to the City of Farmington in accordance with Minnesota Statutes Annotated, Section 414.061, Subdivision 1 thru Subdivision 4a and in accordance with other laws pertinent and applicable thereto. Dated at Farmington, Minnesota, the a LO day of 1-19.b , 19W . . IN THE PRESENCE OF: Jai./ s�_ ,i d .l am— BY: / i_ /.441117. BY: The undersigned, as parties holding an option to be exercised on the subject real estate hereby consent to and join in the foregoing Petition for Annexation. IN THE PRESENCE OF: 6, 6 51.c ,c_._ ---,7 6., 't a Unit-mu Coltv4YROT4118 TURnR1(19 le) 0(4)to ivint'foment, '• ,1,, •, 'f., 1 j-,4 ii •41 4 ....., - I. STA1 E OF 1`.11l1NESOTA Nis denliiiritic.nt,taxes awl tranqfer P11 lered;Certificate ss , Co,inly of fhote )filed ( )not required , f.n:ce of County Recordei Cm tificat ..,of Real i'stale Value I,lo. ,. /(/' ,- I): ,•.. 4.,,j,' -„-f"i " '.-- 4`,. 3-' •,•,...,...,": ‘,. .. •- , l.9_ [.c.; 4 P•'1..„42::'''', :::"''..:,,ril :i'1, (/ i itni:Tient was filed for iecord in - f 1)- 03.62.1a2.1._________ ii, 'l's olficepeti. Ogs,ori theZ/Ifi I i-ellie.D.19_2...3:: `""- I :.._o'cto M. and tha , t /9 -r7.c--.9-,„-,•'''' ,-,!,.'-t".,,,AAP.:. County Auditor l "i",i';arne.was duly recorded in l 0, ''-r:'z'•'',"/"",i.,-, . mli)1)1,.4 Liliota Courity Record as. by u j De gut P JAMES 1,1. DOLAN • — )(iiii A ''''''1.'., ',, • '''M!K -;.a 4t.'''' '''''., %, tn • Conji R •rOsr-- -4•71: r.--..... c m ', `^'C'' =,..-; . ---, ii,..t;i::,:,,-,..':;*-.. , 'vlq • STATE DEED TAX DUE HEREON: $ 134.20 -../...„ July 10 i0Y — I.):•uty ,19_BS__ Date: -..K...- . reserv-• or r c• • • • tal --- .'" • ,...-, "'• ''';'-- '''''' - ' FOR VALUABLE CONSIDERATION, Marvin W. Fields and Mary E. Fields. ___huabAndandmiiP. ,Grantor(s), (Marital status) „ ,,ikialr ."`"• ''4 • ''''''' hereby convey(s)and wanant(s)to Markj). TutPwohl and Jul i P A. Tiit.pwahl - husband and wife , -- ....', ,- Grantees as joint ,,' 1--i.,1. rt.'„,,-, '',,,t,..; tenants,real property in flaknta County,Minnesota,described as follows: The North Two Hundred twenty (N220) feet of the West One Hundred (W100) Ir6„:.•4-::1,•-;.',"`.:-,,',vri• . il• .,,,,,.'_-,',„.; . eet of the East half of the Northwest Quarter (D-2of NMI) of Section Six . , • . (6), Township One Hundred thirteen (113), Range Nineteen (19), according -4',•,; ..-- :-1.,, " ..,...,:t to the Government Survey thereof. • _I* , . • .... ,:„ , ..,,, • . , • f t ....1./,,. .,..-, 1 ...,,,,.. .,•-,.,.,..-:1 7:„..c. ° - - :- -,, !•kr.1 ; zik., , lif more space as needed,continue on beck) ;trf ,-,-..,*,.,,,,, together with all hereditaments and appurtenances belonging thereto,subject to the following exceptions: - ,,,, , .."-•;,:: ,, ". - ..... til,;,".•,,,41-.,•,: i E,_--_ " P.T (-ir - -. .•. •,-,..,.. -..-,,,, - . , . - . • .'.'.,_ , Mar in W. Field „........2 , 4 ,, .,..i.,!,:. ,, .„. ....., 1,,,,,1 i is „,,,IY,I I,' se t.,....„..e_., ......" Mary E. Fields ';' .. .- •"1 " STATE OF MINNESOTA ti Dakota ss. COUNTY OF day of ,19 10th The foregoing instrument was acknowledged before me this July _85 , . by Marvin W. Fields and Mari E. Fields, husband and wife .,. . .. ,Grantor(s). . ... . NOTARIAL STAMP OR SEAL(OR OTHER TITLE OR RANK) SIG.ATtiRE OF PER TAKI 0 ACKNOWLEDGMENT PEGGY K. HOFFMAN 1 Tax Statements for the real property described In this Instrument should %.".i7.,..... NOTARY PUILK*MiNNESOTA be sent to(Include same and address of Grantee): RICE COUNTY , My conwnissiori expires Aug.28,1987 l Mark and Julie Tutewohl • •••,- • - THIS IlbSTRUMENT WAS DRAFTED BY(NAME AND ADDRESS): , 4244 220th Street Farmington, MN. 55024 - -,, G.M. Gorgos . • • - , . , ,)•,,k,•• • •• . -427 Third Street I , Farmington, MN. 55024 , .....4 1 . ^,''',- - AGENDA REQUEST FORM ITEM NO. NAME: Gerald Henricks DEPARTMENT: HRA DATE: March 10, 1992 MEETING DATE: March 16, 1992 CATEGORY: Petitions, Requests and Communications SUBJECT: Second Street Parking EXPLANATION: The HRA requests the City Council to review the proposed 2nd Street Parking design and comment REFERENCE MATERIAL/RESPONSIBILITY: Memo - Jerry Henricks REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Development CommitteelA.t.\\dil ''''t.L.I47/1 #.40.4.4..ejk SIGNATURE MEMO TO: MAYOR AND COUNCIL SUBJECT: 2ND STREET PARKING DATE: MARCH 13, 1992 At the March 4, 1992 HRA meeting the board reviewed the enclosed 2nd Street Parking plan (marked original) . The parking plan originally included: 1. 2nd Street designated as a one-way street. 2. Diagonal parking on both sides of 2nd Street. a. The street is to remain the present width. b. The boulevard on the east side to accommodate diagonal parking (13 parking stalls) . c. The west side parking will utilize a portion of the old railroad property for diagonal parking (33 stalls) . d. Sidewalk on the west side from Oak Street to Elm Street. The HRA requests the City staff and City Council to review and comment on the 2nd Street parking design. The City staff reviewed the proposed 2nd Street parking design and have submitted their suggested modification. Those changes are: 1. 2nd Street should remain a two way street. 2. The parking on the east side be eliminated. 3. East side of 2nd Street surmountable curbing be replaced with concrete aprons and surmountable curb. Aprons in these areas: a. In front of NSP building. b. Back entrance to Knights of Columbus, Farmington Independent, and Gersters Parking area. c. Entrance to the metal garage. d. Entrance to the west side of the Coop building. 4. The 2nd Street east side boulevard would have sidewalks/tree planting areas designed to blend with the downtown sidewalk area:' a. 8 foot wide concrete sidewalks. b. 2 - 4 foot X 8 foot tree planting areas. c. 1 - 4 foot by 16 foot tree planting area. d. 1 - 4 foot by 24 foot tree planting area. e. Seven trees - 1 tree for every 8 feet of planting area. 5. Sidewalks on west side of 2nd Street between Oak and Elm Streets. 6. West side of 2nd Street parking providing 33 diagonal parking stalls. After the Council has reviewed and commented on the 2nd Street Parking plans, the HRA would like to review the comments determining the next course of action and financing of the project. I believe the next steps, if all parties agree on the 2nd Street Parking design concept, is to determine the costs associated with the improvement by HRA requesting a feasibility study. When the cost projections have been prepared, the financing of the project can be determined. This financing may be a joint effort of the City and the HRA or it may be an effort by three or more entities (such as the Chamber of Commerce, Charitable Gambling organizations in the downtown area, etc.) . The exact method of financing the 2nd Street Parking project will be established at a later date. In discussion with several organizations, the Chamber of Commerce , Eagles Club, and the Beautification Committee, the need for additional parking in the downtown area has been stated clearly and precisely. If there are any questions, please feel free to contact me. Aligt4107A #44444:11) Gerald A. Henricks HRA Executive Director GAH/sm cc: HRA members file GAH r AGENDA REQUEST FORM y T TE( NO. NAME: Tom Kaldunski �`i �� �A DEPARTMENT: Public Works r��/ /, DATE: March 10, 1992 d '/Gc ' E&jz)2--,c},a— _ MEETING DATE: March 16, 1992 � i,L1 CATEGORY: Unfinished Business SUBJECT: Commercial Wood Recycling EXPLANATION: A proposal to establish the City's fees for commercial wood recycling will be presented. Currently, 3 customers are serviced by 8i cy dumpsters. REFERENCE MATERIAL/RESPONSIBILITY: Memo - Tom Kaldunski REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Wayne Henneke Finance Russ Matthys Public Works - Solid Waste Ben Klotz Public Works - Solid Waste Thelen Cabinets 21075 Eaton Avenue Dakota County Lumber 100 5th Street Lamperts 109 Spruce Street ,r,,/ `J7/ i i MEMO TO: MAYOR AND COUNCIL SUBJECT: LUMBER RECYCLING FEES DATE: MARCH 12, 1992 I have reviewed the memo dated February 12, 1992 prepared by the Finance Director. I have helped him establish the costs and fees outlined in his memo and I hereby recommend that the City Council adopt the fee of $31.12 per dump of an 8} yard container for lumber recycling. . ; 1.11(40eZirl Thomas J. Kaldunski Public Works Director cc: file Larry Thompson Wayne Henneke TJK Dakota County Lumber Thelen Cabinet Lamperts Memo to: Mayor & Council Date February 12, 1992 Re Lumber Recycling - Commercial Accounts The Public Works Department has been working towards providing an economical alternative method to dispose of waste lumber generated by Dakota Lumber, Thelen Cabinets, and Lamperts . The alternative is to provide an 8 1/2 cubic yard container to each business for their waste lumber. When the container is full, the city will take it to the demolition landfill whose rates are $5 .50 per yard instead of $62 .50 per ton. The business would pay by the dump for the 8 1/2 yard service and would pay the regular rates for any 90 gallon or 300 gallon service they may require. The cost of dumping the 8 1/2 yard container including tip fee, mileage, and manpower is $72 .74 at the demolition landfill compared to $114 . 36 at Pine Bend Landfill representing an avoided cost of $41 . 62 per dump. An analysis of the effect of charging the full $72 . 74 demolition landfill cost per dump was conducted on the three businesses and I discussed the resulting savings with one of the owners. He stated it was unacceptable, the savings would not cover the manpower to separate. He would rather have his 3 yard dumpster back. To make it worth while to the businesses to use the 8 1/2 yard container the City could credit the avoided costs back to the businesses . This would decrease the per dump charge to $31 . 12 . The crediting of the $41 . 62 per dump avoided costs does not allow for an immediate payback of the capital equipment necessary to provide the service but it does take the waste lumber out of the waste stream and as landfill fees increase, the increase in avoided costs will in the long run pay for the capital equipment. The effect of applying the proposed rate of $41 . 62 per dump on the affected businesses is depicted below: Dakota Lumber It is anticipated the 8 1/2 yard container at Dakota Lumber will need to be dumped three times a quarter. Dakota Lumber also has two 300 gallon containers that are dumped once a week. At this level of service Dakota Lumber' s solid waste rate would drop from $580 . 70 per quarter to $349 . 06 per quarter. A 40% savings . Thelen Cabinet Mr. Thelen stated he would need the 8 1/2 yard container dumped four times a quarter. Thelen cabinets also has one 90 gallon container that is dumped once a week. At this level of service Thelen Cabinet ' s solid waste rate would drop from $290.35 per quarter to $173 .48. A 41% savings . Lamperts It is anticipated the 8 1/2 yard container a Lamperts will need to be dumped 2 1/2 times per quarter. Dakota Lumber also has one 90 gallon container that is dumped once a week. At this level of service Lampert ' s solid waste rate would drop from $255.70 to $126. 80 per quarter. A 51% savings. The special rate for disposal of waste lumber is just for city commercial accounts that generate waste lumber. It is not for contractors, special projects, or brush truck type activities . W ) 444444.44414.. Wayne E. Henneke Finance Director c.c. Larry Thompson, City Administrator Tom Kaldunski, Public Works Director Dakota Lumber Company Thelen Cabinets Lamperts file F t AGENDA REQUEST FORM ITEM NO. t/e9e?jit/-4 NAME: Daniel M. Siebenaler DEPARTMENT: Police ---A///9 DATE: March 9, 1992 MEETING DATE: March 16, 1992 ! —fr,zi9— 4• CATEGORY: New Business ;ire! SUBJECT: High School Alarm Fee ✓ / EXPLANATION: Request reduction of bill / REFERENCE MATERIAL/RESPONSIBILITY: See memo REFERRED TO: (NAME) DEPARTMENT: Larry Thompson City Administrator Wayne Henneke Finance Director SI =TURE MEMO TO: Mayor and Council SUBJECT: High School , False Alarms DATE : March 10 , 1992 The Farmington High School has forwarded a request for the reduction of a bill for false alarms . The five alarms in question occurred over the weekends of November 30 and December 15 , 1991. The alarms occurred in rapid sequence and were the result of equipment failure. The school district has taken steps to repair the equipment. When that repair failed they replaced the equipment at considerable expense . ( See attached invoice ) Since the repair took place there have been no equipment malfunctions resulting in false alarms . The purpose of a false alarm ordinance is to give- financial incentive to subscribers to repair deficient equipment and train keyholders in order to limit the number of false alarms . It seems to me that the school has taken immediate steps to not only repair but replace deficient equipment. I would request the City Council to consider reduction of the high school false alarm bill by $750 . If you have any comments or questions , feel free to contact me at your convenience. Danie M. Siebenaler Chief of Police DMS/m Attach . ,Cf: •—i cc — Cfl 4, 4 . •,, ):4.• 0 F 0 M ., Z'," r- -77 -( 1 n . 4 . . _,,, 4 v ,... „.:.< . 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(11 F Ell m-I 0 K m Do c) i g • .'s m , ' -• os .0,0 • _ _ 1 . , . i - 1 I 1 , . i _ ............4.--- -E RECEIVED/ RE BY DATE RECEIVED ti'cl - --- ....- ---4 - ,..-- ., ..- • 4 RECEIVING II ._,.... ' .,8mirritspiriR conutinlY FIIREE SAFETY 65 WEST 77TH STREET • MINNEAPOLIS, MINNESOTA55435 • (612) 893-0798 No TERMS ALL INVOICES REMAINING 4" UNPAID AFTER 30 DAYS WILL BE SUBJECT TO A 11/2% INTEREST CHARGE. ANY ACCOUNT REFERRED TO COLLECTION WILL INCUR AN ADDITIONAL $25 CHARGE. 1 ,713 INVOICE NUMOER YOUR ORDER NUMBER :XD DIS :777 ,.T1c;F SOLD BY L.7 S 712.2, .••,3 72: -; E.:024 DATE 12 cE.: PAGE TERMS NEST UDAYS SHIPPED VIA ITV I PART NUMBER DESCRIPTION I PRICE I NET 60X MIN SERV OHS-INCLUDES 1/2 HOUR 60. 00 60. 00 60.-I STANDARD HOURLY RATE 50. 00 60. 00 sr: STANDARD 1/4 HOUR RATE 5. 00 1,-7. 00 SERV::: SECURITY SYSTE'el ,-7 -2,g5-72) -000_,S50-CO 0-3 i7Z7 ,71 Le DO IDT SEND W , DATE RECEIVED . 4gre E al; r" ED BY RECEIVED BY DAT 1st RECEIVING I DATE 45 PURCHASE ORDER Q1111 a APPROVED BY ',ry -'j' 50®� QUESTED BY 11111 t U;;;,i,,: ti; '- ' IN INVOICE NUMBER r PURCHASE ORDER A88 AMOUNT SUNT NUMBER 6s `` OBJ II AMOUNT . i 111 G 101 11111VW 26 ,R 16WED 20 22®26 .■. •■ . o i , 1111111111111111....M.1111111.....°11111111illiallailliiillaillIONWINelo ' 1111111111111111111111111111111 _UM _a inimmuna ____^ ^ ^ CREDIT-3 D-DISCOUnt. PA FULL-1 R-REVERSAL F-FREIGHT= R REVERSAL PURCHASE ORDER •F-SALES TAV RTIAL- �tTURE INVENTORY B .SALEST AL LEDGER SUPPLIES 9 1-BLANKET 9-1099 — l I — DATE OF ORDER 44 I I 39 N INDEPENDENT SCHOOL DISTRICT NO. 192 PURCHASE ORDER I NOTE:THIS NUMBER MUST O BOARD OF EDUCATION APPEAR ON ALt INVOICES, I SHIPPING PAPERS, PACK- FARMINGTON, V�� 50 C 5ARMING ON,T MI N AGES&CORRESPONDENCE 0 56 E FARMINGTON,MINNESOTA 55024 45 I (612)463-7193 V • c '1»g ,y • Fari'�9r1 Icyi2 EMinnesota Conway Safety Attn:: if a Sc.:>�ranke ill No 3a West 771.11 Cii"ec'L O iA Z a V'I1c:3 1'S:H.J.7ut..,:v r R • l RIAL SAFETY DATA SHEET must be submitted with the invoice on any items containing hazardous substances. i VENDOR NUMBER REQUISITION NO. ARE AUTHORIZED TO FURNISH THE FOLLOWING ARTICLES AT THE PRICES SHOWN AND AT THE TIME AND PLACSE HEREIN SPECIFIEDT 7513 REQUIRED SHIP PREPAID VIA"BEST WAY"UNLESS OTHERWISE INDICATED. DIST.USE AMOUNT DESCRIPTION MUMS © QUANTITY I ._n."aJ?i r `-;.'{:LIE"! „ SjSten cn 12/9/91: k 1 S �.ls ��i V.`M f�t) � 1 , S .3t` JV..l:{.: '.1.i:—.I I 7'1 113".Y '7i I ?ane; t2• Jiurt :- ,,,i , T'vI i _ PATE RECEIVED RECEI=�BY...—— BY .. �, � ✓ DATE RECEIVED �� RDS^^ Z1= ',., ��/��' 2nd ^' 4 AGENDA REQUEST FORM ITEM NO. Oa— NAME: Larry Thompson DEPARTMENT: Administration DATE: March 5, 1992 MEETING DATE: March 16, 1992 CATEGORY: Miscellaneous SUBJECT: Reschedule Goals and Objectives/Project Planning Workshop EXPLANATION: Self Explanatory REFERENCE MATERIAL/RESPONSIBILITY: REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Department Heads ,0,, SIGNATURE ''' MEMO TO: MAYOR AND COUNCIL SUBJECT: GOALS AND OBJECTIVES WORKSHOP DATE: MARCH 12, 1992 As you are aware, the Goals and Objectives Workshop scheduled for March 23, 1992 needs to be rescheduled in order to meet with the HRA and Mr. Bargen. Therefore, the meeting should be rescheduled. The following should also be considered: A. Mr. Bargen cannot make the March 23, 1992 meeting. I have been playing telephone tag with Mr. Bargen for the past week but, hopefully, I will have some tentative dates available for the meeting Monday night. Perhaps the Council could still meet on March 23rd to discuss Goals and Objectives. B. I have received feedback from various Planning Commission members that they would like to meet with the Council to discuss the February 21st Council workshop and the 1992/1993 Council goals and objectives. 1 • ' /1 /17'c Larry Thompson ��C�IJs La City Administrator /` cc: Department Heads u Jerry Henricks file f'//j C C;( w V A AGENDA REQUEST FORM ITEM NO. // # , 4 NAME: Larry Thompson -- 7/ 1 ' DEPARTMENT: Administration DATE: March 2, 1992 �f MEETING DATE: March 16, 1992 — —--. .i' CATEGORY: Miscellaneous SUBJECT: Review Open Meeting Law EXPLANATION: Update on existing law REFERENCE MATERIAL/RESPONSIBILITY: Update - Dave Harmeyer REFERRED TO: (NAME)- DEPARTMENT: Larry Thompson SI MEMORANDUM TO: MAYOR AND COUNCIL FROM: David L. Harmeyer DATE: March 10, 1992 RE: Open Meeting Law Due to the addition of our new Councilman, Larry has asked that I provide a brief update on the "Open Meeting Law" as contained in Minnesota Statutes Section 471.705, et seq. The general rule is that all meetings shall be open to the public. A schedule of regular meetings must be kept and be available to the public. Special (non-emergency) meetings may be held if notice has been posted on the principal bulletin board of the Council or the Council chamber door, and one of the following has been done: (1) mailing notices to the individuals who have requested notice of special meetings; or (2) publishing a notice in the INDEPENDENT. All the above must be done at least three (3) days prior to the special meeting. An emergency meeting may be held when in the judgment of the Council, circumstances require immediate consideration by the Council. Nothing else may be considered at the emergency meeting. Notice shall be given to each member of the news media who has filed a written notice if the request includes a telephone number. The notice shall include the topic of the meeting. Minutes must be kept of all meetings, and all votes shall be recorded. When written material is presented or prepared by the Council or its employees and is distributed to or available to the Council members, at least one copy must be available for public to review (Excluding confidential materials) . The law considers it to be a meeting if three or more Council Members discuss City business. This does not mean that three or more Council Members may not meet at social functions; however, they may not use the social functions as a ruse to discuss or conduct any City business. The Council shall close a meeting if any of the following data is discussed: (1) Any data that would identify alleged victims of criminal sexual conduct, domestic abuse, or Page 2 of 2 maltreatment of minors or vulnerable adults. (2) Active investigative law enforcement data (concerning an open investigation) or internal affairs data relating to allegations of law enforcement personnel misconduct collected by a public entity. (3) Educational data, health data, medical data, welfare data or mental health data that is classified as not public data under Section 13.32, 13.38, 13.42 or 13 . 46, Subdivision 2 or 7. (These restrictions would not generally apply to the City as they apply to schools, hospitals, mental health centers and county welfare agencies) . The Council shall close a meeting for preliminary consideration of charges against an individual subject to its authority; however, the meeting must be open at the request of the individual who is the subject of the meeting. The Council may close a meeting when permitted by attorney- client privilege, i.e. , to discuss pending litigation. The Council may close a meeting to discuss labor negotiations; however, the meeting must be taped and available to the public after all labor contracts covering the same period are signed. /sl I AGENDA REQUEST FORM ITEM NO. , ill 0/ NAME: Wayne Henneke / )41 DEPARTMENT: Finance #1 . • DATE: March 10, 1992 MEETING DATE: March 16, 1992 V CATEGORY: Petitions, Requests and Communications SUBJECT: Potential LGA Cuts EXPLANATION: Discuss impact of LGA cuts proposed by Governor Carlson. Possible interim proposals. REFERENCE MATERIAL/RESPONSIBILITY: Memo - Larry Thompson/Wayne Henneke REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Department Heads W ) 4;14°4444". SIGNAA ` Memo to: Mayor & Council Date March 11, 1992 Re : 1992 LGA Proposed Reductions Governor Carlson is proposing to raid the Local Governmental Trust Fund to balance the State' s General Fund Budget. John Tomlinson, League of Minnesota Cities, stated the effect upon Farmington' s 1992 Local Government Aids would be a reduction of approximately $139,000 . It is highly unlikely the cut will be that much but there is a good probability there will be cuts. The 1992 Budget has $49, 905 in contingencies built into it, $25,000 for general contingency and $24,905 in equipment contingency. It is very early in the year to expend the general contingency. It ' s main purpose is to fund unexpected expenditures throughout the year such as mega-storms and unbudgeted expenditures . 1992 revenues have not been analyzed at this time. It is early in the year to know of any unanticipated revenues for 1992 . The 1991 audit has not been finalized but we know there will be a significant decrease in general fund - fund balance because of the funding of the Sr. Center Operating Fund deficit and 1990 retro-active salaries paid in 1991 . Funding of the LGA reduction will be very difficult if it is over $100,000 . The Council will be looking at reductions of service. The Council may have to decide whether to fund certain activities • or maybe eventually eliminating or curtailing specific programs . Since the governor ' s proposal has not been adopted, it is not recommended to make actual cuts at this time. The Administrator and Department Heads will meet to establish a proposed contingent plan for LGA reductions . In the mean time it is recommended all capital outlay expenditures be frozen. Since it may be recommended to use all city funds to cover the LGA reduction it is recommended the freeze also apply to the enterprise funds. L ry Thom son Wayne Henneke City Administrator Finance Director c.c. Department Heads file ii - - ammommo_1 . o51 I ozy ... ' o '' .kw ° CA'43g ,"- X r#D 1 , .1 cia 1:6 ".4 1:$ C! o D "y yQ moa t A b p C/i It g 3 o A o:0-E. 1 gall cr k,: oi o So all;�'r ' Atov �'opop a 5si . 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" O = ate s al IP Elt,i V _ . ..„, , !if 1401..-a A � 11 aP.as AGENDA REQUEST FORM ITEM NO. NAME: Tom Kaldunski \1/4` 1 DEPARTMENT: Public Works / DATE: March 10, 1992 MEETING DATE: March 16, 1992 CATEGORY: Consent Agenda O %)St.' SUBJECT: Culvert Steamer Purchase EXPLANATION: Proposal to .urchase the e.ui.ment .ud:eted in 199 REFERENCE MATERIAL/RESPONSIBILITY: Memo - Tom Kaldunski REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Wayne Henneke Finance To*:Raldunski Public Works Jerry Bauer Public Works Ben Klotz Public Works SIGNATURE MEMO TO: MAYOR AND COUNCIL SUBJECT: CULVERT STEAMER PURCHASE DATE: MARCH 12, 1992 The 1992 CIP Budget has set aside $5,000 for the purchase of a culvert steamer. The Public Works Department has been researching the purchase. A number of equipment demonstrations have been conducted. At the start of the process, the Department reviewed steamers used by other cities. It was found that these large units which melt frozen ice in culverts and storm sewers utilizing true steam required large boilers. This type of unit cost $20,000 - $25,000 and it requires an operator with a boilers license. This type of unit is the best, however, it is not the best alternative for the Department. Upon further review, it was determined that hot water, pressure washers would work very effectively for not only melting ice in culverts, but also cleaning small diameter service lines such as the one in the City's shop which traps grease and debris from the equipment. These types of units heat the water to 150° - 200° F and generate 2000 - 3000 psi depending upon the size of the unit and the nozzle. It can be used to clean the Department's equipment also. An additional benefit can be derived from a $200 wet sand blasting attachment which would allow the Department to effectively prepare surfaces on various types of equipment for repainting (truck boxes, snow plows, curbs, hydrants, etc.) . This sand blasting attachment would save a lot of time when compared to scraping with a wire brush. Based upon the Department's review, this type of unit provides the best alternative purchase with the most versitility. Attached is a capital outlay request for the purchase of a hot water power steamer. It is my recommendation that the City Council authorize the purchase of the Hotsy Model 750, per the quote attached, including the sand jet kit for total purchase price of $5,099.00. The extra $99 would be funded through the Department's material and supplies budget. i/C1L/ Thomas Kaldunski Public Works Director ' cc: file Larry Thompson Wayne Henneke Jerry Bauer Ben Klotz TJK TJK/mh REQUEST FORM CAPITAL OUTLAY PURCHASES DEPARTMENT Public Works DATE OF REQUEST March 16, 1992 I TEM(S) TO BE PURCHASED Hot Water Pressure Washer and Appurtenances AMOUNT PROVIDED IN ORIGINAL/ADJUSTED 1992 BUDGET : $ 5,000 AMOUNT REMAINING AS OF DATE OF REQUEST : $ 5,000 QUOTATIONS RECEIVED : 1 . VENDOR Hotsy Model 750 DATE 2/24/92 AMOUNT $ 5,099 2 . VENDOR Aladdin Model 4020 DATE 2/24/92 AMOUNT $ 4,795 Hotsy Model 954 2/24/92 5,792 :ATTACH QUOTATIONS, IF VERBAL QUOTES, EXPLAIN BELOW COMMENTS : Hotsy Model recommended due to dual lance wand for detergent feed, hose reel and $1,000 product liability coverage. DEPART,:, NT HEAD SIGNATURE ATE FINAN E DIRE TOR SIGNATURE 4A-114 --- TO : THE MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. SIGNATURE OF CITY ADMINISTRATOR DATE ACTION TAKEN BY THE COUNCIL ON THE DAY OF 19 (APPROVED) (NOT APPROVED) FILE: Cr • 4(ieu HOtSyr SPECIFICATIONS AND PRICE TOTATION: HOTS! MODEL 750 WATER VOL 3 GPM, 180 GPH WATER PUMP PRESSORS 1750 P.S.I. WATER PUMP • Hawk Triplex, Positive-Displacement Ceramic Plungers, Brass Manifold Oil Bath Crankcase. PUMP DRIVE • 8 Horse Power, I/C Series Gasoline, Oil Alert Shut Off, Electric Start, Alternator, Battery, Pull Start. OIL FIRED HEATER 290,000 BTU/HR. , UL-Listed Burner, Pressure-Atomizing Type with Automatic Ignition. CONTROLS 1) Adjustable Temperture Controller 2) Safety Pressure Relief Valve, Self Cleaning Type, 3) Pressure-Switch Burner Controller and Low Water Shut-Off Burner 4) Dual Detergent Valve TRIa.FlI GUN • 4000 P.S.I. Rated WAND 48" Dual Lance Wand DETERGENT SYSTEM Injector Down Stream, Adjustable • SSE ASSEMBLY 100 X 3/8" Wire Braid, 3000 P.S.I Pressure, Burst Pressure is 4 Times Working Pressure, 8" High Pressure Hose Reel Hotsy SPECIFICATIONS AND PRICE QUOTATION: CONTINUE): FITTINGS - All Pressure Fittings will be Rated at 3000 P.S.I. Burst Pressure Rating, Including; Elbows, Tee's, Pipe Nipplings Involved with Pressure end of unit. CULVERT DEICING ITEMS Including, Sewer. Nozzle, Self Fired Type High Pressure Rail. Valve for operator Control. INSURANCE $ 1,000,000 PRODUCT LIABILITY COVERAGE SUPPORT • Provide Parts and Service within 24 HOURS during Normal Hours of Operation. EXTRA OPTIONS • Portable Gear Kit $ 264.80 Sand Jet Kit $ 195.00 DETERGENTS • Carbonate (Degreaser) 55 Gals $ 300.00 PRICE QUOTATION: COST = $ 6087.00 SALES ALLOWANCE • $ 878.00 SUB TOTAL $ 5209.00 TIRADE MILM NC.B = $ 500.00 $ 4709.00 FREIGHT • $ 195.00 TAX EXEMPT TOTAL • $ 4904.00 P54) 99 JD I • ,, AGENDA REQUEST FORM i(/ ITEM NO. NAME: Larry Thompson DEPARTMENT: Administration i/UltAli- DATE: March 2, 1992 7-Th MEETING DATE: March 16, 1992 CATEGORY: Consent /Z- r SUBJECT: Adopting Data Practices Compliance EXPLANATION: Updating various policies relating to compliance with the Data Practices Act REFERENCE MATERIAL/RESPONSIBILITY: Policy/Memo - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Department Heads /SILTRE721374-fr— -' MEMO TO: MAYOR AND COUNCIL - SUBJECT: DATA PRACTICES ACT COMPLIANCE DATE: MARCH 11, 1992 Per M.S. Chapter 13 (Minnesota Data Practices Act) the City Council designated me as the responsible City authority under the act and ratified various policies and procedures for administering the act. Various housekeeping changes have been made to the act which should be incorporated into the City policy. I have enclosed a copy of a proposed policy which incorporates the changes, the "minimum administrative charge" adopted by the Council in 1990 and updates the fee schedule. It is recommended that the attached resolution be adopted. -ri7e44— arry Thompson City Administrator cc: Department Heads Jerry Henricks Dave Harmeyer file PROPOSED RESOLUTION RATIFYING MINNESOTA GOVERNMENT DATA PRACTICES ACT POLICY Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Farmington, Minnesota, was held in the Civic Center of said City on the 16th day of March, 1992 at 7:00 P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, pursuant to Minnesota Statutes Chapter 13, commonly referred tots the Minnesota Government Data Practices Act (Data Practices Act) , the City Council appointed Larry Thompson as the responsible authority for the City of Farmington; and WHEREAS, pursuant to M.S. Chapter 13, Larry Thompson has proposed various amendments to the City's policies and procedures for administering the Data Practices Act; and WHEREAS, such amended policy is now before the Council for its consideration. NOW THEREFORE, BE IT RESOLVED that such policy, a copy of which is on file in the office of the City Clerk, is hereby ratified. This resolution adopted by recorded vote of the Farmington City Council in open session on the 16th day of March, 1992. Mayor Attested to the day of , 1992. SEAL Clerk/Administrator • MEMO TO: DEPARTMENT HEADS SUBJECT: DATA PRACTICES DATE: FEBRUARY 27, 1992 Attached please find a copy of the updated Data Practices policy. Please review the policy paying particular attention to Attachment D and Page 4. Please note that if protected information is not properly classified, it can lead to all sorts of problems. This item will be discussed at the March 2nd Department Head meeting. airy' Thompson City Administrator 2/28/92 CITY OF FARMINGTON PROCEDURES TO ADMINISTER THE MINNESOTA GOVERNMENT DATA PRACTICES ACT I, Larry Thompson, the Responsible Authority for the City of Farmington, appointed under a resolution adopted by the City Council on the 19th day of March, 1984, hereby establish the following procedures for the administration of the Minnesota Government Data Practices Act. DEFINITIONS 1. "Responsible Authority" for the City of Farmington means the individual designated by the City Council as the individual responsible for the collection, use and dissemination of any set of data on individuals, government data, or summary data, unless otherwise provided by State Law. 2. "Government Data" means all data collected, created, received, maintained, or disseminated by the City regardless of its physical form, storage media or condition of use. 3. "Data on Individuals" means all government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or i=other identifying data can be clearly demonstrated to be only incidental to the data and the data is not assessed by the name or other identifying data of any individual. 4. "Individual" means a natural person. In the case of a minor, "individual" includes a parent or guardian in the absence of a parent or guardian, except that the Responsible Authority shall withhold data from parents or guardians or individuals acting as parents or guardians in the absence of parents or guardians, upon request by the minor if the Responsible Authority determines that withholding the data would be in the best interest of the minor. 5. "Public Data on Individuals" means data which is accessible to the public in accordance with the provisions of M.S. 13.03. 6. "Private Data on Individuals" means data which is made by statute or federal law applicable to the data; not public and accessible to the individual subject of that data. Private data on individuals does not include arrest information that is reasonably contemporaneous with an arrest or incarceration. 7. "Confidential Data on Individuals" means data which is: (a) made not public by statute or federal law applicable to the data and is inaccessible to the individual subject to the data; or -1- 2/28/92 • CITY OF FARMINGTON PROCEDURES TO ADMINISTER THE MINNESOTA GOVERNMENT DATA PRACTICES ACT I, Larry Thompson, the Responsible Authority for the City of Farmington, appointed under a resolution adopted by the City Council on the 19th day of March, 1984, hereby establish the following procedures for the administration of the Minnesota Government Data Practices Act. DEFINITIONS 1. "Responsible Authority" for the City of Farmington means the individual designated by the City Council as the individual responsible for the collection, use and dissemination of any set of data on individuals, government data, or summary data, unless otherwise provided by State Law. 2. "Government Data" means all data collected, created, received, maintained, or disseminated by the City regardless of its physical form, storage media or condition of use. 3. "Data on Individuals" means all government data in which any individual is or can be identified as the subject of that data, unless the appearance of the name or i=other identifying data can be clearly demonstrated to be only incidental to the data and the data is not assessed by the name or other identifying data of any individual. 4. "Individual" means a natural person. In the case of a minor, "individual" includes a parent or guardian in the absence of a parent or guardian, except that the Responsible Authority shall withhold data from parents or guardians or individuals acting as parents or guardians in the absence of parents or guardians, upon request by the minor if the Responsible Authority determines that withholding the data would be in the best - - interest of the minor. 5. "Public Data on Individuals" means data which is accessible to the public in accordance with the provisions of M.S. 13.03. 6. "Private Data on Individuals" means data which is made by statute or • federal law applicable to the-data; not public and accessible to the individual subject of that data. Private data on individuals does not include arrest information that is reasonably contemporaneous with an arrest or incarceration. 7. "Confidential Data on Individuals" means data which is: (a) made not public by statute or federal law applicable to the data and is inaccessible to the individual subject to the data; or -1- (b) collected by a civil or criminal investigation agency as part of an active investigation undertaken for the purpose of the commencement of legal action. Confidential data on individuals does not include arrest information that is reasonably contemporaneous with an arrest or incarceration. 8. "Data Not on Individuals" means all government data which is not data on individuals. 9. "Public Data Not on Individuals" means data which is accessible to the public pursuant to M.S. 13.03. 10. "Non-Public Data" means data not on individuals which is made by statute or federal law applicable to the data; (a) not public; and (b) accessible to the subject of the data. 11. "Protected Non-Public Data" means data not on individuals which is made by statute or federal law applicable to the data: (a) not public; and (b) not accessible to the subject of the data. 1.2. "City"means the City of Farmington, Minnesota. 13. "Designee" means any person designated by a Responsible Authority to be in charge of individual files or systems containing government data and to receive and comply with request for government data. 14. "Person" means any living individual, partnership, corporation, association, business trust, or a legal representative of an organization. 15. "Arrest Information" shall include: (a) name, age and address of an arrested individual; (b) the nature of the charge against the arrested individual; (c) the time and place of the arrest; (d) the identity of the arresting agency; and (e) information as to whether an individual has been incarcerated and the place of incarceration. Arrest information does not include data specifically made private, confidential, or non-public pursuant to M.S. 260.161 or any other statute. -2- 16. "Summary Data" means statistical records and reports derived from data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristics that could uniquely identify an individual are ascertainable. 17. "Commissioner" means the Commissioner of the Department of Administration. 18. "Security Information" means government data the disclosure of which would be likely to substantially jeopardize the security of information, possessions, individuals or property against theft, tampering, improper use, attempted escape, illegal disclosure, trespass or physical injury. 19. "Trade Secret Information" means government data, including a .formula, pattern, compilation, program, device, method, technique, or process that: (a) was supplied by the affected individual or organization; (b) is the subject of efforts by the individual or organization that are reasonable under the circumstances to maintain secrecy; and (c) derives independent economic value, actual or potential, from not being generally known to or not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use. 20. "Labor Relations Information" means management positions on economic and noneconomic items that have not been presented during the collective bargaining process or interest arbitration, including information specifically collected or created to prepare the management position. 21. "Investigative Detention Data" means government data created, collected, used or maintained by the State reformatories, prisons and correctional facilities, municipal or county jails, lock ups, workhouses, work farms and other correctional and detention facilities which: (a) if revealed, would disclose the identity of an informant who provided information about suspected illegal activities; and (b) if revealed, is likely to subject the informant to physical reprisals by others. 22. "Tenneson Warning" is a statement which classifies a document as private, con- fidential, protected or non public, with the stated reason or authorization for such classification. REQUESTS FOR GOVERNMENT DATA All requests for government data must be made by completing the Information Disclosure Request (Attachment A) . When requesting private or confidential data, the requesting person must identify himself by presenting a Minnesota driver's license or another identification card acceptable to the Responsible Authority or designee which contains a photograph of the individual requesting the data. Requests for government data shall be received by the Responsible Authority or by the appropriate designee in charge of the particular files or systems containing the government data requested. (See Attachment B.) Every attempt shall be made to comply with the requests in an appropriate and prompt manner as specified by these procedures and by the Minnesota Government Data Practices Act. The requesting person will -3- be billed for the cost of making, certifying and compiling the information based on the attached schedule. (See Attachment C.) SECURITY SAFEGUARDS No employee or agent of the City may release any private or confidential data to any person unless that employee is the Responsible Authority or one of his designees, or another person authorized by the Responsible Authority. To the best possible extent, private, confidential, protected or non public information shall be classified (See Attachment D) or stamped with a Tenneson Warning. It shall be the responsibility of the individuals listed in Attachment D to ensure that the stated files are properly classified and/or marked with the Tenneson Warning. TYPES The types of records, files and processes relating to private and confidential data on individuals or non-public and protected non-public data not on individuals retained by this City and the citation to Federal law or State statute authorizing this classification are the following: Private or Confidential Data on Individuals 1. Personnel Data Personnel data means data on individuals collected because the individual is or was an employee of, an applicant for employment by, performs services on a voluntary basis for, acts as an independent contractor with, or is a member of an advisory board or commission for the City. (a) Except for persons described in Paragraph D below, the following personnel data on current and former employees, those who perform services on a voluntary basis, applicants for employment, persons acting as independent contractors, and members of advisory boards and commissions of this City is public: - name; - city and county of residence; - actual gross salary; - salary range; - contract fees; - actual gross pension; - the value and nature of employer paid benefits; - the basis for and the amount of any added remuneration, including expense reimbursement, in addition to salary; - job title; - job description; - education and training background; - previous work experience; - date of first and last employment; - the status of any complaints or charges against the employee whether or not the complaint or charge resulted in a disciplinary action, excluding data that would identify confidential sources who are employees of the public body; - the terms of any agreement settling administrative or judicial proceedings; - the final disposition of any disciplinary action and supporting documentation *; -4- - work location; - work telephone number; - badge number; - honors and awards received; - payroll time sheets or other comparable data that are only used to account for employee's work time for payroll purposes, except to the extent that release of time sheet data would reveal the employee's reasons for the use of sick or other medical leave or other not public data. * For purposes of this subdivision, a final disposition occurs when the City makes its final decision about the disciplinary action, regardless of the possibility of any later proceedings or court proceedings. In the case of arbitration proceedings arising under collective bargaining agreements, a final disposition occurs at the conclusion of the arbitration proceedings. Final disposition includes a resignation by an individual when the resignation occurs after the final decision of the City or arbitrator. (b) Nothwithstanding any law to the contrary, with respect to data collected and maintained on members, survivors and beneficiaries by statewide retirement systems that is classified as public data in accordance with subdivision 2, those retirement systems may be only required to disclose name, gross pension, and type of benefit awarded, except as required by Sections 13.03, Subd. 4 and 6, and 13.05, Subd. 4 and 9. (c) Except for applicants described in Paragraph (e) , the following personnel data on current and former applicants for employment by this City is public: - names of applicants, when certified, if the City has a civil service system, or otherwise determined to be eligible for appointment to a vacancy; - veteran's status; - relevant test scores; - - rank on eligible list; - job history; - education and training; - work availability. (d) All other personnel data including, but not limited to, the following types, categories, files and processes, is PRIVATE data on individuals, except pursuant to a valid court order: - data collected for disciplinary proceedings prior to the hearing; - insurance status; - medical records when part of personnel data; - psychological evaluations; - social security numbers; - physical limitations; - adult criminal history data; - references; - employee home addresses and telephone numbers; - sick leave forms containing doctors' reports; -5- - oral interviewer file prior to an applicant's oral exam; - exit interview responses; - racial and ethnic data; - marital status; - reference check data as it appears on the employment application; - opinion questionnaire responses by potential employees; - college transcripts, except for name of institution, degree granted, and date; - names of applicants for employment until certified as eligible for appointment to a vacancy. (e) All personnel data maintained by this City relating to an individual employed as or an applicant for employment as an undercover law enforcement officer is PRIVATE data on individuals. 2. City Attorney Notwithstanding the provisions of this Chapter and M.S. 15. 17, the use, collection, storage and dissemination of data by the City Attorney acting in his professional capacity for this City shall be governed by statutes, rules and professional standards concerning discovery, production of documents, introduction of evidence and professional responsibility. The provisions of the Minnesota Government Data Practices Act do not apply to city attorneys. This provision shall not be construed to affect the applicability of any statute, other than this Chapter and M.S. 15. 17, which specifically requires or prohibits disclosure of specific information by the City Attorney, nor shall this provision be construed to relieve the Responsible Authority, other than the City Attorney, from his duties and responsibilities pursuant to the Minnesota Government Data Practices Act and M.S. 15. 17. 3. Law Enforcement Data Law enforcement data when collected or maintained by the law enforcement agency of this City: (a) Crime Prevention Programs. Data on participants in crime prevention programs including lists of property with identification numbers or evaluations or recommendations related to structural security against unauthorized entry is PRIVATE. (b) Police Logs. Data contained on incident complaint reports, variously called logs or dockets, comprising a chronological record of events, is PUBLIC, however, that data on individuals which could reasonably be used to determine the identity of an undercover agent, informant, or victim of criminal sexual conduct is PRIVATE data on individuals; provided further that any other data classified by law as PRIVATE or CONFIDENTIAL contained in the incident complaint reports shall remain PRIVATE or CONFIDENTIAL data. (c) Investigative Techniques. Information concerning procedures which reflect deliberative processes or investigative techniques of law enforcement agencies is CONFIDENTIAL. -6- (d) Crime Victims. The prosecuting attorney of this City shall release investigative data collected by the City's law enforcement agency to the victim of a criminal act or his legal representative, upon written request, unless the prosecuting attorney reasonably believes that the release of the data will interfere with the investigation, or that the request is prompted by a desire on the part of the requester to engage in unlawful activities. (e) Investigative Data. Data collected by a civil or criminal investigative agency is part of an active investigation undertaken for the purpose of the commencement of a civil or criminal legal action is CONFIDENTIAL. Arrest information that is reasonably contemporaneous with the arrest or incarceration is PUBLIC. (f) Criminal Records. The following criminal records shall not be used, distributed or disseminated with any application for public employment nor in connection with an application for a license: 1. records of arrest not followed by a valid conviction; 2. convictions which have been, pursuant to law, annulled or expunged; 3. misdemeanor convictions for which no jail sentence can be imposed. (g) Accident Reports. All written reports and supplemental reports required to be provided to the Department of Public Safety by this section shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department of Public Safety, the Minnesota Department of Transportation, and appropriate federal, county and municipal governmental agencies for accident purposes, except that the Department of Public Safety or any law enforcement department of any municipality or county in this State shall, upon written request of any person involved in an accident or upon written request of the representative of his estate, his surviving spouse, or one or more of his surviving next of kin, or a trustee appointed pursuant to M.S. 573.02, disclose to such requester, his legal counsel or a representative of his insurer any information contained therein except the parties' version of the accident as set out in the written report filed by such parties or may disclose identify of a person involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident. No such report shall be used as evidence in any trial, civil or criminal, arising out of an accident, except that the Department of Public Safety shall furnish upon the demand of any person who has, or claims to have, made such a report or, upon demand of any court, a certificate showing that a specified accident report has or has not been made to the Department of Public Safety solely to prove a compliance or a failure to comply with the requirements that such report be made to the Department of Public Safety. Disclosing any information contained in any accident report, except as provided herein, is unlawful and a misdemeanor. Nothing herein shall be construed to prevent any person who has made a report pursuant to this Chapter from testifying in any trial, civil or criminal, arising out of an accident, as to facts within his knowledge. It is intended by this subdivision to render privileged the report required but it is not intended to prohibit proof of the fact to which -7- such reports relate. Legally qualified newspaper publications shall, upon request to a law enforcement agency, be given an oral statement covering only the time and place of the accident, the names and addresses of the parties involved, and a general statement as to how the accident happened without attempting to fix liability upon anyone, but said legally qualified newspaper publications shall not be given access to the hereinbefore mentioned confidential reports, nor shall any such statements or information so orally given be used as evidence in any court proceeding, but shall merely be used for the purpose of a proper publication of the news. When these reports are released for accident prevention purposes, the identity of any involved person shall not be revealed. Data contained in these reports shall only be used for accident prevention purposes, except as otherwise provided by this subdivision. Accident reports and data contained therein which may be in the possession or control of departments or agencies other than the Department of Public Safety shall not be discoverable under any provision of law or rule of court. (h) Injury from Firearm Records. Reports required by M.S. 626.52 and 626.53 are CONFIDENTIAL. The name of person(s) making such report shall not be disclosed except as provided by M.S. 626.54. (i) Maltreatment of Minors Reports. Reports required by M.S. 626.556 are PRIVATE except that such reports shall be made available to the prosecuting attorney. The records shall be collected and maintained in accordance with the provisions of M.S. 13.03 and an individual subject of a record shall have access to the record in accordance with those sections, except that the name of the reporter shall be disclosed only by the local welfare agency if the report is found to be unsubstantiated, or by the local welfare agency upon court order if the report is found to be substantiated. Records maintained by local welfare agencies, the Police Department, or County Sheriff under this section must be destroyed as follows: 1. all records relating to reports which, upon investigation, are found to be false shall be destroyed immediately; 2. all records relating to reports which, upon investigation, are found to be substantiated shall be destroyed seven years after the date of the final entry in the case records; and 3. all records of reports which, upon initial investigation, cannot be substantiated or disproved to the satisfaction of the local welfare agency, local police department, or county sheriff may be kept for a period of one year. If the local welfare agency, local police department or county sheriff is unable to substantiate the report within that period, each agency unable to substantiate the report shall destroy its records relating to the report. -8- (j) Juvenile Records. Peace officers' records of children shall be kept separate from records of persons 18 years of age or older and shall not be open to public inspection or their contents disclosed to the public except by order of the juvenile court. No photographs of a child taken into custody for any purpose may be taken without the consent of the juvenile court. 4. Elected Officials Correspondence Correspondence between individuals and elected officials is PRIVATE data on individuals, but may be made public by either the sender or recipient. 5. Security Information Security information is PRIVATE in accordance with M.S. 1673, Subd. 2. 6. Trade Secret Information Trade secret information is PRIVATE in accordance with M.S. 1673, Subd. 2. 7. Labor Relations Information Labor relations information is PRIVATE in accordance with M.S. 1673, Subd. 2. 8. Sealed absentee ballots prior to opening by an election judge are PRIVATE in accordance with M.S. 1673, Subd. 2. 9. Sealed bids prior to the opening of the bid are PRIVATE in accordance M.S. 1673, Subd. 2. NON-PUBLIC OR PROTECTED NON-PUBLIC DATA NOT ON INDIVIDUALS 1. Examination 'Data. Data consisting solely of testing or examination materials, or scoring keys used solely to determine individual qualifications for appointment or promotion in public service, or used to administer a licensing examination, or academic examination, the disclosure of which would compromise the objectivity or fairness of the testing or examination process are classified as NON PUBLIC, except pursuant to court order. 2. Security information is NON PUBLIC in accordance with M.S. 13.37. 3. Trade secret information is NON PUBLIC in accordance with M.S. 13.37. 4. Labor relations information is NON PUBLIC in accordance with M.S. 13.37. -9- 5. Sealed absentee ballots prior to opening by an election judge are NON PUBLIC. 6. Sealed bids prior to the opening of the bid are NON PUBLIC. 7. Deferred Assessment Data. Any data, collected by political subdivisions pursuant to M.S. 435.103, which indicates the amount or location of cash or other valuables kept in the homes of applicants for deferred assessment, is PRIVATE data. 8. Federal Contracts Data. To the extent that a federal agency requires it as a condition for contracting with a State agency or political subdivision, all government data collected and maintained by the State agency or political subdivision because that agency contracts with the federal agency is classified as either PRIVATE or NON PUBLIC depending on whether the data is data on individuals or data not on individuals. 9. Property Complaint Data. The names of individuals who register complaints with state agencies or political subdivisions concerning violations of state laws or local ordinances concerning violations of state laws or local ordinances concerning the use of property are classified as CONFIDENTIAL. 10. Investigative Detention Data. Investigative detention data is CONFIDENTIAL and shall not be disclosed except: (a) pursuant to M.S. 13.05 or any other statute; (b) pursuant to a valid court order; or (c) to a party named in a civil or criminal proceeding, whether administrative or judicial, to the extent required by the relevant rules of civil or criminal procedure. RIGHTS OF DATA SUBJECTS The rights of individuals on whom the data is stored or to be stored by this City are set forth here. Collection of Data 1. Collection and storage of government data and data on individuals by employees and agents of the City shall be limited to that necessary for the administration and management of programs specifically authorized by the federal government, legislature and this City. 2. Private or confidential data on an individual shall not be collected, stored, used or disseminated by this City for any purpose other than those stated to the individual at the time of collection except as provided below. (a) Data collected prior to August 1, 1975 which has not been treated as public, may be used and disseminated for the purposes for which the data was originally collected or for purposes which are specifically approved by the Commissioner as necessary to public health, safety or welfare. -10- (b) Private or confidential data may be used and disseminated to individuals or agencies specifically authorized access to that data by state or federal law subsequent to the collection of the data. (c) Private or confidential data may he used and disseminated to individuals or agencies subsequent to the collection of the data when specifically approved by the Commissioner as necessary to carry out a function assigned by law. 3. All individuals asked by any employee or agent of this City to supply private or confidential data concerning himself shall be informed of: (a) the purpose and intended use of the requested data within the City; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequence arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. 4. Private data may be used by and disseminated to any person or agency if the subject(s) of the data have given their informed consent. When consent is given by the signing of an authorization statement, such statement must be: (a) in plain language, (b) dated, (c) specific in designating the particular persons or agencies to whom the data subject is authorizing to disclose information about him/her, (d) specific as to the nature of the information he/she is authorizing to be disclosed, (e) specific as to the persons or agencies to whom he/she is authorizing the information to be disclosed, (f) specific as to the purpose for which the information may be used by any of the parties named in clause (e) , both at the time of the disclosure and at any time in the future, (g) specific as to its expiration date which should be within a reasonable period of time, not to exceed one year, except in the case of authorizations given in connection with applications for life insurance or noncancelable or guaranteed renewal health insurance and identified as such, two years after the date of the policy. PROCEDURES TO ASSURE THAT ALL DATA ON INDIVIDUALS IS ACCURATE, COMPLETE AND CURRENT Within the time and budgetary limitations established by the City Council, the Responsible Authority and designees will review all data on individuals in the possession of the City to determine if, to the best of their knowledge, it is -11- accurate, complete and current for the purposes for which it was collected. All subjects of public and private data, to the extent that this data is in active use within the City, shall be notified when the Responsible Authority has reason to believe that the data on these individuals is not accurate, complete and current for the purposes for which it was collected unless the data subject otherwise notifies the Responsible Authority. 1. An individual asked to supply private or confidential data concerning himself has the right to be informed of: (a) the purpose and intended use of the requested data within this City; (b) whether he may refuse or is legally required to supply the requested data; (c) any known consequences arising from his supplying or refusing to supply private or confidential data; and (d) the identity of other persons or entities authorized by state or federal law to receive the data. 2. Upon request to the Responsible Authority or a designee, an individual shall be informed: (a) whether he is the subject of stored data on individuals; (b) whether it is classified as public, private or confidential. 3. Upon his further request, an individual who is the subject of store private data on individuals shall be shown the data without charge to him and, if he desires, shall e informed of the content and meaning of that data. After an individual has been shown the private or public data and informed of its meaning, the data need not be disclosed to him for six months thereafter, unless a dispute to this section is pending or additional data on the individual has been collected or created. 4. The Responsible Authority shall provide copies of data upon request by the individual subiect of the data. The cost of providing copies shall be borne by the individual. 5. The Responsible Authority shall comply immediately, if possible, with any request made pursuant to this section or within five days of the date of the request, excluding Saturdays, Sundays and legal holidays, if immediate compliance is not possible. If he cannot comply with the request within that time, he shall so inform the individual, and may have an additional five days within which to comply with the request, excluding Saturdays, Sundays and legal holidays. -12- 6. An individual may contest the accuracy or completeness of public or private data concerning himself. To exercise this right, an individual shall notify, in writing, the Responsible Authority describing the nature of the disagreement. The Responsible Authority shall, within 30 days, either: (a) correct the data found to be inaccurate or incomplete and attempt to notify past recipients of inaccurate or incomplete data, including recipients named by the individual; or (b) notify the individual that he believes the data to be correct. Data in dispute shall be disclosed only if the individual's statement of disagreement is included with the disclosed data. APPENDIX TO PUBLIC DOCUMENT Forms are provided for gathering private or confidential data on individuals and/or non-public or protected non-public data not on individuals. -13- Attachment A INFORMATION DISCLOSURE REQUEST MINNESOTA GOVERNMENT DATA PRACTICES ACT REQUEST FREQUENCY (PRIVATE DATA ON INDIVIDUALS) Minnesota Statutes 1978, Section 15. 165, Subd. 3, "After an individual has been shown the data and informed of its meaning, the data need not be disclosed to him for six months thereafter unless a dispute or action pursuant to this section is pending or additional data on the individual has been collected. Please Print Your Name Address Phone Date of Request Information You Request Please note: Pursuant to Section 15.1621, Subd. 3, you will be required to pay the normal fees for researching, making, certifying and compiling copies of the requested information. The estimated cost for providing the requested information is $ Your Signature For Office Use Only Request Handled By: Date Received Classification of Requested Information: Public Data on Individuals Private Data on Individuals Confidential Data on Individuals Public Data NOT on Individuals Non-Public Data NOT on Individuals Request is Denied in Accordance with Request is Approved Authorized Signature Charges: $ Cash Check No. Attachment B MEMO TO: DEPARTMENT HEADS SUBJECT: MINNESOTA GOVERNMENT DATA PRACTICE ACT POLICY DATE: FEBRUARY 28, 1992 The following policy relating to the Minnesota Government Data Practice Act shall be in effect immediately. 1. The only employees authorized to handle requests for public information in the Administration Department are the Administrator, Finance Director and Administrative Assistant. The only employees authorized to handle requests in the Police Department are the Administrator and Police Chief. 2. All persons requesting public information must fill out an "Information Dis- closure Request" form. (Attachment A) 3. All persons shall be permitted to inspect and copy government data during regular business hours, 8:00 A.M. to 4:30 P.M. , Monday through Friday except holidays. This must be done under the supervision of the responsible authority or his/her designee. 4. All persons may receive copies of public information upon request. If copies cannot be provided at the time the request is made, they must be provided as soon as reasonably possible. 5. The requesting person must pay the actual costs of making, certifying and com- piling the copies based on the attached schedule. 6. Public information requested by any person which is not in summary form or in an existing report will be compiled by City staff and the charge for com- piling such information will be based on the attached schedule. 7. If the responsible person or designee determines that the requested data is classified so as to deny the requesting person access, the responsible authority or designee shall so inform the requesting person orally at the time of the request and in writing within 72 hours, and shall cite the statute, temporary classification, or Federal law on which the determination is based. /27 372176144------ Larry Thompson City Administrator cc: Mayor and Council Dave Harmeyer file LT/mh Attachment C MINNESOTA GOVERNMENT DATA PRACTICES ACT FEE SCHEDULE Hourly Rate Administrator $40/hour Finance Director $35/hour Police Chief $35/hour Administrative Assistant $35/hour Accountant I/Billing Clerk $20/hour Clerk Typist/Secretary $20/hour Xerox Copies .20/each Mylar 5.00/copy Blue Line Copy (except 2' contour) 2.00/copy Zoning Maps .50/each Comprehensive Plan 5.00/copy Redevelopment Plan 4.00/copy 2' Contours 15.00/acre Comprehensive Storm Water Plan 10.00/copy Water Supply and Distribution Plan 10.00/copy Assessment Search 10.00/each NOTE: Staff time shall be charged only if the time necessary to comply with the request for information exceeds 15 minutes. Persons requesting information shall be notified of such charges. Attachment D CITY OF FARMINGTON DATA PRACTICES Private, Confidential, Protected or Non Public Documents GOVERNMENT ENTITY: City of Farmington • 325 Oak Street Farmington, MN 55024 RESPONSIBLE AUTHORITY: Larry Thompson City Administrator 325 Oak Street Farmington, MN 55024 RECORD/FILE SYSTEM: I. NAME: Current Labor Negotiations DESCRIPTION: Contains information relative to labor relations with Teamsters Local 320. CLASSIFICATION: Non Public Data CITATION: M.S. 13.37, Subd. 2 DESIGNEE: Larry Thompson II. NAME: Comparable Worth - Evaluation DESCRIPTION: Contains information relative to the evaluation of all full time jobs within the City. CLASSIFICATION: Private data on individuals. CITATION: M.S. 13.43, Subd. 4 DESIGNEE: Larry Thompson III. NAME: Personnel - Complaints/Charges DESCRIPTION: Background and investigatory materials relative to ongoing complaints or charges which may or may not result in disciplinary action. CLASSIFICATION: Private data on individuals. CITATION: M.S. 13.43, Subd. 4 DESIGNEE: Wayne Henneke IV. NAME: Personnel - Private/Non Public DESCRIPTION: Information on City personnel not classified as public data pursuant to M.S. 13.43, Subd. 2 and M.S. 13.43, Subd. 3, including job applicants. CLASSIFICATION: Private data on individuals. CITATION: M.S. 13.43, Subd. 4 DESIGNEE: Wayne Henneke V. NAME: Licenses - Background/Investigative DESCRIPTION: Background and/or investigative materials relating to complaints against any license. CLASSIFICATION: Private Data; Confidential Data CITATION: M.S. 13.43, Subd. 3, M.S. 13.43, Subd. 4 DESIGNEE: Karen Finstuen VI. NAME: Complaints/Pending Legal Action DESCRIPTION: Data collected as part ofan active investigation undertaken for the purpose of commencement or defense of a pending civil legal action. CLASSIFICATION: Non Public Data CITATION: M.S. 13.39, Subd. 2 DESIGNEE: Larry Thompson VII. NAME: Internal Memos - Confidential DESCRIPTION: Any memos clearly marked confidential. (Note: May be released by permission of recipient or sender.) CLASSIFICATION: Private Data on Individuals CITATION: M.S. 13.33 DESIGNEE: N/A VIII. NAME: City Attorney's File DESCRIPTION: Information collected and stored to be used by the City Attorney acting in his professional capacity on behalf of the City. CLASSIFICATION: Non Public Data CITATION: M.S. 13.30 DESIGNEE: Dave Harmeyer IX. NAME: Action Request Forms DESCRIPTION: Information obtained from individuals used to initiate corrective actions or enforcement of codes or policies. CLASSIFICATION: Confidential CITATION: M.S. 13.44 DESIGNEE: Karen Finstuen Attachment E CITY OF FARMINGTON CLERKS OFFICE POLICIES AND PROCEDURES PURPOSE It shall be the purpose of this policy to set forth rules and procedures to: A. Establish uniform procedures regarding the activities of the Clerk's office. B. Enhance the coordination of the Clerk's office with the various departments with the City. C. Define the duties and responsibilities of City employees regarding the activities of the Clerk's office. TYPING All information to be typed by the Administrative staff shall abide by the following procedure: A. The draft copy shall be submitted to the Administrative Assistant for instruction. B. The Administrative Assistant shall assign the typing with instructions. C. The typed original shall be distributed and a copy maintained in the filing system. MAIL A. Outgoing: 1. All City mail shall be submitted to the Receptionist/Typist by 4:00 P.M. on each business day. 2. The Receptionist/Typist shall sort and stamp appropriate postage. 3. The Receptionist/Typist shall deliver the mail to the Post Office at approximately 4: 15 P.M. , but not later than 5:00 P.M. . 4. Arrangements for special mailings, or unusually large mailings shall be made prior to 1:00 P.M. with the Receptionist/Typist. B. Incoming: (Does not apply to Police Department) 1. The Receptionist/Typist shall sort all mail, open and date all administrative mail. 2. The Receptionist/Typist shall be authorized to sign any certified mail receipts on behalf of the City. 3. The Receptionist/Typist shall distribute the mail to appropriate employees. FILING For the purpose of this section, the terms files and filing includes all files within the Clerk's office except the following: Financial, Personnel, Building Permits, work files and files listed as confidential or private data by the Responsible Authority under the provisions of the Data Practices Act. A. No files shall be removed from or returned to the filing cabinets except by the Clerk/Typist or designee. • 14. B. The Clerk/Typist shall compile and maintain a list of existing files and said list shall be available to all employees. C. Information to be filed shall be clearly labeled as to which category it shall be filed. If no appropriate category exists, or the person wishes to start a new file, it shall be clearly indicated on a note attached to the information. D. Information shall only be filed by the Clerk/Typist or designee. E. No file shall be removed from the Clerk's office unless authorized by the Clerk/Typist. DATA PRACTICES The policies and procedures relating to the Data Practices Act as outlined in Exhibit A and shall be incorporated into this policy. AGENDA REQUEST FORM ITEM NO. 1 p Nom: Russ Matthys 1 DEPARTMENT: Public Works - Solid Waste 7< 77 DATE: March 12, 1992 - "12.2 MEETING DATE: March 16, 1992A, -170101r7 ' G :/ CATEGORY: Consent Agenda SUBJECT: Spring Clean Up Day I / EXPLANATION: Including local townships in the bi-annual City Clean Up activities. REFERENCE MATERIAL/RESPONSIBILITY: Memo/Correspondence - Russ Matthys REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Wayne Henneke Finance Tom Kaldunski Public Works Russ Matthys Public Works Ben Klotz Public Works • SIGNATURE nr,,, MEMO TO: MAYOR AND COUNCIL SUBJECT: SPRING CLEAN UP PARTICIPATION DATE: MARCH 13, 1992 The City's Spring Clean Up Day is coming upon us once again. The scheduled date is Saturday, May 16th. Last year, at the Fall Clean Up Day, both Empire and Castle Rock Township residents participated in the drop off activities. (See attached letter and agreement.) Agree- ments were signed by the Townships and City. The Townships paid for their residents' share of the disposal costs of the items dropped off. The Townships also paid their share of the costs for labor and equipment used. The arrangement has been very suc- cessful and positive for all parties involved. It has been proposed that the two aforementioned Townships and the City continue to share in the participation. It has also been proposed that the participating parties continue to share costs as in the past. Written correspondence relaying the desire to participate each biannum would replace a formal agreement for each Clean Up Day with this proposal. This proposal addresses the participation of Empire and Castle Rock Townships. Con- sideration may need to be taken possible future participation by Eureka Township. As of last year, their answer to inquiries about participating were vague. Apparently they will let us know when they want to participate. I await your direction regarding participating townships and agreements. MC\c'e < kdtSS Russ Matthys 5444"- Assistant City Engineer • St FAIN* ,.,---a.:7„._ . 14 ki, Faso, September 9, 1991 Gerald Stelzel, Chair Empire Township 18875 Chippendale Avenue Farmington, MN 55024 Dear Mr. Stelzel, The City of Farmington has scheduled its Fall semi annual Clean Up Day for October 12, 1991. As you are aware, this cooperative program has enjoyed tre- mendous success in the past, and the City hopes that the Town Board will once again participate. I have enclosed a copy of an agreement relating to the Fall Clean Up Day. As you may note, the agreement is similar to previous agreements. The only change is a reflection of large appliance disposal costs. The City has been informed that it will be charged $5.00 per appliance which contain freon or capacitors. I have attached a summary report of the Spring Clean Up Day, which will give you some idea of the number of appliances involved. Please note that the appliances listed include ovens, clothes dryers, washing machines and so on which would not be charged the $5.00 fee. It is anticipated that -the City :will..nat break :outthe actual number of..ap- pliances which are charged $5.00 for the following reasons: 1. It is assumed the ratio of appliances charged the fee to exempt appliances is consistent among the jurisdictions. 2. Differentiating between appliances would require an additional worker. Each jurisdiction will share the actual large appliance charges pro rated by the actual number of appliances dropped off. Once again, the City looks forward to Empire Township's participation in this pro- gram. Due to notification and pre-publicity timelines, it would be appreciated if you could respond as soon as possible. If you have any questions, please contact me. Yours truly, cc: Tom Kaldunski Penny Dimmen Bob Williamson Floyd Henry / Raren Finstuen file ar h•mp • ' - Wayne Henneke Ci Administr- or Ma or and Council '4 ti4 FWUItlltgtlUt 325 Oak Skeet • Fwlouts**. In 55024 • (612) 463-7111 - • AGREEMENT THIS AGREEMENT made and entered into this ' day of , 1991, by and between the City of Farmington, a Minnesota municipal corporation, hereinafter referred to as "the City" and Empire Township, hereinafter referred to as "Empire". WHEREAS, the City is conducting a Clean Up Day for City residents on October 12, 1991 between 8:00 A.M. and 4:00 P.M. at 4300 West 220th Street; and WHEREAS, Empire residents wish to also participate in the Farmington Clean Up Day. NOW THEREFORE, in consideration of the above and other good and valuable considerations, the parties hereto agree as follows: 1. Empire Township residents will be allowed to participate in the Farmington Clean Up Day on October 12, 1991. 2. Only the following items will be accepted from Farmington and Empire residents: a. Tires b. Scrap Metal c. Large Appliances - washers, dryers, stoves, refrigerators, etc. d. Small Appliances - televisions, microwave ovens, radios, etc. e. Furniture - including mattresses and box springs f. Batteries. 3. Empire agrees to pay its share of the costs for the Clean Up Day as follows: a. The costs for labor, a skid loader, and miscellaneous expenses shall be apportioned based on the ratio that the number of Empire residents participating bears to the total number of persons participating. b. The cost of semi trailers will be apportioned based on the ratio that the number of tires dropped off by Empire residents bears to the total number of tires dropped off. c. The costs of dumpsters and packer trucks will be apportioned based on the ratio that the quantity of other wastes dropped off by Empire residents bears to the total quantity of other wastes dropped off. d. The costs associated with the disposal of appliances will be apportioned based on the ratio that the number of appliances dropped off by Empire residents, bears to the total number of appliances dropped off. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. CITY OF FARMINGTON EMPIRE TOWNSHIP BY: BY: Eugene Kuchera, Mayor Chair BY: BY: Larry Thompson, City Administrator Clerk