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HomeMy WebLinkAbout2011-12-28 CC Packet CITY OF CENTERVILLE COUNCIL MEETING AGENDA `°"�' Wednesday, December 28, 2011 6:30 p.m. or shortly thereafter OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign -up sheet and give it to the Mayor or a Staff person by 6:15 p.m. COUNCIL MEETING CALL TO ORDER 1. Roll Call II. PUBLIC HEARING(S) III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. December 14, 2011 City Council Meeting Minutes (Pages 1 -6) 2. December 14, 2011 City Council Work Session Meeting Minutes (Pages 7 -8) V. CONSENT AGENDA 1. City of Centerville December 15, 2011 through December 28, 2011 Claims (Check #26924- 26949) W /Check #26735 Voided (Pages 9 -10) 2. Centennial Police Department Claims through December 22, 2011 (Check #8726 -8747) Page (Page 11) 2. Centennial Fire District Claims through December 16, 2011 (Check #5119- 5140) w /Check #5110 -5119 Payroll (Page 12) 4. Successful Review of Finance Director & Step Increase to Step 5 5. Successful Completion of Year 13 & Review of City Clerk 6. Release of Deed Restrictions, Developers Agreement & Assessment Agreement —' Northern Forest Products (Pages 13 -14) VI. AWARDS /PRESENTATIONS /APPEARANCES VII. OLD BUSINESS 1. Ordinance # #, Second Series Amending Chapter 90, Regulation of Dogs & Other Animals (Pages 15 -25) VIII. NEW BUSINESS 1. Res. #11 -0XX — Authorizing Submission of an Application for CDBG Funding — 1687 Sorel Street & 7089 Centerville Road (Pages 26 -38) 2. Approving Implementation Plan for Phase II of Remote Meter Reading System (Page 39) 3. Adoption of Personnel Policy Amendments (Pages 40 -90) 4. Update Stormwater Management Plan — Stantec Proposal (Pages 91 -92) 5. Approve License for Use of Digital Ortho & Oblique Aerial Photographs w /Anoka County (Pages 93 -97) 6. Approval of Massage Establishment & Massage Therapist Licenses for A Sense of Life & Ms. Lisa Kieselhorst (Page 98) IX. ANNOUNCEMENTS/UPDATES X. ADJOURNMENT * *REMINDERS ** City Hall will be closed on December 26, 2011 in Observance of Christmas City Hall will be closed on January 2, 2012 in Observance of New Years Planning & Zoning Commission Meeting — January 3, 2012, 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting — January 4, 2012, 6:30 p.m. Council Chambers City Council Meeting — January 11, 2012, 6:30 p.m. Council Chambers City Council Meeting — January 25, 2012, 6:30 p.m. Council Chambers Parks & Recreation — Skating/(Hayride, 6 -8:00 p.m.) /Bonfire, Hot Cocoa & Popcorn — January 14, 2012, 6 -9:00 p.m. Laurie LaMotte Memorial Park CITY OF CENTERVILLE CITY COUNCIL MEETING December 14, 2011 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of December 14, 2011, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King 0 Council Member D. Love Council Member Jeff Paar � P. U i1 ABSENT: None STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz Public Works Director Paul Palzer Finance Director Mike Jeziorski I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PUBLIC HEARING(S) 1. 2012 Budget Public Comment Period The Mayor opened the public hearing. III. APPROVAL OF AGENDA The Mayor reviewed the Set Agenda with Council. (Check #26910 -26923 WNoided Check #26801 - Page 6a) Motion by Council Member Love, seconded by Council Member Paar, to approve the Agenda as presented. All in favor. Motion carried unanimously. IV. APPROVAL OF MINUTES 1. November 23, 2011 City Council Meeting Minutes 1 City of Centerville Council Meeting December 14, 2011 Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to approve the November 23, 2011 City Council Meeting Minutes as presented. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1. City of Centerville November 24, 2011 through December 14, 2011 Claims (Check #26879 -26909 & Check #26910 -26923 W/Voided Check #26801) 2. Centennial Lakes Police Department Claims through December 8, 2011 (Check #8688 -8725) 3. Centennial Fire District Claims through December 1, 2011 (Check #5085 -5109) 4. Parks & Rec. Request for Budget for a Minute Taker /Transcriber - $900 /year Commencing 2012 Motion by Council Member King, seconded by Council Member Fehrenbacher, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VI. AWARDS /PRESENTATIONS /APPEARANCES 1. Mr. Greg Kieselhorst, Centerville Lions Request for Associated Permits for 2012 Ice Fishing Contest Mr. Kieselhorst addressed Council and briefly reviewed the associated permits for the 2012 Ice Fishing Contest tentatively scheduled for February 8, 2012 and requested that the associated fees for permits be waived.. Mr. Kieselhorst stated that the contest is scheduled to run from 10:00 a.m. — 2:00 p.m. EAA youth airplane rides are also scheduled and Mr. Kieselhorst suggested registering early. VII. OLD BUSINESS None. VIII. NEW BUSINESS 1. Centerville Lions Ice Fishing Contest — Waiving of Fees a. Special Event Permit Application/DNR Application for Contest/EEA Young Eagles Airplane Rides b. Noise Permit c. Raffle d. Temporary /Event On -Sale Liquor License Motion by Council Member Love, seconded by Council Member Paar, to approve the above permits per Mr. Kieselhorst's request and waiving the associated fees. All in favor. Motion carried unanimously. Page 2 of 6 2 City of Centerville Council Meeting December 14, 2011 2. Res. #11 -029 — Adopting Budget & Tax Levies for 2012 Finance Director Jeziorski reviewed the presented budget, the budget process, levy level remaining the same, and explained the methodology associated with the levy level remaining the same due to the State's elimination of the Market Value Homestead Credit. The Finance Director stated that Council made difficult decisions while balancing the budget including decreasing staff size, continuing pay freezes, utilization of part-time staff, while maintaining expenditures in other areas along with anticipated revenue shortfalls. Mayor Wilharber questioned public input and hearing none. Motion by Council Member Fehrenbacher, seconded by Council Member Love to close the Public Hearing at 7:00 p.m. All in favor. Motion carried unanimously. Motion by Council Member King, seconded by Council Member Fehrenbacher, to approve Res. #11 -029 — Adopting the Budget & Tax Levies for 2012 as presented. All in favor. Motion carried unanimously. 3. 2012 Fee Schedule Administrator Larson stated that a newer version was placed in front of them this evening with minor changes on page 8 and slight language changes made regarding minimum charges for commercial, industrial or institutional building plumbing and mechanical permit fees. Page 10 of 16 "minimum charge for commercial, industrial with a minimum of $40 for Mechanical and Plumbing permits ". Most fees are unchanged from the prior year. Motion by Council Member Love, seconded by Council Member Paar, to Adopt Ordinance #52, Second Series, 2012 Fee Schedule as submitted. All in favor. Motion carried unanimously. 4. Mr. & Mrs. Jeff Hanzal Request for Letter of Credit/Security Reduction — Clearwater Creek Estates * *Tabled from Previous Meeting ** Attorney Glaser stated that he reviewed the Hanzal's Developer's Agreement and Covenants pertaining to the Clearwater Creek Estates as it relates to potential City financial risks, economic downturn, lots sold, obligations of owners and the developer, etc. Attorney Glaser felt that with the presented addendum and the Hanzal's agreement to it, the financial risks to the City would be minimal. Council had concern that other developers currently within the City may request the same action by Council. Attorney Glaser stated that the Hanzal situation is different than most; however, the City would consider similar factors that were used for this agreement for those that presented a request. Administrator Larson stated that with the agreement, the Clearwater Creek Estates security would be reduced to $34,164 and that the City would have a right to Page 3 of 6 3 City of Centerville Council Meeting December 14, 2011 draw on this amount if there was a need. Attorney Glaser prepared an Addendum of Modification Subdivision/Development Agreement and recommended Council approve the document. Motion by Council Member Paar, seconded by Council Member King to approve the reduction in security to for the Clearwater Creek Estate Development to $34,164. All in favor. Motion passed unanimously. Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to approve Addendum of Modification Subdivision/Development Agreement for the Clearwater Creek Estates as presented. All in favor. Motion passed unanimously. 5. Ord. #XX, Second Series, Amending Chapter 90 — Regulation of Dogs & Other Animals — (Request that you Review & Table to Next Meeting) Administrator Larson stated that he desired for Council to review the amended Chapter 90 and table its action until the December 28, 2011 meeting. Administrator Larson reported that the Planning Commission was in favor of the amendment. Administrator Larson stated that the amendment had been prompted by the Centennial Police Department and member cities in an attempt to coordinate the three cities Code requirements and this was over a two year process. Mayor Wilharber suggested that once the amendment was finalized the information should be placed in the City newsletter. Administrator Larson stated that dogs that have been deemed Potentially Dangerous or Dangerous would be registered but no longer require dog and cat licensing; however, regular vaccinations, running at- large, cleaning up of fecal matter and etc. remain requirement of the Code. Motion by Council Member King, seconded by Council Member Fehrenbacher, to table this item unit the December 28, 2011 Council Meeting. All in favor. Motion carried unanimously. All in favor. Motion carried unanimously. 6. Ord. #53, Second Series, Amending Chapter 111 — Allowing Brew Pub On -Sale Intoxicating Liquor or On -Sale 3.2 Percent Malt Liquor Licensing Attorney Glaser stated that this amendment was in response to Council's previous desire to be proactive on offering this option for businesses within the City. Motion by Council Member Paar, seconded by Council Member Love, to adopt Ord. #53, Second Series, Amending Chapter 111 — Allowing Brew Pub On -Sale Intoxicating Liquor or On -Sale 3.2 Percent Malt Liquor Licensing as presented. All in favor. Motion carried unanimously. 7. 2012 Liquor & Tobacco Licensing a. CenterMart — Tobacco b. Corner Express — Tobacco Page 4 of 6 4 City of Centerville Council Meeting December 14, 2011 c. Kelly's Korner — On -Sale, Sunday Liquor & Tobacco d. Wiseguys Pizza On -Sale & Sunday Liquor e. Main Street Liquor Barrel — Off -Sale Liquor & Tobacco f. Platinum Liquor — Off -Sale Liquor & Tobacco g. Trio Inn - On -Sale, Off -Sale, Off -Sale 3.2, Sunday Liquor & Tobacco (Approve w /Conditions) Administrator Larson stated that all licensing is routine, proper documentation has been submitted, fees submitted, utilities and taxes paid. However, the additional licensing requirements for the owner of the Trio Inn has been modified slightly since last year with language clarification for receipt of financial documentation. The applicant is comfortable with the conditions. Council Member Love requested comment from Mr. Montain regarding the requirements and whether he could abide by them. Mr. Montain stated that he agreed to them and felt that he and his accountant could ensure financial documentation as the conditions state. Motion made by Council Member Love, seconded by Council Member Fehrenbacher, to approve the Liquor and Tobacco License Renewals for 2012 for all establishments with the additional conditions being placed on the owner of Trio Inn. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES 1. City Administrator a. Meeting w/Parks & Recreation Committee Administrator Larson stated that he and Mayor Wilharber had met with the Committee on November 29 to discuss staffing concerns. The Committee desired to hire a transcriber with funds from their 2012 budget. Clarification of duties was also discussed with the City Clerk receiving several duties and the Public Works Director receiving others. Administrator Larson felt that it was a productive meeting. Administrator Larson reported that the Planning & Zoning Commission will be reviewing the snowmobile regulations at their next meeting and would like to coordinate rules with neighboring communities. Administrator Larson reported that there are several differences with such items as time restrictions, speed limit requirements, locations for riding and etc. Council concurred that a collaborated effort with neighboring communities would ensure policing efforts are the same and allow riders to be aware of the same requirements entering and exiting each community. Administrator Larson stated that he has been made aware through the collaborative meetings with neighboring communities the City of Lino Lakes has a tree disposal site and they are willing to allow the City to utilize it free of charge. Administrator Larson stated that the City of Columbus is currently seeking a transcriber for their City meetings and it is felt that this individual could be utilized by the City for the Parks and Recreation Page 5 of 6 5 City of Centerville Council Meeting December 14, 2011 meetings. Administrator Larson reported that the City of Lexington desires Building Inspection services from Centerville. Council consensus was that the City should provide the service and acknowledged that a Joint Powers Agreement may be needed for this. Administrator Larson stated that the Fire District is considering offering this service in the future to member cities. Mayor Wilharber passed along Season Greetings to all and reviewed City Hall hours. Mayor Wilharber recess to work session at 7:37 p.m. Following the work session, the council meeting was reconvened at 9:40 p.m. X. CLOSED EXECUTIVE SESSION The Mayor recessed the regular Council Meeting to a Closed Session to discuss labor negotiation strategies for the upcoming 49'ers contract at 9:40 p.m. The City Council of Centerville, Minnesota met in a closed session on Wednesday, December 14, 2011, at 9:40 p.m. in City Hall. Present were Mayor Tom Wilharber, Council members Steve King, Ben Fehrenbacher, D Love and Jeff Paar. Also present were Dallas Larson and City Attorney Kurt Glaser. The purpose of the closed meeting was to discuss employee negotiations. Administrator Larson reviewed a proposal from Union Local 49 on behalf of public works employees which requested contract changes and wage increases in 2012. Council directed the Administrator to share with staff the difficult budget for 2012 noting that staff reductions were made for that reason. Council consensus was that staff pay increases cannot be justified for 2012, but that if a multi -year contract could be negotiated, something might be possible for years subsequent to 2012. The meeting was reopened to the public at 10:05 p.m. Items Discussed During Closed Session- employee contract negotiations. X. ADJOURNMENT Motion made by Council Member Paar, seconded by Council Member Fehrenbacher to adjourn at 10:06 p.m. Motion passed unanimously. Dallas Larson, City Administrator Page 6 of 6 6 DRAFT DRAFT DRAFT City Council 2011 -12 -14 at 7:37 p.m. Minutes of Work Session Present were Mayor Tom Wilharber, Council members Jeff Paar, Steve King, D Love, and Ben Fehrenbacher. Also present were Mark Statz of Stantec, City Attorney Kurt Glaser, Paul Palzer, Public Works Director and Finance Director Mike Jeziorski. Pavement Management P1an/2012 Overlay Project. Council reviewed the pavement management plan and discussed the 2012 street mill and overlay component. Engineer Mark Statz had raised questions of whether the mill and overlay would be sufficient improvement for the streets planned for 2012. When these streets were considered for the 2009 project, a more substantial improvement was proposed. Public Works Director Palzer indicated that he didn't think that continuing the program as contemplated in 2009 is affordable nor in his opinion, give results that are worth the added cost. His plan called for a 2 inch overlay and he believes that will provide a satisfactory solution. Even if the work only lasted half of the expected life, the mill and overlay could be repeated in six or seven years and still be substantially less overall cost than was anticipated in 2009. Council considered the possibility of moving up the 2013 streets while further analysis is done on the 2012 streets. After considerable discussion, the consensus was to delay the first phase of the pavement management plan to 2013. The plan may be accelerated at that time to get the streets back in the time line that was proposed initially. Staff will inspect the streets this spring after the frost is out to determine how to proceed and new recommendations will be presented to Council at that time. New Home Construction Abatement. Council member Fehrenbacher made a presentation showing the possible benefits of offering a tax abatement as an incentive to construct new homes in Centerville. He felt that it may be a good investment if the inventory of available lots can be developed over a much shorter period of time than would occur without the incentive. After considerable discussion the consensus was that the matter deserves more study. Staff will do some additional research for presentation at a future work session. Meter Remote Reader Installation Plan. Council reviewed a recommendation from staff that the city move forward with installing remote reader devices in all homes and businesses in Centerville. Staff suggested a two -year plan such that all homes are done by mid -to -late 2013. This follows the installation of the remote read devices on about 200 homes that was completed this year. After discussion, consensus was to place the recommendation on the next agenda for consideration. CDBG Grant Re- Application to acquire two properties in downtown. Staff reported that Anoka County has invited applications for the 2012 funding cycle for 7 DRAFT DRAFT DRAFT Community Development Block Grant (CDBG) funds. The competitive application would be due in early 2012 for funding later in 2012. Staff asked whether the City should apply for the acquisition of the two properties currently for sale in Block 8. An application was submitted in late 2011 for this, but funding was not available. Consensus was that the matter should be placed on the agenda for consideration of authorizing a grant application. Stormwater Management Plan. Staff reported that the City is required to update its Stormwater Management Plan that was done in 2004. Requirements are being mandated by Rice Creed Watershed District, and it appears that the city must meet their requirements. Stantec submitted a proposal for the update. The estimated cost is about $10,000. Council member Fehrenbacher suggested that the City solicit proposals from other engineers in order to get the lowest cost. Council member Paar suggested that it maybe beneficial to accept the Stantec (formerly Bonestroo) proposal as they did the first plan and are familiar with the city. Consensus was that the matter should be placed on the next Council meeting agenda for a decision. Personnel Policy. Administrator Larson reviewed changes that he is recommending to the city personnel policy. Most changes were minor and included some that were directed by council during the budget cycle. Consensus was that the policy was satisfactory and should be placed on the agenda for approval. The meeting was adjourned at approximately 9:35 p.m. Dallas Larson, Administrator 8 CITY OF CENTERVILLE 12/22/11 10:51 AM Page 1 Check Detail — December 28, 2011 Check Check Date # Vender Name Comments Amount 12/22/2011 000240E IRS /EFTPS PAY PERIOD 26 - SS & MED. PAYROLL TAX W/H $3,044.24 12/22/2011 000240E IRS /EFTPS PAY PERIOD 26 - FED PAYROLL TAX W/H $2,775.36 Check Nbr 000240 IRS /EFTPS $5,819.60 12/22/2011 000241E MINN. DEPT OF REVENUE PAY PERIOD 26 - STATE W/H PAY PERIOD 26 $1,145.25 12/22/2011000242E PERA PERA W/H PAY PERIOD 26 $2,773.75 12/22/2011000243E WELLS FARGO H.S.A. W/H PAY PERIOD 26 $1,281.29 12/15/2011 026924 ANOKA COUNTY B. FEHRENBACHER - LOCAL GOVT. OFFICIALS $25.00 12/28/2011 026925 ANOKA COUNTY QUIT CLAIM DEED - CENTRAL BANK $52.65 12/28/2011 026926 AUTOMATIC SYSTEMS CO. MIXER PUMP REPAIR $308.00 12/28/2011 026927 BAROTT DRILLING SERVICES 1688 SOREL STREET - WELL CAP $580.50 12/28/2011 026928 BUNKER PARK STABLES, INC. 1 -14 -2012 PARK PROGRAM - SKATE NIGHT - BALANCE $550.00 12/28/2011 026929 BURMEISTER, GREG CLASS B & AIR BRAKE LICENCE RENEWAL - $21.00 12/28/2011 026929 BURMEISTER. GREG CLOTHING, BOOT & SAFETY GLASSES REIMBURSEMENT $412.09 Check Nbr 026929 BURMEISTER, GREG $433.09 12/28/2011 026930 BUSINESS FORMS & ACCOUNTING W -2 & 1099 & ENVELOPES $128.78 12/28/2011 026931 CALIFORNIA CONTRACTORS SUPPLIE PIGSKIN DRIVERS GLOVES $287.64 12/28/2011 026932 CARGILL INCORPORATED DEICER SALT ICE CNTRL BLK $1,422.25 12/28/2011 026932 CARGILL INCORPORATED DEICER SALT ICE CNTRL BLK $1,509.51 Check Nbr 026932 CARGILL INCORPORATED $2,931.76 12/28/2011 026933 CENTERMART FUEL 5393.20 12/28/2011 026933 CENTERMART FUEL $320.03 Check Nbr 026933 CENTERMART $713.23 12/28/2011026934 COMCAST HIGH SPEED INTERNET SERV. $16.90 12/28/2011 026935 DELTA DENTAL JAN. 2012 DENTAL INSURANCE $431.15 12/28/2011 026935 DELTA DENTAL COBRA -A., ANDERSON • DENTAL $29.20 12/28/2011 026935 DELTA DENTAL COBRA - K. STEPHAN DENTAL $61.00 Check Nbr 026935 DELTA DENTAL $521.35 12/28/2011026936 H & L MESABI PLOW REPAIR $1,038.64 12/28/2011 026937 HEALTH PARTNERS JANUARY 2012 HEALTH INSURANCE $4,731.30 12/28/2011 026937 HEALTH PARTNERS COBRA A. ANDERSON JANUARY 2012 HEALTH INS. $360.18 Check Nbr 026937 HEALTH PARTNERS $5,091.48 12/28/2011 026938 KANGAS TANK, INC. CHEMICAL ROOM REPAIRS $4,300.00 12/28/2011 026939 MET. COUNCIL ENV. SERV. (SDS) JANUARY 2012 WASTEWATER SERVICES $15,769.71 12/28/2011 026940 METRO TESTING MECHANICAL LLC P.W. BUILDING - BACK FLOW PREVENTOR $310.00 12/28/2011 026941 NATIONWIDE RETIREMENT SOLUTION DEF W/H PAY PERIOD 26 $160.00 12/28/2011 026942 SEH 2011 GIS SERVICES $80.20 12/28/2011 026943 STANTEC CONSULTING SERVICES IN REISSUE CHECK - TE GRANT TRAIL - SERV THRU 9 -22 -11 - $13,511.94 12/28/2011 026943 STANTEC CONSULTING SERVICES IN REISSUE CHECK - DT SOTRM WATER RECLAMAITON - $2,112.00 12/28/2011 026943 STANTEC CONSULTING SERVICES IN REISSUE CHECK - GENERAL - SERV THRU 9 -22 -11 - CK $1,246.80 Check Nbr 026943 STANTEC CONSULTING SERVICES IN $16,870.74 12/28/2011 026944 SUN LIFE INSURANCE COMPANY JAN. 2012 LIFE INSURANCE $50.60 12/28/2011 026944 SUN LIFE INSURANCE COMPANY JAN 2012 DISABILITY INSURANCE $150.06 eck Nbr 026944 SUN LIFE INSURANCE COMPANY $200.66 12/28/2011 026945 SURPLUS SERVICES TOOL CART $10.00 9 CITY OF CENTERVILLE 12/22/11 10:51 AM Page 2 Check Detail — December 28, 2011 Check Check Date # Vender Name Comments Amount 12/28/2011 026946 US BANK' P.PALZER - 2012 ICC CLASS $266.00 12/28/2011 026946 US BANK* 4 X 6 POLYESTER VALLEY FOREGE FLAGS - CORNER $76.40 12/28/2011 026946 US BANK' G. BURMEISTER - CONST. SITE MAINT.. ERIOSN & S215.00 12/28/2011 026946 US BANK' OFFICE SUPPLIES - ADMIN. 576.00 12/28/2011 026946 US BANK* OFFICE SUPPLIES - P.W. 5149.61 12/28/2011 026946 US BANK' ENDICA INTERNET POSTA $9.95 12/28/2011 026946 US BANK' PERFORATED STAINLESS STEEL JET POPCORN SCOOPS $45.98 Check Nbr 026946 US BANK* 5838.94 12/28/2011 026947 VERIZION WIRELESS AIR CARD $12.90 12/28/2011 026947 VERIZION WIRELESS CELL PHONE SERV THRU 12 -9 -11 $37.87 12/28/2011 026947 VERIZION WIRELESS CELL PHONE SERV THRU 12 -9 -11 $37.87 12/28/2011 026947 VERIZION WIRELESS CELL PHONE SERV THRU 12 -9 -11 $37.88 12/28/2011 026947 VERIZION WIRELESS CELL PHONE SERV THRU 12 -9 -11 $138.62 12/28/2011 026947 VERIZION WIRELESS CELL PHONE SERV THRU 12 -9 -11 $37.87 Check Nbr 026947 VERIZION WIRELESS $303.01 12/28/2011026948 WASTE MANAGEMENT RECYCLING INCENTIVE PROGRAM $3,793 23 12/28/2011 026949 XCEL ENERGY 1880 MAIN ST - CITY HALL/FIRE STATION - SERV THRU 12 -5- $393.44 12/28/2011 026949 XCEL ENERGY 7285 MAIN ST - SERV THRU 12-5-11 $55.47 12/28/2011 026949 XCEL ENERGY 1600 LAMOTTE DR - BALLFIELD LIGHTS - SERV THRU 12 -5 -11 $9.98 12/28/2011 026949 XCEL ENERGY 1889 CENTER ST - SEWER LIFT - SERV THRU 12 -5 -11 $16.70 12/28/2011 026949 XCEL ENERGY 7300 MILL RD - SEWER LIFT - SERV THRU 12 -5 -11 $139.55 12/28/2011 026949 XCEL ENERGY 1600 LAMOTTE DR - WARMING HOUSE - SERV THRU 12 -5 -11 $14.07 12/28/2011 026949 XCEL ENERGY 1875 FOX RUN - PUMP - SERV THRU 12 -5 -11 $136.50 12/28/2011 026949 XCEL ENERGY STREET LIGHTS - SERV THRU 12 -5 -11 $2,414.98 12/28/2011 026949 XCEL ENERGY 1880 MAIN ST - SERV THRU 12 -5 -11 $847.71 Check Nbr 026949 XCEL ENERGY $4.028.40 Total Checks $70,363.80 VOIDED CHECK #26735 REPLACE WITH CHECK #26943 NOTE: THERE WILL BE AN UPDATED LIST OF DISBURSEMENTS FOR APPROVAL ON 12- 28 -11. 10 CENTENNIAL LAKES POLICE DEPT Check Register - Police GL without invoice numbers Page: 1 Check Issue Dates: 12/9/2011 - 12/22/2011 Dec 22, 2011 01:41 PM Report Criteria: Report type: Summary GL Check Ck No Description Check Period Issue Date Payee Amount 12/11 12/20/2011 8726 SEARS REFRIG WATER FILTERS 192.78 M 12/11 12/22/2011 8727 ANOKA COUNTY NOV INTERNET ACCESS 338.26 12/11 12/22/2011 8728 BLAUER TACTICAL SYSTEMS INC MCR READY SUIT 1,455.00 12/11 12/22/2011 8729 CENTENNIAL UTILITIES NOV UTILITIES 456.88 12/11 12/22/2011 8730 CENTURY LINK CENTERVILLE PHONE 55.89 12/11 12/22/2011 8731 CONNEXUS ENERGY NOV ELECTRIC 1,754.06 12/11 12/22/2011 8732 DON'S CIRCLE SERVICE, INC VEH REPAIRS & MTC 534.98 12/11 12/22/2011 8733 ENVENTIS TELECOM, INC PHONES /LONG DISTANCE 405.30 12/11 12/22/2011 8734 HOLIDAY FLEET FUEL 3,805.49 12/11 12/22/2011 8735 INTERSTATE ALL BATTERY CENTER BATTERIES 62.30 12/11 12/22/2011 8736 MICHELLE LAKSO CERT HOURS 1,001.00 12/11 12/22/2011 8737 LAW ENFORCEMENT ASSOC. INC. TARGETS 455.45 12/11 12/22/2011 8738 MAIN FLORAL, INC FLOWERS 124.69 12/11 12/22/2011 8739 NEXTEL COMMUNICATIONS CELL PHONE SERVICE 478.47 12/11 12/22/2011 8740 PETERSON COMPANIES, INC DEC SNOW MTC 949.17 12/11 12/22/2011 8741 PETTY CASH / BRITNI AUSTIN SUPPLY 34.19 12/11 12/22/2011 8742 PITNEY BOWES, INC POSTAGE METER RENTAL 73.77 12/11 12/22/2011 8743 QUILL CORPORATION ENVELOPES /COPY PAPER 121.78 12/11 12/22/2011 8744 SAFELITE FULFILLMENT, INC 08 CROWN VICTORIA REPAIR 311.86 12/11 12122/2011 8745 SHRED -N -GO, INC SHREDDING SERVICE 33.00 12/11 12/22/2011 8746 TELECIDE PRODUCTIONS, INC COMPUTER MTC /SUPPORT 19.99 12/11 12/22/2011 8747 WHITE BEAR TOWNSHIP HOLIDAY VEH WASHES 250.00 Grand Totals: 12,914.31 M = Manual Check, V = Void Check 11 • CENTENNIAL FIRE DISTRICT Check Register - FIRE GL Page: 1 Check Issue Dates: 12/3/2011 - 12/16/2011 Dec 16, 2011 03:06PM Report Criteria: Report type: Summary GL Check Check Vendor Description Check Period Issue Date Number Number Payee Amount 12/11 12/16/2011 5120 10600 ANCOM COMMUNICATIONS, IN PAGER EQUIPMENT 1,508.01 12/11 12/16/2011 5121 11565 ASPEN MILLS UNIFORMS 184.85 12/11 12/16/2011 5122 30480 CENTENNIAL UTILITIES NOV STATION 1 UTILITIES 328.27 12/11 12/16/2011 5123 30485 CENTER MART NOV FUEL CHARGES 687.47 12/11 12/16/2011 5124 30490 CENTERPOINT ENERGY NOV STATION 2 GAS 213.56 12/11 12/16/2011 5125 30575 CITY OF CIRCLE PINES 4Trl QTR ACCOUNT@JG SERV 1,783.41 12/11 12/16/2011 5126 31008 COMCAST INTERNET CENTERVILLE STATI 94.00 12/11 12/16/2011 5127 50140 EMERGENCY SUPPORT SERVI SMALL TOOLS 47.88 12/11 12/16/2011 5128 60300 FIRE SAFETY USA, INC SAFETY CONES /BATON/TOOLS 2,103.93 12/11 12/16/2011 5129 70578 GRAINGER BLDG SUPPLIES 691.35 12/11 12/16/2011 5130 120331 LEAGUE OF MN CITIES INS TR MEDICAL DEDUCTIBLE 500.00 12/11 12/16/2011 5131 120450 CITY OF LINO LAKES NOV REIMBURSEMENTS 20,556.37 12/11 12/16/2011 5132 120490 LOFFLER COMPANIES, INC COPIER MTC CONTRACT 167.60 12/11 12/16/2011 5133 130440 METRO FIRE, INC TOOLS /SCBA PARTS 4,774.98 12/11 12/16/2011 5134 160050 PAETEC PHONES STATION 2 148.14 12/11 12/16/2011 5135 160493 PREMIUM WATERS, INC BOTTLED WATER 26.59 12/11 12/16/2011 5136 160670 MN BOARD OF FIREFIGHTER LIC MEMBERSHIPS 225.00 12/11 12)16/2011 5137 180600 CITY OF ROSEVILLE JT POWERS MIS -DEC 655.58 12/11 12)16/2011 5138 220200 VERIZON WIRELESS CELL PHONES 237.42 12/11 12/16/2011 5139 220290 NATHAN VOLLMERS REIMB FOR EMT TEST 70.00 12/11 12/16/2011 5140 240100 XCEL ENERGY ELECTRIC STATION 2 494.58 Grand Totals: 35,498.99 Check #5110 -5119 (Payroll) M = Manual Check, V = Void Check 12 CERTIFICATE OF COMPLETION AND RELEASE OF DEED RESTRICTIONS, DEVELOPERS AGREMEENT AND ASSESSMENT AGREEMENT The undersigned hereby certifies that Northern Forest Products, L.L.C. (the "Developer ") has fully complied with its obligations under Articles III and IV of the document entitled "Contract for Private Development" dated October 24, 1995 and filed with the Anoka County Record's Office on October 25, 1995 as Document No. 1188439 (the "Developers Agreement ") with the construction of the Minimum Improvement in accordance with said Developers Agreement and that the Developer is released and forever discharged from its obligations to construct the Minimum Improvements and all other obligations required of the Developer thereunder and therein contained. Further the undersigned hereby certifies that Northern Forest Products, L.L.C. as the Grantee of that certain "Quit Claim Deed" dated October 24, 1995 and filed on October 25, 1995 as Document No. 1188437 (the "Deed ") conveying real property described as Lot 5, Block 1, Industrial Park according to the recorded plat thereof in Anoka County, Minnesota (the "Property"), has fully complied with its obligations and all the requirements, restrictions and conditions set forth in said Deed and that the Grantee and the Property are released and forever discharged from the obligations reserved to the City, as Grantee, therein contained, including but not limited to the release of the City's right of re -entry described therein with respect to the Property. Further the undersigned hereby certifies that Northern Forest Products, L.L.C. as the Developer of that certain "Assessment Agreement and Assessor Certification" dated October 24, 1995 and filed on October 25, 1995 as Document No. 1188438 (the "Assessment Agreement ") has fully complied with its obligations and all the requirements and conditions set forth in said Assessment Agreement, which has reached its Maturity Date and that the Developer is released and forever discharged from its obligations to the City thereunder. Dated this December _, 2011 CITY OF CENTERVILLE, MINNESOTA By: Its: Mayor By: Its: City Clerk 13 STATE OF MINNESOTA ) ss. COUNTY OF ) The forgoing instrument was acknowledged before me this day of , 20_ by and the Mayor and City Clerk of the City of Centerville Minnesota, a statutory city and municipal corporation under the laws of Minnesota, on behalf of that City. Notary Public This instrument drafted by: Law Offices of Eric T. Olson, P.A. 210 Northridge Office Center 200 West Highway 13 Burnsville, MN 55337 (952) 808 -2688 14 CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA ORDINANCE # SECOND SERIES AN ORDINANCE AMENDING CITY CODE REVISING REGULATION OF DOGS AND OTHER ANIMALS THE CITY COUNCIL OF THE CITY OF CENTERVILLE ORDAINS: Section 1. The City Code Chapter 90 is hereby amended to read as follows: 90.01. DOGS AND OTHER ANIMALS. A. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: Animal means all animals, whether wild or domestic, including but not limited to dogs and cats. Animal control authority means the city, acting through its employees or officials, the police department, or any person or organization appointed by city council for the purpose of enforcing this chapter. Animal Control Officer means all employees of the police and public works departments, or any other person or employee of an organization appointed by the city council for purposes of enforcing this chapter. Animal shelter means any premises designated by the city council for the purpose of impounding or caring for animals held under the authority of this chapter. At large means an animal off the owner's premises and not under the control of the owner, a member of the owner's immediate family, or person in control of the animal either by leash, cord or chain, or similar physical restraint. Farm animals shall mean those animals commonly associated with a farm, ranch or stable or performing work in an agricultural setting. These animals shall include but are not limited to chickens, ducks, geese, horses, cows, sheep, goats, pigs (including,Vietnamese pot - bellied pigs), and llamas. Kennel means any place where four or more dogs over the age of six months are kept, owned, boarded, bred or offered for sale. Owner means a person who harbors, feeds, boards, possesses, keeps or has custody of an animal. Pet shop means any establishment, whether non - profit or for profit, engaged in the business of breeding, buying, selling or boarding animals of any species. Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals. B. Animal licensing/Identification. Animals that are permitted in the city are not required to obtain a license, Page 1 of 11 15 however all dogs over the age of six months shall have an identification tag affixed to a collar which indicates the owner name, address and a contact phone number. C. Licensing Pet Shops & Kennels. Pet shops and kennels shall require a license from the City. It is unlawful to operate a kennel in any residentially zoned district. Pet Shops and kennels are permitted in certain zoning district but require a conditional use permit. D. License validity; fees. Licenses shall be issued as follows: 1. All fees will be established from time to time by ordinance or resolution of the city council. Licenses may be issued at any time during a license period, provided that the fees set forth in this section shall be prorated on the basis of the number of months remaining in any such period.However the, minimum fee shall be no less than the licensing fee for a six month period. For this purpose fifteen days or more shall be construed a full month. Application for license shall be filed on the appropriate forms provided by the city. 2. Kennel licenses. No kennel license may be issued or renewed unless the applicant has a valid conditional use permit for the facility. 3. The commencement and ending period of licenses shall be set out in the ordinance or resolution that establishes fees for such license. Licenses shall be valid for a period of two years. E. Unlawful acts. 1. It is unlawful for any animal to defecate on public property or the private property of another, without the owner or person in control of the animal immediately removing the excrement and disposing of it in a sanitary manner. 2. It is unlawful for any animal to be in or upon any city park, street, sidewalk or trail property unless the owner or person in control of the animal restrains it by a leash or the animal is housed in a portable crate or kennel, and unless the owner or person in control of the animal has a bag or other receptacle for the collection and proper disposal of the animal's excrement in their possession. 3. It is unlawful for any animal to be at large. An owner or person in control of the animal is responsible under this chapter for any animal that is at large. 4. It is unlawful to possess more than three dogs, three cats, or three of any other type of animal or in combination a maximum of four animals over the age of six months to be kept on any property in the city, except in a location where a licensed pet shop or kennel is allowed or other exceptions as specifically set forth in this chapter. 5. It shall be unlawful for any animal to habitually or frequently bark or cry; to frequent school grounds; to chase vehicles; to molest or disturb any person if such person is not on the property of the owner or custodian of such animal; or to molest, defile or destroy any property, public or private. It shall be the obligation and responsibility of the owner or custodian of any animal in the city to prevent such animal from committing any act which constitutes a nuisance. 6. It is unlawful for the owner or person in control of the animal to permit such unsanitary conditions on a premises that the maintenance or keeping of the animal creates a danger to the public health, safety, or welfare or odors are an annoyance to the public in the vicinity. Failure on the part of the owner or custodian to prevent their animal from committing an act of nuisance shall be a violation of this section. Exceptions. The provisions of 1 and 2 do not apply to a guide dog accompanying a blind person, a service Page 2 of 11 16 dog accompanying a disabled person, or a dog engaged in police or rescue activity. F. Seizure of animals. 1. The Animal Control Officer may seize animals for reasons specified in this chapter. The Animal Control Officer shall immediately seize any potentially dangerous animal or dangerous animal if: a. The animal is not validly registered, the owner does not secure proper liability coverage, or the animal is not sterilized within 14 days after the owner is provided notice of the animal's designation; or b. an animal is not otherwise maintained in a manner consistent with an order of the Animal Control Officer. 2. If an owner of a dog is convicted of a crime for which the dog was originally seized, the court may order that the dog be confiscated and destroyed in a proper and humane manner, and that the owner pay the costs incurred in confiscating, confining, and destroying the dog. G. Impoundment; notice to owner; disposition of unclaimed animals. Unrestrained animals may be taken by any officer and impounded in an animal shelter. Impounded animals shall be kept for not less than five days unless reclaimed by their owners. If the owner can be identified by registration, identification tag, or by other means, the Animal Control Officer shall immediately, upon impoundment, notify the owner by telephone, mail or personal contact of such impoundment. Animals not claimed by their owners within five days may be humanely disposed of by any person or agency delegated by the city council to exercise such authority. Any animal which is in the city that has been critically injured may be immediately and humanely euthanized by an Animal Control Officer or by a veterinarian. H. Reclamation; pound fees. Impounded animals may be reclaimed by their owners after payment is made to the city of a pound fee, in addition to boarding and other costs. All fees in the city will be established from time to time by ordinance or resolution of the city council, or such expenses as otherwise set by market rates where establishing fees are not practical. I. Alternative to impoundment; proceedings against owner. Notwithstanding other provisions of this section, if an animal is found at large and its owner can be identified and located, such animal need not be impounded but may, instead, be taken to the owner. In such case, however, proceedings may be taken against the owner for violation of this chapter. J. Female animals in heat. Every female animal in heat shall be confined in a building or other secure enclosure, in such a manner that the female animal cannot come into contact with another animal, except for planned breeding. K. Care of and cruelty to animals. No person shall fail to provide any animal with sufficient food and water, proper shelter and veterinary care when needed. No person shall beat, cruelly treat, torment or otherwise abuse any animal or cause or permit any dogfight, cockfight, bullfight or other combat between animals or between animals and humans. No person shall abandon an animal. L. Quarantine of biting animals. Any animal which bites a person shall be quarantined for such time as may be directed by the city. During quarantine the animal shall be securely confined. At the discretion of the police chief the quarantine may be on the premises of the owner. However, if the police chief requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his own expense, place it in a veterinary hospital. Page 3 of 11 1 7 M. Destruction of animals suspected of being rabid. No person shall kill any animal suspected of being rabid except after the animal has been placed in quarantine and the diagnosis of rabies made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely euthanized. N. Enforcement of section. The city council may from time to time appoint such persons as may be necessary to assist in the enforcement of this section. Such persons shall have limited police powers only necessary for enforcement of this section, and no person shall interfere or obstruct in the exercise of such powers. [Such person may be appointed as a Reserve Officer to the police department for the purpose carrying out the duties set forth in this section.] O. Interference with Animal Control Officer or police officer. No person shall interfere with, hinder or molest any Animal Control Officer or police officer in the performance of any duty, or seek to release any animal in the custody of the Animal Control Officer or police officer except as provided in this chapter. 90.02. - WILD OR DANGEROUS ANIMALS. A. Prohibited species. No person shall harbor, maintain or control any wild, dangerous, or non - domesticated animal within the city. , Such animals shall include, but are not limited to, the following animals: 1. Any animal which possession is prohibited by state or federal law. 2. Any non - domesticated animal or species, including but not limited to the following animals: a. Any non -human member of the family Primate (i.e., monkey). b. Any cat of the family Felidae (i.e., tiger, bobcat), except domesticated cats known as Felis catus. c. Any canine of the family Canidae (i.e., wolf, coyote), except domesticated dogs known as Canis lupus familaris. d. Any canine resulting from crossbreeding with a coyote or wolf. e. Any snake of the family Viperidae (i.e., rattlesnake, cobra), or any snake of the family Boidae (i.e., boa constrictor, python). f, Any carnivorous reptile (i.e, alligator, crocodile, gila monster). g. Any poisonous or stinging insect (i.e., scorpion). h. Any skunk, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against rabies. i. Any raccoon, opossum, porcupine or badger. j. Any bear. 3. Other animals. Any other animal which by its size, vicious nature or other characteristics which are inherently dangerous to human beings; any other animal which is commonly considered wild and not domesticated; or that because of its odors, cries or similar characteristics is not compatible with urban living. 4. Any animal, including dogs known as Canis lupus familaris, that meets the definition of a dangerous animal contained in this chapter and is not otherwise permitted by this chapter. B. Licensing Honey Bees. Notwithstanding other provisions of this chapter, a person may keep honey bee colonies on any premises after first obtaining a license as provided in this subsection. No license shall be issued except in compliance with this section. 1. Lot size shall be a minimum of one -half acre, 2. No more than two honey bee colonies shall be allowed, 3. Hives shall be setback from property lines a minimum of 25 feet, 4. Applicant must document at least 16 hours of training in beekeeping, and Page 4 of 11 18 5. The colony shall be maintained in good order and not be a nuisance to any member of the public. C. Compliance with section. Anyone keeping or maintaining any animal prohibited by this chapter as of January 1, 2012, has 30 days in which to comply with the provisions of this section. Extensions beyond 30 days may be granted by the city council in its sole discretion for animals that have been previously permitted by the city. 90.03 FARM ANIMALS. Farm animals shall only be kept in an agricultural district of the city or on a residential lot of at least ten acres in size, and provided that no animal shelter shall be within 300 feet of an adjoining piece of property. Animal feedlots as defined in MN Rule 7020.03 are prohibited. 90.04 DISEASED ANIMALS- DISEASE CONTROL. A. Keeping of diseased animal. No person shall possess an animal which is diseased such that it is a danger to the health and safety of other persons. Possession of a diseased animal includes but is not limited to personal possession or possession on one's premises. Only a licensed veterinarian may harbor a diseased animal for either medical or treatment purposes. B. Confinement Any animal reasonably suspected of being diseased and presenting a threat to the health and safety of the public may be apprehended and confined as directed by an Animal Control Officer. The officer shall have a qualified veterinarian examine the animal. If the animal is found to be diseased in a manner so as to be a danger to the health and safety of the city, the officer shall cause the animal to be euthanized and shall properly dispose of the remains. Reasonable efforts will be made to notify the owner or keeper of the animal prior to the euthanasia. The owner will be liable to pay the cost of maintaining and disposing of the animal, plus the costs of any veterinarian examinations. C. Release. If the animal, upon examination, is not found to be diseased within the meaning of this section, the animal shall be released to the owner upon payment of the costs associated with the examination. D. Vaccination of animals. No person shall keep any animal over six months of age within the city limits without having obtained a certificate from a qualified veterinarian showing the animal has a current rabies vaccination. The owner may affix a permanent tag to the collar of a dog or cat, which tag shall show the expiration date of the rabies vaccination. The owner may choose not to put a rabies tag on a dog or cat but must be able to prove the animal has a current rabies vaccination by presenting a rabies certificate. 90.05 -90.09 RESERVED 90.10 Dangerous and Potentially Dangerous Animals. A. Definitions. 1. Dangerous Animal. An animal which has: a. Without provocation by a victim, inflicted substantial bodily harm on a human being on public or private property; b. Killed a domestic animal without provocation while off the owner's property; or c. Been found to be potentially dangerous, and after the owner has notice that the animal is potentially dangerous, the animal aggressively bites, attacks or endangers the safety of humans or domestic animals. Page 5 of 11 19 2. Potentially Dangerous Animal. An animal which has: a. When unprovoked by a victim, bites human or domestic animal while on public or private property. b. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the animal owner's property, in an apparent attitude of attack; or c. Has the known propensity, tendency or disposition to attack while unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. 3. Proper Enclosure. Securely confined indoors or in a securely locked pen or structure suitable to prevent the animal from escaping and to provide protection for the animal from the elements. A proper enclosure does not include a porch, patio or any part of a house, garage or other structure that would allow the animal to exit of its own volition or any house or structure in which windows are open or in which door or window screens are the only barriers which prevent the animal from exiting. The enclosure shall not allow the egress of the animal in any manner without human assistance. 4. Provocation. "Provocation" or "provoked" means an act that an adult could reasonably expect may cause an animal to attack or bite. No act by a child that causes an animal attack or bite is provocation under this ordinance. B. Designation as Potentially Dangerous Animal. The Animal Control Officer shall designate any animal as a potentially dangerous animal upon receiving evidence that the animal has committed an act meeting the definition of a "potentially dangerous animal." 1. When an animal is declared potentially dangerous, the Animal Control Officer shall order the immediate imposition of the following conditions: a. The owner of an animal designated as potentially dangerous must have a microchip implanted in the animal for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the Animal Control Officer. If the microchip is not implanted by the owner, it may be implanted by the Animal Control Officer. In either case, all costs related to purchase and implantation of the microchip must be borne by the animal's owner. b. The owner must provide and maintain a proper enclosure for the potentially dangerous animal. c. If the animal is a dog and is outside the proper enclosure the dog must be muzzled, restrained by a substantial chain or leash (not to exceed six feet in length), and under the physical restraint of a person 16 years of age or older. The muzzle must be of a design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration. d. In addition, the owner of an animal declared potentially dangerous shall annually register the animal with the City and be issued a Certificate of Registration stating that the animal is potentially dangerous. The owner shall pay the City the current registration fee as established by ordinance or resolution. Page 6 of 11 20 e. The City may order any additional conditions which it finds just and appropriate to protect public safety and welfare from the dangerous nature of the animal. C. Designation as Dangerous Animal. The Animal Control Officer shall designate any animal as a dangerous animal upon receiving evidence that the animal has, committed an act meeting the definition of a "dangerous animal." 1. Authority to Order Destruction. The Animal Control Officer, upon determining that an animal is dangerous hereunder, is authorized to order the destruction of animal. An order for destruction can only occur if one or more of the following acts occurred: a. The animal is dangerous as demonstrated by vicious attack, an unprovoked attack, an attack without warning, attack with multiple bites, or multiple attacks, or where more than one animal participated in the attack; or b. The owner of the animal has demonstrated an inability or unwillingness to control the animal in order to prevent injury to persons or other animals. 2. Dangerous Animal Registration Requirements. If the Animal Control Officer does not order the destruction of an animal that has been declared dangerous, an order for the following conditions shall be immediately imposed: a. That the owner provides and maintains a proper enclosure for the dangerous animal; b. Post the front and the rear of the premises with clearly visible warning signs, including a warning symbol to inform children that there is a dangerous animal on the property; c. Provide and show proof annually of public liability insurance in the minimum amount of $300,000.00; d. If the animal is a dog and is outside the proper enclosure, the dog must be muzzled, restrained by a substantial chain or leash (not to exceed six feet in length), and under the physical restraint of a person 16 years of age or older. The muzzle must be of a design as to prevent the dog from biting any person or animal, but will not cause injury to the dog or interfere with its vision or respiration; e. The animal must have an easily identifiable, standardized tag, identifying the animal as dangerous, affixed to its collar at all times; f. The owner of an animal designated as dangerous must have a microchip implanted in the animal for identification, and the name of the microchip manufacturer and identification number of the microchip must be provided to the Animal Control Officer. If the microchip is not implanted by the owner, it may be implanted by the Animal Control Officer. In either case, all costs related to purchase and implantation of the microchip must be borne by the animal's owner; g. An owner of a dangerous animal must renew the registration of the animal annually until the animal is deceased. If the animal is removed from the jurisdiction, it must be registered as a dangerous animal in its new jurisdiction; Page 7 of 11 21 h. An owner of a dangerous animal shall sterilize the animal at the owner's expense. If the owner does not have the animal sterilized within 30 days, the animal control authority shall seize the animal and have it sterilized at the owner's expense; and i. The City may order any additional conditions which it fords just and appropriate to protect public safety and welfare from the dangerous nature of the animal. D. Procedure For Animal Designation. The Animal Control Officer, after having made fmdings, designations, or issued orders under this ordinance shall proceed as follows. 1. The Animal Control Officer shall cause one owner of the animal to be notified in writing or in person of any findings, designations or orders relating to the animal. This notice shall contain a statement of reasons describing the facts used to make a designation or order by the Animal Control Officer. The notice shall also describe the owner's right of appeal to the City. Written notice shall be sent by certified mail to the last known address of the owner as determined by animal license records or the location of an attack. If no owner can be ascertained, the animal shall be destroyed. 2. An owner shall be given fourteen (14) days to appeal a designation or order by requesting a hearing before the City Council. If no appeal is filed within the requisite time period, the designation or order issued against the animal will stand and shall remain in effect for the life of the animal. 3. If an owner timely files an appeal from a designation or order of the Animal Control Officer, the hearing shall be held before the City Council which shall set a date for the hearing not more than three weeks after demand for the hearing. The City Council may delegate this hearing to be heard before a designated hearing officer. The records of the Animal Control Officer or any government agency shall be admissible for consideration during the hearing without further foundation. A copy of these records shall be made available to the owner at least one week before the hearing. The City shall notify any victim of an attack by the animal of the hearing date and time. 4. During the hearing, a fording by the Animal Control Officer shall be presumed correct but is subject to review. After considering the evidence and statements of the parties, the City Council or hearing officer shall make findings of fact on issues properly before it on appeal, and may sustain, modify or rescind a designation or order made by the Animal Control Officer. 5. Where appropriate to effectuate an order of the Animal Control Officer appealed to the City, the City Council or hearing officer may order the Animal Control Officer to immediately take the animal into custody pending the outcome of the appeal. After appeal, if the animal is ordered into custody for destruction, the owner shall immediately make the animal available to the Animal Control Officer, and at the owners request and expense, destruction shall be stayed for fourteen days. 6. No person shall harbor an animal after it has been found to be dangerous and ordered into custody for destruction. 7. The animal owner shall bear all of the costs of these proceedings, board and care for an animal taken into custody, and other related expenses incurred by the City. E. Exemptions to Animal Designation. Animals may not be declared potentially dangerous or dangerous if the threat, injury, or damage was sustained by a person: Page 8 of 11 22 1. Who was committing, at the time, a willful trespass or other tort upon the premises occupied by the owner of the animal; 2. Who was provoking, tormenting, abusing, or assaulting the animal or who can be shown to have repeatedly, in the past, provoked, tormented, abused, or assaulted the animal; or 3. Who was committing or attempting to commit a crime. F. Rental Property - Disclosure Required. A person who owns a potentially dangerous animal or a dangerous animal, and will reside in rental property must disclose whether such an animal will be kept on the premises for any period of time. The animal owner must notify the rental property owner that a designated animal will be kept on the premises and shall also disclose all conditions imposed by the City related to that designation. This disclosure must occur immediately upon an animal designation imposed by the City, or before the animal owner enters into a lease or begins residing at such a premises. Proof of this disclosure must occur before the owner's animal registration with the City will be granted or renewed. G. Stopping an Attack. If any police officer or Animal Control Officer is witness to an attack by an animal upon a person or another animal, the officer may take whatever means the officer deems appropriate to bring the attack to an end and prevent further injury to a victim. H. Notification of New Address. The owner of an animal which has been identified as dangerous or potentially dangerous shall notify the Animal Control Officer in writing if the animal dies or is to be relocated from its current address or given or sold to another person. The notification shall be given in writing within 30 days of the death or at least 14 days prior to the relocation or transfer of ownership. The notification shall include the current owner's name and address, the relocation address and the name of the new owner, if any. I. Animals Transported Into The City. No person shall bring into the City an animal which has previously been declared by another jurisdiction to be dangerous. No person shall bring into the City an animal which has previously been declared by another jurisdiction to be potentially dangerous, without first securing a permit from the City to register the animal. The City may seize and destroy, at the owner's expense, any animal brought into the City in violation of this provision. J. Attack By An Animal. It shall be deemed an unlawful act by any animal owner in the event their animal inflicts or attempts to inflict bodily injury upon any person or other animal. The owner is held strictly liable for the actions of its animal whether or not the owner is present. This section shall not apply to an attack by a dog under the control of an on -duty law enforcement officer or to an attack upon an uninvited intruder who has entered the owner's home. K. Dangerous Animal or Potentially Dangerous Animal, Designation Review. In accordance with State law, beginning six (6) months after an animal is declared a potentially dangerous animal or dangerous animal; an owner may annually request that the animal control authority review the designation. The owner must provide evidence that the animal's behavior has changed due to the animal's age, neutering, environment, completion of obedience training that includes modification of aggressive behavior, or other factors. If the animal control authority finds sufficient evidence that the animal's behavior has changed, the authority may rescind designation or modify the conditions of an order imposing conditions related to a designation. The request shall be considered m the same manner as an appeal from designation of the Animal Control Officer. 90.11 SUMMARY DESTRUCTION. Page 9 of 11 23 Whenever an Animal Control Officer or police officer determines that any animal presents an immediate threat to the safety of any person, after making reasonable attempt to impound the animal, the officer is hereby authorized to destroy the animal in the interests of public safety. 90.12 -90.89 RESERVED 90.90 Civil Actions. In addition to the other remedies and penalties provided in this chapter, city officials, after approval of the city council, are authorized to file appropriate civil actions for a temporary restraining order, temporary injunction or permanent injunction against any person violating this section. These civil remedies and penalties do not bar criminal prosecution. 90.97 Applicability. Nothing in this chapter is intended to supersede state law, or the specific requirements found in Minnesota Chapter 347.50 to 347.56. It is the intention of the city to more precisely regulate dangerous animals. 90.98 Penalty for Violation. Any person who shall violate the provisions of this chapter shall be guilty of a misdemeanor, with two exceptions: a. License violations shall be charged as a petty misdemeanor if the violator has no similar offenses in the preceding three months. b. Provisions of this chapter governing potential dangerous animals and dangerous animals shall be guilty of a misdemeanor unless otherwise specified as a gross misdemeanor under State law. 90.99 Continuing Violations. Each day on which the violation continues shall constitute a separate violation. Section 2: Effective Date: This ordinance shall be effective immediately upon its passage and publication of the attached summary according to law. SECTION 3. Summary for Publication. The attached "Exhibit A" entitled Summary of Ordinance Second Series, is hereby adopted and is hereby ordered to be published in the official paper. PASSED AND DULY ADOPTED this day of , 2011 by the City Council of the City of Centerville. Tom Wilharber, Mayor ATTEST: Teresa Bender, City Clerk Page 10 of 11 24 EXHIBIT A Summary of Ordinance , Second Series Notice is hereby given, that on , 2011, Ordinance Number , Second Series, entitled "AN ORDINANCE AMENDING CITY CODE REVISING REGULATION OF DOGS AND OTHER ANIMALS" was adopted by the City Council of Centerville, Minnesota. Notice is further given that due to the lengthy nature of the ordinance, the City Council has directed that this title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd. 4. Notice is further given that a complete printed copy of the ordinance is available for inspection by any person during normal business hours of the City Clerk, 1880 Main St., Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429 -3232. Notice is further given that the general purpose of the ordinance is to amend the code to revise regulation of dogs and other animals. Section 1. This section contains the text of a revised Chapter 90. 90.01 Dogs and Other Animals A. Contains Definitions B. Provides that animals are not generally required to be licensed. C. Requires licensing of pet shops and kennels. D. Provides for fees to be charged. E. Specifies unlawful acts. F. -O Allows seizure, quarantine and impoundment of certain animals 90.02 Wild or Dangerous Animals A. Prohibits certain species of animals from being kept in the city. B. Regulates keeping of honeybees. 90.03 Restrictss keeping of farm animals to large parcels. 90.04 Regulates keeping of diseased animals and requires certain vaccinations. 90.10 Provides the means of identifying and regulating dangerous and potentially dangerous animals. Section 2. This section provides that the effective date shall be upon publication of this summary. Notice is further given that the Council has by a 4/5 vote approved this public notice on the day of , 2011. Teresa Bender, City Clerk Published in the Citizen on , 2011. Page 11 of 11 25 RESOLUTION #11 -0 RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT WHEREAS, Anoka County receives an entitlement of Community Development Block Grant funding (CDBG), and WHEREAS, Anoka County is soliciting projects qualifying for use of such grant funding, and WHEREAS, the City desires to use a portion of the CDBG funding to acquire certain properties in the downtown redevelopment project area. NOW, THEREFORE IT IS HEREBY RESOLVED, that the Council of the City of Centerville, authorizes the submission of an application for Community Development Block Grant Funds through Anoka County and the Mayor and Administrator are hereby authorized to execute necessary documents to facilitate the grant. PASSED AND ADOPTED by the City Council the 28th day of December, 2011. Tom Wilharber, Mayor Attest: Teresa Bender, City Clerk 26 Community Development Block Grant ' ANOKA _ :fig _ COUNTY 3itProject Application Please complete the following Public Service application. An Application Guide is available with directions on completing the application, submission details, and contact information for questions regarding the application. The application must not exceed 20 pages. General Information Program Title: Property Acquisition and Demolition Applicant Organization /Agency: City of Centerville Type of Organization XI Local Government n Anoka County Department: n Public Agency H For - Profit Organization Faith -Based Organization n Non - Profit Organization n Institution of Higher Education Contact Person: Mike Jeziorski Title: Finance Director Anoka County CDBG Application 27 Address: 1880 Main Street • City: Centerville State: MN Zip: 55038 Address program will operate from (if different from Agency Address) Phone: 651- 429 -3232 Email* mjeziorski @centervillemn.com *Meeting notices will be sent by email only. Fax: 651 - 429 -8629 Project Information Project Address: 1687 Sorel Street, Centerville, MN 55038 and 7089 Centerville Road, Centerville, MN 55038 Project Service Area: Does the total project cost, reflected below in "Funding Request," account for federal prevailing wages? (Reference the Application Guide for information on federal wage laws) El Yes n No This project will be completed in: I 16 months N 12 months Lf 18 months 41-717 Anoka County CDBG Application 28 Project Activity 01 (Select the HUD activity listed in the Application Guide that best fits this project; example: 030 Fire Station) If this is a phased project, can this phase stand alone? ® Yes 1 No Will CDBG funding be used to leverage additional funding? n Yes 1X1No 'Funding Request Amount ($) of CDBG Request $ 190,000.00 Amount ($) of Community or Agency's Resources $ 0.00 Amount ($) from Other Sources $ 0.00 Total Program Costs ($) $ 'Program Narrative Program Description To eliminate slum and blight. Describe the need and urgency for the proposed project. What are the consequences if the project is not funded? This area that the two structures lie is a key area within the City and has been pegged for future re- development. The City would like to acquire these parcels when they have a willing seller and when the market is at an all time low. Describe the organization's fiscal management including financial reporting and recording keeping. The City of Centerville has a full time Accounting Clerk and Finance Director that work to ensure all accounting entries are completed and reconciled on a timely basis. The governing body is provided with monthly financial statements. Furthermore, the City has an annual audit that ensures compliance to all governmental accounting standards. Is there a fiscal agent other than the applicant? n Yes ® No Performance Measurement Standards (Definitions located in the Guide) Objective - SELECT ONE ® Suitable Living Environments Decent Housing n Economic Opportunity Anoka County CDBG Application j 29 Outcome - SELECT ONE ® Availability / Accessibility • ❑ Affordability n Sustainability Infrastructure Does this project involve infrastructure? f] Yes ® No If the project application is requesting assistance for water /sewer improvements, street improvements, or other infrastructure, answer the following questions: 1. Identify the urgency of the improvement. 2. Is the improvement included in the city /town improvement plan? 3. What circumstances led to the need for federal assistance? Slum /Blight Removal (National Objective) 'Mlit Does this project meet the Slum /Blight Removal national objective? ®Yes ❑ No If this project is for slum /blight removal, verification must be made in order to assure that a CDBG- funded activity meets the national objective regarding slums and blight. Verification for this project falls within one of the following categories: ® Elimination of Slums and Blight Area Basis (SBA) ® Elimination of Slums and Blight Spot Basis (SBS) Describe /identify the site location or boundaries. Indicate the percent of building or public improvements that were deteriorated when the project was designated as slum /blight, and the year of designation: % designated in (year) Public Improvement /Type of Condition: Describe the conditions that qualify the project as slum or blight. Benefit to Low and Moderate Income People (National Objective) Does this project meet the Benefit to Low and Moderate Income People national objective? n Yes _ No Identify how the project will meet the Low /Moderate Income national objective. Carefully review the following activity definitions in the Application Guide before selecting an option. ❑ Low /Moderate Income Employment (LME) ❑ Low /Moderate Income Clientele (LMC) ❑ Low /Moderate Income Area Benefit (LMA) - Required: project /service area map Anoka County CDBG Application t _.� - -- - -- Pp 30 E Low /Moderate Income Housing (LMH) ❑ Single- family housing ❑ Multi- family housing Will the program serve 100% of clientele from the following categories? Select all that apply: ❑ Abused children ❑ Battered spouses ❑ Elderly (62 years +)* ❑ Illiterate Adults ❑ Migrant Farm Workers ❑ Persons with AIDS n Homeless Persons n Severely Disabled* *HUD definition in Application Guide Housing Activities Is this project for a housing activity? [1] Yes ®No *AII housing activities will be considered for HOME funds before the use of CDBG Type of Housing: 1 Single family n Townhome n 2 - 3 - or 4 -plex n Single -Room Occupancy Multi- family n Other: Tenancy: Owner- occupied Renter- occupied Income Level of Clients ❑ 0 - 30% Area Median Income 1 131-50% Area Median Income n 51 -80% Area Median Income Benefit to Homeless n Not applicable Homeless individuals n Homeless families Non - Homeless Special Need Population Served: _ Elderly (62 years 4-) Alcohol /drug abuse n Developmentally disabled n Physical disability n Severe mental illness Victims of domestic violence 1 1 HIV /AIDS Anoka County CDBG Application 31 Total Number of Units Overall in Project Number Occupied: 41110 Number Vacant: Special Categories: (Continued on next page) ❑ Section 504 accessible ❑ Occupied by elderly (62 +) 0 Designated for persons with HIV /AIDS ❑ Brought into compliance with lead -based paint rules ❑ Qualify as Energy Star standards ❑ Brought from substandard to standard ❑ Designated for chronically homeless ;Acquisition, Rehabilitation, Demolition, Clearance, and Conversion., Type of Land Single- or Multi- Family Housing n Farm land and structures ❑ Vacant land; free from any structures 1 1 Business, commercial, or industrial Site Control Indicate the status of the project site and attach documentation (lease agreement, purchase option, or property deed): Applicant owns property: Date acquired Li Lease: Expiration date El Option to purchase: Expiration date n Other: Describe 3_ v _ _ _ Anoka County CDBG Application 32 N C v, Q L i Q) C L= + . . 1 u1 al 411 0 aJ L o CJ I 1 .t f0 C C L O ° ' �F C 0 s. E r+. o o co > ra 3 at a, 0 E!'1' fc) C O GJ t O u co 4./ + ' +' u ° O CU L a1 y o 7 C +-' o Q . 0 >, O E cs o z O o > 4' CO '0 L cm oA U ++ (1) 4- O 'p •}, Z C C Y p ° C C1 U CU C L c tn «r a o ;, 4J �, CO o o n u VI c 4.•1 .2 E u a ° c v .� u v o_ a) t 1 cu �. 0 ,� 3 n a )' v a L ._ w ° c.) o o C7 ❑ o �L 0 to •> a a m c L v -0 0 CO fa+L, c v in r 0 M > a L 3 o E o -0 ›••• �' fl 0 o o O O c O E C E L O U M o ' x r = C c 2 c cu o Z.. 0. E co 10 C u C O tv a1 N ' L CU 0 0 IP VI f0 U Y fa C E C C a, N ++ C Cl. C O CT o +' aJ O ° O . � C7 `� al a E y L ++ Q ° a L- N c 2 •> > R o -o ° o ° E 3 - Q- ft, so V, +• a) CO ° CO o C a rri p .-T is �n a) G O. O 0. O. -0 O 0 CU C C V . v L . + ' 4 j 4 3 C) .F. a, I- co ap C L z o n co R a, ° c :°_ n E E O 0 N N O L a> >. +•' C y o • ca p O J ai -' o ,c ii, C 4) 4 - >- 0. L C CO u 5 -p H �" c a+ ++ a) 0 El l- L 'C 0 03 u n� .> `_ ^ O 1/3 of Q O C O 3 E 5_o = 3 co C p w L C` C) L f0 0 v r.. a O r.. v c W 0- Z p -- Q T y L V ° ° C p 4-• Z c C Z cu a t �, ... Q o o V c w 4) 3 c o a o o o o ® a Q) O c >- Z co �^ a Z i o C! O d co L u M 4 ° 4 ° ° C co > v ill IL_ VI w E OD❑® C C) w. t 3 C 7 C® � ® C ® � i `, ° 09 L �+ V f0 Q r a) _ ›- Q al .4- } E _ _ cc, Q d }} Z 0 d O N in E H 715 0 Iv = Q O a D E® Q ! C • Cf L L C = . 0 U C 1 N ice+ 'C N Q C S C (g W . O O Z LL Other Does the project: • Include repair, rehabilitation, or conversion of existing building /facilities? n Yes M No • Involve new construction, acquisition of undeveloped land or any construction that requires ground disturbance? El Yes ®No • Conflict of Interest As an applicant requesting funding, will any of your employees, agents, consultants, officers, or elected officials meet any of the following conflicts of interest: [� YesL No Participate in the decision making process for the approval of this application? (Le., an Anoka County Commissioner or HRA Trustee) n YesN No Have a financial interest or reap a financial benefit from this activity? ❑ Yes No Have an interest in any contract, subcontract, or agreement with respect to this application either for themselves or those with whom they have family or business ties during the program year and for one year thereafter? Project Beneficiaries Select the type of beneficiaries this project will address and the number of expected accomplishments. Area or Spot designation • n Households - Enter # households n People - Enter # unduplicated people ❑ Businesses - Enter # businesses n Housing Units - Enter # units n Jobs - Enter # jobs U Public Facilities - Enter # facilities ❑ Demolition /clearance - Enter # units n Planning: Outline the community benefit in a brief narrative. Use of Contractors, Consultants In accordance with federal regulations, CDBG funds may not be used to directly or indirectly employ, award contracts to, or otherwise engage the services or any contractor or Subrecipient during any period of debarment, suspension, or placement of ineligibility status. Will you hire a contractor or consultant? n Yes n No If yes, complete the following information: 1. Name of consultant /firm and owner: 3 Anoka County CDBG Application 34 2. How were they selected? 3. Is the consultant /firm already under contract with your organization? Yes n No 4. Is this consultant /firm a women or minority owned business? E Yes fl No If you are unable to complete this section at the time of application, all contracts must be reviewed for debarment before a CDBG release of funds. Contact Anoka County as soon as possible with the information. Data Collection Describe the process for collecting beneficiary data, including who will collect it and how the data will be controlled to eliminate duplicated data. Budget Narrative Consult the Application Guide for requirements on this section. The budget proposal is in an Excel document available on our Web site; a hard copy of the budget in that form must be submitted with this proposal. 1687 Sorel Street = $129,000 7089 Centerville Road = $30,000 Demolition Costs for both parcels = $30,000 Appraisal for Both parcels = $1,000 Section 3 Requirements Attach the following documents: n Acknowledgement of receipt of Anoka County Section Plan 2010 (available at http: / /ww2.anokacounty.us /v3 cd /doing- business /Section3.aspx - download and read the Section 3 Plan, acknowledgement is last page of Plan) Section 3 Action Plan (available at http: / /ww2.anokacounty.us /v3 cd /doing- business/Section3Forms.aspx ) Required Documentation The following documents are required to be attached to the final application submission. 7 Resolution of governing body requesting grant or board minutes approving submission of application 7 Supporting documentation (survey results, census data, etc.) n State and Federal Tax Exemption Determination letter - 501(c)(3) Nonprofit n List of Board of Directors /Council or Trustees Timeline or schedule of project milestones n Building /area information and photographs Li Appraisals Anoka County CDBG Application �) 35 ❑ Phase Level Environmental Report n Map or sketch of project area ❑ Professional certification, analysis of feasibility and /or cost estimate • ❑ Letters of support/Project commitment letters ❑ Acknowledgement of receipt of Anoka County Section Plan 2010 (1 Section 3 Action Plan n Budget proposal — using the Excel document provided on the Web site A copy of the applicant's 2010 Audit, Management & Compliance Report and a Certificate of Liability insurance will be required before the Subrecipient Agreement can be completed. • ( i i_ : _ Anoka County CDBG Application 36 Certification 1 hereby acknowledge that by applying for CDBG funds, this activity may require compliance in the following areas: • • Utilization of minority and women contractors • Labor Standards provisions (Davis -Bacon Act) • Uniform Relocation Act and Section 104(d) • Section 3 • Environmental Regulations • Flood Insurance • Lead -Based Paint Assessment and /or Remediation or Abatement • Debarred, suspended and ineligible contractors and subrecipients • Handicapped accessibility • Title VI of the Civil Rights Act of 1964 • Title VIII of the Civil Rights Act of 1969 - Fair Housing Act DUNS #: 113481704 If not disclosed on this application the DUNS number will be required upon the finalization of the Subrecipient Agreement. I certify that the information contained in this application is true and correct and that it contains no misrepresentations, falsifications, intentional omissions, or concealment of material facts and that the information given is true and complete to the best of my knowledge and belief. I further certify that no contracts have been awarded, funds committed or construction begun on the proposed program, and that none will be prior to issuance of a Release of Funds by the program Administrator. Signature of Authorized Official Name of Authorized Official Mike Jeziorski Title Finance Director Anoka County CDBG Application I I 37 1 f :t er lire 1880 mom sYrert, Centava, 10155038 Established 185 651 -429 -3232 or T'aX 651429 -8629 December 8, 2011 To Mayor and Council: Re: Meter Reading System Last spring the Council authorized the installation of the new remote water reading system on the first portion of homes and businesses in Centerville. Those installations are complete and operational. Staff would like to move forward with the next two phases of meter read installations, such that the entire city is operational by the end of 2013. This will automate the reading process and no longer require someone to walk from house to house to secure meter reads. Costs would continue to be paid from the Water Fund. Estimated cost for the meter devices is about $65,000 for each of the two phases. Staff will install them during the next several months between other work priorities. Seasonal staff may also be trained to install the devices. In 2012 we will install the remote readers in homes south of Main Street. In 2013, the work will shift north of Main in order to complete the balance of the city. Dallas Larson, City Administrator 39 -- 12 -9 -2011 CITY OF CENTERVILLE PERSONNEL POLICIES Successful public relations are a very important element in every City Employee's job. It is important to be considerate, pleasant, prompt and brief in all dealings with the citizens of the City of Centerville. The impression we make over the phone or in person, whether good or bad, will be the one that the citizen will remember. It is the mission of the City of Centerville to provide the highest quality service to Centerville residents and taxpayers in the most effective, efficient manner possible. Proper adherence by all City Employees to these policies will help attain that goal. 1. PURPOSE AND APPLICATION 1.1 Purpose General The information in these personnel policies serve only as a general reference to the City of Centerville's current policies and procedures. None of these rules and policies constitutes a contract between the employee and the City. These rules and policies are not a guarantee of continued or future employment or intended to alter the employment at will relationship in any manner. Employees have the right, with appropriate notice, to terminate their employment at any time, for any reason or no reason, and the City retains a similar right, subject to any statutory or constitutional restrictions placed upon it as a public employer. If at any time there is a difference between a statement in these documents and source material, such as plan documents, the source material that is current at that time will take precedence. 1.2 Scope Application: This personnel policy applies to all City of Centerville Employees, except the following: A) Elected officials; B) Consultants rendering professional service; C) Members of City Boards, Commissions, and Committees (this Subsection applies only to non - employee members of these City Boards, Commissions and Committees); D) Volunteers; E) Persons engaged under a specific employment contract. Collective Bargaining: All Employees covered by a collective bargaining agreement entered into in accordance with the Public Employers Labor Relations Act, Minnesota Statutes §179.61 — 179.77, and §179A.01 — 179A.25 shall be exempt from any of these provisions which directly conflict with the language in the bargaining agreement. Page 1 of 51 Adopted , 2011 40 12 -9 -2011 1.3 Authority Rights: The City reserves the right to operate and manage its affairs in all respects in accordance with existing and future laws and regulations. These rights shall specifically include, but not be limited to, the right to adopt, amend, repeal, interpret or terminate the personnel policy and work rules without prior notice. The City reserves the right to make these changes retroactive or prospective. Amendments shall be effective the day of adoption unless a different date is specified. The City further reserves the right to make reasonable variations from this policy where the City Council determines that a strict and literal application of the policy would cause an undue hardship on the City, its Employees, or an individual Employee. Interpretation: The City Administrator shall make initial interpretation of these policies or decision on items not covered within these policies and such interpretation will be binding unless modified or overturned by the City Council. This policy supersedes any prior policies, representations or understandings and shall be subject to all applicable State and federal Laws, as well as City Ordinances. 1.4 Equal Opportunity Employer Non - Discrimination: The City of Centerville strives to provide full and equal opportunities for every person in all areas related to employment, training, promotion and compensation. No individual shall be discriminated against with respect to compensation, terms, conditions or other privileges of employment because of race, color, creed, religion, gender, age, national origin, sexual orientation, marital status, veteran status, public assistance status, disability, or to any other group or class against which discrimination is prohibited by State or federal law. 2. DEFINITIONS The following words and terms shall have the meaning as defined herein, unless the context indicates otherwise. Absent Without Leave: Any absence of an Employee from duty including any absence for a single day or part of a day that is not authorized by a specific leave of absence or time off under the provisions of this policy. Anniversary Date: The month and day of initial hiring or promotion of a regular full -time or regular part -time Employee. Appointing Authority: The City Council or City Officer to whom the Council has delegated authority to appoint personnel. Benefits: Privileges or other compensation granted to Employees in the form of leaves of absence, insurance, or pay received in lieu of accrued leave upon termination of employment. City: The City of Centerville. Page 2 of 51 Adopted , 2011 41 12 -9 -2011 City Administrator: The City Administrator of the City of Centerville. City Council: The City Council of the City of Centerville. Compensatory Time: For exempt Employees, the same amount of time off work as the employee has overtime hours worked. For non - exempt Employees, time off work at one - and- one -half times the number of overtime hours worked. Demotion: The change of an Employee's status to a position of having a lower pay range, rank or grade, and /or lesser responsibility than previously held. Department: A branch of City administration with responsibility for one or several assigned functions. Department Head: The supervisor of a department. Employee - Exempt: An Employee not covered by the overtime provisions of the federal Fair Labor Standards Act. Employee - Intermittent: An at -will Employee who works occasionally or on -call for an indefinite time, under the same terms and conditions as a temporary Employee. Employee - Full-Time: An at -will Employee working at least 32 hours per week, who has successfully completed a required probationary period, and serves in a position funded in the approved City budget for a given fiscal year. Employee - Non - Exempt: An Employee covered by the overtime provisions of the federal Fair Labor Standards Act. Employee - Part -Time: An at -will Employee working less than 32 hours per week, who has successfully completed the required probationary period and who is not eligible for benefits, other than those mandated by state or federal law. Employee - Regular: An at -will Employee who has successfully completed all stages of the selection process including the training period and /or probationary period. Employee - Seasonal: A full-time or part -time at -will Employee whose appointment is limited to a specific season of the year and is employed under the same terms and conditions as a temporary Employee. Employee - Temporary: A full -time or part -time Employee who serves in a position on a temporary basis where no benefit eligibility exists and no credit is given for seniority. Employer - The City of Centerville. Hours Worked: Includes all hours that the Employee actually performs duties that benefit the City, including: rest periods or breaks, meetings, training programs, travel between work sites on a work day, time spent performing duties after hours or on weekends due to emergencies (call backs) and any time performing duties outside the normal shift, even if it is not "authorized." Page 3 of 51 Adopted , 2011 42 12 -9 -2011 Job Classification: A group of positions sufficiently alike in duties, qualifications, authority and responsibility to warrant the same job title, grade and pay schedule for all positions in the group. Job Description: The written description of a job containing a title, a statement of duties, authority and responsibilities of the job, and the qualifications and experience deemed necessary and /or desirable for the satisfactory performance of the duties of the job. Lay -Off: The separation of an Employee from employment due to elimination of a position; lack of funds or other reason determined by the City Council. Performance Report: A review of an Employee's performance by the supervisor to communicate an Employee's strengths or deficiencies, as well as expectations for improvement. Position: A specific job, calling for the performance of certain duties and having certain responsibilities. Probationary Period: A period of time at the beginning of employment (or the beginning period of a promotion, transfer) that is designed as a trial period. The probationary period is also considered a training period and is the last part of the selection process. Promotion: An advance in position from one classification or grade to a higher classification or grade. Resignation: Employment termination initiated by the Employee who chooses to leave the employment voluntarily. Transfer: A movement of an Employee from one job class or position to another of comparable class and pay range. 3. ORGANIZATION 3.1 Personnel Files Employment File: The City Administrator or designee shall maintain a separate employment file for each Employee. Each file shall contain a record of each classification of each position the Employee has held with the City and shall also contain a record of all personnel action regarding the Employee including examination records, performance reports, disciplinary proceedings, demotions, promotions, salary changes and any other document relevant to City employment. 3.2 Job Description General: The City will maintain a written description of each job containing a title, a statement of duties, authority and responsibilities of the position, and the experience and qualifications deemed necessary and /or desirable for the satisfactory performance of the duties of the position. These descriptions will normally be Page 4 of 51 Adopted , 2011 43 12 -9 -2011 updated periodically, as duties or assignments change, or at the discretion of the City Administrator. 3.3 Assignment of Work Responsibility: Assignment of work duties and scheduling work is the responsibility of the Department Head. It is recognized that jobs may change over time to respond to the changing needs of the organization. 3.4 Classification of Job Duties Responsibility: The classification of job duties, establishment of minimum qualifications, and the maintenance of job descriptions and related records shall be the responsibility of the City Administrator or designee. Salary Range: Each job description shall be assigned a salary range based upon, but not limited to, the following factors: A) An evaluation of the knowledge, accountability, problem solving, abilities and working conditions of the position; B) The duties and rates of pay for other job classifications, whether comparable or not; C) The prevailing rates of pay for comparable positions in both public and private employment in the appropriate labor market; Financial and fiscal policies and considerations of the City, and other pertinent economic factors. Approval: Each fiscal year, the City Council shall review the pay plan and make changes it determines are necessary. The City Council may modify salary ranges at any time. The City Council shall adopt hourly rates of pay for all positions not covered by the classification and pay plan. Reclassification: Whenever a job has changed sufficiently so that it no longer fits the description, the City Administrator or designee shall make recommendation to the City Council regarding the appropriate action which could involve: reclassifying the job to another existing job class; creating a new job class, updating the job description, restructuring the job to fit an established or proposed class, or other action as deemed appropriate. 4. APPOINTMENTS 4.1 Vacancies General: Vacant positions that the City Council chooses to fill_will be filled on the basis of a regular or temporary appointment and may be made on a full -time or part- time basis. Page 5 of 51 Adopted , 2011 44 12 -9 -2011 Procedure: Vacancies may be filled by promotion of an existing qualified employee or filled by hiring from outside as determined by the City Council.. Evaluation Method: Applicant qualifications will be evaluated in one or more of the following ways: a rating of experience and training, a written test, an oral test or interview, a performance or demonstrative test, or other appropriate job - related exam. 4.2 Job Posting Internal Posting: Position vacancies for regular full-time and regular part-time positions will be posted on the official City bulletin boards in City Hall and the Public Works building in addition to, or in lieu of advertising externally. The posting will specify the title, starting salary or range, the nature of the work to be performed, how to apply, the closing date for receiving applications, and other pertinent information. 4.3 Recruitment and Selection Recruitment: The City Administrator or designee is responsible to manage the recruitment process to assure compliance with federal and state laws as well as City of Centerville practices. This includes approving all job postings, advertisements, placing of job advertisements, addendums to the application and other recruitment materials. The City Administrator or designee will meet with the appropriate supervisor to determine the best methods for recruiting. All appointments shall be made on the basis of merit and fitness for the position. Merit and fitness may be determined by written, oral and /or other job - relevant examination, as well as by consideration of education, past experience and other job - relevant qualifications. Announcement: When the City recruits a position externally, the position will be advertised in selected newspapers, periodicals, newsletters and /or through direct mailings at least ten (10) days in advance of the deadline for application. Application Form: Applicants for initial hire or promotion must normally submit written application materials setting forth their qualifications and such other information as may be pertinent and required by the City. Unless otherwise stipulated by the City Administrator, applications will not be considered complete without the inclusion of a signed, official City of Centerville employment application form. Application Review: The City Administrator and /or the supervisor shall review all applications and conduct job - relevant background reviews screening all applications to determine candidate qualifications. Initial interviews may be conducted of the applicants whose qualifications are best - suited for the position. Any applicant not meeting minimum qualifications required for the position shall be rejected for further consideration. Page 6of51 Adopted , 2011 45 12 -9 -2011 Examination: If an examination is required for a position, the examination shall be administered by the City Administrator or his /her designee at a time and place established by the same. Upon receipt of the examination results, the City Administrator or his /her designee shall notify each person taking the examination, in writing, of the results of the examination. Examination scores will be adjusted in accordance with the provisions of the Veterans Preference Act where applicable. Disqualification of Application: An applicant may be rejected at any time if the applicant fails to respond at any stage of the selection process. 4.4 Appointment Authority Regular. The City Council is the Appointment Authority for the City of Centerville and will make all full-time appointments, based upon the recommendation of the City Administrator. The City Administrator shall submit a hiring recommendation based on the interview results of eligible candidates to the City Council. Other: Appointments to budgeted part-time, seasonal, intermittent, and temporary positions may be delegated to the City Administrator. 4.5 Temporary Appointments General: If necessary to prevent interruption of service or inconvenience to the public, the City Council may approve temporary appointments. A temporary appointment may be made for a specified period of time or may be open- ended. When the appointment is open- ended, the City Administrator shall determine the ending date based on needs of the City, subject to Council approval. Temporary appointments will normally be of duration of six months or less. Extension of this maximum time period may be made on an exception basis if warranted by the needs of the City and approved by the City Council. Appointees to temporary positions will not be entitled to benefits. 4.6 Pre - Employment Medical Exams Applicability: The City may determine that a pre - employment medical examination is necessary to determine fitness for any City position. Where a medical examination is required, the offer of employment shall be made contingent upon successful completion of the medical exam. If the City determines that pre - employment medical exams will be required, they shall be required of all candidates who are conditionally offered employment for a given job class. Confidentiality: The information obtained during the medical exam shall be treated in the same manner as for confidential medical records under the Minnesota Data Practices Act and HIPAA regulations. Exam: A licensed physician designated by the Employer shall conduct the exam. The physician conducting the exam shall be provided with a description of the duties and responsibilities and other pertinent information about the position. The City Page 7 of 51 Adopted , 2011 46 12- 9-2011 shall pay the cost of the exam. The physician shall notify the City Administrator whether or not a candidate is medically able to perform the job. Notification of Results: The City Administrator shall inform the candidates of the results of their examination. If a candidate is rejected for employment based on the results, he or she shall be notified of this determination and may request further explanation from the physician. 4.7 Employment of Minors General: Employment of minors will be limited to the ages and conditions as provided by the federal Fair Labor Standards Act (FLSA) and, where more restrictive, State child labor laws. 4.8 Union Representation Labor Relations Act: Relations between the City and its organized Employees are guided by the Public Employment Labor Relations Act (PELRA) of 1971, as amended. A copy will be made available for Employees upon request. Joining a union is not required for employment. However, under the Act, the Union may require individuals in a represented bargaining unit who are not members of the Union to contribute a "fair share fee." 4.9 Probationary Appointments Purpose: The probationary period is an integral part of the selection process and shall be utilized for observing an Employee's work and for training the Employee in the work expectations, for assessing the Employee's abilities, skills, and interest, and for rejecting any Employee whose performance does not meet the required work standards. The first six (6) months of employment shall be considered an Employee's probationary period except for exempt employees which shall be twelve (12) months. Duration: Probationary periods apply to new hires, transfers, promotions and rehires. The Council, under special circumstances, may extend the probationary period up to a maximum of six (6) additional months. Termination during Probationary Appointment: The City Council, or the City Administrator with approval of the City Council, may terminate an Employee anytime, for any reason, during that Employee's probationary period. The Employee so terminated shall be notified in writing of the reasons for the termination and shall not have the right to appeal unless he or she is a veteran, in which case the procedure prescribed in Minnesota Statute §197.46 shall be followed. Nothing in this Personnel Policy shall be construed to imply that after completion of the probationary period, an Employee has any vested interest or property right of City employment. Page 8 of 51 Adopted , 2011 47 12 -9 -2011 Demotion: Employees terminated during a probationary period from a position to which they were transferred or promoted may be reinstated to a position in the class from which they were transferred or promoted, upon approval of the appointing authority. If a position in that class is not open, the Employee may be placed on leave of absence of up to twelve months without pay until such time as an appropriate position is available. If no position is available within twelve months, the option to reinstate shall be expired. Completion of Probation Period: A performance evaluation will be completed and reviewed with the Employee before the end of the probationary period. The City Administrator will notify the Council as to whether the Employee's performance has been satisfactory or not, and whether the employment relationship should be continued. City Administrator: In the case of the City Administrator, the Council will evaluate the Employee and determine whether or not to continue the employment relationship. The evaluation of the City Administrator shall be in writing on a performance review form. Notification: If the notification indicates the Employee has successfully completed the probationary period and employment will be continued, the Employee will become a regular Employee within the meaning of this policy. The Employee's length of service will be computed from the date of hire for the purpose of calculating the term of probationary period. 4.10 Background Investigation Upon the request of the City Administrator, the police department shall provide certain criminal history data contained in the Minnesota Criminal Justice Information System. The data to be provided must only be about finalists for City positions of employment. The City Administrator must obtain the consent of the finalists before requesting the data, but an applicant's failure to provide consent may disqualify the applicant from the prospective position. 5. EMPLOYMENT STATUS CHANGES 5.1 Reclassification General: A recommendation for an Employee to receive a reclassification will be made on the basis of the job's content, resulting from significant changes in the kind, difficulty, and /or responsibility of the work performed in the position. A reclassification may warrant an increase or decrease in salary range. The City Council must review all reclassification recommendations made by the City Administrator. Reclassification will be approved only by the City Council. Page 9 of 51 Adopted , 2011 48 12 -9 -2011 5.2 Promotion General: Vacancies may be filled by promotion of present Employees who meet the requirements established for the classification, when the City Council determines that a promotion is in the best interest of the City. 5.3 Demotion General: An Employee may be demoted if found unsuited for the present position but may be expected to perform satisfactorily in a position of having a lower pay range, rank or grade, and /or lesser responsibility than previously held. An Employee may also be demoted if his /her position has been abolished or reclassified and he /she cannot be transferred to a position of equal pay for which they are qualified and suited. 5.4 Reduction of Workforce General: If it is necessary to reduce personnel, temporary Employees and those serving a probationary period in affected job classes will be separated before regular Employees. Within each of these groups, the selection of Employees to be retained shall be based on merit and ability as determined by the City Administrator, subject to Council Approval. Lay -off: The City may lay off any Employee whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position, er because of changes in organization or other reason determined by the City Council. Two weeks advance written notice of the lay -off shall be given when the need for the layoff is foreseeable. An Employee may be transferred to another position if the City Council determines that such Employee is qualified and a position is available. When a lay -off occurs in a job classification in which more than one Employee serves, qualification and job performance as determined and applied by the City Council shall be the basis for determining which Employees are laid -off unless otherwise required by law. Not Disciplinary Action: The suspension and dismissal procedures outlined in Section 17, Discipline, of these policies shall not apply to separation covered by reduction in force. 6. COMPENSATION AND WORK HOURS 6.1 General Policy Wages: All Employees of the City shall be compensated according to wage schedules or salaries as determined annually by the City Council upon the recommendation of the City Administrator. The Council may change or modify the wages or salary of any job class at any time for budget reasons. Starting Wage: Initial appointments to full-time positions will normally be made at the adopted wage for the applicable job class. Exceptions may be made to the Page 10 of 51 Adopted , 2011 49 12- 9-2011 starting rate at the discretion of the City Council, based on additional education, training, qualifications and /or experience above that normally required for the position. 6.2 Pay Periods Bi- weekly: Employees shall be paid by check, on alternate Thursdays. The pay received by an Employee will be for the hours worked during the pay period plus any holidays, compensatory time, overtime, and PTO taken during the period. 6.3 Work Hours General: All Employees are expected to perform their regular work duties when required to do so by their supervisor, including situations where the workday or workweek requires additional hours or different hours from that normally scheduled. The City Administrator may also adjust normal work weeks and days for the positions that require the exercise of duties and responsibilities outside of normal hours (for example, the need to attend City Council meetings). Timeliness: It is expected that all Employees will report to work on time, use their available hours to the best advantage, and leave only after the regular work hours are completed. The City Administrator may also adjust normal work weeks and days for the positions that require the exercise of duties and responsibilities outside of normal hours (for example, the need to attend City Council meetings). Full -Time Work Week Defined: The regularly scheduled work week for full-time, non - supervisory Employees is eight (8) hours per day and forty (40) hours per week, with the regular work week defined as Monday through Friday, 7:30 a.m. to 4:00 p.m., including rest periods. The City Administrator may also adjust normal work weeks and days for the positions that require the exercise of duties and responsibilities outside of normal hours (for example, the need to attend City Council meetings). Part -Time Work Week Defined: The regularly scheduled work week for part - time, non - supervisory Employees is less than thirty—two (32) hours per week, including rest periods. Flexible work schedules will be allowed on a case by case basis as approved by the City Administrator. The City Administrator may also adjust normal work weeks and days for the positions that require the exercise of duties and responsibilities outside of normal hours (for example, the need to attend City Council meetings). 6.4 Work Breaks Meal Break: Employees working eight or more consecutive hours will be scheduled an unpaid meal break of one -half hour. Rest Break: When working under conditions where the use of a rest break is practical, Employees will be allowed to take a fifteen - minute break approximately Page 11 of 51 Adopted , 2011 50 12 -9 -2011 midway through each four -hour shift. The time of the break is subject to the approval of the supervisor. Unused rest breaks may not be accumulated, nor may they be used for any purpose other than a mid -shift rest period. Unused rest breaks may not be used to leave work early. 6.5 Job Sharing General: Job sharing will be considered on an individual basis at an Employee's request. Arrangement should be made with the immediate supervisor. Any agreement between an Employee and supervisor is subject to approval by the Council. 6.6 Overtime /Compensatory Time General: The City of Centerville has established this overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. The City Administrator will determine whether each Employee is designated as "exempt" or "non- exempt" from earning overtime. In general, Employees in executive, administrative, and professional job classes are exempt; all others are non - exempt. Non - Exempt Employees: All overtime - eligible Employees will be compensated at the rate of time and one -half (1 for all hours worked over 40 in one workweek. Personal leave and paid holidays will count toward "hours worked." Compensation will take the form of either overtime pay or compensatory time. Compensatory time is paid time off at the rate of one and one -half (11/2) off for each hour of overtime worked. Workweek: The workweek is Monday morning from 12:00 a.m. to Sunday evening at 11:59 p.m. Approval: The Employee's supervisor must approve overtime hours in advance. An Employee who works overtime without prior approval may be subject to disciplinary action. Pre - authorization may be presumed by Employees in emergency situations such as excess snowfall, flood, severe storms, water main breaks, lift station malfunctions, or other similar situations where the immediate response of staff is required to avert endangerment of life, home or property. In the event of an emergency situation, the City Administrator shall be notified immediately. Compensatory Time: Overtime earned will be paid at the rate of time and one -half on the next regularly scheduled payroll date, unless the Employee and the Department Head mutually agree in advance the overtime will be banked as compensatory time in lieu of payment. This advance agreement can take the form of the Employee indicating on his /her timesheet that he /she would prefer to receive compensatory time rather than paid overtime for the overtime hours worked on that payroll period. Accumulation: The maximum compensatory time accumulation is forty (40) hours unless a higher amount is established by the City Council. Page 12 of 51 Adopted , 2011 51 12 -9 -2011 Use of Compensatory Time: Employees may request and use compensatory time off in the same manner as other leave requests. Supervisors shall normally grant such requests, even if another Employee must be called in to cover the hours, unless it causes a serious disruption in business operations. Exempt Employees: Exempt Employees are expected to work whatever hours are necessary in order to meet the performance expectations outlined by their supervisors. Generally, to meet these expectations, and for reasons of public accountability, an exempt Employee will need to work forty (40) or more hours per week. Exempt Employees do not receive extra pay for the hours worked over forty (40) in one workweek. Salary Basis: Exempt Employees are paid on a salary basis. This means they receive a predetermined amount of pay each pay period and are not paid by the hour. Their pay does not vary based on the quality or quantity of work performed, and they receive their full salary for any day in which any work is performed. The City will only make deductions from the weekly salary of an exempt Employee in the following situations: A) The Employee is in a position that does not earn personal leave and is absent for a day or more for personal reasons other than sickness or accident. B) The Employee is in a position that earns personal leave, receives a short term disability benefit or workers' compensation wage loss benefits, and is absent for a full day due to sickness or disability, but he /she is either not yet qualified to use the paid leave or he /she has exhausted all of his /her paid leave. C) The Employee is absent for a full workweek and, for whatever reason, the absence is not charged to paid leave (for example, a situation where the Employee has exhausted all of his /her paid leave or a situation where the Employee does not earn paid leave.) D) The very first workweek or the very last workweek of employment with the City in which the Employee does not work a full week. In this case, the City will prorate the Employee's salary based on the time actually worked. E) The Employee is in a position that earns paid leave and is absent for a partial day due to personal reasons, illness or injury, but: • Paid leave has not been requested or has been denied; • Paid leave is exhausted; • The Employee has specifically requested unpaid leave. F) The Employee is suspended without pay for a full day or more for disciplinary reasons for violations of any written policy that is applied to all Employees. G) The Employee takes unpaid leave under the Family and Medical Leave Act (FMLA). Page 13 of 51 Adopted , 2011 52 II 12 -9 -2011 H) The City may for budget reasons implement a voluntary or involuntary unpaid leave program and, under this program, make deductions from the weekly salary of an exempt Employee. In this case, the Employee will be treated as non- exempt for any workweek in which the budget - related deductions are made. I) The City will not make deductions from pay due to exempt Employees being absent for jury duty, attendance as a witness, or temporary military leave, but will require the Employee to pay back to the City any amounts received by the Employee as jury fees, witness fees, or military pay. If the City inadvertently makes an improper deduction to the weekly salary of an exempt Employee, the City will reimburse the Employee and make appropriate changes to comply in the future. Requirement to Work Overtime: Generally overtime should be avoided; however, all Employees, in all departments, are required to work overtime as requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their Employees when assigning overtime work. 6.7 Outside Employment General: Employees must devote all work time to City business. Work time describes the entire workday as scheduled. No work relating to outside employment or other non -City business may be performed during work time. Conflict of Interest: Outside employment may not present a conflict of interest, or in any way jeopardize the welfare of the City. Performance: Outside employment shall not interfere with an Employee's proper performance of City duties. Employees are required to be available at all times for emergency or overtime work as needed. With the exception of overtime work, Employees should be able to report to work refreshed and ready for work. Contracts with City: Employees are prohibited from working for any contractor or company that has a contract with the City during the period of time in which work is being done for the City. Supplies: No Employee shall accept employment that requires the use of City equipment, facilities or material. Compensation: No Employee shall accept pay or compensation from anyone for work done during time being reimbursed by the City. Employees who are volunteer firefighters shall: A) Make up time lost due to emergency calls; or Page 14 of 51 Adopted , 2011 53 12 -9 -2011 B) Use accumulated personnel leave or other leave for such calls, or pay the City any earnings received as a volunteer for such calls. C) Unless authorized otherwise, only one Employee from a single department, may respond to an initial fire call. Questionable Situations: Any doubtful case or problem should be taken up with • the City Administrator if it may involve a conflict of interest. 6.8 Unauthorized Absences General: Employees may not be absent from duty without permission from their supervisor. Any Employee absent from duty without leave or permission will be subject to disciplinary action up to and including dismissal. Unauthorized absence from work may be considered a resignation without notice and not in good standing. 6.9 Solicitation General: Solicitation by Employees for any purpose is prohibited during the working time of the Employee who is soliciting and the Employee being solicited. This shall include canvassing, collection of funds, pledges, taking orders or subscriptions, circulation of petitions, solicitation of memberships or any similar type of activity. Distribution of literature by Employees including handbills, leaflets, circulars or other similar material is prohibited at any time in any working area. 7. HOLIDAYS 7.1 General Eligibility: Regular full-time Employees are eligible for the paid holidays as listed below. Part -time, seasonal and temporary Employees will not be eligible for holiday pay. 7.2 Holidays New Year's Day January 1 Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Fourth Friday Friday after Thanksgiving Christmas Day December 25 Floating Holiday Date to be pre- approved. Page 15 of 51 Adopted , 2011 54 12 -9 -2011 Sunday /Saturday Holidays: If a holiday falls on a Sunday, the following day will be the observed holiday. If a holiday falls on a Saturday, the preceding day will be the observed holiday. Floating Holiday: Each Employee gets one floating holiday per year and it may be taken at the request of the Employee, with prior approval of the Employee's supervisor. Floating holiday may be taken during the probationary period. An unused floating holiday shall be forfeited and may not be carried over to the next payroll year nor paid as severance. 7.3 Holiday Pay Worked: An Employee required to work on a holiday shall be paid at the rate of one and one -half (1 1 /2) times the Employee's rate of pay for any hours worked on the holiday. All regular full -time employees shall receive eight hours pay for the holiday. Not Worked: An Employee not scheduled to work on holidays will be compensated at the normal hourly rate. On Leave: Holidays occurring during an Employee's PTO or funeral leave will be considered a holiday and the Employee's leave bank will not be charged for PTO or funeral on that day. 8. PERSONAL TIME OFF (PTO) - LEAVE WITH PAY 8.1 General Eligibility: Full-time Employees who have worked for the City for at least six months are eligible to accrue annual Personal Time Off leave (PTO) from the date the Employee is hired. PTO will be available for use as it is accrued according to the schedule below. 8.2 Accrual Rate of Accrual: Full-time Employees shall earn PTO leave at the following rates. Years of Service PTO Earned 0 through 5 years 6.77 hours per pay period 6 through 10 years 8.31 hours per pay period 11 through 15 years 9.85 hours per pay period 16 through 20 years 11.38 hours per pay period After 20 years 12.92 hours per pay period Accrual While Using: Employees using earned PTO shall be considered to be working for the purpose of accumulating additional PTO. Page 16 of 51 Adopted , 2011 55 12 -9 -2011 8.3 Requirements Usage: Personal Time Off (PTO) Leave may be used as earned, subject to approval by the Department Supervisor or City Administrator. PTO may be taken in increments of one hour or more. Up to a maximum of 208 hours of accrued PTO may be carried over to the next year. Procedure: To be eligible for PTO leave with pay, an Employee shall report as soon as possible to his or her Department Head the need to take personal leave and its estimated duration. Requests to use PTO shall be received at least twenty -four hours in advance of the requested time off. This notice may be waived at the discretion of the City Administrator. Pay -Out of PTO Leave: The rate of PTO pay will be the Employee's regular rate of pay in effect at the time of PTO request. In the event of termination in good standing, all earned PTO will be paid at the Employee's regular rate of pay. Use of PTO Leave during a Holiday: Holidays occurring during an Employee's PTO leave will be considered a holiday and the Employee will not be charged for PTO on that day. Coordination of PTO Leave with Family and Medical Leave: In order to allow coordination of Personal Time Off leave with Family and Medical Leave, Employees seeking to take PTO may be required to provide enough information about the purpose of the leave to allow a determination of whether the leave will also qualify for Family and Medical leave. Waiver of PTO Leave Prohibited: No Employee is permitted to waive personal leave for the purpose of receiving double compensation. Workers' Compensation: Employees are covered by workers' compensation laws and regulations of the State. In the event an Employee is disabled and is entitled to workers' compensation, the Employee will keep any workers' compensation payments received and will be eligible to receive a bi- weekly pay check equal to one - third (1/3) of the Employee's regular pay through the use of personal leave benefits. In addition, the Employee will be entitled to insurance benefits during a workers' compensation leave for a maximum term of six months. Employees receiving such workers' compensation will be considered working for the purpose of accumulating additional personal leave benefits for a maximum term of six months. Unused PTO Leave Pay: Any unused Personal Time Off leave may be paid out at termination, subject to the following rules and regulations: (A) The Employee must be in good standing and give proper notice of termination in the case of resignation. (B) Qualifying Employees shall receive pay for all of their unused PTO accumulated at the time of termination. Page 17 of 51 Adopted , 2011 56 12 -9 -2011 (C) For non - bargaining unit employees, unused PTO at termination shall be paid into an employee's Health Care Savings Plan. See Appendix A for details. 8.4 Donation of Personal Leave General: With the expressed written approval of the City Council, City Employees may donate accrued PTO in one -hour increments to fellow Employees experiencing extended time off due to a serious medical problem or condition and who have no accumulated PTO or compensatory time. The use of this donated personal leave must be approved by the Department Head and the City Administrator and will be converted to the receiving Employee's hourly rate. This subdivision does not apply to part-time, temporary or seasonal positions. The donation of personal leave from one Employee to another shall be subject to the additional following terms and conditions. (A) A written request to donate personal leave must be made to the City Council via the City Administrator. (B) The City Administrator shall have the right to deny use of donated personal leave or limit its use in the best interests of the City. 9. LEAVES OF ABSENCE 9.1 Unpaid Leave General: The City Administrator may authorize an unpaid leave of absence for up to ten (10) days. Unpaid leaves of absence for greater periods must be authorized by the City Council. Decisions on unpaid leave of absence requests will normally take into consideration the Employee's performance, length of service and the general interest of the City. No Employee benefits will be earned by an Employee while on unpaid leave of absence and an Employee will not accrue or be paid holiday pay or PTO leave while on leave of absence. Leave of absence hours will not count toward seniority and all accrued PTO must normally be used before an unpaid leave of absence will be approved. 9.2 Medical Leave General: Full-time employees may take of to six (6) weeks of unpaid leave for reasons relating to family and medical care. Eligible Uses: Eligible Employees can take up to six (6) workweeks of unpaid leave during a twelve (12) month period to care for a newborn or newly adopted child or newly - placed foster child; care for a spouse, son, daughter or parent with a serious health condition; or care for themselves during a serious health condition. A serious health condition is defined as: (A) An illness, injury, impairment or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider for three (3) or more consecutive days; Page 18 of 51 Adopted , 2011 57 12 -9 -2011 (B) Any period of incapacity because of pregnancy or prenatal care; (C) Any period of incapacity because of a chronic, serious condition; (D) Any period of absence to receive multiple treatments by health care providers for reconstructive surgery after an accident or injury, or for a condition that would likely result in a period of incapacity of more than three (3) consecutive days if left untreated. Medical Certification: The City may require the Employee to document the need for the leave by providing a certification issued by a health care provider. The Employee will be allowed fifteen (15) calendar days to obtain the certification. Intermittent /Reduced Schedule Leave: Employees may take leave on an intermittent basis or work a reduced schedule under certain circumstances and subject to City Council review and approval. Substitution of Paid Leave: Employees may choose to use accrued paid leave to cover some or all of the leave taken. Job Restoration: When an Employee returns from medical leave, the City will restore the Employee's original job or an equivalent job unless the Employee's job was eliminated during the leave. In this instance, the employee will be treated as laid off pursuant to Section 5.4. Health Benefits: The City will keep the Employee on its health insurance coverage, including family coverage, but will not continue to pay the City's share of the coverage. The Employee must pay the entire premium. The City may cancel coverage if the Employee's premium payment is more than thirty (30) days late and the City has given the Employee written notice at least 15 days in advance advising that coverage is going to be canceled if the premium is not received. Other Benefits: Other benefits, including cash payments chosen by the Employee instead of group health insurance coverage will not be maintained during periods of unpaid medical leave. No Employee benefits will be earned by an Employee while on unpaid leave of absence and an Employee will not accrue PTO leave or be paid holiday pay while on leave of absence 9.3 Military Leave General: Minnesota Statutes, 5 192.26 — 192.261 provide that an Employee of a municipality who is a member of the National Guard, the Naval Militia, the Officer's Reserve Corps, the Naval Reserve, the Marine Corps, or any other reserve component of the military or naval forces of the United States, is entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the time such Employee is engaged in training or active service, not exceeding a total of fifteen (15) days in any calendar year. Page 19 of 51 Adopted , 2011 58 12 -9 -2011 Conditions: The leave of absence is only in the event the Employee returns to employment immediately upon being relieved from military or naval service, or is prevented from returning by physical or mental disability or other cause not the fault of the Employee, or is required by the proper authority to continue in military or naval service beyond the fifteen (15) day period allowed for the paid leave of absence. Notice Requirements: Notice will be given to the City at least fifteen (15) working days in advance of the requested leave. Notice may be waived under certain circumstances. Active Duty: In accordance with State law, the Employee will be granted an unpaid leave of absence when called into active duty. If an Employee has not yet used his /her fifteen (15) days of paid leave when called to active duty, use of any unused paid time will be allowed prior to the unpaid leave of absence. Benefits: Eligibility for continuation of insurance coverage will be in accordance with the Uniformed Services Employment & Reemployment Rights Act of 1994 (USERRA). The Employee and dependents have the right to eighteen (18) months of continuation coverage. When the Employee returns to work, the Employee and any dependents may re -enroll in the City's insurance plan without any pre - existing condition limitations or waiting periods that might otherwise apply to a new Employee, whether or not the Employee or their dependents chose to continue coverage during military leave. The leave of absence will not be considered work time for purposes of PTO accrual. Status upon Return: Returning reservists have the right to return to their jobs or to another job of similar seniority, status, and pay upon completion of active duty in accordance with M.S. 192.261, Subd. 2 and 38 U.S.C. § 2021 and 2024. If the Employee chooses not to return to work for the City, federal COBRA and /or Minnesota Continuation laws would apply. 9.4 Jury Duty General: Regular Employees may be absent with pay when serving jury duty or when subpoenaed as a witness in court or voluntarily serving as a witness in a case in which the City is a party. Pay: To receive their normal wages, the Employee must pay the City the jury duty compensation, minus any mileage or parking reimbursement. If the jury duty compensation exceeds the regular salary rate, the Employee may keep the difference. 9.5 Funeral Leave General: Paid time off may be granted, up to a maximum of three (3) days, in the event a regular Employee suffers a death in his or her immediate family, in accordance with the provisions of this Section. Additional time off without pay, or Personal Time Off if available and requested in advance, will be granted as may Page 20 of 51 Adopted , 2011 59 12 -9 -2011 reasonably be required under individual circumstances, subject to the approval of the department head. Immediate Family Defined: Immediate family (for purposes of this Section) is defined as an Employee's parent, step - parent, spouse, child, step - child, foster child, adopted child, brother, sister, step - brother, step - sister, grandparent, grandchild, spouse's parents, brother -in -law or sister -in -law. Pay: The actual amount of time off, and funeral leave approved will be determined by the City Administrator depending on individual circumstances, (such as the closeness of the relative, arrangements to be made, distance to the funeral, etc.). In these situations, Employees will receive their regular pay except that Employees will not be paid for regularly scheduled days off. 9.6 Parenting Leave General: Under Minnesota Statute § 181.941, an Employee is eligible to take up to six weeks time off without pay in conjunction with the birth or adoption of a child. The leave may begin not more than six weeks after the birth or adoption; except that, in the case where the child must remain in the hospital longer than the mother, the leave may not begin more than six weeks after the child leaves the hospital. Eligibility: Employees who work at least half -time and have worked for the City for at least twelve (12) consecutive months are eligible for parenting leave. Health Benefits: Insurance coverage as was previously in effect, will continue while on parenting leave. The City will continue to pay its share of the coverage as if the Employee were at work. The Employee will be responsible for his /her share. Use of Personal Leave: Employees are not required to use personal leave during parental leave but may use personal leave at their option for any period of this leave. Benefits will not continue to accrue during unpaid Parenting Leave. Reinstatement: The Employee is entitled to return to work in the same or comparable position and at the same rate of pay the Employee was receiving prior to commencement of the leave unless the Employee's job was eliminated during the leave. In this instance, the Employee will be treated as laid off pursuant to Section 5.4. 9.7 School Conference and Activities Leave Leave of 16 Hours: Under Minnesota Statute § 181.9412, an Employer must grant an Employee leave of up to a total of sixteen- (16) hours during any twelve- (12) month period to attend school conferences or school - related activities related to the Employee's child, provided the conferences or school- related activities cannot be scheduled during non -work hours. If the Employee's child receives child care services or attends a pre - kindergarten regular or special education program, the Employee may use the leave time provided in this section to attend a conference or Page 21 of 51 Adopted , 2011 60 12 -9 -2011 activity related to the Employee's child, or to observe and monitor the services or programs, provided the conference, activity, or observation cannot be scheduled during non -work hours. When the leave cannot be scheduled during non -work hours and the need for the leave is foreseeable, the Employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the Employer. Foster Child: For the purpose of this section, the definition of "child" includes foster child. Unpaid or Use of PTO: The school conference and activities leave will be unpaid, except that an Employee may substitute any accrued paid PTO leave or compensatory time for any part of the leave under this section. 9.8 Service as Election Judge General: Under Minnesota Statutes § 204B.195, an individual who is selected to serve as an election judge pursuant to § 204B.21, subdivision 2 may, after giving the Employer at least 20 days' written notice, be absent from work for the purpose of serving as an election judge without penalty. The Employer may restrict the number of Employees serving as election judges to twenty (20) per cent of the workforce at a single worksite. Wages: The salary or wages of the Employee serving as an election judge shall be reduced by the amount paid to the election judge by the appointing authority during the time the Employee was absent from employment. The Employee also has the option to use personal leave for the absence. Request: The written request to be absent from work must be accompanied by a certification from the appointing authority stating the hourly compensation to be paid to the Employee for service as an election judge and the hours during which the Employee will serve. 9.9 Leave for Bone Marrow Donation General: Under Minnesota Statute § 181.945, an Employee who works an average of at least 20 hours per week is entitled to a paid leave of absence to undergo a medical procedure to donate bone marrow. The combined length of the leave may not exceed forty (40) hours, unless agreed to by the Employer. The Employer may require verification by a physician of the purpose and length of each leave requested by the Employee to donate bone marrow. If there is a medical determination that the Employee does not qualify as a bone marrow donor, the paid leave of absence granted to the Employee prior to that medical determination is not forfeited. 9.10 Civil Air Patrol Leave General: Under Minnesota Statute § 181.946, an Employee who works an average of at least 20 hours per week and is a member of the civil air patrol is entitled to Page 22 of 51 Adopted , 2011 61 12 -9 -2011 leave of absence without pay for time spent rendering service as a member of the civil air patrol on the request and under the authority of the State or any of its political subdivisions. The leave shall be granted unless the leave would unduly disrupt the operations of the Employer. 9.11 Time Off to Vote General: Under Minnesota Statute 204C.04, every Employee who is eligible to vote in an election has the right to be absent from work for the purpose of voting during the morning of the day of that election, without penalty or deduction from salary or wages because of the absence. Elections Covered: For purposes of this section, "election" means a regularly scheduled State primary or general election, an election to fill a vacancy in the office of United States Senator or United States Representative, or an election to fill a vacancy in the office of State Senator or State Representative. 9.12 Leave for Adoptive Parents General: Under Minnesota Statute § 181.92, Employees shall, upon request, be granted a minimum of four weeks off, without pay, for the adoption of a child. The period of time off shall begin before, or at the time of, the child's placement in the adoptive parent's home, and shall be for the purpose of arranging the child's placement or caring for the child after placement. An Employee may choose to use accrued personal leave for all or a portion of the adoption leave. 9.13 Sick or Injured Child Care Leave General: Under Minnesota Statute 5 181.9413, Employees may use personal leave benefits provided by the City for absences due to an illness of or injury to the Employee's child for such reasonable periods as the Employee's attendance with the child may be necessary, on the same terms the Employee is able to use sick leave benefits for the Employee's own illness or injury. 10. TEMPORARY LIGHT DUTY POLICY 10.1 Application Temporarily Disabled: Consistent with public service needs, the City may assign light duty to employees who are temporarily disabled and unable to provide full performance of all work duties assigned to their job classification. The City reserves the sole right to determine, on a case -by -case basis, whether light duty will be assigned and, if assigned, what duties the employee will be expected to perform in the duration of the assignment. Procedure: The procedure for applying for light duty assignment will be as follows: Page 23 of 51 Adopted , 2011 62 12 -9 -2011 A) When an Employee is unable, due to temporarily disability, to provide full performance of all work duties assigned to the Employee's job classification, the Employee may request light duty by completing the Request for Light Duty form and submitting it to his /her Department Head. The request shall state the nature and extent of the temporary disability and the job duties which the Employee is unable to perform, along with the expected length of the disability and any work restrictions related to the disability. The City will usually require the request to be accompanied by a physician's report containing diagnosis, current treatment, and physician approval for light duty assignment with any restrictions thereon. B) The City may require an independent evaluation conducted by a physician selected by the City to verify the diagnosis, current treatment, work restrictions and expected length of disability. C) Determinations regarding light duty will be made on a department -by- department, case -by -case basis. The Department Head, in consultation with the City Administrator, will consider such factors as public service needs and budgetary considerations, the need for work which may be assigned as light duty, the Employee's capability of performing the work, the number of Employees not available for work due to injury or illness, and other relevant factors. D) The City will determine what job duties the Employee will perform. These duties may include those currently assigned to the Employee's job classification or any other duties the City considers to be appropriate. Duration of light duty will be determined at the sole discretion of the City. E) Assignments to light duty will be reviewed on a monthly basis or more often as deemed necessary by the City. The City, in its sole discretion, reserves the right to terminate a light duty assignment at any time based upon, but not limited to, the factors set forth in sub -item C) above. 11. INSURANCE PLANS 11.1 Health, Dental, Disability, & Life Insurance Upon proper application and subject to payment of any required premiums, all regular full time Employees, working at least 32 hours per week, will be required to be covered by the City's health, dental, short -term disability and life insurance plans. Subject to the payment of the required premiums, an Employee's dependents may also be covered under such plans. If the city participates in a "High Deductible" health plan, the deductible shall be fully funded through payroll deduction and deposited into an employee "Health Care Savings Account." 11.2 Cafeteria Plan The City will contribute an amount, designated on an annual basis by action of the City Council, to the Employee for use in the City's benefit Plan. Employees are Page 24 of 51 Adopted , 2011 63 12 -9 -2011 required to choose at least the core benefit plan, which are: single health insurance, single dental coverage, short -term disability and term life insurance.. Any balance remaining after the required core benefits have been purchased may be used in any authorized area of the plan, such as: (A) The purchase of additional life, disability, or long term care insurance offered through the City's plan; (B) Contribution to an authorized Health Care Savings Account to the extent permitted by applicable law; (C) Contribution to an Employer sponsored deferred compensation (457) program. (D) Or, the Employee may elect to receive the balance in taxable income. EXCEPTION. New employees hired after December 31, 2011, shall not be permitted to use employer contributions to contribute to items C or D. 11.3 Continuation of Benefits Health Plans: Employees will be allowed to continue health and dental insurance coverage upon termination in accordance with Minnesota Continuation laws and /or federal COBRA regulations. Certain "qualifying" events trigger an Employee's and /or dependents' right to continuation coverage. Termination or Reduction: Generally, an Employee and his or her dependents are allowed to continue coverage for a period of eighteen (18) months when one of the following qualifying events occurs: • A reduction in the Employee's work hours (including strikes or layoffs); or • Voluntary or involuntary termination of the Employee for reasons other than gross misconduct. Divorce, Separation, Death: In the instance of divorce, legal separation or death of the Employee, a spouse and /or dependent child may continue coverage until: • Coverage is obtained under another group plan; or • Until coverage would otherwise end under the plan, such as the City terminating their group coverage for all Employees. Life Insurance Benefits: Generally, if an Employee loses coverage through termination of employment or reduction in hours, s /he has a right to continue group life insurance benefits for a period of eighteen (18) months from the loss of the coverage date. Health FSA: In cases where an Employee has under -spent his /her health FSA, coverage generally will only be continued until the end of the plan year. Page 25 of 51 Adopted , 2011 64 12 -9 -2011 12. EMPLOYEE TRAINING /TRAVEL 12.1 General Policy — Training and Education Employees may take advantage of training opportunities to help them improve the performance of their present work assignments and to prepare them for future assignments. Cost, staffing, benefit to the City, and other appropriate issues will be considered by the City Administrator in approving requests or assigning training. Time to attend required training will normally be paid time. Advance payments may be authorized for conference registration fees. Once paid, Employees will be held responsible for those fees if the Employee later chooses not to attend, unless unforeseen circumstances appear such as an illness, death in the family, emergency, etc. Other expenses eligible for reimbursement require receipt of appropriate documentation. Required documentation and receipts vary depending on the event. Meals, lodging and parking require itemized receipts. 12.2 Tuition Reimbursement /Educational Assistance The City of Centerville encourages its Employees to enroll in job related educational programs and may provide support through tuition reimbursement. This does not include reimbursement for textbooks or study materials. Under IRS regulations, the reimbursement of certain courses must be reported as taxable income to the Employee. Requirements: In order for a class to qualify for reimbursement, the following conditions must be met: • The class /course must be job related; • The class /course must be taken from an accredited institution of higher learning or vocational - technical school; • The class /course must be approved by the City Administrator prior to enrolling; • The Employee must receive a passing grade (C or better) in order to receive reimbursement; • The Employee must complete a Tuition Reimbursement form and provide a brief course outline; • After the class /course has been completed, the Employee must provide a photocopy of the grade form and the original receipt for tuition; • The Employee must remain with the City for one year after completing the class /course, or reimburse the City for the total cost of any class taken in the previous one -year period. Page 26 of 51 Adopted , 2011 65 12- 9-2011 Forms: Tuition Reimbursement forms are available from the Finance Director. A photocopy of the completed Tuition Reimbursement form will be placed in the Employee's personnel file. Limit: No employee may receive in excess of $1,500 tuition reimbursement in any one calendar year. The City Council may waive this limitation in unusual circumstances where it is determined that there is a justifiable City need for an Employee to take additional schooling. Approval of reimbursement is dependent upon available funding in the city budget.. 12.3 Travel Reimbursement The City Council may authorize travel at City expense for the effective conduct of City business. Authorization must be granted prior to incurring the actual expenses. Employees so authorized will receive reimbursement for necessary and incidental expenses according to the terms outlined in this policy and IRS requirements for an "accountable plan." Receipts and /or other verification of the expenses, which show the actual cost of lodging, meals and incidental expenses, are required for reimbursement. A) Automobile Expense: When Employees are required to use their own vehicles to conduct City business or to attend approved training, the City will reimburse the Employee for mileage at a rate as allowed by IRS regulation.. The allowed rate will change on the first of the month following the effective date as provided in IRS regulations. B) Overnight Travel: Lodging expenses include actual reasonable cost of lodging while away on approved travel or training. The amount of reimbursement for an individual attendee of a conference or meeting will normally be the least expensive single room rate available at the location of the conference, or the actual cost, whichever is less. Where multiple employees of the same sex are attending an approved training, two employees shall share a double room, unless there is bonifide health reason for a single room. C) Meal Allowance: Employees will be reimbursed for meals, including tax and a reasonable gratuity, when on approved assignment for the City. Employees will be reimbursed for meals in connection with conferences and meetings only when the meals are not included in the conference registration fee. In other words, Employees are expected to eat at the conference if meals are provided. The maximum allowable reimbursable expense per meal will be set periodically by the City Council. For meal reimbursement to be considered nontaxable under the IRS rules for an "accountable plan," the meal expense must be in connection with an overnight stay and a receipt must be provided. Reimbursement for meal expenses not in connection with an overnight stay are taxable and will be reported on the Employee's W -2 form. Meal costs which are not itemized Page 27 of 51 Adopted , 2011 66 12 -9 -2011 and are part of a conference or meeting registration fee are not included in this requirement and will not be considered taxable. Maximum reimbursement shall be as follows: Breakfast $ 9.00. Lunch $ 11.00 Dinner $ 18.00 No reimbursement will be made for alcoholic beverages. A full reimbursement, over the maximum defined, may be authorized if a lower cost meal is not available when attending banquets, training sessions, or meetings of professional organizations. The employee will be asked to sign a statement that no lesser cost meal was available. No reimbursement will be provided unless the employee provides a detailed receipt from the food establishment proving compliance with this policy. D) Tuition, Dues and Fees: When prior approval has been granted by the City Council, registration and /or conference fees are eligible for reimbursement or pre - payment. E) Parking and Alternative Travel: The City will reimburse the Employee for necessary parking fees incurred for required travel. The City will also reimburse for the Employee for the reasonable cost incurred when approved travel is made by other means of transportation, but will be reimbursed only the amount that would have been reimbursed had the Employee traveled using the least costly method, unless otherwise approved. F) Overnight Travel Away From Home: Travel away from home is work time when it cuts across the Employee's work day. The time to be considered is not only hours worked on regular working days during normal working hours, but also during the corresponding hours on non - working days. Example: If an Employee regularly works from 8:00 a.m. to 4:30 p.m., Monday through Friday, the travel time during these hours is work time on Saturday and Sunday as well as on the other days. Thus, if travel is overnight and done outside of working hours, the travel time is not compensable. 12.4 Applicability General: Travel and expense reimbursement provided for in this section shall apply to both the Employees of the City and the members of the City Council traveling specifically to conduct City business. Page 28 of 51 Adopted , 2011 67 12 -9 -2011 13. PERFORMANCE APPRAISAL 13.1 Employee Performance Appraisal Schedule: Employees will normally have their performance evaluated at least once during the probationary period, at the employee's one -year anniversary date, and every twelve (12) months thereafter. Performance evaluations will be maintained in Employee personnel files and will be considered when personnel actions are contemplated. Performance appraisals will be conducted in accordance with the established performance appraisal system. Step and annual increases shall not be granted unless an employee has a satisfactory performance evaluation. 14. SAFETY 14.1 General Safety Policy: The personal health and safety of each Employee of the City and the prevention of occupational injuries and illnesses are of primary importance to the City. To the greatest degree possible, management will maintain an environment free from unnecessary hazards and has established safety policies and procedures for each department. Adherence to these policies is the responsibility of each Employee. Overall administration of this policy is the responsibility of each department head. Violation of established policies and rules may result in disciplinary action under the discipline section of the City's personnel policy. 14.2 Safety /Accident Reporting Forms: Workers' Compensation and OSHA laws require that Employees involved in job - related accidents and sicknesses file a First Report of Injury as soon as possible. If necessary the Employee's department head may file the report on behalf of the injured or sick Employee. The department head is also responsible for filing an accident report with the City's Safety Officer. 15. SMOKING 15.1 General Prohibited: In the interest of good health, the City discourages Employees from smoking. Smoking is prohibited within all City buildings and in City owned vehicles. Approved Areas: The City Administrator will designate specific outdoor areas as smoking areas. There will be no smoking in areas not designated as smoking areas. If smoking results in discomfort to others, smokers are required to stop smoking. Smoking in non - approved areas may result in disciplinary action. Page 29 of 51 Adopted , 2011 68 12 -9 -2011 16. GRIEVANCES 16.1 Grievance Procedure Procedure: The following grievance procedure shall be followed by all Employees except those covered by the terms of a collective bargaining agreement. In all cases, grievances must be filed by the Employee adversely affected by the action of the City. Step 1: Any aggrieved Employee shall first file his /her grievance, in writing, with his /her immediate supervisor within ten (10) working days of the action from which the grievance arises or the date upon which the Employee became aware of the action. In cases where the Employee has been adversely affected by an action administered by a City Employee of a higher rank than that of his /her immediate supervisor, the affected Employee shall file his /her grievance, in writing, with the City Employee whose action the adversely affected employee is grieving. Notice must include the following: A) Statement of the grievance and relevant facts; B) The remedy sought; and C) The specific provision of the personnel policy (if applicable). The supervisor shall respond to the grievance, in writing, within ten (10) working days. Step 2: If the Employee is dissatisfied with the response of the department head, he /she may, within ten (10) working days appeal to the City Administrator. The City Administrator shall respond to the grievance, in writing, within ten (10) working days. Step 3: If the Employee is dissatisfied with the decision of the City Administrator, he /she may appeal, in writing, to the City Council within ten (10) working days of his/her receipt of the City Administrator's decision. The City Council shall consider the written appeal, along with the City Administrator's Step 3 response, and any other pertinent information developed throughout the grievance procedure. The Council shall then decide whether to affirm the City Administrator's decision or consider the issue anew. In general, Council review will be limited to interpretation of this personnel policy and will not relate to issues of fact. Assistance: An aggrieved Employee may be assisted in the presentation of his /her grievance by any person acting in an advisory capacity to assist in presenting all facts relevant to the grievance. At any step in the grievance procedure, the supervisory Page 30 of 51 Adopted , 2011 69 12 -9 -2011 authority may request additional information, or conduct additional investigation, as he /she deems necessary. Time Limits: Failure to conform to the time requirements set forth above shall constitute a waiver of further steps in the above procedure. Time limits set forth in the grievance procedure may be waived, upon written consent of both parties. Any one or more of the steps set forth above may be waived by written consent of the Employee and the designated Employer representative to whom the grievance is being submitted. Working Hours: The hearing and presentation of grievances shall be accomplished during ordinary working hours when consistent with Employee duties and responsibilities. An aggrieved Employee shall be allowed a reasonable amount of time, without loss of pay, to present evidence concerning his /her grievance. 17. DISCIPLINE 17.1 Objective Supervisory Responsibility: Supervisors are responsible for maintaining compliance with City standards of Employee conduct. The City reserves the right to use discretion and to deviate from this policy. Employee Responsibility: City Employees are expected to fulfill their duties and responsibilities at the level required, including observance of work rules and standards of conduct. Failure to do so may result in disciplinary action. Non - Discrimination: Discipline will be administered in a non - discriminatory manner. The supervisor will normally investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. 17.2 Process The City recognizes its continuing responsibility to develop and administer rules and disciplinary measures in a fair and consistent manner. The City will issue discipline at a level within its discretion for the act /inaction in question along with other factors that it deems relevant. Without limiting its right to issue discipline in other areas, an adequate reason for issuing a disciplinary action shall include but not be limited to each of the following kinds of conduct: • Incompetence or inefficiency in the performance of duties; • Failure to produce the quality of work and /or the quantity of work the position or classification requires; • Wanton carelessness or negligence in the performance of duty; • Offensive treatment of fellow employees or other persons; Page 31 of 51 Adopted , 2011 70 12 -9 -2011 • Willful violation of any lawful regulation or order, or failure to obey any lawful and reasonable directions given by the Employee's supervisor. • Violation of the provisions of these Personnel Policies; • Violating the Data Privacy rights of any employee, client, or member of the public; • Conviction of a felony or gross misdemeanor or of a misdemeanor involving moral turpitude which affects the performance of assigned responsibilities; • Gross negligence or willful conduct causing damage and /or abuse of City property. • Absence from work for two (2) consecutive days without notice to supervisor. • Drinking alcoholic beverages during work hours, intoxicated while at work, or consuming or being under the influence of any controlled substance unless prescribed by a physician while at work; • Theft of public property, pilferage or other unauthorized taking of public property from a public premises for private use; • Carrying or otherwise possessing a firearm or other dangerous weapon at the workplace. Licensed peace officers who carry a gun for work purposes are exempt from this provision; • Sexual, racial, or unethical harassment or discrimination of any City employee or member of the public; • Acting in a manner not here and above specified which tends to lower discipline or morale within the City or that adversely affects the rendering of prompt, courteous and efficient service by the City and its employees to the public. In addition, disciplinary action may be taken for reasons specifically defined by department rules other than those listed herein. Discipline may take one of the following forms and may be applied progressively as noted below or based on the City's decision. Discipline except dismissal may be implemented by the City Administrator, subject to appeal to the City Council in accordance with the grievance procedure contained in this Personnel Policy. A) Oral Warning: Oral warning should normally be given for the first infraction to clarify expectations and put the Employee on notice that the performance or specific behaviors need to change. There may be time when the first infraction is so serious that an oral warning may be insufficient. Page 32 of 51 Adopted , 2011 71 12 -9 -2011 B) Written Warning: A written warning shall normally state the reason for the warning along with a description of the events /problems that led to the warning. It shall normally describe actions taken by the supervisor to correct the problem, if applicable, including any timetable or goals set for improvement. It will indicate further disciplinary action that could result if the problem continues or if related problems occur. The warning will be given to the Employee to sign acknowledging that he or she has received the warning and a copy for their records. Another copy of the written warning shall be placed in the Employee's personnel file. Written warnings are more serious than oral warnings and normally follow verbal warnings when the problem is not corrected or the behavior is not consistently improved, given a reasonable period of time for improvement. Serious infractions may require skipping either a verbal or written warning, or both. C) Suspension: The Employee will normally be notified in writing of the reason for the suspension, either prior to the suspension or shortly thereafter. Upon the Employee's return to work, the Employee will be given a written statement outlining further disciplinary action possible should the problem continue or reoccur. A copy of the written document shall be placed in the Employee's personnel file. An Employee may be suspended pending an investigation of an allegation. If the allegation is proven false after an investigation, the relevant written documents will be removed from the personnel file and the Employee will receive any compensation to which he /she would have been due had the suspension not taken place. D) Dismissal: The City Council may dismiss any Employee following a five - (5) day suspension. The dismissal notice shall be in writing and shall contain the reason for dismissal. 18. SEXUAL HARASSMENT 18.1 General The City of Centerville is committed to providing a working environment free of harassment and discrimination. In keeping with this commitment, the City maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment. This policy applies to all City Employees. This policy statement is intended to make all Employees sensitive to the matter of sexual harassment, to express the City's strong disapproval of unlawful sexual harassment, to advise Employees of their behavioral obligations and to inform them of their rights. Page 33 of 51 Adopted , 2011 72 12- 9-2011 18.2 Definition General: To provide Employees with a better understanding of what constitutes sexual harassment, the following definition, based on Minnesota Statutes, is hereby provided: Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when: A) Submission to the conduct or communication is made a term or condition, either explicitly or implicitly, for obtaining employment; B) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment; C) That conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile or offensive employment environment and the Employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Examples of inappropriate conduct include but are not limited to: • Unwanted physical contact; • Unwelcome sexual jokes or comments; • Sexually explicit posters or pin -ups; • Repeated and unwelcome requests for dates or sexual favors; • Sexual gestures; • Any indication, expressed or implied, that an Employee's job security or any other condition of employment depends on submission to or rejection of unwelcome sexual requests or behavior. 18.3 Expectations Violations: The City of Centerville recognizes the need to educate its Employees on the subject of sexual harassment and stands committed to provide information and training. All Employees are expected to treat each other and the general public with respect and to assist in fostering an environment that is free from unwanted harassment. Violations of this policy may result in discipline, including possible discharge. Each situation will be evaluated on a case by case basis depending on the severity and the circumstances involved. Notice: In order for a sexual harassment issue to be addressed, it must be brought to the attention of management. In order for action to be taken, information must be forwarded to the appropriate level of management. Page 34 of 51 Adopted , 2011 73 12 -9 -2011 Report to: Any Employee who believes he or she has been harassed by a co- worker, supervisor, or agent of the City should promptly report the facts of the incident or incidents and the names of the individuals involved to his or her supervisor or in the alternative to the City Administrator. Responsibility: Supervisors should immediately report any incidents of sexual harassment to the City Administrator. If the City Administrator is unavailable, or if the City Administrator is the perpetrator of the alleged harassment, the employee should report the incident immediately to the Mayor. The City Administrator (or Mayor) will investigate such claims and consult with the City attorney for advice on appropriate action. In addition to notifying one of the above people and reporting the nature of the harassment, the Employee is also urged to take the following steps: A) Clearly indicate to the harasser that the conduct is unwelcome and document that conversation; B) Document the occurrences of harassment; C) Submit the documented complaints to your supervisor, the City Administrator, mayor or councilmember. It is required that the complaint is in writing; D) Document any further harassment or reprisals that occur after the complaint is made. Rights: Employees have the right to raise the issue of sexual harassment and to file complaints with respect to such harassment without reprisal. The City recognizes that there are inherent difficulties in developing evidence and maintaining close working relationships among Employees in instances where harassment has occurred. Because of this, the City urges that conduct which is viewed as offensive, be reported immediately to allow for corrective action to be taken through education and initial counseling, if appropriate. Obligations: Management has the obligation to provide an environment free of sexual harassment. The City of Centerville is obligated to prevent and correct unlawful harassment in a manner which does not abridge the rights of the accused. To accomplish this task, the cooperation of all Employees is required. Action: The City of Centerville, in all cases, will take action to correct any reported harassment to the extent evidence is available to verify the alleged harassment and any related retaliation. All allegations will be investigated. Strict confidentiality is not always possible in all cases of sexual harassment as the accused has the right to answer charges made against them, particularly if discipline is a possible outcome. Reasonable efforts will be made to respect the confidentiality of the individuals involved, to the extent possible. Page 35 of 51 Adopted , 2011 74 12 -9 -2011 19. RESIGNATION 19.1 Written Notice General: Any Employee wishing to leave municipal service in good standing must submit a written resignation to his or her supervisor at least fourteen (14) calendar days before an Employee's anticipated leaving. The resignation must state the effective date of the resignation may state the reason for leaving. Unless approved by the City Administrator, the employee shall work all regular work days during the fourteen day resignation notice period. The City Administrator may waive the notice requirement if it is determined to'be in the best interest of the City. 20. CODE OF CONDUCT AND ETHICS 20.1 Purpose General: The City Council of the City of Centerville requires all Employees of the City to adhere to the following code of conduct and ethics. The purpose of this policy is to establish standards for all such persons by setting forth actions which are incompatible with the best interest of the City of Centerville, its taxpayers or in conflict with state or federal laws. 20.2 Conflicts of Interest No Employee having the power or duty to perform an official act or action may be directly or indirectly interested in any contract, transaction, or zoning decision of the City of Centerville except as provided for in the Minnesota State Statutes. Any Employee having an interest in any proposed legislative action of the City Council and who gives an opinion or recommendation to the Council, shall disclose on the record of the Council meeting the nature and extent of such an interest. No Employee may purchase personal property from the City except property that is no longer needed by the City under the following conditions: A) There is a reasonable public notice and the goods are sold through public auction; and B) The property is sold by a sealed bid process and the Employee has the highest responsible bid. The Employee who buys the property must not be involved in the auction or sealed bid process. No Employee may accept any gift or gratuity in any size under circumstances in which it could be reasonably thought to influence him or her in the performance of his or her official duties or in which it appears to be a reward for any official action on his or her part. Gifts or gratuities which may be acceptable are as follows: A) Awards for meritorious civic service contribution; Page 36 of 51 Adopted , 2011 75 12 -9 -2011 B) Unsolicited items of nominal value that are donated to and shared by the work group; C) Unsolicited advertising or promotional materials with a value of less than $5.00; D) Unsolicited items such as meals which may be provided during meetings, receptions, or other gatherings where the elected official or Employee is in attendance in his /her official capacity. 20.3 Nepotism General: Relatives of current City Employees and City Council members are not eligible for employment in job classification in which a conflict of interest may occur. Therefore, relatives will not be hired where: A) One relative would have the sole authority or practical power to supervise, appoint, remove, or discipline the other; B) One relative would be responsible for auditing the work of the other; C) Other circumstances exist which would place the relative in a situation of actual or reasonable foreseeable conflict between the City's interests or their own; or D) Where the applicant /City Employee has a relative who is employed by an organization with whom the City has business dealings, and in the City's judgment, considering the positions and job responsibilities of both the applicant /Employee and the relative would create an appearance of improper influence or favor or would jeopardize the confidentiality of data maintained by the City. The City is not obligated to give special treatment, such as preferential scheduling, to married couples. Definitions: Relative: The term "relative," when used in this policy, means any two (2) or more individuals who reside in the same dwelling unit or who are related to each other by blood, marriage, or adoption where one of the individuals is the spouse, parent, grandparent, child, brother, or sister of the other. Employee: Anyone employed in a full-time or part-time regular status position, or in a seasonal, temporary, or paid on -call position. Page 37 of 51 Adopted , 2011 76 12 -9 -2011 20.4 Falsification of Records General: No person shall knowingly make any false statement, certificate, mark, rating or report in regard to any test, certificate, or appointment held or made under the City of Centerville's personnel system, or in any manner commit or attempt to commit, any fraud preventing the impartial execution of the provisions of these policies. 20.5 Rendering of Consideration General: No person seeking employment to, or promotion in, the City of Centerville will either directly or indirectly give, render, or pay any money, service, or other valuable consideration to any person on account of or in connection with, the test, appointment, or promotion, or proposed appointment or promotion. 20.6 Use and Safeguarding of City Property General: No Employee shall use or permit the use of City owned vehicles, equipment, tools, machinery, materials, or other property for personal conveniences or profit unless the use is available to the public generally or is provided as a municipal policy for the use of such public official or Employee in the conduct of official business. City Employees shall not store personal property on City property or in City facilities. Responsibility: All Employees of the City of Centerville who have authority over or the use of, City vehicles, equipment, machinery or property in the course of their duties must assume responsibility for the safeguarding and care of such items. 20.7 Disclosure of Confidential Information General: No City Employee, with respect to any transaction, zoning decision, or other matter which may be the subject of an official act or action of the City of Centerville shall without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City of Centerville, or use such information to advance the financial or other private interest of the elected official or Employee or anyone else authorized to act on the behalf of the City. Access: No City Employee who has custody of or access to any personnel files or other information which may be considered confidential by Minnesota law shall use or release such information without proper authority. Data Practices Act: Confidential information will be governed by and treated according to the Minnesota Data Practices Act. The City Administrator is the Data Practices Officer. All questionable requests should be referred to the City Administrator. Page 38 of 51 Adopted , 2011 77 12 -9 -2011 20.8 Political Activities General: Political activities which are not in violation of state and federal laws are generally permitted. The following political activities are prohibited for City Employees: A) City Employees may not use any official authority or influence for the purpose of affecting the result of an election nor may funds be solicited or contributions received from other Employees for political purposes. B) No campaign materials, pamphlets or buttons may be displayed on City vehicles, City property or by an individual on the work site, nor may they be distributed by an employee during his working hours. 21. APPEARANCE AND ATTIRE POLICY 21.1 General The attire and the appearance of City Employees have a direct reflection on the professionalism in the delivery of City services. City Employees are required to meet the general public on a daily basis as part of their regular work assignment and as such, a neatly attired City Employee presents a positive image both of themselves and the City of Centerville. When deciding on appropriate work attire, City Employees shall employ sound discretion in their decisions as clothing needs vary by job function and safety. These considerations should be based on job safety, City image, and personal hygiene. The following is not considered appropriate attire in most work settings and will not be permitted: • Tube tops, halter tops, tank tops, muscle shirts; • Sweats or work out clothing; • Tight, body - hugging clothing; • Shorts; • Clothing that is revealing and causes a distraction; • Clothing that is faded, worn or in disrepair. The City Administrator will be responsible for determining if attire is appropriate. Employees who have questions concerning appropriate work attire should direct them to the City Administrator. Temporary exceptions may be allowed by the City Administrator when a work assignment indicates that different attire would be appropriate. Page 39 of 51 Adopted , 2011 78 12 -9 -2011 21.2 Casual Fridays General: Fridays are designated as "casual day" in City Hall. On these days nice jeans, City logo t- shirts, and City logo sweatshirts can be worn. None of the other items on the above list qualify as casual Friday attire. Employees who take Friday off cannot substitute any other day of their choice as a "casual day". 22. ELECTRONIC MEDIA USAGE POLICY 22.1 General Guidelines: The City of Centerville's electronic media usage policy is designed to provide clear guidelines to City of Centerville Employees regarding access to, and disclosure of, computer, network, telephone and facsimile systems. Employees increasingly use and exploit electronic forms of communication and information exchange, and have access to one or more forms of electronic media and services (computer, email, telephones, voice mail, fax machines, external electronic bulletin boards, on -line services, and the Internet). Public Property: The City encourages the use of these media and associated services, because they make communication more efficient and effective, and because they are valuable sources of information. However, electronic media, data, and services provided by the City are City owned and publicly funded, and their purpose is to facilitate City business. The City Council authorizes the use of the Internet and on -line services for the support of all City tasks. The use of the Internet is public and a privilege, not a right, and may be revoked at any time for unacceptable use. Procedures: With the rapidly changing nature of electronic media, and the "netiquette" which is developing among users of external on -line services and the Internet, this policy cannot lay down rules to cover every possible situation. Instead, it expresses the City's philosophy and sets forth general principles to be applied to use of electronic media, data, and services. The following procedures apply to all electronic media, data, and services, which are: A) Accessed on or from City premises; B) Accessed using City computer equipment, or via City-paid access methods; C) Used in a manner that identifies the individual with the City. 22.2 Authorization An Employee must sign a statement acknowledging that they have read, understand, and agree to comply with this policy. No Employee will be authorized to use electronic media or services until they have signed the appropriate statement and returned it to the Personnel Office. Page 40 of 51 Adopted , 2011 79 N N N N N N Cr A W C , C n n n co 0 m n g p .o , x CD y n n O n n * .7 n ` " n r, o E a •- n 0 n f D PI n P n y el, n y 0 O Q o A . r, 0 ,, O R v n n , P n Z. 5 O v ° ' , , m O 4 0 1 O' O ,. ct AI a o Q . 0:0 rr �' n y0 C n a ' n `�' C O S y r y , ft, " p 0 0 • m m � �. a. v, y �' a. a, O y n a y a. w n aD w n 0 PT. - d Q . y � �'' �' 0 n 0- 0 � ' o ..e o ro II 5 n ° n' c o ' er , ° 0 i 1 M y CD n n y a (� n y n n n y " 0 n M n �' n A) w `-< n Cil n V c m. n Uc .a O r, O n v, � t f9 r n O C G CL Al h "� , p r CD C y .3 .. p O co .a y y ...q C r* 5 O O✓ . n n cn 0.6 c9 rn ar y G rn O a 9 r ' 9 a w A AD a ' K y 1- • - W " n n 0 m e' 0 o p n; O n • o 11, a n a o o 0. 0-•a n 00 0 ` C ` c . r P 5 a' tD ,- Z h n "n n y D 5 . o CD Cr CD et � � ' y n y n O a., O O O I n CD v aq "d n o ` 5' a . ^ n � ' '. • D a' y o q O n p y • fD n n "C n C O n O n p CD n �' w A ro e. �' a p O G �, y n �' n C 0 n act a w 0 y O G , "t - J p "*, v a, n CD .. • p? v � , '7 O O � , 5 n Gt. n a ' 5. 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K r" 0 12- 9-2011 Respect: Employees must respect the confidentiality of other people's electronic communications and may not attempt to read, "hack" into other systems or other people's accounts, or "crack" passwords, or breach computer or network security measures, or monitor electronic files or communications of other Employees or third parties except by explicit direction of City management. 22.6 Copyrights General: Anyone obtaining electronic access to other companies' or individuals' materials must respect all copyrights and may not copy, retrieve, modify or forward copyrighted materials except as permitted by the copyright owner. Also, network users shall not delete, examine, copy or modify files and /or data belonging to other users, without their prior consent. 22.7 Passwords / Security General: The City Administrator reserves the right to override passwords and codes at any time. If the City Administrator requests an Employee's password(s), then the password(s) must be disclosed. Any password used on the system shall be used for the protection of the City of Centerville, not the Employee, and as such will not preclude the City, as the operator or owner of a network, from rightfully entering the network or any other messaging system at any time to review, copy or delete any file or disclose any such file to others. Employees may not attempt to prevent the City from viewing their computer and internet use by changing passwords, deleting or attempting to delete files or records. Participation in "Chat Rooms" is not permitted unless specifically approved by the Administrator. Playing of online games from City computers is specifically prohibited. Responsibility: No email or other electronic communications (including facsimile messages) may be sent which attempt to hide the identity of the sender, or represent the sender as someone else or from another organization. Employees are responsible for all electronic messages originating from a computer operating under his /her password. In no event shall an employee open an email attachment from an unknown source and shall take precautions to ensure that attachments were in fact sent by the known source. The City Administrator shall be notified immediately anytime the employee has reason to believe that City equipment may have been compromised by a virus, malware or spyware. 22.8 Excessive Usage General: Electronic media and services should not be used in a manner that is likely to cause network congestion or significantly hamper the ability of other people to access and use the system. Continued impedance of other users through mass consumption of system resources, after receipt of a request to cease such activity, is Page 42 of 51 Adopted 2011 81 12 -9 -2011 prohibited. The willful or careless introduction of programs known as computer viruses, Trojan Horses and worms into the City's network or into any external networks or computers can cause such excessive computer usage or even damage a system and so would be a violation of this policy. 22.9 Data Retention Records Retention Schedule: Electronic media may only be discarded in accordance with the City's Data Practices Plan and the Minnesota Data Practices Act. It should be assumed that electronic media may be viewed by the public in accordance with the Data Practices Act. As such, electronic media are similar to printed communication and should be written with the same formality. 22.10 Questions Regarding Policy General: City Employees who have concerns or are uncertain about ethical, legal or security issues regarding the use of data communications tools are expected to discuss their concerns with their supervisor who will act as the Employee's first point of contact. Integrity: Part of the responsibility of the City Administrator is to insure the integrity of City data (an asset). Therefore, the City Administrator, in consultation with the City Attorney, will resolve and answer any questions about this Acceptable Use Policy or its interpretation. Until such issues are resolved, questionable use should be considered "not acceptable ". Questions of interpretation should be submitted, in writing, to the City Administrator. Final authority for this Acceptable Use Policy lies with the City Council. 22.11 Policy Violations General: The City Administrator will review all alleged violations of this City policy on a case -by -case basis. The City Attorney may be consulted for technical assistance in investigating a complaint. Clear violations of the policy which are not promptly remedied may result in the expulsion of the offending Employee from the City's network services in addition to disciplinary action, and consistent with the Personnel Policy or appropriate bargaining unit agreement. 23. CELLULAR PHONE USAGE POLICY 23.1 Application General: This policy is intended to regulate the use of City-owned cellular phones within reasonable, practical parameters. As the number of available cellular telephones increases and the efficiencies of cellular telephone usage become even more apparent, it is incumbent upon the City to establish reasonable guidelines for the use of cellular phones. The City of Centerville will benefit by extending the hours essential Employees are available for consultation through the use of cellular phones. Page 43 of 51 Adopted , 2011 82 12 -9 -2011 Scope: This policy will apply to all City Employees using or having access to City- owned cellular phones. 23.2 Guidelines Policy: The following guidelines are established for the use of City-owned cellular phones: A) Cellular phones are intended to be used to increase the efficiency and effectiveness of the services provided by the City of Centerville. As such, each Employee using a cellular phone during the course of his /her workday must determine whether such usage is appropriate under the circumstances existing at the time of the usage. In making such a determination, Employees must consider the cost of using the cellular phone in comparison with the cost and practicality of locating a customary telephone service. B) During work hours personal phone calls will be acceptable in those circumstances where it is necessary to briefly contact someone concerning important matters. Calls of this nature shall be as brief as possible and should be made only when circumstances prevent timely access to customary telephone services. The City may ask the employee to reimburse for such personal use minutes if the phone's plan - minutes are exceeded for that month and those minutes become an additional cost to the City. C) During non -work hours City Employees having access to assigned City - owned cellular phones may make reasonable personal phone calls during all hours. Employees having 24 -hour access to City-owned cellular phones and who also use the phone for personal reasons will reimburse the City for all personal phone calls, to the extent that the calls exceed the maximum allowable air time. D) City Employees who take home a City-owned phone will agree to be accessible for City business when necessary and practical after regular work hours. E) All cellular phones shall remain the property of the City and shall be returned to the City upon the termination of employment or if the cellular phone is no longer necessary for work - related purposes. Any inappropriate use of phones may subject to the Employee to disciplinary action. Any additional charges will be paid by the Employee. 24. CARRYING OF FIREARMS 24.1 Policy The City Of Centerville establishes a policy prohibiting the carrying of firearms while acting in the course and scope of employment for the City. This includes but is not limited to: Page 44 of 51 Adopted , 2011 83 12 -9 -2011 • Driving in a city vehicle; • Working at any city owned work site; • Working off -site on behalf of the city. This policy shall not apply to any licensed peace officer acting within the scope of employment. 25 . DRUG & ALCOHOL FREE WORKPLACE 25.1 Policy General: In accordance with federal law, the City of Centerville has adopted the following policy on drugs and alcohol in the workplace: A) Employees are expected and required to report to work on time, in appropriate mental and physical condition, ready to perform the duties of their job. It is the City's intent and obligation to provide a drug -free, safe and secure work environment. B) The unlawful manufacture, distribution, possession, or use of a controlled substance on City property or while conducting City business is absolutely prohibited. Violations of this policy will result in disciplinary action, up to and including termination, and may have legal consequences. C) The City recognizes drug dependency as an illness and a major health problem. The City also recognizes drug abuse as a potential health, safety and security problem. Employees needing help in dealing with such problems are encouraged to use their health insurance plans, as appropriate. D) Employees must, as a condition of employment, abide by the terms of the City's drug and alcohol policy and must report any conviction under a criminal drug statute for violations occurring on or off the work premises while conducting City business. A report of the conviction must be made within five (5) days after the conviction as required by the Drug -Free Workplace Act of 1988. 25.2 Drug and /or Alcohol Treatment Discipline: Employees are prohibited from possessing or consuming alcohol or non - prescription drugs while on the job. Any Employee who reports to work incapacitated or whose performance is impaired through the use of alcohol or non- prescription drugs will be subject to disciplinary action. Leave: In instances where it is necessary, personal leave may be granted for an evaluation, treatment or rehabilitation on the same basis as is granted for ordinary health problems. Consideration will be given for use of leave of absence without pay as defined by the City's personnel policies. Page 45 of 51 Adopted , 2011 84 12 -9 -2011 Assistance: The City has also made available access to an Employee Assistance Program (EAP), sponsored by CIGNA Behavioral Health Services. 25.3 Pre - Employment Drug and /or Alcohol Screening Applicability: The City has determined that a pre- employment drug and /or alcohol screen is necessary to determine fitness for all City positions. All offers of employment shall be made contingent upon successful completion of this screening. They shall be required of all candidates who are conditionally offered employment for a given job class. Confidentiality: The information obtained during the screening shall be treated in the same manner as for confidential medical records under the Minnesota Data Practices Act and HIPAA regulations. Exam: A licensed laboratory or medical facility designated by the City shall conduct the screening. The City shall pay the cost of the exam. The physician shall notify the City Administrator whether or not a candidate has successfully passed the screening with no evidence of illicit drugs or alcohol detected in samples provided. Notification of Results: The City Administrator shall inform the candidates of the results of their examination. If a candidate is rejected for employment based on the results, he or she shall be notified of this determination and may request further explanation from the testing facility. 26. EMPLOYEE RECOGNITION 26.1 Employee Action Committee Authority: The City of Centerville promotes an environment in which positive working relationships can be formed and fostered through social interaction and Employees can be recognized for their contributions. For these purposes, Employees are allowed to form an Employee Action Committee, with a minim of three (3) and a maximum of five (5) members to be appointed by the City Administrator. Members of the Committee will elect officers and be responsible for structuring by -laws and operating rules for the Committee, which will be reviewed and approved by the City Administrator. Committee members are authorized to use up to one (1) hour of work time per month for Committee business. Employee Recognition and Appreciation: The City Council will designate an amount in its annual budget to be used by the Committee for Employee recognition and appreciation events. The Committee may consider selecting Employees for awards in areas such as longevity, teamwork, innovation, above and beyond, leadership, exceptional customer service, spirit, etc. Awards will consist of plaques or functional items such as clocks or pen /pencil sets and will be of nominal value. Meals served at award ceremonies will be of nominal value and will not include the purchase of alcoholic beverages. Page 46 of 51 Adopted , 2011 85 12- 9-2011 27. NON - DISCRIMINATION POLICY General: The City of Centerville is committed to a policy of non - discrimination with regard to race, color, creed, religion, age, national origin, gender, sexual orientation, marital status, public assistance status, or disability. Definition: Discrimination is defined as any overt or covert behavior that excludes access to, admission to, full utilization of, or benefit from any public service because of race, color, creed, religion, gender, age, national origin, sexual orientation, marital status, veteran status, age, public assistance status, or disability. Discipline: Employees who participate in discrimination of any kind are subject to discipline, up to and including termination. Policy: In keeping with the City's commitment and the requirements of the law, the City and staff will strive to remove any discrimination in the treatment of customers, employment, assignment and promotion of personnel, training programs, services and opportunities offered to citizens and staff, location and use of facilities, and in verbal and written communications. Complaint Procedure: Employees can bring complaints, ask questions, and raise concerns under this policy without fear of reprisal. (A) An Employee who believes he /she has been made the subject of any discrimination or who believes he /she has witnessed discrimination should report the incident immediately to his /her supervisor. The employee's supervisor shall then immediately notify the City Administrator about the complaint. (B) If the contact with the immediate supervisor does not prove effective, or if the problem is with the supervisor, the Employee may at his /her own discretion, by -pass the immediate supervisor and submit a written complaint directly to the City Administrator. (C) An Employee should report the complaint in writing, detailing the nature of the complaint and all events leading up to the situation prompting the complaint. List any witnesses to the event, the time, date and place of the alleged violation, and any other information that may be pertinent to the complaint. 28. SAVINGS CLAUSE This policy is subject to the laws of the United States and the State of Minnesota; in the event that any provision shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be void. All other provisions of the policy shall continue and remain in full force and effect. Page 47 of 51 Adopted , 2011 86 12 -9 -2011 Adopted by the City Council of the City of Centerville this day of December, 2011. Attest: Signed: City Administrator Mayor Page 48 of 51 Adopted , 2011 87 12 -9 -2011 APPENDIX A HEALTH CARE SAVINGS PLAN All unrepresented City of Centerville employees (exempt and non - exempt) are eligible to participate in the Minnesota Post Employment Health Care Savings Plan (HCSP). This plan is established under Minnesota Statutes, Section 352.98 (Minn. Supp. 2001) and as outlined in the Minnesota State Retirement System's Trust and Plan Documents. All funds collected by the employer on the behalf of the employee will be deposited into the employee's post employment health care savings plan account. Employees will contribute to the Post Employment Health Care Savings Plan as described below: All employees with at least five years of service in the Public Employees Retirement Association (PERA) shall contribute the amount of their severance (unused PTO balance) that exceeds $2000 into the HCSP upon termination or retirement. All employees with at least five years of service in PERA and who are immediately eligible to receive a PERA pension shall contribute 100% of their severance (unused PTO balance) into the HCSP upon termination or retirement. This policy will take effect on January 1, 2010. Page 49 of 51 Adopted , 2011 88 12 -9 -2011 ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING I, , ,of the City of Name Position Centerville hereby acknowledge that I have received a copy of the City of Centerville Personnel Policies dated , 20 and have read and understand the information contained therein. Dated this day of , 20 Signature Page 50 of 51 Adopted , 2011 89 12 -9 -2011 City of Centerville Tuition Reimbursement Form Complete this section and receive approval prior to enrolling in this course. Employee Name: Job Title: Department: Class Name: Attach course description Class Dates: to How does this class relate to your job? Estimated Tuition Cost: $ Name of School: Address of School: Are you working toward a degree? Yes No If yes, list degree Employee Signature: Date: Pre - Approval Signatures & Funding Source: City Administrator Signature: Date: Department Head Signature: Date: Account Coding: Reimbursement Request Section — Complete after class is finished. Date Class Completed: Final Grade: * *Attach copy of grade sheet — Employee must receive a passing grade (C or equivalent) in order to receive reimbursement. Actual Tuition Cost: * Attach receipt for tuition Employee Signature: Date: City Administrator Signature: Date: Department Head Signature: Date: After the Reimbursement Request has been approved, send to the Finance Department with the original receipt and an expense report. Send a photocopy of completed Tuition Reimbursement Fomi to the City Administrator for inclusion in your personnel file. Page 51 of 51 Adopted , 2011 90 Stantec Consulting Services Inc. 2335 Highway 36 West Al' St. Paul MN 55113 Tel: (651) 636 -4600 Fax: (651) 636 -1311 Stantec At Bonestroo October 20, 2011 Dallas Larson City of Centerville 1880 Main Street Centerville MN 55038 Reference: Proposal to Update Surface Water Management Plan Dear Mr. Larson: We are pleased to submit this proposal for an update to the City of Centerville's Surface Water Management Plan (SWMP). Presented below are details of our proposal. Scope The scope will entail the following tasks: 1. Update the 2004 SWMP We will update the City's 2004 SWMP to address the following: • Changes in land use and policies since the 2004 SWMP (largely reflected in the City's 2008 Comprehensive Plan) • Changes in the built surface water system that have occurred since 2004 • Updates to the City's capital improvement plan • Latest NPDES MS4 requirements • Latest Rice Creek Watershed District requirements (as contained in their 2010 Watershed Management Plan • Comments in the October 13, 2011 letter to you from Kyle Axtell of the Rice Creek Watershed District 2. Prepare draft report for City staff review We will prepare a draft report for City staff review. The outline of the report will be largely similar to the 2004 SWMP. We will then meet with City staff to receive review comments. 91 $taftteC October 20, 2011 Page 2 of 2 Reference: Proposal to Update Surface Water Management Plan 3. Prepare draft report for Rice Creek Watershed District Following City staff review, we will prepare a draft report for Rice Creek Watershed District review. The revised draft will incorporate comments received from City staff. We will then meet with Rice Creek Watershed District staff to receive review comments. 4. Prepare final report Following Rice Creek Watershed District review, we will prepare a final report for approval by the Rice Creek Watershed District and adoption by the City. As part of this effort, we will work through outstanding issues with the District. Schedule We propose to complete the draft report for City staff review within 6 weeks of the notice to proceed. Following the review meeting with City staff, we will prepare a draft report for Rice Creek Watershed District review within two weeks. The time to prepare the final report for approval and adoption will be subject to the level of Watershed District comments and cannot be accurately predicted at this time. Compensation We propose to complete Tasks 1 -3 on an hourly basis, not to exceed $7,000. Given uncertainty about the level of effort needed to address Rice Creek Watershed District review comments, we propose to complete Task 4 on an hourly basis at our existing billing rate schedule with the City. We estimate that this level of effort could be $2,500. We appreciate the opportunity to continue serving the City of Centerville in managing its water resources. If you have any questions or comments about our proposal, feel free to contact me at the phone number below. Respectfully, STANTEC CONSULTING SERVICES INC. Daniel J. Edgerton, P.E. Senior Associate Tel: (651) 604 -4820 Fax: (651) 636 -1311 Email: dan.edgerton ©stantec.com cc: Mark Statz 92 Anoka County Contract No. 2011 -0036 LICENSE FOR USE OF DIGITAL ORTHO AND OBLIQUE AERIAL PHOTOGRAPHS THIS LICENSE AGREEMENT is made and entered into this day of 2011, by and between the County of Anoka, a political subdivision of the State of Minnesota ( "County ") and , ( "Licensee. ") WITNESSETH WHEREAS, the County entered into an agreement with Pictometry International Corp., a Delaware corporation ( "Pictometry") for the purchase of digital ortho and oblique aerial photographs and an information system license for software identified as Anoka County Contract No. 2011 -0036 ( "Contract "); and WHEREAS, as part of the Contract, Pictometry granted to the County a license to share the software and images with cities, townships, school districts, political subdivisions, quasi - governmental entities and others within the County of Anoka; and WHEREAS, subject to the terms and conditions contained herein, Licensee wishes to use and the County agrees to provide the Pictometry software and images associated with the Agreement. NOW, THEREFORE, in consideration of the covenants and conditions contained herein, the parties agree as follows. Section 1 GRANT OF LIMITED LICENSE 1.1 The County hereby grants to Licensee a non - exclusive, non - transferrable and non - assignable limited use license to use the digital orthographic photographs, oblique aerial photographs, the Pictometry On -Line (POL) website and information system software associated with the Pictometry images described in Exhibit A ( "Pictometry Imagery"). Section 2 ACKNOWLEDGEMENT OF PROPRIETARY INFORMATION AND RESERVATION OF TITLE 2.1 Licensee acknowiedges and agrees that the Pictometry Imagery is the exclusive property of Pictometry and is duly licensed by the County. 2.2 Licensee agrees that Pictometry owns the Pictometry Imagery and reserves all ownership, proprietary rights, confidential and/or trade secret rights, and all protections and benefits afforded under law. The granting of this license does not affect and does not transfer any title in or to any Pictometry Imagery to the Licensee. Section 3 PROTECTION OF PROPRIETARY INFORMATION 3.1 Licensee agrees to only use the Pictometry Imagery in the ordinary course of its business and all such use shall bear the provided notices of copyright by Pictometry. Licensee shall protect the Pictometry Imagery from unauthorized access, use, duplication, dissemination, or 93 disclosure. Licensee agrees to immediately notify the County of any unauthorized access to the Pictometry Imagery. Under no circumstances may the Licensee disclose or disseminate any Pictometry software to any other public or private entity. 3.2 Licensee expressly agrees not to add or attach any trademarks, trade names, logos or other marks to any Pictometry Imagery. Section 4 TERM AND TERMINATION 4.1 This License shall commence on the day and year first written above and continue in effect until termination is hereinafter provided. 4.1 This agreement shall terminate upon termination and/or expiration of the County's agreement with Pictometry. 4.3 Either party may terminate this agreement upon ninety calendar days written notice to the other. 4.4 Within five days after expiration or termination of this agreement, the Licensee shall return the Pictometry Imagery and all copies thereof to the County, or by the request of the County, the Licensee shall destroy all of the same and all copies thereof and certify in writing to the County that the same has been destroyed. Section 5 OTHER TERMS AND CONDITIONS 5.1 No Agency. The parties hereto are independent contractors, and nothing herein shall be construed to create an agency, joint venture, partnership or other form of business association between the parties hereto. 5.2 No Waiver. No delay or omission to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof unless the same is consented to in writing. All remedies provided for in this Agreement shall be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity, or otherwise. 5.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 5.4 Entire Agreement. This License Agreement constitutes the entire agreement between the parties, and there are no understandings or agreements relative hereto other than those that are expressed herein. No change, waiver, or discharge hereof shall be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be enforced. 5.5 No Assignment. The Licensee shall not assign or transfer this Agreement, either in whole or in part, without the prior written consent of the County, and any attempt to do so shall be void and of no force and effect. 5.6 THE LICENSEE AGREES THAT THE COUNTY IS FURNISHING THE PICTOMETRY IMAGERY ON AN "AS IS" BASIS, WITHOUT ANY SUPPORT WHATSOEVER, AND WITHOUT REPRESENTATION OR ANY EXPRESS OR IMPLIED WARRANTIES, -2- 94 INCLUDING BUT NOT IN ANY MANNER LIMITED TO, FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY OR THE ACCURACY AND COMPLETENESS OF THE PICTOMETRY IMAGERY. THE COUNTY'S SOLE LIABILITY AND THE LICENSEE'S EXCLUSIVE REMEDY FOR ANY SUBSTANTIAL DEFECT WHICH IMPAIRS THE USE OF THE PICTOMETRY IMAGERY FOR THE PURPOSE STATED HEREIN SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT. THE COUNTY DOES NOT WARRANT THAT THE PICTOMETRY IMAGERY ARE ERROR FREE. THE PICTOMETRY IMAGERY WERE DEVELOPED AND /OR LICENSED FOR THE COUNTY'S OWN INTERNAL BUSINESS PURPOSES AND THE COUNTY DOES NOT REPRESENT THAT THE PICTOMETRY IMAGERY CAN BE USED FOR NAVIGATIONAL, TRACKING OR ANY OTHER PURPOSE REQUIRING EXACTING MEASUREMENT OF DISTANCE OR DIRECTION OR PRECISION IN THE DEPICTION OF GEOGRAPHIC FEATURES. THE COUNTY DISCLAIMS ANY OTHER RRANTIES, EXPRESS OR IMPLIED, RESPECTING THIS LICENSE AGREEMENT OR THE PICTOMETRY IMAGERY. 5.7 Damages. The County and the Licensee agree each will be responsible for their own acts and omissions under this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of the other party under the Agreement and the results thereof. In no event shall the County be liable for actual, direct, indirect, special, incidental, consequential damages (even if the County has been advised of the possibility of such damage) or loss of profit, loss of business or any other financial loss or any other damage arising out of performance or failure of performance of this Agreement by the County. The parties' respective liabilities shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes Chapter 466, and other applicable law. This paragraph shall not be construed to bar legal remedies one party may have for the other party's failure to fulfill its obligations under this Agreement. 5.8 Compliance. The parties shall comply with all applicable federal, state and local statutes, regulations, rules and ordinances in force or hereafter enacted. 5.9 Notice. Any notice or demand shall be in writing and shall be sent registered or certified mail to the other party address as follows: To Licensee: To County: Anoka County Administrator's Office 2100 Third Avenue Anoka, MN 55303 Copy to: Anoka County Attorney's Office 2100 Third Avenue Anoka, MN 55303 5.10 Whereas Clauses. The matters set forth in the "Whereas" clauses on page one of this -3- 95 Agreement are incorporated into and made a part hereof by this reference. 5.11 Survival of Provisions. It is expressly understood and agreed that the obligations and warranties which by their sense and context are intended to survive the performance thereof, including but not limited to obligations respecting proprietary rights and confidentiality, shall so survive the completion of performance and /or termination or cancellation of this Agreement. 5.12 Authority. The person or persons executing this License Agreement on behalf of Licensee represent that they are duly authorized to execute this License Agreement on behalf of Licensee and represent and warrant that this License Agreement is a legal, valid and binding obligation and is enforceable in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands on the dates so indicated. COUNTY OF ANOKA, A POLITICAL SUBDIVISION OF THE STATE OF MINNESOTA By: By: Its: Its: Dated: Dated: ATTEST By: By: Its: Its: Dated: Dated: APPROVED AS TO FORM By: Dan Klint Assistant County Attorney Dated: I:1CIV\DKICONTRACT120081Lic for Use of Digital Ortho and Oblique Aerial Photographs- la.doc -4- 96 Exhibit A To License Agreement Between Anoka County and Images: The term Pictometry Imagery, as used in this Agreement, shall mean the digital orthographic photographs, oblique aerial photographs, the Pictometry On -Line (POL) website and information system associated with Pictometry software and the following: 1) those selected images, as mutually defined by the parties, associated with the aerial photography performed in 2011 ( "2011 Pictometry Images "); and 2) Licensee understands and agrees that the granting of this License shall in no way be construed as the granting or continuation of this License to view digital orthographic and oblique photographs for later flyovers. 3) Licensee may provide access to the Pictometry On -Line (POL) website to all staff within their respective agency and to consultants who wish to use the POL website for projects and /or work being done for said Licensee only. Cost: A. Licensee understands that the County will be providing the 2011 Pictometry Images as part of a cost share between Anoka County and participating public agencies within the County. Licensee acknowledges that fees charged for the cost of aerial photography performed in future years may change. B. For those Licensees who wish to access the actual Pictometry Imagery and software (beyond what POL provides), the County will deliver the imagery/data via an external digital storage device. Prior to the delivery of the storage device, the Licensee shall reimburse the County for the cost of downloading the information into the storage device and the storage device itself. Licensee further acknowledges and understands that to have full access to the Pictometry Images the Licensee will need access to the County GIS database, which the Licensee shall procure under separate license from the County. -5 97 TO: Honorable Mayor and Council Members FROM: Staff SUBJECT: Massage Establishment Licensing & Massage Therapist License Renewal Ms. Lisa Kieselhorst DATE: December 22, 2011 Ms. Kieselhorst, owner /operator of A Sense of Life submitted applications for renewal of the above stated licenses, fees, insurance and the Centennial Lakes Police Department has completed their background check. Ms. Kieselhorst's Associated Bodywork & Massage Professionals certificate expires on September 29, 2012 along with her Certificate of Insurance. A part of the motion should contain "subject to submission of current educational background and current insurance requirements as per City Code 115." 98 ,OLlt ^L ` .„ Officer Matthew Langreck, Badge ##110 Centennial Lakes Police Department t' 54 North Road O\ " ;' ° "; Circle Pines MN 55014 c, 5 ‘tNTEN IA 763- 784 -2501 1 `� 6 ti 1 December 20, 2011 6`l City of Centerville 1880 Main St Centerville MN 55038 City Administrator, During the tobacco sales compliance check that I recently conducted the following businesses in your city that are licensed to sell tobacco failed the check. I directed an underage buyer into this business for the purposes of ensuring that the business is taking the appropriate measures to sell their tobacco products to adults. The businesses that failed the compliance check are listed below. Corner Express 1990 Main St Platinum Liquor 7093 20 Ave The employee that sold the tobacco to the underage buyer was cited for the violation under state statue 609.685, this violation is a misdemeanor. 1 am advising you of the violation since this sale to the underage buyer may also be a violation of your city ordinance. Please feel free to contact me if you have any questions regarding this matter. Sincerely, Matthew Langreck CLPD Tobacco Compliance Officer 99 V • TO: Honorable Mayor and Council Members FROM: Staff SUBJECT: Tobacco Compliance Checks DATE: December 23, 2011 Staff has forwarded congratulatory or civil penalty letters to the appropriate establishments. 100