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HomeMy WebLinkAbout04.01.96 Council Packet AGENDA COUNCIL MEETING REGULAR APRIL 1, 1996 ANNUAL BOARD OF EQUALIZATION MEETING - 7:00 P.M. 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA 4. CITIZENS COMMENTS (5 minute limit per person for items not on agenda) a. Proclaim April 6, 1996 'as Amber Hegland Hometown Day 5. CONSENT AGENDA (All items approved in 1 motion unless anyone wishes an item removed for discussion) a. Approve Minutes - 3/18/96 (Regular) ; 1/29/96 (Special) b. Approve Temporary 3.2 On Sale License - Farmington Independent Fastpitch Softball Tournament c. Approve School/Conference Request - City Manager's Spring Conference d. Approve School/Conference Request - HazMat Refresher Course - Fire e. Receive Bids/Approve Sale of Solid Waste Dumpsters f. Approve 3.2 Beer and Cigarette License - Kwik Trip g. Approve News Articles for "City News Page" in the Independent h. Residential Speeding Update - Police Department i. D.A.R.E. Update - Police Department j . Approve Payment of the Bills 6. PUBLIC HEARINGS/AWARD OF CONTRACTS a. 7:30 P.M. - Vacation of Easements within Townhouses of Nelsen Hills Farm 7. PETITIONS, REQUESTS AND COMMUNICATIONS 8. ORDINANCES AND RESOLUTIONS 9. UNFINISHED BUSINESS a. Receive Environmental Report/Authorize Securing Wausau Supply Easement per Agreement b. Adopt Resolution Receiving Bids/Awarding Contract - Project 93-14 - Southeast Area Storm Sewer - Wausau Alignment c. Adopt Resolution Accepting Feasibility Report/Ordering Preparation of Plans and Specifications for 1996 Seal Coat Project d. Adopt Resolution Accepting Bids and Awarding Contract for Pool Reconstruction Project e. Approve Commercial Recycling Contract 10. NEW BUSINESS 11. MISCELLANEOUS , 12. REPORTS FROM COMMISSIONS, COMMITTEES, COUNCILMEMBERS a. Water Board Update 13. UPCOMING MEETINGS a. April 8, 1996 - 8:00 P.M. - Council Workshop 14. ADD ON 15. ADJOURN TO: Mayor and Councilmembers FROM: John F. Erar, City Administrator SUBJECT: Supplemental Agenda Items DATE: April 1, 1996 INTRODUCTION The following items are being added to the April 1, 1996 agenda. DISCUSSIOIQ Add Item5k Liquor Store Operation - Staff Appointment Recommendation Add Item 9f City Hall Remodeling Project Budget The following items have supplemental information to be attached: Item 9a - PEER Report on Additional Subsurface Investigation - Wausau Supply Storm Sewer Project - 93-14 Item 9d - Adopt Resolution Accepting/Awarding Bids for Project 96-15 - Pool Reconstruction Item 9e - Approve Commercial Recycling Contract RECOMMENDATION It is recommended the above items be added to the Agenda. Respectfully submitted, •hn F. Erar Pity Administrator Ceig 4 Faitsgti4igitut 325 Oak Sheet • Fa mtixgiss, fkK 55024 • (612) 463-7111 0D AGENDA REQUEST FORM Item No. 4a Name: Eugene Kuchera Department: Council Date: March 15, 1996 MeetingDate: April 1 , 1996 Category: Consent Subject: Proclaim April 6 , 1996 as Amber Hegland Hometown Day Explanation: The U of M has requested that the City adopt a proclamation declaring April 6 , 1996 as Hometown Day for Amber Hegland. The "U" will be honoring Amber at a special ceremony during a Womens Inter- collegiate Softball Game on that day. They have also requested that Reference Material/Responsibilitythe Mayor and Council attend the ceremony and game to present the award to Amber. If you will be able to attend, please notify Mary Hanson so that she can let the ceremony sponsors how many will be present. Referred To: (Name) Department a; A1(6 °i1/./104.e/k. Si afore UNIVERSITY OF MINNESOTA Twin Cities Campus Women's Intercollegiate Athletics 250 Bierman Field Athletic Building 516-15th Avenue S.E. Minneapolis,MN 55455 612-624-8000 Fax:612-624-8018 February 23, 1996 Babe Kuchera Mayor Farmington City Hall 325 Oak Street Farmington, MN 55024 Dear Mayor Kuchera: I am writing to you regarding the University of Minnesota Women's Intercollegiate Athletic Department and WCCO Radio 8*3*0 Hometown Day salute of student-athlete Amber Hegland. We will be saluting Amber and her hometown of Farmington, Saturday, April 6 between games of the Minnesota vs. Michigan State doubleheader at 1p.m. at the Bierman Softball Complex, U of M Campus. We would like to invite you and other representatives from city to be a part of this special day. At this celebration,we are asking you to present a proclamation for AMBER HEGLAND HOMETOWN DAY! This celebration is one of ten HOMETOWN DAYS, a promotion designed to salute some of Minnesota's finest student-athletes. During its inaugural year of 1989-90, Hometown Days honored fifteen student-athletes from thirteen Minnesota hometowns. I look forward to seeing you and others from Farmington. Please call me at (612) 624- 7345 if you will be able to join us. I will be in contact with you soon. Thank you for your time and consideration. Sincerely, Diane Achterkirch Promotions Director 1 - -- - ft, ,_,,,,,, o her Softball p , 1 R 3 • ,..ftit. WCCO 1 1 I`Jr -/*- ff Unillik iversity f M • inneso#a TM q�� Women's Athletics 4 -, Women s Athletics UNIVERSITY OF MINNESOTA j 3 Present DA irS -HOMETOWN AM",,B;,,..E ,taz,„: R ,....„,.„..,. 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S . Activities Office 463-6504 PROCLAMATION OFFICIAL AMBER HEGLAND HOMETOWN DAY APRIL 6, 1996 WHEREAS, the City of Farmington,Minnesota, is actively concerned and involved in nurturing and supporting the educational and physical development and achievements of its natives and residents;and WHEREAS, the achievements academically and athletically of our native citizen, Amber Hegland,are a source of great community pride and interest as she represents our hometown in the nation and at the University of Minnesota as an accomplished athlete and student; and WHEREAS, she will be especially honored during ceremonies at the University of Minnesota; and the"Hometown Days" celebration of her achievements is representative of the recognition our City supports. NOW,THEREFORE, as Mayor of the City of Farmington, I, Eugene "Babe" Kuchera,hereby ordain and declare the date of April 6, 1996 as Official Amber Hegland Hometown Day in the City'of Farmington. Proclaimed by the Mayor and Council of the City of Farmington, this First Day of April, 1996. SEAL Mayor Eugene"Babe" Kuchera AGENDA REQUEST FORM Item No. 5c Name: John Erar. Department: Administration Date: March 22, 1996 MeetingDate: April 1 , 1996 Category: Consent Subject: School/Conference Request - City Manager' s Spring Conference Explanation: Reference Material/Responsibility Request/Information - John Erar Referred To: (Name) Department John Erar Administration Karen Finstuen Administration Wayne Henneke Finance Rosemary Swedin Finance Signa e • REQUEST FORM SCHOOLS/CONFERENCES/TRAINING DEPARTMENT Administration DATE OF CONFERENCE_ May 8 /10 - 1296 From To LOCATION Brainerd, Minnesota EMPLOYEE (S) ATTENDING: 1 ) John Erar 2) TYPE OF CONFERENCE City Manager' s Siring Conference TOPICS 1 ) Local Government Workplace of the 21st Century _ 2) - Chani/n Roles, Productivity & Expectations 3) METHOD OF TRAVEL Personal Vehicle Amount Provided in Adjusted • 1 ) Travel $ 1931 Budget $__34IQQp___ 2) Registration $ 160 . 00 3) Room $ 264. 32 Amount Request $ LIA.5 4) Meals $ Amt Remaining $_,2,05 _ 5) Other Expense $ adore, QeadeST _ (--d4° LO .0;(1Lja5" De�art rent Head Date F i riar�c�e Director Date TO MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. CI ADMINISTRATOR Date ACTION TAKEN BY THE COUNCIL ON THE DAY OF , 19 ____ (APPROVED) (NOT APPROVED) Rev 9/86 AGENDA REQUEST FORM Item No. 5d Name: Ken Kuchera Department: Fire Date: March 22, 1996 MeetingDate: April 1, 1996 Category: Consent Subject: School/Conference Request - HazMat Refresher Course Explanation: Request for all members of the Fire Department to attend Confined Space Entry and Rescue Course at Anoka-Hennepin Technical College Reference Material/Responsibility Request - Ken Kuchera Referred To: (Name) Department John Erar Administration Karen Finstuen Administration Wayne Henneke Finance Ken Kuchera Fire Signature MEMO TO : WAYNE HENNEKE , FINANCE DIRECTOR SUBJECT: FIRE/RESCUE CONFINED SPACE ENTRY TRAINING COURSE DATE : MARCH 26 , 1996 On April 8, 1996 we have tentatively scheduled Anoka/Hennepin Technical College to provide all members of the department with a four (4) hour continuation of the subjected course. The cost of this session is $ 180. I am requesting to utilize Rescue Schools and Conference funds ( 101 -422-500-743-800) . Ken Kuchera Fire Chief cc : FFD Board of Directors Rosemary Swedin REQUEST FORM SCHOOLS/CONFERENCES/TRAINING DEPARTMENT !- , JC E DATE OF CONFERENCE t 43,// G 6 JL y From To LOCATION T-Ci-11111, 16%"_ k-lit-Q Cat;'- w 4L -P Iaid- ' EMPLOYEE (S) ATTENDING: 1 ) a- 0 2) TYPE OF CONFERENCE _C��_�,J4Ln6AALCC n �/c61 -e iTOPICS 1 ) ._� ___ �� 2) 1: ► • - _ ' ..,/14.1(.. i_i_414.44L--- METHOD OFVEL ,` Amount Provided in Adjusted 1 ) Travel $____ 194. Budget $__/ ___ 2) Registration, 4_J&&•g- 3) Room $___ 1" Amount Request $ I g 0 4) Meals $___ _ 2 Amt Remaining $__1_1(2.00 5) Other Expense $__11_ (>'.e.AA_L.4.2 Department H ad Da a � Finacd7/�reF� or ate -,0FiF..._,.`--r-o- ,guz_ ti,j2.4 , 0- /0/- _;-2„7-- s o4 '- 7 /.3 goo • TO MAYOR AND COUNCIL I RECOMMEND THE ABOVE REQUEST BE APPROVED. W41__- CIT ADMINISTRATOR _ .„0.5/9 6 Date ACTION TAKEN BY THE COUNCIL ON THE DAY OF , 19 ____ (APPROVED) (NOT APPROVED) Rev 9/86 MAR 22 '96 14:42 P.1 • • FAXED TO: Mark Fischbach 463-2591 TO: Mark Fischbach,Farmington Fire Department FROM: Dale Mashuga„AHTC FF Coordinator RE: Rental Cost DATE: March 22, 1996 The cost of the Confined Space Entry and Rescue course scheduled with Kevin Vito on April 8th is$180.00. This is a four hour session. If you have any questions,feel free to call me at 576-4989 or 799-4100(Mobile#). Thank You. DM/jl AGENDA REQUEST FORM Item No. 5e Name: Tom Kaldunski Department: Public Works Date: March 22, 1996 MeetingDate: April 1 , 1996 Category: Consent Subject: Approve_ Sale of Public Works Equipment - Solid Waste Dumpsters Explanation: The City has received bids for the sale of solid waste dumpsters . Reference Material/Responsibility Memo - Tom Kaldunski Referred To: (Name) Department John Erar Administration Wayne Henneke Finance Tom Kaldunski Public Works Lena Larson Public Works Ben Klotz Public Works Signature MEMO TO: Mayor, Council and City Administrator FROM: Thomas J. Kaldunski, P.E. Director of Public ! , n Works/City Engineer = SUBJECT: Receive Bids/Approve Sale of Solid Waste Dumpsters DATE: April 1, 1996 INTRODUCTION The City Council has authorized the advertisement of the sale of 10- 3 cubic yard containers and 8- 1-1/2 yard containers. These containers are no longer needed by the Public Works Department. DISCUSSION Per the advertisement, the City has received two bids from local solid waste haulers. The notice was sent to approximately 8-9 haulers soliciting bids on the equipment. The following outlines the two bids received. Bidder Dick's Sanitation Mendota Heights Rubbish 10 - 3 cy containers $75/each $750.00 $45/each $450.00 8 - 1-1/2 cy containers $75/each $600.00 $30/each $240.00 TOTAL BID $1,350.00 $690.00 5% Deposit $67.50 $34.50 check The City Council can choose between two options, sell the containers to the highest bidder, which is Dick's Sanitation or keep the containers. I have reviewed the City needs with Benno Klotz, the Solid Waste Supervisor. BUDGET IMPACT The sale of this equipment would add to the department's Capital Improvement fund. These funds could be utilized on future capital improvements in the department. RECOMMENDATION It is my recommendation that the City Council authorize the sale of this equipment to Dick's Sanitation in the amount of their high bid of$1,350.00. Cali Fautt1H92i1.i1 325 Oak Stteef • Favdixgtax. Wit 55024 • (612) 463-7111 T�,� DICK 'S SANITATION, Inc. P.O. BOX 769 • LAKEVILLE, MN 55044 • 469-2239 • FAX 469-1146 D IS March 21, 1996 City of Farmington 325 Oak St. Farmington, MN 55024 RE: BID FOR 10- 3yd dumpsters, and 8 - 1.5 yd dumpsters. Dick's Sanitation proposes the following 10 - 3 yd rear load containers @ $75.00 each $750.00 8 - 1.5 yd rear load containers @ $75.00 each $600.00 TOTAL $1,350.00 Certified Check 5%.... $67.50 6AA..171) 447— otti.,----- Brett Anderson Dick's Sanitation, Inc. s •n n m 4 m a m I* "Service Excellence Since 1966" t611) NppTA HEI0,_ �� P.O. Box 98 Hampton, MN 55031-0098 (612) 437-6786 SH March 18, 1996 City of Farmington 325 Oak Street Farmington, MN 55024 Attn: Thomas Kaldunski, P.E. Director of Public Works/City Engineer Re: Advertisement for Bid On City owned Dumpsters Dear Sir: After viewing the rearload containers we purpose the following: 10 - 3 cy dumpsters @ $15.00 per yd = $450.00 8 - 1 1/2 cy dumpsters ® $20.00 per yd = $240.00 Total $690.00 Per your request, a check for 5% or $34.60 is enclosed. If you have further questions, please feel free to call 437-4488. Thank you, 7 Mike Feist Mendota Heights Rubbish Service, Inc. c 0 a � m C (I) f Q M 0- a Z Z N W W /�* 0 O a W N W _c F- 2 72 m o O M O _ U) L 0 -4-- d e `u AGENDA REQUEST FORM Item No. 5g Name: Karen Finstuen Department: Administration Date: March 22, 1996 MeetingDate: April 1 , 1996 Category: Consent Subject: Approve April' s Article for City News Page Explanation: Dave Schreier will continue with his series of articles on the responsibilities and duties of the City Councilmembers.. Reference Material/Responsibility Referred To: (Name) Department jttuz Signature A, TO: MAYOR, "'"2.• COUNCILMEMBERS /fL. • ..'1 CITY ADMINISTRATOR FROM: KAREN FINSTUEN ADMINISTRATIVE ASST. SUBJECT: CITY NEWS PAGE DATE: MARCH 27, 1996 INTRODUCTION Dave Schreier will continue his series of monthly articles. April's publication will deal with duties of City Councilmembers. Dave will contact you for input. ACTION REQUIRED Approval as a Consent Agenda item. Respectfully submitted, Karen Finstuen Administrative Assistant cc: File Dave Schreier Ciij Clb Fauttiagialt 325 Oak Shed • Faui ixgfex OW 55024 • (612) 463-7111 AGENDA REQUEST FORM Item No. 5h Name: Dan Siebenaler Department: Police Date: March 26, 1996 MeetingDate: April 1 , 1996 Category: Consent Subject: Residential Speeding Update Explanation: Per Council request at the March 18, 1996 Council meeting. Reference Material/Responsibility Memo - Dan Siebenaler Referred To: (Name) Department John Erar Administration Karen Finstuen Administration Dan Siebenaler Police Li,. Q Se4,) Signature x � w TO• Mayor, Councilmembers, City Administrator FROM: Daniel M. Siebenaler Chief of Police SUBJECT: Speed Enforcement DATE: April 1, 1996 INTRODUCTION This memo will serve as follow up to Council direction regarding speed enforcement in residential areas . DISCUSSION During a discussion of traffic issues at the March 18th meeting the Police Department was directed to enhance speed enforcement in residential . areas. A speed survey was completed during the Summer of 1995 . Based upon this study, it was concluded that there were relatively few ticketable violators in areas observed. There were few drivers exceeding the posted limit by our policy standard. As a result of Council direction, I have directed increased patrol in residential areas . In order to better define problem areasdI have also directed that another survey be done. Numbers and speeds of vehicles will be recorded. Violators will be ticketed as appropriate . I am trying to arrange for the use of a speed trailer. This device would be parked in residential target areas and will visually display to drivers their actual speed. I would point out that use of the trailer would be short term but may help to reduce speed violations . C .y Fcucixgtat 325 Oak Street • FcwKixgEcx IRK 55024 • (612) 463-7111 �y Mayor, Councilmembers, City Administrator April 1, 1996 Page 2 Of 2 If you have additional comments or questions, feel free to contact me at your convenience. ACTION REQUESTED For informational purposes only. Respectfully submitted, Daniel M. Siebenaler Chief of Police DMS:ts cc : Department Heads AGENDA REQUEST FORM Item No. 5i Name: Dan Siebenaler Department: Police • Date: March 26 , 1996 MeetingDate: April 1, 1996 Category: Consent Subject: Elementary School D.A.R.E. Graduation Explanation: Self Explanatory Reference Material/Responsibility Memo - Dan Siebenaler Referred To: (Name) Department John Erar Administration Dan Siebenaler Police iki2ANA0i* Signature '�� f TO: Mayor, Council Members, City Administrator FROM: Daniel M. Siebenaler Chief of Police SUBJECT: DARE Graduation DATE: April 1, 1996 INTRODUCTION This memo will serve as advance notification of the Elementary School DARE Graduation. DISCUSSION The 1995-96 DARE Program in both of Farmington' s Elementary Schools will conclude with a graduation ceremony on April 23, 1996 . The ceremony will be held at Farmington Middle School at 7 : 00 PM on that date. As you know DARE Graduation is a significant event for our fifth grade students and is well attended by the public. In recent years our attendance has exceeded 1500 people. You will be receiving a formal invitation to the ceremony from Officer Ted Dau. I am providing you this advance notice for planning purposes. I sincerely hope you can be present to show your support for our students as they celebrate this achievement . If you have any questions, feel free to contact me at your convenience . ACTION REQUESTED Information only. Respectfully submitted, Daniel M. Siebenaler Chief of Police DMS/m City aU Fahu+ciggtag 325 Oak Sheaf • Fa/ultimtax. in 55024 • (612) 463-7111 �^ AGENDA REQUEST FORM Item No. 9e Name: Tom Kaldunski Department: Public Works Date: March 22, 1996 MeetingDate: April 1 , 1996 Category: Unfinished Business Subject: Approve Commercial Recycling Agreement Explanation: Self Explanatory Reference Material/Responsibility Memo/Agreement - Tom Kaldunski Referred To: (Name) Department John Erar Administration Wayne Henneke Finance Tom Kaldunski Public Works Ben Klotz Public Works Lena Larson Public Works /4.4.441/alidd Signature • , MEMO TO: Mayor, Council mbers and City 37- 7 Administrator• �' � ' FROM: Thomas J. Kaldunski, P.E. '' Director of Public Works/City Engineer Director r +f SUBJECT: Approve Commercial Recycling Contract DATE: April 1, 1996 INTRODUCTION The City Council has given direction to modify the City's commercial recycling services. A request for proposals was prepared with the lowest cost proposal received from Dick's Sanitation. City staff met with some of the affected customers on March 5, 1996 to review the changes in commercial recycling services. DISCUSSION Attached you will find a copy of the proposed agreement for your review and approval. The City is modifying it's,commercial recycling service in an effort to reduce costs associated with solid waste operations. Staff has determined that it is not feasible for the City to purchase a new rear load packer (bid price of$85,000) to continue the current services. Staff has reviewed proposals for providing these commercial recycling services. The attached agreement utilizes the proposal submitted by Dick's Sanitation. Commercial customers will see an increase in the cost of recycling services from the current level, which is at no cost, to the monthly charges outlined in the agreement, ranging from $14 to $212.50 per month. The total cost of these commercial recycling services are estimated to be $15,370/year. Staff has worked closely with Dakota County's Department of Environmental Services to ensure that the City meets the requirements of the County's Solid Waste Management Ordinance 110. The individual customers have a choice to make with regards to recycling versus landfilling of materials. The City is encouraging recycling because it is less costly than landfilling. The costs of 10 cy dumpsters and the hook lift truck service will be increasing from $60 per pull to $90 per full for disposal of clean wood products hauled to Dunham Brothers or $125 per pull for disposal at the SKB Demolition Landfill. BUDGET IMPACT It is anticipated that the overall impact of the changes to the commercial recycling operations outlined in this memo will have a positive impact on the Public Works department's budget. The City will avoid the cost of a major equipment purchase estimated at $85,000. City at Fweseiggfax 325 Oak Street • Fau«.ixgtax. 14(i( 55024 • (612) 463-7111 C7 T� n RECOMMENDATION It is recommended that the City Council approve the agreement with Dick's Sanitation for commercial recycling services. The program will be implemented as soon as possible after the April 1, 1996 meeting if approved. It is also recommended that the City Council approve the new rates for the use of the 10 cy dumpster for commercial recycling as outlined in this memo. This will also be implemented upon Council approval. Respectfully Submitted, 4,‘4 XL" Thomas laldunski, P.E. Director of Public Works/City Engineer TJK/11 cc: file Wayne Henneke Benno Klotz TJK Dave Grannis, City Attorney DRAFT AGREEMENT THIS AGREEMENT made and entered into this day of , 1996, by and between the City of Farmington, a Minnesota municipal corporation (hereinafter "City"), and Dick's Sanitation Service, Inc., a Minnesota corporation (hereinafter "Contractor"). I. Basic Transaction. The City proposes to continue its program for picking up recycled materials and special collection for bulk mixed solid waste (hereinafter "bulk collection") within the City of Farmington at all locations presently being served by the City's solid waste service, for commercial customers as outlined in the attached request for proposals, labeled Exhibit "A". II. Definitions. 2.1 "Recyclable Materials" means newsprint, including all newspaper materials and inserts, glass, aluminum, oil, batteries, steel and "tin" cans, uncoated corrugated cardboard, plastics, and magazines, catalogs, and glossies, and all other materials mutually agreed to by the City and Contractor. 2.2 "Recycling Collection" means the picking up of all recyclable materials accumulated in containers at the locations noted in Exhibit "B" (all of these locations are limited to solely those locations presently being served by the City's solid waste service) and the transporting of the recyclable materials to a site where they can be processed for the marketplace as determined by the Contractor which is acceptable to City. III. Scope of Services. 3.1 The Contractor shall collect all recyclable materials in the City of Farmington once each week during the duration of this Agreement. The Contractor's routes for collection shall conform to the City's solid waste collection schedule, including hours of operation, days and holidays. The City's routes and solid waste collection schedule shall be furnished to Contractor. (See Exhibit "A") 3.2 The term of this Agreement shall be for a period of one year commencing April 1, 1996 through March 31, 1997. The City shall cooperate with the Contractor in familiarizing it with the routes and assist in necessary training. The City shall have the option of extending this Agreement for two additional one year option periods on the-same terms and conditions, except for the payment-terms specified in paragraph VIII. Notice to exercise the first option shall be given in writing to the Contractor on or before February 1, 1997. If the first option is exercised, notice to exercise the second option shall be given in writing to Contractor on or before February 1, 1998. 1 DRAFT IV. Preparation for Collection. 4.1 The Contractor shall provide educational materials to all commercial businesses included on Exhibit "B", serviced by this Agreement to include but not be limited to the following: A. Information relating to change from the City to Contractor; B. New customers packets; C. Notification if recyclables are not prepared properly; and D. Any recycling changes. 4.2 All commercial properties serviced by this Agreement shall separate and place recyclable materials in appropriate containers provided by the Contractor, cardboard boxes, or bundles, as instructed.. If improperly packaged the contractor will notify the customer, but recyclables will be taken unless flagrantly in violation of packaging instructions. The City will be notified of the address if a flagrant violation is occurring. 4.3 All recyclable materials placed for collection shall be owned by and the responsibility of the occupants of the properties until they are handled by the Contractor. Upon handling the recyclable materials by the Contractor, the recyclable materials with the exception of the containers which are reusable become the property and responsibility of the Contractor. V. Contractor's Equipment Requirements for Vehicles Used to Provide Services. 5.1 All vehicles must be maintained in proper working condition and available for inspection by the City or County. 5.2 Vehicles shall be equipped with warning flashers, backup alarms, a broom and shovel for spills, and the Contractor's name and phone number prominently displayed on both sides of the vehicle. No spilled or dropped materials shall be left without clean-up. 5.3 Vehicles must be designated for recyclable collections only. All such vehicles must be clearly signed on both sides of the vehicle as recycling collection vehicles. 5.4 Vehicles at all times must be maintained in good operating condition, comply with all state inspection requirements, and kept neat in appearance. Generally this shall mean the vehicles are washed and painted on a regular basis. The vehicles and receptacles shall be kept clean and as free from all offensive odors as possible and shall not be allowed to stand in any street, alley, or any other place longer than is reasonably necessary to collect recyclable materials. If the City deems it necessary the Contractor shall thoroughly disinfect any vehicle before it is used for any further weekly collections. 5.5 In the event that a vehicle other than the type specified in this Agreement is to be used, the Contractor is required to notify the City and obtain written approval for the use of the vehicle. The notification must be given thirty (30) days in advance, in writing to the City Public Works Director. 5.6 Equipment operators must meet all Federal, State, County and local licenses and operation requirements. 2 DRAFT VI. Contractor's Operation Requirements. 6.1 The Contractor must obtain all pertinent licenses from the County and City. 6.2 The Contractor shall maintain an office with continuous supervision for accepting complaints and customer calls. This office shall be maintained during the hours between 8:00 A.M. and 4:30 P.M., Monday through Friday, except official holidays. The address and telephone number of such office and any changes therein shall be given to the City in writing. The address of the office as of the execution of this Agreement is: P.O. Box 769, Lakeville, Minnesota. The telephone number is (612) 469-5161. 6.3 Complaints on service will be taken and collected by the City. The City shall notify the Contractor of all complaints it receives. The Contractor is responsible for all corrective actions. The Contractor shall answer all complaints courteously and promptly. 6.4 The Contractor shall provide and own the containers for recycling. 6.5 The Contractor shall have proprietary rights to all recyclable materials covered by this Agreement. 6.6 Recyclable material shall be disposed as follows: A. Aluminum cans, food cans, glass, plastic, bottles, newspaper, magazines, corrugated, office paper, junk mail, and contamination shall be disposed of at Recycle Minnesota Resources, 2785 - 160th Street West, Rosemount, Minnesota 55068; B. Waste oil shall be disposed of at Edel Oil Company, 7721 Albany Avenue, Northfield, Minnesota 55057; • C. Auto batteries shall be disposed of at Landfill Recovery Systems, 24335 Chippendale Avenue, Farmington, Minnesota 55024; and D. Household batteries shall be disposed of at Recycle Minnesota Resources, 1705 Highway 13 East, Burnsville, Minnesota 55337. E. Any residual recyclable materials or mixed municipal solid waste shall be disposed of at an environmentally superior facility approved by the City Public Works Director. The location of disposal of any materials may be changed upon approval by the City Public Works Director. 6.7 The Contractor is responsible for meeting the intent of Dakota County's Ordinance 110, Solid Waste Management. The Contractor shall be required to market all recyclable materials that are collected as part of this contract within the intent of Ordinance 110. Disposal of recyclable materials at a sanitary landfill is not allowed through this contract and such actions will constitute a breech of this contract subject to remedies as allowed in this agreement and Dakota County Solid Waste Ordinance 110 and other applicable laws. 6.8 The Contractor shall keep accurate records of the recyclable streams collected and processed under this agreement. The Contractor shall provide the City, along with Contractor's invoices for services, documentation in the forms of copies of scale slips and receipts sufficient to verify that the recyclables collected are actually delivered to recyclable markets and reused or recycled as mandated by this agreement and Dakota County Solid Waste Management Ordinance 110. Presentation of such documentation of recycling 3 DRAFT activities will be in a form acceptable to the City of Farmington. The Contractor shall not deliver any materials collected as recyclables to any sanitary landfill for disposal unless it specifically meets the intent of Ordinance 110. The Contractor must report this activity to the City's Director of Public Works on a monthly basis. • 4 DRAFT VII. Payment Terms 7.1 The City shall compensate the Contractor for the collection of recyclable materials on a monthly basis as follows: American Legion 2 yd l x/wk, 4-90's @ $73.00/month Dakota Electric 4 yd---Ix/wk @ $42.00/month * Dexterity Dental 1 - 90 2x/month @ $14.00/month All Schools & Dist. 192 S.C. @ $212.50/month ** • Akin Road Elementary 2 yd, 3-90's lx/week • Farmington Elementary 2 yd, 3-90's lx/week • Farmington Middle School2 yd, 3-90's, ix/week • Farmington High School4 yd, 3-90's, ix/week • District Service Center 2 yd, lx/week, 1-90 (every other week) ENRON 2 yd @ $14.00/month (every other week) FEI, Inc. 6 yd @ $28.00/month (every other week) Restwell Motel City bins, ix/week @ $14.00/month Sauber Plumbing 2 yd, lx/week @ $28.00/month Jo's Restaurant 2 yd, lx/week @ $14.00/month Tom Thumb (highway 3) 2 yd, lx/week @ $28.00/month Pellicci Hardware 2 yd, lx/week @ $28.00/month ThelenCabinets (wood) @ $50.00/month+$190.00 per pull Lamberts (C.B. + wood) @ $28.00/mo.+$50.00/mo.+$190/pull Amoco 2 yd, lx/week @ $14.00/month Budget Mart - highway 3 2 yd, lx/week @ $28.00/month Controlled Air 8 yd, Ix/week @ $55.00/month Dakota Lumber (C.B. + wood) @ $28.00/mo.+$50.00/mo.+$190/pull Eagles Club 4-90's commingled @ $45.00/month FAA 6 yd, 2x/wk, 5-90's l x/mo@ $145.00/month Farmington Lanes 2 yd, lx/week @ $28.00/month * Long Branch 4-90's, lx/week @ $45.00/month Pedersen Auto 2 yd @ $14.00/month (every other week) Precision Tool 6 yd, 2x/week @ $70.40/month River Valley Clinic 2 yd @ $15.00/month (every other week) So. Suburban Medical Center .. 4 yd, 2x/wk, 3-90's lx/wk @ $60.00/month Tom Thumb (Elm St.) 2 yd, lx/week @ $28.00/month VFW - 5 - 90's lx/week @ $60.00/month Lexington Standard 4 yd, lx/week with wheels @ $45.00/month Vic Wenzel 4 yd, ix/week @ $35.00/month • 90 gallon commingled containers on-call; $8.00. ** Summer pickup one time per month. 5 DRAFT Unit Prices for Future Customers 90 gallon 1x/week additional $21.33/mo 180 gallons/1 yd additional $38.25/mo 300 gallons or 1.5 yd additional $80.17/mo Extra 300 gallon or 1.5 yd/wk from existing service is $32.75/mo New customers added to the service will be prorated on the basis of 4.3 weeks in a month. Payment will be made monthly within thirty (30) days of receipt of Contractor's statement provided all monthly reporting requirements are current. 8.2 The Contractor shall report, by individual material and amounts, where materials are delivered for recycling. If the Contractor delivers to a broker only, then the Contractor shall report what end market the broker used. Summaries by brokers and end markets must be provided within thirty (30) days of the end of the previous month. If the collected materials are stored for a period of more than thirty (30) days, the amounts of materials, by type and location, must be reported to the City. VIII. Access to All Records. 9.1 The Contractor shall provide access to the City, Dakota County, or any of their duly authorized representatives to review any books, documents, papers, and records of this Agreement which are directly pertinent to this Agreement and necessary for purposes of an audit. X. Insurance Requirements for Contractor. 10.1 Comprehensive general liability insurance insuring against liability imposed by law for bodily injury or death, in the sum of not less than $1,000,000.00 for each occurrence, and against liability for property damage of not less than $50,000.00 for each occurrence will be required. Also, the Contractor shall have an umbrella insurance policy providing $2,000,000.00 additional coverage for liability and property damage. The Contractor shall provide the City with a copy of proof of insurance prior to the first collection day. 10.2 The Contractor must obtain worker's compensation insurance and employer's liability insurance as required by law. The Contractor shall provide the City with a copy of proof of insurance prior to the first collection day. 10.3 Motor vehicle liability and property damage insurance, including coverage for non-owned and hired vehicles, is required in the amounts designated in section 10.1 above. The • 6 DRAFT Contractor shall provide the City with a copy of proof on insurance prior to the first collection day. 10.4 The City shall be named as an additional insured in all of the Contractor's insurance policies for coverage specified in this Agreement. All policies shall provide that the coverage may not be terminated or changed by the insurer except upon"30 days written notice to the City Administrator. 10.5 None of the insurance policies shall contain any provisions for exclusions from liability other than those provisions for exclusion from liability which form part of the standard basic unamended and unendorsed form of a policy, except that no exclusion shall be permitted if it conflicts-with a coverage expressly required in this Agreement, and in addition, no policy shall contain any exclusion from bodily injury to, or sickness, disease, or death of any coverage under the contractual liability endorsement of the liability of the Contractor under this Agreement. Compliance by the Contractor with the foregoing requirements to carry insurance and furnish certificates shall not relieve the Contractor from liability assumed under any provisions of this Agreement. XI. Letter of Credit 11.1 To guarantee compliance with the terms of this Agreement, Contractor shall furnish City with an irrevocable letter of credit, acceptable to the City Administrator, from a bank (security) for $15,000.00. The bank and form of security shall be subject to the approval of the City Administrator. The security shall be for a period ending May 1, 1997. The term of the security may be extended from time to time if the extension is furnished to the City Administrator at least forty-five (45) days prior to the stated expiration date of the security. The City may draw down the security, without prior notice, for any violation of this Agreement. XII. Indemnification 12.1 The Contractor shall indemnify and hold harmless the City and its officers, agents, and employees from and against all claims, damages, losses, or expenses, including attorney fees, for which it may be held liable, arising out of in whole or in part from the Contractor's work on behalf of the City. 7 DRAFT XIII. Termination 13.1 The City shall have the right to terminate this Agreement in the event of any breach thereof by the Contractor. The City's right to terminate shall not be deemed to waived due to a continuing breach by the Contractor which is not followed by prompt termination. This Agreement shall terminate, and neither party nor the officers of the City shall be liable for further performance after such termination, if it shall become invalid by reason of any present or future law other than by ordinance of the City. 13.2 Upon failure of the Contractor to fulfill any of the provisions of this Agreement, the City Administrator may hire such persons, or assign City employees and equipment, as may be necessary, to do such Work and the cost and expense thereof may be charged and deducted from monies due the Contractor, collected from the Contractor, or collected from the Contractor's bond. XIV. Penalties 14.1 Failure by the Contractor to conform with any provision of this Agreement may result in the termination of this Agreement and/or cash claims by the City for damages. The City shall inform the Contractor of such failure in writing and the Contractor shall have 30 days from the date of notice to correct such failure before any penalty may be invoked. 14.2 In the event of such failure, the Contractor agrees to pay, in addition to the actual damages sustained by the City as a result thereof, the reasonable attorney's fees incurred by the City in pursuing any of its rights under Agreement and an amount equal to ten percent (10%) of the actual damages. 14.3 Failure by the Contractor to pick up recyclable materials within 24 hours which were set out to be picked up on the correct date and time shall result in a charge of$50.00 for each such missed pickup. Such charges may be deducted from the monthly fees owed the Contractor for services. XV. Non-Discriminatory Practices 15.1 Contractor shall comply with all laws and regulations relating to discrimination. XVI. Successors and Assigns 16.1 The Contractor binds itself jointly and severally, its successors, executors, administrators, and assigns to the City in respect to all covenants of this Agreement, except that the Contractor shall not assign or transfer any part of its interest in this Agreement or sublet as a whole nor shall the Contractor assign any monies due, or to become due, without the City's written consent. 8 . DRAFT XVII. Entire Agreement 17.1 This Agreement embodies the entire Agreement between the parties including all prior understandings and agreement may not be modified except in writing and signed by all the parties. IN WITNESS WHEREOF, this Agreement is executed as of the day and year first above written. City of Farmington By: Eugene "Babe" Kuchera, Its Mayor By: John Erar City Administrator Dick's Sanitation Service, Inc. By: Richard Clemmer Its President STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1996 by Eugene "Babe" Kuchera, Mayor and by John Erar, City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public 9 . DRAFT STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this day of , 1996 by Eugene `Babe" Kuchera, Mayor and by John Erar, City Administrator of the City of Farmington, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council. Notary Public 10