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HomeMy WebLinkAbout2004-06-09 Executive Session & CC Meeting ~ EXECUTIVE SESSION & COUNCIL MEETING Wednesday, June 9, 2004 5:30 & 6:30 P.M. (RESPECTIVELY) EXECUTIVE SESSION (Closed - Unless Otherwise Noted) L CALL TO ORDER L CALL TO ORDER :1 "Ii,{,4.. _~ ~MSR;: ::cussION1)J ~ : bD~~!~ ~f"if' '11 (yP-' '1 i vl)- vlt~, ~. ~r''Jj~)/ . y/~ c~~ 9<tJ11\<'rJ<):Y , ,;I'" '11~.~. ,r j J" fY, 1v" J1'c: ;r:~^ 7' 1JV- ~1 1\.~ ,l ,J'1'lti>" ~ i ''1.\~A 0( 1 K~ APPROVAL OF COUNCR. MINUTES 0 vtA1"\V 1. May 26, 2004 City Council Meeting Minutes J) CONSENT AGENDA 1. Personnel Issues n. m. ADJOURN COUNCIL MEETING 1. Roll Call n. m. APPROVAL OF AGENDA IV. 1. City of Centerville May 27, 2004 througb June 9, 2004 Claims Z. Centennial Fire District - June 4, 2004 Claims 3. Planning & Zoning Commission's Recommendation for Appointment of Mr. Jeft'Hanzal V. A W ARDSIPRESENTATIONS/APPEARANCES 1. Mr. Greg Nohner- President (Association ofSiogle Townhomes of Eagle Pass Cottages) VL PUBUC HEARINGS 1. Mr. Clay "Pete" Alcock - 1806 Maio Street (Mill Road Extension Vacation Request) - (Tabled from Previous Meeting) vn. NEW BUSINESS 1. Ethics Policy (paulsetb) 2. Annual Investment Report (paulseth) vm. OLD BUSINESS 1. Chauncey Barett Gardens Phase II - Request to Waive Fees for Building Permit - Resolution #04-025 2. Potentially Dangerous Dog - 1971 South Robin Lane 3. Tobacco License - Center Mart (Update - Background Check Completed) 4. Purchase Agreement - St. Paul Water Utility/City ofCenterville Vacant Lot LaMotte Drive (parks & Rec. Recommendation) 5. Gassen Companies - Letter to Mr. Mike Quigley & Swift Construction/Sharper Homes (Tom P.) 6. Personnel Policy 7. Parks and Recreation Park Dedication Fees (Commericalllndustrial Development) 8. Recommendation for Hiring Two (2) FuB Time Public Works Maintenance Workers IX. ANNOUNCEMENTSIUPDATES 1. Receipt of Certified Letter From Mr. & Mrs. Michael Johnson (7046 Brian Drive) 2. Mr. & Mrs. Joel Swenson (7016 Brian Conrt) X. ADJOURNMENT , , , I I 1- _ _ _ _ _ _ _ __. __ __ __ ____ __ __ __ _ ____ __ ____ __ __ __ __ __ __ __ __ __ __ __ __ __ __ _ _ __ __ __ __ _ _ __ _ _ _ vm. OLD BUSINESS 1. Chauncey Bare<< Gardens Phase II - Request to Waive Fees for Building Permit - Resolution #04-025 Potentially Dangerous Dog - 1971 South Robin Lane Tobacco License - Center Mart (Update - Background Check Completed) Purchase Agreement - Sf. Paul Water Utility/City of Centerville Vacant Lot LaMotte Drive (parks & Rec. Recommendation) Gassen Companies - Letter to Mr. Mike Quigley & Swift Construction/Sbarper Homes (Tom P.) Personnel Policy Parks and Recreation Park Dedication Fees (Commerical!Industrial Development) Recommendation for Hiring Two (2) FuB Time Public Works Maintenance Workers 2. 3. 4. 5. 6. 7. 8. IX. ANNOUNCEMENTSIUPDATES 1. Receipt of Certified Letter From Mr. & Mrs. Michael Johnson (7046 Brian Drive) Mr. & Mrs. Joel Swenson (7016 Brian Coort) 2. x. ADJOURNMENT &~= EXECUTIVE SESSION & COUNCIL MEETING Wednesday, June 9, 2004 5:30 & 6:30 P.M. (RESPECTIVELY) EXECUTIVE SESSION (Closed - Unless Otberwise Noted) L CALL TO ORDER 1. Roll Call II. ITEMS OF DISCUSSION 1. Personnel Issues IlL ADJOURN COUNCIL MEETING CALL TO ORDER 1. Roll Call II. APPROVAL OF AGENDA L IlL APPROVAL OF COUNCIL MINUTES 1. May 26, 2004 City Council Meeting Minutes IV. CONSENT AGENDA 1. City ofCenterville May 27, 2004 tbrougb June 9, 2004 aaims 2. Centennial Fire District - June 4, 2004 Claims 3. Planning & Zoning Commission's Recommendation for Appointment of Mr. Jeff Hanul V. A W ARDSIPRESENTA nONS/APPEARANCES 1. Mr. Greg Nobner- President (Association of Single Townhomes of Eagle Pass Cottages) VL PUBUC HEARINGS 1. Mr. Clay "Pete" Alcock - 1806 Main Street (Mill Road Extension Vacation Request) - (Tabled from Previous Meeting) VII. NEW BUSINESS 1. Ethics Policy (paulseth) 2. Annual Investment Report (Paulseth) r I I I I I I I I '" EXECUTIVE SESSION & COUNCIL MEETING Wednesday, June 9, 2004 5:30 & 6:30 P.M. EXECUTIVE SESSION (Closed - Unless (RESPECTIVELY) Otherwise Noted) S/ fi.<,& t/' 1)\ .tervilfe 'Esta6flSlietl1B57 yt CALL TO ORDER 1. RoD Call n. ITEMS OF DISCUSSION 1. Personnel Issnes III. ADJOURN COUNCIL MEETING L~'/ CALL TO ORDER 1. Roll Call lJf./ APPROVAL OF AGENDA .~" Ill. APPROVAL OF COUNCIL MINUTES (kaA-/~ 'B~~eY-^, c~ ( C~-'-' 1. May 26, 2004 City Council Meeting Minutes ~\ ~NSENT AGENDA ~// 1. City of Centerville May 27, 2004 through June 9, 2004 Claims ~x 2. Centennial Fire District - June 4, 2004 Claims ~ 3. Planning & Zoning Commission's Recommendation for Appointment of Mr. Jeff Hanzal V. A WARDSIPRESENTATJONS/APPEARANCES vL" Mr. Greg Nohner - President (Association of Single Townhomes of Eagle Pass Cottages) . VI. .PUBLlCHEARINGS, ..AJI ~ fuyJ ~~..<{ COr '~fH ~s. ~ Mr. Clay "Pete" Alcock -1806 Main Street (Mill Road Extension Vacation Dtf - () Ii Request) - (Tabled fro~ Previous Meeting) 1: 5":5' 0'UtLU- (?~/f?ftffvC~ ~ VB. NEW BUSINESS / r~~ / Le...c. {M? NV. ~~ .JJ , VI. Ethics Policy (paulseth) r Jv-r I ' r VI 0 '-V v '-<-< ~./ Annual Investment Report (paulseth)- ~ -/-6 h~ /2e-<;.t~ rv ssJJ ~~ tv ~ p,",-~ ., ~I iY" ./ Chauncey Barett Gardens Phase n - Request to Waive Fees for Building Permit - Resolution #04-025 p~~. . ~"nI,J./-/ . A ~ Potentially Dangerous Dog -1971 SouthR'1bm Lane' Cvf ~ Tobacco License - Center Mart (Update - Background Check Completed) Purchase Agreement - Sf. Paul Water Utility/City of Centerville Vacant Lot LaMotte Drive (parks & Rec. Recommendation) Gassen Companies - Letter to Mr. Mike Quigley & Swift Construction/Sharper Homes (Tom P.) . Personnel Policy ~ ~ fv air 1m ;k.N.raw Parks and Recreation Park Dedication Fees (CommericallIndustriaJ Development) ~ Recommendation for Hiring Two (2) Fun Time Public Works Maintenance IX. ANNo:::==k~ Iv uvdfe I hh-~ ~ Receipt of Certified Letter From Mr. & Mrs. Michael Johnson (7046 Brian Drive) :. / Mr. .& Mrs. Joel Swenson (701~ Brian Court) .(AJ', S(e'W-d . \::Y P<WLY\q 'PD La.1'YkXk t>o-v-t~ L.oi- - . OYI'- 1~ X. ADJOURNMENT 4-. ~~ k~<>s jw;ct: . ; '. - -1' ~ b<-r b',) 75vcl - jJe-ultJ . ~~ ! If. - SeAJ! CXAhlfdl V I tvu V/.v' . j iL : / _..iJ-- }6Aw: ie:1fiu ~,j{I<-' ~'-fl- ~ ~ ~J):.e.-uj. . . ~ ~ ~ ft~d tu-d j~' tr 'f91y~ ~ ~ 1 ~ /J fjAP!J1 I' ~ , ~ wrU ~. CMc ~I<<-ty I \ tv /Jp~' c:U~f- ~~~ ~~ I ak- ~ ~~I/~~ . - V ~ !{f~ ~ tdtf/tL f I:&.~ 1_ L/J.~~c11 ~tz. uJ-vU ccr U p,.~ ~~':s ~2 Th~' . ~ ~'A<-~#4"-u4 .~,.J'5 ~. vm. OLD BUSINESS \Y.' J/~~ " v-()...-)/~~ '-; fJ _fut'lf,e'r~k, .:t - I~. t/J-' /-t .10:: ./ (.,..... V"'~ - {.>L5l ~? 1& . ';;fO~-~ ...-/ *. U/ &:00 CITY OF CENTERVILLE CITY COUNCIL MEETING MAY 26, 2004 6:30 p.m. Pursuant to due call and notice thereof; the City of Centerville held their regularly scheduled meeting on May 26, 2004, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Lee Council Member Paar Council Member caRra t None 0 City Administrator, Ms. Moore-Sykes City Attorney, Mr. Hoeft City Engineer, Mr. Peterson ABSENT: STAFF: L CALL TO ORDER Mayor Sweeney called the May 26, 2004, City Council meeting to order at 6:30 p.m. n. SET AGENDA Mayor Sweeney added the April 14,2004 Executive Session Minutes, and 20th Avenue UF. Council Member Capra requested that an on street parking moratorium during the construction season be added and Eagle Pass Townhome Association under Old Business. Ms. Moore-Sykes requested that the street vacation public hearing be tabled and that a provisional tobacco Iicel\se be added to the agenda. Motion by Council Member Broussard Vickers. seconded by Council Member Lee to anoroye the a2enda as amended. All in favor. Motion carried unanimouslv. III. APPROVAL OF COUNCIL MINUTES 1. May 12. 2004 City Council Meeting Minutes 2. ADri114. 2004 Executive Session Meeting Minutes City of Centerville May 26, 2004 Council Meeting Minnles Mayor Sweeney requested the following changes: On Page 4 of 12, second sentence indicate it is a software update to work with the current operating system. On Page 7 of 12, third paragraph from the bottom take out received bids. Correct Northland Public Finance to Northland Securities. Council Member Capra requested that the spelling ofGoiffon be corrected. Motion bv Council Member Lee. seconded bv Council Member CaDra to aDDrove the Mav 12. 2004 City Council Meetin!: Minutes as amended. AIl in favor. Motion carried unanimouslv. April 14, 2004 Executive Minutes Council requested that the times be added. Recess at 10:20 p.m. and reconvene at 12:05 a.m. adjourn at 12:08 am. Motion bv Council Member Broussard Vickers. secouded bv Council Member Paar to aODrove the ADril14. 2004 Executive Minutes as amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA I. The City of Centerville May 12, 2004 through May 26, 2004 Claims for Approval 2. Centennial Fire District Claims 3. Centennial Lakes Police Department Claims April 15 - April 30, 2004 4. Centennial Lakes Police Department Claims May 1- May 13, 2004 Council Member Broussard Vickers questioned why the police department uses a different attorney. She also asked for more information on the Labor Relations consulting fees and for clarification on the phone bills for the department. Ms. Moore-Sykes indicated that she would provide information on the questions asked. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to aoorove the Cousent A2enda as oresented. AIl in favor. Motion carried unanimously. V. A W ARDS/PRESENTATIONS/APPEARANCES None. VL PUBLIC HEARINGS 1. Mr. Robert Burgstahler. 7381 Old Mill Road (Lot Split) 2. Mr. Robert Burgstahler. 7381 Old Mill Road (Rezone from R-l to R-2 Page 2 of 11 City of Centerville May 26, 2004 Council Meeting Minutes Mayor Sweeney opened the public hearings at 6:53 p.m. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to close the public hearinl!S on the lot split and rezone. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearings at 6:55 p.m. Motion bv Council Member Capra. seconded by Council Member Broussard Vickers to rezone from R-l to R-2 as reauested. All in favor. Motion carried unanimousJv . Motion by Council Member Lee. seconded bv Council Member Pur to approve the lot split of 7381 Old Mill Road as reouested. All in favor. Motion carried unanimousJv. 3. Street Vacation/Easement Submitted by Mr. Clay Alcock (Mill Road Extension) Motion by Council Member Broussard Vickers. seconded bv Council Member Lee to continue the public hearing to the next meeting. All in favor. Motion carried unanimously. vn. NEW BUSINESS 1. Pay Estimate #1 - Hunter's Crossing 2nd Addition Phase I - Northdale Construction $113.493.46 Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to approve as recommended bv the City Engineer. All in favor. Motiou carried unanimousJv. 2. Sandblasting Proposal for the 1985 Plow Truck - Not to Exceed $ 1.000 Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to approve the repair and refurbishing of the dump truck as proposed bv Staff. Council Member Lee asked if that was a vehicle that was scheduled to be replaced. Mr. Palzer indicated that the large dump truck would be kept for eight (8) more years. VOTE: All in favor. Motion carried unanimouslv. Page3 of 11 City of Centemn. May 26, 2004 Council Meeting Minutes 3. Elevation of Pond Piping - Further Consideration of Pond Dredging Mr. Peterson indicated he would like to confinn the elevations because he believes the culvert under 7200 is too high. 4. Church of St. Genevieve Request for Bingo. Raffle. Paddlewheel. Pull-Tabs and Tipboards at their August 15. 2004 Festival Motion bv Council Member Caora. seconded bv Council Member Broussard Vickers to auurove the reDuest of St. Genevieve for a uermit for Binl!O. Raftle. Paddlewheel. Pun-Tabs and Tioboards at the August 15. 2004 Festival and waive the fees as requested. An in favor. Motion carried unanimousIv. 5. On Street Parking Waiver Council Member Capra asked if it were possible to waive the on street parking requirements during the street reconstruction. City Attorney Hoeft recommended that the police just use discretion as it would be time consuming and expensive to amend the ordinance or institute an interim ordinance for a short term. 6. Provisional Tobacco License for Center Mart Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to aoorove a urovisionallicense for two months to allow time for the backl!round check but orior to the start of the license insurance certificates are to be orovided to the City. AD in favor. Motion carried unanimouslv. VIR OLD BUSINESS 1. Jackson Commercial Town Office Park Phase I/TIF Financing City Attorney Hoeft reviewed the proposed changes to the development agreement. Council Member Broussard Vickers. seconded bv Council Member Lee to auurove the develoument agreement. AD in favor. Motion carried unanimouslv Mayor Sweeney indicated that if the Comprehensive Plan is not amended then the rezoning is not effective. City Attorney Hoeft indicated that the Comprehensive Plan is amended because the City authorized the rezoning and preparation of the paperwork was to be handled and funded by the developer. Page 4 of 11 City ofCenterville Mlly 26, 2004 Council Meeting Minutes City Attorney Hoeft clarified that the City has amended the Comprehensive Plan and all that is necessary is Met Council approval. He then said that any member voting in the affirmative can make a motion to reconsider and ask for a second to bring the matter back to the table. Ken Carpenter addressed Council and asked Members to consider that all the issues with the properties would go away with this development and there are benefits for the City to authorize the TIF financing. Brian Hanson, 1950 Center Street., addressed the Council and indicated that the City has had five TIF districts and three of those were residential TIP districts. He then asked whether that sets a precedent in the City. City Attorney Hoeft indicated there are no requirements there. Mr. Hanson indicated that one of the areas that the residential TIF was set up for was Center Oaks property that is adjacent to this piece and he assumes the reason for doing so was the soil issues in Center Oaks. Mr. Hanson indicated the request for TlF for this area would fall, in his opinion, under the same types of circumstances including very poor soil. He then said that this would bring tax base to the City and it develops an area of the City by bringing an area into the tax base that may not develop for some time. He also asked Council to really look hard at it because the money that would come out of the TIF district could benefit the City in a number of ways. Mr. Carpenter indicated that this type of development provides screening with townhomes to the commercial district and residents are more likely to agree to that than some other type of development. Mayor Sweeney commented that he talked to someone the other day at Comer Express and they said that they were hoping the TIF did not go through and when asked why, the person did not have an answer. He then said that when he explained the TIF process and the potential benefits to the City this person changed his mind. Mayor Sweeney indicated he would like to see the additional residents and commercial development come to town. Council Member Broussard Vickers indicated she looks at the broader issues and she feels that the development would not occur but for the TIF financing. She then said that she likes the proposed use for the property and feels it would be a nice fit for the community and the potential to use T1F dollars for other projects within the City. Council Member Paar clarified that he is not against the project but is against the City financing it with TlF. He then said that he has done the research and spoken to a lot of people and it seems to him that the property owners get their money, the developer gets PageS of 11 City of Centerville May 26, 2004 Council Meeting Minutes his money and someone has to pay the difference and he does not want the City to be taken advantage of. Council Member Paar commented that the latest information on TIF from Scott came from Brooklyn Center and they are the highest taxed city in the state and they are heavily TIF. He then said that he did not go into this close minded, has done the research and he feels this is not a good idea for the City in the long run. Council Member Paar indicated that with all the development going on in Lino Lakes he does not think the property will sit for years without development. Council Member Capra indicated that she agreed with Council Member Paar and commented that this started last year with the townhome offices and now those are not going to be done because the City is saying no to TIF. She then said that there were residential TIF's done previously but that was when the interest rates were 10%. She then said that it is a sad state of affairs when two people cannot come to terms on the small piece of property. She further commented that her compromise was to rezone because it gives the people what they were looking for but she does not feel that TIF financing is in the best interest of the City. Mr. Carpenter commented that he had heard that the City had a recommendation that the figures were favorable for a TIF situation. Council Member Lee said he agrees that this property is commercially blighted and unable to bring businesses in. He then said that he does not think there is any evidence that it is residentially blighted. He further commented that he feels that the County Road 14.froject will be a boon for commercial growth in that area and should mean growth for 20 Avenue. Council Member Lee indicated that he heard the comment that there is property in other communities that would not require the work so he is concerned and confused as to why a developer would want to go through all the trouble if there is other property available that would not require this much trouble. He then said that someone is picking up the tab to ensure that the developer gets his money and the property owners get their money and he does not want that to be the taxpayers. Council Member Lee commented that this has been talked about for months and he has struggled with it and he has struggled with it because something is not right. He then said that he is disappointed that the office townhomes are not going in but the developer had the ability to move forward and the fact that they only intended to do the project with TIF financing figured into his decision. Page 6 of 11 City of Centerville May 26, 2004 Council Meeting Minutes 2. Resolution #02-024 - Award of the G.O. Bond for the 2004 Street Improvement Proiect Mr. Eilertson reviewed the bids received and noted that Wells Fargo was the low bidder. He then noted that the A2 rating assisted with getting underwriting so for this bonding the City has a AAA bond rating. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to aDDrove Resolution #04-024 awardinl! the I!eneral oblil!ation bond sale to Wells Fareo. All in favor. Motion carried unanimouslv. 3. Brian Drive & CSAH 14 Construction Projects Council Member Capra provided photographs and asked the Engineer to show what would be done by Mr. and Mrs. Johnson's house. Mr. Peterson explained and showed on the picture how it would work and explained that the reason is to center the road over the culvert. Mr. Peterson drew a picture on the board of the proposed changes. Council Member Paar indicated the reason for the 6 feet to the west was to keep the trees and the alignment is better. Council Member Broussard Vickers asked that a letter be sent to the Johnsons explaining the reason it was configured as it was. Council Member Capra asked about the timing. Mr. Peterson explained that due to complications on other jobs they rescheduled and, since this is an easier portion of the job, it will be done first but still assessed in the fall. Kevin Fogerty of 7088 Brian Drive asked for an update on the project because he arrived late to the meeting. Council provided an overview of the project to Mr. Fogerty and explained that splitting the difference on either side of the street would mean losing the trees that Council was asked to keep. Council Member Broussard Vickers indicated that if residents are not concerned with the trees then she would want the street to be widened to City standards. 4. Proposed Purchase of St. Paul Water Services Vacant Lot at 1601 LaMotte Drive Council Member Capra asked if Ms. Paulseth reviewed the figures. Page 7 of II City ofCenterville May 26, 2004 Council Meeting Minutes Ms. Paulseth indicated that the funds are available for the purchase. Mr. PaIzer indicated there may be an issue as there may need to be something done for storm drainage retention for the street. Mr. Peterson indicated he would look into a possible location for the ponding. City Attorney Hoeft indicated that if the City does not put it on City property the City will have to buy property to put it on. Council Member Capra asked if Ms. Moore-Sykes talked to Lino Lakes about CenterviIle owning property there. Ms. Moore-Sykes indicated she contacted Lino Lakes and it was mentioned that Lino would consider purchasing the adjoining parcel for a potential joint park. Ms. Moore-Sykes indicated she would contact Lino Lakes Staff for further information. City Attorney Hoeft recommended Staff be directed to contact them and tell them to begin drafting the documentation. He then indicated that he has no issue with the rider the City has been asked to sign with regard to the pathway. 5. St. Paul Regional Water Services Third Rider to Agreement (Trail Behind Hunter's Crossing 2nd Addition Phase I Motion bv Council Member Broussard Vickers. seconded bv Council Member Caora to aporove with the condition that it he a 10-foot &suhalt trail. AD in favor. Motion carried unanimouslv. 6. 1540 Peltier Lake Drive (Complaint Update) Mr. PaIzer indicated that progress is being made at the property. Ms. Moore-Sykes indicated that the City Clerk had contacted the Chief and extra patrols were being done and they are aware of the situation. Council Member Capra asked how long a resident has to complete the project. City Attorney Hoeft indicated the City can trim trees and cut grass and assess the cost back to the property but there are no time limitations on the property owner or the City with regard to the dwelling. Council Member Broussard Vickers asked what the issue with the neighbors is. Page 8 of 11 City of Centervil1e May 26, 2004 Council Meeting Minutes Ms. Moore-Sykes indicated that maintenance of the lawn is an issue but the property is being mowed. Council Member Capra asked if there is running water at the home. Mr. Palzer indicated there is cold water at the property. Council asked that Staff keep labs on the property to make sure that the lawn is kept mowed and to inform the concerned residents of the current status. 7. 7020 Brian Court (Drainage) Mr. Peterson indicated that the drainage elevation is proper. Mr. Swenson indicated that for six years he never had any water issues then the culvert was put in and now he has water. Mr. Carlson indicated that he has done research and it is his contention that the yard of Mr. Swenson and his yard have had water at times during the year. He then said that this is a private matter because Council has ruled on it and he is tired of having to readdress this matter time and again. He further asked that Council consider this matter closed. City Attorney Hoeft indicated that the engineer has stated that, in his professional opinion, the drainage is proper and that is the end of the City's involvement. Mr. Swenson asked why the draintile did not go into the culvert. Mr. Carlson indicated that it is two inches lower to allow for flow. Mr. Carlson asked whether this would be placed back on the agenda or if the matter was finished. City Attorney Hoeft advised Mr. Carlson that anyone can ask that an item be placed on the agenda so there is no way of assuring him that this will never be before Council again. 8. Recommendations for Hiring Two (2) Public Works Maintenance Employees Ms. Moore-Sykes indicated that interviews are scheduled for June 4,2004. 9. Eagle Pass Townhomes Council asked Staff to determine whether any issues raised in the letter are City responsibility and report back to Council. Page 9 of 11 City of Centerville May 26, 2004 Council Meeting Minutes lX. ANNOUNCEMENTSIUPDATES 1. Donation from Bonestroo. Rosene. AnderIik & Associates - $275 Council thanked Mr. Peterson for his firm's donation. 2. Moody's Rating Re.,port - A2 Mr. Eilertson indicated that the City's rating is A2 and AAA for the bond just sold. 3. Ms. Julie Lindsey. 1687 Sorrel Street - Complaint Update Mr. Palzer reported that no evidence of rodent infestation was found at the property. Council Member Broussard Vickers asked that the property be kept up and that the resident be informed that there was no rodent infestation at the property. 4. Tri-Citv Uodate Council Member Capra indicated she attended the meeting and the group is looking for approval of the Joint Powers Agreement. City Attorney Hoeft indicated that this agreement does not obligate the City to any funds and the City can pull out for any reason at all. Council Member Capra indicated the name for the group is tentatively going to be D5WE. Motion bv Council Member Canra. seconded bv Council Member Lee to annrove the Joint Powers A!!reemeot for TraosDortation Infrastructure Plannin!!. All in favor. Motion carried unanimouslv. 5. 1971 S. Robin Lane - Potentiallv Dangerous Dog Ms. Moore-Sykes indicated there would be a hearing on the matter on June 9, 2004. Mayor Sweeney asked that the Planning Commission be asked to consider allowing six (6) foot sideyard setbacks to allow residents to construct a third stall on their garages. He then explained that he had requests from residents on the matter. Council Member Broussard Vickers asked the Mayor to check with the Fire Chief to determine whether the fire department would have any issues with a reduced sideyard setback. PagelOofI1 City of Centerville May 26, 2004 Council Meeting Minutes X. EXECUTIVE SESSION 1. R & R Leasing - Tentative Agreement Council recessed to executive session at 8:34 p.m. XI. ADJOURNMENT Motion bv Council Member xx. seconded bv Council Member xx to adiourn the Mav 26. 2004 City Council Meetin2 at xxxx n.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial. Inc. Page 11 of 11 City ofCenterville May 26, 2004 Council Meeting Minutes X. EXECUTIVE SESSION I. R & R Leasing - Tentative Agreement Council recessed to executive session at 8:34 p.m. Council reconvened the regular session at 8:40 p.m. During the executive session Council discussed the proposed settlement offer from R & R Leasing. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to accent the submitted settlement offer bv R & R Leasinl!. AU in favor. Motion carried unanimouslv. XI. ADJOURNMENT Motion bv Council Member Broussard Vickers. secouded bv Council Member Paar to adiourn tbe Mav 26. 2004 City Council Meetinl! at 8:45 n.m. AU in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, 1m:. Page II of II , '" tervi{{e 'Esta6fis/iea 1857 RECEIPTS AND DISBURSEMENTS MAY 27 THROUGH "UNE 4, 2004 RECEIPTS DISBURSEMENTS $14,138.91 $101,&03.74 - NOTE: AN UPDATE ON DISBURSEMENTS AND RECEIPTS WILL BE HANDED OUT ON JUNE 9. 2004 Amount CITY OF CENTERVILLE Cash Receipts May 27 through June 4, 2004 Tran Date Refer Comments FUND 101 GENERAL FUND Act Type G General Ledger $O.SO 61212004 $O.SO 6/2/2004 $1.S0 6/2/2004 $7.S0 61212004 $O.SO 6/2/2004 $O.SO 6/2/2004 $O.SO 612/2004 $1.S0 613/2004 $91.40 6/4/2004 Act $104.40 Act Type R Revenue $9,000.00 $2S.00 $329.94 $2S.00 $109.38 $8.S0 $100.00 $2S.00 $20.00 $180.48 $8.S0 Act $9,831.80 FUND $9,936.20 61212004 61212004 61212004 6/212004 61212004 6/2/2004 6/212004 6/2/2004 612/2004 6/3/2004 61312004 Batch Name 8 7167 GRANGEVIEW 06-02-04 4 7005 LAMOTTE DR - 06-02-04 7 1858 PRAIRIE DRIVE - 06-ll2-ll4 6 6818 SUMAC COURT - 06-02-04 4 700S LAMOTTE DR - 06-02-ll4 11 6913 TOURVILLE CIRCLE - 06-ll2-04 10 7354 OLD MILL ROAD - 06-02-04 1778 DUPRE RD - 04-045 06-03-04 o UB UR Receipt Group 01 06-404UT 12 SETTLEMENT OFFER 06-02-04 11 6913 TOURVILLE CIRCLE - 06-02-04 6 6818 SUMAC COURT - 06-02-04 10 7354 OLD MILL ROAD - 06-02-04 7 1858 PRAIRIE DRIVE - 06-ll2-04 9 DOG TAG #2004-2005 #19106-02-04 8 7167 GRANGEVIEW 06-02-ll4 4 700S LAMOTTE DR - 06-02-04 4 700S LAMOTTE DR - 06-ll2-ll4 1778 DUPRE RD - 04-04S 06-03-ll4 14 2004-2005 DOG TAG # 0189 06-03-04 FUND 415 STORM WATER IMP PROJECTS Act Type R Revenue $69.12 $1.04 $3.55 $10.41 $39.93 $3.32 $0.50 $5.00 $132.87 Act 6/2/2004 61212004 6/2/2004 6/2/2004 6/3/2004 6/3/2004 6/412004 6/4/2004 FUND $132.87 FUND 601 WATER FUND Act Type G General Ledger $1.44 61212004 Act $1.44 Act Type R Revenue $22.10 $79.00 $2.21 $7.90 $17.51 $398.81 $7.41 $118.98 $3.40 $34.00 Act $691.32 FUND $692.76 612/2004 6/2/2004 6/2/2004 612/2004 61212004 6/2/2004 6/3/2004 6/312004 61412004 614/2004 o UB Receipt Serv 10 DRAIN o UB Receipt Serv Pen 10 o UB Receipt Serv Pen 10 o UB Receipt Serv 10 DRAIN o UB Receipt Serv 10 DRAIN o UB Receipt Serv Pen 10 o UB Receipt Serv Pen 10 o UB Receipt Serv 10 DRAIN 060204ut 06-204 060204ut 06-204 060304UT 060304UT 060404ut 060404ut o UB Receipt Surc 1 SALES 060204ut o UB Receipt Serv 15 WATER 060204ut o UB Receipt Serv 1 WATER 06-204 o UB Receipt Serv Pen 15 060204ut o UB Receipt Serv Pen 1 06-204 o UB Receipl Serv Pen 1 060204ul o UB Receipt Serv 1 WATER 060204ul o UB Receipt Serv Pen 1 060304UT o UB Receipt Serv 1 WATER 060304UT o UB Receipt Serv Pen 1 060404ul o UB Receipt Serv 1 WATER 060404ul "" 06/04/04 1 0:05 AM Page 1 Account Oescr G 101-24502 Mech. Permtt SurCharge G 101-24503 Elec. Perm. Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24500 Bldg. Permit Surcharge G 101-24502 Mech. Permtt Surcharge G 101-24S03 Elec. Permit Surcharge G 101-24503 Elec. Permtt Surcharge G 101-24500 Bldg. Perm. Surcharge G 101-11500 Accounts Receivable R 101-49200-36200 Miscellaneous R 101-42403-32225 Electrical R 101-42400-32210 Building Perm.s R 101-42403-32225 Electrical R 101-42400-32210 Building Permits R 101-42700-32200 Animal Licenses R 101-42400-32212 Mechanical R 101-42403-32225 Electrical R 101-42400-32212 Mechanical R 101-42400-32210 Building Perm.. R 101-42700-32200 Animal Licenses R 415-43000-32350 Slorm Water R 415-43000-32350 Storm Water R 415-43000-32350 Storm Water R 415-43000-32350 Storm Water R 415-43000-32350 Storm Water R 415-43000-32350 Storm Water R 415-43000-32350 Storm Water R 415-43000-32350 Storm Water G 601-20800 Slale Sales & Use Tax R 601-49400-37100 Water Sales R 601-49400-37100 Water Sales R 601-49400-371 00 Water Sales R 601-49400-37100 Waler Sales R 601-49400-37100 Waler Sales R 601-49400-37100 Water Sales R 601-49400-371 00 Water Sales R 601-49400-371 00 Water Sales R 601-49400-371 00 Water Sales R 601-49400-37100 Water Sales FUND 602 SEWER FUND Act Type R Revenue $628.37 $29.85 $10.20 $49.00 $4.90 $102.00 $391.31 $32.61 $49.00 $4.90 Ad $1,302.14 FUND $1,302.14 6/212004 6/212004 612/2004 612/2004 6/2/2004 6/212004 613/2004 6/312004 6/4/2004 6/4/2004 o UB Receipt Serv 6 SEWER o UB Receipt Serv Pen 6 o UB Receipt Serv Pen 6 o US Receipt Serv 18 o UB Receipt Serv Pen 18 o UB Receipt Serv 6 SEWER o UB Receipt Serv 6 SEWER o UB Receipt Serv Pen 6 o US Receipt SeN 6 SEWER o UB Receipt Serv Pen 6 FUND 619 SAVINGS & CD INTEREST Act Type R Revenue $2.79 $19.80 $2,052.35 $2,074.94 Ad FUND $2,074.94 $14,138.91 Name 6/112004 6/112004 6/112004 1 Interest on 4M Fund May 3 Interest on Checking May 2 Interest on investments 060204ut 060204ut 06-204 060204ut 060204ut 06-204 060304UT 060304UT 060404ut 060404ut R 602-43200-37200 Sewer Sales R 602-43200-37200 Sewer Sales R 602-43200-37200 Sewer Sales R 602-43200-37200 Sewer Sales R 602-43200-37200 Sewer Sales R 602-43200-37200 Sewer Sales R 602-43200-37200 Sewer Sales R 602-43200-37200 Sewer Sales R 602-43200-37200 Sewer Sales R 602-43200-37200 Sewer Sales 05/31/04int 05/31/04int 05/31/04;nt R 619-49200-36210 Interest Eamin9s R 619-49200-36210 Interest Earnings R 619-49200-36210 Interest Earnings *Check Summary Register@ JUNE 2004 10100 MAIN STREET BANK Paid Chk# 019236 ACCLAIM BENEFITS Paid Chk# 019237 AT & TWIRELESS SERVICES Paid Chk# 019238 AVLIC Paid Chk# 019239 BONESTROO, ROSENE, Paid Chk# 019240 CENTENNIAL LAKES POLICE Paid Chk# 019241 CLEARWATER CREEK Paid Chk# 019242 COVERALL OF THE TWIN Paid Chk# 019243 EMBEDDED SYSTEMS INC Paid Chk# 019244 EXCEL TELECOMMUNICATIONS Paid Chk# 019245 HAWKINS WATER TREATMENT Paid Chk# 019246 HUGO FEED MILL Paid Chk# 019247 IMAGE PRINTING & GRAPHICS Paid Chk# 019248 INTERNATIONAL UNION OF Paid Chk# 019249 METRO SALES INCORPORATED Paid Chk# 019250 METROCALL Paid Chk# 019251 METROPOLITAN COUNCIL Paid Chk# 019252 NATiONWIDE RETIREMENT Paid Chk# 019253 OFFICE MAX Paid Chk# 019254 PERFORMANCE AUTOMOTIVE Paid Chk# 019255 PUBLIC EMPLOYEES Paid Chk# 019256 ROGER VADNAIS PLUMBING & Paid Chk# 019257 SENSUS TECHNOLOGIES INC Paid Chk# 019256 STATE OF MINNESOTA Paid Chk# 019259 TIME SAVER Check Date 6/912003 61912003 6/912003 6/9/2003 6/9/2003 61912003 6/912003 6/912003 6/912003 61912003 61912003 61912003 6/912003 6/912003 6/912003 6/9/2003 6/9/2003 6/9/2003 619/2003 61912003 61912003 61912003 61912003 6/912003 Total Checks Check Ami $100.00 FLEXIBLE SPENIND ACCT 5-1-04-5 $183.72261-5733SERVTHRUMAY $606.00 DEF COMP PR WIH 6-3-04 $60,000.90 GENERAL - SERV THRU 5-1-04 $28,892.01 SERV FOR JUNE 2004 $26.88 FUEL FOR MAY 2004 $213.00 JUNE CLEANING SERV $396.00 6 MONTH SIREN MAINT. $4.20 SERV THRU 5-24-04 $1,007.00 CHEMICALS $16.31 OPERATING SUPPLIES $345.59 INFORMATIONAL WATERING WARNING $60.00 UNION DUE FOR JUNE $517.42 MAINT. AGREE - 5-21-04 THRU 8- $11.63 PAGER - 6-01-04 THRU 8-31-04 $1,336.50 MAY 2004 $198.52 DEF COMP W/H 6-3-04 $1,022.74 OFFICE SUPPLIES $114.07 DIAGNOSITC LABOR - TEST BATTER $1,635.60 PR W/H 6-3-04 $173.00 INSTALL NEW FLUSH KIT $4,050.00 STARS UPGRADE TO WINDOWS $500.00 MEMBERSHIP FEES FOR 7-1-04 THR $192.65 5-12-04 COUNCIL MEETING $101,603.74 Centennial Fire District Check Register 6/412004 The disbursements listed below are submitted by Ute Centennial Fire District for your approval: DATE 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/412004 6/4/2004 6/4/2004 6/412004 6/4/2004 6/412004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/412004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 614/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/412004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/4/2004 6/412004 6/4/2004 6/4/2004 CHECKtI NAME 14271 14272 14273 14274 14275 14276 14277 14278 14279 14280 14281 14282 14283 14284 14285 14286 14287 14288 14289 14290 14291 14292 14293 14294 14285 14296 14297 14298 14299 14300 14301 14302 14303 14304 14305 14308 14307 14308 14309 14310 14311 14312 14313 14314 14315 Anoka- Technical College Arthur Mohler Aspen Mills Best Buy Bob Stafki Brad RacuIt Bradley Stephens Centennial Utirrties CenlerPoinl Energy CiIgo Petroleum Corporation Connexus Energy David Bruder Discount Tire Company Emergency Apparatus Main1enance Emergency Me<fJCal Products. Inc. Fire 1ns1ructicn & Rescue Education, Inc. Glen Olson Jeff Amacher Kathy Mischke LaUl1il Louis McLecd USA Metro Fire M_ Mike Ryan Mike T. Peterson Milo Bennett MN Chapter IAAII Jeffrey G. Schadegg MN Fire Service Certification Board Red Rooster Auto Stores Ron FI_n ScoIt T. Mischke Steve Mach Target Thierry Chevallier Todd Gardner USI.lnc. Verizon Wireless Viking Office Products Bob Stafki Brad Racutt Bradley Stephens Forest Lake Ford GraIix Shoppe Northem Safety Technology. Inc. Superior Ford, Inc. ACCOUNT 42220. Travel. Conference, School 42220. Travel. Conference, School 42120 . Unifonn Expense 42180 . Office Supplies 4222O.Tra~,Co~ence,School 42220 - Travel, Conference, School 42220 - Tra~, Conference, School 42251 - Station 1 - Gas 42253 - S1ation 2 - Gas 42100 - Fuel and Lube 42252 - S1ation 1 - Electric 42220 - Travel. Conference, School 42000 - Vehicle Maintenance 42000 - Vehicle Maintenance 42280 - Medical Supplies 42280 . Training Expense 42220. Travel, Conference, School 42220 - Travel, Conference. School 42220 . Travel, Conference, School 42180 - Office Supplies 42240 - Telephone 42130 - Equipment Expense 42240 - Telepl1011. 42220 - Travel. Conference, School 42220 - Travel. Conference, School 42000 - Vehicle Maintenance -42200 - Dws and Memberships 42220 - Travel, Conference, School 42000 - Vehicle Maintenance 42220 - Travel, C~ce, School 42220 - Travel, Conference, School 42220 - Travel, Conference, School 42180 . Office Supplies 42220 - Travel. Conference, School 42130 - Equipment Expense 42180 - Office Supplies 42240 - Telephone 42180 - Office Suppfl8S 11100 - Fixed Asset. Equipment 11100 - Fixed Asset - Equipment 11100 - Foxed Asset. Equipment 11100 - Foxed Asset. Equipment 11100 - Fixed Asset - Equipment 11100 - Fixed Asset- Equipment 11100 - Foxed Asset - Equipment lofl AMOUNT 145.12 88.00 93.00 362.07 216.00 440.00 172.00 139.59 216.58 138.03 279.10 88.00 460.70 1,788.81 85.50 5.820.00 344.00 638.00 64.00 16.34 358.83 1,645.00 81.64 48.00 424.00 13.50 25.00 25.00 14.48 48.00 112.00 200.00 15.04 88.00 131.58 66.74 145.97 120.69 250.00 1,853.00 100.00 369.00 1.150.00 1,902.30 21.714.00 $42,292.59 May 6, 2004 Kim Moore-Sykes City of Centerville Dear Kim, I attended this Tuesdays Planning and Zoning meeting and have decided that I am interested in joining the committee. I have owned a floor covering installation business for 22 years and have had several years of constPUction and remodeling back round as a licensed contractor. I am a creative thinker and problem solver witch may be of benefit to the city of Center.viIle. ..lam interested in learning more about zoning and participating. . in the planning of Centerville's future. Please let me know if there are additional steps I need to take to be considered for a position. Look forward to hearing from you. PS. I also hear the pay is great!! L. t, OS/26/04 WED 15: 05 FAX 651 455 9497 I-STATE TRUCK CENTER 141002 .. " MAY-26-2004 15: 19, GASSEN ~s U;rt tVU,J7.>r'~-" . /,ffl7 k Iv 'k- d " I.I[:., I/1r--' ~ '+0 :Tu>vfk-e;;- {})<.JL~ljN e~n<~J; 1U'" , 'r ' ,f --r. I A"",~L. ~'r- q.t- c(}Yt--f&.,c.,- tVWX,l&tJy Yu<.'J r! UUJ ' , u, ro ~..coLdf-1<-4 kef. q dt,oe,,,-,, ){...{)ft.vz.. b'j ~ j~~f . -j flY1;; ~ +-0 ~/u,~ /,M-f' kxt /Sr frtfJ i- 'cf1io "IkfJ ~ 9529222004 9~~~d )v.--vru.,l<..U ?,'wJJ- M~', (~ ~- 1J!0/je z ~ r J!. i6'"t'W lfOL- (la P.02 ",~f May 26, 2004 Mike Quigly Gor-Em, LLC 1875 Commercial Boulevard NW Andover, Minnesota 55304 Kari Clark Jesse Roessler' Swift Constmction/Sharper Homes 9240 Baltimore Street NE Blaine, Minnesota 55449 RE: SINGLE TOWNIIOMES OF HAGJ.R PAsl;cnTIM:'~E-S P'Genterville" ~,-,..---" un"'"" n... - Dear Mike, Karl and Jesse: , Once again the Single Townhomes of Eagle Pass Cottages (Association) is bringing to your attention issues at Single Townhomes of Eagle Pass Cottages that remain incomplete, unsatisfactory or in violation of the Dewlopment Contract Eagle Pass 2nd,Addition _ all of tbe items listed below remain under warranty and must be completed in a timely basis. · Portage Way: water shut-off valves need to be cut down to below grade and aU 4X4 posts removed. · Port,ageWay: second asphalt drop. · Dupre Road boulevard: remove weeds & complete the sod work. · 7035 Dupre: (a) replace the two sidewalk section{s) in front of unit was cracked from construction equipment; (b) repair separated front stoop; (c) replace drive apron where . sunken; (d) MAJOR SOD REPAIRS NEEDED between 7035 & 7025 'Dupre (mostly weeds), both sides of drive, by mailbox, several areas between 7035 & 6987, South side of unit, by water main West side of drive; (e) drainage behind unit & SE of unit is NOT correct, continues to drain onto & over sidewalk along Dupre Road and pools in back of unit. DRAIN TILE or CORRECTED GRADING needed followed by hwn repairs and sod replacement; CO 3 dead shrubs in triangle and 2 dead shrubs by front door. · 6987 Portage: (a) dead sod by patio; (b) ruts, standing water & dead sod behind unit ALL DUE TO INCORRECT GRADING/DRAINAGE; (c) dead sod by curb; Cd) hole in asphalt corner of single garage; (e) dead sod garage West side. U~/Z~/U4 WhO l~:U~ ~'AA o~l 4n~ H4Hl I-STAT"; 'I1<UVK "";N'l'lili ~003 I .. , MAY-26-2004 15:19 GASSEN 9529222004 P.03 . 6985 Portage: (a) raiseA/C pad; (b) exposed wires: (c) dead sod by curb. · '6983 Portage: (a) dead sod under garage window, on North side, on East side and several large "gaps" in sod; (b) repair lawn by blvd tree; (c) dead sod near control box caused by standing water in back of unit due to INCORREcr GRADING/DRAINAGE; (d) raise control box, replace broken valve cover & raise two sprinkler head; (e) cut off shut off valve to below grade; (f) dead boulevard tree; (g) dead shrubs by front door; (b) poor driveway installation - was NOT compacted properly; needs to be repaired BEFORE the second drop is installed; 0) siding buckling by front door; G) threshold bowed due to , either bad footings or lack offootings - need to re-pour front stoop. . 6981 Portage: (a) dead sod East side house; (b) sunken area by back garage service door; (c) paint trim on garage service door; (d) dead boulevard tree. · 6979 Portage: (a) cut off pipe by "faux' rock; (b) finish landscaping & rock by front door - all shrubs dead & no sod at all; (c) both exterior doors leading to patio were not primed - need to be sanded, primed and painted. · 6977 Portage: (a) dead sod SW comer by patio; (b) repair washout area by patio; (c) _ d~d sod ALL ALO~(} PONbnp tnpinptrep: (d).-truJlch,trees. It is obvious that the mcorrect grading/drainage on the yard areas on Portage Way is an item that needs IMMEDIATE attention by you. The Association and management has been in contact with the City Administrator, Engineer and Public Works Director regarding this issue and will work closely with them to ensure this problem is corrected. The Association bas every intention of pursuing legal action against the responsible party (Gor-Em and/or Swift) to ensure these problems are resolved to the satisfaction of both the City of Centerville and the Association. Your immediate attention is appreciated. You must contact me by June ~ with a detailed list of action items that Gor-Em and/or Swift Will undertake to fix the defects described above. All repairs must be completed by June 30, 2004 and must NOT be undertaken till approved by the Association. Very truly yours, Jodie Woodrow Managing Agent for Single Townhomes of Eagle Pass Cottages Association Gassen Companies cc: Board of Directors; Portage Way Homeowners; City of CentervilIe Council Members; Mayor Sweeney; City Administrator Moore-Sykes; Public Works Director Palzer; City . Engineer Petersen; City Finance Director Paulseth; Attorney Kreitzman. /JAW TOTAL P.03 OS/26/04 WED 15:04 FAX 651 455 9497 I-STATE TRUCK CENTER 141001 .~. . __ ..:u. ~.<< ., ...._'i'li.Os.:.~;:a.. ~~g[~'l'. "1-_ ~.~~u--' if: ~ .... FAX o 2845 Long Lake Road ~ille,.MN55113 .o:Sl-"636-3400 800-554.-5469 Fax: 65 i -.636-8456 To; MAP-J .r:~:'~4 ... ',. '. '~"'~"'" ":'.:!.~:. :~."::;-.;. }-;...;'., ,', " '>;:. :I ~:,:,::' > L':~~~~:::;-.:' ,/:\y,(':-, .':',"; ... ~~~" .- ~...a.a:' '*' 1 I 152 C~.lSe Buu.Jevard InVerGroye ~ MN 55tJn 651-45.5-9715 888-377.-6590 Fat: 651-455--9497 ~=. CRJ29 AJdj~~__ ". ' ".".... ". ~",I . '';''.:,. ..... "',; "C,-l,'.'-","'..' . - .....""~ ." 7' . ..... ::<~~ '- ,(iUc~fui:t~), ~,. ~_~ d6 -{X! , ~.,.;. -~~ --~_.. - - --::_.-:~-- --..,---.- . . . C"i'f~~~' .'",.O~ - .. .. .. - ',. -'.. ;:W/ . .'. Fw~;;"~': . Q I'i= c.)r .1. "Q~'~~, . . , ".\ i~.. . ., "..' .. . " ... .~.. " .' "", ;~. ':.~ :~:::~ '-. ~:":Y~ . , ".' '. .. '~ '. .. .- ,'J .... W."M .; .).,~ .. , . ~ '!. ,:,':'/i~",- '.' . . ')>'~:' "!,' (~. :;:" ~ ".-.. ~ ts~ "t(. , ervi[[e STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVlLLE NOTICE OF PUBLIC HEARING REQUEST FOR STREETIEASEMENT VACATING THAT SECTION OF MILL ROADIEIGHTH STREET (THE PORTION LAYING EASTERLY OF WT 1, BLOCK 2, WESTERLY OF WT 13, BWCK 1 PETERSON'S ADDmON TO CENTERVILLE AND LOCATED SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF HUGO ROAD TO THE SOUTHERLY BOUNDARY LINE OF THE PLAT OF PETERSON'S ADDITION TO CENTERVILLE - 150' X 66') WCATED IN THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA. THE PUBLIC HEARINGS WILL BE HELD BEFORE BOTH THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City of Centerville will consider the street/easement vacation request from submitted by Mr. Peter (Clay) Alcock, 1806 Main Street. Mr. Alcock has requested that the City consider vacating this street easement due to the fact that the street has never been constructed and is not anticipated to be constructed in the near future. The meeting is scheduled for Tuesday, April 6, 2004 and Wednesday, April 14, 2004 respectively at 6:30 p.m. or shortly thereafter. The purpose of the meeting is to ascertain public input regarding the above request, the possibility of granting the vacation and the adoption of the resolution below. STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVlLLE RESOLUTION #04 - 017 A RESOLUTION VACATING THAT SECTION OF MILL ROADIEIGHTH STREET (THE PORTION LAYING EASTERLY OF LOT 1, BLOCK 2, WESTERLY OF WT 13, BWCK 1 PETERSON'S ADDmON TO CENTERVILLE AND WCATED SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF HUGO ROAD TO THE SOUTHERLY BOUNDARY LINE OF THE PLAT OF PETERSON'S ADDmON TO CENTERVILLE - 150' X 66') LOCATED IN THE CITY OF CENTERVILLE, ANOKA COUNTY, MINNESOTA ,- t WHEREAS, upon the request of both owners (1798 & 1806 Main Street) at different times and the consideration of the Planning and Zoning Commission and City Council; and WHEREAS, Minnesota Statute Section 412.851, entitled "Vacation of Streets," authorizes the City Council of a statutory city by resolution to vacate any street on its own motion; and WHEREAS, the City ofCenterville is a duly incorporated Statutory City; and WHEREAS, a public hearing was held on April 6 and April 14, 2004, which was preceded by two weeks' published and posted notice, to consider of the vacation of the section oflocated in the City ofCenterville, Anoka County, Minnesota; and WHEREAS, written notice of said public hearing was mailed to each property owner affected by the proposed vacation at least ten days prior to the hearing (See Attached); and WHEREAS, the City Council of the City ofCenterville declares that it has been determined after due consideration that is in the public interest to vacate that section of Mill RoadlEighth Street (the portion laying easterly of Lot 1, Block 2, westerly of Lot 13, Block I Peterson's Addition to Centerville and located south of the southerly right of way line of Hugo Road to the southerly boundary line of the plat of Peterson's Addition to Centerville- 150' X 66') located in the City ofCenterville, Anoka County, Minnesota. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Centerville hereby vacates that section of Mill RoadlEighth Street (the portion laying easterly of Lot 1, Block 2, westerly of Lot 13, Block 1 Peterson's Addition to Centerville and located south of the southerly right of way line of Hugo Road to the southerly boundary line of the plat of Peterson's Addition to Centerville - 150' X 66') located in the City of CenterviIle, Anoka County, Minnesota. ADOPTED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE TIllS DAY OF ,2004 APPROVED: Terry Sweeney Mayor, City ofCenterville Teresa Bender Clerk, City of Centerville The City Hall is located at 1880 Main Street, Centerville, Minnesota and is ADA accessible. Requests for hearing assistance devices or a sign language interpreter must be received before 4:00 p.m. April 2, 2004. All persons interested are invited to attend and to be heard. You may contact the City Clerk's office at (651) 429-3232 or by facsimile (651) 429- 8629 if you need additional information. If you desire, you may email: ksykes@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. March 8, 2004 Teresa Bender, City Clerk Published in the Quad Community Press on March 23 & 30 and April 6, 2004 . . f. . III' ~ : ; ,. "o!! " . II 7 ~ .. ,. '" J, ~ ~if. _1iHi!1I -~tkft -fz> b 1880 Main street CentervUle. Minnesota 55038 (651) 429-3232 RECEIVED OF AMOUNT Clav .....1 Alcock .- $500.00 1806 Main street Cenlervi/l" MN 55038 FOR: . - . . - - street Vacatlon Escrow CHECK # Cash . A..J SURCHARGE ~~ , ._---:.T::4J - , BY Te:t'e6a1lenilN March 9, 2004 Recelpt /I 9286 EtJ I ,tervi{{e 'Esl:a6{isfied 1857 1880 :Main Street . CenteTViC(e,:Jvf}}.(. 55038 (651) 429.3232 .!f~ (651) 429.8629 AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE State of Minnesota) County of Anoka ) City of Centerville) I, Teresa Bender, being first duly sworn, deposes and says: I am a United States citizen, over twenty-one (21) years of age, and the City Clerk IT of the City ofCenterville, Minnesota. . On April 1, 2004, acting on behalf of the said city, I deposited in the City of Centerville's mail box, copies of the attached notice of Public Hearing Notices for the Street Vacation of Mill Road/Sib Street Extension requested by Mr. Clay Alcock, enclosed in envelopes, with postage thereon fully prepaid, addressed to the following persons at the addresses appearing opposite their respective names: NAME ADDRESS See Attached There is delivery service by United States mail between the place of mailing and the places so addressed. ~. . #' ~ / ( --" ~~~~ '----- ---- Teresa Bender, City Clerk Subscribed and sworn to before me this 1st day of April, 2004. E~LE~ J. PAULSETH NOTARy PUllUC - MINNESOTA My COIMlIssIon Expires Jan. 31, 2008 ~~ Notary Public . FIRST NAME LAST NAME HOUSE # STREET THOMAS DUPRE OR CURRENl 1781 MAIN STREET TOM THUMB OR CURRENl 1801 MAIN STREET CURRENT OWNER 1825 MAIN STREET LAWRENCE PERRON OR CURRE~ 1798 MAIN STREET CLAY ALCOCK OR CURREt\ 1806 MAIN STREET CARL BUECHLER OR CURR 1812 MAIN STREET GLADIS JOHNSON OR CURRE 1814 MAIN STREET DAVID WEST OR CURRENT' 1824 MAIN STREET RICHARD ROBISCHON OR CUR 1832 MAIN STREET CURTIS & KELLlE NYMAN OR CURRENl 7092 DUPRE RD STEVE KEENAN LISA PRIEST OR CUR 7088 DUPRE RD WILLIAM PRATO OR CURRENl 7084 DUPRE RD PATRICK DUPRE OR CURRENl 7080 DUPRE RD MICHAEL & VIRGINIA CARNEY OR CURREt\ 7064 DUPRE RD CURT & KRIS STIEBLER OR CURRE 7076 EAGLE TRAIL GEORGE & BARB GIBSON OR CURREN 7074 EAGLE TRAIL JOHN & KAY OLSON OR CURRENl 7070 EAGLE TRAIL ROBERT & PAULA ROSLANSKY OR CUR 7068 EAGLE TRAIL ROBERT & REBECCA DEWIDT OR CURRENT OWNEI 7062 EAGLE TRAIL NATHAN & NIKKI NEWMAN OR CURRE 7060 EAGLE TRAIL DOUG & MARY FREDRICKSON OR Cl 7055 EAGLE TRAIL STEVE HARDING OR CURRE 7058 EAGLE TRAIL KRISTEN TAYLOR OR CURREN 7054 EAGLE TRAIL BILL & DOREEN REINHARDT OR CURl 7052 EAGLE TRAIL RICHARD & MARGARET SARGENT OR CURRE 7130 MILL ROAD TERRY & DORI OBERG OR CURRENl 7138 MILL ROAD I i ~--_. ST. GENEVIEVE'S CEMETERY C/O ST. GENEVIEVE'f THOMAS VALOIS OR CURRENl KEN & CINDY HAWKINS OR CURRE JP ~v ,~f I 7087 GOIFFON ROAD 1824 HOULE CIRCLE 1828 HOULE CIRCLE /' c/ 'Estabasfrd 1&';7 STAFF REPORT CENTERVll..LE CITY COUNCIL Date: June 9, 2004 To: Honorable Mayor and City Conncil Members Ms. Kim Moore-Sykes, City Administrator ERen Paulseth, Finance Director ~ From: Re: Ethics Policy ,- -- ----- --~ ---**************************************,*1:***********-***:!:*******~*_****~*-~* ----- - -- Attached is the fmal version of the proposed ethics policy. This policy is very similar to the policy recommended by LMC and the State Auditor's Office after legislative action concerning the topic of ethics a few years ago. We recommend that the City's legal counsel review the policy before adoption by the City Council. City of CenterviCfe ervi[[e ____ .________ _n'__________.___ ____________________________ ____________________.____ _ -- --- -- -- Code of 'Ethics poCicy .:AcCopted: June xx, 2004 " , Code of Ethics for Public Officials in the City of Centerville It is imperative that the officials in the public service not only maintain the highest possible standards of ethical conduct in their transactions of public business, but that such standards be clearly defined and known to the public as well as to the public officials. The following Code of Ethics applies to the public officials ofthe City ofCenterville. SECTION 1. DECLARATION OF POLICY Statement: The proper operation of democratic government requires that public officials be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the government structure; that public office not be used for personal gain; and the public have confidence in the integrity of its government. Purpose: In recognition of these goals, this Code of Ethics is established for all public officials of the City of Centerville. The purpose of this code is to establish ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the best interests of the City, and by directing disclosure by such officials of private financial or other interests in matters affecting the City. The _----2rovisions and purpose J>fthis c()~e and such rules and regulations as may be estal:Jlislled __ Me deClared to be in the best interests of the City of CentervilIe. Education: Recognizing that education in government is the key to having good government, this Code requires that the City Administrator shall arrange for a discussion of the meaning of this Code with new public officials at the organizational meeting of the City Council in January of each year. SECTION 2. DEFINITION OF TERMS Public Official: Any person who has been elected to office, appointed by the City Council, appointed to a City Councilor Commission or hired by the City to serve as a Department Head or Assistant Department Head. This list includes the following: I I I I I L a. A member of the City Councilor other elected official; b. The Department Head and Assistant Department Head of each City Department; c. A member of any City Committee or Commission; d. The City Administrator or like position; e. Consultants retained by the City and those individual professionals (such as but not limited to engineers, architects, lawyers, auditors and appraisers) in the consultant's firm who perform work for the City. Anything of Value: Money, real or personal property, a permit or license, a favor, a service, forgiveness of a loan or promise of future employment. It does not mean I .~ , reasonable compensation or expenses paid to a public official by the City of Centerville for work performed. Compensation: A payment of "anything of value" to an individual in return for that individual's services of any kind. Association: A business entity of any kind, a labor union, a club or any other group of two or more persons other than the immediate family. Immediate Family: A reporting individual, spouse, minor children, minor stepchildren or other person residing in the same household. Gift: The payment or receipt of "anything of value" unless consideration of greater or equal value is provided in return. City Administrator: The person who heads up the administration of the operating government of the City. SECTION 3. ETHICAL CONSIDERATIONS Statement: Public officials are to serve all persons fairly and equitably without regard to their personal or fmancial benefit. The credibility of Centerville City government hinges '-on:che-prop-er-discharge--of-dutiesin-the puhlic-interest.::ccPublicofficials'muSFa:ssUtlnifa:t=, the independence of their judgment and actions, without any consideration for personal gain, is preserved. Guidelines: Specific ethical considerations are enumerated below for the guidance of public officials, but these do not necessarily encompass all the possible ethical considerations that might arise. a. Other Offices or Employment: An elected public official shall not hold another incompatible office as that term has been interpreted from time to time by statute, the courts, and by the Attorney General. Employed public officials shall not hold such incompatible office nor shall they engage in regular outside employment without notice to and approval by the City Council. Elected and appointed public officials shall not hold other office or employment which compromises the performance of their elected or appointed duties without disclosure of said office or employment and self disqualification from any particular action which might be comprised by such office or employment. b. Use of Confidential Information: No public official shall use information gained as a public official, which is not generally made available to and/or is not known to the public, to directly or indirectly gain anything of value. 2 , , c. Solicitation of or Receipt of Anything of Value: A public official shall not solicit or receive anything of value from any person or association, directly or indirectly, in consideration of some action to be taken or not to be taken in the performance of the public official's duties. d. Bolding Investments: No public official shall hold any investment which might compromise the performance of the public official's duties without disclosure of said investment and self disqualification from any particular action which might be compromised by such investment, except as permitted by statute, such as Minnesota Statute g471.88. e. Representation of Others: A public official shall not represent persons or associations in dealings with the City in consideration of anything of value. f. Financial Interest: Where a public official or a member of the public official's immediate family has a financial interest in any matter being considered by the public official, such interest, if known to the public official, shall be disclosed by the public official. If the public official has such a financial interest or if the minor child of a public official has such a fmancial interest, the public official shall be disqualified from further participation in the matter. g. City Property: No public official shall use City owned property such as vehicles, equipment, or supplies for personal convenience or profit, except when such property is available to the public generally or where such property is provided by specific City policy in the conduct of official City business. h. Special Consideration: No public official shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen. i. Authority: No public official shall exceed his or her authority, or breach the law, or ask others to do so. ~e j. Giving Anything of Value: No elected public official~ive anything of value to potential voters in return for their votes, prOlmses, or financial considerations which would be prohibited by the State Minnesota Fair Campaign Practices statute. k. Public Funds, etc.: No public official shall use public funds, personnel, facilities, or equipment for private gain or political campaign activities. 3 . , l. Expenses: Public officials shall provide complete documentation to support requests for expense reimbursement. Expense reimbursement shall be made in accordance with City policy. ID. Donations: No public official shall take an official action which will benefit any person or entity because of a donation of anything of value to the City by such person or entity. n. Official Action: No public official shall take an official action which will benefit any person or entity where such public official would not have otherwise have taken such action but for the public official's family relationship, friendship, or business relationship with such person or entity. o. Compliance with Law: Public officials shall comply with all local ordinances and State and federal statutes including, but not limited to, the Criminal Code, Fair Campaign Practices Act, and laws governing the functioning of municipalities, their elected and appointed officials, and employees. SECTION 4. SPECIAL CONSIDERATIONS "Voting:-Sitliati6fil,-cah-anse wttere'a-rnetfiberofthe-CityCouficii;'a 'Commission;- ,~ ' or a Committee abstains from voting because of a conflict of interest, but his or her abstention becomes a vote either for or against the matter because a m'\iority is required to pass or reject that matter. This can happen where four-fifths vote is needed to pass an issue, or the vote has to be a clear m'\iority and a split vote does not pass or reject. When this happens, the City Attorney must be consulted and the final vote should carry a public notice explaining what took place and how it was resolved. SECTION 5. DISCLOSURE OF FINANCIAL INTERESTS Guidelines: Not later than ninety (90) days after the date of approval of this code, each public official of the City shaH file as a public record, in the office of the City Administrator, a statement containing the following: a. A list naming all business enterprises known by the public official to be licensed by or to be doing business with the City which the public official or any member of the public official's immediate family is connected as an employee, officer, owner, investor, creditor of, director, trustee, partner, advisor, or consultant; and b. A list of the public officials and members of the public officials' immediate family's interests in real property located in the city or 4 I which may be competing with the interests of the City located elsewhere, other than property occupied as a personal residence. Initial Filing: Each person who enters upon duty after the date of this Code in an office or position as to which a statement is required by this Code shall file such a statement on forms to be provided by the City not less than thirty (30) days after the date ofhislher entrance on duty. Subsequent Filings: Each person who made an initial filing shall file a new statement by January 30 of each year thereafter giving the information called for above as of the time of the new statement. If a change in financial interest or property ownership occurs between filings, a new filing shall be made within thirty (30) days of the change. Immediate Family Interest: The interest of any member of the immediate family shall be considered to be an interest of a person required to file a statement by or pursuant to this ordinance. Non-Business Organizations: This Code shall not be construed to require the filing of any information relating to any person's connection with or interest in any professional society or any charitable, religious, social, fraternal, educational, recreational, public service, civil, or political organization, or any similar -=organization -not conductedas-a- business-enterprise-and which -is-notengaged-in-c-- -- the ownership or conduct of a business enterprise. However, if any such organization seeking any action or btj,1}efi~ comes before the City Council, then membership in the organization.shlffi f()e""ilpotential conflict of interest and must be reported as such to the City Administrator by the public official in an amended disclosure statement. The other stipulations of this Code then apply. Responsible Authority: The City Administrator shall inform each person who is required to file of the time and place for filing. The City Administrator shall inform the Council whenever a person who is required to file a statement fails to do so. Adopted by the City Council of the City of Centerville this _ th day of ,2004. .Attest: Signed: City Administrator Mayor 5 \ City of Centerville Disclosure of Financial Interests Each public official, as defined in the City of CenterviIle Code of Ethics Policy, shall file a "Disclosure of Financial Interests Statement" not less than thirty (30) days after the date ofhislher entrance on duty. Each public official who made an initial filing shall file a new statement by January 30 of each year thereafter giving the information called for above as of the time of the new statement. If a change in financial interest or property ownership occurs between filings, a new filing shall be made within thirty (30) days of the change. ......................................................................... DISCLOSURE OF FINANCIAL INTERESTS STATEMENT I, , a duly elected or appointed public official of the City of (Name) CenterviIle, hereby affirm that I serve the City of Centerville in the capacity of , and make the following representations concerning any (Position) financial interests I may have with the City of Centerville. 1. A list naming an business enterprises known by me to be licensed by or to be doing business with the city, which I or any member of my immediate family is connected as a (an) employee, officer, owner, investor, creditor of, director, trustee, partner, advisor, or consultant: 2. A list of my interests, or the interests of my immediate family, in real property located in the City, or which may be competing with the interests of the City located elsewhere, other than property occupied as a personal residence: Date Signature of Public Official STAFF REPORT CENTERVILLE CITY COUNCIL JY ;\f U/) \tr; {JD ,I' , kvY ~ ~ V\ tervi[[e 'LstaE[islie<C 18-'7 Date: June 9, 2004 To: Honorable Mayor and City Council Members Ms. Kim Moore-Sykes, City Administrator Ellen PauJseth, Finance Director tR Annual Investment Report From: Re: ___. *~**~~-#~~~*~~~*~_#="~****~~_~*~~~~~E*'~_*_~*~:.L~~_~k~_*:kj;:~kk~~it*~_~~*.'k*~*:***~-*-*----=____ We have been concentrating on developing an investment portfolio and maximizing interest revenue, I have prepared an investment return summary analysis and will be reporting to you on the following key highlights: :> Interest Income increased $52,894 over last year. :> Development of a laddered approach. >- Average cash balance increasing due to enterprise fund reserves and bond proceeds. >- Interest revenue for City projected to come in at or near year 2000 level in 2004. >- Rates have been continually declining; optimistic for slow increase over time. >- Rate of return has been increasing due to investment of idle funds. tervi{{e 'Lstaiiished 1857 - [0 v1. i/h1!. STAFF REPORT /; pp l1o~ CENTERVILLE CI1Y COUNCIL ~ / y Date: June 9, 2004 To: Honorable Mayor and City Conneil Members Ms. Kim Moore-Sykes, City Admini"trator Ellen Paulseth, Finanee Director C(j( From: Re: Reqnest to Waive Permit Fees on Senior Housing Phase IT ****.******************************************************************* Anoka County HRA has requested that the City waive all building permit fees on the second phase of the Chauncey Barett housing development. All fees, except the State surcharge and the Met Council SAC charge were waived on Phase I of the project. Projected fees for Phase II are as follows: Park Dedication $ 36,000 RE.U. $ 24,000 Storm Sewer $ 5,885 Water Hookno $ 18,000 Site Maintenance $ 225 Permit Fee $ 18,895 Plan Review $ 12,281 Total Fees to be Waived $115,286 Fees to be Waived The City does not have the authority to waive the State surcharge of$I,020, or the SAC. charge of$16,200. Council will need to adopt a resolution to waive the City fees. BUILDING PERMIT CITY OF CENTERVILLE, MINNESOTA Date: Permit No. Owner: Ant' \(~ (""...~~:\ Address H~k ! Builder ~ v-\ ~.~ Address 17/-; 'U~ \(;,"'" Q....~)"- LOCATION OF PROPOSED BUILDING (..{..... ') Zoning Classification H- 2- Number street Part of Lot Lot LEGAL DESCRIYTION I Block Addt'n or Sub-Div. DESCRIPTION OF PROPOSED WORK Description: ,~i c.y- H ,,--.-<.-<...,' vi '3 Type of Construction:.- V - A. Occupancy ----P',:,. 'Z- Valuation $ .~ ,4~,c.oCJ Area: I (COllttact of Market Value) No. of Stories: (Largest Horizontal Cross Section) VARIANCES Description of Ordinance Variance(s) if granted with this permit: CITY FEES Residential ~quiv. ..d.lnil (REV) J(;, ac..e:o ~4, ~ ~ -.. '31 '-\..V.I'tS/Z.S~ 12.....' 1'2. ~ 1350--::. If.,uc, Water Meter Stonn Sewer Mailbox Other Total S88:S. tO~a:, Water Hookup Site Maintenance r., '2PD,.c.O , .....v /8 CC6"""-' waf '2CCJ 22.5. cO..,..,...: PERMIT FEES FeePer Schedule Surcharge Permit Fee vJ<:L:.,lL Totals Plan Review t..J~ ~ .>C JO')..O. CO /7'J.?-c.a:Y Pennission is hereby grnnted 10 A-Vl",,\l"'--... CcL.\.~ 0- ~. to Cr:>."\.*. '-'-<-rr--' a building as herein described. This permit is granted upon the express condition that the person, p ershlp. firm or corporatIon to whQ It IS granted. together with his agents, employeees. workmen and subcontractors agree to abide by and confonn to all Ordinances of the City of Centerville regarding the construction, alteration. maintenance, repair and demolition of buildings within the City; and that this pennit lJ1aY be revoked at any time upon evidence of violations of an)' of the provisions of said Ordinances, . Issuance of a building permit is not to be construed or relied upon as a warranty. guarantee, or representation on the part of the City that the construction or finished product covered under this building pennit is necessarily in confonnation with the state building code or other applicable construction standards. The City assumes no responsibility or liability for damages arising out of the issuance of this building penuit The permittee further agrees to commence the work covered by this permit within /fl:r:;:, ) da . _ Suspension or abandonment of such work for~.p riod 0 one hun of this permit as provided by Ordinance. ( PERMITTEE and to complete aU such work by sh 1 result in the automatic revocatio By: tervi{{e 'EstaElisfid 1857 1880 !Main Street . CenteTViffe, 'M!JI[ 55038 (651) 429-3232 . J'tl:( (651) 429-8629 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RESOLUTION #04 - 025 A RESOLUTION WAIVING PERMIT FEES FOR PHASE II OF THE CHAUNCEY BARETT SENIOR HOUSING PROJECT WHEREAS, the Anoka County Housing and Redevelopment Authority (lIRA) and the City of Centerville (City) have entered into a joint powers agreement for the construction of Phase IT of the Chauncey Barett Senior Housing Project; and, WHEREAS, the Project will meet a need in the City of Centerville for additional housing for the elderly and disabled; and, WHEREAS, the Anoka County HRA is a non-profit governmental organization; and, . YHEREAS, all City building permit fees were waived by the City Council on Phase I of the Chauncey Barett Senior Housing Project; and, WHEREAS, the Anoka County HRA has requested that all City building permit fees be waived for Phase IT of the project. THEREFORE, BE IT RESOLVED that the following City permit fees are hereby waived for the Chauncy Barett Phase IT Housing Project: Park Dedication Residential Equivalency Unit Storm Sewer Water Hookup Site Maintenance Permit Fee Plan Review $ 36,000 $ 24,000 $ 5,885 $ 18,000 $ 225 $ 18,895 $ 12.281 Total Fees Waived $115.286 PASSED AND ADOPTED by the City Council this 9th day of June, 2004_ ttest City Clerk Mayor Gl ANOKA COUNTY HOUSING AND REDEVELOPMENT AUTHORITY Paul McCarron. Chair Dennis D. Berg Rhonda Sivarajah Donald H- Pindell Dave McCauley, Vice Chair Margaret Langfeld William Nelson June 2, 2004 Kim Moore-Sykes City Administrator 1880 Main Street Centerville, MN 55038-9794 Dear Ms. Moore-Sykes: The Anoka County Housing and Redevelopment Authority (ACHRA) respectfully requests that the City of Centerville waive certain fees associated with the construction of senior housing at Chauncey Barett Phase II. This requested action is consistent with that taken during the construction of Chauncey Barett Phase 1. As indicated on the building permit, the ACHRA will pay $16,200 in SAC. fees and $1,200 in permit fees. Sincerely, I ~"'-~ Tim Y antor Executive Director, ACHRA - TY/sky cc: Prank Dunbar, Dunbar Development Corporation Karen Skepper, Community Development Manager ,",'."":" " -F\ ;,. j', Telephone: (763) 323-5700; Fax: (763) 323-5682; TDDfITY: (763) 323-5289 Government Center, Administration Office, 2100 3rd Avenue, Anoka, MN 55303-2265 ~ (0 Q /1;;1 ~~~ u~ TO: Honorable Mayor and Council Members Teresa Bender, City Clerk.,('~' FROM: SUBJECT: Potentially Dangerous Dog - 1971 South Robin Lane "Sebastian" DATE: June 4, 2004 Chief Heckman will be in attendance at the meeting to discuss this issue. Both parties were forwarded letters of the bearing via U.S. Postal Service; Certified Mail, Return Receipt Requested. I have received confirmation receipts from the U.S. Postal Service that both parties i\ signed for th, e attach, ed letter, s. l. :, D " . it- ~') ~J~O tN-^-'\ cJ/yO , ;., .;JJ "\- \u0 \ ' ; ~ ,-tv v*' ~~ &-,r' J n. ~l;lt' \) Y- ". ilX': ~ Jj)/ {Lv , ~iv, ~DV-/ '" " ;1;\,-1-1.. ,V .J, IJ \.II- rk vr' . (). I n~-I V';'- c)vo"O .\;dc '! l'v[L (;'\v p-r ;t'V . rJ A-~ v5"U/ {Ot., v.v ~~~ tl~' JV' ,~' C}'iJY (" ( '* l' M- .. J~\- .~. · ... · '''llliQ. ./ TO: Honorable Mayor and Council Members Teresa Bender, City Clerk1~. Update on Potentially Dangerous Dog - 1971 South Robin Lane FROM: SUBlliCT: DATE: May 21, 2004 The owners of Sebastian licensed him on May 19, 2004 for_2Q0:4~;!()Q5. I have also attached letters to the owner and the victim's parent/guardian regarding the hearing on June 9, 2004_ Please note that the victim is a juvenik Client Ruby Christopherson 1971 Robin Lane g, 1971 Robin Lane g Centerville, MN 55039 Home Phone: (651)762-1467 Certifici ~ ~!J!J/ - Zv};:) Banfield The Pet Hospital Since 1955 1410 UnIVersity Ave West 5t. Paul, MN 55104-0000 (851)641-1168 Pet Information Name: Sebastian spec:ies: 0ul.ine Breed: Shepherd, German Sex: Male (Neutered) Color: Blacl<, Brown Age: 4y/6m Weight: 63.40 Lbs Rabies Tags o Benfield # 4214155 County & Tag # None ( / :k 0121 l' ryJP~ .6}JQ Vaccine Information Vaccine Name: Rabies Virus (Type: Killed) Producer: Fort Dodge Administered: 05/0712004 Subcutaneous Due Date: 05/0712007 Lot #: 121S237A Lot Expires; I hereby certify that I have vaccinated this Pet in accordance with all stale and federal laws and regulations on this date. Administered by: .. R. ~/DVtn (SOn Rpt Id: RbVao_r2 Hospital #0486 Sl P21ul, MN USA Page. 1 '.' " (- ',' .; . , COMPIJ:Al't{CE/ APPEAL OF D~G'EROUSDOGcLASSIFiciTION . , " This form mu.st be' re!utn~d to th~ C~~ef~fPoliCe Withint4dars 'of receipt ' ,,' ~o:Cillef6ffoU;e:. .' " "".., " . ." ",; ,CenteiulliU Lak;es.PoIice 1)epartmciJ.t 200 Civic Hei~s CirCle" . . oiTcr~Pines,Mirinesoia 550'14 ' . . . .' .'. , "\' .', Checkllpptoppate boxes: , " I hay~ read llI),d Understand Stat~ StatUtes ~ 347515, $47.52; , ~ 341,53 and CenterVi1ie otwnance.#24. ". :' /Jf~yj~as~ b~ ~dVis:aof;niY mteri~ to app~', this 'm~tt~ to ,. . ~ the Clty COl.!UCiL... .., " . .,,; ,',' . . '. , . .' C" " . '---'- I do, not intend to appe81ih1s matter.' The d~ jn.questlpn . , has been: ,. ,. '.- .' ,J '..' , , " ~lI~an~ly'~~', ' " ~~~-::--~-"~':~-,--;--'-'-'~---~- . '",," pe~;;;a';'eirt&J;"~m~ved~Q~the city:,-' ---;-. " .,' . , . . .' ,-" .'," . : ~ 13roq.ght h:\to' cbthpli~de with t!U.s '&c;I~~tio'ii " ," "., ". ',..'.-'.' ~j:rp%lI: .- , pate ".j '" .... ". .... . ,;' ",- " ',.' ". , , "'.. :. ' ".'. " , . ~ ' '. ,J;tot~; In ili~ eyent '~t )roil el~ ~o appe~ 'tliis Iti3:tter t~ tl}~~ t::;ityCoiincil,th6,c~tY..Wi1I. , '1IOPfyYOU'j:1S to the date aniHime,of.t1iehearing ~s well as, additional rightstbat are' . , '.. pI:ovided t(,): you imderIociU ordinance. ," tervi{{e 'EstaV(isfid lE57 . ( 1880 !Main Street . Centervili:e,!M'J{ 55038 (651) 429-3232 .:Fait (651) 429.8629 May 21, 2004 Mr. & Mrs. Lee Christopherson 1971 South Robin Lane Centerville, MN 55038 Dear Mr. & Mrs. Christopherson: As you are aware, your dog ("Sabastian") has been deemed potentially dangerous by the Centennial Lakes Police Department/City Ordinance and potential restrictions may be imposed on the animal and you the owner alike. You received documentation from both the Police Department and City Hall in regards to ('. the procedures for deeming "Sabastian" as potentially dangerous. You have stated that ~ you desire to appeal this action and you will be given an opportunity to appear before Council on June 9,2004 in Council Chambers located at 1880 Main Street at 6:30 p.m., or shortly thereafter to present your facts supporting that "Sabastian" not be deemed potentially dangerous. If you have any comments or concerns prior to this meeting, please feel free to contact me. Sincerely, ~~- Kiin Moore-Sykes City Administrator KMS/tdb \.. ervi[[e TstaJ)[isfietf 1857 . ,1880 Main Street . Cmtervil(e, 9'If!J{ 55038 (651j 429-3232 . 'Faa:. (651) 429-8629 May 21,2004 Ceiiterville, MN 55038 Dear This letter is to notify you that the owner of "Sabastian", the dog that resides at 1971 South Robin Lane will be appearing before the City Council on June 9, 2004 in Council Chambers located at 1880 Main Street at 6:30 p_lD., or shortly thereafter to appeal the deeming of their dog as being potentially dangerous. c' Enclosed with this letter you w:illJin~the statutOI}' definition of a potentially dangerous dog, City Ordinance #24 and the requirements that may potentially be imposed' on the dog and its owner. If you have any questions regarding this matter, please feel free to contact me. ~~ Kim Moore-Sykes City Administrator KMS/tdb JIDc., l " '. Agency Name: CENTENNIAL LAKES POUCE DEPT. eporting Ofiicer(s):' G301 NOREN, MATTHEW ORJ#: M N0020300 ate eported: 05/04/200404:13 PM 16446 BRAGG, COLBY Aniv~: 1619 , Cleared: Add'j. sa um er:: JCF: . Pages: 04097556 Total Value Stolen tproportyj: 1$0.00 Totsl Value Damaged tprop,,,ty): I $().OO Total Value ReeovElI"ed tp_rt>?: 1$0.00 Apt: Goo: 06 -06 I I I I- Z III '0 :-(3 arila.! DateITllI1e Occurred: 2:: 05/04/200404:13 PM 1647 l.ocatio.n or > nseJlncident: 1982 SOUTH ROBIN LN CENTERVlLLE, MN 56038- Ii) ~ W CI) Z 'W 11.., IL o Classification: Disposition: III > ~ ,~ Incident Narrative 1 " 'DISPATCHED TO THE'ABOVE LOCATION ON A DOG BITE REPORT. THE CALLER ADVISED DISPATCH THAT THE DOG HAS BITTEN THREE PEOPLE TODAY. OFFICER BRAGG ARRIVED IN THE AREA FIRSTAND SPOKE WITH NUMEROUS JUVENILES THAT WERE IN 'fHE STREET. AS I ARRIVED I OBSERVED THE CaMP. WALKING AWAY FROM THE SCENE. I THEN SPOKE WitH SEVERAL JUVENILES WljO STATED SEVERAL , DIFFERENT STORIES ABOUT THIS DOG BITlNG THEM. NIPPING A T THEM, OR CHASING THEIR DOGS AROUND THE NEIGHBORHOOD ANYWHERE FROM TWO WEEKS TO SEVERAL MONTHS AGO. 'I EXPLAINED TO THESE JUVENILES THAT THEY NEED TO CALL WHEN THESE VIOLATIONS ARE OCCURRINQ AS I COULD NOT DO ANYTHING ABOUT THESE ISSUES NOW. OFFICER BRliGG THEN OIRECTED ME TO THE VICTIM AND HER MOTHER. OFfiCER BRAGG FURTH_ER ADVISED~HAT THE 0 ' AS CONTAINED ATT, HE OWNER'S RESIDENCE. I THEN SPOKE WITH AND STATED THAT TODAYWH!LE PLAYING AT THE POND ON THE NORTH SIDE OF ROYAL MEADOWS ARK CHRISTPHERSON'S DOG, A GERMAN SHEPH~, ,EUP, TO HER AND NIPPED H,ER ON TH[': ARM, ' I DID NOT OBSERVE ANY SCRATCHES O~ARM BUT DID OBSERVE A SMALL REj) MARK ON HER WRiST AREA. I. THEN ( NAMEcODES: A-MuttArrested. AC-Ari-estingCnt"en, C-Com~ahent. o-oriv.... F-'FamilylParent G-Guerdian. J-JuvenrreArresled, M ~ Mentioned, MP ~ Missing' Person. ,.. Other In\(O/Ved, 0 - OWner, P - Passenger, .Pl> Perpetra1cr, R ~ R.ePortee. s ~ S~ V ~ Victlm, W - WItness . Person, NJlU: Code: o Business A 0 Address (Stree~ . tate, ZIp): 1911 ROBIN LNCENTERVlLLE, MN Name: CHRISTOPHERSON, LEE ALLAN Alias: ce: WHITE Alias: ......; .....- ( ,~- 1J :n 0:: :) supervisor:""\:) \I\~ Extra Copy To: Related Case Number: Page 1 of3 Narrative 1 Continuation: Page 1 of 1 Case Number: 04097556 Author: MATTHEW NOREN ,POKE WrTH_ WHO STATED THAT CHRISTOPHERSON'S DOG IS ALWAYS RUNNING AT LARGE BUT NO ONE IN fI( 'E1GJiBORHOOD EVER CALLS THE POLICE DEPARTMENT ABOUT IT. THEN SPOKE WITH CHRISTOPHERSON WHO STATED THAT ONE OF HIS CHILDREN MUST HAVE LET THE DOG LOOS . ~HRISTOPHERSON biD NOT HAVE A CURRENT CITY LICENSE AND ADVISED HE WOULD LOOK IN THE HOUSE FOR HIS 'APERWORK FORTHE DOG. I CHECKED MY DOG LICENSE FILES FROM THE CITY OFCENTERVILLE AND FOUND THAT ~HRISTOPHERSON'S DOG LICENSE HAD EXPIRED BUT THAT THE RABIES VACCINATION WAS GOOD UNTIL 05-07-2004. ~HRISTOPHERSON FURTHER STATED THAT THE DOG WAS JUST BROUGHT IN A COUPLE OF WEEKS AGO FOR THE JPDATED VACCINATIONS. THE DOG IS A MALE GERMAN SHEPHERD WEIGHING APPROXIMATELY 69 POUNDS AND IS .1/2 YEARS OLD. I THEN ISSUED A CITATION TO CHRI$TOPHERSON FOR VIOLATION OF CENTERVILLE CITY lRDINANCE 24.02 SUB 2 AND 24.02 SUB 1, NO CITY DOG LICENSE AND.DOG RUNNING AT LARGE, RESPECTlVEL Y. 1 XPLAINED THE CITATION TO CHRISTOPHERSON AND ADVISED HIM THAT THE DOG NEEDS TO BE QUARANTINED OR 10 DAYS INSIPE THE HOUSE OR -\ KENNEL AND CAN ONLY BE OUTSIDE ON ALEAsi-l TO GO TO THE BATHROOM. ALSO ADVISED CHRISTOPHERSON THAT HE NEEDS TO RESPOND TO THE CITY OF CENTERVILLE AS SOON AS OSSIBLE AND PURCHASE A NEW DO(j LICENSE. THEN SPOKE WIT~D ADVISED HER THAT THE DOG WAS UP DO DATE ON IT'S SHOTS. ~HANKED HIS. OFFICER FOR COMING OUT AND I CLEARED.. _ - OPY TO CHIEF HECKMAN FOR FURTHER CONSIDERATION. ( . Case Number: 04097556 ADDITIONAL OFFENSES/NAMES en ~ w (J) z W ll. ll. o MOC Code: Classification: , Disposition: -r. .. I . , .- I NAME CODES: A - Adult Arrested. AC.. A.rresting Citizerl, C ~ Complainant, 0 - DJiver. .F .. FamilylParent, G ~ Guardian, J.. Juvenile Arrested, I M ,~Mentioned, MP - Missing PSl'SOn, I MOther Irwotved, 0.. Own91', P - Passariga:r. PT - Perpetrator, R - Repartee. S~, Suspect, V. V;-qtim. VI M Wrtness "- III Person NJIU: Code: Name: Alias: o Business A C CHEVALLIER,THiERRY BRUNO Address (Sueet, City, Siate, Zip): I Apt.: DatgofBirth; Sex; . Race: . 1982 SOUTH ROBIN LN CENTERVlLLE, MN 55038- 09107/1957 MALE Height Weight Hair Color: Eye COlOr. HomeIBus. Phone: WorkIBus:CeU: CelVPager/1 ax: 651-653-5034 . 0 Person NJIU: Code: Name: Alias: o Business - Address (Street. City, State, ZiPJ: . I Apt.: Date ora rtI1: I Sex; Race: ( .. Height:: Weight Hair Color: Eye COlor: HomelBus. Phone: WorklBus. Cell: CelllPager/Fax: o Person AlJIU; Code: Name: Alias: o Business Address TStraet, City, State, Zip); ! Apt.: Date of Birth: I Sex Race: Height Weight Hair Color. Eye Color. Home/Bus. Phone: . vvori<lBus. Ceu; Ce/UPagerfrax; o Person AlJIU: Code; Name: ' Alias: o Business , Address (Street. City, State, .p): I Apt; . I Date of Birth; Sex: Race: Height " Weight Hair COlOr. Eye (;oior. HomeJ"us. ~hone; Wori<lBus. Cell; CelVPager/Fax: o Person NJIU: Code: Name:: Alias; o Business i . Address (Street City, State, Zip): 1 Apt: I Date ofB rth; Sex: Race: Hei9hf. Weight: Hair Color: Eye Color: HQme/j3us, Phone: Work/Bus. Celi; CelllPagerlFax: . I Person NJIU: Code: Name: Alias: Business \, Address iStreet, City, State, Zip): 1 Apt: I Date of Bir",: Sex: I Race: ~ight; I Weight HaIr COlor: Eye Color. Home/Bus. Phone: Work/Bus. Cell; CeIVPagerlFax: en i:i:f :z "" z Page 3 of 3 M' ) \,/ 1 i'~~ r r :tj{ . ,~~ . ~>~ =' "'-- -.~~ ~L\ll'.;)'0 ,) TO: Honorable Mayor and Council Members FROM: Teresa Bender, City Clerk-ft9 J SUBJECT: Center Mart Tobacco License (Non-Provisional) DATE: June 4, 2004 I spoke with Mr. Buechler and his schedule has not allowed for provided the City with a copy of his worker's compensation insurance. Mr. Buechler anticipated that he would provide same within two (2) weeks. TO: Honorable Mayor & City Council Members FROM: Kim Stephan V1 SUBJECT: St. Paul Water Utility Property on Centerville Lake DATE: June 4, 1004 At the May 26, 2004 City Council Meeting the City Council directed the City Administrator to send a letter to Mr. Bill Tschida requesting he proceed with a purchase agreement on the property. Council Member Lee informed the Parks & Recreation Committee the purchase was moving forward. Chairperson Peterson brought up a concern from the last City Council meeting regarding this property and the funding of it with Park Dedication Fees. Tom Peterson, City Engineer informed the City Council that with the road construction being done on LaMotte Drive and Heritage Street there may be a requirement by the Rice Creek Watershed District to incorporate a drainage systemlholding pond on this property. The city did not previously own property in this area and other options were being looked at, but once the city does own this property it may be the best location for this drainage system. The committee does not feel giving up a third of this small lake lot for a pond is compatible with the Parks & Recreation Committee's vision for this park property. The committee also feels if this is to be required, Park Dedication Fees should not fund the entire purchase price, but share the cost with funds coming from other areas of the budget. Council Member Lee suggested perhaps road project funding would be available to supplement this purchase. Motion was made by Chairperson Peterson, seconded by Committee Member Peil to recommend to City Council that if a drainage system is required by the Rice Creek Watershed District to be located on the 81. Paul Water Utility property on Centerville Lake, the Parks & Recreation Committee is requesting that a portion of the purchase price be supplemented by tbe general fund in lieu of the entire purchase price being funded by Park Dedication Fees. 'r<ta6[ishd 189 ~! +0 cyP ~ ~1ff 1f"'~/~ D~/\ STAFF REPORT {fI CENTERVILLE CITY COUNCIL Date: June 9, 2004 To: Honorable Mayor and City Council Members Ms. Kim Moore-Sykes, City Administrator Ellen Paulseth, Finance Director q From: Re: Personnel Policies ----- -- --*************************************************************-**********-*-- ----- -- Attached is the final version of the updated personnel policies. If there are no more changes, we recommend that the document be reviewed by the City's legal counsel before adoption by the City Council. " I , City of Centervi;fi~ ~',i.{(~i9&>'~ '<:'c ..'~.. ted: June xx, 2004 Table of Contents 1. PURPOSE AND APPLICATION .......................................................................1 1.1 Purpose ............................................................................................1 1.2 Scope ........ ...... ......... ......... ........... .......... .......... ..... ..... ........... ..........1 1.3 Authority.......... ......... ............... ..... .......... ............... ................... ........2 1.4 Equal Opportunity Employer............................................................2 2. DEFINITIONS. ..... ....... ............ ........... ...... ..... ........ ........... ............. .................. ..2 3. ORGANIZATION. ....... ............ .......... .... ... ............. .... .... ..... .... ....... ....................4 3.1 Personnel Files ................................................................................5 3.2 Job Description ................................................................................5 3.3 Assignment of Work.........................................................................5 3.4 Classification of Job Duties..............................................................5 4. APPOINTMENTS.. .... ...... ............... ....... ............ ............... ...... ....... ...... ... .... ... ...6 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.-a- 4.9 4.10 Vacancies....................................................................................... .6 Job Posting ....................................................................................6 Recruitment and Selection ..............................................................6 Appointment Authority.. .......... ............................... ....... ...... .............. 7 Temporary Appointments ................................................................7 Pre-Employment Medical Exams .....................................................8 Employment of Minors .....................................................................8 --'-"-R-' --_..-.- - - -----'- ------ --'-- Union epresentatlon.. ........ ........... ..... ............... ......... ............ .... ....8 Probationary Appointments..............................................................8 Background Investigation.................................................................9 5. EMPLOYMENT STATUS CHANGES............................................................. 10 5.1 Reclassification ..............................................................................10 5.2 Promotion.. .... ........ .... .......... ... ......... ...... ............ ........... ...... ...... ......10 5.3 Demotion........................................................................................l 0 5.4 Reduction of Workforce.................................................................. 10 6. COMPENSATION AND WORK HOURS........................................................ 11 6.1 General Policy................................................................................ 11 6.2 Pay Periods ...................................................................................11 6.3 Work Hours ...................................................................................11 6.4 Work Breaks ..................................................................................11 6.5 Job Sharing ..........:.........................................................................12 6.6 Overtime/Compensatory Time .......................................................12 6.7 Outside Employment......................................................................14 6.8 Unauthorized Absences .................................................................15 6.9 Solicitation.... ...... ............................................................................ 15 7. HOLIDAYS .....................................................................................................15 7.1 General..........................................................................................15 7.2 Holidays .........................................................................................15 7.3 Holiday Pay ....................................................................................16 8. PERSONAL TIME OFF (PTO) - LEAVE WITH PAY....................................... 16 8.1 General......... ...............................................................................16 8.2 Accrual...........................................................................................16 8.3 Requirements.............. ..................... ............................ ......... ....... ..17 8.4 Donation of Personal Leave ..........................................................18 9. LEAVES OF ABSENCE .................................................................................18 9.1 Unpaid Leave................................................................................. 18 9.2 Medical Leave ...............................................................................18 9.3 Military Leave ................................................................................19 9.4 Jury Duty.......... ......... ....... ................. ............... .................... ..........20 9.5 Funeral Leave ................................................................................21 9.6 Parenting Leave ..... ... ........ .......... ........ .............. ..... ..... ....... ...... ... ...21 9.7 School Conference and Activities Leave........................................22 9.8 Service as Election Judge .............................................................22 9.9 Leave for Bone Marrow Donation .................................................22 9.10 Civil Air Patrol Leave......................................................................23 9.11 Time Off to Vote ............................................................................23 9.12 Leave for Adoptive Parents............................................................23 9.13 Sick or Injured Child Care Leave ..................................................23 10. TEMPORARY LIGHT DuTY POLICY.. ....... ........ ...... .... .............. ...... .... ..... ...... ....... 24 10.1 Application .....................................................................................24 11. INSURANCE PLANS....................................................................................25 11.1 Health, Dental, Disability & Life Insurance .....................................25 11.2 Cafeteria Plan ...............................................................................25 11.3 Continuation of Benefits.................................................................25 12. EMPLOYEE TRAININGfTRAVEL.. ..... ..... ..... ............. ... .... ....... ..... ..... ........ ...26 12.1 General Policy - Training and Education.......................................26 12.2 Tuition Reimbursement/Educational Assistance ............................26 12.3 Travel Reimbursement.... ............... .......... .......... .................... ........27 12.3 Applicability ...... ..' ..... .... ....... ........ ... ......... ....... ................ ....... .... .....28 13. PERFORMANCE APPRAISAL... .................. ......... ........... ................... .........28 13.1 Employee Performance Appraisal..................................................28 14. SAFETY........ ......................... .... ....... ................... ........ ....... .................... .....29 14.1 General..........................................................................................29 14.2 Safety/Accident Reporting...................... ............ ........................ ....29 15. SMOKING.... ....... ............ ........ ................... ............ ....... .......... ........... ....... ...29 15.1 General .........................................................................................29 16. GRIEVANCES ................. ........ .......... ............. ......... ....................... ....... ..... ..29 16.1 Grievance Procedure .....................................................................29 17. DISCIPLlNE..... ..... ................... ...................... ....... ..... ...... .......... .............. .....31 17.1 Objective. ...... .... ....... ...... ... ....... ........ ..... .... ... ... ................ ... ........ ...31 17.3 Reasons for Dismissal...................................................................32 18. SEXUAL HARASSMENT .............................................................................33 18.1 General..........................................................................................33 18.2 Definition............ .... .....................................................................33 18.3 Expectations... ......... ......... ............ ...... ............ ....... ................... ....34 19. RESIGNATION. ............. ...... .......................... ..... ....................... ............. ......35 20. CODE OF CONDUCT AND ETHICS............................................................35 20.1 Purpose.. .... ......... ............. .......... ...... .... ........ ... ........ ........... ...... ... ..35 20.2 Conflicts of Interest ........................................................................35 20.3 Nepotism....................................................................................... 36 20.4 Falsification of Records..................................................................37 20.5 Rendering of Consideration ...........................................................37 20.6 Use and Safeguarding of City Property..........................................37 20.7 Disclosure of Confidential Information ...........................................38 20.8 Political Activities ...........................................................................38 21. APPEARANCE AND ATTIRE POLlCY.........................................................38 21.1 General..........................................................................................38 21.2 Casual Fridays ..............................................................................39 22. ELECTRONIC MEDIA USAGE POLICY ......................................................39 22.1 General..........................................................................................39 22.2 Authorization ....... .......... ...... ..... ..... .... ............ ... ...... ............ ...... ......40 22.3 Inappropriate Material....................................................................40 22.4 Personal Use Limitations ..............................................................40 22.5 Individual Privacy ...........................................................................41 22.6 Copyrights...................................................................................... 41 22.7 Passwords / Security.....................................................................41 22.8 Excessive Usage ...........................................................................41 22.9 Data Retention...... .............. ..... ................................................ ......42 22.10 Questions Regarding Policy...........................................................42 22.11 Policy Violations.............................................................................42 23. CELLULAR PHONE USAGE POLlCY..........................................................42 23.1 Application .....................................................................................42 23.2 Guidelines...................................................................................... 43 24. DRUG FREE WORKPLACE ........................................................................44 24.1 Policy ............................................................................................44 24.2 Drug and/or Alcohol Treatment .......................................:............44 25. EMPLOYEE RECOGNITION....... .... ............. ..... ............. ........... ..... ..... .... .....45 25.1 Employee Action Committee..........................................................45 26. NON-DISCRIMINATION POLiCy.... ....... .......... .......... ......... .................. .............. ..45 27. SAVINGS CLAUSE ......................................................................................46 I. 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 purpose of this policy is to establish a uniform and equitable system of personnel administration for all Employees of the City of Centerville as well as all organized personnel who work under a negotiated agreement with the City. In the event of a conflict between the terms of the negotiated agreement and this personnel policy, the terms of the negotiated agreement shall take precedence and those ------ Employccs~subject-to the--agreement- shall-be -so -tegulated.-- NOthi.1g-in-tJ.Js--policy ----~ shall be construed as part of an employment contract between the City of Centerville and its Employees. 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; 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.Ol - 179A.25 shall be exempt from any of these provisions which direcrly conflict with the language in the bargaining agreement. 1 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. Any prerogative or authority which the City has not specifically abridged, delegated or modified by this policy is retained by the City. The City further reserves the right to make reasonable variations from this policy where it is determined 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 interpretation of these policies or decision on items not covered within these policies. 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, __ __ I'romotion and _ compensation.-B_~i11dividual----"hall 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. Anniversaty Date: The month and day of initial biting 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. 2 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 statns 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 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 temporaty Employee. '-~----Employee - Full-Time:'1\.n at-WiIl'Employeeworking aT least 32-hours 'per week, who-has successfully completed a requited probationaty 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 federal Fair Labor Standards Act. Employee - Part-Time: An at-will Employee working less than 32 hours per week, who has successfully completed the requited probationaty 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 probationaty 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 temporaty Employee. Employee - Temporary: A full-time or part-time Employee who serves in a position on a temporaty 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 actnally 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 3 emergencies (call backs) and any time performing duties outside the normal shift, even if it is not "authorized." 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 andlor 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. 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 penodofapromotion, transfer) thafis-deSigned as a trial penod:-1 he proba:tionaiy period is . also considered a ttaining 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. Reduction In Work Force: The separation of an Employee from employment due to the shortage of work or funds. 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. 4 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 qruilifications deemed necessary and/or desirable for the satisfactory performance of the duties of the position. These descriptions will normally be 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 tnillltnUtn 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 .shallbe-assigneda-so1oty_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; D) The cost of living as measured by the Bureau of Labor Statistics and ConsUtner Price Index; E) The value of fringe benefits provided by the Employer; F) 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 adopt salary ranges for each classification. 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. 5 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 will be filled on the basis of a regular or temporary appointment and may be made on a full-time or part-time basis. Procedure: Vacancies will first be posted internally. If, in the opinion of the City Administrator, it is necessary to recruit externally to attract more qualified candidates, the position will be opened to the general public. 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 for five (5) working days prior to 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. 6 Application Form: Applicants for initial hire or promotion must normally submit written application materials setting forth their qualiEcations 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 sball review all applications and conduct job-relevant background reviews screening all applications to determine candidate qualiEcations. Initial interviews may be conducted of the applicants whose qualiEcations are best-suited for the position. Any applicant not meeting minimum qualiEcations required for the position sball be rejected for further consideration. 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. - --Disquaiification--of Application:. An~:ipplicant:may-be fejectea at any time~1f 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 sball 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 intettuption 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 entided to benefits. 7 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 HIP AA 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 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 non members 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. 8 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 Probationaty Appointment: The City Council, or the City Administrator with approval of the City Council, may terttlinate an Employee anytime, for any reason, during that Employee's probationary period. The Employee so terttlinated 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. Veterans, as defined by law, shall be released from employment with the City only after a determination through a fair hearing for incompetence or misconduct. 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. 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 without pay until such time as an appropriate position is available. Completion of Probation Period: A performance evaluation will be completed . and-rev;ewedWfth ilie-Etrip]oyeeoeTorethe end ofilie proDationary 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 sbould be continued. City Administrator: In the case of the City Administrator, the Council will evaluate the Employee and deterttline 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. 9 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, andf 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. 5.2 Promotion General: Vacancies shall be filled by promotion of present Employees who meet the requirements established for the classification, when it 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 , d df' 'Lili'" "":A~ , -- -rmlge,failK. ot-.gra e,.an-Of~lessertespOflSiLJ ty-than-ptevlously-nelu;- n-C.i;I1ployee- may also be demoted if his fher position has been abolished or reclassified and hef 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 layoff any Employee whenever such aetion is made necessary by reason of shortage of work or funds, the abolition of a position, or because of changes in organization. Two weeks advance written notice of the lay-off shall be given. An Employee may be transferred to another position if 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 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. 10 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 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. __(;..3 ~Work-g(\l1rS ---------- ~ .. - ....-~- 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. 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. 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, 8:00 a.m. to 4:00 p.m., including rest periods. 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. 6.4 Work Breaks Meal Break: Employees working eight or more consecutive hours will be authorized an unpaid meal break. 11 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 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 plltJ:>ose 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 intmediate 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 goveming accrual and use of overtime. The City Administrator will determine whether each Employee is designated as "exempt" or "non-exempt" from eatning 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 houts worked over 40 in one workweek. Personal leave and paid holidays will count toward "hours worked." Compensation will take the form of either overtime payor compensatory time. Compensatory time is paid time off at the rate of one and one-half (1 %) off for each hour of overtime worked. Workweek: The workweek is Sunday moming from 12:00 a.m. to Saturday evening at 11 :59 p.m. Approval: The Employee's supervisor must approve overtime houts 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 sintilar situations where the intmediate response of staff is requited to avert endangennent of life, home or property. In the event of an emergency situation, the City Administrator shall be notified intmediately. 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. 12 Accumulation: The maximum compensatory time accumulation is forty (40) hours unless a higher amount is established by the City Council. Use of Compensatory 'rime: 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 accountancy, 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 weekly salary for any week in which any work is performed. The City will ouly make deductions from the weekly salary of an exempt Employee in the following situations: -A)- Tne-F;mployee-isin-"positibnmat does-nbteam l'ersonalleave-ana 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. 13 1_ 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 nnpaid leave under the Family and Medical Leave Act (FMLA). 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. Deductions: 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 Ov:ertime: Generally overtime should be avoided; however, all Employees, in all departments, are required to work overtime as requested by . Their superVisors asa condition of contfuuea-employmenC-Retusai 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 relatiug 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 conttact 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. 14 Compensation: No Employee shall accept payor 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; B) Use accumulated personnel leave or other leave for such calls, or pay the City any earniogs received as a volunteer for such calls; C) Unless authorized otherwise, only one Employee 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. lbis shall include canvassing, collection of funds, pledges, taking orders or subscriptions, circulation of petitions, solicitation of memberships or any similar type of activity. Exceptions may be made with prior approval of the City administrator or designee. 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 Martin Luther King's Birthday President's Day Memorial Day Independence Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 15 Labor Day Veterans Day Thanksgiving Day Fourth Friday Christmas Day Floating Holiday First Monday in September November 11 Fourth Thursday in November Friday after Thanksgiving December 25 Date to be pre-approved. 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 two and one-half (2 \12) times the Employee's rate of pay. 1'\.T......._ '\Vl"'...'r.......:I.d..... =10' pl..,.~..........-no... ...~t....,.dilll.,.....:J ........ w.o...1r ro-....._ h",l~...1...,.~S ~11 )..."'- co~--sate..l --j,"Iv..-Wu.a.n,,-u. .l..1_U.-" J.vy........., l..-,,\....U....... .....U..-LV- .t.n..-":>ll Ullyay _.1.J.l ..........- iii!:".....ll .....-- at the normal hourly rate. On Leave: Holidays occurring during an Employee's PrO or funeral leave will be considered a holiday and the Employee's leave bank will not be charged for PrO 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 (PrO) 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 PrO leave at the following rates. Years of Service o through 5 years 6 through 10 years 11 through 15 years 16+ years PTO Earned 6.77 hours per pay period 8.31 hours per pay period 9.85 hours per pay period 11.38 hours per pay period 16 Accrual While Using: Employees using earned PTO shall be considered to be working for the purpose of accumulating additional PTO. 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 176 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 reguhu: 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 'ln~ployee's PTO leave will be-considere(Caholld,ry- and the Employee will not be charged for no 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 entided 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 entided to insurance benefits during a workers' compensation leave. Employees receiving such workers' compensation will be considered working for the purpose of accumulating additional personal leave benefits. Unused PTO Leave Pay: Any unused Personal Time Off leave may be paid out subject to the following rules and regulations: 17 (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. 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 or unionized Employees who have a sick pool that is already established. . 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. ~-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 payor 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 setious 18 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; (B) Any period of incapacity because of pregnancy or prenatal care; (C) Any period of incapacity because of a chronic, serious condition; (0) Any period of abs=ce 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 intennittent basis or work a reduced schedule under certain circumstances. 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. 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 =tire 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 do not have to be maintained during periods of unpaid medical leave. 9.3 Military Leave General: Minnesota Statutes, ~ 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 =titled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the 19 rime such Employee is engaged in training or active service, not exceeding a total of fifteen (15) days in any calendar year. 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 teturning 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 rime 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 theEmployee retumsto work-;-fheEmpioyee 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 rime for purposes ofPTO 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 retum 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 witoess in court or voluntarily serviog as a witoess 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. 20 9.5 Funeral Leave General: Paid time off may be granted, up to a maximum of three (3) days, in tbe event a regular Employee suffers a deatb in his or her immediate family, in accordance witb tbe provisions of this Section. Additional time off witbout pay, or sick leave if available and requested in advance, will be granted as may reasonably be required under individual circumstances, subject to the approval of tbe 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, brotber, sister, step-brotber, step-sister, grandparent, grandchild, spouse's parents, brotber-in-law, sister-in-law, or member of tbe immediate household. Pay: The actual amount of time off, and funeral leave approved will be determined by the department head depending on individual circumstances, (such as tbe closeness of tbe relative, arrangements to be made, distance to the funeral, etc.). In tbese situations, Employees will receive tbeir regular pay except tbat Employees will not be paid for regularly scheduled days off. 9.6 Y3J:eDting Leave ~::---_ .. . ..... ......_n______________._._.___________..___._ General: Under Minnesota Statute ~ 181.941, an Employee is eligible to take up to six weeks time off witbout pay in conjunction with tbe birth or adoption of a child. The leave may begin not more tban six weeks after tbe birth or adoption; except that, in the case where tbe child must remain in the hospital longer tban tbe motber, tbe leave may not begin more than six weeks after tbe child leaves tbe hospital. Eligibility: Employees who work at least half-time and have worked for the City for at least twelve (12) consecutive montbs are eligible for parenting leave. Healtb Benefits: Insurance coverage will continue to be available to tbe Employee 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. Reinstatement: The Employee is entitled to return to work in tbe same or comparable position and at tbe same rate of pay tbe Employee was receiving prior to commencement of the leave. Benefits will continue to accrue as if the Employee was at work. 21 9.7 School Conference and Activities Leave Leave of 16 Hours: Under Minnesota Statute ~ 181.9412, an Employer must grant an Etuployee 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-kindergatten regular or special education program, the Employee may use the leave time provided in this section to attend a conference or 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 reasonahle 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 com~ensatory timeJor any P<lrt of the leav.e_ under~~.:ection. ___ . 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 22 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 detennination 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 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 OCCto 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 regulat:ly 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 ~ 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. 23 10. TEMPORARY LIGHT DUTY POLICY 10.1 Application Temporarily Disabled: Consistent with public service needs, the City may assign light duty to employees who ate 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: 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 bis/her Department Head. The request shall state the nature and extent of the temporary disability and the job duties wbich 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 requite the request to be accompanied by a physician's report - ,._------,__ containing_diagnosis,xuttenureatment, and.pbysician.apprQval forJighcduty assignment with any restrictions thereon. B) The Gty may requite 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 wbich 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 cunendy 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. 24 11. INSURANCE PLANS 11.1 Health, Dental, Disability, & Life Insurance Upon proper application and subject to payment of any required premiutns, 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 premiutns, an Employee's dependents may also be covered under such plans. 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 Cafeteria Plan. Employees are required to choose at least the core benefit plan, as defined in the City's Cafeteria Plan document. 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) r.............--a...~~on .to.I>.... _...~'f-ho..;.erL~o...,..;h.l"'" s~endin........ "..............."....+.. ......V.L.I.LLLlJUU AU, ~U.U.l ..L..I..L. ...... .LL.....h.I.U.l~- l' 5-....'"'........~L, (C) Contribution to an Employer sponsored deferred compensation (457) program. (D) Or, the Employee may elect to receive the balance in taxable income. 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: 25 . Coverage is obtained under another group plan; or . Until coverage would otherwise end under the plan, such as the City tenninating their group coverage for all Employees. Life Insurance Benefits: Generally, if an Employee loses coverage through tennination 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. 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---,..A...rlt"nl1"1tstrator_m -appr9y1ng-requests- or --asslgr'1t1g-ttaW1ng__-TLrne_ 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 aU accredited institution of higher learning or vocational-technical school; 26 . 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. 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. 12.3 Travel Reimbursement The City Council =y 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 othet verification of the expenses, which show the actual cost of lodging, meals and incidental expenses, are required for reimbursement. A) Automobile Expense: When Employees ate required to use their own vehicles to conduct City business or to attend approved training, the City will reimburse the Employee for tniIeage at a rate established by action of the City Council. The adopted rate will remain in effect until a change in rate is approved. B) Overnight Travel: Lodging expenses include actual reasonable cost of lodging while away on approved travel or training. The .aIDount 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. 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 27 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 and are part of a conference or meeting registration fee are not included in this requirement and will not be considered taxable. 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 regu1ar working days during normal working hours, but also during the corresponding hours on non-working days. Example: If an Employee regu1arly 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. 13. PERFORMANCE APPRAISAL 13.1 Employee Performance Appraisal Schedule: Employees will normally have their performance evaluated at least once during the six- (6) month probationary period, and every twelve (12) months 28 thereafter. Performance evaluations will be maintained in Employee personnd files and will be considered when personnd actions are contemplated. Performance appraisals will be conducted in accordance with the established performance appraisal system. 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 personnd policy. 14.2 Safety/Accident Reporting Forms: Workers' Compensation and OSHA laws require that Employees involved -- -iIcjob=related-accidents"-and-sicknesses-file -a-Pirst-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. 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. 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 adversdy affected by the action of the City. 29 Step 1: Step 2: Step 3: Step 4: 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. If the Employee 1S dissatisfied with the response of his/her supervisor, the Employee may, within ten (10) working days from the aateorthe re-sponse;-iippealthe grievanceto iiiSlher departlrieriC- head. The department head shall respond to the grievance, in writing, within ten (10) working days. 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. 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 affrrm 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 ot 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 authority may request additional information, or conduct additional investigation, as he/she deems necessary. 30 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 !naY 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. _Emp!oyee_Responsibility:_ City-Employees.are_expectedto.fu1fil1J:heit..duties.and_ responsibilities at the level required, including observance of work rules and standards of conduct. Failure to do so !naY 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 of Centerville will normally use progressive and fait discipline with full-time regular Employees. There may be circumstances that warrant deviation from the suggested order of the disciplinary process. The normal process is as follows: 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. 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. 31 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 doCUtnent 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 doCUtnents 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. For any suspension, or any second suspension for the same individual, the City Council shall review the reasons for the suspension and upon review, will make a recommendation as to the future status of the Employee and his/her continued employment with the City. 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. 17.3 Reasons for Dismissal Subject to the provisions contained in Minnesota Statutes ~ 181.931 - 181.935, the City Council may dismiss an Employee for substandard work performance or behavior not in keeping with City standards, or if in the judgment of the City Council, the Employee is unsuited for employment with the City. Under Minnesota Statute ~ 197.46, removal of veterans may be made only for incompetence or misconduct shown after a hearing with due notice. 32 18. SEXUAL HARASSMENT 18.1 General The City of Centerville is comtnitted to providing a working envirorunent free of harassment and discrimination. In keeping with this comtnitment, the City maintains a sttict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any fortn, including verbal and pbysical 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 behaviotal obligations and to inform them of their rights. 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 tertn or condition, either explicitly or implicitly, for obtaining employment; B) Submission to ot 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 ot 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 ot sexual favors Sexual gestures . . . . 33 . 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 Centerv:ille 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. Report to: Any Employee who believes he or she has been harassed by a co- worker, supervisor, or agent of the City should prompdy report the facts of the incident or incidents and the names of the individuals involved to his or her . su!,ervisor_Qrin the alternative t()-.!he City:Administrato!-______ ~_ Responsibility: Supervisors should immediately report any incidents of sexual harassment to the City Administrator. If the City Administrator is unavailable, supervisors should report the incident immediately to the Mayor or a Counci1member. The City Administrator (or Mayor or Councihnember) will investigate such claims and take 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 councihnember. 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 dose 34 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. 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. 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. 35 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 natnre 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; B) Unsolicited items 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 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 36 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 confidentia1ity of data maintained by the City. The City is not obligated to give special treatment, such as preferential scheduling, to manied 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. 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 ~ecityorCentet:ville'Spetsonnei system;- or in any manner' com.nnt or attempt~ conunit, 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 Centet:ville 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 othet property for personal conveniences or profit unless the use is available to the public generally at 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 for more than 30 consecutive days. Responsibility: All Employees of the City of Centet:ville 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. 37 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. 20.8 Political Activities General: Political activities which are not in violation of state and federal laws are ___ _ 2;ener~p~tgritted. _ Ihe followitlg_politicalyctivities 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. 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 vaty 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 is strongly discouraged: 38 . 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. 21.2 Casual Fridays General: Fridays are designated as "casual day" in City Hall. On these days nice jeans, City logo t-shirts, City logo sweatshirts and knee-length walking shorts can he 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 infottnation 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: 39 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. 22.3 Inappropriate Material General: Electronic media may not be used for knowingly transmitting, retrieving or storage of any communications of a discriminatory or harassing nature, or which are derogatory to any individual or group, or which are obscene or sexually explicit, or are of a defamatory or threatening nature, or for "chain letters," or for any other purpose which is illegal or against City policy or detrimental to the City's reputation. Electronic media may not be used for personal use relating to political, religious, or personal financial profit. --~.--=--22;4 ----Personal-Use LirrJtations----- ------- General: Electronic media and services are primarily for City business use. Lirnited, occasional or incidental use of electronic media (sending or receiving) for personal, non-business purposes done on the Employee's personal time is understandable and acceptable - as is the case with personal phone calls. However, Employees need to demonstrate a sense of responsibility and may not abuse the privilege. Such personal use must not consume large amounts of City resources. Employees using electronic media and services for personal use waive any claims to privacy regarding that usage. Any costs incurred by the City due to personal use (such as printing costs, per- minute Internet fees or cellular phone charges) must be paid by the Employee. Excessive personal use will be determined by the individual Employee's supervisor, and may subject the Employee to disciplinary action. Personal Software: Personal software can significantly impact the operation of City equipment. Consequently, the installation and use of privately owned software is allowed only when approved in advance by the Technology Manager or City Administrator. This includes downloading software from internet sites. Games are not considered to be appropriate software for City computer equipment. If allowed, all personal software, including screensavers and shareware, must be legally purchased and properly licensed to the Employee. A copy of the license must be located in the Employee's office. Personal software and data may be removed without warning at any time. The City is not responsible for the back-up or recovery of files associated with personal software. If it is suspected that a personal software package is the cause of a problem with any City software, it may be removed without warmng. 40 22.5 Individual Privacy General: The City also reserves the right, in its discretion, to review any Employee's electronic files, messages and usage to the extent necessary to ensure that electronic media and services are being used in compliance with the law and with this and other City policies. Employees should therefore not assume electronic communications are private and confidential and should transmit higWy sensitive information in other ways. Employees should be aware that any data stored may be subject to government data practices laws which make the text accessible to the public. 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.oQLdelete,_exarnine,ucopy or modify_tiles_and/or _.data_belongingto _ 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 of the 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. 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. 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 prohibited. The willful or careless introduction of programs known as computer 41 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: Generally, electronic messages are temporary communication which are non-vital and may be discarded routinely in accordance with the City's record retention policy. However, depending on the content of the email message, it may be considered a more formal record and should be retained pursuant to a department's record retention schedules. Examples of messages of this nature are: Policy, decision-making, or other memoranda of specific public business. As such, these ernail messages 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 42 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. 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)__~-,0_ng~Q!.k hQ!!!~PJ'fSonal 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. 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) Upon approval of the City Administrator, Employees will be allowed to upgrade to a more expensive plan for personal reasons if the Employee agrees to pay the difference in cost between the two plans. F) 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 discipIinary action. Any additional charges will be paid by the Employee. 43 24. DRUG FREE WORKPLACE 24.1 Policy General: In accordance with federal law, the City of CenteJ:Ville has adopted the following policy on drugs 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 tennination, 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. 24.2 Drug and/or Alcohol Treatment Discipline: Employees are prohibited from possessing or consuming alcohol or non-prescription druga 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. Assistance: The City has also made available access to an Employee Assistance Program (EAP), sponsored by CIGNA Behavioral Health Services. 44 25. EMPLOYEE RECOGNITION 25.1 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 minimum 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 structuriug by-laws and operatiug 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 selectiug 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 ...1.........1-......1~....~h..~..."".............S______________.__ .:u..........J..L....,.LI.....u....v.....L~..... 26. 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: Di.rrimin.tion 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 keepiug with the City's commitment and the requirements of the law, the City and staff will strive to remove any disrrimin.tion 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. 45 (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 inunedistely to his/her supervisor. The employee's supervisor shall then inunediately notify the City Administrator about the complaint. (B) If the contact with the inunediate supervisor does not prove effective, or if the problem is with the supervisor, the Employee may at his/her own discretion, by-pass the inunediate supervisor and submit a written complaint direcrly to the City Administtator. (C) An Employee sbould report the complaint in writing, detailing the nature of the complaint and all events leading up to the situation prompting the complaint. Ust 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. 27. 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 filllXorce __ _.__ ._.__n...._____..____._______.__.. _____ and effect Adopted by the City Council of the City of Centerville this _th day of ,2004. Attest: Signed: City Administrator Mayor 46 ( Memo", TO: ,Honorable Mayor and Council Members Kim Stephan ~ , \'{ \1 FROM: SUBJECT: Parks and Recreation Committee Recommendation Commercial & Industrial Park Dedication Fees DATE: April 9, 2004 The Parks and Recreation Committee made the following recommendation for Council consideration at their April 7, 2004 committee meeting. Commercial & Industrial Park Dedication Fees ( At the March 3, 2004 Parks & Recreatioil Meeting, Vice-Chairperson LeBla:ncqu~oned ifthere were currently any "park dedication fees required fOfCommercial orindustrlii1 properties. ChairpersOn Peterson responded with the City of~ino Lakes is curr~y char~ p~dediCation fees fOf commercial property, but Centerville requires only residelltial,. prqperUestO pay p8rk dedication fees. Council Member Lee requested this be added, as a discussion on the next coqncil , agen~a ~:}Vas.March 10, 2004,. City Counc:n directed ~to research what otluir cities were chargmg,""it8l1ything, for Commercial & Industrial Park Dedication Fees.. , The infurmation the City Clerk put together iTom the Cities ofLino LakllS.& ffugo was ~seDted to City Council at the March 24, 2004 City Council Meeting. City Council requeSted this informa1:!on be passed on to the Paries & Recreation Committee for a recommendation. Both the cities ofLino T .like- & Hngo have Commercial & Industrial Park Dedication Fees as follows: Lino Lakes S2,175/aere - Both Commercial & Industrial 51,665/unit - Residential 51,BOO/aere - Commercial, Indnstrial & Residential Hugo The Parks & Recreation Committee discussed the various options at length, Committee Member Pell stated She was in wor of charging fees per acre, but Wanted an amount lower than the cities current $30001unit charge for Residential Park DedicatioiI Fees. Committee Member Pell felt the Various fees charged for permits was already a deterrent to businesses choosing to look at building in Cemerville and wanted to keep the Park DediCation Fees lower so as to not discourage businesses or appear that Centerville was not business mendly. Chairperson Peterson agreed and added that Centerville's requirements for building in industrial and commercial areas were already more Stringent than neighboririg communities, and although that allowed for' higher quality buildings, it also kept some businesses from choosing Centerville. I L _ ( ( 1\4, fle.~~~!' .;. it ~~ '. i 1~. . .-'" ,.. -...,',....~':Vi..j..1 oJ' TO: City Administrator, Ms. Moore-Sykes City Clerk, Teresa BendeF{,~ . Park Dedication Fees (Lino Lakes & Hugo) - CommerciallIndustrial Developments FROM: SUBJECT: DATE: March 22,2004 Subsequent to Council's request for information regarding neighboring community's fees for Park Dedication Fees associated with Commercial and Industrial Developments; similar to residential development requirements, the following is the information that was obtained from the cities ofLino Lakes and Hugo: Lino Lakes $2, 175.00/acre - Both Commercial & Industrial $1,665.00/unit -'Residential $1,800.00/acre ~ Commercial, Industrial & Residential Hugo If you any additional questions, please let me know. c . MICHAEl DO KATHlEBI JIHIISOII "'" 7046 Brian Dr. Centerville, Mn. 55038 CENIERVlLLE, MN. 55038 Anoka Phone 651-248-2793 Home Phooe 1-651-426-1217 May 28, 2004 CityofCenterville 1880 Main Street Centerville, Mn. 55038 City of Centerville Council Members, This is the fourth letter we have sent to the Council. Again, Michael D. Johnson attended the hearing for the proposed street improvements for Brian Dr.on Thurs. JaIL 29, 2004. When Michael tried to address the council regarding proposed improvements that affeet our property at ( 7046 Brian Dr.) , Acting Mayor -Council Member Linda Broussard Vickers said , "You will not be able to speak. As we have already spoken about your "Special Situation", any thing you want to say has to be put in writing." On Feb. 08,2004 we sent our first letter of protest. We put one in the City Hall mailbox and sent another copy E-mail. We were told that they were never receivedt So we sent another copy to City Hall and a copy to Mary Capra -Council member. On May 26,2004 a third letter along with two picture boards that revealed befure and after shots of the last improvements to said property were brought to city Hall for the May 26, 2004 Council Meeting, for Mary Capra- Councilmember to present to the Council in . -:c.: :::;-: the event:that-we:COUld.notgeHotbe CounCIl meetlllg:m.ttme:.Maty,lOapra S31dthatshe:would-have:the:Bnanlli.cc:cccc:--:: topic moved to last on the agenda. That we should come as soon as possible. Sbe stated, that there was a10t on tbe agenda and she thought the meeting would go late, maybe to eleven o'clock. She also stated that she would only be there to nine o'clock. We arrived at ten to nine o'clock. We found four people in the parking lot. We introduced ourselves to Kim Moor-Sykes, City Administrator aod to City Attorney Jeff Hoeft. They informed us that the meeting was over. That they too thought it would go late, but in fuet the meeting was over early. Jeff Hoeft excused himself and we continued speaking to Kim Moor-Sykes expressing to her our disagreement with the proposed improvements to Brian Dr.. She informed us that the project is going ahead and that the City Engineer- Tom Peterson made a diagram showing the council that be proposed to come into the easement on our property 100 to 150' removing all the improvements that have already been made, extending as fur as the center of the creek on the road way. Again we oppose this proposal and any assessments regarding the 2004 Brian Drive Street Improvement Project as the proposed improvements to this side of Brian Drive have already been 1l1ade up to and all parts that affect our property and it needs to be further noted that the improvements made are correct and functioning properly as fur as all drainage issues go. We have a new culvert over Clearwater Creek. Elevation and the Grade have been changed, new corb and gutter installed, Water has been brought up imo our property and stubbed, A new Sewer aod Storm drain are installed. Any further changes to the already existing new improvements to our property WILL NOT "BENEFIT" our property in any way! AGAIN all the issues City Engineer- Tom Peterson brought up to us deal with the other side of the street including the drainage issues. We bearby request again for our side of the street to be left alone, aoy removing of said improvements that have already been made on our side is a waste of money and very detrimental to our property and the neighborhood as a whole as currently our side of the street is straight and appealing to the eye from one end of the street as well as the other. And we have no drainage issues. See Minnesota Statute 429.051, If you proceed and remove our said improvements, you the city are responsible for all costs incurred for this new pr'!iect as the new proposed improvement pr'!iect does not benefit 7046 Brian Dr. Centerville, Mn. E~sed are copies of all letters that have been sent to the City. Sincerely een M. Johoson Minnesota Statutes 2003, 429.051 Minnesota Statutes 2003 Table of Chapters Table of contents for Chapter 429 429.051 Apportionment of CQst. The cost of any improvement, or any part thereof, may be assessed upon property benefited by the improvement, based upon the benefits received, whether or not the property abuts on the improvement and whether or not any part of the cost of the improvement is paid from the county state-aid highway fund, the municipal state-aid street fund, or the trunk highway fund. The area assessed may be less than but may not exceed the area proposed to be assessed as stated in the notice of hearing on the improvement, except as provided below. The municipality may pay such portion of the cost of the improvement as the council may determine from general ad valorem tax levies or from other revenues or funds of the municipality available for the purpose. The municipality may subsequently reimburse itself for all or ~ny of the portion of the cost of a water, storm sewer, or sanitary sewer improvement so paid by levying additional assessments upon any properties abutting on but not previously assessed for the improvement, on notice and hearing as provided for the assessments initially made. To the extent that such an improvement benefits nonabutting properties which may be served by the improvement when one or more later extensions or _*,::i:mprovemen-cs-.;:::::a-re;__mac;ie__but___Wh:1:Ch:--:-a-I:e=-::n~;P-:::-~Il1;~.:L-q.L.J;. Y._..c:l.s)?E:;~~,~q._ therefor, tne municipality may also reimburse itself by adding all or any of the portion of the cost so paid to the assessments levied for any of such later extensions or improvements, provided that notice that such additional amount will be assessed is included in the notice of hearing on the making of such extensions or improvements. The additional assessments herein authorized may be made whether or not the properties assessed were included in the area described in the notice of hearing on the making of the original improvement. In any city of the fourth class electing to proceed under a home rule charter as provided in this chapter, which charter provides for a board of water commdssioners and authorizes such board to assess a water frontage tax to defray the cost of construction of water mains, such board may assess the tax based upon the benefits received and without regard to any charter limitation on the amount that may be assessed for each lineal foot of property abutting on the water main. The water frontage tax shall be imposed according to the procedure and, except as herein provided, subject to the limitations of the charter of the city. HrST: 1953 c 398 s 5; 1955 c 842 s 1; 1957 c 40 s 1; 1959 c 490 s 1; 1961 c 286 s 1 Copyright 2003 by the Office of Revisor of statutes, State of M2nnesota. http://www.revisor.leg.state.mn.uslstats/429/051.html Page 1 ofl . 61112004 MICHAEL UDIATHlUN JIH.. 7046 Brian Dr. a:n,,,,...illc, Mn. 55038 CENTERVILLE, MN. 55038 Phone 651.248.2793 HomePl!<m< J-6.SH:l6.1217 May 26, 2004 City of Centervill~ 1880 Main StrllElt Centerville, Mn. 55038 City of Ceriterville Council Members, Our names are Michael and Kathleen Johnson. We reside at 7046 Brian Or. As we stated in our prior lelter to the council dated Feb. 08,2004, Your council meeting of Thurs. Jan. 29,2004 regarded proposed improvements to Brian Dr. from Main Street to 150' North of Brian Court At that time Michael was informed that the project would not really affect our property and that there would be no assessments to our property for this project. We asked in our prior letter to have the council give us that assurment in writing. We have been given no response. The project has moved ahead and completely been changed regarding our property, without these cihanges being made public. (We heard abo\.llthem along with our neighbor Ginger Rehbein, in the street when Tom Peterson came to talk with us both. Mike let Tom know that this was not the stated plan at the council meeting on the project. He also let Tom Know he was not in agreement As has been stated before, the plllnned improvements have already been done up to and all parts that affect our property and the improvements already made are correct and functioning properly -", ~:::oaSiar.:as:aildralnage'lssues'go;cAga,",:::as,the:picturesindicate:We:have:a 119Wculvert:olfer.CJearwater:c Creek. Elevation and the Grade ha\{e been cihanged, new Curb and Gutter inStalled, Water has been brought up into our property and stubbed, A new Sewer and a Storm drain are installed. Any further changes to the already existing new improvements to our property will not "Benefif our property in any way! All the issues that Tom Peterson brought up to us deal with the other side of the street including the drainage issues. We are hearby requesting again for our side of the street to be left alone, any removing of seid improvements that heve been already made on our side is a waste of money and is very detrimental to our property and the neighborhood as a whole as cun:entlyour side of the street is straight and appealing to the eye from one end of the street as well as the oiher. (See pictures) and we have no drainage issues. Your prompt attentiOn to this matter is greatly appreciated. Thank You. Sincerely, MICHAEL AND KATHLEEN JOHNSON 7046 Brian Dr. Centerville, Mn. 55038 CENTERVlLLE, MN. 55038 Home Phone 1-651-426-1217 February 08, 2004 CITY OF CENTERVILLE CITY OF CENTERVILLE COUNCIL MEMBERS; Our names are Michael and Kathleen Johnson. We reside at 7046 Brian Dr.in Centerville. Michael was at your council meeting Thurs. Jan. 29, 2004 regarding proposed improvements to Brian Dr. from Main St. to 150' North of Brian Crt. at that time he was informed that we would have no assessments for this project, We want to be certain that we are not assessed, as our property will not benefit from improvements made. We again bring to your attention that all said improvements around our property have already been made. This is the east side of Brian Dr. up to and including the new culvert OVer Clearwater Creek. Elevation and Grade have been changed, new curb and gutter installed, water has been brought up into our property and stubbed, sewer is done and a storm drain is installed in the center of Brian Dr. just south of the creek culvert. We request that this information be included in your pUblic record when you order the project. We also would ask that great care be made when you widen the west side of Brian Dr. as we have been dug up on all four sides of our property (sometimes twice) in the last several years.-We allowed the City to use our property to store equipment and as - -_~~~--:-~---a.~~:eL-d~f:?P.-S=--whe~e-a:t:'\'!~:t;:t:.L:-:Cl.-~e-k:=:at!~-:::~:t::.L"~_::)-w~Le-- ... . .....roe-aone.We. aSk"thiiC'yoU"use the"samenconsideration'whe-n~you-cIose off the street, so we don't have traffic using our driveway or property as a place to turn around. Your prompt attention to this matter is greatly appreciated. Thank You; , L ~ r() f8 !..() ~ ~ ~ ~~- : ~~-~- i ~~i 1 ~ '"~ ~ [; ,1' .=t- o o l'- ..- Cl- ' -' ' .......0, c,.:)......., .......~, a:....... ; =:;::) a: 0' ::;)....... ..-a: ....... a: r, ~-" . ~ Ii ~~ 1,:s: :r ,,~ ,l;)J ~.~= CQ'- ~. '~ ,~.#8 ~~~ - y.I~~ ~~~ Id",=,~ ""'. n: ~ :::.~w . . ~~ is -- -- --. - ......-. ~-~ C"\I ; - ~ ....;; ....- ,- -- .-' ~ .... ~ ::::;: ~ -i ,Q :.;e' ~ -- -"~....:: -- "'f" fJ't I" 1'/"1 :"" '~J ' ('1"1 f~.1, f,~l Il) ~ ~ ~ ~ ~l.lJ'-.. .I... ~ f; ~. ~ l..:. \Jjl....i.".~..~lll.\./ '.' '.'.0..' ~Vj.l\l "I , . ), 1-,. ..'~L.i \ ;'.~)'i TO: Honorable Mayor and Council Members Paul Palzer, Public Works Director/Building Official g Mr. & Mrs. Joel Swenson, 7016 Brian Court FROM: SUBJECT: DATE: June 4,2004 As of June 1, 2004, Mr. & Mrs. Swenson have relocated their shed and it is no longer located in the drainage/utility easement or appears to be encroaching the side yard setback line of5 feet from the lot line. I also updated the Planning and Zoning Commission on this same issue at their meeting ofJune 1, 2004. I RlCHARD A MERRIll DARREll A JENSEN JEffREY S. JOHNSON RUSSEll H. CROWDER JON P. ER1CKSON THOMAS P. MALONE MlCHAELE HURLEY )UGLAS G. SAUTER ORMAN L TALLE lARlES M. SEYKOl\A DANIEL D. GANTER, JR BEVERLY K. DODGE JAMES D. HOEFT jOAN M. QUADE JOHN T. BUCHMAN SCOTT M. LEPAK BGS STEVEN G. THORSON EUZABETH A. SCHADING WILUAM E HUEFNER BRADLEY A. KLETSCHER KRIST! R. RILEY WILLIAM D. SIEGE!. JENNIFER c. THUl1EN SMITH KARlN E. SIMONSON MATTHEW A KOROGI EDWARD (T.ED) P. SHill T.IMOTHY D. ERB Barna, Guzy & Steffen, Ltd. ATTORNEYS AT LAW 400 N orthtown Financial Plaza 200 Coon Rapids Boulevard Minneapolis, MN 55433-5894 (763) 780-8500 FAX (763) 780-1777 1-800-422-3486 1lI11 fl 1 2004 www.bgslaw.com \ll.llt; 1,4~ Retired ROBERT A. GUIT BERNARD E. STEFFEN 1931-2002 Writer's Direct Line: (763) 783-5168 ,.....'.. . Internet E-Mail Address: ksimonson@bgslaw.col'lrJtJ~ '\ , n PJfT1'i May 27, 2004 Thomas J. Rooney Rooney & Neilson, Ltd. 1339 E. County Road D Vadnais Heights, MN 55109-5260 VIA FAX AND U.S. MAIL RE: City of Centerville v. R & R Leasing, Inc. Court File No. C2-D3-9619 Your File No. 12812 --.__ ______O_ucEil<ZN.Q;:6QOO~_Q6_ ___ n .__.. ,,"-~., -.---....~-_._---_.~-~~--_._---~.. Dear Mr. Rooney: This letter is to inform you that the City Council has approved the terms of the Settlement Agreement reached during the mediation on May 13, 2004. Please have yout client send a check to our office for $9,000.00 made payable to the Barna, Guzy & Steffen trust account or pay the City directly. This letter is also to inform you that I have accepted another position and my last day with Barna, Guzy & Steffen will be Friday, May 28, 2004. Therefore, please send all future correspondence, communications and all other documents to the attention of James D. Hoeft at our'office. If you have any questions, please call. Yours truly, BARNA, GDZY & STEFFEN, LTD. vC.~~---J KES:dhn cc: Client John Harens James D. Hoeft, Esq: Established 1938.An EOElAA Employer COUNTY OF ANOKA Public Services Division HIGHWAY DEPARTMENT 1440 BUNKER LAKE BLVD. NW., ANDOVER, MINNESOTA 55304 (763) t:l62-4200 FAX (763) 862-4201 June 1,2004 Kim Moore-Sykes Community Development Director City ofCenterville 1880 Main Street Centerville, MN 55038-9794 Dear Kim: SUBJECT: Transit System Plan Several months ago, we sent letters to all of you stating that we were beginning work on a Transit System Plan for the County. This project was undertaken for two reasons: I) to analyze and better understand the transit needs of the future for our communities, and 2) to develop a long-range plan for transit that would begin to meet those needs. We have completed the first draft of the TSP (Transit System Plan) and would like to invite you to a presentation over lunch to discuss our [mdings. County Highway Department Staff, Anoka Traveler Staff, and our consultant, SRF Consulting, Inc., will be. on hand to provide information and, most importantly, to hear your reactions and input about the plan. We hope you and any other interested members of your staff will join us. The presentation will be given: WHEN: TIME: WHERE: Wednesday, June 30th II :00 a.m. to I :00 p.m. (Lunch Provide!!> Riedel House 5100 East River Road NE, Fridley The Riedel House is one of the Anoka County Park facilities within the Riverfront Regional Park, located 1/2 mile south ofl-694 on East River Road. Lunch will be provided in hopes that this will make attendance as convenient as possible, given your busy schedules. Affirmative Action I Equal Opportunity Employer . Re: Transit System Plan June 1,2004 Page 2 Our only request is that.you RSVP so we are sure to have lunches for everyone. To do so, please call Sherree at 763-862-4200 by Monday, June 28th at 4:30 p.m. to let her know how many people will be attending. We're looking forward to seeing you on the 30th and to hearing your opinions about the draft TSP. Meanwhile, if you have any questions, please feel free to contact me at 763-862-4230 or via email at kate.garwood(a)co.anoka.rnn.us . lJ~ Kate GarwW Multimodal Transportation Manager Enclosure: Map to Riedel House " . . Riedel Farm Estate in Riverfront Regional Park 5100 East River Road NE Fridley, MN 55432 1/2 mile south ofI-694 on East River Road 763-757-3920 From Minneapolis/St. Paul; Take I-35W nortl,1 to 1-694 west. Follow 694 west to the EaSt River Road exit and turn left (go south). Follow East River Road two miles to the Riverfront Park entrance on the right side of the road. From Blaille, Ham Lake, Lillo Lakes: Take Highway 65 south to 1-694 west. Follow 694 west to the East River Road exit and turn left (go south). Follow East River Road two miles to the Riverfront Park entrance on the right side of the road. From Anoka, Ramsey, Coon Rapids: Take Coon Rapids Boulevard south to East River Road south. Follow East River Road six miles to the Riverfront Park entrance on the right side of the road. Teresa Bender From: Teresa Bender [tbender@centervillemn.com] Sent: Thursday, June 03, 2004 3:38 PM To: Tom Peterson (tpeterson@bonestroo.com) Dear Mr. Peterson: It is my understanding that you are to forward a letter to Mr. & Mrs. Johnson - 7046 Brian Drive. What is the status of same? Please let me know. '/....,.'8""""'- <'?1t &at <'?1t4 ~ 1880 maIN:'3AMt ~,m11 56038 rK-, (650 429-3232",13 :P_ (650429-&1529 6/9/2004 l Page 1 oft