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HomeMy WebLinkAbout12.20.93 Council Packet AGENDA COUNCIL MEETING REGULAR DECEMBER 20, 1993 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA 4. CITIZENS COMMENTS (5 minute limit per person for items not on agenda. ) a. Present Commendation - Retiring HRA Member Jeff Thelen b. Resolution. Accepting Donation for Outdoor Rink 5. CONSENT AGENDA (All items approved in 1 motion with no discussion unless anyone wants an item removed for discussion. ) a. Approve Minutes - December 6th - Regular; December 13th - Special b. Approve Purchase Agreement - Prairie Waterway c. Approve LMCIT Excess Liability Coverage d. Approve Interfund Loan - HRA e. Approve 1993 Budget Adjustments f. Approve Transfer to Park Improvement Fund g. Approve Capital Outlay Request - Fire Department - HazMat Gear h. Approve Capital Outlay Request - Fire Department - Paint at Fire Hall PULL i. Approve Capital Outlay Request - Fire Department - Exhaust System j . Approve Amended Fire Department By-Laws k. Approve Rescue Squad Emergency Medical Services Guidelines 1. Approve Use of FEMA Reimbursement - 1992 Final Cost to MWCC - Sewer m. Approve School/Conference Request - Fire Department n. Approve ADA Grievance Procedure o. Approve Designation of ADA Coordinator p. Approve 1993 Auditing Firm q. Acknowledge Vacancies on Boards and Commissions for 1994 r. Approve Renewal of Excavation Permits for 1994 s. Amend Administrator' s Contract - Mileage Reimbursement t. Approve Capital Outlay Request - Fire Department u. Adopt Resolution Adopting Final Assessments - Riverside Addition v. Approve Payment for Project 92-17 - FAA/Locust Street w. Approve Request for Variance to County Solid Waste Ordinance x. Approve School/Conference Request - Engineering y. Approve Capital Outlay Requests - Public Works z. Authorize Advertisement for Engineering Position PULL aa. Approve Capital Outlay Request - Solid Waste Containers bb. Approve Capital Outlay Request - Finance - Printer cc. Approve Payment of the Bills 6. PUBLIC HEARINGS/AWARD OF CONTRACTS a. 7 : 30 P.M. - Amend Zoning Ordinance and Zoning Map 7. PETITIONS, REQUESTS AND COMMUNICATIONS a. Approve Billiard License Application b. Approve Participation in Land Stewardship Project The Agenda is continued on the back of this page. 1 8. ORDINANCES AND RESOLUTIONS • a. Resolution Initiating "Quick Take" Eminent Domain - SEASS and Prairie Waterway Properties b. Adopt Resolution Setting 1994 Non-Union Salaries c. Resolution Authorizing Execution of Library Grant Agreement 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. MISCELLANEOUS 12. REPORTS FROM COMMISSIONS, COMMITTEES AND COUNCILMEMBERS 13. UPCOMING MEETINGS a. Set Workshop in January with Dakota county - Dave Everds, Dave Zeck and Pete Sorenson b. Set Council Meeting for Saturday, January 15, 1994, 8 : 00 A.M. to Interview Incumbents and Applicants for Boards and Commissions 14. ADJOURN AGENDA REQUEST FORM Item No. 5c Name: Wayne Henneke Department: Finance ✓Vv Date: December 10, 1993 Meeting Date: December 20 , 1993 Category: Consent Subject: LMCIT Excess Liability Coverage Explanation: Annually, the Council must determine if they want to waive the monetary limit on tort liability established by M.S. 466 . 04 . It is recommended not to waive the monetary limits on tort liability. Reference Material/Responsibilty Memo - Wayne Henneke Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Brian Lundquist First National Insurance Waying.44,4444L Signature 1 MEMO TO: MAYOR AND COUNCIL SUBJECT: EXCESS LIABILITY COVERAGE OPTIONS DATE: DECEMBER 10, 1993 The League of Minnesota Cities Insurance Trust offers two options in purchasing excess liability coverage. 1) LMCIT now makes it possible for cities to obtain excess coverage without waiving the statutory liability limit of $600,000 per occurrence. Under this option, the higher excess coverage limits would be available only for those claims which are not covered by the statutory limits. 2) Cities may choose to waive the statutory liability limits to the extent of the excess liability coverage purchased. Under this option, the higher coverage limits would be available for all claims, including claims covered by the statutory liability limits. The purchase of excess liability coverage is important due to the fact the City is exposed to some kinds of liability to which the statutory limits don't or might not apply. Some possible examples are: 1) Liability under the federal civil rights act. 2) Certain types of liability that the City has assumed contractually in an indemnification agreement. 3) Liability for actions in another state; e.g. by a city official attending a conference, or under a mutual aid agreement with a political subdivision across the border. 4) Liability for a zoning action under an "inverse condemnation" theory of law. After discussions with Brian Lundquist, the City's insurance agent, it is recommended that the City not waive its statutory liability limit. This is the same option that was chosen in 1991, 1992 and 1993. LMCIT requires cities make this decision annually. WatA.9.441-e%244144.. • Wayne Henneke Finance Director cc: Larry Thompson Brian Lundquist file WEH AGENDA REQUEST FORM Item No. 5d A k Name: Wayne Henneke Department: Finance Date: December 10, 1993 Meeting Date: December 20, 1993 Category: Consent Subject: Interfund Loan - HRA Explanation: Reference Material/Responsibilty Memo - Wayne Henneke/Jerry Henricks Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Jerry Henricks HRA ti)CirL iS;4"46"° Signature Memo to: Mayor & Council Date December 15, 1993 Re H.R.A. Inter-Fund Loan Financial Error Made The Finance Department discovered errors that were made within the department that significantly effected the operations of the H.R.A. At the April 7, 1993 H.R.A. meeting, the H.R.A. was made aware of the following: * The May 1, 1992 City General Fund deposit of $33 , 180 .47 was inadvertently recorded on a H.R.A. deposit slip and deposited in the H.R.A. checking account . * The tax increment received on the Duo Plastics Tax Increment Project was incorrectly recorded and deposited in the H.R.A. instead of the City books . The total funds that need to be returned back to the City is $70, 891 . 32 . In reviewing the records the $33 , 180 .47 was still in the checking account and had not been spent . Therefore, additional funding is needed to pay the $37, 710 . 85 owing to the City. Recommendation The repayment of the amount owing to the City was discussed with the H.R.A. It is recommended to increase the current $250, 000 mortgage note to $287, 710 . 85 which will fund the $37, 710 . 85 . A copy of the amended mortgage note is attached. Currently the funds for the inter-fund loan are from debt service funds . Since there has been some concern about the use of debt service funds for inter-fund loans, after the 1993 audit, I will try to restructure the loan to minimize the use of debt service funds . Measures Taken To Prevent Error From Re-Occurring * The H.R.A. and City checking accounts were combined. The H.R.A. ' s financial integrity is still in place because all of its transactions will be recorded in the same funds and accounts as in the past . Inadvertent mistakes regarding the wrong checks or deposit books are eliminated. * A written procedure has been developed in how the tax increment payment from the County will be coded. The procedure will be amended as changes occur. * A project fund has been created for each tax increment project to more effectively record tax increments coming in from each project . * The Finance Department has been trying to provide timely monthly financial reports to the H.R.A. This has been lacking in 1993 but will make it a priority in 1994 . I am sorry this request has been put off this long. It kept being put off because of other projects. If you have any questions regarding this item, please contact Jerry Henricks or I before the Council meeting. Wayne E. Henneke Finance Director c. c. Larry Thompson, City Administrator Jerry Henricks, H.R.A. Director file MORTGAGE NOTE $287,710.85 Farmington, Minnesota October 8, 1992 Amended: December 20, 1993 FOR VALUE RECEIVED, the undersigned promises to pay to the order of the City of Farmington, Minnesota, the principal sum of Two Hundred Eighty-Seven Thousand Seven Hundred Ten Dollars Eighty-Five Cents ($287,710.85) , with interest from the date hereof at the rate of .5% above the interest rate of the bond funding the interfund loan, per annum on the unpaid balance until paid. Principal and interest shall be payable to the office of the City of Farmington at 325 Oak Street, in Farmington, Minnesota, 55024, or at such other place as the holder may designate in writing, in annual installments of Thirty Nine Thousand Four Hundred Forty Seven and Sixty-Eight Hundredths Dollars ($39,447.68) , commencing on the first day of August, 1993, and continuing on the first day of August each year thereafter, until the principal and interest are fully paid, except that the final payment of the entire indebtedness evidenced hereby, if not sooner paid; shall be due and payable on the first day of February, 2002. Upon sale of individual lots in the Industrial Park or payment of principal in respect hereto, the holder hereby agrees to release each lot from the Mortgage upon payment at the rate of Ten Thousand Dollars ($10,000.00) per acre on outstanding principal. Releases of lots as described above shall not delay or reduce annual payments as stated above. In the event of default in the payment of any installments under this note, and if the default is not made good prior to the due date of the next such installment, the entire principal sum with accrued interest shall at once become due and payable without notice at the option of the holder of this note. Failure to exercise this option shall not constitute a waiver of the right to exercise it any other time. The undersigned, whether principal, surety, guarantor, endorser, or other party hereto, agree to be jointly and severally bound, and waive demand, protest and notice of demand, protest and nonpayment. Housing and Redevelopment Authority of the City of Farmington, Minnesota By: Chair By: Gerald A. Henricks, Executive Director AGENDA REQUEST FORM Item No. 5h Name: Larry Thompson r~�/ �' i Department: Administration (DiY� . Date: November 17 , 1993 Meeting Date: December 16, 1993 Category: Consent Subject: Approve 1994 Consulting Engineer Rates Explanation: Self Explanatory Reference MateriaUResponsibilty Request - Larry Thompson Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Tom Kaldunski Public Works ‘a49-. 727' Signature Otto G.Bonestroo,P.E. Howard A.Sanford,P.E. Agnes M.Ring,A.I.C.P. Miles B.Jensen,P.E. Bonestroo Robert W.Rosene,PE* Keith A.Gordon,P.E. Philip J.Pyne,P.E. L.Phillip Gravel.P.E. Joseph C.Anderlik,PE. Robert R.Pfefferle,PE. Thomas W.Peterson,PE. Karen L.Wiemeri,P.E. Marvin L.Sorvala,P.E. Richard W.Foster.P.E. Michael C.Lynch,P.E. Gary D.Kristofitz,P.E. Rosene . Richard E.Turner,P.E. David O.Loskota,P.E. James R.Maland,P.E. F.Todd Foster,P.E. Glenn .Cook, obert C.Russek,A.I.A. Jerry D.Pertzsch.PE. Thomas E Noyes, Jerry A.Bou don,P.E. Scott J.Arganek,PE Douglas' Anderlik J.Benoit,PE. Robert G.Schunicht,P.E. Mark A.Hanson.P.E. Kenneth P.Anderson,P.E. Shawn D.Gustafson,PE. Associates Susan M.Eberlin,C.P.A. Michael T.Rautmann,P.E. Mark R.Rolls,PE Cecilio Olivier,P.E. *Senior Consultant Ted K.Field,P.E. Mark A.Seip,P.E. Paul G.Heuer,P.E. Thomas R.Anderson,A.I.A. Gary W Morien,P.E. John P Gorder,P.E. Engineers & Architects Donald C.Burgardt,P.E. Daniel J.Edgerton,P.E. Charles A.Erickson Thomas E.Angus,P.E. A.Rick Schmidt PE. Leo M.Pawelsky Ismael Martinez,P.E. Philip J.Caswell,P.E. Harlan M.Olson Michael P.Rau,P.E. Mark D.Wallis,P.E. James F.Engelhardt November 11, 1993 NOV 5 1993 City of Farmington - 325 Oak Street Farmington, Minnesota 55024 Attn: Mr. Larry Thompson Re: 1994 General Engineering Rates Honorable Mayor and Council: Transmitted herewith are our revised hourly general Engineering Rates which are to be effective for January 1, 1994. we strive to keep our hourly rates as low as possible. Although our costs have risen substantially during 1993, we have held our rate increase below our actual cost increase. These costs include highly technical and computerized equipment, professional liability insurance, staff training, and, of course, payroll taxes and health insurance. We are committed to keeping our Staff and technical capabilities as innovative and efficient as possible, to continue to provide you with the best possible engineering services at a reasonable cost. We have appreciated our relationship with the City of Farmington and our entire staff looks forward to serving you in 1994. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Otto G. Bonestroo OGB:mb Encl. 2335 West Highway 36 • St. Paul, MN 55113 • 612-636-4600 SCHEDULE B - 1994 CLASSIFICATION HOURLY RATE Senior Principal $83.00 PrManager 7 Principal/Project $ 3.00 Registered Engineer/Architect $63.00 g g Project Engineer/Architect $55.50 Graduate Engineer/Architect/Field Supervisor $50.00 Senior Draftsperson $45.75 Senior Technician/Inspector/Draftsperson $42.50 Technician $29.25 Word Processor $30.00 Clerical $23.50 Attendance at Regular Council Meeting $50.00/mtg. The above rates will be multiplied by 1.3 for review of private developers plans and inspection of private work to cover professional liability insurance costs and legal expense. These rates are adjusted annually at the first of the year in accordance with the normal review procedures of Bonestroo, Rosene, Anderlik & Associates, Inc. . Reimbursable Expenses - At Cost Reproduction, Printing, Duplicating Out-of-Pocket Expenses such as stakes, field supplies, telephone calls, etc. Mileage Farmington AGENDA REQUEST FORM Item No. .ifkr Name: Ken Kuchera Department: Fire Fff Date: 3 /;''' / l:. _ ethe - Meeting Date: f r 1 �'�" Category: Consent Subject: Approve Amended Fire Department By-Laws Explanation: The Fire Department Board of Directors updated the by-laws and the Department membership approved the update on November 8th. Reference Material/Responsibilty By-Laws - Ken Kuchera Referred To: (Name) Department Larry Thompson Administration Ken Kuchera Fire Signature • d a FARMINGTON FIRE DEPARTMENT FARMINGTON, MN BY-LAWS ARTICLE 1 - MEETINGS Sec . 1 Regular meetings of this fire department shall be held on the second Monday evening of each month at 9 : 00pm or at which time the training meeting is over or so stated by the Chief . Sec. 2 Training meetings will be on the second and fourth Monday evening at 7 : 00pm or so stated by the Chief . Sec . 3 Board of Directors meeting will be on the third Monday evening at 7 : 00pm or so stated by the Chief . Sec . 4 Special meeting of the department may be called by the Chief, or an Assistant Chief, or any seven (7) Regular members of the department requesting such meetings in writing. The request shall be submitted to the Chief or an Assistant Chief . Sec . 5 The Annual Business meeting will be held on the second Monday of January with the Annual Banquet to be held the first Friday following. ARTICLE 2 - RULES OF MEETINGS Sec . 1 For the conduct of any business at any meeting of the department, there shall be a quorum consisting of at least fifty percent (50%) of the Regular members . Sec. 2 Order of Business - Regular and Special meetings : 1 . Meeting called to order. 2 . Roll call . 3 . Secretary' s Treasurer' s Report & Minutes approval . 4 . Chief' s comments . 5 . Report of committees . 6 . Old Business . 7 . New Business. 8 . Miscellaneous Business . 9 . Good of the Department . 10 . Adjournment . Sec . 3 Robert' s Rule of Order shall govern all meetings of the department unless otherwise provided in the By-Laws and or Con- stitution. Sec. 4 Balloting for members : The ballot box shall be placed on the table and when each member' s name is called by the Secretary/Treasurer, he/she shall walk up to the box and deposit his/her ballot . ARTICLE 3 - GENERAL RULES AND REGULATIONS All members of the department shall be subject to the following rules and regulations : Sec . 1 No member shall take or loan any article from the engine house without following the department policy. Sec . 2 No member shall loan his/her uniform, or any part thereof, or his/her key to any person other than a member of the department without permission of the Chiefs . . Sec . 3 Reports by committees shall be made at Regular meetings verbally unless otherwise ordered by the department . Sec . 4 No officer or member shall have any contact with any department, organization, or other person, in the name of the Farmington Volunteer Fire Department, unless authorized to do so by the Chief or by special consent of the department . Sec . 5 Members of ten (10) years of service shall be permitted to retain their dress uniform, brass, and jacket upon retirement . Sec. 6 Members who resign, or whose service has been terminated shall be required to return their turn-out gear, dress uniform, fire station key, jacket, and complete paging system to the department . Sec. 7 Every member shall immediately report to his/her superior officer, any accident or injury to him/her self . No matter how trivial . Sec . 8 No member shall be under the influence of intoxicating liquor, or controlled substances while on duty. ARTICLE 4 - ROLL CALL Sec . 1 After an alarm or fire, if the apparatus has been in service, the roll shall be called immediately on the return of the apparatus to serviceable condition in the engine house. ARTICLE 5 - QUALIFICATIONS FOR bEMBERSHIP Sec . 1 Any resident of the City of Farmington or contracted areas shall be eligible for membership in this department provided that he/she has lived in the City of Farmington or con- tracted areas for one year; has reached his/her eighteenth (18) birthday and has not reached his/her thirty-fifth (35) birthday. This age restriction shall apply to all with the exception of the Chaplain, who shall be an ordained clergy person from the com- munity. Sec . 2 New applications shall be submitted on the fire depart- ments form to the nomination committee of the department . Sec . 3 Nominating committee will review applications prior to presentation at a Regular business meeting. Sec. 4 At the nomination committee meetings, applications shall be reviewed and accepted by the majority of quorum or rejected. The rejection can be for any reason deemed necessary by the com- mittee. If rejected, the person shall be sent a letter of ex- planation. Sec. 5 Applicants accepted by the nominating committee shall be interviewed and the applicant accepted or rejected for recommen- dation to the membership . Applicants may be rejected by the majority of the nominating committee for reasons pertaining to the good of the department . If necessary, the applicants name can be passed over for working or availability reasons . After the membership has voted on the applicants presented by the nominating committee, and is accepted, he/she must have an offi- cial Fire Department physical within thirty (30) days to be paid for by the City . The applicant becomes a Probationary fire fighter and may report for duty when approved by the City Council and the passed and signed physical is turned over to the Chief . This will be considered the starting date. The person is now a probationary member, entitled to all benefits except voting for one year . The member must adhere to the Probationary member rules, and can be terminated for failure to adhere to any rules by a majority of quorum of the department during the one year Probationary period. Sec . 6 Probationary members are under the jurisdiction of the Assistant Chiefs and Captains . Sec . 7 At the Regular business meetings following the one (1) year date, the Probationary member will be voted on and a sixty- six percent (66%) of votes cast by the Regular and Rookie mem- bers, will determine eligibility to remain in this department . Sec . 8 If , in the event the Probationary member vote is un- favorable by the department, an immediate vote shall be taken to determine if his/her probationary period shall be a final exten- sion. ARTICLE 6 - ELECTION OF OFFICERS Sec . 1 An election committee shall be selected at the Regular meeting in November and report their nominations at the December Regular meeting. Sec . 2 During the December Regular meeting, additional nomina- tions from the floor will be accepted. The nominations will be closed at the Annual Meeting prior to the election. Sec. 3 The election of officers will be held by closed ballot at the Annual Meeting. Sec. 4 The election shall be conducted by the election committee as follows : 1 . Absentee ballots will be accepted by the election committee. 2 . Vote. 3 . Vote results given verbally. Sec . 5 Fifty percent (50%) of the Regular members must vote to constitute a quorum for a legal election. Sec . 6 If no quorum, a special election will be held on the fourth Monday, and the Regular business meetings thereafter until the officer is elected. Sec . 7 The elected officers will assume their duties im- mediately, subject to the approval by the City Council . Sec. 8 Vacancies in elected offices may be filled at any Regular meeting or Annual meeting by a majority vote of the members present . Sec. 9 Any officer may be nominated for any office without tend- ing their resignation from their present office. Sec . 10 No person may hold more than one elected or appointed position on the board. ARTICLE 7 - DUTIES OF THE CHIEF Sec. 1 It shall be the Chief' s duty to enforce the Constitution and By-Laws of the department to the best of his/her ability, and to have a general supervision over all the affairs of the depart- ment . Sec. 2 Upon the election of a new Assistant Chief, the Assistant Chief with the most time in rank will become 1st Assistant Chief . Sec. 3 The Chief shall appoint the Captains, 1st and 2nd Rescue Lieutenants . Sec . 4 The Chief shall see that all officers execute their obligations and duties to the best of their abilities . Sec. 5 It shall be the duty of the Chief to call all Regular and Special meetings, and to notify all members of such meetings . Sec . 6 It shall be the duty of the Chief to call Special meet- ings at the written request of seven (7) members of the depart- ment or when he/she deems it necessary; such request stating the subject of the call . Sec. 7 The Chief shall form committees as needed. Upon forming a committee, he/she shall instruct the committee as to their duties and obligations . He/she shall be a member of every com- mittee or his/her designee. Sec . 8 It shall be within his/her power to suspend any member for a just cause; subject to the Constitution and By-Laws . Sec. 9 The Chief shall be a member of the Board of Directors and shall serve as it' s chairperson. ARTICLE 8 - DUTIES OF THE ASSISTANT CHIEFS Sec. 1 The Assistant Chief' s position shall consist of a 1st and 2nd Assistant Chief . The 1st Assistant Chief shall be in command of the position. Sec . 2 The Assistant Chiefs shall assist the Chief of the department in the administration of the entire department . Sec . 3 They shall assume supervisory responsibility for all training of the department . Sec. 4 The Assistant Chiefs shall beresponsible for his/herher as- signed area, all vehicles, and manpower assigned to his/her area. Sec . 5 The Assistant Chiefs shall be responsible for all main- tenance and upkeep on his/her assigned equipment . Sec. 6 The Assistant Chief' sP osition shall assume all duties as h actingChief in the absence of the Chief . Sec . 7 The Assistant Chiefs shall be members of the board of Directors . ARTICLE 9 - DUTIES OF THE SECRETARY/TREASURER Sec. 1 It shall be the duties of the Secretary/Treasurer to keep records of all proceedings of the department . To call the roll, to record all absence, and preserve the records of the depart- ment . Sec . 2 He/she shall give written notice under the signature of the Chief to the Farmington Fire Department - Cataract Relief As- sociation when each period of inactive status occurs and the date of reinstatement of each firefighter. Sec. 3 He/she shall be under the direction of the Chief . Sec . 4 He/she shall be a member of the Board of Director, and shall serve as its secretary. ARTICLE 10 - DUTIES OF THE FIRE CAPTAIN Sec . 1 It shall be the duty of the Fire Captains to be respon- sible for all the firefighters in his/her squad. Sec . 2 They shall be responsible to the Chief and Assistant Chiefs for the duties preassigned to their squads . Sec . 3 When first to arrive at a fire, he/she shall be command thereof until relieved by a superior officer. Sec . 4 They may appoint an Assistant Captain with the approval of the Chief . Sec. 5 They shall make a check of their equipment and apparatus before leaving the fire scene. Sec. 6 They shall be responsible for all training of the depart- ment . Sec. 7 They shall be members of the Board of Directors . ARTICLE 11 - DUTIES OF THE RESCUE CAPTAIN Sec. 1 He/she shall be under the direction of the Chief . Sec . 2 He/she shall recommend to the Chief the appointment of the Rescue Lieutenants . Sec . 3 He/she shall be responsible for all personnel on the Rescue Squad. Sec. 4 He/she shall be in command of all rescue calls . Sec . 5 He/she shall assume all administrative duties for the operation of the Rescue Squad. Sec. 6 He/she shall hold a minimum of a current EMT-A registered with the Minnesota Department of Health. Sec . 7 In the absence of the Chief, Assistant Chiefs and Fire Captains, the Rescue Captain shall assume command of the fire scene. Sec. 8 He/she shall be a member of the Board of Directors . ARTICLE 12 - DUTIES OF THE RESCUE LIEUTENANTS Sec. 1 The first arriving Lieutenant shall assume command in the absence of the Rescue Captain. Sec. 2 They shall be responsible for restocking and ordering all supplies and equipment used in the operation of the Rescue Squad. Sec. 3 They shall be responsible for all training of the Rescue Squad. Sec . 4 They shall be responsible for getting all equipment and vehicles back into service following each call . Sec. 5 They shall assist the Rescue Captain upon his request . ARTICLE 13 - DUTIES OF THE MAINTENANCE ENGINEERS Sec . 1 It shall be their duty to insure that all vehicles, mechanisms, and equipment be maintained in a state of ready use. Sec. 2 They shall receive orders from the Chief' s, but must also assume their own responsibility to assume the operating condition of all vehicles . ARTICLE 14 - DUTIES OF THE COMMUNICATIONS OFFICER Sec . 1 It shall be the duty of the Communications Officer to maintain and update files of : 1 . Pre-plans 2 . Maps 3 . Street indexes 4 . Maintaining a log of all calls . Sec. 2 He/she shall be responsible to the Chief for the perfor- mance of foregoing duties . ARTICLE 15 - DUTIES OF THE FIREFIGHTER Sec . 1 It shall be the duty of all firefighters of this depart- ment to obey all commands of their officers while on duty and to abide by the Constitution and By-Laws of this department . Sec . 2 They shall extinguish and prevent fires; effect rescue; and render first aid. Sec. 3 They shall respond to all alarms and emergency calls . Sec. 4 They shall participate in Regular, Special, and Training meetings as scheduled by the department . Sec . 5 They shall keep the apparatus, tools, and equipment in good condition. Sec. 6 They shall keep the station and premises neat, clean, and in good order. Sec . 7 When backing up an apparatus, there shall be a member at the rear to signal the operator, whenever possible. Sec. 8 They shall perform other related work as required. Sec . 9 In the absence of an officer, the Senior firefighter shall assume command of the department. Sec . 10 All firefighters shall learn to drive and operate all g P fire vehicles and shall be able to put into service all equipment used by the department . ARTICLE 16 - DUTIES OF THE BOARD OF DIRECTORS Sec. 1 This Board shall establish all Policies, Operating Proce- dures and review the records of each member to determine the value to the department . Sec . 2 This Board shall convene on the third Monday of each month at 7 : 00pm. Sec . 3 Decisions of this Board to be determined by a majority vote of the entire Board, subject to a quorum of at least sixty- six percent (66%) of the members . Sec. 4 This Board shall pass on all absence request : A. Medical Leave 1 . Length of active status to be determined by each individual case. B. Military Leave 1. Initial tour of duty should be active status . 2 . Any additional tours of duty should be inactive status . C. Personal Leave 1 . Each case to be determined by reason of request . Sec . 5 This Board shall pass on all suspensions . A hearing to be conducted within seven (7) days of notification of suspension. The individual involved must be contacted and asked to attend this hearing. A. Disciplinary Suspension 1 . Board to determine validity of suspension. 2 . Board to determine period of suspension. 3 . Board to determine if period of suspension is active or inactive status . B. In addition, this Board may recommend expulsion subject to Article 6, Section 2, of the Constitution. Sec . 6 This board shall review the attendance record of each member in accordance with Article 17-19 of the By-Laws . A. This Board shall determine if just cause exist for expulsion. B. This Board shall review all policies prior to being presented to the membership for vote. Sec. 7 All Board members will be required to attend a miminum of seventy-five percent, (75%) of all Board of Director meetings held on the third Monday of each month. ARTICLE 17 - DUTIES OF REGULAR MEMBERS AND PENALTIES Sec. 1 All members shall respond to a minimum of twenty percent (20%) of all calls during any calendar year. Failure to do so shall subject the member to expulsion according to the provisions of Article 6, Sec. 2, of the Constitution. Sec. 2 All members shall attend a minimum of fifty percent (50%) of all meetings and minimum of fifty percent (50%) of all drills during any calendar year. Failure to do so shall subject the member to expulsion according to the provisions of Article 6, Sec . 2 , of the Constitution. Sec. 3 Any member missing three (3) consecutive drills shall be subject to removal according to the provisions of Article 6, Sec. 2, of the Constitution. Sec . 4 In considering any of the above, the Board may consider extenuating circumstances, including but not limited to, work schedules, vacation, family or personal illness, etc. . Sec. 5 All members must successfully complete the MN State Cer- tification for HAZMAT-Operational Level and Driver/Operator by the end of their third (3) year period starting with membership date. ARTICLE 18 - DUTIES OF THE ROOKIE MEMBER Sec. 1 All members shall respond to a minimum of twenty percent (20%) of all paged calls during any one (1) year period, starting with membership date. Sec . 2 Any member whose response is below twenty percent (20%) of all paged calls will be brought before the Board of Directors, at which time membership may be terminated in accordance with Sec . 3 All members shall attend a minimum of eighty percent (80%) of all meetings and a minimum of eighty percent (80%) of all drills in one year period, starting with membership date. Sec. 4 Any member missing three (3) consecutive drills shall be called before the Board of Directors, at which time membership may be terminated in accordance with Article 6, Sec. 2 of the Constitution. Sec. 5 All members must successfully complete the MN State Cer- tification for Firefighter II & First Responder before being con- sidered for Regular membership. Sec . 6 It shall be the duty of members to obey all commands of Officers and Senior members of the department at the fire scene. Sec . 7 The member shall seek every opportunity to become familiar with the equipment and operation of vehicles . He/she shall remember the rules of safety while doing so. Sec. 8 The member shall not put him/herself at special risk at a fire scene. Sec. 9 The member shall wait for instructions from a Senior Of- ficer or Firefighter when responding to calls . Sec. 10 The member shall become a Regular member when the Board of Directors deems that he/she is ready, after a period of one (1) year. Sec . 11 In considering any of the above, the Board shall con- sider extenuating circumstances, including but not limited to, work schedules, vacation, family or personal illness . ARTICLE 19 - DUTIES OF THE PROBATIONARY MEMBER AND PENALTIES Sec. 1 All members shall respond to a minimum of twenty percent (20%) of all paged calls during one year (1) period starting with membership date. Sec . 2 Any member whose response is below the twenty percent (20%) of all paged calls will be brought before the Board of Directors, at which time membership may be terminated. Sec . 3 All members shall attend one hundred percent (100%) of all meetings and one hundred percent (100%) of all drills in one year period starting with membership date. Sec. 4 Any member missing three (3) consecutive meetings and or drills shall be called before the Board of Directors, at which time membership may be terminated. Sec. 5 All members must successfully complete the MN State Cer- tification for Firefighter I and Defensive Driving Course, before being considered for Rookie status. Sec . 6 All members shall learn to operate and put into service all equipment used by the department in a safe manner. Sec . 7 At the end of one (1) year, the member is brought before the Board of Directors and reviewed. If all requirements have been fulfilled, the member shall be recommended by the Board to become a Rookie member of the department . Sec . 8 The Board of Directors shall make its recommendation orally to all Regular and Rookie members of the department at the next Regular business meeting. The Regular and Rookie members of the department will then vote on whether or not the Probationary members will become a Rookie member. Each person voted on must receive the votes of sixty-six percent (66%) of the Regular and Rookie members present to become a Rookie member. Sec. 9 In considering any of the above, the Board shall consider extenuating circumstances, including but not limited to, work schedules, vacation, family or personal illness . ARTICLE 20 - EXCUSED ABSENCES Sec. 1 Regular, Rookie, and Probationary members may be excused from attending any meeting and/or drill because of school, vaca- tion, sickness, or emergency in his/her family, or inability to attend due to the nature of his/her job. Members must contact a member of the Board of Directors prior to the meeting and/or drill to be excused. ARTICLE 21 - HONORARY MEMBER Sec. 1 The department may elect as Honorary members, any person regardless of age, residence, or any other qualifications by a vote of sixty-six percent (66%) of the Regular and Rookie members of the department present and voting at any Regular meeting thereof . ARTICLE 22 - GRIEVANCE Sec. 1 If any member has a grievance, he/she shall present it in writing to any officer of the department . This notice shall state the nature and persons involved in the complaint . The grievance shall be reviewed by the Board of Directors and if it cannot be resolved, it shall be passed onto the chairperson of the grievance committee. Sec . 2 It shall be the duty of the Grievance Committee to ex- amine complaints and petitions, as may be referred to by the department, and report within a reasonable period of time at a Regular meeting. It shall also be their duty to refer to grievances to members and to adjust such grievances to the best of their ability, in order to promote good fellowship and harmony in the department . ARTICLE 23 - AMENDMENTS Sec. 1 Alterations or amendments shall be made using the follow- ing procedures : A. To be proposed in writing and read at regular meeting. B. The Constitution Committee must meet within the first week following the proposal with the author and check for wording and conflict . The meaning and intent are not to be changed by the committee. C. Changes to be read and voted on at the following Regular meeting. D. Absentee ballots will be allowed on every Constitution change, they must be presented to a Constitution committee member prior to the vote. E. The Constitution committee will conduct the vote. F. A sixty-six percent (66%) of votes cast are required to pass the amendment or change. G. The changes are subject to the approval of the City Council . ARTICLE 24 - APPROVAL These By-Laws first adopted by a vote of the Farmington Fire Department on � t , 19 93 , and approved by the Farmington City Council on , 19 Fire Secretary/Treasurer Fire Chief City Clerk City Mayor I AGENDA REQUEST FORM Item No. 5q Name: Karen Finstuen / Department: Administration (-07A 7-7 i Date: December 10 , 1993 Meeting Date: December 20, 1993 \ ,' ve.7 Category: Consent Subject: Acknowledge Vacancies on Boards and Commissions for 1994 Explanation: Reference Material/Responsibilty Memo/Various Information - Karen Finstuen Referred To: (Name) Department Larry Thompson Administration Karen Finstuen Administration Signature MEMO TO: MAYOR AND COUNCIL SUBJECT: APPOINTMENTS TO BOARDS AND COMMISSIONS DATE: DECEMBER 14, 1993 Attached is a list of seats on various boards and commissions that will expire on January 31, 1994 and the proposed reappointment dates. We will need a deadline for receipt of applications from both new applicants and incumbents. I recommend the following timetable be followed to meet the February 1st deadline. - Final Date for Receipt of Applications 1-10-94 - Special Council Meeting - Saturday - 8 AM 1-15-94 (To interview applicants, including incum- bents, in 15 minute time slots) - Make Final Appointments - Regular Meeting 1-18-94 I have attached a sample letter and attendance records. Karen Finstuen Administrative Assistant Boards and Commissions a Terms to be Filled Incumbent Term FromTo HPC Patricia Murphy 3 years 2-1-94 1-31-97 Kimberly Trapp (resigned) 3 years 2-1-94 1-31-97 HRA Upon ordinance amendment, all seats will run concurrent with City Councilmember terms. Parks and Recreation Advisory Commission Anthony Kilpela 2 years 2-1-94 1-31-96 Steve Strachan 2 years 2-1-94 1-31-96 Bill Vetscher 2 years 2-1-94 1-31-96 Planning Commission Ken Hanson 2 years 2-1-94 1-31-96 Dirk Rotty 2 years 2-1-94 1-31-96 Cheryl Thelen 2 years 2-1-94 1-31-96 Reforestation Advisory Commission Ken Hanson - Planning 2 years 2-1-94 1-31-96 Water Board Jack Sauber 3 years 2-1-94 1-31-97 Senior Center Advisory Council Clarence Everman 3 years 2-1-94 1-31-96 Catherine Millard 3 years 2-1-94 1-31-96 Frances Jones 3 years 2-1-94 1-31-96 r Dear Board/Commission Member, This letter serves as a reminder that your term on the expires as of January 31, 1994. If you are interested in being reappointed to this seat, or if you are interested in being appointed to a different Board or Commission, please notify us by January 10, 1994 . As was done last year, the City Council will interview all applicants for board and commission seats . These 15 minute interviews will be held on Saturday, January 15, 1994 beginning at 8 : 15 A.M. . Please call City Hall to set up an interview time . Thank you for your past service to the City. It is sincerely appreciated. Sincerely, Karen Finstuen Administrative Assistant KMF/mh Last year's article in the Farmington Independent. l APPLICANTS NEEDED FOR BOARDS AND COMMISSIONS The City is presently accepting applications from interested citizens for various boards and commissions. The following boards and commissions have openings with varying terms: Parks and Recreation Commission - 2 year term Planning Commission - 2 year term Water Board - 3 year term Senior Center Advisory Council - 3 year term In order to serve, you must be 18 years old, a U.S. citizen and a resident of Farmington. Interested persons should pick up applications at City Hall, or call 463-7111. Applicants are asked to sign up for a brief interview appointment on Saturday, January 23, 1993. starting at 8:15 A.M. Application deadline is January 15, 1993. Please publish in your December 31, 1992 and January 7, 1993 issues. 0) a 0 • Applicants Needed for Boards and Commissions The City is presently accepting applications from interested citi- zens for various boards and commissions. Members are appointed by the Council through an open appointments process. Councilmembers rely on these committees for citizen input and recommendations on many issues. Committes which will have vacancies include: Heritage Preservation Commission Parks and Recreation Advisory Commission Planning Commission Senior Center Advisory Commission Water Board In order to serve,you must be 18 years old,a U.S. citizen and a resident of Farmington. Interested persons should pick up appli- cations at City Hall, or call 463-7111. Applications are due by Monday,January 10, 1994. 1q3 C PLANNING COMMISSION ATTENDANCE Hanson Rotty Thelen Gramentz Schlawin January 12 X X X X February 9 X X X X X February 23 X X X X X March 9 X X X X X April 13 X X X X X May11 X X X X X June 8 X X X X X June 29 X X X X X July 13 X X X X X August 3 X X X X X August 17 X X X X X August 31 X X X X X September 14 X X X X September 20 X X X September 28 X X X X X October 12 X X X X October 26 X X X X November 9 X X X 1019 ) WATER BOARD ATTENDANCE Sauber Wi Shirley�[ January 25 X X X February 22 X X March 22 X X X April 26 X X X May 24 X X X June 28 X X X July 6 X X. X July 26 X X X August 23 X X X September 27 X X X October 25 X X X I t Igg3 PARK& RECREATION ADVISORY COMMISSION ATTENDANCE Murphy Kilpela Strachan Schlawin Vetscher January 20 X February 8 X X X X X February 16 X X X X March 17 X X X March 31 X X X April 28 X X May 26 X June 23 X X X X July 28 X X X September 8 X X X X X October 13 X X X iGici 6 HERITAGE PRESERVATON COMMISSION ) ATTENDANCE Schmidtke Trapp Thelen Tharaldsoa Murphy January 27 X X X X February 16 X X X March 16 X X X X X April 20 X X X May 18 X X June 15 X X X X X June 29 X X X X X July 20 X X X X X July 26 X X X X X August 5 X X X X X August 17 X X X X September 21 X X X October 19 X X X AGENDA REQUEST FORM Item No. 5s Name: Larry Thompson Department: Administration Date: December 10 , 1993 Meeting Date: December 20 , 1993 Category: Consent Subject: Amend Administrator' s Contract - Mileage Reimbursement Explanation: Increase mileage reimbursement from $160/month to $200/month Reference Material/Responsibilty Request - Larry Thompson Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance "149' Signature MEMO TO: MAYOR AND COUNCIL SUBJECT: MILEAGE REIMBURSEMENT INCREASE DATE: DECEMBER 15, 1993 I am requesting the City increase the City Administrator' s mileage reimbursement from $160 per month to $200 per month. While the increase may seem large from a percentage basis, the rate has not been increased since early 1987 . The increase would represent approximately a 3 . 6% annual increase over the 7 year period. The increase does fit within the 1994 Budget guidelines. 472777 - Larry Thompson City Administrator cc: Wayne Henneke file AGENDA REQUEST FORM Item No. 5w Name: Russ Matthys Department: Public Works1)( J))))./:9-- Date: December 10, 1993 Meeting Date: December 20 , 1993 Category: Consent Subject: Approve Request for Variance to License Requirements - Solid Waste Explanation: Dakota County has established new license requirements for all solid waste haulers to provide volume/weight based system by January 1 , 1994. Reference Material/Responsibilty Resolution/Memo - Russ Matthys Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Tom Kaldunski Public Works Russ Matthys Public Works Lena Larson Public Works Ben Klotz Public Works 'U44 �JsV PPP* Signature MEMO TO: MAYOR AND COUNCIL SUBJECT: DAKOTA COUNTY ORDINANCE 110 AND AMENDMENT (RESOLUTION NO. 93-810) - REQUEST FOR VARIANCE DATE: DECEMBER 13, 1993 Per Resolution No. 93-810 (see attached) by the Dakota County Board of Commissioners, a condition of being licensed to haul solid waste in 1994 would require the hauler to offer residential services in 30 gallon increments beginning at 38 gallons or less or a weight-based collection system. As the Council is well aware, the City has been actively pursuing for some time, a weight-based collection system which would have met the requirements of the attached resolution. Unfortunately, the weight-based system has recently been determined to be cost prohibitive. Staff is currently preparing to move towards a volume-based system per the county ordinance. A large capital outlay will be required due to a number of new 30 and 60 gallon containers which will need to be purchased in order to comply. A period of time will also be needed in order to deter- mine the number of new containers needed and their distribution. It is unrealistic to think that the Citywill be able to fully implement the required volume-based collection system by January 1, 1994 in order to meet the requirements of licensure in 1994. The City began the effort to meet the County's desired goal of waste abatement more than four years ago through its pursuit of the weight-based system. Farmington has been ahead of other haulers in the County regarding waste abatement efforts. I believe the County Board members, as well as County staff recognize our efforts and I feel that they would respect a request of a variance to Ordinance No. 110 as amended by Resolution No. 93-810 to allow the City the proper time to enact an acceptable volume-based system. I recommend that the Council approve the attached proposed resolution regarding the request of a variance to said Ordinance as detailed in the attached plan/time schedule. g44- Mos//r4 Russ Matthys, P.E. Assistant City Engineer BOARD OF COUNTY COMMISSIONERS DAKOTA COUNTY. MINNESOTA DATE October 5, 1993 RESOLUTION NO. 93-810 Motion by Commissioner Maher Seconded by Commissioner_ Jensen AMENDED WHEREAS, the Dakota county Board of commissioners is committed to providing environmentally sound methods of solid waste management; and WHEREAS, the Dakota County Board of Commissioners wants to provide residents with a waste management system with incentives to reduce waste; and WHEREAS, Dakota County currently mandates that solid waste haulers provide volume-based fees to their customers; and WHEREAS, the Minnesota Waste Management Act was amended in 1992 to require solid waste licensing authorities to require licensees to provide volume or weight-based, increasing fees and to set a base unit for an average small quantity household generator by January 1, 1994; and WHEREAS, input was received from waste haulers, the local solid waste staff, the Solid Waste Management Advisory Committee and other counties. NOW, THEREFORE, BE IT RESOLVED, That as a condition of 1994 Dakota County solid waste Maulers' licenses, haulers are required to: o Offer a 38-gallon or less base unit for the average small quantity household generator; and o Household trash service levels offered by haulers may not increase in ,.:ore than 30--gallon increments except for bulky items; and YES NO Harris Harris X Maher ...... X Maher 6atagl;a _ X 8at89l4 Riehs•dt X Richards Jrnsc- -- X —... . Jensen —. . Locdir; toggling ---•-• State of \f ittnesota Cour: I. Joan L. =:e-.c:i:. .:'rric to the Board of the county of Dakota. State of Minnesota,do Itr-leoy certift that 1 rare tare;•-•.-; ::• .: ; -c•sr!ut.an with the orfeffr l mrnutes of the proceedings of the Baird of County Commissioners. Dako:r. Mrnrs.:u. c x••cton held on the 5th day of ..fir t_o er __ ke..9.3.now on file m tr a .. �drt..•5 :-;'.1.--anent, and have found the same to be a true and correct copy thereof. Witness my:__an.:official seal of Dakota County this _. day of ..� . ' frit& tlY Clerk to the Board 1C/U0 ,7:7 14.41 LL•LNt\UI-i rri C o "Unlimited" or "Traditional" service that is not based on volume increments is prohibited; and o If yardwaste collection is provided, yardwaste collection charges must be a separate line item on a customer's trash bill and not • part of the trash service pricing; and B ; IT FURTHER RESOLVED, That the Dakota County Board of Commissioners directs its staff to immediately prepare amendments to Dakota County Solid Waste Ordinance No. 110 reflecting these new requirements. 1G"V V .7J 1.+•'+.I 111•UHNU I h LU 'nvv I rv%•v1cv01 l vvl r,-s 1 :11:• Iw z Z 7671 Post4r brand lax transmittal memo' Iii . // ` V DWI lall111.1111111 di / *0 43 9dg Reel - Subsection 6. Recycling Program Requirements. A. Scavenging of Recyclable Materials is prohibited. It shall be unlawful for any Person other than employees of the County in the scope of their employment or, the collector or Hauler for the property to collect, remove or dispose of Recyclab]e Materials after said materials have been placed or deposited for collection. B. It shall be unlawful for any Person to dispose of Yard Waste in Mixed Municipal Solid Waste. C. It is a violation of this ordinance for any Person(s) to place for collection in Dakota County, after January 1, 1994, Yard Waste, unless it is: (1) placed in paper bags or other biodegradable containers which will decompose within the time period that the Yard Waste placed in the container(s) decomposes, or (2) placed in •a container which the Hauler does not collect with the Yard Waste. Subsection 7. Lawful Acts. Nothing in this Ordinance shall abridge the right: A. Of any recycling program to lawfully operate within Dakota County, subject to such licenses or other regulations as may be required by law. B. of any Person to give or sell their Recyclable Materials to any recycling program lawfully operating for profit, non-profit or charitable purposes. ' SECTION XVI. VARIANCES upon written application by the applicant or operator, the County Board may grant variances from the requirements of the regulations and standards prescribed by this Ordinance in order to promote the effective and reasonable application and enforcement of the provisions of this Ordinance. The variance shall be in writing and granted only for good cause shown under this Section. A request for such variance shall be accompanied with a plan and time schedule for compliance with the provisions of this ordinance. SECTION YVII. XDDITIdNAL' REQUIREMENTS For purposes of protecting and providing for public health, safety and welfare, the County Board may impose additional requirements consistent with the intent of this Ordinance for the operation of Solid Waste Facilities, and may amend or revoke portions of this Ordinance as deemed best to protect public interest. L') r C`O n ,-./,,, G. 14, e. //C; I • K. Solid Waste Haulers shall only accept for collection, Yard Waste, which is generated, and placed for collection in Dakota County after January 1, 1994: (1) which has been placed in paper bags, or other biodegradable container(s) which will decompose within the time period it takes to produce a finished compost product out of the material held by the container, or (2) which is in a container that is not collected with the Yard Waste, or (3) Which is not containerized. L. solid Waste Haulers shall refuse to knowingly accept for collection in Dakota County any Mixed Municipal Solid Waste which contains Yard Waste, Christmas Trees, or any material which has been designated by the County Board as Subsectionssubject 1.to mandatory recycling, pursuant to Section XV. , and 1.C. subsection 4. A solid Waste Final Disposal Facility licensed by the county Board shall not accept for Final Disposal or storage, Solid Waste from any Solid Waste collection and Transportation vehicle required to be licensed • pursuant to this Ordinance, unless said vehicle has been licensed pursuant to this Ordinance. subsection S. Charges for the collection of Mixed Municipal Solid' Waste in the County shall vary with the volume or weight of the waste collected. collectors of Mixed Municipal Solid Waste in the County are prohibited from imposing a greater charge on residents who recycle than on residents who do not recycle. subsection 6. No Person may place processed or Unprocessed Mixed Municipal Solid Waste that is generated in the County in a Final Disposal facility .that does not comply with the minimum requirements for design, construction and operation of anew Mixed Municipal Solid Waste Disposal Facility pursuant to Minnesota Rules .Chapter 7035, in effect on January 1, 1991. Subsection 7. Those Persons who collect or transport Solid Waste or Recyclable Materials that do not require a Haulers license, must do so in a safe and sanitary manner and must secure all loads so as to prevent escape of any of these materials. Failure to do so is a violation of this Ordinance and makes a Hauler subject to citation under Section II. Subsections 16. and 17. Subsection 0. Those Persons who collect or transport Recyclable Materials, must report, to the Department information relating to the collection and Processing of Recyclable Materials. Such information may include, but is not limited to weight of Recyclable Materials hauled, origin of waste(s) , and .the Solid Waste Facility at which waste was deposited. subsection 9. Those Persons who collect Solid Waste in Dakota County shall maintain records regarding the volume, weight, type(s) , and origin(s) of waste collected. Each day, a record of the origin(s) , type(s) , and weight of the waste collected that day, and the identity of the Solid Waste Facility at which collected waste is deposited 73 i . r ► RESOLUTION NO.RI -93 APPROVING THE REQUEST FOR VARIANCE TO DAKOTA COUNTY ORDINANCE 110 (as amended) 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 of the 20th day of December, 1993 at 7:00 P.M.. The following members were present: -- The following members were absent: i WHEREAS, the City Council of the City of Farmington has been actively involved thro its Solid Waste operations and public educational efforts to reduce the per capita amount of waste designated for landfilling since 1989; and WHEREAS, residents of the City have been actively reducing, reusing and recycling in a community wide waste abatement effort; and WHEREAS, the City has been actively testing, a weight-based collection system, which is an accept- able method of collection per Ordinance 110, for the past two years; and WHEREAS, the City only recently determined that their proposed weight-based collection system would be financially impractical; and WHEREAS, Dakota County Ordinance 110 as amended by Resolution No. 93-810, requires mixed solid waste haulers to offer residential services in 30 gallon increments beginning at 38 gallons or less or a weight-based collection system by January 1, 1994, in order to be licensed for hauling in Dakota County; and WHEREAS, the residents of Farmington currently have 90 gallon containers for garbage service and any changes in container sizes will require a significant unbudgeted expense and considerable time for imple- mentation. NOW THEREFORE, BE IT RESOLVED that the Director of Public Works is hereby authorized to submit an application to the Dakota County Board of Commissioners for a variance from the stated requirement of Ordinance 110 for all of 1994. The City will use this time to purchase all needed contain- ers and distribute them per the customer requests for changes in service. BE IT FURTHER RESOLVED that a certified copy of this resolution shall be submitted with said application, and an implementation plan and time schedule will also be included. This resolution adopted by recorded vote of the Farmington City Council in open session on the 20th day of December, 1993. Mayor Attested to the day of , 1993. SEAL Clerk/Administrator • TIME SCHEDULE FOR IMPLEMENTATION OF RESIDENTIAL VOLUME BASED COLLECTION (30 gallon increments - per Ordinance 110) January 1, 1994 - Publish quarterly City newsletter with article calling for garbage service change requests from residents. Ask all new residents for service size requests. January 10, 1994 - Council Workshop - Plan out strategy for Implementation of volume-based collection. January 31, 1994 - Order one fourth of containers needed per requests from residents. Distribute to new customers per requests. March 31, 1994 - Order additional one fourth of containers. Begin distribution to existing customers per requests. April 1, 1994 - Implement billing for 30 gallon incremental service (30-60-90) for residential customers. June 30, 1994 - Order additional one fourth of containers. Continue distribution to existing and new customers per requests. October 31, 1994 - Order all remaining containers per requests and comments from customers. December 31, 1994 - Distribute any remaining containers to customers per requests. MEMO TO: MAYOR AND COUNCIL SUBJECT: ENGINEERING POSITION DATE: DECEMBER 14, 1993 The 1994 Budget has been approved by the City Council. It includes the hiring of a civil engineering position with a starting date of April 1, 1994. Attached is a copy of the advertisement for this position. I am seeking Council authorization to proceed to fill the position. Attached you will find a time line that will be followed to fill this position. During the budget meetings, it was indicated that either an engineer or a street maintenance worker could be hired by the Public Works Department and I had to decide which was selected. In a meeting with Larry Thompson, Jim Bell and Jerry Bauer, the Street and Utility Foreman clearly indicated that he did not want any additional help at this time. This made the decision easy. Please note that the Street and Utility crew will need additional help in the future as growth continues. It is my recommendation that the Council authorize the advertisement for the position of Civil Engineer I. J Thomas J. Kaldunski City Engineer cc: file Larry Thompson Wayne Henneke Russ Matthys Jerry Bauer TJK • AGENDA REQUEST FORM Item No. 5z Name: Tom Kaldunski / ` Department: Public Works < � Date: December 9, 1993 Meeting Date: December 20, 1993 Category: Consent Subject: Authorize Advertisement for Engineering Position Explanation: Reference Material/Responsibilty Memo/Ad/Time Line - Tom Kaldunski Referred To: (Name) Department Larry Thompson Administration Wayne Henneke Finance Tom Kaldunski Public Works Russ Matthys Public Works . :/r)",/(4.144( Signature MEMO TO: TOM SUBJECT: TIME LINE FOR HIRING CIVIL. ENGINEERING I POSITION DATE: DECEMBER 7, 1993 The following is the proposed time line needed in order to fill a new engineering position by April 1, 1994. Council Approve Position& Advertisement December 20, 1993 Advertise Position December 30, 1993 through January 23, 1994 Application Deadline January 31, 1994 Potential Candidates Selection Process February 1 through February 11, 1994 Interview Candidates February 16 through February 25, 1994 Selection Process for Successful Candidate February 28 though March 3, 1994 Offer Position to Successful Candidate March 4, 1994 Candidate Accept Position with City March 11, 1994 Begin Work April 1, 1994 Also attached is the proposed new job description and rating of position. These items will need to be presented to the wage review committee with your recommendation. Please see me if you have any questions. .1 L144- /'iw., ,,1 Russ CITY OF FARMINGTON POSITION DESCRIPTION POSITION: CIVIL ENGINEER I PURPOSE AND SCOPE: ASSISTS AND SUPPORTS THE PUBLIC WORKS DIRECTOR/ CITY ENGINEER IN PERFORMING THE DAY TO DAY DUTIES (ACTIVITIES) OF THE ENGINEERING OPERATIONS. RELATIONSHIPS: Reports to: Assistant City Engineer Gives Work Direction to: Engineering Technician Engineering Interns SPECIFIC RESPONSIBILITIES TASK 1 CIVIL ENGINEERING OPERATIONS 1.1 Assists as a liaison for the City with consulting engineers, governmental agencies, developers and the general public for all engineering activities. 1.2 Assists in preparing the plans and specifications for public improvements. 1.3 Coordinates receipt and tabulation of bids on public improvement projects. 1.4 Secures necessary permits and approvals from Federal, State and local levels. 1.5 Performs surveying and construction staking, utility and street inspections, and preparing pay estimates for improvement projects. 1.6 Maintains as-builts for street and utility improvements. Provides said information for various requests. 1.7 Coordinates construction projects with consulting engineers, consulting planner, contractors, developers, City administration and public utilities as directed by City Engineer. 1.8 Assists in seeing that contract street and utility work is planned and submitted for bids according to established procedures, and inspects the performance of such contracts. 1.9 Monitors contracted work to ensure performance meets City standards. 1.10 Uses computer and various software, such as follows: AutoCad - Drafting of Plans and Details, Lotus 1-2-3 - Bid estimates and tabulations, Word Perfect - Reports and correspondence. 1 • t • 1.11 Prepares proper documentation for reimbursement of MSA funds. 1.12 Assists in reviewing all future improvements relating to the use of MSA funds. 1.13 Assists in right of way acquisition. 1.14 Assists in design of public works projects. 1.15 Receives and responds to calls and requests involving engineering projects. 1.16 Makes recommendations for Engineering budget and capitol improvement program. The above states describe the principal function of the job identified, but shall not be construed as an exclusive listing of all the work requirements that may be inherent in the job. KNOWLEDGE AND SKILLS 1. High degree of knowledge of engineering specifications, proposals, standard details and plans. 2. Ability to design municipal improvements using standard civil engineering practices. 3. Ability to operate AutoCad, Lotus 1-2-3, Word Perfect and various other computer software at a competent level. 4. Ability to operate Theodolite, Automatic Level and various other surveying equipment at a competent level. 5. Knowledge of current street and utility construction techniques and ability to field inspect such work. 6. Knowledge of Federal, State, County and Local improvement and permit requirements. 7. Ability to establish and maintain effective working relationships with co-workers, supervisors and the public. 8. Ability to communicate effectively, clearly and concisely, both in oral and written form. 9. Ability to plan and coordinate within and between departments. 10. Ability to work independently with minimal work direction and supervision. 11. Ability to supervise, plan, and inspect work of subordinates. 12. Ability to adapt to a wide and varying range of duties. 2 1 13. Ability to meet and maintain physical requirements as may be established from time to time by the City. Includes lifting objects in excess of 50 pounds. MINIMUM QUALIFICATIONS Bachelors Degree in civil engineering from an accredited university or institution. Status as Engineer In Training. Sufficient training and experience to demonstrate the knowledge and abilities listed above. Demonstrated leadership and the ability to work cooperatively with other employees throughout his/her work experience. Class "C" drivers license. 3 L. CIVIL ENGINEER I - JOB EVALUATION SUMMARY 1. Know How 100+ (D+) 2. Management 50+ (C) 3. Problem Solving 45+ (C+) 4. Contacts 40 (C+) 5. Working Conditions 35 (B1) 6. Supervision 15 (B1) 285 Grade 6- Min. $26,691 Mid. $31,960 Max. $ �• CIVIL. ENGINEER I City of Farmington (pop. 6200) a growing southern metro city, located 35 minutes south of Mpls/ St. Paul is accepting applications for the position of Civil Engineer I in the Public Works Depart- ment. Position is responsible for assisting City Engineer in duties related to public works, streets and utilities, civil engineering and Minnesota State Aid system. Must be proficient in AutoCADD. Minimum Qualifications: B.S. Degree in Civil Engineering from an accredited college or univer- sity plus status as Engineer In Training. Class "C" drivers license. Applications are available at City Hall, City of Farmington, 325 Oak Street, Farmington, MN 55024. Applications received until January 31, 1994. Equal Opportunity Employer cc: Dakota County Tribune Farmington Independent Minneapolis Tribune - outstate and metro Unemployment Office U of M Placement Office SDSU Placement Office • AGENDA REQUEST FORM Item No. 6a Name: Charlie Tooker Department: Administration Date: December 7, 1993 Meeting Date: December 20, 1993 Category: Public Hearings Subject: 7: 30 P.M. - Public Hearing to Amend Zoning Ordinance and Map Explanation: Three properties were annexed into the City in July and August of 1992 but were not zoned. Reference Material/Responsibilty Ordinances/Notice - Charlie Tooker Referred To: (Name) Department Larry Thompson Administration Karen Finstuen Administration Charlie Tooker Administration (4.4 1,4„, Signature City of Farmington Notice of Public Hearing Notice is hereby given that a public hearing will be held by the City Council of the City of Farmington, Dakota County, Minnesota on tlx 20th day of December, 1993 at 7:30 P.M. in the Council Chambers of the Civic Center, - 325 Oak Street.Farmington,Minnesota for the purpose of considering amending the Zoning Ordinance by zoning three properties which were annexed to the City of Farmington in July and August of 1992. Two of the properties are located on the north side of Willow Street and used as single family lots.They are parcels 14-03000- 040-82 and 14-03000-012-81 owned by LaVane and Helen Bung and Sidney and Norrie Hegseth, respectively. The third property is situated south of Dakota Electric Association and west of the Dakota County Fairgrounds.It is divided into three parcels, 14-00600-014-27, 14-00600- 010-28 and 14-00600-010-29 and owned by Robert F. Adelman.The intended use of this property is industrial. All persons desiring to be beard,in person or in writing, will be heard at this time. By/s/Larry Thompson City Administrator 12/9 I PROPOSED CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE 0q3- ? An Ordinance Zoning Parcels 14-03000-040-82 and 14-03000-012-81 Recently Annexed from Empire Township Owned by Lavane and Helen Bung and Sidney and Norrie Hegseth THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS: SECTION I: Title 10, Chapter 2, Section 8 (B) shall be amended by adding the following: Ordinance No. adopted the 20th day of December, 1993 zones the land annexed to the City by Ordinances 092-271 and 092-272 owned by Lavane and Helen Bung and Sidney and Norrie Hegseth, respectively, R-2 Medium Density Residential described as follows : 14-03000-040-82 The E 80' of the following described tract of land, to wit : All that part of the S 1/2 of the SE 1/4 of Sec. 30, TWP 114, R19, described as follows : Commencing at a point 40' N of the NW corner of Lot 5 in Block 2 of Bung' s Addition, thence N 200' , thence E 320' , thence S 200' , thence W 320' to the place of beginning. Subject to and together with an Easement over the S 40' of the last described tract for road purposes . 14-03000-012-81 That part of the SE 1/4 of Sec. .. 30, TWP 114, R19, described as follows : Beg. at intersection of W line of 5th Street, City of Farmington, extended, and the Section line between Sections 30 and 31, TWP 114, R19, thence E' ly along the S line of said Sec. 30 a distance of 290 .4' which is the point of beg. ; thence E' ly along the S line of said Sec. 30 to a point which lies 940' W of the SE corner of said Sec. 30; thence N and parallel to the E line of said Sec. 30 a distance of 200' ; thence W and parallel to the S line of said Sec. 30 to a point which lies 200' N of the point of beg. ; thence S 200' to the point of beg. ; except any portion of the above described property lying within all tht part of the S 1/2 of the SE 1/4 of Sec. 30, TWP 114, R19, described as follows, to wit: Commencing at a point 40' N and 80' W of the NW corner of Lot 5, Block 2, Bung' s Addition, thence W 80' , thence N 200' , thence E 80' , thence S 200' to the place of beg. SECTION II: After adoption, signing and attestation, this ordinance shall be published one time in the official newspaper of the City and shall be in effect on and after the day following such publication. Enacted and ordained the 20th day of December, 1993 . ATTEST: CITY OF FARMINGTON SEAL Mayor Clerk/Administrator Approved as to form the day of City Attorney Published in the Farmington Independent the day of , 1993 . A PROPOSED CITY OF FARMINGTON DAKOTA COUNTY, MINNESOTA ORDINANCE Oq 3-- . An Ordinance Zoning Parcels 14-00600-014-27, 14-00600-010-28 and 14-00600-010-29 Owned by Robert F. Adelmann and Recently Annexed to the City of Farmington from Castle Rock Township THE CITY COUNCIL OF THE CITY OF FARMINGTON HEREBY ORDAINS AS FOLLOWS : SECTION I: Title 10, Chapter 2, Section 8 (B) shall be amended by adding the following: Ordinance No. adopted the 20th day of December, 1993 zones the land annexed to the City by Ordinance No. 092-281 and owned by Robert F. Adelmann to I-i Light Industrial legally described as follows : 14-00600-014-27 The W 1/2 of the NW 1/4 of Section 6, Township 114, Range 19W, Dakota County, Minnesota Excepting therefrom railroad right of way and also excepting a tract of land described as follows : Beginning at the intersection of the E line of the said W 1/2 of the NW 1/4 and the SE' ly ROW of the Milwaukee Railroad, said point lying 1, 392 . 40' S of the NE corner of the said W 1/2 of the NW 1/4; thence S along said E line a distance of 320 . 0' ; thence deflecting to the right at an angle of 104D44M30S a distance of 393 . 50' to a point on the SE' ly ROW; thence NE' ly along said ROW a distance of 440' , more or less, to the point of beginning. ALSO EXCEPTING therefrom a tract of land N and W of the CMSTP&P Railroad ROW, already annexed to the City of Farmington. Subject to road and utility easements of record, if any. Containing in all 75 .43 acres, more or less, according to the Government Survey thereof. 14-00600-010-28 All that part of the E 1/2 of the NW 1/4 of Section 6, T114, R19, lying W of the ROW of the Iowa and Minnesota Division of the CMSTP Railway Company and S of the ROW of the Farmington and Mankato Line of said CMSTP Railway Company as are now located across said lands, being about 12 acres, more or less, being the same lands conveyed to the within Grantee by William Nicolay and Belle Nicolay, his wife, by Warranty Deed dated 10/1/1901, and recorded on 10/8/1901, in Book 70 of Deeds; on page 447 of the records of Dakota County, State of Minnesota, (recorded 4/29/1905, in Book 117, Page 320) . A strip, belt or piece of land, 100' wide, extending across in the NE' ly and SW' ly direction of all that part of the E 1/2 of the NW r 1/4 of Section 6, TWP 114 , R19, which lies W of the ROW of the Iowa and Minnesota Division of the CMSTP&P Railway Company'. The center of said strip being marked on the ground by a line of stakes, marked (L) together with the strip of land 25' wide adjoining the ROW of said Iowa and Minnesota Division of said railway, extending from the N line of said premises herein before described to the point where said ROW running NE' ly and SW' ly leaves said main line of said railway, all in Dakota County, Minnesota. (Recorded 10/8/1901, in Book 110, Page 303) 14-00600-010-29 A strip, belt or piece of land 100' wide, extending across from the E side to the W side of the W 1/2 of the W 1/2 of the NW 1/4 of Section 6, TWP 114, R19, in the County of Dakota, State of Minnesota. Hereby conveying a strip of land 55' wide on each side of the C/L of the railway of said company, as now located and established across said land. (Recorded 6/16/1902, in Book 109, Page 155) A strip, belt or piece of land, 100' wide, extending across from the E side to the W side of the E 1/2 of the W 1/2 of the NW 1/4 of Section 6, TWP 114 , R19, in the County of Dakota, State of Minnesota. Hereby conveying a strip of land 50' wide on each side of the C/L of the railway of said Company, as now located and established across said land. (Recorded 6/16/1902 in Book 109, Page 157) A tract of land in the W 1/2 of the NW 1/4 of Section 6, TWP 114 , R19, described as follows : beginning at the intersection of the E line of said W 1/2 of the NW 1/4 and the SE' ly ROW line of the Milwaukee Railroad, said point lying 1, 392 .4' S of the NE corner of said W 1/2 of the NW 1/4; thence S and along said E line a distance of 320 . 0' ; thence deflecting to the right at an angle of 104D44M30S a distance of 393 .5' to a point on said SE' ly ROW; thence NE' ly along said ROW a distance of 440' more or less to the point of beginning. Containing 1 .32 acres . (Recorded 2/7/1966, in Book 264 , Page 351) SECTION II: After adoption, signing and attestation, this ordinance shall be published one time in the official newspaper of the City and shall be in effect on and after the day following such publication. Enacted and ordained the 20th day of December, 1993 . AGENDA REQUEST FORM Item No. 8c Name: Jerry Henricks Department: HRA Date: December 9, 1993 Meeting Date: December 20, 1993 Category: Ordinances and Resolutions Subject: Adopt Resolution Amending Resolution R129-93 - Library Grant Explanation: Amend the Library Grant Resolution to include authorization of execution of grant agreement LSCA Title II Public Library Construction Grant. Reference Material/Responsibilty Resolution/Agreement - Jerry Henricks Referred To: (Name) Department Larry Thompson Administration Jerry Henricks HRA "Id4-4414;e #--€'7/44.e.:A.) Signature MEMO TO: MAYOR AND COUNCIL SUBJECT: LIBRARY GRANT APPLICATION DATE: DECEMBER 17, 1993 Attached is the proposed amended resolution to the original Library Grant application resolution. The required changes by the Library Development Committee are highlighted for your attention. The first highlighted item was to note who administers the grant funds. The second requirement by the Library Development is the paragraph requiring the City to agree to execute the Construction Grant agreement if the City is awarded the grant. The draft Construction Agreement points out the HRA/City must perform/renovate the building per the grant application,the terms of payment(in- voice system), how funds may be used,the length of the agreement(September 30, 1995),record keeping procedures, auditing of financial records, cancellation terms, amendment terms, notifica- tions and implementation of the Davis-Bacon Act. If the City was to be awarded the grant funds but for unforeseen reasons was unable to complete the project, the City would be required to repay the funds to the Library Development Services,per the final Construction Grant Agreement. There could be a 5-8%penalty imposed upon the City by the LDS, should the City decide not to proceed with the project. If the grant was $200,000 the penalty could be $16,000. The draft Construction Grant Agreement is enclosed for your review. If the Council agrees with the execution of the Construction Grant Agreement, a motion should be passed approving the Amended Resolution. If there are any questions,please feel ee to contact me. W • Gerald A. Henricks HRA Executive Director GAH/sm cc: file GAH PROPOSED RESOLUTION NO. R -93 AMENDING RESOLUTION NO. R129-93 MINNESOTA DEPARTMENT OF EDUCATION, OFFICE OF LIBRARY DEVELOPMENT AND SERVICES GRANT APPLICATION 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_day of , 1993 at P.M. The following members were present: The following members were absent: Member introduced and Member seconded the following resolution: WHEREAS, the Minnesota Department of Education, Office of Library Development and Services administers the Library Services and Construction Act (PL98-480) grant funds in amounts not to exceed $200,000 for building, renovation and expansion of public library facilities; and WHEREAS, the City of Farmington plans to renovate an existing grocery store building for future use as the public library. This library building will have as its service area the Farmington School District. NOW THEREFORE, BE IT RESOLVED by the Farmington City Council of the City of Farmington, Minnesota, that the City Council does hereby acknowledge the required Compliance of Assurances as noted Number 14 of the Grant Application (See Attachment A) and in accordance with all applicable State and Federal laws and rules, including those as specified in the application; and BE IT FURTHER RESOLVED that the City Council does hereby authorize the submittal of a Library Services and Construction Grant Application with the State of Minnesota Department of Education, Office of Library Development and Services for the Farmington Library, and BE IT FURTHER RESOLVED that the City Council hereby authorizes the execution of said grant agreement if the City of Farmington is awarded the LSCA Title II Public Library Construction Grant. This resolution adopted by recorded vote of the Farmington City Council in open session on the day of , 1993, as follows; Voting Yes No Kuchera Orr Rotty Galler Ristow Mayor Attested to the day of , 1993. SEAL Clerk/Administrator r _'"\ € 7 t .4) ' CONSTRUCTION GRANT AGREEMENT THIS AGREEMENT, which shall be interpreted pursuant to the laws of the State of Minnesota, between the State of Minnesota (STATE) acting through its Minnesota Department of Education (DEPARTMENT) , and Address Federal Employer ID No. (GRANTEE) , witnesseth that: WHEREAS, the DEPARTMENT is authorized to make a grant for the purpose of: Library Services and Construction Act, Title II, Public Library Construction, and WHEREAS, GRANTEE prepared and submitted according to applicable sections of Minnesota Rules an application for a grant for the above described project (PROJECT) and WHEREAS, GRANTEE represents that it is duly qualified, willing, and prepared to undertake and complete the PROJECT described in its application which is attached hereto as ATTACHMENT A. WHEREAS, the DEPARTMENT and the GRANTEE desire to formally agree upon the performance of the PROJECT described herein; NOW, THEREFORE, IT IS AGREED by and between the parties as follows: I. TERMS OF PERFORMANCE. The objectives, scope, and methods of this PROJECT are stated in ATTACHMENT A, the terms of which are incorporated herein. II. CONSIDERATION AND TERMS OF PAYMENT. In consideration of all services performed and goods or materials supplied by the GRANTEE pursuant to this Agreement, the STATE shall pay for all actual, allowable costs incurred by the GRANTEE under the terms of this agreement, not to exceed dollars ($ ) . III. LIMITATION ON USE OF FUNDS. The use of these grant monies shall be limited to that portion of ATTACHMENT A funded under Clause I of this Agreement, and by any applicable state or federal laws. IV. AGREEMENT PERIOD. This Agreement shall be effective upon the date it has been executed by the parties and shall remain in effect until September 30, 1995, or until all obligations set forth in this Agreement have been satisfactorily fulfilled, whichever occurs first. V. STATE'S AUTHORIZED AGENT. The STATE'S authorized agent for the purposes of administration of this Agreement is the Director, Construction Grant Agreement - Page 2 Office of Library Development and Services, Minnesota Department of Education. VI. OTHER PROVISIONS. Other provisions to this Agreement, if any, are stated in Attachments, the terms of which are incorporated herein. VII. REPORTS. The GRANTEE shall present reports to the DEPARTMENT Commissioner (COMMISSIONER) or his representative named in provision V. At the COMMISSIONER'S discretion, the reports may be presented at Departmental legislative, other state agency or public meetings where the GRANTEE shall be available to explain the PROJECT and to respond to questions. VIII. FINANCIAL PROVISIONS. A. ALLOWABILITY OF COSTS. Allowability of costs incurred under this Agreement shall be determined in accordance with the procedures and principles given in the federal publications "Office of Management and Budget Circular A-102," as amended and "Office of Management and Budget Circular A-87, " as amended. No claim for materials purchased in excess of budget categories or program services not specifically provided for in this Agreement by the Grantee will be allowed by the State unless approved in writing by the State. Such approval shall be considered to be a modification of the Agreement. B. ACCOUNTS. The GRANTEE shall maintain books, records, documents, and other evidence pertaining to the costs and expenses of implementing this grant to the extent, and in such detail as will accurately reflect all gross costs, direct and indirect, of labor, materials, equipment, supplies, services, and other costs and expenses of whatever nature. The GRANTEE shall use generally accepted accounting principles. C. EXAMINATION AND AUDIT OF ACCOUNTS AND RECORDS. The DEPARTMENT or its representative shall have the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs and the method of implementing the grant. The GRANTEE shall make available at the office of the GRANTEE at all reasonable times before and during the period of records retention, proper facilities for such examination and audit. D. STATE AUDITS. The books, records, documents, and accounting procedures and practices of the GRANTEE relevant to this Agreement shall be subject to examination by the State Legislative Auditor, and federal auditors. E. RETENTION OF RECORDS. The GRANTEE shall preserve all financial and cost reports, books of account and supporting Construction Grant Agreement - Page 3 documents, and other data evidencing costs allowable and revenues and other applicable credits under this grant which are in the possession of the GRANTEE and relate to this grant, for five years after final payment under this grant. IX. CANCELLATION. This contract may be cancelled by the STATE at any time, with or without cause, upon thirty (30) days' written notice to the other party. In the event of such a cancellation, GRANTEE shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. It is expressly understood and agreed that in the event the reimbursement to the State from Federal sources is not obtained and continued at an aggregate level sufficient to allow for the Grantee's program to continue operating, the obligations of each party hereunder shall thereupon be cancelled; provided that any termination of this Agreement shall be without prejudice to any obligations or liabilities for the parties already accrued prior to such termination. X. AMENDMENTS. The DEPARTMENT or the GRANTEE may, during the term of the Agreement, deem it necessary to make alterations to the provisions of the Agreement. Any changes to this Agreement shall be incorporated by written amendment signed by both parties and the appropriate representatives of the STATE. XI. ASSIGNMENTS. The GRANTEE shall not transfer or assign to any party or parties any right(s) , obligation(s) , or claim(s) under this Agreement without the prior written consent of the DEPARTMENT. XII. LIABILITY. GRANTEE agrees to indemnify and save and hold the STATE, its agents and employees harmless from any and all claims or causes of action arising from the performance of the Agreement by GRANTEE OR GRANTEE'S agents or employees. This clause shall not be construed to bar any legal remedies GRANTEE may have for the STATE'S failure to fulfill its obligations pursuant to this Agreement. XIII. PUBLICATION AND OTHER RIGHTS IN DATA. A. The term "Subject Data" as used herein includes curriculum materials, reports, writing, sound recordings, pictorial reproduction, drawings, or other graphical representations, and works of any similar nature shall be made available to the Department upon request unless otherwise specifically required to be provided by this agreement. The term does not include financial reports, cost analyses, and similar information incidental to project administration, which are accessible pursuant to Article VIII of this agreement. B. Subject to the limitation of (D) below, the DEPARTMENT may duplicate, publish, use, and disclose in any manner and for Construction Grant Agreement - Page 4 any authorized DEPARTMENT activity and have others so do, all Subject Data. C. All Subject Data published by either the GRANTEE or the DEPARTMENT shall give credit to the other party's participation in the PROJECT. D. In the event that the GRANTEE secures a copyright, the GRANTEE agrees to and does hereby grant to the DEPARTMENT and to its officers, agents, and employees acting within the scope of their official duties, a royalty-free, non-exclusive, and irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so for use by the STATE, its divisions, instrumentalities, and local subdivisions, all Subject Data now or hereafter covered by copyright. XIV. EQUAL OPPORTUNITY. A. The GRANTEE will not discriminate against any employee or applicant for employment because of race, creed, color, religion, national origin, sex, age, or physical or mental disability, reliances on public assistance, marital status or any other class or group distinction, as set forth by federal and state anti-discrimination laws, except where it relates to a bona fide occupational qualification. Such action shall include but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. The GRANTEE will in all solicitations or advertisements for employees placed by or on behalf of the GRANTEE, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, national origin, sex, age or physical or mental disability, reliances on dpublic assistance, marital status or any other class or group distinction, as set forth by federal and state anti-discrimination laws, except where it relates to a bona fide occupational qualification. C. The GRANTEE will send a notice to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding advising the labor union or workers' representative of the GRANTEE'S commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. XV. INDEPENDENT GRANTEE. It is agreed that nothing herein contained should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto, or as constituting the GRANTEE or the GRANTEE'S Construction Grant Agreement - Page 5 employees as the agent, representative, or employee of the STATE for any purpose or in any manner whatsoever. The GRANTEE is to be and shall remain an independent contractor with respect to all services performed under this Agreement. XVI. MISCELLANEOUS. It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items incorporated by reference are either attached or have been provided to the GRANTEE and are on file at the STATE'S administrative office. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. APPROVED: As to form and execution by the ATTORNEY GENERAL: GRANTEE: By: By: Date: Title: Date: MINNESOTA DEPARTMENT OF EDUCATION OFFICE OF LIBRARY DEVELOPMENT AND SERVICES By: By: Title: Mayor Title: Director Date: Date: MINNESOTA DEPARTMENT OF EDUCATION By: Title: Commissioner Date: ‘h3