HomeMy WebLinkAbout4.d. Ratify Recycling Joint Powers Agreement with County f .
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`— City of Ra►semount �
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Resa�lution 1989�
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A Resolution ApprQving the �
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"Communi#y Abaterr�ent Funding Program" i
-Jc�int Pow�rs Agreement ;
WHEREAS, the Caunty of Dakota has �ppraved the City of �
Rosemount's agptieation for funding under the County's Commanity ?
Abatemeat Funding Pragram Gt�idelines. i
NOW THERE�p&E BE IT RESOLYED, the City Council o€ tbe City {
af Rosemaunt hereby approves the "Commvnity Abatement Funding J
Pragram Joint Powers Agreement, between the City of Rosemount ;
and the County af Dakota, and authorizes the necessary signatares i
thereon.
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Adopted t6ris 17th day af Jsanary, i989.
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Rollan Hake, M�yor i
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Stephan Jilk, AdministratorlClerk . ?
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JOINT POK£RS AGREEMEf�T
This Agreement is between Oakota County (hereinafter "GounLy") and
the City ef Rosemount (hereinafter "�lunicipality"), throagh their Board and
Council, respective}y.
W1�ER�AS, on July 2G, 1988, after a publ ic hearing t,liereon, the Dakota
County Board of Co�r►issioners adapted its County Recyciing Poticies and
Gomnunity Abatement Funding Program Guidelines �Resolution No. 88�650 and
Resolution No. 88-65I); and
WHEREAS, the County Recycling Policies include a requirement that a11
cities and townships within the Caunty participate in recycling activities;
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NNEREAS, the County desires to provide a portion of tlae costs incurred by
cities and townships to implement and aperate local comprehensive landfitl
abatement programs; and
1�lFiEREAS, tMe Municipality intends to implement and ap�rate a iocal
comprehensive landfill abatement program wlthin its �urisdiction and desirses
to rece:ive such County funding support as may be available; and
1�'NEREAS, any locai governmentai unit may act tQgetMer with any county
under a �oint powers agreement to accompiish landfill abatement �rswant to
Minn. Stat. 473.811, subd. 7; and
klt�EREAS, the Dakota County �oard af Comrnissianers has al�crcated funds
expected to be received from surcharge collections pur�suant to Minn, Stat.
115A.914.
h4W, THEREFORE, tfie County and tt� Munficipatity agree to this Joint
Powers Agreement pursuant to Minn. Stat. 4�I.59 an�i �73.81i, sut�d. �, a�s
fol�ows;
1. Pur ose,
The purpose of thjs Rgreement is to prvvide fvr cooperation �etween ttie
County and the Municipatity ta implement a 1uca1 camprehensive land€itl
abatement program.
2. Term,
TMe term of this Ar�reement is fr�in Ja��uary i, �989 thrvug)t December 31,
1991, unl ess termi nated earl i er pursuant ta Paragraph 18.
3. Program.
The Municipality shall impiement a lacal com�rehensive lan�ifill abatement
program designect to meet or exceed t}�e following recyclin� rates:
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� 1984 1990
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Residential Recyclin9 9� 12� 14�
� The t�unicipality shal] implement the activities substantiatly as set forth in
and as approved by the County in Exhibit �A. The Dakota County Physical
Deveiopment Director or his designee shall have the authority to apprvve
modificatians to Exhibit � as requested by the Municipaltty, as ls�ng as the
amaunt payable under this Agreement does not exceed �69,8I4,a0 tn 1989, and so
long as the proposed modificatians are consistent with the County's funding
guidelines.
4. Payment Schedule and Annual Report. 1989.
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, The County wi11 pay the Municipatity the grant amount speciF3ed in
paragraph 3 in four (4) equai installments, upon County receipt and approval
of progress rsports, as fottows:
februarY i, 1989
t�lay 1, 1989
August 1, I989
November 1, 1989.
Progress reports sha11 be submitted in the forin preseribed by the County.
By January 30, 1990 the Municipality shall submit its 1989 Annual Repa►rt
in the farm prescribed by the County. The County shall evaluate the
Municipality's 19II9 performance pursuant to this tlgreement. The fotlawing
evaluation formuta shatl be utilized;
� full operation of targeted cor�nunity prvgram 50 points
designed by the County or other County-
approved plan by January 1, 1990
achievement of 9� residential 40 points
recycling rate {4.4 points per l�j
cvmpletion of carr�ercial/industriat IO po3nts
recycting objectives in Exhibit A.
The Municipality will reimburse the County the follo�ing percentages o�
funds paid pursuant tp Faragraph 4 based on the follawing evaivatian scores:
0-5Q points 50�
51-15 points 25�
76-90 poir�ts 109�
9I-100 points 0�
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If the Municipality receives funding pursuant to ti�is Agreement in 1940, sueta ,
reimt�ursement sha11 be deducted from the 199fl payments by the County to the
Municipality. If �he Munic9pality does not rec�ive such funding in 199fl, sucl�
reimt�ursement shail be �narde by February 28, 199U.
� Monies received under Lhis Agreement or assets acquired arith funds
provided under this Agreernent which are not used for or do not continue in use
fior a Caunty-approved landflll abatement pro3ect shall be repaid or returned
to the County.
5. PaNnent Schedule and Annual Reports: 1990 and I991.
The County aill pay the Municipality fin 1990 an� in 1991 accarding to
such policies as may be advpted by the Caunty for such years, The County
agrees ta adopt its poli�ies ay July 1 of the preceding year and to execute
such amendments to this Agreement as are necessary to implement such policies.
Progress reports and Annuai Reparts for 1990 and 1991 shall be sutxnitted
at the times and in the form prescribed by the County.
6. Eiigibility.
Only those activities which are fincluded within an approved iipplication
for Funding, attached hereto as Exhibit A, shall be eligfibie for fand3ng under
this Agreement. Activities included within Exhibit A, to the extent
reimbursed by a source other than as pravided for in this �lgreement, are not
elig�ble for reimbursement under this Agreement. Any revenues reeeived hy tt�e
t�unicipa]ity from activities re��ntwrsed pursuant to this flgre�ment shall be
apptied to the costs of such activities.
The Municipa� ity understands that the County's alivcation to the
Municipal�ty under this Agreement for the years 1990 and 1�91 wilt be
dependent upon availability to the County of surcharge colieetions pursuant to
Minn'. Stat, 115A.919 and ather sources ava�lable for landfilt abatement
aetivities.
7. Documentation.
To receive funding from the Gounty pursuant to this Agreement, the
Municipality shall:
A. Reserve fundi ng al 1 ocati on for each cal endar year by submi tti ng to '
the County by Novemher 1, far 1989 and by October 1 for 199Q and
1991 an application, budget and support documentation as required bp
the Caunty. The apPlicatian shali b� available from the pakota
County Pianning and Program Management Qepartr�ent, The appiication
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shall be accompanied by a cert�fied reso1utfan ar mintates froia the
gaverning body of the Municipality requestirrg the funding ailocation
and by documentatian which describes the municipal oFfice paper
recycling program operated by the Municipality.
B. Sut�nit as part of the Annual iteport documentation bf costs actually
- incurred for activities included within Exhibit A and revenues
received from sources other than the County in su��ort of such
activities by danuary 30 of the year fflllow4ng the date the costs
were incurred. Documentation shall be submitted in the format
prescribed by the County. Oocumentation shall include an account�ng
of the number of tons of each recyetable mater3al collected thraugh
all souree separation recycling programs (comnercialjinclustrial and
resident9al� within the Municipality, and an accounting of tl�e
number of tons of recyclable material which has been marketed,
together with a description of the methodology used for
calcu1ation. Far composting programs, the documentation shall "
i ncl ude ei ther a report of the actual number of tons of yar�dwaste
d�livered to compost facilities vr, if actual t�ns are n�t
available, an estimate of the number of cubic yards of yardwaste
de]ivered ta composting facilities together with a metho+�Qtogy used
far calcuTation. The Municipality agrees tQ furnish the Caunty with
additiona� reports in the form and at the frequencies requ�ested by
the County for fiinancial evaluatian and program management pwrpas�s.
8. Access to Records/Audits.
A. The Coanty shall have fuli access to all records relating to the
performanee of this Rgreement.
. t�. The Municipality agrees to maintain records relating to the terms of
this Agreement, and shall retain all such doccanentation for three
years following the last date in wfiich payment was reeeived from the
County under the terms of this Agreement or following the
�ermination of this Agreement, whichever is iater. Such reeords
shall be made available for audit or in�pection at an�r time upan
request of the County or its autnorized representative. The
Municipatity agrees to provide acceSs to the pro,�ect sixe(s�, if
a�y, at reasanabie hours. The Municipallty shall maintain records
• swfficient to show that all funds received under this itgreement were
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expended for Landfill Abatement Purposes in accvrdance with P9inn.
Stat. 115A.919 and this Agr�ement. The Munici�ality agrees to
provide any information that is nat readily availat�le within a
reasanable period of time. All expenses incurred by the examining
authority shall remain a cost of such authority.
9. Property Distribution.
Assets acquired in whole or in part with functs provide�i under tiiis
Agreement shall be the property of the Munieipality. If tt�is 1lgreement is
termin�ted pursuant to Paragraph 18 herein, assets aequired in who1e vr �n
part with funds provided under this Agreement shall be ttie praperty of the
h1unicipal ity so iong as sa�d assets are used by the Municipal i ty for tl�e
purposes of landfill abateinent.
10. llcknowledc�ment of County Financial Assistance
The t�lunicipality sl�all provide the following acknow1edgment 4n all
promotional materials, reports and publicat�vns relating to the activities
described in Exhibit A.
This activity, program, pubtication funded in part by the Dakota
County Board vf Carranissioners' Solid Waste Enterprise Fund.
11. llold Narmless,
The Municipality and the County agree to indemnify and hold each other
harmless from any claims, demands, actions or causes of action arising out of
. any act or omission on the part of their respective co�nissioners, officers,
: agents, servants or employees associated with activities pursued under the
terms of this Agreement.
12. AssiqnmentlSubcontractinq.
7he Municipality shall be responsible fior the perfiormanee �f ail
subcontracts and shall ensure that ail subcontractors perform fully th� terms
of the sub�contract. Any agreement between the Municipality and any
subcontractor shatl obligate the subcontractor to comply with the terms of
this Agreement.
13. Compliance Wit,h Requirements of the Law
The Municipality agrees to comply with all federal , state, and iocal laws
or ordinances. and a11 appticabte rules, regulations, and standards
establisMed by any agency of sueh governmental units, which are now ar
hereafter promulgated insofar as they relate to the Municipality's activities
under the provisions af this �4greement.
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14. E_qual Emplovme pportunitv. •
In all activities related tQ the terms of this Agreement, the
Municipali�y agrees to camply with all federal, state and local iaws,
ordinances, rules, regulations and executive arders pertaining to unlawful
discrimination on accottnt of race, color, creed, religian, national ortgin,
sex, roarital status, status with regard to public assistance, disabitity or
age.
15. Severahilitv.
The provisions of t1�is ligreement ar� severahle. tf ariy paragrapli,
section, subdivision, sentence, clause or phrase af this i#grcement is fpr any
reason held to be contrary ta 1aw, such decision sha11 not affect the
remaining portions of this Agreement,
16. �ntire Agreement.
It is understoad and agreed that the entire Agreement is c�ntained herein
and that this Agreement supersedes all oral and written agreem�nts and
negotiations between the parties relating to the sub3ect matter hereof,
including the Joint Powers Agreement between th� parties dated February 9,
19aII, which is hereby terminated by agreement of the parties.
17. Amendments.
Any amendments, alterations, variations, modifications. or waivers of
this Agreement sha11 be valid only when they have been redueed to writing,
duly signed by tMe parties.
18. Terminatian.
The Gounty or the Municipatity may terminate xhis Agreement, wfth or
without cause, by giving written notice to the County Administrator fQr the
Coun.ty and Lo the Chairperson of the official gov�rning body of the
Municipality, at least 30 days before Che effective date of termination, The
Caunty and the Municipality also may terminate this Agreement by mutual
written agreement.
19. Effect of Termination.
Termination shall not discharge any liability, responsibility, or right
created or incurred by the County or the Munieipality during the term of this
Agreement. Each party to this Agreement sha11 be tiable for its awn acts to
the extent provided for by 1aw.
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IN WITNESS WtlEREOF, the parties h�reto have caused t}�is llgreem�nt tQ be
duly executed.
APproved a to form: COUNTY OF DAKOTA
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Assistant County Attorney/Date Steven G. Loed�ng, Ghair
Roard of Co�issioners
• Approved as to execution: Date of Signature
Assistant County Attorney Date httest
Norma Marsh, Auditor
Approved by Dakata Caunty Oate of Signature
Baard Resolution Pio.
• This instr�nnent drafted by: KAS
Dakota County Attorney's qffice
Uakota County Government Center MUNICIP
� 1560 West Highway 55
Hastings, MN 55033 ,-�''�^�
Telephones (612 437-043 Date o gnatu e /- -t
Attest '�
c , ty er
Date o ignature /-9:,j�',�
Contracts/K-88-272
A-JPA
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1989 FUNDING /1t�fiLICATIQN
CityfTownship; Ro�emount Date Submitted: lU/i7/8�
Rddress: 2875 145th 5treet taest Program Period: lll/89
Rosemount, riN 55{?68 to X2l31Ia9
ContaCt Person: Dean R. Johnson F'ho�e: G12)423-4411
I . If this is a multi-carrmtunity �roject, piease list all participating
cammun�ties and the lead comnunity or agency for the �roject, and
attach a copy r�f the Jvint Pawers Agreement.
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II . Please indicate whether you plan to take advantage of the County's
early operatian incentive (program in fu3l operatian by 4t1/89) �
Yes x tJo
III• Please provide a brief overvi�w of i9a9 abatement activities;
indicate whether these are a continuation of existing prvgrams or new
programs: (If more space is needed use extra sheets.)
The City• of Rosemount proposes a residential curbside collection program thraugh
a eampetitive bid proceas. Because of the arbAn/rural makeup of the City,
a tergetted coilection area of base bid area for weekly collection will
consist of approximate2y IyUO existin� hovseholds� in the urban serufce areA.
The City wil�. also include service, most Iikely in the form of on-site
drop of€ COt1t81ri@i'gf to `approximateiy 300 multiple residentiai uniCs. Through
the use of aiternate bids, the City wi11 determine a cost effective method
of promoting recycling opportvnities to �n additional 6t?0 househarlds located
in the rura2 service area. Anticipated options range from le�s freqnent
curbside coll,ectian to scattered or centrai drop off "centers" for recyclables.
The City anticipates acquiring and distribnting a single bin fo�r recycling
use to aIl household�, except multiple family residences. At the present
time the City is cantemplating the establishment of a Citq compost #acility,
that would be available to residents for the separate dispvsal of yard waste,
by August 1, 1989. Curbside coliection of yard �aaste �aithitt the urban service
area may ba included as an alternate to the bid process. The City may also
require thaC indiuidual rubbish haulers provide curbside cpllection af yard
waste.
Ttie City also int�nds to negotiate a contract for a commercialjindustri�l
recyciing pragram. The particular� are unknown at the present Lime. This
program wikl not be included in the RFP for the resideatial recyclin� pro�ram, �
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IV. Complete the following section for• all ap�licab}e �ctivities � whethe►•
a continuation of existing activities or new activities in 1989:
A. Curbside Collection of reeyclables. Yes x tdo
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(If more thaa one coltector, use a separate sheet; please
provide the same information fvr eaci� collector. )
1. /�ntieipated Start Up Date: 2/�f89
2. Idumber of households to t�e served: 2�(,op+
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3. Frequency of collection: (circle one) (pRIrtA121'}
week l�y= twice nronth ly montM ly other
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4. Containers to be used: Yes x Na
5. Number ofi containers per household: �
6. l�aterials collected (circte all that ap{�ly) :
. news�aa�er mixed paper aluminum steel beverac�e cans
asas a aaa saasesz:az � � .
� � . . . ==ama�aesan�aa xm=�a� �
�i�a�s plastics used ail other (specify)
7. Name of coilector: UNKNat�N
Address:
�. Cost of cotlection: $24,ppp _ �3p,400
�9. Dates of collection contract: 2f118s to r2/3118g '
10. Anticipated participation ]evel : 4oZ initial, 70� finai
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11. Anticipated abatement in 1989: 300 tans per Calendar Year
B. Drop off Centers for Recytlable Materials: Yes x No
1. For each drop-off center piease provide:
a. Operator: Urtxrtowrt
Address:
Costs: per
Start Up Date:
RaystNours of Operatian:
1 -2
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t�laterials Collected:
b. Operatar:
Address:
Costs: pet,
Start Up Date:
�ays/Haurs of Operation:
t�laterials Col�ected:
c. Operator:
Address:
Costs: per
Start Up Oate:
DayslNaurs of Operation:
Materials Collected:
d. Operator:
�ddress:
Costs: per
Start Up Date:
DayslNours of Operation:
Materiais Gollezted:
3. Anticipated abatement from all drap-off centers in
�989: UNKNOWN tOnS per
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C. Multi Family; tomplete this secti+�n onay if a separate E�rvgrafn
1. Describe the manner of coliection:
On-site containers (carts or dumpsters);
Frequency as needed
2. Total number of units serv�d: 300
3. t�lateria1s collected (Gircle all tliat appty)
�"�����'�,�� mixed paper �1,�'11�1�
��,�,��������'���a ��� R 1 a s t i c s
oi 1 otiaer
4. Costs: S45p �er rtonth
5. Anticipated abatement in 193�3: 2o tons
per Calendar Year
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D. Yard Waste Co'lection
1. Antic�pated start up date {must be nv later than August 1,
1989} : 8/1/89 or earlier
Z. Curbside: Yes iVv Taken "Ca: un�ommi,etect
3. Drop off: Yes No Lacation: Uncommitted
Hou rs: l�on't Knny�
4. COS t: a�esl,.
s9.000a.;.� ����
E. Describe the activities you wili undertake to promote and
encourage cor�nercial/industrial recycling (App1e Va11ey,
Burnsville, Eagan, Farmington, Nastir�gs, Inver Grove tleights,
Lakeville, Mendata Neights, Rasemount, South St. Paul, West St,
Paul �ust comple�e this seetionj
The City intends ta negotiate a �eparate program far co�net�cialjindustrial/
institutiar�al recycling. It is envisioned that glass will be tar�etked
at restaurants and Caverns; paper at offices ansi insCitution�; and p�per
and special wastes at industrie�.
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F. Uescribe public educa�ion/prornotional activities that will be
undertakQn in 19a9:
The Cxty intends to initiate the program with newspaper articles and
flyexs. A descriptian of the progrem will. be ineluded With contair��ra
when distributed. The Cfty will evauiet� the pas�i.bility af a r�ndnm
givea�ay to participants� i.�., S1QOfmonth a�t aside in a random drawin,g
for a �articipatin� household. Tti� Cfey is c�nt�m�latin;p, quart�rly
, perticipstion/progres� r�ports kh�t wout�l !�� publisi�ed ac�ci/or meilecl
te► households.
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G. Uescribe your` City's in-hause recycl ing prograin (Ptust be
vperational� by De�ember l, 1g88j.
The City has had separate conLainers in-place in all municipal buildings
for the separation and collection af high grade office paper, newspapec
and pap cans since May, 1988. The Ci.ty also ir�itiated separate containers
itt aIl public parks far trash and cans for the 2988 season. Both programs
wi11 b,� extended into 1989.
��. Describe completely any other abaternent ��rogr•�ms fQr which you
are rer�uesting funding (eg. operation of cc�m��ost site, spcc 'ral
waste handlir�g, househoid bazardous waste collectionj. I�ciude
projected abatement.
No additional iunclin� requests are AtitilCl�?ACf!at Ut1�E�89 �CA[1t18A19 s�l�citecl
in the bid process suggest a re-evaluation of the City's praposed 1989
abatement program.
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V. Work Plan
Dakota County wi11 distribute anY ap{�roved funding in four eq«al
payments, provide�i caranunities meet speci€ied dQvelapment
objectives. Please provide a w�rk i�lan fior devetoping and/ar
implementing the targeted carnnunity program or a camparable program
in 1989. Please highlight the objcctives to be met by thc foitowiny
dates:
0 1�larcl� 15
o June 15
o September 15
MARCH 15: t3ici process complete and curhside collection in operation.
Initiai promotion and educetion compiete. Commercial/Industtial
program in place. 10� �nnual abatemenC goal met.
JUNE 15: Commitments for yard waste dispasal methocl known. 4fl2 annual
abatem�nt goal met.
SEPT. 15: Yard waste disposal method in place. 70� aiinuaT abatement
�oal meC.
DEC. 31: Progratn coneluded. 100� annuai abatement goal met.
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VI. Budget � �
JnN. 1 ,19 89 to Decernt��r 3I , i 9���
Program J�tnount
Administrative Costs:
. Salaries S 5,000
Consultant Fees
' Capital Casts (specify) :
�,oao � � S 27,oao
Residcntial 4peratians � t�laintenance:
Cantracted Services' $ 27,OU0
• Labor - Container Distribution $ 2,OpQ
Equipment Rentai
Space Rental
Utilities
Postage $ 2,400
Printing 1 600
Other' Com�ost Facility .g;�g@
Co�anercial/Industrial Activities:
IO,QOQ S 10,Q00
� Other Proqrams:
Tota 1 : $ 7g�+gt3g°, •
Antici ated R�venue: 3,p�,
���nun�ty a�� $ �,g
Other Funding (specifyj
Requested Funding * $ 69,814
from County:
* Request may not exceed that amount shawn on the Piaximum
Reirr�ursement Schedute.
a-t-abate5
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QS��V t�,� t� FiOSEMOtJNT. MlP1NE!�ClTA 5�itli<P
�ri.��/�� Fa7—..413-�at�
Decembcr 2, t988
Gaylc Prest
Rccycling S�cei:iiist
Qepartment of Plattning �tt Pro�ram M�t.
730U t�Vest ld7th Street, Suite 503
APPIe Valley, MN 5512�i
Dcar Gaylc:
This letEer is to confirm my eartier conversati�a wiih �,ynn
Anderson and yovrseif regardin� the 1989 Landiilt Abatement
Funding Apgiication. Ti�e City of Rosemount no longer
intends to operat� a compost si�e in the Citv. Please revise
the City's applicatian accordingly, 'rnrluding the costs
assaciated �vith this eategory.
Sincerely,
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Dean R. Johnson
Director o[ Community Devedopment
DRJlDQ
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City of Rosemount
_.. Resotut�on 19�8- �o.�
A Resolution Au#hori�ing APplica�jon #o
Dakota Coun#y for Funding tl3e City of Rasernoun#
1989 l.�andfill Abatement Program
WtiEREAS, Dakata C�unty has cstal�lished (;ommuniiy 1_andfitt
Abatement Pro�tram (iuicielines, which ineiucles a fencling aFl�c�iian
and funding apptica�tinn; and
WitEREAS, tMe City of Roscmpuni detires t� ettat+fish a i�ndfill
abatement ptogram, which witl rramcste recycling e��ortunilies in
the cammunity and encourage lancifili at�atement.
NOtiV TifiEREFORE t3E IT RES{1t.Vf,l), 1hc Ci1y Cc�ttncii a� If�c ('iiv
of Rosemvunt approves thc 1489 Lancifitl Ahatcment F�tndin�
Aprlication, autho�izing lhe neeeSsary signatures therc�n �nd its
clisCribution to l�akota Couniy.
Adopted this 1$11i ciay c�f pctohcr, 19R4.
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ATTEST:
R�i11an Hoke, l��ayc�r
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'�Ste�h Jilk, Aclmi ' r�itor/Glerk
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