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Home My WebLink About2009-12-09 CC Packet CITY OF CENTERVILLE tervil�e COUNCIL MEETING AGENDA Estab(ad,I1857 Wednesday, December 9, 2009 6:30 p.m. or shortly thereafter OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign -up sheet and give it to the Mayor or a Staff person by 6:15 p.m. COUNCIL MEETING CALL TO ORDER 1. Roll Call II. PUBLIC HEARING(S) 1. Budget & Tax Levies for 2010 III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. November 23, 2009 City Council Meeting Minutes (Pages 1 -5) V. CONSENT AGENDA 1. City of Centerville November 24, 2009 through December 9, 2009 Claims (Check # 24990 - 25016) (Page 6) 2. Centennial Lakes Police Department Claims through November 25, 2009 (Check #7540 - 7554) (Page 7) 3. P & R Recommendation to Continue Support of the YMCA's Park Play Days Program for 2010 — Not to Exceed $1,500 (Page 7a) 4. P & R Request for Funding for Skate Night/Horse Drawn Hayride — Not to Exceed $750 (Page 7b -7c) 5. P & R Recommendation for Centennial Little League's Use of Ball Fields at Laurie LaMotte Memorial Park in 2010 (Page 7d) VI. AWARDS/PRESENTATIONS /APPEARANCES VII. OLD BUSINESS 1. Ordinance #XX — Second Series, Fee Schedule 2010 (Pages 8 -23) VIII. NEW BUSINESS 1. Planning & Zoning Commission Recommendation for Preliminary and Final Plat — Clearwater Business Park (Pages 24 -25) 2. Res. #09 -0XX — Adopting Budget and Tax Levies for 2010 (Pages 26 -36) 3. Res. #09 -0XX — Approving Amended 2009 Budget (Pages 37 -43) 4. Res. #09 -0XX — Establishing a Minimum General Fund Balance (Page 44) 5. Approval of Res. #09 -0XX — Shared Salt Supplies (State of MN Dept. of Transportation) (Pages 45 -48) 6. Approval of Updated Personnel Policy (Pages 49 -99) 7. Acceptance of the 2010 Local 49'ers Contract Provisions (Page 100) IX. ANNOUNCEMENTS/UPDATES 1. City Administrator, Dallas Larson a. Successful Tobacco Compliance Checks (Page 101) b. One Unsuccessful Liquor Compliance Check (Pages 102 -115) X. ADJOURNMENT **REMINDERS** City Council Meeting — December 29, 2009, 6:30 p.m. Council Chambers Planning & Zoning Commission Meeting — January 5, 2010, 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting — January 6, 2010, 6:30 p.m. Council Chambers City Council Meeting — January 13, 2010, 6:30 p.m. Council Chambers r _ a , ot idays 4;4' • # 4 K 2 CITY OF CENTERVILLE CITY COUNCIL MEETING November 23, 2009 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on November 23, 2009, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Linda Broussard Vickers Council Member Ben Fehrenbacher Council Member Jeff Paar Council Member D. Love ABSENT: None. STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Capra called the November 23, 2009, City Council meeting to order at 6:30 p.m. II. PUBLIC HEARING(S) 1. Delinquent Sewer and Water Accounts City Administrator Larson reviewed background information on the Delinquent Sewer and Water Accounts. Mayor Capra opened the Public Hearing at 6:32 p.m. Mayor Capra stated she would leave the Public Hearing open for a short period in the event that any residents appeared to speak. There being no speakers Mayor Capra closed the public hearing at 7:10 p.m. Motion by Council Member Love, seconded by Council Member Paar to approve closing the public hearing at 7:10 p.m. All in favor. Motion carried unanimously. III. APPROVAL OF AGENDA Mayor Capra made the following additions to the Agenda: 1 City of Centerville Council Meeting Minutes November 23, 2009 Consent Agenda, Item 1, added Page 5a, (Check #24981- 24989) Motion by Council Member Paar. seconded by Council Member Love to approve the agenda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF COUNCIL MINUTES 1. November 10, 2009 Council Meeting Minutes Motion by Council Member Paar, seconded by Council Member Fehrenbacher to approve the November 10. 2009 Council Meeting Minutes as presented. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1. City of Centerville November 10, 2009 through November 23, 2009 Claims (Check #24958 - 24980) & (Check #24981 - 24989) 2. Centennial Lakes Police Department Claims through November 12, 2009 (Check #7505 — 7539) 3. Centennial Fire District Claims through November 18, 2009 (Check 4025 - 4044) 4. Mr. Tedd Peterson, Public Works Maintenance Technician - Successful Completion of Performance Review & Year 10 Peltier Lake Street Improvement Project Not to Exceed ($9,700) 7. Res. #09 -033 - Supporting Community Access TV 8. Forest Lake Contracting Pay Request #7, 2009 Street Improvement Project (2009.02) - $218,072.77 9. Forest Lake Contracting Pay Request #7, Peltier Lake Drive Street & Utility Project (2009.01) - $101,263.15 Council Member Fehrenbacher requested Consent Agenda Item 5: Authorize Bonestroo to Complete Record Plan Drawings for the 2009 Street Improvement Project - Not to Exceed ($6,800) and Consent Agenda Item 6: Authorize Bonestroo to Complete Record Plan Drawings for the 2009 Peltier Lake Street Improvement Project - Not to Exceed ($9,700) be removed for clarification. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve the Consent Agenda as amended. All in favor. Motion carried unanimously. 5. Authorize Bonestroo to Complete Record Plan Drawings for the 2009 Street Improvement Proiect - Not to Exceed ($6.800) 6. Authorize Bonestroo to Complete Record Plan Drawings for the 2009 Page 2 of 5 City of Centerville Council Meeting Minutes November 23, 2009 Peltier Lake Street Improvement Project - Not to Exceed ($9,700) City Engineer Statz clarified Consent Agenda Items 5 and 6 for the Council. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve the Consent Agenda Item 5: Authorize Bonestroo to Complete Record Plan Drawings for the 2009 Street Improvement Proiect - Not to Exceed ($6,800), and Consent Agenda Item 6: Authorize Bonestroo to Complete Record Plan Drawings for the 2009 Peltier Lake Street Improvement Proiect - Not to Exceed ($9.700). All in favor. Motion carried unanimously. VI. AWARDS/PRESENTATIONS /APPEARANCES None. VII. OLD BUSINESS None. VIII. NEW BUSINESS 1. Res. #09 -034 — Delinquent Utilities to be Certified to 2010 Propertv Taxes Motion by Council Member Paar, seconded by Council Member Fehrenbacher to approve Res. #09 -034 — Delinquent Sewer, Water & Garbage Services for residents associated with the 3 and 4' Quarter of 2008, 1 and 2° Ouarters of 2009 billing cycles and assessing same to parcel identification numbers through County Property Tax Statements payable in 2010. All in favor. Motion carried unanimously. 2. Email Accounts for Commission/Committee Members ($30 /vr. /acct.) City Administrator Larson reviewed information regarding City email accounts. He stated the cost would be $30 per year, per account. He added the email accounts would be City controlled accounts, as well as web - based, being they could be checked from any location. Staff recommended mandatory City email accounts for the Planning and Zoning Commission and made available for Park and Recreation Committee if the Council chooses. The City Council discussed the total cost for 14 total commission/committee members noting the cost being worthwhile. It was stated that there is a fair amount of email conversation between the City Engineer and the Commissions /Committee, public business is conducted and proposals reviewed. It was the consensus of the Council to approve City email addresses for all members of the Planning and Zoning Commission and the Park and Recreation Committee. Page 3 of 5 3 City of Centerville Council Meeting Minutes November 23, 2009 Motion by Council Member Love, seconded by Council Member Paar to authorize City Email Accounts for Commission/Committee Members ($30/yr. /acct.). All in favor. Motion carried unanimously. 3. Consider Backup Power Option for Well #2 City Administrator Larson reviewed background information on research done if the City were to lose power. He stated pre - wiring work could be completed prior to an outage occurring, lessening the time it would take to respond. Staff recommended option #2 with cost not to exceed $4,778.00. He added the City has a good supply of water, as well as an interconnection with Lino Lakes. The Council discussed the Interconnect Agreement, concerns with closing the interconnect in the event of an emergency, response time if there were no backup measures taken, and the number of generators that would be needed if a catastrophic event were to happen. After discussion it was the consensus of the Council to direct Staff to review what other Cities are implementing, research grants if available, review wording on the Interconnect Agreement and to bring back findings to the Council at the December 29, 2009 Regular Council Meeting. 4. Requested Modification to Trail Engineering Budget City Engineer Statz reviewed background information on the engineering design proposal of the Transportation Enhancement Trail Grant, requesting additional services for completing easements, meetings and design of the fountain. He stated $7,350.00 is the total cost requested. Councilmember Love noted his concern regarding the cost of the fountain. City Administrator Larson reviewed the history on the grant program explaining approximately 80% of the project construction cost is funded through the grant. City Administrator Larson stated a financial plan would be presented to Council in the next few months for review. Motion by Council Member Paar, seconded by Council Member Fehrenbacher to approve the additional engineering costs in the amount of $7,350.00 as presented by Bonestroo. All in favor. Motion carried. (Councilmember Broussard Vickers opposed.) IX. ANNOUNCEMENTS/UPDATES I . City Administrator, Dallas Larson Page 4 of 5 4 City of Centerville Council Meeting Minutes November 23, 2009 City Administrator Larson reported that during past years, City Hall has closed at noon on December 24 with employees using PTO time. He asked if the City Council agreed with this practice. It was the consensus of the Council to approve closing at noon on December 24, 2009 with employees using their PTO time. Mayor Capra reported on the resolution supporting the Community Access Preservation Act protecting "PEG" dollars, stating the City Council approved the resolution. X. CLOSED EXECUTIVE SESSION 1. Labor Negotiations At 7:18 p.m., Mayor Capra recessed the Regular Meeting to Closed Executive Session to discuss labor negotiations. Present were Mayor Capra, Council members Paar, Broussard Vickers, Fehrenbacher and Love. Also present were City Attorney Glaser and Administrator Larson. The Administrator reviewed a proposal from Union Local 49 representing Public Works Employees. The Council provided feedback to the administrator which will be used to respond to Local 49. The meeting was reopened to the public at 7:45 p.m. Mayor Capra stated that the only items discussed during the closed session were the labor negotiation issues. XI. ADJOURNMENT Motion by Council Member Paar, seconded by Council Member Love to adjourn the November 23. 2009 City Council Meeting at 7:45 n.m. All in favor. Motion carried unanimously. Mayor Capra adjourned the November 23, 2009, City Council Meeting at 7:45 p.m. Transcribed by: Rochelle Russo, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 5 of 5 5 CITY OF CENTERVILLE 12/03/09 1:43 PM Page 1 C TIteTUi��C *Check Summary Register© NOVEMBER 24, 2009 to DECEMBER 2009 Name Check Date Check Amt 10100 MAIN STREET BANK Paid Chk# 024990 MATTHEW RIVARD & BRITTANY 11/24/2009 $990.00 7046 CENTERVILLE RD — PERMANENT Paid Chk# 024991 COMCAST 12/1/2009 $66.64 INTERNET & CABLE Paid Chk# 024992 LINCOLN MUTUAL LIFE & 12/1/2009 $181.58 2009 DEC, LIFE INS. Paid Chk# 024993 QWEST 12/1/2009 $422.66 651 - 429 -4750 - PHONE SERV THRU Paid Chk# 024994 SPRINT 12/1/2009 $253.40 CELL PHONE- THRU 1 -14 -09 Paid Chk# 024995 BRADLEY & DEIKE, P.A. 12/9/2009 55,500.00 LEGAL SERVES - GEN. OBLIG. TAX Paid Chk# 024996 CENTENNIAL LAKES POLICE 12/9/2009 $55,559.97 POLICE SERVICES - DECEMBER 200 Paid Chk# 024997 CENTERPOINT ENERGY 12/9/2009 $663.92 6970 LAMOTTE DR - SERV THRU 11 Paid Chk# 024998 CITY OF CIRCLE PINES 12/9/2009 $6,137.76 2009 POLICE BLDG PYMT Paid Chk# 024999 CORNER EXPRESS 12/9/2009 $587.59 FUEL THRU OCT. 2009 Paid Chk# 025000 DAVE KICHLER INSPECTIONS, 12/9/2009 52,174.40 ELECTRICAL INSPECTION Paid Chk# 025001 EMBEDDED SYSTEMS INC 12/9/2009 $455.40 SIREN MAINTENANCE FEE FOR 6 MO Paid Chk# 025002 GOPHER STATE ONE CALL INC 12/9/2009 5104.40 SERV THRU NOVEMBER 2009 Paid Chk# 025003 INSTRUMENTAL RESEARCH 12/9/2009 $38.00 NOV. 2009 WATER TES Paid Chk# 025004 INTERNATIONAL UNION OF 12/9/2009 $93.00 UNION DUES FOR DECEMBER 2009 Paid Chk# 025005 KENNETH A. TOLZMANN, SAMA 12/9/2009 $3,842.63 4TH QTR - PAYBLE 2011 PROPERT Paid Chk# 025006 KEY AUTOMOTIVE SERVICE 12/9/2009 $21.02 TIRE REPAIR SERVICE = 2005 GMC Paid Chk# 025007 KJOLHAUG ENVIRONMENTAL 12/9/2009 $189.90 2008 -067 CENTERVILLE IND PARK Paid Chk# 025008 KRIS SWEENEY /PETTY CASH 12/9/2009 $63.18 POST MASTER - REIMBURSE PETTY Paid Chk# 025009 MENARDS - FOREST LAKE 12/92009 5196.29 GRINDING WHEEL Paid Chk# 025010 MINN. DEPT. OF HEALTH 12/9/2009 $1,621.80 QTRLY WATER TEST FEES Paid Chk# 025011 PENFIELD, INC. 12/9/2009 $6,312.50 APPRAISAL FOR BIKE TRAIL Paid Chk# 025012 PRAIRIE RESTORATIONS, INC. 12/9/2009 $399.93 CENTERVILLE IND. PARK WETLAND Paid Chk# 025013 SMITH & GLASER, LLC 12/9/2009 56,410.25 7047 - 21ST AVE - SHEEHY - SER Paid Chk# 025014 THE DOOR HANGER STORE 12/912009 $58.88 BLANK MEDIUM 3 UP TERRA GREEN Paid Chk# 025015 TIME SAVER 12/9/2009 5252.50 11 -23 -09 CITY COUNCIL MEETING Paid Chk# 025016 WASTE MANAGEMENT 12/9/2009 $4,771.62 PAST DUE GARBAGE BILL FOR 7231 Paid Chk# 8I- WEEKLY ACH 11/25/2009 $17,115.36 PAY PERIOD 24 Total Checks $114,484.58 NOTE: THERE WILL BE AN UPDATED LIST OF DISBURSEMENTS FOR APPROVAL ON 12- 09 -09. 4 6 CENTENNIAL LAKES POLICE DEPT Check Register - POLICE GL Page: 1 Check Issue Dates: 11/13/2009 - 11/25/2009 Nov 25, 2009 11:03AM Report Criteria: Report type: Summary GL Check Check Number Description Check Period Issue Date Payee Amount 11/09 11/25/2009 7540 ACTION FLEET, INC LIGHT PAIR/STROBE BULB & L 441.74 11/09 11/25/2009 7541 ANOKA COUNTY 3RD QTR CENTRAL RECORDS 463.73 11/09 11/25/2009 7542 ANOKA COUNTY SHERIF FIRST RESPONDER REFRESHE 95.00 11/09 11/25/2009 7543 CENTENNIAL. UTILITIES OCT UTILITIES 395.91 11/09 11/25/2009 7544 CONNEXUS ENERGY OCT ELECTRIC 1,188.22 11/09 11/25/2009 7545 DEPUTY REGISTRAR #15 FORFEITURE TITLE TRANSF 95 20.00 11/09 11/25/2009 7546 HOLIDAY FLEET FUEL 3,486.23 11/09 11/25/2009 7547 WILLIAM G JACOBSON BOOTS 69.99 11/09 11/25/2009 7548 MCPA 2009 MCPA MEMBERSHIP 45.00 11/09 11/25/2009 7549 MIDWAY FORD INC 2007 CROWN VIC REPAIR 733.20 11/09 11/25/2009 7550 RON NELSON ALCOHOL COMPLAINCE CHEC 100.00 11/09 11/25/2009 7551 NEXTEL COMMUNICATIO CELL PHONES 370.25 11/09 11/25/2009 7552 STAPLES BUSINESS ADV OFFICE SUPPLIES 207.36 11/09 11/25/2009 7553 UPPER MIDWEST COMM PROGRESS BILLING 6,000.00 11/09 11/25/2009 7554 FAMOUS DAVE'S GOAL SETTING MEETING 209.38 Grand Totals: 13,826.01 M = Manual Check, V = Void Check 7 PHONE:66i- 449 -01W& c \ \ \\ FAx: S6?- 429 -0471 M � J RO -SO CONTRACTING, INC. UNDERGROUND UTILITY CONTRACTORS • -° 7137 20TH AVENUE NORTH CENTERwuE, MN 55038 October 29, 2009 City of Centerville [i 1880 Main Street [c[k),,, Centerville, MN 55038 Lld OCT 292009 lb: ' Cy Dear Dallas, Thank you for your time earlier this month in going over our sewer and water charges for our two buildings. As you know the city's charges went up over three times the normal costs this year. The main increase was to the Commercial Drainage fee. We are now paying almost $225 per quarter and $900 per year. You told me that was to cover storm water run off from our property into the city's holding ponds. As I told you at our meeting, our property does not have any run off. All of our storm water goes in a private holding pond. If fact, not only do we not have any run off, due to the road reconstruction on 20 Avenue, we now have storm water running from the road on to our property. So we have what we can call, run on. We do not feel the $900 per year is justified and I we would like to know if there is a chance that the city could review the amount we are being assessed. Thank You, Mike DaBruzzi 651 - 208 -6111 8 pi Egli TO: Parks & Recreation Committee FROM: Kim Stephan DATE: December 4, 2009 SUBJECT: Parks & Recreation Committee's Recommendation to Continue Support of the YMCA's Park Play Days Program in 2010 Not to Exceed $1,500 Ms. Liz Guimont, Chain of Lakes YMCA, was present at the December 2, 2009 Parks & Recreation Committee Meeting to discuss the Park Play Days Program for 2010. Chairperson Seeley had requested Ms. Guimont attend the meeting to update the committee on the Park Play Days Program, as well as inform the new committee members what the program involved. The Park Play Days Program has continued to evolve over the last years removing things that did not work, such as a program for older kids at the Skate Park and adding things that have worked well. There were some sessions in the past that were cancelled as not enough participants were registered, but in 2009 the program had an average of 19 children per day with a registration fee of $75 per child per session. Ms. Guimont said she has now had the same staff come back for the last 3 -4 years which is beneficial to the program. They currently offer two (2) five (5) week sessions from 9 a.m. to noon for age groups 4 to 7 and 8 to 12. Each week has a theme such as `Animals', where they incorporate visits from Wargo Nature Center Staff and a `Safety' week where visits from Police and Fire are part of the session. Ms. Guimont would like to increase the amount of children who participate and is hopeful with additional advertising at the schools with their program guide and easier on -line registration the numbers will increase in 2010. They also offer this same program in other parks in the area. In order to continue to keep the cost down to the residents Ms. Guimont asked the City to consider funding of $1,500. The City's contribution in 2009 was $1,200. Motion was made by Chairperson Seeley, seconded by Committee Member Amundsen, to recommend to City Council the continued support of the YMCA Park Play Days Program at Laurie LaMotte Memorial Park in 2010 not to exceed $1,500. All in favor. Motion carried unanimously. TO: Parks & Recreation Committee FROM: Kim Stephan DATE: December 4, 2009 SUBJECT: Parks & Recreation Request for Funding, Not to Exceed $750 for Skate Night / Horse Drawn Hayride at Laurie LaMotte Memorial Park. The committee discussed scheduling two (2) Parks & Recreation Skate Nights at Laurie LaMotte Memorial Park and would like to have one with the horse driven hayride as in the past years. The dates selected were Saturday, January 16 and Saturday, February 6, 2010. Bunker Hills Stable has been contacted and has January 16 available. The committee would also supply a bonfire, hot chocolate and popcorn. Attached is the contract information from 2009, the amount was $550 plus tax for a 2 hour event. Bunker Stables has had a price increase and the event will be $500 for the first hour, $125 for an additional hour, $25 travel fee, plus tax of approximately $44 totaling $694. The additional $56 requested will be used for hot chocolate and popcorn supplies for both events. This event has been well attended and enjoyed by the residents in the past years. Motion was made by Committee Member Amundsen, seconded by Committee Member Haiden to recommend City Council approve funding of two (2) Skate Night events at Laurie LaMotte Memorial Park in 2010, one with a horse drawn hay ride, not to exceed $750 for both events. All in favor. Motion carried unanimously. / BUNKER PARK STABLE. INC. Entrance at 550 Bunker Lake Blvd. NW Andover, MN 55304 Mailing Address: 5676 170 St. N. Hugo, MN 55038 Phone: 763-757-9445 Fax: 763-757-8641 I a7 I C j www.bunkerparkstab!e.com Date: To: �✓tL r - - -.- (yy, r'oS! —Liz) 3Z3Z Organza on :lame Contact N & Number SCD m a.'vt S+ CP/elAa-tu i 5 v 3 Address Thank you for choosing Bunker Park Stable! This letter is to confirm your travel reservation for the following: I q� / Date: a ) 1 Time: (D c n ' �+^ Activity: ±A-47 C nn nn � " 10 i ina Location /Address:ut or � (�'t!t'� •'! - p 4 � � M� .1//4 Please insure dates and times are correct. The price, is $ 52- plus tax and $ 2 S travel fee. We must receive the following at least one week prior to your event: 1. A signed copy of this form. 2. A deposit of $100.00 or a credit card number. 3. Detailed directions to the location and a map of the route (route clearance must be at least 12' high by 12' wide), including where to park and set up (an area of approximately 100' x 60' Is needed for this). 4. FOR THOSE WITH SALES TAX EXEMPT STATUS: A copy of your Form ST17 Tax Exempt Number, or you will be charged sales tax. p 5. Name and cell number of person who will meet us upon arrival. �St). (;fv-ko -oi 1 Please remember you are responsible to obtain any special permits required for your activity by your city or location. We will be happy to supply you with the needed information. You or your organization will assume all risk and hazards and do hereby release and agree to hold harmless all agents and employees of Bunker Park Stable from all liability for personal injury or property damage. Please review our cancellation policy below: 1. Deposits are fully refundable only if your cancellation is made one week prior to your event. 2. If you choose to cancel on the day of your event, please call at least four hours prior to your reserved time or your deposit will be forfeited. 3. For same clay cancels, you will have sixty days to reschedule your event or your deposit will be forfeited, 4. We reserve the right to cancel a travel activity if road and weather conditions dictate. Our goal is to provide you with a safe and fun ride. Our drivers reserve the right to alter any route to ensure its safety. If you have any additional questions, please call us at 763-757-9445. Sincerely, p L5 p (Agent of Bunker Park Stable) JAN 2 8 2008 I have read the above and agree to its contents. By _ Signature Phone Date O.O.O.O.O•e.e•O.O•e•O•O•::>•C' e OfficeUseOnlyO •e•O•O.O.O.O.O.O.O.O•O• Total amount due: _ LC# Exp. Deposit Amount: _ _ Date Received: Check #: Balance Due: ___ — ___ —lax Exempt #: C.I. lea pM O TO: Parks & Recreation Committee FROM: Kim Stephan DATE: December 4, 2009 SUBJECT: Parks & Recreation Committee's Recommendation for Centennial Little League's Request for Use of Ball Fields at Laurie LaMotte Memorial Park in 2010 The following excerpt is from the December 2, 2009 Parks & Recreation Committee Meeting Minutes. The Parks & Recreation Committee received a letter from the Centennial Lakes Little League requesting the use of the Laurie LaMotte Memorial Park ball fields and the same service provided by Public Works Staff in regards to grooming the fields prior to games. This would be the same schedule as was approved in 2009. At this time, no other requests for the ball fields have been received. Motion was made by Committee Member Haiden, seconded by Committee Member Peterson to recommend City Council approve the request from Centennial Lakes Little League to use the three baseball and softball fields and facilities located at Laurie LaMotte Memorial Park for the summer months of 2010 beginning April 1 through August 15, 2010, Monday through Friday from 4:00 p.m. until dark with the same service provided by Public Works Staff in regards to grooming the fields prior to games. All in Favor. Motion passed unanimously. CITY OF CENTERVILLE ORDINANCE #32, Second Series An ordinance adopting a fee schedule for 2010 THE CITY OF CENTERVILLE ORDAINS: Section 1. The following rates for, permits, licenses and other charges are approved: Reference FEE 1 hauler 90 - - - Deleted: Chaatrr SQq Gabage Hauler/Delinquent Utility Animal License — 2 year period (Dog, Cat, Ferret) 090.02) Account Certification . E50.00 ( §5003)¶ Chanter 51 Utility fees, charges and Male or Female $20.00 Administratively cans See Exhibit Al Water Test Fee - 56.36 (7/1/06)1 Neutered or Spayed $10.00 Pro -Rated ¶ Kennel License $30.00 Dangerous/Potentially Dangerous Dog Registration $30.00/Year Animal At -Large Release Fee ( 890.06) 1" Violation $25.00 2nd Violation $50.00 3rd Violation $75.00 Chanter 91 Buming Permit $50.00 091.25) Administration Fees Associated with Meth. Lab Clean -up $5,000.00 091.45) Plus Costs Incurred for Clean -up 09133) Chanter 93 Right-of-Way Usage Fees: ( 893.20) Right -of -Way Excavating Permit or Street Breaking Permit $75.00 ( 893.20) Obstruction Fee $150.00 Penalty/Fine work in ROW without securing permit $100.00 Restoration Cost Equal to City Cost Deposit for restoration collected with permit per estimate of P.W. Director Note Regarding Chapters 110, 112 -119 Initial license for Chapters 110. 112 -119 shall be pro -rated per quarter (not less than 1 guarterl and no refunds will be made if the business should cease the licensed activity. Chanter 110 Adult Establishment License $4,000.00 0110.08) Deheted:11 Aoolication /Background Check 8500.00 , . Formatted: Normal, Tabs; 4.5 ", �' Decimal aligned :.. + Not at r -- 0.5" Page l of 15 9 Chanter 111 Deleted:1 Liquor Licenses: 3.2 Beer Permit — Special Events $35.00 plus $5.00 for each ( §111.08) add'I day Off -Sale Liquor $100.00 Off -Sale Non - Intoxication Liquor $20.00 On -Sale Liquor: Based on square footage $.60 per sq ft of interior $.30 per sq ft for exterior Minimum $2,500.00 Maximum $4,000.00 On -Sale 3.2 Liquor $250.00 Sunday Liquor License $200.00 Wine License $300.00 Chanter 117, Pawn Broker License $2,000.00 (012.03) Application /Background Check $500.00 f Chanter 113 _ _ ` cep:1 Transient Sales: Application/Background Check $80.00 ( §113.03) Per Day $10.00 (§113.03) Per Month $60.00 ( §113.03) Chanter 114 Tattoo, Body Piercing, Permanent Cosmetic Make -Up, Body Branding and Body Painting Establishment License $270.00 ( §114.07) I Application/Background Check $80.00 Chanter 115 Sauna(s), Dayspa or Massage Business License $270.00 (§115.17) Massage Therapist Certification $85.00 (§115.32) Application /Background Check $80. Massage Therapist Renewal/Annual Certificate $55.00 (§115.32) Chanter 116 Cigarette License -sale of tobacco products $85.00 ( §116.04) I Application /Background Check $80.00 Tobacco Violation (1" Violation) $250.00 0116.99) (2 Violation) $500.00 (3 Violation) $750.00 Chanter 117 Sale of Fireworks License $100.00 ( §117.06) Chaeter]18 Rental License -2 Year Period $110.00 for 1' unit/$25.00 per (§118.03) unit thereafter within the same structure Page 2 of 15 10 Rental Reinspection Fee (3' Visit) $40.00 per unit Chanter 119 Commercial Rubbish Collection License Fee $300.00 (§ 119.01, A 5) Chanter 120 License for water and/or sewer service line installer $100.00 /yr. Chapter 121 Dance: Single Event $20.00 + Police Fees 0121.02) Yearly- Continuous $200.00 + Police Fees Chapter 130 Bingo Permit $20.00 0130.19) Chapter 150 Building Permits See Exhibit "B" Plumbing Permits See Exhibit "C" Electrical Permit Fees See Exhibit "D" Demolition Permit & Escrow: - - - - Formatted: Font: 12 pt Residential (not required for accessory bldgs. <120 sq. ft.).$200.O0 0150.01) -- Formatted: Font: 12 pt Escrow - - $2,000.00 or Letter of Credit wrmateed: Font 12 M Commercial/Industrial $300.00 Formatted: Font: 12 pt Escrow 20% of Demo. Cost Fo tlad; Font: u M Permit Surcharge Per State of MN Building Move $500.00 - _ - { Deleted: 2 Building Move Deposit (for street repairs and site restoration) $3,000.00 Chapter 15j Sign Permit Fee: Wall- mounted sign $75.00 Free - standing sign (In addition to building permit) $75.00 Chapter 153 Park Dedication Fees Land Dedication 0153.15) At option of City -10% of Fair market Value of all property located in the proposed development or $3,000 /unit (whichever is greater) Commercial/Industrial $2,175.00 /acre Lot Split/Lot Combination $200.00 plus legal fees + park fees, if split Preliminary Plat Fee — Application $500.00 + deposit of $100.00/Lot or Unit (City Review will cease if costs exceed fees and deposit is not replenished) Page 3 of 15 11 Chanter 154 Bridges in easement Encroachment Agreement $100.00 0154.132) Annual Insurance Monitoring & Inspection $25.00 Fence Permit $50.00 In Easement — Requires Council Action and Encroach. Agr $100.00 PUD Application (§154.251) $500.00 + deposit of $100,00/Lot or Unit (City Review will cease if costs exceed deposit and deposit is not replenished) Variance Application (§154.310) $250.00 + deposit of $500.00 _ - { Deleted: 3 (City Review will cease if costs exceed deposit and deposit is not replenished) Conditional or Interim Use Permit Application 0154.320) $250.00 + deposit of $500.00 - { matted: 3 (City Review will cease if costs exceed deposit and deposit is not replenished) Rezoning Requests 0154.410) $250.00 + deposit of $500.0Q, - Deleted: processing expenses3 (City Review will cease if costs exceed deposit and deposit is not replenished) _ - Deleted: (§154 410) Site Plan Review $250.00 + deposit of $500.00 _ - { Deleted: 3 (City Review will cease if costs exceed deposit and deposit is not replenished) Comprehensive Plan Amendment - Applicant will pay all costs associated with amendment - $250.00 + deposit of $500.00 (City Review will cease if costs exceed deposit and deposit is not replenished), - - Deleted: depose for estimated costs required Chapter 155 -same as Chapter 154 procedure feel Chapter 157 Fill Permit & Grading Permits See Exhibit "E" Erosion Control /landscape/sod/site maint. /driveway Escrow $5,000 /acre ( §157.15, B)(150.045 & (154.410) (May substitute letter of credit) OTHER FEES: Assessment Search $45.00 Base Map Updating Fee (New Plat) $40.00 /Lot (Developer's Agree.) (Minimum of $100) Council Chamber Rental Must be non -profit organization — No Charge Security Deposit (City Policy - 08/05) $150.00 Filing Fees $2.00 Maps and Charts (24" x 36 ") $15.00 Non - Sufficient Funds /Returned Check 530.00 Page 4 of 15 12 1 Notary Fees $1.00 /item Park Use Field Prep., Trash pickup, lighting, concession facility will be determined by P.W. Dir. (Min. Deposit $100.00) ._ _ - { Deleted: If Photo Copies $.25 per page (one sided) Research Charge 540.00 half hour minimum $60.00 for each hour thereafter Street Vacation Request $500.00 (review and hearing costs) Section 2. The attached summary ordinance: Exhibit "F" "Summary of Ordinance for Publication" is hereby adopted. Section 3. These fees shall become effective on publication of the attached summary of ordinance. Adopted by the City Council this _ day of December, 20_. Mary Capra, Mayor ATTEST: Teresa Bender, City Clerk Page 5 of 15 13 EXHIBIT A UTILITY FFES, CHARGES AND OTHER COSTS Sewer hunk system fee (Residential Equivalent Unit) $2,250.00 ( §51.07) Sewer Availability Charge (SAC)/ $2,100.00 ( §51.07) Water (WAC)/frunk System Fee (Residential Equivalent Unit) $1,800.00 ( §51.07) Water Access Charge (Unassessed properties) $6,350.00 Sanitary Sewer Access Charge (Unassessed properties) $7,800.00 Storm Water Area Charge (Developer's Agreement) .05739 per square foot ( §51.11) Residential- drainage area permit with building permit $350/Unit Commercial/Industrial $.07 per square foot of building, parking and other impervious surfaces Water /Sewer Permit Fees (651.07) Service/Connection (Includes 2 inspection trips to site $75.00 Tapping Main $50.00 Disconnection Requests $20.00 Inspections (All) /each $40.00 Reconnect after violation shut -off $40.00 Unpaid Account (Water /Sewer) Certification $50.00 Unpaid Account (Garbage) Certification $50.00 Service Charges - Meters Testing Up to 2" Meters $25.00 Greater than 2" up to 6" Meters $40.00 Water Meter Purchase or Deposit (651 05 H) 3/4" Meter . $325.00 Special and other sizes Cost plus Handling (These Rates are Subject to Tax) Water Test Fee _ _ _ _ - - _ '.6. • 7/1 /06 _ _ _ - Formatted: Font: 10 pt I . Utility Account Ce ification ofparba ve Hau $500 le/D l i ouent 0 Formatted: Font: 10 pt Utility billing is billed on a quarterly basis for the previous three month; - - Deleted: nni4 C nnertion Charge — ' - - Non- A,snmd Prooeniesor Newly I Divided Parcels, ,Storm Water Management Fee (quarterly): ( §51.11) 1 Residential (Fixed) $7.50 ∎' Includes 7164, 7173, 7178, 7184, 7192, Comm./Industrial (Fixed) $0.00334/sq. ft impervious with minimum...$21.00 ', ■ 7212, 7216, 7219, 7221, 7223, 7232, 7235, 7241 Mill Road, 7046, 7081, 7087 Water Usage Rates (651 02) & 7095 Brian Drive & 1333 & 1339 Mound Trail and others pa Resolution Residential 405 -032 5-032 or subsequent action on Water System Management Fee/Qtrly. Billing Period $21.00 ' connection fees.5 Variable — Rate Per The _ ..nd Gallons /etr. 1 -•0001 12.00 $2.20 _ '��¶ 1 Variable —Rate Per Thousand Gallons /Otr. (90 001 -ISO 000) 1 Formatted: Tabs: 4,5 ", Decimal Variable Rate Per Thousand Gallons/Otr (150001 -XXX) $250 ', attgned,leader: ... Commercial -- Deleted:. Water System Management Fee/Qtrly. Billing Period $21.00 Formatted: Underline, Font cobra V, fable — Rate Per Th. sand Gallons/0 tr. 1- 00010 ',2.00 Red Variable — Rate Per Thousand Gallons /Otr. (500,001•XXX) 2.50 - - -. - -- - -- - -- Formatted: Underline, Font color: Red Page 6 of 15 • 14 Residential /Commercial Penalty/Late Payment 10% of balance Wastewater fee (Quarterly) per REU $56.25 Penalty/Late Payment 10% of balance Use of Meter & Hydrant (51 093) $750.00 Deposit $20.00 Connection Fee $4.00 /1,000 Gallons Page 7 of 15 15 EXHIBIT B BUILDING PERMIT FEES TOTAL VALUATIO FEE Accessory Structures Under 120 sq ft. (Zoning Use Permit) $50.00 Easement Encroachment Agreement $100.00 (Requires Council Action —Not Allowed if exceeds 120 sq. ft.) Basement (Finishing) (Plumb. & Mech. Included if Rough -In Complete) $129.50 Pools greater than 5,000 gallons or side walls greater than 24 inches: Inground $329.50 Above Ground $129.50 (Both plumbing and mechanical included) Roof(Re- Roof -1 or 2 family only $129.50 Siding (Lap, Wood, Metal, Vinyl & Composite) 1 or 2 family only $129.50 • (Excludes Stucco, Brick & Other Masonry Products) $1.00 TO $500.00 $31.00 $501.00 TO 52,000.00 $31.00 For the first $500.00 plus $4.01 for each additional $100.00 or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $91.00 For the first $2,000.00 plus $18.38 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 25,001.00 to $50,000.00 $513.75 For the first $25,000.00 plus $13.26 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $845.20 For the first $50,000.00 plus $9.19 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1,304.57 For the first 5100,000.00 plus $7.35 for each additional $1,000.00, or fraction thereof, and including $500,000.00 $500,001.00 to $1,000,000.00 $4,244.57 For the first $500,000.00 plus $6.24 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $7,361.49 For the first $1,000,000.00 plus $4.79 for each additional $1,000.00, or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum charge — two (2) hours) $90.00 per hour Page 8 of 15 16 • 2. Reinspection foes assessed under provisions of Section 305.8 $70.00 per hour 3. Inspections for which no fee is specifically indicated $70.00 per hour Plan Review = 65% of permit Commercialllndustrial $500.00 deposit required when plan submitted for review. Page 9 of 15 17 EXHIBIT C PLUMBING AND HEATING PERMITS 1. Plumbing Permits A. The charge shall be five dollars ($5.00) for each plumbing fixture, device or connection to the sewer or plumbing system, with a minimum charge of twenty-nine dollars and fifty cents ($29.50) B. For any alteration, repair or extension to an existing plumbing system, where the work is of such a nature that the permit fee charge cannot be determined from the above schedule, the permit fee shall be thirty dollars ($30.00) first five- hundred dollars ($500.00) or fraction thereof, plus fifteen dollars • ($15.00) for each additional five - hundred dollars ($500.00) or fraction thereof of the total market value of such alteration, repair or extension. The charge for commercial, industrial or institutional building shall be: Two percent (2 %) of the total cost of labor and materials of the heating, ventilation and air conditioning work to be completed. Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit fees. 2. Mechanical Permits The charge for a residential dwelling shall be twenty dollars and fifty cents ($29.50) for each of the following units but not to exceed $129.50: • Main Gas Line Piping • Gas Furnace • Air conditioner • Boiler • Air Exchanger • Gas Fireplace/Gas Log (Install in regular fireplace) • Gas Boiler • Gas Dryer • Gas Stove/Range • Wood Fireplace • Duct Work • Miscellaneous Mechanical Fixtures • Gas Pool Heater • Gas Wall Heater /Garage Heater The charge for commercial, industrial or institutional building shall be: Two percent (2 %) of the total cost of labor and materials of the heating, Ventilation and air conditioning work to be completed. Work commenced without first obtaining a permit shall be charged an investigative fee equal to permit fees, in addition to normal permit fees. Sprinkler/Fire Suppression system permits: Single Family,. Flat fee of $400.00 Other sprinkler /fire suppression permits. Contract cost of sprinkler /fire suppression system times 3.25% (Includes plan review by Building Official and Fire Department). Subject to State of MN surcharge fees. Page 10 of 15 • • 18 EXHIBIT D ELECTRICAL FEES Individual /separate inspection (installation, replacement, alteration or repair) $40.00 Services, generators, feeders to separate structures and other power supply resources: 1. 0 ampere to and including 200 ampere capacity $40,00 2. Each additional 100 amps or fraction thereof an add'l $10.00 3. For services and circuits operating at over 250 volts (Scheduled fee doubles) Circuits, feeders, feeder taps, or sets of transformer secondary conductors: 1. 0 ampere to and including 30 ampere capacity $8.00 2. 31 amps to 100 amps $10.00 ea. 3. Each additional 100 amps an add'l $5.00 One - Family dwelling and each dwelling unit of a two - family dwelling $150.00 Up to and including 200 amps service (includes not more than three inspections) Multifamily dwellings $100.00 Each existing circuits or feeders reconnected to replacement panels (new or extended circuits or feeders at the above fees) $3.00 Electrical supply for each manufactured home park lot 540.00 Recreational vehicle site, electrical supply equipment $10.00 ea. Street, parking lot or outdoor area lighting standards $5.00 Transformers for light, heat and power: 1. Up to and including 10 kilo-volt amps $20.00 ea. 2. Over 10 kilo -volt amps 540.00 ea. Transformers and electronic power supplies for electric signs and outline lighting $7.50 Swimming pool bonding inspection (each separate inspection) 540.00 (Bonding conductors and connections require an inspection before being concealed) Retrofit modifications to existing lighting fixtures $,50 /fixture Transient Projects - Power supply fees as identified above, plus 1 hour $80.00/hour Each attraction or concession inspection 540,00 Special inspection or inspections not covered above the fee is $90.00 per hour plus mileage at the rate established per the IRS. Re- inspection fee when inspection is necessary to determine whether the unsafe conditions have been corrected — a fee will be assessed by the inspector 540.00 Minimum Fee per Trip 540.00 *Electrical work commenced without filing the required permit, in addition to the permit fee, shall pay 590 or two times the permit fee (which ever is greater) not to exceed $1,000, For purposes of interpretation, Minnesota Rules, Chapter 3800, and the most recently adopted edition of the National Electric Code shall be prima facie evidence of the definitions, interpretations, and scope of words and terms used. Page 11 of 15 19 EXHIBIT E LANDFILL, GRADING AND EXCAVATING PERMIT FEES GRADING FEES General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in the fee schedule adopted by the jurisdiction. Plan Review Fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be set forth in Table A33 -A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. Grading Permit Fees. A fee for each grading permit shall be paid to the City as set forth in Table A33 -B. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. TABLE A33 -A GRADING PI-AN REVIEW FEES 50 cubic yards (38.2 m3) or less No Fee 51 to 100 cubic yards (40 m3 to 76.5 m3) $37.01 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) $58.28 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m3) $77.57 10,001 to 100,000 cubic yards (7646.3 to 7645.5 m3) - $77.57 for the first 10,000 cubic yards (7645.5 m3), plus $38.59 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 100,001 to 200,000 cubic yards (7645.6 m3 to 15,291.1 m3) - $424.86 for the first 100,000 cubic yards (7645.5 m3), plus $20.87 for each additional 10,000 cubic yards (7645.5 m3) or fraction thereof. 200,001 cubic yards (15,291.2 m3) or more - $633.55 for the first $200,000 cubic yards (15,291.1 m3), plus $11.42 for each additional 10,000 cubic years (7645.5 m3) or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one -half hour) $79.54 per hour* *Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. GRADING PERMIT FEES* 50 cubic yards (38.2 m3) or less $37.01 51 to 100 cubic yards (40 m3 to 76.5 m3) $58.28 101 to 1,000 cubic yards (77.2 m3 to 764.6 m3) - $58.28 for the first 100 cubic yards (76.5 m3), plus $27.56 for each additional 100 cubic yards (76.5 m3) or fraction thereof 1,001 to 10,000 cubic yards (765.3 m3 to 7,645.5 m3) - $306.34 for the first 1,000 cubic yards (764.6 m3), plus $22.84 for each additional 1,000 cubic yards (764.6 m3) or fraction thereof. 10,001 to 100,000 cubic yards (7,646.3 m3 to 7,645.5 m3) - $511.88 for the first 10,000 cubic yards (7,645.5 m3), plus $103.95 for each additional 10,000 cubic yards (7,645.5 m3) or fraction thereof. 100,001 cubic yards (7,645.6 m3) or more - $1,447.43 for the first 100,000 cubic yards (7,645.5 m3), plus $57.49 for each additional 10,000 cubic yards (7,645.5 m3) Page 13 of 15 21 or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours $90.00 per hour (minimum charge — two hours) 2. Reinspection fees assessed under provision of Section 108.8 $70.00 per hour 3. Inspections for which no fee is specifically indicated $70.00 per hour (minimum charge — one -half hour) *The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. **Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Page 14 of 15 • 22 EXHIBIT F CITY OF CENTERVILLE Anoka County, Minnesota SUMMARY OF ORDINANCE #32, SECOND SERIES NOTICE IS HEREBY GIVEN that, on , 2009, Ordinance # 32, Second Series, entitled "AN ORDINANCE ADOPTING A FEE SCHEDULE FOR 2010" was adopted by the City Council of the City of Centerville, Minnesota NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance # Series the City Council has directed that a title and summary be prepared for publication pursuant to Minn. Stat. 412.191, Subd 4. NOTICE IS FURTHER GIVEN that a complete, printed copy of Ordinance #_, Second Series is available for inspection by any person during regular office hours at the office of the City Clerk, 1880 Main Street, Centerville, MN, or will be mailed to anyone requesting it by telephone (651) 429 -3232. NOTICE IS FURTHER GIVEN that the general purpose of the ordinance is to adopt fees and charges for various purposes. Section 1. This section adopts fees and charges including fees related to garbage /utility account certification, utility rates and charges, animal licensing, burning permits, fees for use of right-of-ways and excavations in sheets, fees for business licensing, fees and deposits related building activities, fees for sign pennits, development fees including fees in lieu of park dedications, planning and zoning fees, and fees for services including supplying copies and maps, and fees for vacation of streets and easements. Section 2. This section authorizes this summary of the ordinance be published in lieu of the entire text of the ordinance. Section 3. This section provides that the ordinance is effective on publication of this summary. NOTICE IS FURTHER GIVEN that the City Council has by at least a 4/5 vote, approved this Public Notice. APPROVED this day of , 20_ CITY OF CENTERVILLE Mary Capra, Mayor ATTEST: Teresa Bender, City Clerk Published in on , 20_ Page 15 of 15 23 | k ! a . 4 d [ 1 I� 1 % § ( 1 !§ 1 ` 1 1 Will i i 1 11 L . ! -' 3 @ | im 0 § ] / E ! ! | v : ! -4 i e § | ! i� \ IL ] ; 0 § (� |, |" § § |q |h ifi 2 tO n In 1 1 1- in 1 p ( 5 / I 1 § 1 3 (/ i 1 )' 1 / ii 1Y ! | 1 $ } i i1/ m / i1 ( § 1 j » 1. ¥ :, \ / j \ H » ; 4 ; ! \ ol / p§ / ( ! ( 0 ! § § (_ # y ƒ q 1 1 i ( | 1 ' .§ / % } |i� i | [) q 13 # § ( , J § | hn 24 1 821N13 _S2N53n2 n32L1, ^, L431..1:8:3 73 t* -g = wn _..— 2 A . `� WINaAV .6512 n `2 t Da t ; ! , it / Afe, 1 / c° . { i ti t 111 It ( am 1 V e , q 111 W :, j f x 4 ; i n Pi` I 33e at a �a VI i in I z Ke 1 CO 9 s g ° I 1 �' vl N I . i - I o n § �, s 0 tlli 0. o I t O t o F. s q W (n 4 e ! ij - — I li ill i',4 r \ fit —I cC \ t 1 / U t' ti 1 \ ` fi t m \\ 4: \ 1 ci ° li Lit 'O 1 \\ !1 Y_ . -. 13 ;uteri . ` - ... � li y 1 L9 AVM-AO-if i f)1y 11 7 CNC :I9.., fla3ON.0 3" rat.83IN33 -- —r` 25 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE RES. #09 -0 A RESOLUTION ADOPTING BUDGET AND TAX LEVIES FOR 2010. WHEREAS, with the guidance of the Council a proposed budget has been prepared by staff for the year 2010, and WHEREAS, a public hearing has been held and the City Council has considered input from the public related to such budget and the resulting tax levies. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Centerville, County of Anoka, State of Minnesota, that the attached budget for 2010 is hereby adopted. BE IT FURTHER RESOLVED, that the following sums of money be levied for the current year, collectable in 2010 upon the taxable property in the City of Centerville for the following purposes: General Fund Revenue $ 1,761,561 DEBT Service: • 2004B Improvement Bonds $ 123,000 2005A Building Bonds $ 77,600 2006 Improvement (2009B Improvement Crossover Refunding Bonds) $ -0- 2007A Improvement Bonds $ 178,500 2009A Improvement Bonds $ 125,000 Total Debt Service Levies $ 504,100 Total All Levies $ 2.265,661 BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to transmit a certified copy of this resolution to the County Auditor of Anoka County, Minnesota. Adopted by the City Council on the day of December, 2009. Mary Capra, Mayor Attest: Teresa Bender, Clerk 26 = ` 'tervi(Ce 'Established 1857 City of Centerville Final 2010 Budget and Levy December 9, 2009 Prepared By: Mike Jeziorski Finance Director 27 Introduction To the Mayor and City Council, Enclosed is the 2010 budget as prepared by City Staff, in accordance with City Council guidance. As you are aware, the construction of the 2010 budget is a year long process commencing with Mayor, Council, and Staff input, numerous budget work sessions, and finally culminating in the provided document. Major initiatives and goals were set forth during this budget process with a special focus on maintaining the current level of city services, mitigating the overall increase in property taxes and maintaining efficient levels of fund balances. To that end, several challenges presented themselves during this process including the Govemors unallotment of the City's market value homestead credit and original estimates projecting budget shortfalls of roughly $350,000. Ultimately, the Mayor and City Council balanced the 2010 by utilizing the following revenue enhancements and expenditure reductions — increasing the levy by the maximum allowed by law, freezing employee salaries, significantly reducing the funding for Fete De Lacs, delaying the purchase of a public works truck and restructuring the interfund loans to different terms. General Fund Budget Summary Revenue Property Tax (Tax Levy): The property tax levy is projected to increase from $2,043,820 in 2009 to $2,265,661 in 2010 or by 11 %. This increase is attributed to the ability to increase the general levy up to its maximum by law and an additional $146,200 in debt service levy. The components of the 2010 levy are chronicled below: Levy under limit $1, 761,561 MVHC 2008 SO MVHC 2009 $0 2004 B Bond Levy $123,000 2005 A Bond Levy $77,600 2007A Bond Levy $178,500 2009 A Bond Levy $125,000 Toter 52,265,661 Local Government Aid: The City is projected to receive $0 in Local Government Aid in 2010. Licenses and Fee: The City is projecting a decrease in this revenue classification for 2010 and is budgeting $24,000 or a decrease of 36% from the 2009 budgeted amount. Fines and Forfeits: The City is projecting no substantive change in this revenue classification and is budgeting $33,500 for 2010 or a 4% decrease from the 2009 budgeted amount. Building Inspection (Permits): The City is projecting a significant decrease in revenue in this classification during 2010 mainly because there will be less permit activity throughout the city. The 2010 budgeted amount for building permits is $94,500 or a 35% decrease from 2009. 28 Interest Earnings The City is projecting interest eamings to decrease slightly in 2010 and have budgeted $30,000 as opposed to the 2009 amount of $40,000. Overall, general fund revenues are budgeted at $2,193,594 or a 2% decrease from 2009. For a graphical representation of revenues please see Appendix A and B. Expenses General Government: General Government expenditures include Salaries / Benefits, Supplies and Purchased Services in conjunction with activities performed by the Mayor, four City Council Members and City Administration. Salary line items include a 0% structure increase (COLA) and a 4% step increase for eligible employees— payroll allocations continue to be monitored to ensure an accurate reflection of true time spent in a given department. Employer contributions for PERA will increase from 6.75% to 7.0% in 2010. Overall, General Government expenditures are budgeted at 545,655 for 2010 or an 11 % decrease from 2009. Public Safety: The City of Centerville has a joint powers agreement with Circle Pines and Lexington that funds the Centennial Lakes Police Department. A similar arrangement with Lino Lakes and Circle Pines funds the Centennial Fire District. Centerville's portion of the Centennial Lakes Police Department is $689,477 or an 8.2% decrease from 2009. Centerville's portion for the Centennial Fire District is $112,753 or a 0% increase from 2009. The budget also includes $125,000 in pass through relief aide expenditures. Overall, Public Safety expenditures are budgeted at 1,090,252 for 2010 or a 7% decrease from 2009. Public Works: The City of Centerville Public Works department has four full time employees that work to maintain the City parks, streets and utility operations. Overall, Public Works related expenditures are budgeted at $256,208 or a 5% decrease from the 2009 budgeted amount of $269,418. Culture and Recreation: The Culture and Recreation budget consists of expenditures incurred by the City's committee, respective recreation programs and City Festival. Culture and Recreation expenditures are expected to decline and are budgeted at $78,885 for 2010 or a 26% decrease from 2009. Economic Development: The Economic Development classification is projected to maintain the same level of expenditures in 2010 and is budgeted at $14,000. Capital Outlay and Transfers: $99,500 - Storm Pass Through $8,000 - Server Upgrades $101,093 — Seal Coating Overall, the proposed 2010 General Fund expenditures totaled roughly $2,193,594 or a 2% decrease from 2009. For a graphical representation of expenditures please see appendix C and D. 29 Fund Balance General Fund: The City of Centerville has historically maintained a healthy fund balance, which contributes positively to the city's bond rating and mitigates the potential for needing short term borrowing. Council has a targeted fund balance reserve of 30 to 50% of current expenditures or a target between ($658,000 to $1,096,797). The below represents the last two years of historic general fund balance and the next two years projected general fund balances based on budgeted data. Please note that the City is projecting a balanced budget for 2010, leaving the City with a fund balance of $1,122,274 at the end of 2010, which is 51% of 2010 budgeted expenditures. 2007 $1,435,164 2008 $1,157,516 2009 $1,122,274 2010 $1,122,274 Tax Rate / Tax Capacity The general tax rate has been relatively stable over the last three years —with 2007, 2008, 2009 having city tax rates of 45.74%, 45.81 %, and 46.25 %, respectively. Given overall market valuations in the City have fallen by roughly 7% (in tax capacity terms) the overall tax rate is projected to rise sharply —the general tax rate is expected to rise to 55.30% in 2010. That being said, the tax rate is only one of the two variables one must consider before evaluating the true effect on their respective property taxes —the other is the 2010 tax capacity. Cities in Minnesota levy actual dollar amounts and the tax rate is merely the formula for allocating the share to each parcel. For a graphical representation of historic tax rates and a real world example of its effects on the City portion of property tax see appendix E. Acknowledgments I would like to acknowledge and thank Mayor Capra, Council Member Love, Council Member Paar, Council Member Fehrenbacher, Council Member Broussard - Vickers, City Administrator Dallas Larson and all City staff for their assistance in completing this budget. With that, I present to you the 2010 Final budget. Respectfully Submitted, Mike Jeziorski Finance Director 30 CBy of Centerville Proposed Budget -&mewl Fiscal Year 2010 2000 ActMty through FY2009 PI 2010 % Account Description 2007 Adult 2008 Actual 10/3100 Budget Budget Change General Fund Pawner Prtyedy Tea 1,700,902.00 1,772087.12 995.60827 1,665,920.00 1,761,561.00 4% 2010 UnalSMen1 (6.00300) NIA MVHC 2008Md6orW Levy • NIA MVHC 2009 Mdllabl Levy WA Slate Grants 94,42100 1,33300 668.50 0,000.00 133300 .79% Spx8M Anp.nm..t gpe 0.68 2,21925 20,000.00 -100% Licensee 5900 and Fees 47,51358 21,35399 7,42855 37,500.00 24,00303 -38% Bolding inspection Permits 183,002.13 298,72449 87,740.11 145,000.00 33,500.00 45% Fines end FareAlb 30,653.77 29298.90 21,964b 35000.00 33,50000 -4 % Stele S. Aid 33,375.50 5 46 19000 , 36000.00 35,00000 004 Fire Relief AM 137,100.00 119,718,764.03 1500529 125,0.0' .03 125000.00 0% Animal Cartel 1,317.50 1,31080 627.50 2,000.00 2,000.00 0% 13096 Works 35,135.00 27,07921 39,068.84 15,000.00 16,000.00 0% Era Development 179.50 528.78 • N/A • Interest Earnings 60,500.95 47,037.03 29,306.99 40,000.00 30,700.00 NIA Mier 26,38640 17,141.03 20,51582 99,50000 140,700.00 41% Eapndlbm Omaha Oevmumnt Council 32,043.18 31,167.75 23,14480 35,00000 31,011.40 -999 Administration 368,098.04 374,63448 259,160.73 422,760.00 365,63076 -1404 Elections 724849 - 7,993.00 N/A Planning a60 SVing 19,16581 8.84119 2,05026 7 2,00000 -7304 Einemlal Administration 14,545,77 12,47601 17,635.00 15,000.00 16,000,00 7% Aseawlrq 15,165.00 15,168.00 11,627139 17,00000 17,500.00 3% Lem ark Legal 101,141,76 73,345.53 61,51565 75,90003 7580800 0% City Here Hall 22,14815 20,03423 18,923,48 40000.00 28712.15 -26% 791•0.mr.l Gowrmmnt 503,30163 542214.17 362,167.11 612,2060 545,655.35 -11% Pubic Safety Police PmUCEm 849,744.00 711.07847 568,347.69 751,032.00 689,77.00 -8% Fire Protection 238,05095 226,174.00 127,674,20 237,000.00 237,753.00 0% Building Inspection 145,694.75 152,555.72 110,430.75 176,075.00 155,622 ,46 -0% Civil Defense 891.96 1,10850 455.40 1,500.00 1,530.00 0% Animal Control 927.72 1,244.62 832.23 1,800.00 1,500 00 0% ON9r Protection (GENERAL) 3,925.60 2,100.00 - 800.00 1,400.00 133% Total Public Wyly 1,037,233.93 1,09428163 116,540.2 1,166,707.00 1,090,25246 -75f Public Works Pudic Work (GENERAL) 15429104 105,04325 153,731.90 17541800 180,51554 3% Emineedeg Services 23,940 81 18,95783 16,+692,38 12,000 03 12000 CO 0% Recycling 20,70736 13 ,41586 9,127.45 050000 6.19289 -5% Streets 81,644 17 128,587.83 42,615.69 75,503 00 57,500 00 -24% Sped4 Prof.- CR14 - 8,011.85 N/A Spacial Pro. -SP -99 - 67,629.11 N/A 6peoel Prci.. TRAR6 - 4 N/A Total Public Work. 20,58318 353,004.57 21,900.94 28941800 25820843 -5% Cutui and Recreation Parks/Rec. Commies 1,591.48 1,402.00 1,000.00 4,000.00 2,000.00 -50% PrbOsc Programs 10,424.06 14,188.01 5,987.04 8,500.03 8,382.50 -1% Parks Maintenance 72,601.64 70,463.02 65.10430 70,535.00 63,00364 -11% City FmOvel 29,884.38 19,51100 18,574.65 24800.00 5,500.00 - 77% Total Culture and Reardon 114,604.66 105,56463 105,645.68 107,025,00 76,855.14 -26% Economic D.vslopm.nt Downtown Redevelopment 13,07807 - 526300 - • N/A TO Troll Graz - • N/A Economic Dwebp 15,55404 3,030.61 13,236.44 14,00000 14,000.00 0% 301M Economic Development 26,632.11 3,03061 16,499.44 14,000.00 14,000.00 0% GARR Outlay / Older Financing Capital Outlay 377,47718 529,61568 8,329.12 77,000.00 109,09260 42% Triter M Debt Savke 25.000.00 24,54100 179,9E0.00 • 0% • Permanent Transfer - 99,500.00 0% Total Capital Gulley /Transfers 402,47768 654,10086 185,37412 77,000.60 208,592.60 171% ^L'Z .. - - r -^ : -1." '.�.%�J9eW5r..': . , M'r, ' 0'7 . 4.51.. "6r - •6FvY4ri-i, r ,FK744ek:. Tav L evlw Gomrel Fund Tae Levy 1,68682000 1,761,56100 2000 400.00 40000 284 102,80090 102,000.10 102,00000 123,000.00 20054 76,40.00 77203,00 77.40000 77,50000 2006 20074 176,00.00 178,50000 2009A 125,000.00 • Unsudl.d - Fa Management Purposes 0ny 31 2010 Prolected Revenue Sources Property Taxes 1,692,561 Other Taxes & Assessments - Licenses & Permits 118,500 Fines & Forfeits 33,500 Intergovernmental 178,333 Other Income 170,700 Total Revenue 2,193,594 2010 Prolected Revenue Sources Other Some ■ Property Taxes B% INeppprmanW Bib Wes &Fork& ■ Other Taxes & Assessments ]% Lipman &Pxmb S% Other TUBS & Pmeeemenp °% Cleanses & Permits o Fines & Forfeits PmTea“ 775 nx • Intergovernmental • Other Income 32 REVENUE TRENDS 2006 2007 2008 2009 2010 Property Taxes 1,700,000 1,813,923 1,915,900 1,692,420 1,692561 Other Taxes & Assessments 1,000 1,724 46,000 20,000 - Licenses & Permits 210,850 220,855 160,000 182,500 118,500 Fines & Forfeits 22,000 37,529 40,000 35,000 33,500 Intergovernmental Aid 116,333 286,590 117,000 177,000 178,333 Other 97,817 118,751 79,000 139,500 170,700 Total Revenue 2,148,000 2,479,372 2,357,900 2,246,420 2,193,594 Other Taxes & Licenses & Intergovemmenta Property Taxes Assessments Permits Fines & Forfeits 1 Aid Other 2006 1,700,000 1,000 210,850 22,000 116,333 97,817 2007 1,813,923 1,724 220,855 37,529 286,590 118,751 2008 1,915,900 46,000 160,000 40,000 117,000 79,000 2009 1,692,420 20,000 182,500 35,000 177,000 139,500 2010 1,692,581 - 118,500 33,500 178,333 170,700 Revenue Trends 2,500.000 2,000,000 -- - -- -- -- ■ 2006 @ 1 ,500,000 - - - -- ■ 2007 8 02008 1,000,000 .- - - 02009 _ 02009 ■ 2010 500,000 - - -- - Property Taxes Other Taxes & Licenses & Permits Fines & Forfeits Intergovernmental Aid Other Assessments Sources 33 2010 Prokcted Exoenditures General Government 545,655 Public Safety 1,090,252 Public Works 256,208 Culture & Recreation 78,885 Economic Devetopment 14,000 Capital Outlay 109,093 Transfers 99,500 Debt Service 504,100 2010 Prolected Expenditures Debt Semice General Government 20% •Canerel Government •PublIc Safety ['Public Works Transfers 4% .. ffi; OCuNUre & Recreation Capital Outlay •Economic Development 4% Economic Development •DepAel DNley Culture & Recreation •Trenalers 3% o Debt Samoa Public Works ' -- 9% Public Safety 40% 34 Expenditure Trends 2006 2007 2008 2009 2010 General Govemment 490,633 566,309 581,000 612,260 545,655 Public Safety 901084 1,039,559 1,016,000 1,168,707 1,090,252 Public Works 298,427 280,586 315,000 269,418 256,208 Culture & Recreation 72086 84,619 85,500 83,035 78,885 Economic Development 25,300 28,632 31,200 38,000 14,000 Capital Outlay 257,870 372,153 148,000 77,000 109,093 Transfers - - - - 99,500 Debt Service 102000 205,800 181200 357,900 504,100 General Culture & Economic Capital Govemment Public Safety Public Works Recreation Development Outlay Debt Service 2006 490633 901,684 298,427 72,086 25,300 257,870 102,000 1 2007 566,309 1,039,559 280,586 84,619 28,632 372,153 205,800 2008 581,000 1,016,000 315,000 85,500 31,200 148,000 181,200 2009 612,260 1,166,707 269,418 83,035 38,000 77,000 357,900 2010 545,655 1,090,252 256,208 78,885 14,000 109,093 603,600 Expenditure Trends 1,400,000 1,200,000 1,090,000 4 . •2006 e 800,000 ._ _. •2007 8 sm.= __..._ 02009 1 CI 2009 090.000 � 11 fir: _, ■zo 200,000 General Govemment Public Safety Public Woke Culture & Recreation Economic Capital Outlay Debt Service Development Activity 35 Centerville Payable 2006 Payable 2007 Payable 2008 Payable 2009 * Payable 2010 Tax Capacity 3,358,063 3,840,125 4,022,893 4,076,519 3,805,244 TIF Captured Value (31,071) - - - AW Contribution (149,004) (166,746) (198,645) (216,705) (207,779) Net Tax Capacity 3,177,988 3,873,379 3,824,248 3,859,814 3,597,485 Certified Levy 1,809,431 1,915,900 1,985,600 2,043,820 2,265,661 Area -Wide Contribution (205,048) (235,743) (233,876) (258,608) (276,430) Local Levy 1,604,383 1,680,157 1,751,724 1,785,212 1,989,231 Tax Rate Trends 2006 2007 2008 2009 * 2010 City Tax Rate 50.48% 45.74% 45.81% 46.25% 55.30% County Tax Rate 38.71% 32.39% 33.88% 33.59% 35.27% School Tax Rate 40.22% 38.09% 35.25% 34.59% 37.18% Other Tax Rate 6.63% 5.18% 5.47% 5.33% 7.64% Total Tax Rate 136.04% 121.40% 120.41% 119.76% 135.39% Texina Trines 80.00% 50.00% • ------ • e City Tax Rate 8 40.00 % -• E 90.00% __y �-�` -�' -IN- County Tax Rata 20.00% SOW Tex Rate 10.00% Other Tex Rate 0.00% , ' . 2006 2007 2008 2009 •2010 Year Sample Residential Impact Assessed Value Class Rate Tax Amount % Increase 2009 208,500.00 1% 46.25% $ 964.34 2010 183,500.00 1% 55.30% $ 1,014.67 5.22% $ 50.33 Class Rate Tax Amount 2009 211,400.00 1% 46.25% $ 977.75 2010 198,700.00 1% 55.30% $ 1,098,72 12.37% $ 120.97 2009 366,500.00 1% 46.25% $ 1,695.11 2010 342,600.00 1% 55.30% $ 1,894.42 11.76% $ 199.31 I 36 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE Res. #09 -0 RESOLUTION APPROVING AMENDED 2009 BUDGET WHEREAS, the City Council of Centerville adopted a budget and levy for General Fund operations for the year 2009, and WHEREAS, changing conditions, especially reductions in revenue from the State of Minnesota and from permit fees, made it necessary to modify the budget to account for these changes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTERVILLE, COUNTY OF ANOKA, STATE OF MINNESOTA, that the amended budget for the General Fund, attached hereto as EXHIBIT A, is hereby approved. Adopted by the City Council this day of December, 2009. Mary Capra, Mayor Attest: Teresa Bender, City Clerk 37 k ' tervide Established 1135; City of Centerville Amended 2009 Budget December 9, 2009 Prepared By: Mike Jeziorski Finance Director 38 General Fund Budget Major Revenue Amendments Property Tax: was amended from $2,042,320 to 2,013,016. This reflects the loss in market value homestead credit. Met Council Grant: was amended from $0 to $10,000. This reflects actuals and represents funds received for completing the 2010 comprehensive plan. Building Permits: was amended from $120,000 to $80,000. This reflects actual activity. Recycling: was amended from $0 to $13,125. Recycling activities are now captured within the general fund and not in a separate fund. Recycling revenue will equal recycling expenditures. Transfers: was amended from $0 to $72,935. This reflects debt service funds that no longer are active. 308 - $47,701.17 (21st Ave Improvements) 324 - $7,462.29 (Parkview Developments) 345 - $17,771.62 (Peltier Preserve) Refunds: was amended from $0 to $150,000. This reflects time spent during construction of the CR 14, 09 and trail projects. These expenditures will be reimbursed by there respective construction funds Overall, budgeted revenues have increased from $2,600,320 to 2,671,444. Major Expenditure Amendments Administration Salary: was amended from $250,380 to 200,000. This savings is attributed to a reduction in the Finance Director's salary Financial Administration: was amended from $15,000 to $30,000. This increase is attributed to the State Audit. Street Projects: was not originally budgeted, but now has been included at $84,200. Land Closings: was not originally budgeted, but now has been included at $153,000. Overall, budgeted expenditures were increased from $2,600,320 to $2,706,686. Net Income Overall, we are anticipating a net loss for fiscal year 2009 of (35,242). 39 City of CenterWlfe Amended 2009 Budget 2009 Activity FY 2009 through FY 2009 Amended YTD as a % Account Deacdptlon 10/31/09 Original Budget Budget of Budget General Fund Revenues Property Tax and State Grants R 101-49200-31000 General Property Taxes 999508.27 2.042,320.00 2,013,016.54 49% R 101 -09200 -33400 State Grants and Aids 806.50 6,500.00 1,000.00 10% R 101-49200-36100 Special Assessments - 20,000.00 - 0% R 101-09200 -36210 Interest Earnings 29,306.99 40,000.00 40,000.00 73% R 10149200-39203 Transfer from Other Fund - 99,500.00 - 0% Administration R 101 -41400 -32100 Rental/lJquor Licenses 5,690.00 20,000.00 20,000.00 28% R 101-41400 -34105 Sale of Maps and Publications 21.00 2,000.00 500.00 1% R 101 -41400 -34107 Assessment Search Fees 495.00 - 500.00 N/A R 101-41400 -36200 Miscellaneous Revenues 99.83 15,000.00 1,000.00 1% R 101 -41400 -35270 Refunds/Reimbursements 423.75 - 500.00 N/A Planning and Zoning R 101 -41910 -32215 Zoning Fees 700.00 2,000.00 1,000.00 35% R 101 -41910- 331140 Met Council Grants 10,000.00 - 10,000.00 N/A Police Administration • R 101 -42110 -35000 Fines and Forfeits 21,984.50 35,000.00 35,000.00 63% R 101 -42110 -35101 Police State Aid 150.00 35,000.00 35,000.00 0% Fire Protection R 101-42280-36270 Refunds/Reimbursements 3,487.00 - 3,487.00 WA R 10142285 -32000 Special Use /Burring Permits 30.00 - 30.00 WA R 10142285 -33405 Fire Relief Ald 16,628.29 125,080.00 125,000.00 13% R 10142285 -36280 Donations and Contributions 1,400.00 - 1,400.00 N/A Building Inspection R 101 -42400 -32180 Plumbing Permits 3,040.04 2,000.00 3,200.00 152% R 101 -42400 -32210 Building Permits 68,450.82 120,000.00 80,000.00 57% R 101-42400-32212 Mechanical Permits 2,336.50 6,000.00 6,000.00 39% R 10142400 -32213 Enaoachment Permit Fees 900.00 1,000.00 1.000.00 90% R 10142400 -32214 Right -of -Way Permit Fees 150.00 1,000.00 1,000.00 15% R 101-42400-32230 Water/Sewer Connedlon Inspect 225.00 1,000.00 1,000.00 23% R 101-42400-36200 Miscellaneous Revenues 1,832.75 - 2,000.00 N/A Electrical Inspection R 101-42403-32225 Electrical Inspection 10,813.00 10,000.00 11,00000 108% Animal Control R 101-42700 -32200 Animal Licenses 627.50 2,000.00 2,000.00 31% Pudic Works R 101 - 4300032280 Antenna Leases 15461.56 15,000.00 15,500.00 103% R 101 -43000 -36200 Miscellaneous Revenues 695.30 - 700.00 N/A Parks R 101-45201-34780 Recreation Fees 2,340.00 - 3,000.00 N/A R 101 45201 -38200 Miscellaneous Revenues 1,700.00 - 2,000.00 N/A R 10145202 -36270 Refurds/Relmbursaments 18,871.98 - 19,000.00 WA Recycling R 10145350 -33830 County SCORE Funds 3,370.02 - 13,125.00 WA Other R101 46500 -ma Transfers from Other Funds - - 72,935.08 WA R 10146500-36230 Contributions and Donations 500.00 - 500.00 N/A R 10146500-36270 Refunds/Reimbursements 28.78 • 50.00 WA R 101 -50000-38270 Refunds/Reimbursements 3,658.50 - 150,000.00 N/A _ , _ 1: : - s ._.. J... _. 3ti: ,.IKfm;:urfifr � . :ai..... d s .t,..L'.a� _ rc, �_ a..mc',iir. iue. ... - a_ Expenses Council E 10141110 -100 Wages and Salaries (GENERAL) 20,925.00 30.000.00 30,000.00 70% E 101-41110-122 FICA 1,600.92 2,500.00 2,500.00 64% E 101-41110-331 Travel Expenses - 500.00 500.00 0% E 101-41110-430 Miscellaneous 113.98 500.00 500.00 23% E 101 -41110433 Dues and Subscriptions - 500.00 500.00 0% E 101-41110441 Cont. 8 Schooling 505.00 1,000.00 1,000.00 51% 23,144.90 35,000.00 35,000.00 Administration E 1014 1400 -100 Wages and Salaries (GENERAL) 159,802.98 250,380.00 200,000.00 84% E 10141400 -121 PERA 11,182.39 17,120.00 14,000.00 65% E 10141400-122 FICA 12,344.42 19,260.00 15,300.00 64% E 10141400-130 Cafeteria Contribution 23,404,96 36,000.00 28,666.67 65% E 101 -41400-151 Workers Comp Insurance Prem 4,132.29 9.000.00 9,000.00 46% E 101 41400-200 Office Supplies (GENERAL) 3,206.83 8,000.00 8,000.00 40% • E 101 -41400-220 Repair/Maint Supply 288.04 1,000.00 1,000.00 29% E 101-41400-300 Professional Sas 9,145.14 10.000.00 10,000.00 91% E 10141400304 Legal Fees - 1.000.00 1,000.00 0% E 101-41400-321 Teleptnne 3,651.33 5,000.00 5,000.00 73% E 10141400-322 Postage 2,414.25 3,000.00 3.000.00 80% E 10141400-331 Trawl Expenses 334.97 3,000.00 1,000.00 11% E 101-41400-340 Advertising 8 Printing 1,029.15 1,000.00 1.500.00 103% E 101-41400350 Ord., Pub. Bearings, etc. 1,086.90 1.000.00 1,500.00 109% E 101-41400-356 Document Recording Fees 1,032.00 1,000.00 1,100.00 103% E 101 -41400 -360 Insurance (Liability ins.) 12,063.00 14,000.00 14,000.00 88% Unaudited - For Management Purposes Only 40 City of Centerville Amended 2009 Budget 2009 Activity FY 2009 through FY 2009 Amended YTD as a % Account Description 10/31109 Original Budget Budget of Budget E 10141400-400 Computer. Copier Main. Contrac 7,962.89 25,000.00 15,000.00 3256 E 101 -41400425 Bank Service Charges 820.06 1,000.00 1,000.00 82% E 10141400-428 ACH Fee Charge 483.92 250.00 750.00 186% E 10141400430 Miscellaneous 393.52 1,250.00 750.00 31% E 101 -41400433 Dues and Subscriptions 1678.00 5,500.00 2,000.00 2754 E 101-41400435 Books and Pamphlets 28.00 1,000.00 750.00 3% E 101 -41400439 Clothing Allowance 264.07 1,000.00 1,000.00 26% E 101 -41400441 Coif. B Schooling 2,555.62 5,000.00 3,000.00 51% E101 -41400.500 Capital Outlay (GENERAL) - 2,000.00 - 0% E 10141400-810 Rehabs & Reimb. 85.00 2,500.00 1,500.00 3% 259,169.73 424,260.00 337,816.67 Financial Administration E 101 -41500-301 Auditing and Acq'g Services 17,635.00 15,000.00 30,00000 118% Assessing E 10141550-300 Professional Srva 11,527.89 17,000.00 17,000.00 68% Lew and Legal E 101 -41800-304 Legal Fees 20,003.60 30,000.00 30,00000 67% E 101 -41600-314 Prosecution 31,512.25 45,000.00 45,000.00 70% 80,678.74 107,000.00 122,000.00 Planning and Zoning E 101 -41910 -300 Professional Srvs 536.25 5,000.00 1,000.00 11% E 10141910 -350 Ord., Pub. Hearings, etc. 811.10 500.00 700.00 122% E 101 -41910430 Miscellaneous 53.91 500.00 500.00 11% E 101 -41910-433 Dues and Subscriptions 69.00 500.00 500.00 14% E 101 -41910436 Meeting Per Diem 980.00 500.00 1,000.00 196% E 10141910441 Cord. 8 Schooling - 500.00 - 0% Engineering SeMCes E 101-41950 -258 Maps 266.25 500.00 500.00 53% E 10141950 -300 Professional Srvs - 500.00 - 0% E 10141950 -303 Engineering Fees 18,328.11 11,000.00 17,000.00 148% ' 18,842.62 19,500.00 21,20000 Police Administration - E 101 -42110.300 Professional Srvs 568,347.69 716,032.00 716,032.00 79% E 101 -42110 -810 Refunds 8 Reimb. - 35,00000 - 0% City Hall /Fire Hall E 101-42280 -100 Wages and Salades (GENERAL) 1,498.33 2,500.00 2,500.00 6056 E 101 -42280 -122 FICA 118.20 200.00 200.00 59% E 101 -42280 -151 Worker's Comp Insurance Prem 15300 - 300.00 N/A E 10142280 -210 Operating Supplies 25.32 100.00 100.00 25% E 101 -42280 -220 Repair/Maint Supply 93.02 200.00 200.00 47% E 10142280-300 Professional Srvs 1,254.30 2,000.00 2,000.00 63% E 10142280-380 Utll11y Services 9,381.14 24000.00 15000.00 39% E 101-42280-381 Electric Utilities - 4,000.00 1,000.00 0% 0 10142280-401 Repaks/Malnt Buildings 1,893.50 - 2,000.00 N/A E 10142280430 Miscellaneous 40.25 2600.00 500.00 2% E 10142280454 Property Taxes - 500.00 - 0% E 101 -42280.640 Turf Maintenance 455.20 1,000.00 1,000.00 46% E 10142280350 Lawn Mowing 2,011.22 3,000.00 3600.00 67% Fire Protection E 10142285 -300 Professional Srvs 112,048.00 112,00060 112,000.00 100% E 101 -42285-810 Refunds 8 Reimb. 15,628.29 125,000.00 125,000.00 13% Building Inspection E 101 -42400-100 Wages and Salades (GENERAL) 80,064.82 113,955.00 113,955.00 70% E 101.42400-121 PERA 5,158.20 7,490.00 7490.00 69% 0 101 -42400 -122 FICA 8,309.77 9,630.00 9,630.00 66% E 101 -42400 -130 Cafeteria Contribution 9,655.06 26,000.00 26,000.00 37% E 101 -42400 -142 Unemployment Benefit Payments 2795.59 - 3,000.00 N/A E 101-42400-151 Worker's Comp Insurance Pram 4,187.67 2,000.00 5,000.00 209% E 101 -42400- 200018w Supplies (GENERAL) 515.74 1,000.00 1000.00 52% E 101 -42400 -210 Operating Supplies - 1000.00 - 0% E 101-42400 -212 Motor Fuels 947.91 3,000.00 2,000.00 32% E 101-42400-321 Telephone 393.45 500.00 500.00 79% E 101 -42400 -331 Travel Expenses 194.21 500.00 500.00 39% E 101 -42400356 Document Recording Fees - 500.00 500.00 0% 0 101 -42400380 Insurance (Liability ins.) 188.00 500.00 500.00 38% E 101-42400404 Repairs/Mallet Machinery/Equip 256.30 - 500.00 N/A E 101 -42400433 Dues and Subscriptions 250.00 500.00 500.00 50% E 101 -42400435 Books and PampNets 91.05 500.00 500.00 18% E 101-42400439 Clothing Allaaance 354.18 500.00 500.00 71% E 10142400441 Conf. & SGroolirg 1,055.00 1,000.00 1,000.00 106% Electrical inspection E 101 -42403300 Professional Srvs 7,011.80 7,000.00 7,000.00 100% Civil Defense E 101-42500-300 Professional Srvs 455.40 1,000.00 1,000.00 48% E 10142500-430 Miscellaneous - 500.00 50000 0% Animal Control E 101 -42700-200 Office Supplies (GENERAL) - 500.00 500.00 0% E 10142700-300 Professional Srvs 632.23 1,000.00 1,000.00 83% Other Protection (GENERAL) Unaudited - For Management Purposes Orgy 41 City of Centerville Amended 2009 Budget 2009 Aetmy FY 2009 through FY 2009 Amended YTO as a % Account Description 10131409 Original Budget Budget of Budget E 101-42800-300 Professional Srvs - 600.00 600.00 0% 833,463.84 1,207,207.00 1,164,507.00 Public Works (GENERAL) E 1014 3000.100 Wages end Salaries (GENERAL) 72657.80 76438.00 88,000.00 95% 6 101-43000-121 PERA 4,825.97 6,420.00 6,160.00 75% • E 10143000-122 FICA 5,832.81 8,560.00 6,732.00 68% E 101 -43000.130 Cafeteria Contribution 10,545.29 17000.00 17,000.00 62% E 101-43000-151 Workers Comp Insurance Pram 4,381.61 2,500.00 6,000.00 175% E 101-43000.200 Office Supplies (GENERAL) 942.75 1,000.00 1,000.30 94% E101 -43000 -210 Operating Supplies 6,034.91 2,500.00 7,000.00 241% 6 101 -43000 -212 Motor Fuels 2,716.76 2,500.00 3,000.00 109% E 101-43000-220 RepalriMaint Supply 933.11 1.500.00 1,500.00 62% E 101-43000300 Professional Srvs 1,580.04 1,500.00 1,600.00 105% E 101-43000-303 Engineering Fees 376.81 3,500.00 500.00 11% E 101-43000-310 Appraisal Fees - 1,000.00 - 0% E 101 - 43000321 Telephone 2,082.14 3,500.00 3,500.00 59% E 101-43000-331 Travel Expenses 496.02 500.00 500.00 99% E 10143000340 Advertising & Printing 45.00 1,000.00 500.00 5% E 101 - 43000358 Document Recording Fees - 500.00 100.00 0% E 10143000380 Insurance (Liability Iris.) 7,626.33 7,000.00 8,000.00 109% E 10143000380 Utility SeMces 10,687.13 17,500.00 17,500.00 61% ' E 10143000401 Computer, Copier Main. Contras 1.41200 1,000.00 2,000.00 141% E 101-43000-401 Repalre/Malnt Buildings - 1,000.00 250.00 0% E 101-43000-404 Repalrs&Malnt Machinery/Equip 8,248.54 3,000.00 10,000.00 275% E 101-43000 -410 Rentals (GENERAL) 175.69 - 500.00 N/A E 101-43000430 Miscellaneous 517.61 1,000.00 1,000.00 52% E 101 -43000-433 Dues and subsolptions 770.92 1,000.00 1,000.00 77% E 10143000439 Clothing Allowance 798.50 2.000.00 2,000.00 40% E 101-43000-441 Conf. & Schooling 2,520.63 2,000.00 3.000.00 126% E 101 -43000500 Capital Outlay (GENERAL) 5,712.33 - 6,000.00 N/A E 10143000550 Motor Vehicles 4,846.75 6.000.00 5,000.00 81% E 101-43000580 Other Equipment 32.72 - 50.00 N/A E 101-43000-850 Lawn Mowing 2,646.06 - 3,000.00 WA Streets E 10143140 -210 Operating Supplies 557.05 - 1.000.00 WA E 101 -43140-212 Motor Fuels 1,576.94 4,000.00 4000.00 39% E 101-43140-220 Repair/Maint Supply 2,174.21 3.000.00 3,000.00 72% E 10143140.226 Street & Road Signs 1,989.59 - 2.000.00 N/A E 101-43140-300 Professional Srvs 11,637.28 20,000.00 15,000.00 58% E 10143140-303 Engineering Fees - 12,000.00 - 0% E 10143140 -360 insurance (Liability Ins.) 1.412.00 1,500.00 1,500.00 94% E 101-43140 -386 Other tmllee 22,861.30 35,000.00 30,000.00 65% E 101-43140404 Repairs/Malnt Machinery/Equip 655.22 - 1,000.00 N/A E 101-43140430 Miscellaneous (50.00) - - N/A Special Proj. • CR 14 E 101-43141 -100 Wages and Salaries (GENERAL) 6,761.28 - 7.000.00 N/A E 10143141 -121 PERA 453.05 - 500.00 N/A E 101-43141-122 FICA 519.96 - 500.00 N/A E 10143141 -130 Cafeteria Contribution 277.58 - 250.00 N/A Special Proj. -Str -09 E 10143142 -100 Wages and Salaries (GENERAL) 57,393.90 - 60,000.00 N/A E 10143142 -121 PERA 3.821 ,74 - 4.000.00 NIA E 10143142 -122 FICA 4,382.13 - 5,000.00 N/A E 10143142-130 Cafeteria Contrbulon 857.56 - 1,000.00 N/A E 10143142-210 Operating Supplies - - - N/A E 10143142-331 Travel Expenses 1,073.78 - 1,200.00 N/A Special Prof. - TRAILS E 10143143 -100 Wages and Salaries (GENERAL) 3,338.74 - 3,500.00 N/A E 10143143 -121 PERA 211.90 - 250.00 N/A E 10143143 -122 FICA 264.72 • 500.00 N/A E 101-43143 -130 Cafeteria Contribution 277.32 • 500.00 N/A 281,893.46 248,916.00 344.092.00 Parks/Rec. Committee E 10145200 -300 Professional Srve - 500.00 - 0% E 10145200.303 Engineering Fees - 1,000.00 - 0% E 101-45200340 Advertising & Printing - 500.00 - 0% E 10145200430 Miscellaneous - 500.00 - 014 E 10145200438 Meeting Per Diem 1,000.00 1,500.00 1.500.00 67% Paks/Rec Programs E 101-45201 -100 Wages and Salaries (GENERAL) 1,584.28 5,000.00 5,000.00 32% E 10145201 -122 FICA 154.85 500.00 500.00 31% E 101-45201 -132 Parks Programs 1,750.00 • 2,000.00 N/A E 10145201 -151 Workers Comp Insurance Pram 70.70 500.00 250.00 14% E 10145201 -200 Office Supplies (GENERAL) 36.83 - 50 00 N/A E 10145201-210 Operating Supplies 36.97 - 50.00 N/A E 10145201-303 Engineekg Fees - 2,000.00 - 0% E 10145201-331 Trawl Expenses 20.19 - 50.00 N/A E 10145201-340 Advertising & Printing 376.63 - 500.00 N/A E 101 -45201430 Miscellaneous 1,936.59 500.00 3.000.00 367% Parks Maintenance Unaudited - For Management Purposes Only 42 City of Centerville Amended 2009 Budget 2009 AbtMity FY 2009 through FY 2009 Amended YTD as a % Account Description 10/31/09 Original Budget Budget of Budget E 101- 45202 -100 Wages and Salaries (GENERAL) 18,69112 20,82500 20,825.00 90% E 101-45202 -121 PERA 904.64 1,070.00 1,070.00 85% E 101-45202 -122 FICA 1,512.90 2,140.00 1140.00 71% E 101-45202 -130 Cafeteria ContrlOWon 2,220.10 3,000.00 3,000.00 74% E 101-45202 -151 Worker's Comp Insurance Pram 614.75 1,000.00 1,000.00 61% E 101 -45202 -210 Operating Supplies 559.52 2,000.00 2,000.00 28% E 101 -45202 -212 Motor Fuels 1,199.32 2,500.00 2,500.00 48% 6 10145202 -220 Repalr/Marnt Supply 722.04 500.00 850.00 144% E 101-45202 -221 Equipment Parts 24.03 1,000.00 1,000.00 2% 210145202-223 Building Repair Supplies 23.24 - 50.00 N/A E 10145202 -225 Landscaping Materials 404.73 1,000,00 1,000.00 40% E 10145202-300 Professional Srvs 23,572.98 2,500.00 25,000.00 943% E 10145202 -303 Engineering Fees 4,472.41 5,000.00 E 10135202 -321 Telephone 558.05 1,000.00 1,000.00 56% E 10145202 -331 Travel Expenses 30.80 - 50.00 WA E 10145202-360 insurance (Uablllty Ins.) 6,566.00 2,500.00 8,000.00 263% 610145202-380 Utility Services 1,468.30 3,000.00 3,000.00 49% E 10145202-404 Repees(Makt Med-4n8,yEqutp - 1,000.00 1,000.00 0% 6 10145202410 Rentals (GENERAL) 4,816.38 500.00 6,000.00 963% E 10145202-430 Miscellaneous 254.54 500.00 500.00 51% E 10145202441 Conf. & Schooling 2,045.00 1,000.00 3,000.00 205% E 10145202454 Property Taxes 298.73 500.00 500.00 6014 E 10145202500 Capital Outlay (GENERAL) 618.79 25,000.00 1,000.00 2% E 101462024340 Turf Maintenance 4,086.53 4,500.00 4,500.00 91% 6 10145202650 Lawn Mowing 10,056.19 18,500.00 12,500.00 54% City Festival E 101 -50000 -170 Fireworks Display Insurance 250.00 500.00 250.00 50% E 101-50000.210 Operating Supplies 116.18 - 200.00 N/A E 101-50000-322 Postage 58.05 - 100.00 N/A E 101- 50000 -430 Miscellaneous 46.05 - 100.00 NM, E 101 - 50000490 Donations to CMc Org's 16,104.37 23,500.00 16,200.00 89% 109,282.78 132,035.00 136,235.00 Recycling E 10145350 -100 Wages and Salaries (GENERAL) 2,801.98 3,500.00 3,500.00 74% E 10145350 -121 PERA 181.95 200.00 200.00 91% E 101-45350 -122 FICA 197.53 200.00 200.00 99% E 10145350 -130 Cafeteria Contribution 443.92 800.00 600.00 74% E 10145350 -231 Recycling Supplies 106.07 100.00 200.00 106% E 10145350-300 Professional Simi 5,499.50 1,500.00 8,000.00 367% E 10145350-331 Travel Expenses 11.00 - 25.00 NIA E 10145350 -340 Advertising & Printing 85.50 400.00 400.00 21% 9,127.45 6,500.00 13,125.00 Downtown Redevelopment E 10146203 -303 Engineering Fees 63.00 - 100,00 WA E 101-46203 -310 Appraisal Fees 5,200.00 - 6,000.00 N/A TE Trail Grant E 10146211-303 Engineering Fees - - - N/A Economic Develop / Other E 10146500 -210 Operating Supplies 59,96 - 60.00 N/A E 10146500-300 Professional Srvs - 500.00 - 0% E 10146500 -322 Postage - 500.00 - 0% E 10128500-331 Travel Expenses 11.00 - 50.00 WA E 101-46500-340 Advertising & Printing - 500.00 - 0% E 10146500410 Rentals (GENERAL) 100.00 500.00 100.00 20% E 10146500430 Miscellaneous 395.08 - 500.00 N/A 6 10146500600 Debt So Principal (GENERAL) 12,670.42 12,000.00 15,000.00 106% Unallocated 6 10149200-500 Capital Outlay (GENERAL) - 25,000.00 . 0% E 10149200 -720 Operating Transfers 178,950.00 382,900.00 357,900.00 47% E 101-419200-w Land Closings - - 153,000.00 N/A 197,449.44 421,900.00 532,710.00 r °_ - t .. _ _ 1 :::v ' . ,11 ✓ 114 PSrats er.4- 1,. e L ' rttle9. ,. - .. 'Tuts version of the 2009 budget Includes debt semice levy's and transfers Unaudited - For Management Purposes Only 43 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE Res. #09 -0 RESOLUTION ESTABLISHING A MINIMUM GENERAL FUND BALANCE WHEREAS, since a substantial portion of revenue sources (taxes and intergovernmental revenues) are received in the last two months of each six -month cycle, Minnesota cities must maintain substantial amounts of fund balance in order to meet their liquidity and working capital needs as an operating entity. WHEREAS, the General Fund is used to account for resources traditionally associated with government, which are not required legally or by sound principal management to be accounted for in another fund. The State of Minnesota reviews the fund balances of each city when preparing the government aid formulas. WHEREAS, the City of Centerville's 2009 fund balance of $1,157,516 is approximately 44 percent of the 2009 budgeted expenditures. BE IT RESOLVED by the City Council (the "Council ") of the City of Centerville, Minnesota, as follows: The City establishes a minimum unreserved balance in the General Fund of approximately 40 to 50 percent of planned expenditures and transfers to meet working capital and small emergency needs. Adopted by the City Council of Centerville, Minnesota, this day of ,20 Mary Capra, Mayor Attest: Teresa Bender, Clerk 44 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE Res. #09 -0 A resolution approving agreement with Minnesota Department of Transportation for shared road salt supplies. WHEREAS, the City of Centerville desires to purchase road salt through the State of Minnesota, Cooperative Purchasing Program, and WHEREAS, the City of Centerville does not have adequate facilities for storage of road salt, and WHEREAS, Minnesota Department of Transportation permits use of its salt storage facilities by local units of government, and WHEREAS, the State of Minnesota, Department of Transportation has presented the City with "Mn /DOT Agreement Number 95753, an Agreement Between the City of Centerville and Minnesota Department of Transportation For Shared Salt Supplies (Attached hereto as Exhibit A). NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF CENTERVILLE, MINNESOTA: The Council hereby approves MNDOT Agreement Number 95753, and authorizes its administrator and public works director to execute the agreement and perform other steps as necessary to implement the agreement. Adopted by the City Council this _ day of December, 2009. Mary Capra, Mayor Attest: Teresa Bender, Clerk 45 - -- Exhibit A - -- Mn/DOT Agreement Number 95753 Agreement Between City of Centerville And Minnesota Department of Transportation For Shared Salt Supplies In consideration of the mutual undertakings and agreements hereinafter set forth, the City of Centerville a political subdivision of the State of Minnesota ( "City") and the State of Minnesota, acting through its Commissioner of Transportation, ( "State") agree as follows:. 1. TERM OF AGREEMENT This agreement shall commence upon execution of this agreement by both parties, including all State of Minnesota officials as required by Minnesota Statutes § 16C.05. This Agreement will terminate on June 30, 2015. This agreement may be terminated with or without cause by either party upon thirty days' written notice to the other party. 2. LOCATION The State will provide access to the City at the Forest Lake Truck Station located at 22010 Everton Avenue North, (Phone number 651- 297 - 4437), as further set forth in this Agreement. 3. RESPONSIBILITIES OF THE PARTIES A. The State will: 1. Provide storage space, at the location identified in Article 2, for up to 50 tons of salt purchased by the City. 2. Provide a loader for the City's use to load City trucks with salt. B. The City will: 1. Annually provide the State a quantity of salt to compensate the State for administration and handling related to the City's salt (and in lieu of the City making a cash payment for such administration and handling). The City will order 10% above their original order of salt and this excess 10% will be turned over to the State and will become property of the State. The City will provide the State with a copy of the invoice showing the quantity of salt delivered. 2. Take reasonable safety, security and environmental protection measures at the site and comply with State's regulations for same. 3. Maintain a small stock pile on City property for use when the State is not on duty. 4. Limit access to the Forest Lake Truck Station to times when State personnel are available, unless other arrangements are made with the State. If the State in not actively working on any particular day, the gate to the truck station salt stock piles will be locked and no product will be available to the City. The City may call ahead to make arrangements for product, however, the City will be responsible for any over time charges incurred by the State related to the loading of City vehicles. C. The parties agree to confer at least monthly to verify salt usage, reconcile quantities and estimate future needs. 4. AUTHORIZED REPRESENTATIVES A. The State's Authorized Representative for purpose of administering this Agreement is, Mark Fischbach, Mn/DOT Metro District, Maintenance Superintendent -South Region, (651- 234 - 7907), 1500 W. County Road B2, Roseville, Mn 551 13. 1 46 B. The City Authorized Representative for purposes of administering this Agreement is Paul Palzer, Public Works Director, (651- 429 - 4750), 1880 Main Street, Centerville, MN 55038. 5. LIABILITY In connection with the performance of this Agreement, each party is responsible for its own acts and omissions and the results thereof to the extent authorized by law. The City's liability is governed by Minnesota Statutes chapter 466 and other applicable law, The State's liability is governed by Minnesota Statutes §3.736 and other applicable law. The City will promptly repair (or pay the State to repair) any damage to the State's facility and equipment caused by City personnel or equipment. The State assumes no responsibility for the City's salt and the City will bear the risk of loss by theft and forces of nature. 6. STATE AUDITS The parties books, records, documents, and accounting practices and procedures relevant to this Agreement are subject to examination by the State and the Legislative Auditor and State Auditor for a minimum of six years. 7. REMOVAL OF MATERIALS The City will remove any City -owned unused materials from the State's site no later than 30 calendar days after the expiration or termination of this Agreement. Any materials not removed by that date will, at the State's option, either (1) become the property of the State, or (2) be removed and disposed of by the State, and the City will reimburse the State for the costs of removing and disposing of such materials. [the remainder of this page has been intentionally left blank) 2 47 Minnesota Department of Transportation City of Centerville State of Minnesota Recommended for Approval: By By Maintenance Engineer Public Works Director Date Date Approved: By By District Engineer Title Date: Date By Commissioner of Administration Title By Date Date 3 48 CITY OF CENTERVILLE PERSONNEL POLICIES Successful public relations are a very important element in every City Employee's job. It is important to be considerate, pleasant, prompt and brief in all dealings with the citizens of the City of Centerville. The impression we make over the phone or in person, whether good or bad, will be the one that the citizen will remember. It is the mission of the City of Centerville to provide the highest quality service to Centerville residents and taxpayers in the most effective, efficient manner possible. Proper adherence by all City Employees to these policies will help attain that goal. 1. PURPOSE AND APPLICATION 1.1 Purpose General The information in these personnel policies serve only as a general reference to the City of Centerville's current policies and procedures. None of these rules and policies constitutes a contract between the employee and the City. These rules and policies are not a guarantee of continued or future employment or intended to alter the employment at will relationship in any manner. Employees have the right, with appropriate notice, to terminate their employment at any time, for any reason or no reason, and the City retains a similar right, subject to any statutory or constitutional restrictions placed upon it as a public employer. If at any time there is a difference between a statement in these documents and source material, such as plan documents, the source material that is current at that time will take precedence. 1.2 Scope Application: This personnel policy applies to all City of Centerville Employees, except the following. A) Elected officials; B) Consultants rendering professional service; C) Members of City Boards, Commissions, and Committees (this Subsection applies only to non - employee members of these City Boards, Commissions and Committees); D) Volunteers; E) Persons engaged under a specific employment contract Collective Bargaining: All Employees covered by a collective bargaining agreement entered into in accordance with the Public Employers Labor Relations Act, Minnesota Statutes §179.61 — 179.77, and §179A.01 — 179A.25 shall be exempt Page 1 of 51 Adopted XXX, 2009 49 from any of these provisions which directly conflict with the language in the bargaining agreement. 1.3 Authority Rights: The City reserves the right to operate and manage its affairs in all respects in accordance with existing and future laws and regulations. These rights shall specifically include, but not be limited to, the right to adopt, amend, repeal, interpret or terminate the personnel policy and work rules without prior notice. The City reserves the right to make these changes retroactive or prospective. Amendments shall be effective the day of adoption unless a different date is specified. The City further reserves the right to make reasonable variations from this policy where the City Council determines that a strict and literal application of the policy would cause an undue hardship on the City, its Employees, or an individual Employee. Interpretation: The City Administrator shall make initial interpretation of these policies or decision on items not covered within these policies and such interpretation will be binding unless modified or overturned by the City Council. This policy supersedes any prior policies, representations or understandings and shall be subject to all applicable State and federal Laws, as well as City Ordinances. 1.4 Equal Opportunity Employer Non - Discrimination: The City of Centerville strives to provide full and equal opportunities for every person in all areas related to employment, training, promotion and compensation. No individual shall be discriminated against with respect to compensation, terms, conditions or other privileges of employment because of race, color, creed, religion, gender, age, national origin, sexual orientation, marital status, veteran status, public assistance status, disability, or to any other group or class against which discrimination is prohibited by State or federal law. 2. DEFINITIONS The following words and terms shall have the meaning as defined herein, unless the context indicates otherwise. Absent Without Leave: Any absence of an Employee from duty including any absence for a single day or part of a day that is not authorized by a specific leave of absence or time off under the provisions of this policy. Anniversary Date: The month and day of initial hiring or promotion of a regular full -time or regular part -time Employee. Appointing Authority: The City Council or City Officer to whom the Council has delegated authority to appoint personnel. Benefits: Privileges or other compensation granted to Employees in the form of leaves of absence, insurance, or pay received in lieu of accrued leave upon termination of Page 2 of 51 Adopted XXX, 2009 50 employment City: The City of Centerville. City Administrator: The City Administrator of the City of Centerville. City Council: The City Council of the City of Centerville. Compensatory Time: For exempt Employees, the same amount of time off work as the employee has overtime hours worked. For non - exempt Employees, time off work at one- and- one -half times the number of overtime hours worked. Demotion: The change of an Employee's status to a position of having a lower pay range, rank or grade, and /or lesser responsibility than previously held. Department: A branch of City administration with responsibility for one or several assigned functions. Department Head: The supervisor of a department. Employee - Exempt: An Employee not covered by the overtime provisions of the federal Fair Labor Standards Act. Employee - Intermittent: An at -will Employee who works occasionally or on -call for an indefinite time, under the same terms and conditions as a temporary Employee. Employee - Full-Time: An at -will Employee working at least 32 hours per week, who has successfully completed a required probationary period, and serves in a position funded in the approved City budget for a given fiscal year. Employee - Non - Exempt: An Employee covered by the overtime provisions of the_ federal Fair Labor Standards Act Employee - Part -Time: An at -will Employee working less than 32 hours per week, who has successfully completed the required probationary period and who is not eligible for benefits, other than those mandated by state or federal law. Employee - Regular: An at -will Employee who has successfully completed all stages of the selection process including the training period and /or probationary period. Employee - Seasonal: A full -time or part-time at -will Employee whose appointment is limited to a specific season of the year and is employed under the same terms and conditions as a temporary Employee. Employee - Temporary: A full -time or part-time Employee who serves in a position on a temporary basis where no benefit eligibility exists and no credit is given for seniority. Employer - The City of Centerville. Page 3 of 51 Adopted XXX, 2009 51 Hours Worked: Includes all hours that the Employee actually performs duties that benefit the City, including rest periods or breaks, meetings, training programs, travel between work sites on a work day, time spent performing duties after hours or on weekends due to emergencies (call backs) and any time performing duties outside the normal shift, even if it is not "authorized." Job Classification: A group of positions sufficiently alike in duties, qualifications, authority and responsibility to warrant the same job title, grade and pay schedule for all positions in the group. Job Description: The written description of a job containing a title, a statement of duties, authority and responsibilities of the job, and the qualifications and experience deemed necessary and /or desirable for the satisfactory performance of the duties of the job. Lay - Off: The separation of an Employee from employment due to elimination of a position; lack of funds or other reason determined by the City Council. Performance Report: A review of an Employee's performance by the supervisor to communicate an Employee's strengths or deficiencies, as well as expectations for improvement. Position: A specific job, calling for the performance of certain duties and having certain responsibilities. Probationary Period: A period of time at the beginning of employment (or the beginning period of a promotion, transfer) that is designed as a trial period. The probationary period is also considered a training period and is the last part of the selection process. Promotion: An advance in position from one classification or grade to a higher classification or grade. Resignation: Employment termination initiated by the Employee who chooses to leave the employment voluntarily. Transfer: A movement of an Employee from one job class or position to another of comparable class and pay range._ 3. ORGANIZATION 3.1 Personnel Files Employment File: The City Administrator or designee shall maintain a separate employment file for each Employee. Each file shall contain a record of each classification of each position the Employee has held with the City and shall also contain a record of all personnel action regarding the Employee including examination records, performance reports, disciplinary proceedings, demotions, promotions, salary changes and any other document relevant to City employment. Page 4 of 51 Adopted XXX, 2009 52 3.2 Job Description General: The City will maintain a written description of each job containing a title, a statement of duties, authority and responsibilities of the position, and the experience and qualifications deemed necessary and /or desirable for the satisfactory performance of the duties of the position. These descriptions will normally be updated periodically, as duties or assignments change, or at the discretion of the City Administrator. 3.3 Assignment of Work Responsibility: Assignment of work duties and scheduling work is the responsibility of the Department Head. It is recognized that jobs may change over time to respond to the changing needs of the organization. 3.4 Classification of Job Duties Responsibility: The classification of job duties, establishment of minimum qualifications, and the maintenance of job descriptions and related records shall be the responsibility of the City Administrator or designee. Salary Range: Each job description shall be assigned a salary range based upon, but not limited to, the following factors: A) An evaluation of the knowledge, accountability, problem solving, abilities and working conditions of the position; B) The duties and rates of pay for other job classifications, whether comparable or not C) The prevailing rates of pay for comparable positions in both public and private employment in the appropriate labor market Financial and fiscal policies and considerations of the City, and other pertinent economic factors. Approval: Each fiscal year, the City Council shall review the pay plan and make changes it determines are necessary. The City Council may modify salary ranges at any time. The City Council shall adopt hourly rates of pay for all positions not covered by the classification and pay plan. Reclassification: Whenever a job has changed sufficiently so that it no longer fits the description, the City Administrator or designee shall make recommendation to the City Council regarding the appropriate action which could involve: reclassifying the job to another existing job class; creating a new job class, updating the job description, restructuring the job to fit an established or proposed class, or other action as deemed appropriate. Page 5 of 51 Adopted XXX, 2009 53 4. APPOINTMENTS 4.1 Vacancies General: Vacant positions that the City Council chooses to fill will be filled on the basis of a regular or temporary appointment and may be made on a full -time or part - time basis. Procedure: Vacancies may be filled by promotion of an existing qualified employee or filled by hiring from outside as determined by the City Council.. Evaluation Method: Applicant qualifications will be evaluated in one or more of the following ways: a rating of experience and training, a written test, an oral test or interview, a performance or demonstrative test, or other appropriate job - related exam. 4.2 Job Posting Intemal Posting: Position vacancies for regular full -time and regular part -time positions will be posted on the official City bulletin boards in City Hall and the Public Works building in addition to, or in lieu of advertising extemally. 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) clays in advance of the deadline for application. Application Form: Applicants for initial hire or promotion must normally submit wri tten application materials setting forth their qualifications and such other information as may be pertinent and required by the City. Unless otherwise stipulated by the City Administrator, applications will not be considered complete without the inclusion of a signed, official City of Centerville employment application form. Page 6 of 51 Adopted XXX 2009 54 Application Review: The City Administrator and /or the supervisor shall review all applications and conduct job - relevant background reviews screening all applications to determine candidate qualifications. Initial interviews may be conducted of the applicants whose qualifications are best - suited for the position. Any applicant not meeting minimum qualifications required for the position shall be rejected for further consideration. Examination: If an examination is required for a position, the examination shall be administered by the City Administrator or his /her designee at a time and place established by the same. Upon receipt of the examination results, the City Administrator or his /her designee shall notify each person taking the examination, in writing, of the results of the examination. Examination scores will be adjusted in accordance with the provisions of the Veterans Preference Act where applicable. Disqualification of Application: An applicant may be rejected at any time if the applicant fails to respond at any stage of the selection process. 4.4 Appointment Authority Regular: The City Council is the Appointment Authority for the City of Centerville and will make all full -time appointments, based upon the recommendation of the City Administrator. The City Administrator shall submit a hiring recommendation based on the interview results of eligible candidates to the City Council. Other: Appointments to budgeted part -time, seasonal, intermittent, and temporary positions may be delegated to the City Administrator. 4.5 Temporary Appointments General: If necessary to prevent interruption of service or inconvenience to the public, the City Council may approve temporary appointments. A temporary appointment may be made for a specified period of time or may be open- ended. When the appointment is open - ended, the City Administrator shall determine the ending date based on needs of the City, subject to Council approval. Temporary appointments will normally be of duration of six months or less. Extension of this maximum time period may be made on an exception basis if warranted by the needs of the City and approved by the City Council. Appointees to temporary positions will not be entitled to benefits. 4.6 Pre - Employment Medical Exams Applicability: A pre - employment medical examination including a drug and alcohol screening is necessary to determine fitness for any regular MI-time City position. Where a medical examination is required, the offer of employment shall be made contingent upon successful completion of the medical exam. Page 7 of 51 Adopted XX)C, 2009 55 Confidentiality: The infonnation obtained during the medical exam shall be treated in the same manner as for confidential medical records under the Minnesota Data Practices Act and HIPAA regulations. Exam: A licensed physician designated by the Employer shall conduct the exam. The physician conducting the exam shall be provided with a description of the duties and responsibilities and other pertinent information about the position. The City 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 and the results of the drug and alcohol screening. Notification of Results: The City Administrator shall inform the candidates of the results of their examination. If a candidate is rejected for employment based on the results, he or she shall be notified of this determination and may request further explanation from the physician. 4.7 Employment of Minors General: Employment of minors will be limited to the ages and conditions as provided by the federal Fair Labor Standards Act (FLSA) and, where more restrictive, State child labor laws. 4.8 Union Representation Labor Relations Act: Relations between the City and its organized Employees are guided by the Public Employment Labor Relations Act (PELRA) of 1971, as amended. A copy will be made available for Employees upon request Joining a union is not required for employment. However, under the Act, the Union may require individuals in a represented bargaining unit who are not members of the Union to contribute a "fair share fee." 4.9 Probationary Appointments Purpose: The probationary period is an integral part of the selection process and shall be utilized for observing an Employee's work and for training the Employee in the work expectations, for assessing the Employee's abilities, skills, and interest, and for rejecting any Employee whose performance does not meet the required work standards. The first six (6) months of employment shall be considered an Employee's probationary period except for exempt employees which shall be twelve (12) months. Duration: Probationary periods apply to new hires, transfers, promotions and rehires. The Council, under special circumstances, may extend the probationary period up to a maximum of six (6) additional months. Termination during Probationary Appointment: The City Council, or the City Page 8 of 51 Adopted XXX, 2009 56 Administrator with approval of the City Council, may terminate an Employee anytime, for any reason, during that Employee's probationary period. The Employee so terminated shall be notified in writing of the reasons for the termination and shall not have the right to appeal unless he or she is a veteran, in which case the procedure prescribed in Minnesota Statute §197.46 shall be followed. Nothing in this Personnel Policy shall be construed to imply that after completion of the probationary period, an Employee has any vested interest or property right of City employment. 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 but not to exceed twelve (12) months. Completion of Probation Period: A performance evaluation will be completed and reviewed with the Employee before the end of the probationary period. The City Administrator will notify the Council as to whether the Employee's performance has been satisfactory or not, and whether the employment relationship should be continued. City Administrator: In the case of the City Administrator, the Council will evaluate the Employee and determine whether or not to continue the employment relationship. The evaluation of the City Administrator shall be in writing on a performance review form. Notification: If the notification indicates the Employee has successfully completed the probationary period and employment will be continued, the Employee will become a regular Employee within the meaning of this policy. The Employee's length of service will be computed from the date of hire for the purpose of calculating the term of probationary period. 4.10 Background Investigation Upon the request of the City Administrator, the police department shall provide certain criminal history data contained in the Minnesota Criminal Justice Information System. The data to be provided must only be about finalists for City positions of employment The City Administrator must obtain the consent of the finalists before requesting the data, but an applicant's failure to provide consent may disqualify the applicant from the prospective position. 5. EMPLOYMENT STATUS CHANGES 5.1 Reclassification General: A recommendation for an Employee to receive a reclassification will be made on the basis of the job's content, resulting from significant changes in the kind, Page 9 of 51 Adopted XXX, 2009 57 difficulty, and /or responsibility of the work performed in the position. A reclassification may warrant an increase or decrease in salary range. The City Council must review all reclassification recommendations made by the City Administrator. Reclassification will be approved only by the City Council. 5.2 Promotion General: Vacancies may be filled by promotion of present Employees who meet the requirements established for the classification, when the City Council determines that a promotion is in the best interest of the City. 5.3 Demotion General: An Employee may be demoted if found unsuited for the present position but may be expected to perform satisfactorily in a position of having a lower pay range, rank or grade, and /or lesser responsibility than previously held. An Employee may also be demoted if his /her position has been abolished or reclassified and he /she cannot be transferred to a position of equal pay for which they are qualified and suited. 5.4 Reduction of Workforce General: If it is necessary to reduce personnel, temporary Employees and those serving a probationary period in affected job classes will be separated before regular Employees. Within each of these groups, the selection of Employees to be retained shall be based on merit and ability as determined by the City Administrator, subject to Council Approval. Lay -off: The City may lay off any Employee whenever such action is made necessary by reason of shortage of work or funds, the abolition of a position, Of because of changes in organization or other reason determined by the City Council. Two weeks advance written notice of the lay -off shall be given when the need for the layoff is foreseeable. An Employee may be transferred to another position if the City Council determines that such Employee is qualified and a position is available. When a lay -off occurs in a job classification in which more than one Employee serves, qualification and job performance as determined and applied by the City Council shall be the basis for determining which Employees are laid -off unless otherwise required by law. Not Disciplinary Action: The suspension and dismissal procedures outlined in Section 17, Discipline, of these policies shall not apply to separation covered by reduction in force. 6. COMPENSATION AND WORK HOURS Page 10 of 51 Adopted XXX, 2009 58 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. 6.3 Work Hours General: All Employees are expected to perform their regular work duties when required to do so by their supervisor, including situations where the workday or workweek requires additional hours or different hours from that normally scheduled. The City Administrator may also adjust normal work weeks and days for the positions that require the exercise of duties and responsibilities outside of normal hours (for example, the need to attend City Council meetings). Timeliness: It is expected that all Employees will report to work on time, use their available hours to the best advantage, and leave only after the regular work hours are completed. The City Administrator may also adjust normal work weeks and days for the positions that require the exercise of duties and responsibilities outside of normal hours (for example, the need to attend City Council meetings). Full - Time Work Week Defined: The regularly scheduled work week for full time, non - supervisory Employees is eight (8) hours per day and forty (40) hours per week, with the regular work week defined as Monday through Friday, 7 :30 a.m. to 4:00 p.m., including rest periods. The City Administrator may also adjust normal work weeks and days for the positions that require the exercise of duties and responsibilities outside of normal hours (for example, the need to attend City Council meetings). Part Work Week Defined: The regularly scheduled work week for part - time, non - supervisory Employees is less than thirty —two (32) hours per week, including rest periods. Flexible work schedules will be allowed on a case by case basis as approved by the City Administrator. The City Administrator may also adjust normal work weeks and days for the positions that require the exercise of duties and Page 11 of 51 Adopted XXX, 2009 59 responsibilities outside of normal hours (for example, the need to attend City Council meetings). 6.4 Work Breaks Meal Break: Employees working eight or more consecutive hours will be scheduled an unpaid meal break of one -half hour. Rest Break: When working under conditions where the use of a rest break is practical, Employees will be allowed to take a fifteen- minute break approximately midway through each four -hour shift. The time of the break is subject to the approval of the supervisor. Unused rest breaks may not be accumulated, nor may they be used for any purpose other than a mid -shift rest period. Unused rest breaks may not be used to leave work early. 6.5 Job Sharing General: Job sharing will be considered on an individual basis at an Employee's request. Arrangement should be made with the immediate supervisor. Any agreement between an Employee and supervisor is subject to approval by the Council. 6.6 Overtime/ Compensatory Time General: The City of Centerville has established this overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. The City Administrator will deterrnine whether each Employee is designated as "exempt" or "non - exempt" from earning overtime. In general, Employees in executive, administrative, and professional job classes are exempt all others are non - exempt. Non - Exempt Employees: All overtime - eligible Employees will be compensated at the rate of time and one -half (11/2) for all hours worked over 40 in one workweek. Personal leave and paid holidays will count toward "hours worked." Compensation will take the form of either overtime pay or compensatory time. Compensatory time is paid time off at the rate of one and one -half (1 off for each hour of overtime worked. Workweek: The workweek is Sunday morning from 12:00 a.m. to Saturday evening at 11:59 p.m. Approval: The Employee's supervisor must approve overtime hours in advance. An Employee who works overtime without prior approval may be subject to disciplinary action. Pre - authorization may be presumed by Employees in emergency situations such as excess snowfall, flood, severe storms, water main breaks, lift station malfunctions, or other similar situations where the immediate response of staff is required to avert endangerment of life, home or property. In the event of an emergency situation, the City Administrator shall be notified immediately. Page 12 of 51 Adopted XXX, 2009 60 Compensatory Time: Overtime earned will be paid at the rate of time and one -half on the next regularly scheduled payroll date, unless the Employee and the Department Head mutually agree in advance the overtime will be banked as compensatory time in lieu of payment. This advance agreement can take the form of the Employee indicating on his /her timesheet that he /she would prefer to receive compensatory time rather than paid overtime for the overtime hours worked on that payroll period. Accumulation: The maximum compensatory time accumulation is forty (40) hours unless a higher amount is established by the City Council. Use of Compensatory Time: Employees may request and use compensatory time off in the same manner as other leave requests. Supervisors shall normally grant such requests, even if another Employee must be called in to cover the hours, unless it causes a serious disruption in business operations. Exempt Employees: Exempt Employees are expected to work whatever hours are necessary in order to meet the performance expectations outlined by their supervisors. Generally, to meet these expectations, and for reasons of public accountability, an exempt Employee will need to work forty (40) or more hours per week. Exempt Employees do not receive extra pay for the hours worked over forty (40) in one workweek. Salary Basis: Exempt Employees are paid on a salary basis. This means they receive a predetermined amount of pay each pay period and are not paid by the hour. Their pay does not vary based on the quality or quantity of work performed, and they receive their full salary for any day in which any work is performed. The City will only make deductions from the weekly salary of an exempt Employee in the following situations: A) The Employee is in a position that does not earn personal leave and is absent for a day or more for personal reasons other than sickness or accident. B) The Employee is in a position that earns personal leave, receives a short term disability benefit or workers' compensation wage loss benefits, and is absent for a full day due to sickness or disability, but he /she is either not yet qualified to use the paid leave or he /she has exhausted all of his /her paid leave. C) The Employee is absent for a full workweek and, for whatever reason, the absence is not charged to paid leave (for example, a situation where the Employee has exhausted all of his /her paid leave or a situation where the Employee does not earn paid leave.) D) The very first workweek or the very last workweek of employment with the City in which the Employee does not work a full week. In this case, the City will prorate the Employee's salary based on the time actually worked. Page 13 of 51 Adopted XXX, 2009 61 E) The Employee is in a position that cams paid leave and is absent for a partial day due to personal reasons, illness or injury, but • Paid leave has not been requested or has been denied; • Paid leave is exhausted; • The Employee has specifically requested unpaid leave. F) The Employee is suspended without pay for a full day or more for disciplinary reasons for violations of any written policy that is applied to all Employees. G) The Employee takes unpaid leave under the Family and Medical Leave Act (FM LA). H) The City may for budget reasons implement a voluntary or involuntary unpaid leave program and, under this program, make deductions from the weekly salary of an exempt Employee. In this case, the Employee will be treated as non - exempt for any workweek in which the budget- related deductions are made. I) The City will not make deductions from pay due to exempt Employees being absent for jury duty, attendance as a witness, or temporary military leave, but will require the Employee to pay back to the City any amounts received by the Employee as jury fees, witness fees, or military pay. If the City inadvertently makes an improper deduction to the weekly salary of an exempt Employee, the City will reimburse the Employee and make appropriate changes to comply in the future. Requirement to Work Overtime: Generally overtime should be avoided; however, all Employees, in all departments, are required to work overtime as requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their Employees when assigning overtime work. 6.7 Outside Employment General: Employees must devote all work time to City business. Work time describes the entire workday as scheduled, No work relating to outside employment or other non - City business may be performed during work time. Conflict of Interest: Outside employment may not present a conflict of interest, or in any way jeopardize the welfare of the City. Performance: Outside employment shall not interfere with an Employee's proper performance of City duties. Employees are required to be available at all times for emergency or overtime work as needed. With the exception of overtime work, Employees should be able to report to work refreshed and ready for work. Page 14 of 51 Adopted XXX, 2009 62 Contracts with City: Employees are prohibited from working for any contractor or company that has a contract with the City during the period of time in which work is being done for the City. Supplies: No Employee shall accept employment that requires the use of City equipment, facilities or material. Compensation: No Employee shall accept pay or compensation from anyone for work done during time being reimbursed by the City. Employees who are volunteer firefighters shall: A) Make up time lost due to emergency calls; or B) Use accumulated personnel leave or other leave for such calls, or pay the City any earnings received as a volunteer for such calls. C) Unless authorized otherwise, only one Employee from a single department, may respond to an initial fire call. Questionable Situations: Any doubtful case or problem should be taken up with the City Administrator if it may involve a conflict of interest. 6.8 Unauthorized Absences General: Employees may not be absent from duty without permission from their supervisor. Any Employee absent from duty without leave or permission will be subject to disciplinary action up to and including dismissal. Unauthorized absence from work may be considered a resignation without notice and not in good standing. 6.9 Solicitation General: Solicitation by Employees for any purpose is prohibited during the working time of the Employee who is soliciting and the Employee being solicited. This shall include canvassing, collection of funds, pledges, taking orders or subscriptions, circulation of petitions, solicitation of memberships or any similar type of activity. Distribution of literature by Employees including handbills, leaflets, circulars or other similar material is prohibited at any time in any working area. 7. HOLIDAYS 7.1 General Eligibility: Regular full -time Employees are eligible for the paid holidays as listed below. Part-time, seasonal and temporary Employees will not be eligible for holiday pay. Page 15 of 51 Adopted XXX, 2009 63 7.2 Holidays New Year's Day January 1 Martin Luther King's Birthday Third Monday in January President's Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Fourth Friday Friday after Thanksgiving Christmas Day December 25 Floating Holiday Date to be pre - approved. 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 (21/2) times the Employee's rate of pay. Not Worked: An Employee not scheduled to work on holidays will be compensated at the normal hourly rate. On Leave: Holidays occurring during an Employee's PTO or funeral leave will be considered a holiday and the Employee's leave bank will not be charged for PTO or funeral on that day. 8. PERSONAL TIME OFF (PTO) - LEAVE WITH PAY 8.1 General Eligibility: Full -time Employees who have worked for the City for at least six months are eligible to accrue annual Personal Time Off leave (PTO) from the date the Employee is hired. PTO will be available for use as it is accrued according to the schedule below. 8.2 Accrual Page 16 of 51 Adopted XXX, 2009 64 Rate of Accrual: Full -time Employees shall earn PTO leave at the following rates. Years of Service PTO Earned 0 through 5 years 6.77 hours per pay period 6 through 10 years 8.31 hours per pay period 11 through 15 years 9.85 hours per pay period 16 through 20 11.38 hours per pay period After 20 years 12.92 hours per pay period Accrual While Using: Employees using earned PTO shall be considered to be working for the purpose of accumulating additional PTO. 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 192 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 heave: The rate of PTO pay will be the Employee's regular rate of pay in effect at the time of PTO request. In the event of termination in good standing, all earned PTO will be paid at the Employee's regular rate of pay. Use of PTO Leave during a Holiday: Holidays occurring during an Employee's PTO leave will be considered a holiday and the Employee will not be charged for PTO on that day. Coordination of PTO Leave with Family and Medical Leave: In order to allow coordination of Personal Time Off leave with Family and Medical Leave, Employees seeking to take PTO may be required to provide enough information about the purpose of the leave to allow a determination of whether the leave will also qualify for Family and Medical leave. Waiver of PTO Leave Prohibited: No Employee is permitted to waive personal leave for the purpose of receiving double compensation. Workers' Compensation: Employees are covered by workers' compensation laws and regulations of the State. In the event an Employee is disabled and is entitled to workers' compensation, the Employee will keep any workers' compensation payments received and will be eligible to receive a bi- weekly pay check equal to one- third (1/3) of the Employee's regular pay through the use of personal leave benefits. Page 17 of 51 Adopted XXX, 2009 65 In addition, the Employee will be entitled 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: (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. (C) For most employees, unused PTO at termination shall be paid into an employee's Health Care Savings Plan. See Appendix A for details. 8.4 Donation of Personal Leave General: With the expressed written approval of the City Council, City Employees may donate accrued PTO in one -hour increments to fellow Employees experiencing extended time off due to a serious medical problem or condition and who have no accumulated PTO or compensatory time. The use of this donated personal leave must be approved by the Department Head and the City Administrator and will be converted to the receiving Employee's hourly rate. This subdivision does not apply to part -time, temporary or seasonal positions. The donation of personal leave from one Employee to another shall be subject to the additional following terms and conditions. • (A) A written request to donate personal leave must be made to the City Council via the City Administrator. (B) The City Administrator shall have the right to deny use of donated personal leave or limit its use in the best interests of the City. 9. LEAVES OF ABSENCE 9.1 Unpaid Leave General: The City Administrator may authorize an unpaid leave of absence for up to ten (10) days. Unpaid leaves of absence for greater periods must be authorized by the City Council. Decisions on unpaid leave of absence requests will normally take into consideration the Employee's performance, length of service and the general interest of the City. No Employee benefits will be earned by an Employee while on unpaid leave of absence and an Employee will not accrue or be paid holiday pay or PTO leave while on leave of absence. Leave of absence hours will not count toward seniority and all accrued PTO must normally be used before an unpaid leave of absence will be approved. Page 18 of 51 Adopted XXX, 2009 66 9.2 Medical Leave General: Full -time employees may take of to six (6) weeks of unpaid leave for reasons relating to family and medical care. Eligible Uses: Eligible Employees can take up to six (6) workweeks of unpaid leave during a twelve (12) month period to care for a newborn or newly adopted child or newly - placed foster child; care for a spouse, son, daughter or parent with a serious health condition; or care for themselves during a serious health condition. A serious health condition is defined as: (A) An illness, injury, impairment or physical or mental condition that involves either inpatient care or continuing treatment by a health care provider for three (3) or more consecutive days; (B) Any period of incapacity because of pregnancy or prenatal care; (C) Any period of incapacity because of a chronic, serious condition; (D) Any period of absence to receive multiple treatments by health care providers for reconstructive surgery after an accident or injury, or for a condition that would likely result in a period of incapacity of more than three (3) consecutive days if left untreated. Medical Certification: The City may require the Employee to document the need for the leave by providing a certification issued by a health care provider. The. Employee will be allowed fifteen (15) calendar days to obtain the certification. Intermittent /Reduced Schedule Leave: Employees may take leave on an intermittent basis or work a reduced schedule under certain circumstances and subject to City Council review and approval. Substitution of Paid Leave: Employees may choose to use accrued paid leave to cover some or all of the leave taken. Job Restoration: When an Employee returns from medical leave, the City will restore the Employee's original job or an equivalent job unless the Employee's job was eliminated during the leave. In this instance, the employee will be treated as laid off pursuant to Section 5.4. Health Benefits: The City will keep the Employee on its health insurance coverage, including family coverage, but will not continue to pay the City's share of the coverage. The Employee must pay the entire premium. The City may cancel coverage if the Employee's premium payment is more than thirty (30) days late and the City has given the Employee written notice at least 15 days in advance advising that coverage is going to be canceled if the premium is not received. Page 19 of 51 Adopted XXX, 2009 67 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. No Employee benefits will be earned by an Employee while on unpaid leave of absence and an Employee will not accrue PTO leave or be paid holiday pay while on leave of absence 9.3 Military Leave General: Minnesota Statutes, § 192.26 — 192.261 provide that an Employee of a municipality who is a member of the National Guard, the Naval Militia, the Officer's Reserve Corps, the Naval Reserve, the Marine Corps, or any other reserve component of the military or naval forces of the United States, is entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the time such Employee is engaged in training or active service, not exceeding a total of fifteen (15) days in any calendar year. Conditions: The leave of absence is only in the event the Employee returns to employment immediately upon being relieved from military or naval service, or is prevented from returning by physical or mental disability or other cause not the fault of the Employee, or is required by the proper authority to continue in military or naval service beyond the fifteen (15) day period allowed for the paid leave of absence. Notice Requirements: Notice will be given to the City at Least fifteen (15) working days in advance of the requested leave. Notice may be waived under certain circumstances. Active Duty: In accordance with State law, the Employee will be granted an unpaid leave of absence when called into active duty. If an Employee has not yet used his /her fifteen (15) days of paid leave when called to active duty, use of any unused paid time will be allowed prior to the unpaid leave of absence. Benefits: Eligibility for continuation of insurance coverage will be in accordance with the Uniformed Services Employment & Reemployment Rights Act of 1994 (USERRA). The Employee and dependents have the right to eighteen (18) months of continuation coverage. When the Employee returns to work, the Employee and any dependents may re -enroll in the City's insurance plan without any pre - existing condition limitations or waiting periods that might otherwise apply to a new Employee, whether or not the Employee or their dependents chose to continue coverage during military leave. The leave of absence will not be considered work time for purposes of PTO accrual. Status upon Return: Returning reservists have the right to return to their jobs or to another job of similar seniority, status, and pay upon completion of active duty in accordance with M.S. 192.261, Subd. 2 and 38 U.S.C. § 2021 and 2024. If the Employee chooses not to return to work for the City, federal COBRA and /or Minnesota Continuation laws would apply. Page 20 of 51 Adopted XXX, 2009 68 9.4 Jury Duty General: Regular Employees may be absent with pay when serving jury duty or when subpoenaed as 2 witness in court or voluntarily serving as a witness in a case in which the City is a party. Pay: To receive their normal wages, the Employee must pay the City the jury duty compensation, minus any mileage or parking reimbursement. If the jury duty compensation exceeds the regular salary rate, the Employee may keep the difference. 9.5 Funeral Leave General: Paid time off may be granted, up to a maximum of three (3) days, in the event a regular Employee suffers a death in his or her immediate family, in accordance with the provisions of this Section. Additional time off without pay, or Personal Time Off if available and requested in advance, will be granted as may reasonably be required under individual circumstances, subject to the approval of the department head. Immediate Family Defined: Immediate family (for purposes of this Section) is defined as an Employee's parent, step - parent, spouse, child, step- child, foster child, adopted child, brother, sister, step- brother, step - sister, grandparent, grandchild, spouse's parents, brother -in -law or sister -in -law. Pay: The actual amount of time off, and funeral leave approved will be determined by the City Administrator depending on individual circumstances, (such as the closeness of the relative, arrangements to be made, distance to the funeral, etc.). In these situations, Employees will receive their regular pay except that Employees will not be paid for regularly scheduled days off. 9.6 Parenting Leave General: Under Minnesota Statute § 181.941, an Employee is eligible to take up to six weeks time off without pay in conjunction with the birth or adoption of a child. The leave may begin not more than six weeks after the birth or adoption; except that, in the case where die child must remain in the hospital longer than the mother, the leave may not begin more than six weeks after the child leaves the hospital. Eligibility: Employees who work at least half -time and have worked for the City for at least twelve (12) consecutive months are eligible for parenting leave. Health Benefits: Insurance coverage as was previously in effect, will continue while on parenting leave. The City will continue to pay its share of the coverage as if the Employee were at work. The Employee will be responsible for his /her share. Use of Personal Leave: Employees are not required to use personal leave during parental leave but may use personal leave at their option for any period of this leave. Benefits will not continue to accrue during unpaid Parenting Leave. Page 21 of 51 Adopted XXX, 2009 69 Reinstatement: The Employee is entitled to return to work in the same or comparable position and at the same rate of pay the Employee was receiving prior to commencement of the leave unless the Employee's job was eliminated during the leave. In this instance, the Employee will be treated as laid off pursuant to Section 5.4. 9.7 School Conference and Activities Leave Leave of 16 Hours: Under Minnesota Statute § 181.9412, an Employer must grant an Employee leave of up to a total of sixteen- (16) hours during any twelve- (12) month period to attend school conferences or school - related activities related to the Employee's child, provided the conferences or school - related activities cannot be scheduled during non -work hours. If the Employee's child receives child care services or attends a pre - kindergarten regular or special education program, the Employee may use the leave time provided in this section to attend a conference or activity related to the Employee's child, or to observe and monitor the services or programs, provided the conference, activity, or observation cannot be scheduled during non -work hours. When the leave cannot be scheduled during non -work hours and the need for the leave is foreseeable, the Employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the Employer. Foster Child: For the purpose of this section, the definition of "child" includes foster child. Unpaid or Use of PTO: The school conference and activities leave will be unpaid, except that an Employee may substitute any accrued paid PTO leave or compensatory time for any part of the leave under this section. 9.8 Service as Election Judge General: Under Minnesota Statutes 5 204B.195, an individual who is selected to serve as an election judge pursuant to 5 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 Page 22 of 51 Adopted XXX, 2009 70 Employee will serve. 9.9 Leave for Bone Marrow Donation General: Under Minnesota Statute § 181.945, an Employee who works an average of at least 20 hours per week is entitled to a paid leave of absence to undergo a medical procedure to donate bone marrow. The combined length of the leave may not exceed forty (40) hours, unless agreed to by the Employer. The Employer may require verification by a physician of the purpose and length of each leave requested by the Employee to donate bone marrow. If there is a medical determination that the Employee does not qualify as a bone marrow donor, the paid leave of absence granted to the Employee prior to that medical determination is not forfeited. 9.10 Civil Air Patrol Leave General: Under Minnesota Statute § 181.946, an Employee who works an average of at least 20 hours per week and is a member of the civil air patrol is entitled to leave of absence without pay for time spent rendering service as a member of the civil air patrol on the request and under the authority of the State or any of its political subdivisions. The leave shall be granted unless the leave would unduly disrupt the operations of the Employer. 9.11 Time Off to Vote General: Under Minnesota Statute 204C.04, every Employee who is eligible to vote in an election has the right to be absent from work for the purpose of voting during the morning of the day of that election, without penalty or deduction from salary or wages because of the absence. Elections Covered: For purposes of this section, "election" means a regularly scheduled State primary or general election, an election to fill a vacancy in the office of United States Senator or United States Representative, or an election to fill a vacancy in the office of State Senator or State Representative. 9.12 Leave for Adoptive Parents General: Under Minnesota Statute § 181.92, Employees shall, upon request, be granted a minimum of four weeks off, without pay, for the adoption of a child. The period of time off shall begin before, or at the time of, the child's placement in the adoptive parent's home, and shall be for the purpose of arranging the child's placement or caring for the child after placement. An Employee may choose to use accrued personal leave for all or a portion of the adoption leave. 9.13 Sick or Injured Child Care Leave General: Under Minnesota Statute § 181.9413, Employees may use personal leave benefits provided by the City for absences due to an illness of or injury to the Page 23of51 Adopted XXX, 2009 71 Employee's child for such reasonable periods as the Employee's attendance with the child may be necessary, on the same terms the Employee is able to use sick leave benefits for the Employee's own illness or injury. 10. Temporary Light Duty Policy 10.1 Application Temporarily Disabled: Consistent with public service needs, the City may assign light duty to employees who are temporarily disabled and unable to provide full performance of all work duties assigned to their job classification. The City reserves the sole right to determine, on a case -by -case basis, whether light duty will be assigned and, if assigned, what duties the employee will be expected to perform in the duration of the assignment. Procedure: The procedure for applying for light duty assignment will be as follows: A) When an Employee is unable, due to temporarily disability, to provide full performance of all work duties assigned to the Employee's job classification, the Employee may request light duty by completing the Request for Light Duty form and submitting it to his /her Department Head. The request shall state the nature and extent of the temporary disability and the job duties which the Employee is unable to perform, along with the expected length of the disability and any work restrictions related to the disability. The City will usually require the request to be accompanied by a physician's report containing diagnosis, current treatment, and physician approval for light duty assignment with any restrictions thereon. 13) The City may require an independent evaluation conducted by a physician selected by the City to verify the diagnosis, current treatment, work restrictions and expected length of disability. C) Determinations regarding light duty will be made on a department -by- department, case -by -case basis. The Department Head, in consultation with the City Administrator, will consider such factors as public service needs and budgetary considerations, the need for work which may be assigned as light duty, the Employee's capability of performing the work, the number of Employees not available for work due to injury or illness, and other relevant factors. D) The City will determine what job duties the Employee will perform. These duties may include those currently assigned to the Employee's job classification or any other duties the City considers to be appropriate. Duration of light duty will be determined at the sole discretion of the City. E) Assignments to light duty will be reviewed on a monthly basis or more often Page 24 of 51 Adopted XXX, 2009 72 as deemed necessary by the City. The City, in its sole discretion reserves the ry y ty, , res right to terminate a light duty assignment at any time based upon, but not limited to, the factors set forth in sub -item C) above. 11. INSURANCE PLANS 11.1 Health, Dental, Disability, & Life Insurance Upon proper application and subject to payment of any required premiums, all regular full time Employees, working at least 32 hours per week, will be required to be covered by the City's health, dental, short -term disability and life insurance plans. Subject to the payment of the required premiums, an Employee's dependents may also be covered under such plans. If the city participates in a "High Deductible" health plan, the deductible shall be fully funded through payroll deduction and deposited into an employee "Health Care Savings Account." 11.2 Cafeteria Plan The City will contribute an amount, designated on an annual basis by action of the City Council, to the Employee for use in the City's 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) Contribution to an authorized flexible spending account; (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: Page 25 of 51 Adopted XXX, 2009 73 • A reduction in the Employee's work hours (including strikes or layoffs); or • Voluntary or involuntary termination of the Employee for reasons other than gross misconduct Divorce, Separation, Death: In the instance of divorce, legal separation or death of the Employee, a spouse and /or dependent child may continue coverage until: • Coverage is obtained under another group plan; or • Until coverage would otherwise end under the plan, such as the City terminating their group coverage for all Employees. Life Insurance Benefits: Generally, if an Employee loses coverage through termination of employment or reduction in hours, s /he has a right to continue group life insurance benefits for a period of eighteen (18) months from the loss of the coverage date. Heahh 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 Administrator in approving requests or assigning training. Time to attend required training will normally be paid time. Advance payments may be authorized for conference registration fees. Once paid, Employees will be held responsible for those fees if the Employee later chooses not to attend, unless unforeseen circumstances appear such as an illness, death in the family, emergency, etc. Other expenses eligible for reimbursement require receipt of appropriate documentation. Required documentation and receipts vary depending on the event. Meals, lodging and parking require itemized receipts. 12.2 Tuition Reimbursement /Educational Assistance The City of Centerville encourages its Employees to enroll in job related educational programs and may provide support through tuition reimbursement. This does not include reimbursement for textbooks or study materials. Under IRS regulations, the reimbursement of certain courses must be reported as taxable income to the Employee. Page 26 of 51 Adopted XXX 2009 74 Requirements: In order for a class to qualify for reimbursement, the following conditions must be met: • The class /course must be job related; • The class /course must be taken from an accredited institution of higher teaming or vocational- technical school; • The class /course must be approved by the City Administrator prior to enrolling • The Employee must receive a passing grade (C or better) in order to receive reimbursement • The Employee must complete a Tuition Reimbursement form and provide a brief course outline; • After the class /course has been completed, the Employee must provide a photocopy of the grade form and the original receipt for tuition; • The Employee must remain with the City for one year after completing the class /course, or reimburse the City for the total cost of any class taken in the previous one -year period. 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 may authorize travel at City expense for the effective conduct of City business. Authorization must be granted prior to incurring the actual expenses. Employees so authorized will receive reimbursement for necessary and incidental expenses according to the terms outlined in this policy and IRS requirements for an "accountable plan." Receipts and /or other verification of the expenses, which show the actual cost of lodging, meals and incidental expenses, are required for reimbursement. A) Automobile Expense: When Employees are required to use their own vehicles to conduct City business or to attend approved training, the City will reimburse the Employee for mileage at a rate as allowed by IRS regulation.. The allowed rate will change on the first of the month following the effective date as provided in IRS regulations. B) Overnight Travel: Lodging expenses include actual reasonable cost of lodging while away on approved travel or training. The amount of reimbursement for an individual attendee of a conference or meeting will Page 27 of 51 Adopted XXX, 2009 75 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 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 regular working days during normal working hours, but also during the corresponding hours on non - working days. Example: If an Employee regularly works from 8:00 a.m. to 4 :30 p.m., Monday through Friday, the travel time during these hours is work time on Saturday and Sunday as well as on the other days. Thus, if travel is overnight and done outside of working hours, the travel time is not compensable. 12.4 Applicability General: Travel and expense reimbursement provided for in this section shall apply to both the Employees of the City and the members of the City Council traveling specifically to conduct City business. 13. PERFORMANCE APPRAISAL Page 28 of 51 Adopted XXX, 2009 76 13.1 Employee Performance Appraisal Schedule: Employees will normally have their performance evaluated at least once during the probationary period, at the employee's one -year anniversary date, and every twelve (12) months thereafter. Performance evaluations will be maintained in Employee personnel files and will be considered when personnel actions are contemplated. Performance appraisals will be conducted in accordance with the established performance appraisal system. Step and annual increases shall not be granted unless an employee has a satisfactory performance evaluation. 14. SAFETY 14.1 General Safety Policy: The personal health and safety of each Employee of the City and the prevention of occupational injuries and illnesses are of primary importance to the City. To the greatest degree possible, management will maintain an environment free from unnecessary hazards and has established safety policies and procedures for each department. Adherence to these policies is the responsibility of each Employee. Overall administration of this policy is the responsibility of each department head. Violation of established policies and rules may result in disciplinary action under the discipline section of the City's personnel policy. 14.2 Safety/Accident Reporting Forms: Workers' Compensation and OSHA laws require that Employees involved in job - related accidents and sicknesses file a First Report of Injury as soon as possible. If necessary the Employee's department head may file the report on behalf of the injured or sick Employee. The department head is also responsible for filing an accident report with the City's Safety Officer. _ 15. SMOKING 15.1 General Prohibited: In the interest of good health, the City discourages Employees from smoking. Smoking is prohibited within all City buildings and in City owned vehicles. Approved Areas: The City Administrator will designate specific outdoor areas as smoking areas. There will be no smoking in areas not designated as smoking areas. If smoking results in discomfort to others, smokers are required to stop smoking. Smoking in non - approved areas may result in disciplinary action. 16. GRIEVANCES 16.1 Grievance Procedure Page 29 of 51 Adopted XXX, 2009 77 Procedure: The following grievance procedure shall be followed by all Employees except those covered by the terms of a collective bargaining agreement. In all cases, grievances must be filed by the Employee adversely affected by the action of the City. Step 1: Any aggrieved Employee shall first file his /her grievance, in writing, with his /her immediate supervisor within ten (10) working days of the action from which the grievance arises or the date upon which the Employee became aware of the action. In cases where the Employee has been adversely affected by an action administered by a City Employee of a higher rank than that of his /her immediate supervisor, the affected Employee shall file his /her grievance, in writing, with the City Employee whose action the adversely affected employee is grieving. Notice must include the following. A) Statement of the grievance and relevant facts; B) The remedy sought; and C) The specific provision of the personnel policy (if applicable). The supervisor shall respond to the grievance, in writing, within ten (10) working days. Step 2: If the Employee is dissatisfied with the response of his /her supervisor, the Employee may, within ten (10) working days from the date of the response, appeal the grievance to his /her department head. The department head shall respond to the grievance, in writing, within ten (10) working days. Step 3: If the Employee is dissatisfied with the response of the depattiuent head, he /she may, within ten (10) working days appeal to the City Administrator. The City Administrator shall respond to the grievance, in writing, within ten (10) working days. Step 4: If the Employee is dissatisfied with the decision of the City Administrator, he /she may appeal, in writing, to the City Council within ten (10) working days of his /her receipt of the City Administrator's decision. The City Council shall consider the written appeal, along with the City Administrator's Step 3 response, and any other pertinent information developed throughout the grievance procedure. The Council shall then decide whether to affirm the City Administrator's decision or consider the issue anew. In general, Council review will be limited to interpretation of this personnel policy and will not relate to issues of fact. Assistance: An aggrieved Employee may be assisted in the presentation of his /her Page 30 of 51 Adopted XXX, 2009 78 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. Time Limits: Failure to conform to the time requirements set forth above shall constitute a waiver of further steps in the above procedure. Time limits set forth in the grievance procedure may be waived, upon written consent of both parties. Any one or more of the steps set forth above may be waived by written consent of the Employee and the designated Employer representative to whom the grievance is being submitted. Working Hours: The hearing and presentation of grievances shall be accomplished during ordinary working hours when consistent with Employee duties and responsibilities. An aggrieved Employee shall be allowed a reasonable amount of time, without loss of pay, to present evidence concerning his /her grievance. 17. DISCIPLINE 17.1 Objective Supervisory Responsibility: Supervisors are responsible for maintaining compliance with City standards of Employee conduct. The City reserves the right to use discretion and to deviate from this policy. Employee Responsibility: City Employees are expected to fulfill their duties and responsibilities at the level required, including observance of work rules and standards of conduct. Failure to do so may result in disciplinary action. Non - Discrimination: Discipline will be administered in a non - discriminatory manner. The supervisor will normally investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. 17.2 Process The City recognizes its continuing responsibility to develop and administer rules and disciplinary measures in a fair and consistent manner. The City will issue discipline at a level within its discretion for the act /inaction in question along with other factors that it deems relevant. Without limiting its right to issue discipline in other areas, an adequate reason for issuing a disciplinary action shall include but not be limited to each of the following kinds of conduct: • Incompetence or inefficiency in the performance of duties; • Failure to produce the quality of work and /or the quantity of work the position or classification requires; Page 31 of 51 Adopted XXX, 2009 79 • Wanton carelessness or negligence in the performance of duty, • Offensive treatment of fellow employees or other persons; • Willful violation of any lawful regulation or order, or failure to obey any lawful and reasonable directions given by the Employee's supervisor. • Violation of the provisions of these Personnel Policies; • Violating the Data Privacy rights of any employee, client, or member of the public; • Conviction of a felony or gross misdemeanor or of a misdemeanor involving moral turpitude which affects the performance of assigned responsibilities; • Gross negligence or willful conduct causing damage and /or abuse of City property. • Absence from work for two (2) consecutive days without notice to supervisor. • • Drinking alcoholic beverages during work hours, intoxicated while at work, or consuming or being under the influence of any controlled substance unless prescribed by a physician while at work; • Theft of public property, pilferage or other unauthorized taking of public property from a public premises for private use; • Carrying or otherwise possessing a firearm or other dangerous weapon at the workplace. Licensed peace officers who carry a gun for work purposes are exempt from this provision; • Sexual, racial, or unethical harassment or discrimination of any City employee or member of the publiq • Acting in a manner not here and above specified which tends to lower discipline or morale within the City or that adversely affects the rendering of prompt, courteous and efficient service by the City and its employees to the public. In addition, disciplinary action may be taken for reasons specifically defined by department rules other than those listed herein. Discipline may take one of the following forms and may be applied progressively as noted below or based on the City's decision. Discipline except dismissal may be implemented by the City Administrator, subject to appeal to the City Council in Page 32of51 Adopted XXX, 2009 80 accordance with the grievance procedure contained in this Personnel Policy. A) Oral Warning: Oral warning should normally be given for the first infraction to clanfy 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. 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, groen a reasonable period of time for improvement. Serious infractions may require skipping either a verbal or written warning, or both. C) Suspension: The Employee will normally be notified in writing of the reason for the suspension, either prior to the suspension or shortly thereafter. Upon the Employee's return to work, the Employee will be given a written statement outlining further disciplinary action possible should the problem continue or reoccur. A copy of the written document shall be placed in the Employee's personnel file. An Employee may be suspended pending an investigation of an allegation. If the allegation is proven false after an investigation, the relevant written documents will be removed from the personnel file and the Employee will receive any compensation to which he /she would have been due had the suspension not taken place. 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. 18. SEXUAL HARASSMENT Page 33 of 51 Adopted XXX, 2009 81 18.1 General The City of Centerville is committed to providing a working environment free of harassment and discrimination. In keeping with this commitment, the City maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment. This policy applies to all City Employees. This policy statement is intended to make all Employees sensitive to the matter of sexual harassment, to express the City's strong disapproval of unlawful sexual harassment, to advise Employees of their behavioral obligations and to inform them of their rights. 18.2 Definition General: To provide Employees with a better understanding of what constitutes sexual harassment, the following definition, based on Minnesota Statutes, is hereby provided: Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when: A) Submission to the conduct or communication is made a term or condition, either explicitly or implicitly, for obtaining employment; B) Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment C) That conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile or offensive employment environment and the Employer knows or should have known of the existence of the harassment and fails to take timely and appropriate action. Examples of inappropriate conduct include but are not limited to: • Unwanted physical contact • Unwelcome sexual jokes or comments; • Sexually explicit posters or pin -ups; • Repeated and unwelcome requests for dates or sexual favors; • Sexual gestures; • Any indication, expressed or implied, that an Employee's job security or any other condition of employment depends on submission to or rejection of unwelcome sexual requests or behavior. 18.3 Expectations Page 34 of 51 Adopted XXX, 2009 82 Violations: The City of Centerville recognizes the need to educate its Employees on the subject of sexual harassment and stands committed to provide information and training. All Employees are expected to treat each other and the general public with respect and to assist in fostering an environment that is free from unwanted harassment. Violations of this policy may result in discipline, including possible discharge. Each situation will be evaluated on a case by case basis depending on the severity and the circumstances involved. Notice: In order for a sexual harassment issue to be addressed, it must be brought to the attention of management. In order for action to be taken, information must be forwarded to the appropriate level of management. Report to: Any Employee who believes he or she has been harassed by a co- worker, supervisor, or agent of the City should promptly report the facts of the incident or incidents and the names of the individuals involved to his or her supervisor or in the alternative to the City Administrator. Responsibility: Supervisors should immediately report any incidents of sexual harassment to the City Administrator. If the City Administrator is unavailable, or if the City Administrator is the subject of the alleged harassment, the employee should report the incident immediately to the Mayor. The City Administrator (or Mayor) ' will investigate such claims and consult with the City attorney for advice on appropriate action. In addition to notifying one of the above people and reporting the nature of the harassment, the Employee is also urged to take the following steps: A) Clearly indicate to the harasser that the conduct is unwelcome and document that conversation; B) Document the occurrences of harassment; C) Submit the documented complaints to your supervisor, the City Administrator, mayor or councilmember. It is required that the complaint is in writing ll) Document any further harassment or reprisals that occur after the complaint is made. Rights: Employees have the right to raise the issue of sexual harassment and to file complaints with respect to such harassment without reprisal. The City recognizes that there are inherent difficulties in developing evidence and maintaining close working relationships among Employees in instances where harassment has occurred. Because of this, the City urges that conduct which is viewed as offensive, be reported immediately to allow for corrective action to be taken through education and initial counseling, if appropriate. Obligations: Management has the obligation to provide an environment free of Page 35 of 51 Adopted XXX, 2009 83 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. A11 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. Unless approved by the City Administrator, the employee shall work all regular work days during the resignation notice period. The City Administrator may waive the notice requirement if it is determined to be in the best interest of the City. 20. CODE OF CONDUCT AND ETHICS 20.1 Purpose General: The City Council of the City of Centerville requires all Employees of the City to adhere to the following code of conduct and ethics. The purpose of this policy is to establish standards for all such persons by setting forth actions which are incompatible with the best interest of the City of Centerville, its taxpayers or in conflict with state or federal laws. 20.2 Conflicts of Interest No Employee having the power or duty to perform an official act or action may be directly or indirectly interested in any contract, transaction, or zoning decision of the City of Centerville except as provided for in the Minnesota State Statutes. Any Employee having an interest in any proposed legislative action of the City Council and who gives an opinion or recommendation to the Council, shall disclose on the record of the Council meeting the nature and extent of such an interest. No Employee may purchase personal property from the City except property that is no Longer needed by the City under the following conditions: A) There is a reasonable public notice and the goods are sold through public Page 36 of 51 Adopted XXX, 2009 84 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 of nominal value that are donated to and shared by the work group; C) Unsolicited advertising or promotional materials with a value of less than $5.00; D) Unsolicited items such as meals which may be provided during meetings, receptions, or other gatherings where the elected official or Employee is in attendance in his /her official capacity. 20.3 Nepotism_ General: Relatives of current City Employees and City Council members are not eligible for employment in job classification in which a conflict of interest may occur. Therefore, relatives will not be hired where: A) One relative would have the sole authority or practical power to supervise, appoint, remove, or discipline the other, B) One relative would be responsible for auditing the work of the other, C) Other circumstances exist which would place the relative in a situation of actual or reasonable foreseeable conflict between the City's interests or their own; or D) Where the applicant /City Employee has a relative who is employed by an organization with whom the City has business dealings, and in the City's judgment, considering the positions and job responsibilities of both the applicant /Employee and the relative would create an appearance of improper influence or favor or would jeopardize the confidentiality of data maintained by the City. The City is not obligated to give special treatment, such as preferential scheduling, to married couples. Page 37 of 51 Adopted XXX, 2009 85 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 the City of Centerville's personnel system, or in any manner commit or attempt to commit, any fraud preventing the impartial execution of the provisions of these policies. 20.5 Rendering of Consideration General: No person seeking employment to, or promotion in, the City of Centerville will either directly or indirectly give, render, or pay any money, service, or other valuable consideration to any person on account of or in connection with, the test, appointment, or promotion, or proposed appointment or promotion. 20.6 Use and Safeguarding of City Property General: No Employee shall use or permit the use of City owned vehicles, equipment, tools, machinery, materials, or other property for personal conveniences or profit unless the use is available to the public generally or is provided as a municipal policy for the use of such public official or Employee in the conduct of official business. City Employees shall not store personal property on City property or in City facilities. Responsibility: All Employees of the City of Centerville who have authority over or the use of, City vehicles, equipment, machinery or property in the course of their duties must assume responsibility for the safeguarding and care of such items. 20.7 Disclosure of Confidential Information General: No City Employee, with respect to any transaction, zoning decision, or other matter which may be the subject of an official act or action of the City of Centerville shall without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City of Centerville, or use such information to advance the financial or other private interest of the elected official or Employee or anyone else authorized to act on the behalf of the City. Page 38 of 51 Adopted XXX, 2009 86 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 generally permitted. The following political activities are prohibited for City Employees: A) City Employees may not use any official authority or influence for the purpose of affecting the result of an election nor may funds be solicited or contributions received from other Employees for political purposes. B) No campaign materials, pamphlets or buttons may be displayed on City vehicles, City property or by an individual on the work site, nor may they be distributed by an employee during his working hours. 21. APPEARANCE AND ATTIRE POLICY 21.1 General The attire and the appearance of City Employees have a direct reflection on the professionalism in the delivery of City services. City Employees are required to meet the general public on a daily basis as part of their regular work assignment and as such, a neatly attired City Employee presents a positive image both of themselves and the City of Centerville. When deciding on appropriate work attire, City Employees shall employ sound discretion in their decisions as clothing needs vary by job function and safety. These considerations should be based on job safety, City image, and personal hygiene. The following is not considered appropriate attire in most work settings and will not be permitted: • Tube tops, halter tops, tank tops, muscle shirts; • Sweats or work out clothing • Tight, body - hugging clothing • Shorts; • Clothing that is revealing and causes a distraction; • Clothing that is faded, worn or in disrepair. Page 39 of 51 Adopted XXX, 2009 87 The City Administrator will be responsible for determining if attire is appropriate. Employees who have questions concerning appropriate work attire should direct them to the City Administrator. Temporary exceptions may be allowed by the City Administrator when a work assignment indicates that different attire would be appropriate. 21.2 Casual Fridays General: Fridays are designated as "casual day" in City 1-Iall. On these clays nice jeans, City logo t- shirts, and City logo sweatshirts can be worn. None of the other items on the above list qualify as casual Friday attire. Employees who take Friday off cannot substitute any other day of their choice as a "casual day". 22. ELECTRONIC MEDIA USAGE POLICY 22.1 General Guidelines: The City of Centerville's electronic media usage policy is designed to provide clear guidelines to City of Centerville Employees regarding access to, and disclosure of computer, network, telephone and facsimile systems. Employees increasingly use and exploit electronic forms of communication and information exchange, and have access to one or more forms of electronic media and services (computer, email, telephones, voice mail, fax machines, external electronic bulletin boards, on -line services, and the Internet). Public Property: The City encourages the use of these media and associated services, because they make communication more efficient and effective, and because they are valuable sources of information. However, electronic media, data, and services provided by the City are City owned and publicly funded, and their purpose is to facilitate City business. The City Council authorizes the use of the Internet and on -line services for the support of all City tasks. The use of the Internet is public and a privilege, not a right, and may be revoked at any time for unacceptable use. Procedures: With the rapidly changing nature of electronic media, and the "netiquette" which is developing among users of external on -line services and the Internet, this policy cannot lay down rules to cover every possible situation. Instead, it expresses the City's philosophy and sets forth general principles to be applied to use of electronic media, data, and services. The following procedures apply to all electronic media, data, and services, which are: A) Accessed on or from City premises; B) Accessed using City computer equipment, or via City -paid access methods; C) Used in a manner that identifies the individual with the City. Page 40 of 51 Adopted XXX, 2009 88 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 Limitations General: Electronic media and services are primarily for City business use. Limited, 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 intemet 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 warning. 22.5 Individual Privacy Page 41 of 51 Adopted XXX, 2009 89 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 highly 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 not delete, examine, copy or modify files and /or data belonging to other users, without their prior consent. 22.7 Passwords / Security General: The City Administrator reserves the right to override passwords and codes at any time. If the City Administrator requests an Employee's password ®, 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. Employees may not attempt to prevent the City from viewing their computer and internet use by changing passwords, deleting or attempting to delete files or records. Participation in "Chat Rooms" is not permitted unless specifically approved by the Administrator. Playing of online games from City computers is specifically prohibited. Responsibility: No email or other electronic communications (including facsimile messages) may be sent which attempt to hide the identity of the sender, or represent the sender as someone else or from another organization. Employees are responsible for all electronic messages originating from a computer operating under his /her password. In no event shall an employee open an email attachment from an unknown source and shall take precautions to ensure that attachments were in fact sent by the known source. The City Administrator shall be notified immediately anytime the employee has reason to believe that City equipment may have been compromised by a virus, Page 42 of 51 Adopted XXX, 2009 90 malware or spyware. 22.8 Excessive Usage General: Electronic media and services should not be used in a manner that is likely to cause network congestion or significantly hamper the ability of other people to access and use the system. Continued impedance of other users through mass consumption of system resources, after receipt of a request to cease such activity, is prohibited. The willful or careless introduction of programs known as computer viruses, Trojan Horses and worms into the City's network or into any external networks or computers can cause such excessive computer usage or even damage a system and so would be a violation of this policy. 22.9 Data Retention Records Retention Schedule: Electronic media may only be discarded in accordance with the City's Data Practices Plan and the Minnesota Data Practices Act. It should be assumed that electronic media may be viewed by the public in accordance with the Data Practices Act. As such, electronic media are similar to printed communication and should be written with the same formality. 22.10 Questions Regarding Policy General: City Employees who have concerns or are uncertain about ethical, legal or security issues regarding the use of data communications tools are expected to discuss their concerns with their supervisor who will act as the Employee's first point of contact. Integrity: Part of the responsibility of the City Administrator is to insure the integrity of City data (an asset). Therefore, the City Administrator, in consultation with the City Attorney, will resolve and answer any questions about this Acceptable Use Policy or its interpretation. Until such issues are resolved, questionable use should be considered "not acceptable ". Questions of interpretation should be submitted, in writing, to the City Administrator. Final authority for this Acceptable Use Policy lies with the City Council. 22.11 Policy Violations General: The City Administrator will review all alleged violations of this City policy on a case -by -case basis. The City Attorney may be consulted for technical assistance in investigating a complaint Clear violations of the policy which are not promptly remedied may result in the expulsion of the offending Employee from the City's network services in addition to disciplinary action, and consistent with the Personnel Policy or appropriate bargaining unit agreement Page 43 of 51 Adopted XXX, 2009 91 23. CELLULAR PHONE USAGE POLICY 23.1 Application General: This policy is intended to regulate the use of City-owned cellular phones within reasonable, practical parameters. As the number of available cellular telephones increases and the efficiencies of cellular telephone usage become even more apparent, it is incumbent upon the City to establish reasonable guidelines for the use of cellular phones. The City of Centerville will benefit by extending the hours essential Employees are available for consultation through the use of cellular phones. Scope: This policy will apply to all City Employees using or having access to City - owned cellular phones. 23.2 Guidelines Policy: The following guidelines are established for the use of City -owned cellular phones: A) Cellular phones are intended to be used to increase the efficiency and effectiveness of the services provided by the City of Centerville. As such, each Employee using a cellular phone during the course of his /her workday must determine whether such usage is appropriate under the circumstances existing at the time of the usage. In making such a determination, Employees must consider the cost of using the cellular phone in comparison with the cost and practicality of locating a customary telephone service. B) During work hours personal phone calls will be acceptable in those circumstances where it is necessary to briefly contact someone concerning important matters. Calls of this nature shall be as brief as possible and should be made only when circumstances prevent timely access to customary telephone services. The City may ask the employee to reimburse for such personal use minutes if the phone's plan- minutes are exceeded for that month and those minutes become an additional cost to the City. C) During non -work hours City Employees having access to assigned City - owned cellular phones may make reasonable personal phone calls during all hours. Employees having 24-hour access to City -owned cellular phones and who also use the phone for personal reasons will reimburse the City for all personal phone calls, to the extent that the calls exceed the maximum allowable air time. D) City Employees who take home a City -owned phone will agree to be accessible for City business when necessary and practical after regular work hours. Page 44 of 51 Adopted XXX, 2009 92 E) All cellular phones shall remain the property of the City and shall be returned to the City upon the termination of employment or if the cellular phone is no longer necessary for work - related purposes. Any inappropriate use of phones may subject to the Employee to disciplinary action. Any additional charges will be paid by the Employee. 24. CARRYING OF FIREARMS 24.1 Policy The City Of Centerville establishes a policy prohibiting the carrying of firearms while acting in the course and scope of employment for the City. This includes but is not limited to: • Driving in a city vehicle; • Working at any city owned work site; • Working off -site on behalf of the city. This policy shall not apply to any licensed peace officer acting within the scope of employment. 25 . DRUG & ALCOHOL FREE WORKPLACE 25.1 Policy General: In accordance with federal law, the City of Centerville has adopted the following policy on drugs and alcohol in the workplace: A) Employees are expected and required to report to work on time, in appropriate mental and physical condition, ready to perform the duties of their job. It is the City's intent and obligation to provide a drug -free, safe and secure work environment. B) The unlawful manufacture, distribution, possession, or use of a controlled substance on City property or while conducting City business is absolutely prohibited. Violations of this policy will result in disciplinary action, up to and including termination, and may have legal consequences. C) The City recognizes drug dependency as an illness and a major health problem. The City also recognizes drug abuse as a potential health, safety and security problem. Employees needing help in dealing with such problems are encouraged to use their health insurance plans, as appropriate. D) Employees must, as a condition of employment, abide by the terms of the City's drug and alcohol policy and must report any conviction under a Page 45 of 51 Adopted XXX, 2009 93 criminal drug statute for violations occurring on or off the work premises while conducting City business. A report of the conviction must be made within five (5) days after the conviction as required by the Drug-Free Workplace Act of 1988. 25.2 Drug and /or Alcohol Treatment Discipline: Employees are prohibited from possessing or consuming alcohol or non - prescription drugs while on the job. Any Employee who reports to work incapacitated or whose performance is impaired through the use of alcohol or non- prescription drugs will be subject to disciplinary action. Leave: In instances where it is necessary, personal leave may be granted for an evaluation, treatment or rehabilitation on the same basis as is granted for ordinary health problems. Consideration will be given for use of leave of absence without pay as defined by the City's personnel policies. Assistance: The City has also made available access to an Employee Assistance Program (EAP), sponsored by CIGNA Behavioral Health Services. 26. EMPLOYEE RECOGNITION 26.1 Employee Action Committee Authority: The City of Centerville promotes an environment in which positive working relationships can be formed and fostered through social interaction and Employees can be recognized for their contributions. For these purposes, Employees are allowed to form an Employee Action Committee, with a 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 structuring by -laws and operating rules for the Committee, which will be reviewed and approved by the City Administrator. Committee members are authorized to use up to one (1) hour of work time per month for Committee business. Employee Recognition and Appreciation: The City Council will designate an amount in its annual budget to be used by the Committee for Employee recognition and appreciation events. The Committee may consider selecting Employees for awards in areas such as longevity, teamwork, innovation, above and beyond, leadership, exceptional customer service, spirit, etc. Awards will consist of plaques or functional items such as clocks or pen /pencil sets and will be of nominal value. Meals served at award ceremonies will be of nominal value and will not include the purchase of alcoholic beverages. Page 46 of 51 Adopted XXX, 2009 94 27. Non - Discrimination Policy General: The City of Centerville is committed to a policy of non - discrimination with regard to race, color, creed, religion, age, national origin, gender, sexual orientation, marital status, public assistance status, or disability. Definition: Discrimination is defined as any overt or covert behavior that excludes access to, admission to, full utilization of, or benefit from any public service because of race, color, creed, religion, gender, age, national origin, sexual orientation, marital status, veteran status, age, public assistance status, or disability. Discipline: Employees who participate in discrimination of any kind are subject to discipline, up to and including termination. Policy: In keeping with the City's commitment and the requirca cents of the law, the City and staff will strive to remove any discrimination in the treatment of customers, employment, assignment and promotion of personnel, training programs, services and opportunities offered to citizens and staff, location and use of facilities, and in verbal and written communications. Complaint Procedure: Employees can bring complaints, ask questions, and raise concerns under this policy without fear of reprisal. (A) An Employee who believes he /she has been made the subject of any discrimination or who believes he /she has witnessed discrimination should report the incident immediately to his /her supervisor. The employee's supervisor shall then immediately notify the City Administrator about the complaint. (B) If the contact with the immediate supervisor does not prove effective, or if the problem is with the supervisor, the Employee may at his /her own discretion, by- pass the immediate supervisor and submit a written complaint directly to the City Administrator. (C) An Employee should report the complaint in writing, detailing the nature of the complaint and all events leading up to the situation prompting the complaint List any witnesses to the event, the time, date and place of the alleged violation, and any other information that may be pertinent to the complaint. 28. SAVINGS CLAUSE This policy is subject to the laws of the United States and the State of Minnesota; in the event that any provision shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be void. All other provisions of the policy shall continue and remain in full force and effect Page 47 of 51 Adopted XXX, 2009 95 Adopted by the City Council of the City of Centerville this _ day of 2009. Attest: Signed: City Administrator Mayor Page 48 of 51 Adopted XXX, 2009 96 APPENDIX A HEALTH CARE SAVINGS PLAN All unrepresented City of Centerville employees (exempt and non - exempt) are eligible to participate in the Minnesota Post Employment Health Care Savings Plan (HCSP). This plan is established under Minnesota Statutes, Section 352.98 (Minn Supp. 2001) and as outlined in the Minnesota State Retirement System's Trust and Plan Documents. All funds collected by the employer on the behalf of the employee will be deposited into the employee's post employment health care savings plan account. Employees will contribute to the Post Employment Health Care Savings Plan as described below: All employees with at least five years of service in the Public Employees Retirement Association (PERA) shall contribute the amount of their severance (unused PTO balance) that exceeds $2000 into the HCSP upon termination or retirement . All employees with at least five years of service in PERA and who are immediately eligible to receive a PERA pension shall contribute 100% of their severance (unused PTO balance) into the HCSP upon termination or retirement. This policy will take effect on January 1, 2010. Page 49 of 51 Adopted XXX, 2009 97 ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING I, , of the City of Name Position Centerville hereby acknowledge that I have received a copy of the City of Centerville Personnel Policies dated , 20_ and have read and understand the information contained therein. Dated this , clay of , 20_ Signature Page 50of51 Adopted XXX, 2009 98 A tervilfe City of Centerville Tuition Reimbursement Form Complete this section and receive approval prior to enrolling in this course. Employee Name: Job Title: Department: Class Name: Attach course description Class Dates: to How does this class relate to your job? Estimated Tuition Cost: Name of School: Address of School: Are you working toward a degree? Yes No If yes, list degree Employee Signature: Date: Pre - Approval Signatures & Funding Source: City Administrator Signature: Date: Department Head Signature: Date: Account Coding: Reimbursement Request Section — Complete after class is finished. Date Class Completed: Final Grade: 'Attach copy of grade sheet - Employee must receive a passing grade (C or equivalent) in order to receive reimbursement. Actual Tuition Cost: " Attach receipt for tuition Employee Signature: Date: City Administrator Signature: Date: Department Head Signature: Date: Alter the Reimbursement Request has been approved, send to the Finance Department with the original receipt and an expense report. Send a photocopy of completed Tuition Reimbursement Form to the City Administrator for inclusion in your personnel file. Page 51 of 51 Adopted XXX, 2009 99 C tO rV iVtV 1880 'Main Street, Centery WS(55038 5 ;5 � 651 -429 -3232 or Tac651 -429 -8629 December 3, 2009 Memo to Council Re: Labor Negotiations Union Local 49 representing Public Works Employees has accepted the following contract provisions for 2010. 1) Term of agreement -one year. 2) Insurance. No change. 3) Union Security. We will agree to their language change with the addition of the following sentence at the end of the paragraph: " This shall not apply to seasonal and part-time employees." 4) PTO. We will agree to an increase in the carryover accrual to 192 hours. We will also extend the donation language in our personnel policy to include public works employees. 5) Article 25. No change. Non -union lost their $60 dollar per year clothing allowance, so the Council will not increase the amounts here. They noted that the allowance for boots is $140. 6) Commercial Drivers License -renew memorandum. Okay. 7) Contract language clean -up. Okay. Local 49 as well as Non - bargaining unit staff will have pay and benefits remain unchanged for 2010 except as noted in item 4) above. I recommend that the City Council approve the labor agreement with Local 49 with the changes noted. Dallas Larson, Administrator 100 eOLI Officer Matthew Langreck, Badge #110 Centennial Lakes Police Department r , • 54 North Road Circle Pines MN 55014 tttrENNIAL 763- 784 -2501 LAKES November 23, 2009 City of Centerville 1880 Main St Centerville MN 55038 City Administrator, A tobacco compliance check was recently conducted. All of the businesses in your city that are licensed to sell tobacco passed the check. I directed an underage buyer into these businesses for the purposes of ensuring that the businesses are taking the appropriate measures to sell their tobacco products to adults. Please feel free to contact me if you have any questions regarding this matter. Sincerely, Matthew Langreck CLPD Tobacco Compliance Officer 1 1 fi ;�; 2 5 2009 L LLij e y _ 101 ,OU.itb Officer Jason Corlew Or 4- Centennial Lakes Police Department •. - 54 North Rd. Circle Pines MN 55014 qNrcrollin 763- 784 -2501 LAKES November 29, 2009 Dallas Larson City Administrator 1880 Main St. Centerville, MN 5538 City Administrator Larson, During the alcohol sales compliance check that I recently conducted one of the businesses in your city that are licensed to sell alcohol failed the check. I directed an underage buyer into this business for the purposes of ensuring that the business is taking the appropriate measures to sell their alcohol products to adults. The business that failed the compliance check is listed below. Kellys Korner Bar 7098 Centerville Rd The employee that sold the alcohol to the underage buyer was issued a summons for the violation under state statue 340a.503, this violation is a gross misdemeanor. I am advising you of the violation since this sale to the underage buyer may also be a violation of your city ordinance. Please feel free to contact me if you have any questions regarding this matter. Sincerely, . Corlew #124 CLPD Alcohol Compliance Officer 102 Tr • r terviCCe 1880 S4ain Street, Centeni[te, 942455038 'T_stablisfied 1S57 651- 429 -3232 or Pat 651- 429 -8629 December 1, 2009 Terry Sager Sahawk of Minnesota, Inc. DBA Kelly's 7098 Centerville Road Centerville, MN 55038 Dear Mr. Sager: Recently the Centennial Lakes Police Department conducted the annual alcoholic beverage sales compliance check. We received a report that your business failed that check and permitted the sale of an alcoholic beverage to a minor. City Code establishes a presumptive civil penalty for liquor violations. The penalty for a first violation is $500 plus license suspension of five days. In order to afford you the opportunity for a hearing to prove that you/your employee(s) have not failed this compliance check, a Council meeting has been scheduled for December 29, 2009, at 6:30 p.m. If you choose to forgo the hearing and accept the penalty, please contact me. I have enclosed a copy of City Code, Chapter 111 and correspondence from the Centennial Lakes Police Department dated December November 29, 2009, for your information. If you have any question or concerns regarding this matter, please feel free to contact me. Sincerely, Dallas Larson, City Administrator Enc. Cc: Kurt Glaser, City Attorney Teresa Bender, City Clerk 103 CASE FILE # &in '�.tA..7 DATE tI! /a t CENTENNIAL LAKES.POLICE DEPARTMENT FORMAL COMPLAINT REQUEST CITY OF: CIRCLE PINES LEXINGTON CENTERVILLE COMPLAINANT INFORMATION: NAME L p iG &Ste pi-) DATE OF BIRTH ADDRESS PHONE NUMBER: HOME WORK PEFENDANT INFORMATION; /� NAME %"11172t - 61407-4 T -4.061407-4 4 tY� _ L 41"f�e^ DATE OF BIRTH 7�z ADDRESS tAO3`t v , cJ ;) . 1 14) �/t)VYliA)CV � ZN PHONE NUMBER: HOME N/A ,, / / WORK A y/4 DRIVERS LICENSE NUMBER (If Applicable) N,)tr OFFENSE INFORMATION: / DATE ( /�/ 7 /0r / QJ�� j� TIME � /J LOCATION / /nC �✓+�s�\) I �1."v K 1 OFFENSES: CIRCLE • E 1. SAL h{' r4k'.ov+o) 4o STATUTE # 3Vhfl. 5 Misd. 2. STATUTE# Misd. GM 3. STATUTE# Misd. GM 4. STATUTE* Misd. GM 5. STATUTE* Misd. GM BRIEF NARRATION: ,\PQ. la r � _ l j� OFFIt'y '_.v__ _ a7 - 104 Agency Name: ORI IS ❑ Pages: ❑ f 1 III''. I �I I. I III I .., , I , i III • CENTENNIAL LAKES POLICE DEPT. MN0020300 JCF: *09278E63* 0 Reporting Officer(s): 4 .. Z 16776 CORLEW, JASON 18968 GIESE, MATTHEW Total Value Stolen snowmen 160.00 b Dale Reported: Assigned: - Arrived: Centred: W 11/27/2009 07:68 PM 1958 1958 2009 Total Value Damaged (Pse.,yr: 1 50.00 G Earliest Detail urn—r: Latest Detetmne OcaneC: Z 11/27/2009 07:58 PM 11/17/2009 07:58 PM Td$I Value Recovered smo.40: 150.00 Location oOMxKe/laddnR Apt: Grid: 7095 CENTERVILLE RD CENTERVILLE, MN 55038 - 05 - 05 MOC Code: Classlecelion: Disposition: VJ W GO LL 6 & 0 Incident Narrative 1 OFFICERS WERE ASSIGNED TO COMPLETE ALCOHOL COMPLIANCE CHECKS IN THE CITIES OF CIRCLE PINES, LEXINGTON, AND CENTERVILLE. OFFICERS USED A 20 YEAR OLD MALE VOLUNTEER TO COMPLETE THE CHECKS. THE MALE WAS ID'D BY MN DL AS SCOTT KOJETIN. SCOTT HAD A VALID MN DL w WHICH WAS PHOTOCOPIED PRIOR TO STARTING THE DETAIL. SCOTT WAS GIVEN VERBAL INSTRUCTIONS > ON HOW TO COMPLETE THE PURCHASE. SCOTT WAS PHOTOGRAPHED AND ASKED TO EMPTY HIS og POCKETS EXCEPT FOR HIS MN DL. SCOTT WAS GIVEN A FIVE DOLLAR BILL SERIAL NUMBER IB00292935B TO PURCHASE ALCOHOL AT THE BUSINESS UNDER MY DIRECTION. SCOTT ARRIVED AT KELLY'S BAR AND WALKED INTO THE BUSINESS WITH OFFICER GIESE. OFFICER GIESE TOOK A POSITION IN THE BAR WHERE HE COULD OBSERVE THE ACTIONS BETWEEN THE BARTENDER AND SCOTT. OFFICER GIESE ADVISED ME BY PHONE A SALE TO SCOTT HAD BEEN MADE. NAM 6CODES A- Adult NreeMd. AC•AnaelIng Caen, C - ComplsMnt D - Driv r, F•Family/Parent G- Guardian, J- Awash Arrested, M- Mentioned. MP - Missing Person, I.Other Involved. 0 - Omer, P. Passenger. PT- Perpetrator. R - Repartee. 8• Suspect. V - Victim. W. W — . Person NJ/U: Code: Name: I Alias: O Business A A ARCHER, SONJA INGEBORG ABaresa Oath, CnitrZipk Apt: Date of Blet Sex: Race: 6634 262ND ST WYOMING, MN 09/2711960 FEMALE j WHITE Height Weight Het Color. Eye Color. Home/Bus. Phone: WorSVBus. Cell: Cal ■ Parton N.MJ: Code: eme: Alias: El Business A M I KOJETIN, SCOTT DANIEL It a Address (Street, City, State, ): - Apt BM : Date of h: Sex: Race: Late MALE WHITE Height: Weight Hair Color. Eye Color. Home/Bus. Phones WoiilVBus. Call: Cal ax: 0 Person A/JAU: Code: I ems: 1 Nies: ❑ Business Address (Street, City, iG; �pk AN.: Date of BLE Sex: Ram Height Weight I Harr Color. Eye Color. Home/Bus. Pitons: ,' . a : ue. : .*•, r` ax: l Supervisor. r � Fxtre Copy To: - Related Case Nuns Number. S 03 Page 1 o12 1 05 Narrative 1 Continuation: Page 1 of 1 Case Number: *09278663* Author: JASON CORLEW I ARRIVED AT THE BAR AND SPOKE WITH OFFICER GIESE AND SCOTT. BOTH PARTIES ADVISED ME THE FEMALE BARTENDER SOLD A BOTTLE OF COORS LIGHT TO SCOTT. OFFICER GIESE TOOK POSSESSION OF THE BOTTLE AND PLACED IT IN HIS SECURE SQUAD UNTIL IT COULD BE PROPERLY PLACED INTO EVIDENCE. I MADE CONTACT WITH THE BARTENDER SONJA. I ASKED TO SPEAK WITH SONJA IN A MORE QUIET PART OF THE BAR SO I WOULD NOT DISTURB HER BUSINESS. I ADVISED SONJA SHE HAD SERVED TO A MINOR AND SHE IMMEDIATELY TOLD ME THE DRIVERS LICENSE SAID 1986. 1 ADVISED SONJA IT DID NOT SAY 1986, BUT IT SAID 1989. 1 ASKED SONJA TO GET HER MN DL SO 1 COULD IDENTIFY HER. SONJA TOLD ME SHE WAS NOT GOING TO LET ME SEE HER IDENTIFICATION UNTIL SHE SAW THE ID THE MALE HAD. I ADVISED SONJA IF SHE DOES NOT COOPERATE WITH ME SHE COULD BE TRANSPORTED TO JAIL. SONJA DECIDED SHE WOULD COOPERATE WITH ME AND) IDENTIFIED HER BY MN DL AS SONJA ARCHER. I COMPLETED A CITATION FOR GROSS MISDEMEANOR FOR SALE OF ALCOHOL TO A MINOR. 1 EXPLAINED THE SUMMONS TO SONJA AND ASKED HER IF SHE HAD ANY QUESTIONS. SONJA TOLD ME SHE DID NOT, BUT SWEARS THE ID SAID 1986. I ADVISED SONJA THE DL SHOWS A DATE OF BIRTH OF 1989 AND A UNDER 21 DESIGNATION IN BOLD LETTERS ON THE TOP OF THE PHOTO. SONJA WAS COMPLIANT AND POLITE THROUGH MOST OF THE INVESTIGATION. OFFICER GIESE COMPLETED AN EVIDENCE FORM AND PLACED THE EVIDENCE INTO EVIDENCE LOCKER 6. NO FURTHER INFORMATION AT THIS TIME. CLEAR 106 SUPPLEMENT REPORT Agency Name: ORI N: AdQi Cass Number. CENTENNIAL LAKES POLICE DEPT. MN0020300 JCF: ❑ p er; 0 1 09278863 LL Reperbng OBMsr(a). Z 18988 GIESE, MATTHEW Iced Value Stolen lAopnyt I $0.00 F Date Reported: Assigned: Arrived: Geared: W Total Value Damaged o+mp.r»: 1$0.00 1 2 r .. •^"5 -- • .. r ` '• m V- a • .. 1 Z (Awoke): Total Valero Recovered (Awoke): [$0.00 1 Location otOlaerroeAncldent er:: l MOC Code: ' Classifldl8on: Diepoet8on: w a 0 Incident Narrative 1 WAS ASSIGNED ALCOHOL COMPLIANCE CHECKS WITH OFFICER CORLEW. I WAS IN PLAINCLOTHES, DRIVING AN UNMARKED DEPARTMENT VEHICLE. I WAS WITH VOLUNTEER KOJETIN. w I WALKED INTO KELLYS AND SAT AT A TABLE, AND GAVE KOJETIN A FIVE DOLLAR BILL AND ADVISED HIM F TO WALK UP TO THE BAR AND ATTEMPT TO PURCHASE A BOTTLE OF BEER. I WAS A POINT OF VANTAGE li TO SEE KOJETIN THE WHOLE TIME AND MONITORED THE TRANSACTIONS. I ADVISED KOJETIN IF THE w WAITRESS ASKED TO SEE HIS IDENTIFICATION, TO GIVE IT TO THEM. Z I OBSERVED KOJETIN REQUESTED A BOTTLE OF BEER, AND THE WAITRESS TOOK HIS I.D.. I OBSERVED THE FEMALE GIVE KOJETIN HIS I.D. BACK, AND HAND HIM A BOTTLE OF BEER. I OBSERVED THE FEMALE I GO TO THE CASH REGISTER, AND HAND HIM BACK HIS CHANGE. KOJETIN WALKED TO MY TABLE, WITH A BOTTLE OF COORS LIGHT, AND HANDED ME $1.50 IN CHANGE. 1 AMMF600£ ` A - Adult Arrested. AC- Arresting then. C- CmnpMNem. 0 - Driver, F - FaMlyIParem• 0 . Guardian. J - Juvenile Muted. M - Mentioned, MP • Missing Person. I. Other involved, O.Owner. P- Passenger. PT - Perp.bsr. R- Repfle, S • Sneed, V- blWm, W- Mess O Business I NA: I Code: I Name: Allay: dress ( Street, City, State, hp): Apt.: Date of B.Ah: Sex: Race: n++n, FT 77 : or e: F.. , ❑ Person 1 ❑ Business a' Sa,- la MOM 1 n.TF NI •nr ❑ Perwn ❑ Business t ^e ,r N.S.. ye ..c '7"-T . :W. N': W Supervisor. Exbe Copy To: - - , • Gee Number: Pagel of 2 1 07 Narrative 1 Continuation: Page 1 of 1 Case Number: 09278663 Author; MATTHEW GIESE I CALLED OFFICER CORLEW VIA CELL PHONE AND ADVISED HIM A SALE WAS MADE. I TOOK THE BOTTLE OF COORS LIGHT WITH THE CHANGE, AND KOJETIN AND I WALKED BACK TO MY CAR, WHILE OFFICER CORLEW CAME INSIDE THL BUSINESS TO COMPLETE PAPERWORK. I SECURED THE BOTTLE OF COORS LIGHT IN MY SQUAD ALONG WITH THE CHANGE. AT BASE I PLACED THE CONTENTS OF THE BOTTLE INTO A RED EVIDENCE CONTAINER, AND DUMPED THE REST OUT. I PLACED THE RED CONTAINER, EMPTY BOTTLE OF COORS LIGHT, AND THE CHANGE IN AN EVIDENCE BAG, AND SECURED IT INTO EVIDENCE LOCKER 6. SEE EVIDENCE SHEET. AT BASE I HAD KOJETIN COMPLETE A VOLUNTARY STATEMENT WHICH IS ATTACHED TO THIS REPORT. END OF SUPPLEMENT. 108 • CITATION FOR DROSS MISDEMEANOR STATE OF MINNESOTA DISTRICT COURT COUNTY OF.ANOKA ; TENTH JUDICIAL DISTRICT CITATION FOA GROSS MISDEMEANOR i State. of Minnesota, ( Plaintiff District Court.File No vs. 'Sedrs tkan� y Ardte4 , V 'D efendant.' - . ' Defendant's DOB : - GiD, Address: (403q .a624745 SI- W'orbiNti TO: The above - named Defendant. . YOU ARE HEREBY ORD to appear on the rtiV\ day of SAN ;, . at o nn -o!Clock M., before the .above -named Court.at 'Anoka County Courthouse, 325 East treat; Anoka to an�w'r'th Charge that on the. 2 .y , of cool ,:at 7A�i C'aw� 1Z i� •, ' Yn the`City of o in the County of Anoka, State of Minnesota, - ou commited'tlie f o l described offense(s): * N OTE TO OFFICERS: Please indicate on this form p h charges (inciuding leaser - included misdemeano for which the defendant is to be charged and released pursuant to this citation. Thank you. ,,;, ;cunt 1 / . Count 3 Charge: 5 J� i f ( LO k ot. 16 fli r N a1' Charge: k Minn. Stat� :. c+tion: 3 4:iq, qpri Minn. Stat. Section: Maximum Sentence: .604, ie Maximum: Sentence . Count 2 H Count 4 Charger H : Charge Minn. Stat..Section: .. Minn. Stat. Section: Maximum Sentence Maximum Sentence: If you fail to appear in the Anoka Count' •istrict court at the time stated above in response to this citation; a rr - rt fo, our arrest may be issued by the court. 11/Z- 7�o 1 '�" Dad :O: cer.s gnature,a d Title or Badge No. • g A1 Off c Departmi t : . Defendant's acknowledgement of receip \ 1 1. k `` Original - , Court Administration Pink - De. =ndant.. 4 - anary - Officer Gold Inmate File ACJF -014 Form 104 05/96 mos 109 VICTIMS DEFENDANT /O \JOL 1 . Arc f � Dote Centennial Lakes Police Department Case No. 0I ,/e7.01 EVIDENCE RECEIPT ®9'a7frV && ITEM TIME 1 2OPP 2-i DO- 1ja' royltathaAr ?.c on 'Ur h' roors lye �, ��. o - (1 -�► / (a- -.z57) 2 1 r o r4rhr 9 � ma f ft it v l / Flattop ► 1. V / in N of 0, e• rall CHAIN OF POSSESSION: Ey (i,��{' #'�.,� ne �(s) Timm { W P s • >�� Fin (SI win �! I `GA • ( r ion izt 1 -t( I1 6 ri.'s 1 ni :., ' 5-v/dc u. 6 WHITE ORIGINAL CANARY 1ST COPY PINK 2ND COPY 110 CENTENNIAL LAKES POLICE DEPARTMENT VOLUNTARY STATEMENT Department Case Number _ a e t I P Y lt (, Officer's Badge Number 12. Date of Birth: (First) (Middle) (Last) Address: City /State: all Home Phone: WOrr Phone: do voluntarily give the following statement to the Centennial Lakes Police Department ,Stott raj 'tit av► t4 an evil a4.1i.0hal PoatpJ Pen it /At r fc' canattjqAs -1 i ITtS Wit t ded#41 ine#1 f o n V A7 le and net' IM+e, Cor,yri.y T.p- tie 3 bows t 9'#t/ title. An T. k- 4y,r. 611-CKCd Lr,rtr F r o m r o . ■ crtst cialbsr M W r r'wt s tj„ S!1. yo f4, E Aft ;Tips+ G true 144 This statement, consisting of / pages, including corrections if any, which I have initialed, is true and correct to the best of my knowledge, Signed: Date: U/2 7 /94:09 111 0 g 0 0 N rrf 0 CO CO N R. y x W L m q m q 9 O C ul C1 J Q Li a • co g g 9 Q W g ta B W 'S N = N U s 2 C 0 e L j Y t , a a di ca W tj • C CO Y d , P C w 0 F o o K z g r a co a a 7 W G'� p y1 '.. y 0 d 2 d Z8 o u ' Y o a o d > In Ed C dJ K JJ!6, W , c 1 C N Z ao r > E S E � C'p ac a F p Q p o d C 0` mri S og - Ti pp pLt-xg e".p c - h F 1 z.., >t H x t 4dmdm zd+c�EU'r d3LL a 4,1 00 _U a Kp!SLL 0 K0.0L -30 04.= U L 112 (B) The enlargement, substantial alteration or extension shall not be allowed unless the Council approves an amendment to the license. (Ord. #13, adopted 8/28/2002) § 111.25 PUBLIC CHARACTER OF LIQUOR SALES. No sale of liquor shall be made to or in guest rooms of hotels unless: (A) The rules of the hotel provide for the service of meals in guest rooms; (B) The sale of the liquor is made in the manner on -sales are required to be made; (C) The sale accompanies and is incidental to the regular service of meals to guests therein; and/or (D) The rules of the hotel and the description, location and number of the guest rooms are fully set out in the application for the liquor license. (Ord. #13, adopted 8/28/2002) § 111.26 PRESUMPTIVE CIVIL PENALTIES. (A) Purpose. The purpose of this section is to establish a standard by which the City Council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this chapter. These penalties are presumed to be appropriate for every case; however, the Council may deviate in an individual case where the Council fmds that there exist substantial reasons making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the state 'or city to prevent the sale of alcohol to minors. When deviating from these standards, the Council will provide written fmdings that support the penalty selected. (B) Minimum penalties for violations. The minimum penalties for convictions or violations must be presumed as follows (unless specified, numbers below indicate consecutive days' suspension). (1) The following violations require revocation of the license on the first violation: (a) Commission and/or of a felony related to the licensed activity; (b) Sale of alcoholic beverages while license is under suspension; and (c) Sale of intoxicating liquor where only license is for 3.2 percent malt. liquor. (2) Any violation not listed in the previous information would be heard by the Council and they would review all information and circumstances and determine a 11 penalty with the maximum fine of $2,000 and/or 60 -day suspension or determine the license should be revoked. (3) License holders have the right to request a hearing before the City Council if not in agreement with the presumptive penalty. The City Administrator also has the right to request a hearing before the Council if he or she or they believe there exists substantial reason making it appropriate to deviate front the presumptive penalty. If the City Administrator and licensee agree on the presumptive penalty, these will be reported to the City Council in a staff report. (C) Multiple violations. At a licensee's first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the presumptive penalty for each violation under the first appearance column in division (B) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion. (D) Subsequent violations. (1) Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the City Administrator and licensee agree in writing to add the violation to the first appearance. (2) The same procedure applies to a second, third or fourth appearance before the Council. (E) Subsequent appearances. (1) Upon a second, third or fourth appearance before the Council by the same licensee, the Council may impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. (2) However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this section. (F) Computation of violations. Multiple violations are computed by checking the time period of the three years immediately prior to the date of the most current violation. (0) Other penalties. Nothing in this section shall restrict or limit the authority of the Council to suspend up to 60 days, revoke the license, impose a civil fine not to exceed $2,000, to impose conditions or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this chapter. 114 (H) Notification. If a licensed establishment is cited for a violation of this chapter, the Chief of Police must provide a letter of notification to the licensee and the City Council through the City Administrator within 30 days after the violation occurred. (1) Regular penalty grid. Type of License First Violation Second Violation Third Violation Fourth Violation On -sale $500 and 5 Days $1,000 and 10 $2,000 and 15 Revocation Intoxicating Suspension Days Suspension Days Suspension Liquor Off -Sale $500 and 3 Days $1,000 and 7 $2,000 and 12 Revocation Intoxicating Suspension Days Suspension Days Suspension Liquor On -sale Beer and $500 and 5 Days $1,000 and 10 $2,000 and 15 Revocation Wine Suspension Days Suspension Days Suspension Off -sale 3.2 $1,000 and 10 $1,500 and 20 $2,000 and 40 Revocation percent Malt Days Suspension Days Suspension Days Suspension Liquor (Ord. #13, adopted 8/28 /2002) § 111.27 EFFECTIVE DATE. This chapter shall be effective immediately upon the date of its publication. (Ord. #13, adopted 8/28/2002) 11