11-09-98 CCCITY OF OTSEGO
REQUEST FOR COUNCEL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE:
DEPARTMENT: PREPARED BY: MEETING DATE
4. Open Forum:(5 Minute Limit) Elaine Beatty
Council of:
11/9/98-6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY:
4.1.Special Presentation
A. Doug Bumgardner - RE: 9700 Nashua Ave. NE and two
residences on one lot. (See attached letter and information
from Mr. Bumgardner and information from Jerry Olson,
Building Official)
BACKGROUND-
Attached is a letter from the Bumgardner's dated November 2, 1998
regarding the property noted above. Also attached is a real estate
listing with a picture of the property. Jerry Olson, Building
Official has also written a memo dated September 1, 1998 and attached
further information for you to review. Mr. Bumgardner will be on open
forum - special presentation as he wishes to address the Mayor and
Council on this issue.
RECOWEMATION
This is for Council review, consideration and any decision.
The Staff feels it was permitted as a garage/storage studio and
therefore is illegally established.
anks,
Elaine
November 2, 1998
To: Mike Robertson, City Administrator
��•••� �anrr�� t �:n� i �+ar4 i �r�nrT ci,;sni
From: Doug and Polly Bumgardner
e. I -q it rraperty 9100 Nashua Ave NE
In response to Mr. Olsons inspection of property 9700 Nashua Ave. NE, we
would like to express a few facts that were not included in Mr. Olson's letter and
proposed solution.
When we purchased this property, it was sold to us as a property which.included a.
guest house. This is how it was advertised and this is how we purchased it. We did
nothing to the building. The way Mr. Olson saw it on September 1 is the way it was
when we purchased the property. So for him to suggest that we "remodel the building
bg.k into a studio/storage area" in an incorrect suggestion. It never was a studio/storage
building.
This building existed the way that is presently is for aproximately 13 years. The
original owner was given a permit by whomever was responsible for permits at that time
and they apparently never followed through to inspect the structure to see if it was built
according to what the permit allowed. We fail to see how this irresponsiblit_y is now our
responsiblity. We are wanting to do the right thing by putting in a septic system -that
meets the city of Otsego's requirements. And we believe the guest house should be
included in that new septic without our having to spend extra money to remedy
something was not our doing in the -first place. Even if you term the building a
studio/storage, there is no reason a studio could not include a bathroom area. Most office
space we have seen includes restroom facilities. The most we believe should be done is
to remove the little stovetop that is in the building.
We hope you will consider these facts and that there will be a reasonable solution
we are able to agree upon. Thank you for your time.
Sinc ely,
oug a Polly Bumgardner
Secluded River Retreat
=a
_ 3
L+u,.�ye��oaF: � • 'yH�wLQ' 4Y_.Ili��4 -
9700 Nashua Ave. NE.
$177,500
Unbelievable quality and craftsmanship and the seclusion
and enjoyment of the Mississippi River,
make this a unique property.
Beautiful woods throughout, cozy floor plan,
possible separate living space
in lower level and guest house.
Offered by:
Mel Beaudry
441-2248 or 441-5452
Century 2 1, White Dove Realty
THIS AMAZING HOME INVITES YOU TO TAKE YOUR SHOES OFF AND
STAY AWHILE. FLOORSECOMB COMBINED WITH BRIRMTH OF CKWORKUT DWALNUT AND WOOD STOVES, AND
HARDWOOD
HARDWOOBEG
YOU TO LOOK FURTHER.
GREAT KITCHEN WITH PLENTY OF SPACE AND CABINETRY ADJOINS
DINING ROOM WITH BEAUTIFUL VIEWS TO OUTDOORS.
MAIN FLOOR LAUNDRY AND MASTER BATH SUITE.
CRAFTSMANSHIPKOUT LEVELES HADFAMILYRS To 2 ROOM ANDEDENO
MS AND BATH.
LOWER WITH KITCHEN FOR
POSSIBLE SEPERATE LIVING AREA.
ABUNDANT STORAGE AND BUILT-INS THROUGHOUT.
GUEST HOUSE ALSO WITH BATH AND KITCHENETTE.
IF YOU YEARN FOR QUALITY AND CRAFTSMANSHIP, THIS IS A MUST
SEE!
CITY OF OTSEGO
OFFICE MEMORANDUM
sate: September 1, 1998
To:
Mike Robertson, City Administrator
From: Elaine Beatty, City Clerk/Zoning Adm.
Jerry Olson, Building Official
Subject:
Bumgardner Property
On Tuesday September 1, 1998 I met Mr. Bumgardner at his home at
9700 Nashua Avenue NE to inspect the accessory structure located on the same
property.
Upon a walk-thru of the structure I observed kitchen, living room,
bedroom, and bath areas complete with cabinets, closets, and a wall furnace.
There was evidence of recent habitation. There is no doubt that this building was
and could continue to be occupied as a living quarters or apartment. I informed
Mr. Bumgardner that I would not issue a permit to either connect the building to
the existing septic system or allow a new system to be installed to serve this
building.
I also informed Mr. Bumgardner that his only option would be to abandon
the existing system serving this building or to remodel the building back into a
studio/storage area that the original permit specified. This would require the
removal of any sleeping areas, and clothes closets, bath tub, shower, and cooking
facilities so that the building could not be occupied as a home or apartment.
Mr. Bumgardner was quite upset. I told him he had the option to appeal
to the City Council.
July 7, 1998
Office Staff
Jerry Olson, Bldg. Official
Property at 9700 Nashua Ave. NE
Owner Baumgardner
The house was built in August of 1975 and the septic was installed at the same
time. Both permits were issued by Wright County. There is a cabin that was built in
August of 1979 by the same owner. A permit was issued by Wright County at that time
for a 19 x 30 garage. A permit was also issued at the same time for a septic system to
serve this building, described on the plans as a garage (storage) studio. From the plans on
file it appears that the septic tank for this cabin is located inside of the building and piped
to a dry well (seepage pit).
I would suggest this be discussed at a staff meeting. See memo from NAC.
JUL-02-1998 13:42 NAC 612 595 9837 P.01/0i
N nr^ew% NORTHWEST ASSOCIATED CONSULTANTS
INM%moo COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
MEMORANDUM- via fax transmission
TO: Jerry Olsen _
FROM: Daniel Licht
DATE: 2 July 1998
*`1_5 5� . L) goo
RE: Otsego.- Praperty..w,l bAn.domlliogs
FILE NO.. 176-08
In regards to our discussion earlier related to a point-of-sale inspection of a property with
two dwelling -units, thereare-a numbannf.issueathat.need-to be.slarified:
1. Flow big is the property in question? /. i Alit. -
2. Is.fhe cabin. up. code.. for. an. inhabitable.structure.not.nnly.rBlated.lo.the._&eptic
system.but heating, electrical, etc. within the building? wp l,tet
3. Assuming the. cabin.prelaces the.si—family house,.when- waa the.skVW-Gamily
house built and was this unde Wright n r Otsego jurisdiction? Unless there
was a specific.appro-vai giverLe- her-hy lr<IlrightZmnty.Dr-byDtsego-allowing..the
cabin to be used as a dwelling unit, such use is illegal.
4. Sale of..the.property.wouldJnvolve.hringingJaoth septic.systems-up-to.standard,
However, continued use of the cabin as a dwelling unit would likely require that the
property owner. A). Subdivide..the_property_into .tvioJnis, provided ther-e.is-sufficient
lot areato do so, B) Request approval of a PUD/CUP for two principal structure on
one lot, assuming..the.cabin.is up Ao_code,_or..C). Cease..using..the....cabia-as.a
dwelling unit and disable the septic system. Under the third option, use of the cabin
would be limited to accessoryuses. star -age -
Once you have had an opportunity to review these issues, we can discuss the matter
further. PGease.give.me..-caU m6en..you .t zye_a._chance_
8775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK, MINNESOTA 55416
PHONE 612-595-9636 FAX 612.595-9837 E-MAIL NAC@WINTERNET.COM
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OFFICE OF PLANNING AND ZONING
Wright County Court House
Buffalo, Minnesota
APPLICATION FOR USE AND BUILDING PERMIT
pTSEGO Tbwnsite A ?a IL
LEGAL Lot #6 A part of Parcel Lots 4 thru 12 Permit No.
DESCRIPTION Date 7 r—_2 7—
AND inclusive - Block 84 Also all of D Street lying between Blocks 84/83
LOCATION Lot Block Additi n _.
-Og q O 0
Tax Parcel # Lake Name Laie Classif. Sec. TWP. JQJRange a TWP. Name
IDENTIFICATION: Please Print All Information
CHARACTERISTICS:
IlkLot Area is 4 acres square feet. Water frontage is feet
Building set back from high water mark is 250' feet. (Building Line)
Land height above high water mark at building line is 40 feet.
Building set back from State Hwy.—feet—County Road feet from township road or street is132Lfeet. All measurements from centerline.
Side yard is 25 and RTA feet. Rear yard is 50+ feet.
Agreement: I hereby certify that the information contained herein is correct and agree to do f pro sed work ac�dewWrea
scription above
set forth and according to the provisions of the ordinances of Wright County, Minneso furth agree th `ny io� submitted
herewith shall become a part of this permit application. I also understand that this pe it is d for a rIod of
July 24, 1979 _ '
Application Date ignat e o 0 er n actor7_
Permit: Permission is hereby granted to the above named applicant to perform ework escribed in the above statement. This permit is granted upon the
express condition that the person to whom it is granted and his agent, emplo ees and workmen shall conform in all respects to the ordinances of Wright
County Minnesota. This permit may be revoked at any time upon violation of ordinances.
Issuance Date Cffice of Planning and Zoning
Permit Fee $ i n _ nn State Surcharge $ _ Sn
BUILDING INSPECTORS COMMENTS
Variance Grante (yes (no) Date: PLANS APPROVED uate
Conditional Use Permit Granted (yes) (no) Date: __
Signature of Inspector
Last Name First Initial Mailing Address - No. Street. City and State Zip No. Tel. No.
OwnerFairview
Mound , Mn 55364 472-2502
Contractor
Name
TYPE OF IMPROVEMENT:
( ) New Building
( )Alteration (Specify:)
Room
( )Other
RESIDENTIAL PROPOSED USE:
ne a ing (Stick Built)
( ) Mobile Home Dwelling
_( Garage 19 X 30
( ) Other Size
NON—RESIDENTIAL PROPOSED USE:
Specify:
ESTIMATED COST OF IMPROVEMENT $ ^ ^z --
r
PRINCIPAL TYPE OF FRAME:
( ) Masonry
( Wood Frame
( ) Structural Steel
( ) Other — Specify
TYPE OF SEWAGE DISP SAL:
( ) Public
) Individual Septic Tank. etc.
WATER SUPPLY:
( ) Public
( ) Individual Well
HEATING:
( ) Electric ( )Gas ( ) Oil
( ) Coal ( ) None
Other:
TOWNSHIP OFFICERS COMMENTS:
DIMENSIONS:
Basement: ( )Yes ( )No
Stories above basement:
Sq. feet (outside dimension)
Bedrooms Baths
CHARACTERISTICS:
IlkLot Area is 4 acres square feet. Water frontage is feet
Building set back from high water mark is 250' feet. (Building Line)
Land height above high water mark at building line is 40 feet.
Building set back from State Hwy.—feet—County Road feet from township road or street is132Lfeet. All measurements from centerline.
Side yard is 25 and RTA feet. Rear yard is 50+ feet.
Agreement: I hereby certify that the information contained herein is correct and agree to do f pro sed work ac�dewWrea
scription above
set forth and according to the provisions of the ordinances of Wright County, Minneso furth agree th `ny io� submitted
herewith shall become a part of this permit application. I also understand that this pe it is d for a rIod of
July 24, 1979 _ '
Application Date ignat e o 0 er n actor7_
Permit: Permission is hereby granted to the above named applicant to perform ework escribed in the above statement. This permit is granted upon the
express condition that the person to whom it is granted and his agent, emplo ees and workmen shall conform in all respects to the ordinances of Wright
County Minnesota. This permit may be revoked at any time upon violation of ordinances.
Issuance Date Cffice of Planning and Zoning
Permit Fee $ i n _ nn State Surcharge $ _ Sn
BUILDING INSPECTORS COMMENTS
Variance Grante (yes (no) Date: PLANS APPROVED uate
Conditional Use Permit Granted (yes) (no) Date: __
Signature of Inspector
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE:
(DEPARTMENT: PREPARED BY: MEETING DATE 11
I5. CONSENT AGENDA (Non -Controversial Items) Elaine Beatty
IL Council
11/9/98-6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY:
5.1. Approval of Abdo, Abdo, Eick & Meyers LLP Certified Public
Accountants and Consultants for the Year Ending December 31, 1998
Audit.
BACKGROUND:
Attached is a letter from Steven R. McDonald, CPA for your
consideration and approval on the consent agenda. If you desire to
discuss this further, it must be removed to another section of the
agenda.
RECOWENDATION:
Approve the letter of understanding from Abdo, Abdo, Eick & Meyers LLP
for the year ending December 31, 1998 audit services.
Thanks,
Elaine
�j .AABDO
ABDO
�EICK &
1lio4l-KEYERSUP
Certified Public Accountants & Consultants
7241 Ohms Lane
Suite 200
Minneapolis. MN 55439
Honorable Mayor and City Council
City of Otsego
Otsego, Minnesota
October 20, 1998
We are pleased to confirm our understanding of the services we are to provide for the City of Otsego for the year
ended December 31, 1998. We will audit the general purpose financial statements of the City of Otsego as of and
for the year ended December 31, 1998.
The objective of our audit is the expression of an opinion as to whether the general purpose financial statements are
fairly presented, in all material-Fespects, in conformity with generally accepted accounting principles. Our audit will
be conducted in accordance with generally accepted auditing standards and the standards for financial audits
contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will
include tests of the accounting records of the City of Otsego and other procedures we consider necessary to enable
us to express such an opinion. If our opinion on the general purpose financial statements is other than unqualified,
we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are
unable to express an opinion, we may decline to express an opinion or may not issue a report as a result of this
engagement.
The management of the City of Otsego is responsible for establishing and maintaining internal control. In fulfilling
this responsibility, estimates and judgments by management are required to assess the expected benefits and related
costs of the controls. The objectives of internal control are to provide management with reasonable, but not
absolute, assurance that assets are safeguarded against loss from unauthorized use of disposition, that transactions
are executed in accordance with management's authorizations and recorded properly to permit the preparation of
general purpose financial statements in accordance with generally accepted accounting principles.
In planning and performing our audits, we will consider the internal control sufficient to plan the audit in order to
determine the nature, timing and extent of our auditing procedures for the purpose of expressing our opinions on the
City of Otsego's general purpose financial statements.
We will obtain an understanding of the design of the relevant controls and whether they have been placed in
operations, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain
controls that we consider relevant to preventing and detecting errors and fraud that are material to the general
purpose financial statements and to preventing and detecting misstatements resulting from illegal acts and other
noncompliance matters that have a direct and material effect on the general purpose financial statements. (Tests of
controls are required only if control risk is assessed below the maximum level.) Our tests, if performed, will be less
in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be
expressed.
612.&15')090 • Fax 612.835.3261
City of Otsego
October 20, 1998
Page Three
Management is responsible for making all financial records and related information available to us. We understand
that you will provide us with such information required for our audit and that you are responsible for the accuracy
and completeness of that information. We will advise you about appropriate accounting principles and their
application and will assist in the preparation of your financial statements, but the responsibility for the financial
statements remains with you. That responsibility includes the establishment and maintenance of adequate records
and effective internal control over financial reporting, the selection and application of accounting principles, and the
safeguarding of assets.
We understand that your employees will prepare all cash or other confirmations we request and will locate any
invoices selected by us for testing.
The workpapers for this engagement are the property of Abdo, Abdo, Eick & Meyers, LLP and constitute
confidential information.
Our fees for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction,
typing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not
exceed $4,500. Our standard hourly rates vary according to the degree of responsibility involved and the experience
level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work
progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel
and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional
time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs.
Government Auditing Standards require that we provide you with a copy of our most recent quality control review
report. Our 1996 peer review report accompanies this letter.
We appreciate the opportunity to be of service to the City and believe this letter accurately summarizes the
significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of
our engagement as described in this letter, please sign the enclosed copy and return it to us.
Sincerely,
ABDO, ABDO, EICK & MEYERS, LLP
Certified Public Accountants
A60j"t I � I'll 6 urz�
Steven R. McDonald, CPA
EiKiLL6omuNG LTD
CONSULTANTS AND CERTIFIED PUBLIC ACCOUNTANTS
December 31, 1997
To the Partners
Abdo, Abdo, & Eick
Dean R. AggCPA
Thomas L Sykes, CFA
Michael S.AltmagCPA
William j.Gravelle,CPA
We have reviewed the system of quality control for the accounting and auditing practice of
Abdo, Abdo, & Eick (the firm) in effect for the year ended April 30, 1996. Our review was
conducted in conformity_ with standards established by the Peer Review Board of the
American Institute of Certified Public Accountants (AICPA). We tested compliance with
the firm's quality control policies and procedures to the extent we considered appropriate.
These tests included a review of selected accounting and auditing engagements.
In performing our review, we have given consideration to the quality control standards
issued by the AICPA. Those standards indicate that a firm's system of quality control
should be appropriately comprehensive and suitably designed in relation to the firm's size,
organizational structure, operating policies and'the nature of its practice. They state that
variance in individual performance can affect the degree of compliance with a firm's quality
control system and, therefore, recognize that there may not be adherence to all policies
and procedures in every case.
In our opinion, the system of quality control for the accounting and auditing practice of
Abdo, Abdo, & Eick in effect for the year ended April 30, 1996, met the objectives of
quality control standards established by the AICPA and was being complied with during the
year then ended to provide the firm with reasonable assurance of conforming with
professional standards in the conduct of that practice.
600 Norwest Center - 230 West Superior Strect • Duluth. MN 558021953 • Phone 218.722.4705 • Fax 218.722.8589
Qmrlmiirt Avemir • rinnnrt VNI 557)0.1677 • Phnne 218.879.1503 • Fix 218.879.6240
AGENDA SECTION:
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
DEPARTMENT: MEETING DATE:
DEPARTMENT: PREPARED BY: MEETING DATE
8.Andrew MacArthur, City Attorney: EB Council 11/9/98
6:30PM
ITEM NUMBER:
ITEM DESCRIPTION:
8.1. Public Hearing on Assessments against described properties as follows:
NAME: PID #: AMOUNT:
A_ David C and Lorraine
H. Schroeder 118-800-141303 $325.63
Fees due for privately owned road converted to City Street (62ND ST:
B. Timothy E. Eckeren 118-500-333206 $335.41
C. Charles/KChad Lofgren 118-500-333204 $335.41
D. Theresa Gail Thell 118-500-333209 $335.41
8.2. Consider Dayton Sewer Service Contract
8.3. Any other legal business
BACKGROUND:
8.1. Attached is a Resolution Approving Assessments and Assessment Roll for the above from Andy
MacArthur. He will be at this meeting to conduct the Public Hearing and answer any questions. These
amounts owed are A. Unpaid Escrow on a CUP for an accessory building. B,C and D, are the amount
owed for the fees associated with 62ND ST NE. The Public Hearing is to be held and determination
made as to amounts to be added to the assessment rolls at Wright County.
8.2. Andy is preparing the information on Dayton Sewer Service Contract and should have it in your
boxes by Thursday for review for this Council Meeting.
8.3. Is for other legal issues that may arise
RECOMMENDATION:
This is for Council information and Approval where needed.
T 1
Elaine Beatty
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
(SPECIAL ASSESSMENT HEARING NOTICE)
TO: WHOM IT MAY CONCERN
Notice is hereby given that the City Council of the City of Otsego will meet in the City Council Chambers
at the City Hall, 8899 Nashua Avenue NE, Otsego, Minnesota at 6:30 PM on November 9, 1998 to
consider Special Assessments against the following properties for unpaid fees owed to the City for services
rendered upon request of the property owners, for which fees all listed property owners agreed in writing
to either pay or have assessed against the described properties as follows;
1) Fees due the City for a special request for a Conditional Use Permit to allow more
than one detached accessory building and over 2,000 square feet of accessory
space. PID 118-800-141303, Section 14, Range 24, Township 121 in the City of
Otsego, Wright County, MN initiated by David C and Lorraine H. Schroeder,
10790 95th Street NE, Otsego MN 55362. Amount owing is $325.63.
Fees due the City for a privately owned road converted to a City owned and maintained street of 62nd
Street located in Section 33, Range 23, Township 121 in the City of Otsego, Wright County, Minnesota
As was agreed, the legaLcosts were to be paid by the residents of 62nd Street. Residents owing $335.41
each as follows:
Timothy E. Eckeren, 14126 62nd Street NE, Otsego, PID 118-500-333206
Charles/Chad Lofgren, 14166 62nd Street NE, Otsego, PID 118-500-333204
Theresa Gail Thell, 14186 62nd Street NE, Otsego, PID 118-500-333209
Pursuant to Minnesota Statutes, Sections 429.011 to 429. 11, the property as listed above is proposed to be
assessed.
Such person as desire to be beard with reference to the proposed Special Assessment will be heard at this
meeting. A copy of the proposed assessment roll is available at Otsego City Hall and written and/or oral
objections will be accepted from any property owner. No appeal may be taken as to the amount of an
adopted assessment unless a written objection signed by the property owner is filed with the City Clerk
prior to the Hearing or presented to the presiding officer at the Hearing.
The Owner may appeal an assessment to State District Court pursuant to Minnesota Statutes 429.081 by
serving notice on the Mayor or City Clerk of the City within 30 days after the adoption of the assessment
and filing that notice with the District Court within (10) days after service on the Mayor or City Clerk.
Certain deferment procedures exist for some individuals as described in Minnesota Statutes, Chapter
435.193, Senior citizens or retired and disabled persons hardship special assessment deferral and 435.195,
termination of rights to deferred payment. The property owner has the right to prepay the entire
assessment without interest by the 15th of November, 1998. After that time interest will be added at a rate
to be determined.
Elaine Beatty, City Clerk/Zoning Admir�f�t`rator
Dated: October 12, 1998
Posted: October 12, 1998
Published: October 28, 1998 Elk River Star News
November 4, 1998 Elk River Star News
M
Michael C. Couri•
COURI & MACARTHUR
Andrew J. MacArthur
Aaarne)v at Law
Marcus W. Miller
705 Central Avenue East
PO Bax 369
Wsp t ansed in IlAwLy
St. Michael, MN 55376-0369
(612) 497-1930
(612) 497-2599 (FAX)
couriandmacanthurQpobox aom
November 4, 1998
Elaine Beatty
City of Otsego
8899 Nashau Avenue
Otsego, MN 55330
Re: Resolution Approving Assessments and Assessment Roll
Dear Elaine:
Please find enclosed the above -referenced documents for professional fees and
conversion of 62"d Street from a private road to a city street. These documents are for
council approval at the November 9 h city council meeting.
Please call me if you have any questions.
Sincerely,
1
i
t ew cArt -
Couri &t MacArthur
enclosures
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION ADOPTING ASSESSMENT
WHEREAS, pursuant to proper notice duly given as required by law, the city
council has met, heard and passed upon all objections to the proposed assessment
for professional fees and for the conversion of 62nd Street from privately owned
road to city street.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
OTSEGO, MINNESOTA:
1. Such proposed assessments, a copy of which is attached hereto and made a part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed professional fees or conversion of street in the
amount of the assessment levied against it
2. Such assessment shall be payable in equal annual installments extending over a
period of years, the first of the installments to be payable on or before the first
Monday in January 1999, and shall bear interest at the rate of percent
per annum from the date of the adoption of this assessment resolution to the
first installment shall be added interest on the entire assessment from the date
of this resolution until December 31, 19 . To each subsequent installment
when due shall be added interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the county auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the city treasurer,
except that no interest shall be charged if the entire assessment is paid within
30 days from the adoption of this resolution; and the property owner may, at
any time thereafter, pay to the city treasurer the entire amount of the
assessment remaining unpaid, with interest accrued to December 31 of the year
in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the next
succeeding year.
4. The city clerk shall forthwith transmit a certified duplicate of this assessment to
the county auditor to be extended on the property tax lists of the county. Such
assessments shall be collected and paid over in the same manner as other
municipal taxes.
Adopted by the council this day of , 1998
Larry Fournier, Mayor
Elaine Beatty, City Clerk
EXHIBIT A
Assessment Roll for the following:
1. Professional fees
Name
David C. Lorraine H. Schroder
PID# Amount
118-800-141303 $325.63
2. Conversion of 62nd Street from a private road to a city street
Name PID# Amount
Timothy E. Eckeren 118-500-333206 $335.41
Charles and K. Chad Lofgren 118-500-333204 $335.41
Theresa Gail Thell 118-500-333209 $335.41
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
NOTICE OF PUBLIC HEARING
(SPECIAL ASSESSMENT HEARING NOTICE)
TO: WHOM IT MAY CONCERN
Notice is hereby given that the City Council of the City of Otsego will meet in the City Council Cham
at the City Hall, 8899 Nashua Avenue NE, Otsego, Minnesota at 6:30 PM on November 9, 19
consider Special Assessments against the following properties for unpaid fees owed t ity for services
rendered upon request of the property owners, for which fees all listed pro pe ners agreed in writing
to either pay or have assessed against the described properties as foll
Fees due the City for a special re or a Conditional Use Permit to allow more I
hed acces uilding and over 2,000 square feet of accessory
space. PID 118- - n 14, Range 24, Township 121 in the City of
Reduced Amount paid Otsego t County, MN initiated by a rrame H. Schroeder,
11 19198 $273.12-------- 95th Street NE, Otsego MN 55362. Amount owing i Taken off Roll)
Fees due the City for a privately owned road converted to a City owned and maintained street of 62nd
Street located in Section 33, Range 23, Township 121 in the City of Otsego, Wright County, Minnesota-
As
innesotaAs was agreed, the legal costs were to be paid by the residents of 62nd Street. Residents owing $335.41
each as follows:
Timothy E. Eckeren, 14126 62nd Street NE, Otsego, PID 118-500-333206
Charles/Chad Lofgren, 14166 62nd Street NE, Otsego, PID 118-500-333204
Theresa Gail Thell, 14186 62nd Street NE, Otsego, PID 118-500-333209
Pursuant to Minnesota Statutes, Sections 429.011 to 429.11, the property as listed above is proposed to be
assessed.
Such person as desire to be heard with reference to the proposed Special Assessment will be heard at this
meeting. A copy of the proposed assessment roll is available at Otsego City Hall and written and/or oral
objections will be accepted from any property owner. No appeal may be taken as to the amount of an
adopted assessment unless a written objection signed by the property owner is filed with the City Clerk
prior to the Hearing or presented to the presiding officer at the Hearing.
The Owner may appeal an assessment to State District Court pursuant to Minnesota Statutes 429.081 by
serving notice on the Mayor or City Clerk of the City within 30 days after the adoption of the assessment
and filing that notice with the District Court within (10) days after service on the Mayor or City Clerk.
Certain deferment procedures exist for some individuals as described in Minnesota Statutes, Chapter
435.193, Senior citizens or retired and disabled persons hardship special assessment deferral and 435.195,
termination of rights to deferred payment. The property owner has the right to prepay the entire
assessment without interest by the 15th of November, 1998. After that time interest will be added at a rate
to be determined.
Elaine Beatty, City Clerk/Zoning Admi�rfrator
Dated: October 12, 1998
Posted: October 12, 1998
Published: October 28, 1998 Elk River Star News
November 4, 1998 Elk River Star News
• �e
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION ADOPTING ASSESSMENT
WHEREAS, pursuant to proper notice duly given as required by law, the city
council has met, heard and passed upon all objections to the proposed assessment
for professional fees and for the conversion of 62nd Street from privately owned
road to city street.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
OTSEGO, MINNESOTA:
1. Such proposed assessments, a copy of which is attached hereto and made a part
hereof, is hereby accepted and shall constitute the special assessment against
the lands named therein, and each tract of land therein included is hereby found
to be benefited by the proposed professional fees or conversion of street in the
amount of the assessment levied against it
2. Such assessment shall be payable in equal annual installments extending over a
period of years, the first of the installments to be payable on or before the first
Monday in January 1999, and shall bear interest at the rate of 7% percent
per annum from the date of the adoption of this assessment resolution to the
first installment shall be added interest on the entire assessment from the date
of this resolution until December 31, 1999 . To each subsequent installment
when due shall be added interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of
the assessment to the county auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the city treasurer,
except that no interest shall be charged if the entire assessment is paid within
30 days from the adoption of this resolution; and the property owner may, at
any time thereafter, pay to the city treasurer the entire amount of the
assessment remaining unpaid, with interest accrued to December 31 of the year
in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the next
succeeding year.
4. The city clerk shall forthwith transmit a certified duplicate of this assessment to
the county auditor to be extended on the property tax lists of the county. Such
assessments shall be collected and paid over in the same manner as other
municipal taxes.
Adopted by the council this 9th day of November , 1998
airy F2# er, Mayor
EXHIBIT A
CITY OF OTSEGO
Assessment Roll for the following:
1. Conversion of 62nd Street from a private road to a City street
Timothy E. Eckeren
Charles and K. Chad Lofgren
118-500-333206 $335.41
118-500-333204 $335.41
Theresa Gail Thell 118-500-333209 $335.41
CITY OF OTSEGO
REQUEST FOR COUNCIL ACTION
AGENDA SECTION: DEPARTMENT: MEETING DATE
9. Council Items: Elaine Beatty November 9, 1998
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB
9.2 Mike Robertson, City Administrator- Update:
A. Consider Personnel Policy (Cont. from 10/26/98 Agenda)
B. 85TH and Odean Accident Information
BACKGROUND:
A. A Memo from Mike Robertson along with a copy of the updated
personnel policy with changes underlined was in your last Agenda
packet. It was asked to be placed on this Agenda. Mike will be here to
explain and answer questions. The changes have been reviewed and
agreed with at the Administrative Sub -Committee.
B. Attached is a memo from Mike Robertson Re: 85TH and Odean
Accident Information. He will explain and answer and questions.
RECOb24ENDATION:
Review Personnel Policy Changes and Approve if you agree with the
changes. B. Is for Council information and any discussion.
Thanks �
Elaine
A
MEMO
Date: October 14, 1998
To: Mayor & Council
From: City Administrator Mike Robertson
Re: Proposed New Personnel Policy
I have enclosed a revised copy of the personnel
Policy. This policy has been reviewed and revised
per direction of the Council Administrative sub-
committee. It incorporates changes suggested by
the Committee, staff, and consultants.
This is for Council review and decision.
cc: City Staff
MEMO
Date: November 4, 1998
To: Mayor & Council
From: City Administrator Mike Robertson
Re: Accidents at 85th & Odean Ave
I have reviewed the accident reports of the Wright
County Sheriff's office and the Elk River Fire
Department regarding the 85th Street and Odean
Avenue intersection. There are 3 accidents listed
between January 1, 1997 and October 1, 1998. These
accidents occurred on April 17, 1997, September 27,
1998, and September 28, 1998.
Two of the accidents involved vehicles that were
eastbound on 85th Street who said that they didn't
see a vehic re on Odean and subsequently were
involved in an accident with them. The third
accident does not give such detail but notes that
it was a four vehicle accident with only minor
injuries.
CLAIMS LIST
CITY COUNCIL MEETING
NOVEMBER 9, 1998
TO: City Council
Attached are the Claims Lists for your consideration.
The grand total you are considering is as follows:
Batch 11-02-98 $ 36,856.20
Batch 11-09-98 $115,347.32
GRAND TOTAL $152,203.52
If you have any questions or if you would like to review this list further, please let me
know.
Judy Hudson
Deputy Clerk/Treasurer
!I)J 199'3 Claims List Page t
Tlu 1'1:44 ,?M CITY OF OTSEGO
Batch Dane 100198
ARL '':`!E HOLEY
AT&T
ATiT
ATJ
BEST DISPOSAL SERVICE
BF: - WOODLAKE SANITATION SER
BONESTRCO ROSENE ANDERLIK
SONESTR00 ROSENE ANDERLIK
30NESTROO ROSENE ANDERLIK
?OYER TRUCKS
^ILTy OF MONTiCELLO
,1
I., OF MONTICELLO
C1URI MACARTHUR LAi CFF:;;E
C,3UR: MACARTHUR LAW CFFiCE
COURT MACARTHUR LAW OFFICE
COURT MACARTHUR LAW OFFICE
COURI MACARTHUR LAW OFFICE
URI MACARTHUR LAW OFFICE
4I MACARTHUR LAW OFFICE
"I MACARTHUR LAW OFFICE
C,J.R: MACARTHUR LAW OFFICE
; 1JR: MACARTHUR LAW OFFICE
DE?!NIS FERN GRAVEL § EXCAVAT
"td'S BAKERY
OUERRS WATERCARE SERVICE
_CM PUBLISHERS INC
ECi PUBLISHERS INC
ECM PUBLISHERS INC
ECM PUBLISHERS INC
ECM PUBLISHERS INC
ECM PUBLISHERS IN
LE:T:ON SYSTEMS 4 SOFT;ARE
R:'iE? MU t: IPAL UTI'_1T:E3
_- It C' , TTI ?TILE'
r1 r.'1 _ MC1!.:i'AL 'Jl la.a11�J
E!,{ .11VF_R MiJNICI?AL UTILITIES
EL:{ R'4VER M!'; !:CIPAL 'UTILITIES
E_'< RII'iER MUti'.:-P:;L UTILITIES
_L RI'iER MUN IPAL UTILITIES
EL.{ RIVER L UTILITIES
R Vi E I"T:! ITIES
1VER E3
'I'iEF MUili::?.=! ;JT I'_:T:__5
cL RI'•1ER MUNL
nllE., MUI!v.aP,aL vi ala_J
Dept
Description
Administration
Heritage Preservation Comm
Culture and Rec (GENERAL)
Administration
Hwys, Streets, S Reads
Recycling
Recycling
Sanitary Sewer Construction
Sanitary Sewer Construction
Sanitary Sewer Construction
Hwys, Streats, 6 Roads
Fire Protection
Animal Control
Sanitary Siwsr Construction
Admiais t rat 1' n
Sanitary Sewer Construction
Sanitary Sewer Construction
Administration
Sanitary Sewer Construction
Adlainistration
Legal Services
Sanitary Sewer Construction
Administration
Hwys, Streets, & Roads
Adlainistration
Adaini3tration
Administration`
Administration
Culture and Rec (GENERAL)
Culture and Rec (GENERAL)
Administration
Str... _i;htiag
St1 lighting
SCI ... .iyhti -i'�
Str'.. _:yilti ry
SCI.et Light.a�
Street li;`Itiay
h1o::
!iglt",g
Street Li;htiay
;tract lighting
Comments
Month End Entries
Month End Entries
Month End Entries
Month End Entries
Month End Entries
Supplies for Hart Event
Warming House Phone Ser
City Hall Phone Service
Maint Shop Phone Service
November recycling
October recycling
General Eng Services
Revise EAW for MPCA
Design phosphorus removal
IH Truck parts
4th Qtr Fire Service
Animal Service - Sap:
Latin Condemanation
Apex
Oauphinais Condalmnativ!
Elk River Collision
Dayton Sewer Agreement
Precision Line CUP
Lin -Bar Estates
Gen legal for W1'd System
Long Haut
General Legal
Pond Pumphouse 11
Election supplies
Shop supplies
Otsego View outsert:
Otsego View printing
Legal Public Testing
Legal PH Boles
Advertising Haunted House
Advertising Haunted Hcuse
Election supP'ies
Ant.'.ope Plc Stret L :hts
Country Ride L:;hts
39 •4 Page Av !_:1;,,1,s!_:1;,,1,sa•.S
39 St Lipti
85th & Parris. SC Light..
F1a:.Czy
11ti.,: . � Rd 31
101
94th .1 Na��lUa it Li'j �::
Parrish & 838ti1 St
OH lights/42/P377i3
a
Transaction Batch
Amount Name
0.00
0.,00
0.00
0.00
0.00
17.83
12.60
113.06
12.10
100.00
317.50
6,436.01
415.00
3,950.00
61.54
1,645.00
198.00
258.10
263.50
866.50
586.50
1,118.00
25.50
42.50
229.50
314.50
3,534.00
990.00
30.58
41.85
95.68
285.20
21.22
33.01
93.50
59.00
15.61
�4. 4
46.7)
12.73
JL. J'
.i1
,3
a.J
33.5;
100198
100198
100198
14C198
100198
110998
110993
110990
110995
110998
110998
110998
110998
110998
110998
110938
110998
110995
110998
110998
110998
110998
110998
110998
110998
110998
110998
110998
110998
110998
110998
110998
110998
110998
110993
11099,
i:7998
i10993
1'^3
.•J t:
a1YY .1
110�98
,nnr
1 av'�•
1''J
393
113'39,
Claims List
V)v ..11j
�1TY OF OTSEuu
U 10:14 PM
Dept
Description Comments
.:� IIIER MUNiCiPAL JTIL`:TI
3I'lER T
< ♦v+ry� 'TIES
�cc�S INa�iRANCE CC
IS SET1
uR
_`-: TRUCK CENTER .NC
LENS TRUCK CENTER INC
E
., 'a
;G g SONS
,o, -1 S S. -INS
.ONG & SONS
.ONG 1 SONS
I.NNEGASCO
MINNEGASCO
MINNESOTA COPY SYSTEMS
MONTICEL'_0 ANIMAL CONTROL
N•ApA OF ELK RIVER INC
;IAPA OF ELK RIVER INC
{:a,?a OF Ei.K RIVER IN
i,c " K RIVER :NC
,{A A i,
NAPA OF ELK RIVER INC
{n;; ;c =I K RIVER iNC
NAf ELK RIVER INC
N„ -LK RIVER INC
NAS, ELK RIVER INC
NAF!; OF ELK RIVER INC
v;?A 1F ELK RIVER INC
N'&: LE MARTIN
{, T;1ERN 4YORaCLICS
.r
" cc' ASSOC CIN L, T AN!S
NOYTHWC3T ASSOC C0NSULT
'•'" T ASscc CONSULTANTS
NC^,,TEST ASSOC' CONSULTAATi
N0RTH'WEST ASSOC CONSULTANTS
NORTHWEST ASSN CONS•IITAN S
NORTHWEST ASSOC CONSULTANTS
NORTHWEST ASSOC CONSULTANTS
•IORTHWE.T ASSOC C,04SULTAN'i
{!;••<T;iWEST ASS�C CONSULTANTS
NORTHWESTAS:OC CO{SULTAN':S
P�,R:;;1ASE POWER
RA?ICY'S SANIT;,TiON
ROGER SEISSEL
;AXON MOTORS M
T ;'JE ;PH i E 01PNE`{T IN!:
SUPE:.1!rR LAWN 6 Ski;;{
�+.
t ;
�, jai.:,l'y
Hwy$, Str?ati, Roads
Genera. 'Iv •IL •�tili'�tn�f$ 039
ad:mt:itr3tiGn
Roads
na;13, street$, S Roads
4;!y:, Streets, 3 Roads
Gane-il Govt BuiLdings-8899
3ana;3'+ Govt Buildings -8899
General Govt Buildings -8899
General Govt Suildings-8899
General Govt Buildings -8899
General Govt Buildings -8899
Administration
Animal Control
4wys, Streets, it Roads
Hwys, Streats, 5 Roads
4wys, Strsats, S Roads
4wys, Streets, b Roads
Hwys, Streets, b Roads
Hwys, Streets, & Roads
Hwys, Streets, & Roads
Hwys, St -,eats, 6 Roads
Hwys, Streets, b Roads
4wys, Streets, 5 Roads
Streets, & Roads
Culture aad Rac (GENERAL,
Hwys, Street$, b Roads
Ada:;,_stratinn
Planner
Sanitary Sewer Construct:101,
Sanitary Sewer Construction
.:y 3i
Haat Shop
old City
He',,,
�i 3n ner
11111e r
Planner
Adrainistratioa
Gane,il Govt Buildings -8899
Adainistr3t
8w."3,Straets, Roads
kiwis, Streets, i Rc3ds
.� _nforcemant
=ar „ Maintenaaea
H+!,., Streets, :ads
S31E:3rJ Sewer
.attara and Rec
IH Truck P arts
.
,,.,. _
y/. F'�r 1 � ruc;x Par,
�
IH Truck Parts
October Cleaning
Cleaning Supplies
Community Room Cleaning
Tax on Cleaning Service
Oct Service
Shop service
Copies rent3i
October services
Pickup parts
Case Tractor Parts
Miscellaneous parts
Ford Truck Parts
Miscell parts
Pickup Parts
1981 Truck parts
Miscell parts
Grader parts
Miscell Parts
IH Truck parts
Haunted House Supplies
Miscell parts
Knutson CUP
ER Collision CUP
Amann CUP
prac;slon Line Clip
Boles CUP
Mild 6 Scenic
Wastewater Treatment
Wastawater Triataant
Toning ORd Update
General Piinn43
Neatings
Postage
October recycling
Escrow Refund
Pickup parts
Parts
.;;gren case
October lawn Car a
»;scall part
Oabt Sarvi:e pal,da�,:
Wdr�liny' HoUsi phone
Page _
Transaction Batch
Amount Name
••�� 'c "�9'�8
bo .58 1':0993
45.34 '•''
,.n8
90;
135.x.!: l:v
198
I-V ./i 11L
49.25 I:093
74.14 11i9a8
370.00 1'_0993
41.99 11011$
104.00 110"98
33.54 110998
150.26 110998
60.15 116998
452.80 110998
60.00 110998
0.79 110998
26.37 110998
13.59 110993
85.61 110998
14.19 110998
18.43 110998
11.07 113c98
67.96110993
1.16 110998
39.63 113993
26.9
29.01 110943
139.5•'_
19.00 110998
323.501+•. ='i
95.65 1109^-3
10?.05 110°9c
194.50 110998
420.20 110998
177.95 110993
362.77 110993
'341,In"Ic
405.11 1111993
950.010 110998
515.00 il?'°5
261..15 110993
;,000 .r0 1109?3
34?.16 110993
,lea}
4 .:0 11:'398
110+93
i�.i'/ llv�Tr3
r
.f
r
j %;114 1 »i
Thu 10:14 PM
Dept
Description
Claims List
CITY OF OTSEGO
8at.n lane 11998
'S BEST COMMUNICATIONS Administration
US WEST COMMUNICATIONS Hwys, Streets, S Roads
WRIIHT COUNTY AUDITOR-TRE.ISURE Poli -:9 -Contracted
WRGiT COUNTY HIGHWAY DE?T Hw;ls, Streets, S Roads
WRIGHT-HENNEPIN CC -OP ELECTRIC Streit Lighting
WRIGHT-HENNEPIN CO-OP EL_CTR:C Strait Lighting
WRIGHT-HENNEr^IN CO-OP :!=GYRI. St''.t Lighting
WR:3HT-HENNEPIN CO-OP EL:CTR Ii. Street Lighting
WRIGHT-HENNEPIN CO-OP EL=.TRIC dater Utilities (GENERAL)
WRIGHT-HENNEPIN CO-OP ELECTRIC Shed S Other Buildings
WR13HT-HENNEPIN CO-OP ELECTRIC General Govt Buildings -8899
WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting
WRIGHT-HENNEPIN CC -CP ELECTRIC Street Lighting
WRI;;iT-HENNEPIN CO-OP ELECTRIC Street Lighting
05HT-HENNEPIN CO-OP 76! =GYRI% Street Lighting
WRIG87-HENNEPIN CO -^P E:_CTRi: Street Lighting
WRIGHT-HENNEPIN CO-OP ELECTRIC Street Lighting
:i?:GH7-HENNEPIN CO-OP ELECTRIC Str. aet Lighting
WRI„'T-HENNE?IN ;0 -OP __E:'RIC St.ee. Lighting
'I(�rrnr C yL�td CO -OP
V • i i^ PO -O- , '1 : _Q':Q.
ill �U LNI.L• 11. cN 0? L__' -TR 1, av�Ir� aI Govt B1iL44 ngS vv.:
WRIGHT-HENNE?IN CO-OP ELECTRIC Straet Lighting
"RIGHT-HENNE?IN CO-OP ELECTRIC Street Lighting
;GHT-HENNEPIN CO-OP EL_CTRIC St -eat Lighting
.11IGHT-HENNEPIN CO-OP ELECTRIC Street Lighting
WRIGHT-HENNE?IN CO-OP ELECTRIC Streat Lighti-ig
WRIGHT-HENNEPIN CO-OP ELECTRIC Straet Lighting
WRIGHT-HENNE91N CO-OP ELECTRIC Sere?: L'ghting
WRIGHT-HENNE?IN CO-OP E'_:.'RIC St -Eat Lighting
WRIGHT-1EN4E?:N CO-OP ELECTRIC Stra:t Lighting
WRIGHT-HENNE IN CO-OP ELECTRIC Streat Lighting
Comments
Page )
Transaction Batch
Amount Name
City Hall phone
350.03
110998
Maine Shop phone
64.01
11^M
November services
8,550.SC
110998
Signs & supplies
156.95
110025
Rolling Ridge Creek
11.82
111:9'38
Rolling Ridce Creek
11.32
110938
Street Light
7.99
11998
Streat Li:y"t
11.82
110293
Otsego Well
55.03
110998
City Hall Shed
26.11
110998
Otsego City Hall
7.08
110998
Parell Ave Street Light
7.08
111998
8336 Parell Ave Light
7.08
110998
3336 NE 83 Cul da Sac
7.08
110998
p3lacren Street Light
7.08
110998
3496 Pirelli St Light
7.99
110998
;na I Light
11-1.00
110998
.gran Ave Street Ligh:
_1.82
110;93
Ogren Ave Street Light
11.32
11093
;:Sego City Hall
685.311
110998
Quaday & 42nd/sirent
22.63
110998
Cty 37 & Odean West
7.99
110998
Odean & 37 East side
7.99
110998
72nd St Odean
11.82
110998
8498 Palmgren Light
7.99
110998
7051 ODell Circle
11.82
110998
Ogren/71st Street Light
11.82
110998
14690 72st Street Li91t
11.82
110998
14576 72nd Street Light
11.82
110998
14728 72nd Street Light
11.32
110998
Grand Total 115,3417.32
V3; :::i
Claims List
Uji
Tu? o:1S AM
C17? OF O'iEl
Dept
Transaction
Batch
Name
Description
Comments
Amount
Name
CA Mane :Hj1 ,
M9nth End Ent -,i.,.
Month End Entrias
OAA
I H 0
Month End Entries
..00
100193
Month End Entries
0.00
1001?8
Administration
Month End Entries
0.00
100198
ADVANCED MASONARY INC
Administration
Let of Credit/Escrow Re`
3:,59 .'S
110298
ELA'X _U7TY
Reimbursement/medical
31.00
liC.98
JERRY OLSON
Building Inspections
October services
4,947.15
110298
t! aw =—iftepmEos#4E----.
err—
ieefew .".ekfid7r=r+r=
;;;; 1. r�
THE OLDS MAIN EATERY
Admiiistration
Election Judges Meals
'.34._9
11'<93
Grand Total KENN&
36,856.20
Date: October 14, 1998
To: Mayor & Council
From: City Administrator Mike Robertson
Re: Proposed New Personnel Policy
I have enclosed a revised copy of the personnel
Policy. This policy has been reviewed and revised
per direction of the Council Administrative sub-
committee. It incorporates changes suggested by
the Committee, staff, and consultants.
This is for Council review and decision.
cc: City Staff
CITY
OF
OTSEGO
PERSONNEL
POLICY
Adopted: June 27, 1994
Effective as of: July 1, 1994
THE POLICIES ARE NOT TERMS AND SHALL NOT BE REGARDED AS OR
CONSTRUED AS CONTRACTUAL PROVISIONS. AS GUIDES, THE
PROVISIONS MAY BE CHANGED AT ANY TIME BY A MAJORITY VOTE OF
THE CITY COUNCIL. THE PROVISIONS SHALL NOT BE INTERPRETED AS
CREATING ANYTHING OTHER THAN AN AT WILL EMPLOYMENT
SETTING WHEREIN THE EMPLOYEE MAY TERMINATE HIS/HER
EMPLOYMENT AT ANY TIME FOR ANY REASON AND THE CITY MAY
TERMINATE THE EMPLOYEE AT ANY TIME FOR ANY REASON.
INDEX
ISECTION TITLE PAGE I
ADMINISTRATIVE ORGANIZATION
SECTION 1-1 Purpose.............................................................................. 1
SECTION 1-2 Intention of City Regarding Policies and Employment......... 1
1-2.1 Statement.......................................................................... 1
1-2.2 Purpose............................................................................ 1
SECTION 1-3 City Council Responsibilities............................................... 1
1-3.1 Statement........................................................................... 1
SECTION 1-4 Duration of Employment..................................................... 2
1-4.1 Statement........................................................................... 2
SECTION 1-5 Applicability....................................................................... 2
1-5.1 Regular and Probationary positions .................................... 2
1-5.2 Elected Officials, Professionals, Contract Employees,
Building Inspector, Commissions ....................................... 2
1-5.3 Joint Powers Agreement ................................................... 2
SECTION 1-6
Definitions......................................................................... 2
1-6.1
Purpose............................................................................. 2
1-6.2
Regular Full Time Position ................................................. 2
1-6.3
Regular Part Time Position ................................................. 2
1-6.4
Temporary Position............................................................ 2
SECTION 1-7 Provisions Superseded in Certain Cases .............................. 3
1-7.1 Statement........................................................................... 3
SECTION 1-8 Compensation.................................................................... 3
1-8.1 Amount.............................................................................. 3
1-8.2 MN State., 179A.25........................................................... 3
1-8.3 Temporary and part-time employees ................................... 3
1-8.4 Federal Fair Labor Standards ............................................. 3
1-8.5 Paydays............................................................................. 3
1-8.6 Work Hours........................................................................ 3
I
SECTION TITLE PAGE
PROBATION
SECTION 2-1 Probationary Periods............................................................4
2-1.1 Objective............................................................................. 4
2-1.2 Duration.............................................................................. 4
EMPLOYEE BENEFITS
SECTION 3-1 Eligibility for Employee Benefits .......................................... 5
SECTION 3-2
Annual Leave................................................................... 5
3-2.1
Statement.......................................................................... 5
3-2.2
Schedule........................................................................... 5
3-2.2a
Classification..................................................................... 5
3-2.3
Administration....................................................................5
3-2.4
Short Term Disability Insurance ....................................... 6
3-2.5
Short Term Disability Insurance Statement ......................... 6
3-2.6
Administration of Annual Leave...........................................6
SECTION 3-3 Holidays........................................................................... 6
3-3.1 Official Holidays................................................................. 6
3-3.2 Floating Holiday................................................................. 7
3-3.3 Administration of Holiday Leave ......................................... 7
SECTION 3-4 Emergency/Funeral Leave ................................................... 7
3-4.1 Statement........................................................................... 7
3-4.2 Immediate family members definition .................................. 7
3-4.3 Length of leave.................................................................... 7
SECTION 3-5 Military Leave..................................................................... 8
3-5.1 Statement............................................................................8
3-5.2 Authorized leave.................................................................. 8
SECTION 3-6 Jury Duty............................................................................8
3-6.1 Authorized Leave................................................................ 8
3-6.2 Pay..................................................................................... 8
II
SECTION TITLE PAGE
SECTION 3-7 Leave of Absence without Pay ............................................ 9
3-7.1 Authorized Leaves of Absence ............................................ 9
3-7.2 Unauthorized leaves of Absence .......................................... 9
3-7.3 Benefits and pay.................................................................. 9
SECTION 3-8 Insurance............................................................................9
3-8.1 Statement............................................................................9
SECTION 3-9 Deferred Compensation....................................................... 9
3-9.1 Statement............................................................................9
SECTION 3-10 Flexible Benefit Plan............................................................ 9
3-10.1 Statement........................................................................... 9
EMPLOYEE RESPONSIBILITY
SECTION 4-1 Responsibilities of City Employees.......................................10
4-1.1 Statement........................................................................... 10
4-1.2 Responsibilities................................................................... 10
SECTION 4-2
Sexual Harassment.............................................................
11
4-2.1
Purpose..............................................................................
11
4-2.2
Policy.................................................................................
11
4-2.3
Statement............................................................................11
4-2.4
Apply Policy.......................................................................
11
4-2.5
Definition..........................................................................
11
4-2.6
Behavioral..........................................................................
11
4-2.7
Reporting Process..............................................................
11
4-2.8
Investigation......................................................................
12
SECTION 4-3 Discipline............................................................................12
4-3.1 Statement............................................................................12
SECTION 4-4 Reports of Disciplinary Action ............................................. 12
4-4.1 Statement............................................................................12
RETIREMENT BENEFITS
SECTION 5-1 Public Employees' Retirement Association ........................... 14
5-1.1 PERA, Deductions...............................................................14
5-1.2 Social Security....................................................................14
III
SECTION TITLE PAGE
GENERAL PERSONNEL POLICY PROVISIONS
SECTION 6-1 Report of Personnel Changes .............................................. 13
6-1.1 Statement........................................................................... 13
SECTION 6-2 Conflict of Interest............................................................. 13
6-2.1 Statement.......................................................................... 13
SECTION 6-3 Child Support or Spousal Maintenance .............................. 13
6-3.1 Statement........................................................................... 13
SECTION 6-4 Receipt or Solicitation of Gifts.............................................14
6-4.1 Statement........................................................................... 14
6-4.2 Unlawful acts...................................................................... 14
6-4.3 Rendering of consideration.................................................. 14
6-4.4 Discrimination.....................................................................14
SECTION 6-5 Workers Compensation...................................................... 14
6-5.1 Elected Officials and appointed officers ............................... 14
6-5.2 Exposure to hazardous substances ...................................... 14
SECTION 7-1 Whistleblowers.................................................................. 15
7-1.1 Statement.......................................................................... 15
SECTION 8-1 Notice of Reasons for Termination's .................................... 15
8-1.1 Involuntarily termination......................................................15
8-1.2 Communication of statement ............................................... 15
SECTION 9-1 Drug Free Workplace......................................................... 16
9-1.1 Statement........................................................................... 16
IV
ADMINISTRATIVE ORGANIZATION
SECTION 1-1 PURPOSE
It is the purpose of this personnel manual to establish a uniform and equitable
system of personnel administration for employees of the City of Otsego. It is the policy of
the City of Otsego not to discriminate in employment matters on the basis of race, creed,
color, age, marital status, national origin, sex, status with regard to public assistance, or
disability.
SECTION 1-2 INTENTION OF CITY REGARDING POLICIES AND
EMPLOYMENT
Sec. 1-2.1 The foregoing policies are unilaterally created and implemented by the
City and are intended to serve only as guides for employment. THE POLICIES ARE
NOT TERMS AND SHALL NOT BE REGARDED AS OR CONSTRUED AS
CONTRACTUAL PROVISIONS. AS GUIDES, THE PROVISIONS MAY BE
CHANGED AT ANY TIME BY A MAJORITY VOTE OF THE CITY COUNCIL.
THE PROVISIONS SHALL NOT BE INTERPRETED AS CREATING
ANYTHING OTHER THAN AN AT WILL EMPLOYMENT SETTING,
WHEREIN THE EMPLOYEE MAY TERMINATE HIS/HER EMPLOYMENT AT
ANY TIME FOR ANY REASON AND THE CITY MAY TERMINATE THE
EMPLOYEE AT ANY TIME FOR ANY REASON.
Sec. 1-2.2 This booklet is not a contract but is intended solely to give eligible
employees a short description of the working conditions at this place of employment. If at
any time there should be a conflict between a description in this booklet and a labor
contract, personnel policy, or both, the terms of the actual contract or personnel policy
will govern in all cases. Personnel policies are applied at the discretion of management
and may be withdrawn, applied, or amended at any time.
SECTION 1-3 CITY COUNCIL RESPONSIBILITIES
Sec. 1-3.1 The City Council shall in accordance with it's statutory responsibility to
manage the City, be responsible for the maintenance and periodic revision of personnel
policy and the City's personnel program.
1
SECTION 1-4 DURATION OF EMPLOYMENT
Sec. 1-4.1 After an employee has successfully completed the probationary period
after hire or promotion as indicated by a satisfactory performance evaluation, and as
approved by the City Council, they shall be designated as a regular employee. Such
designation shall be employed to differentiate between these employees and probationary
or other employee classifications. The term 'regular' shall not be used to define duration of
employment with the City. Employment shall remain at will and may be terminated by
either the City or the employee at any time for any reason.
SECTION 1-5 APPLICABILITY
Sec. 1-5.1 Only individuals occupying positions designated as "regular" or
"probationary" full time by the City Council shall be covered by the provisions of this
policy. Specifically excluded are temporary, seasonal, volunteer or paid on call positions.
"Regular" and "probationary" part time positions designated as such by the City Council
shall be extended the provisions or this personnel policy only when the provision expressly
indicates that it applies to such employees.
Sec. 1-5.2 Elected officials, professionals, contract employees (building
inspector), members of appointed City boards, commissions, and committees, volunteer
personnel, and emergency employees are all not within the scope of this Personnel Policy.
Sec. 1-5.3 Any individual receiving wages and benefits from the City pursuant to
a Joint Powers Agreement between the City and other political subdivision are not within
the scope of this personnel policy, but are, rather, subject to those policies of the Joint
Powers entity.
SECTION 1-6 DEFINITIONS
Sec. 1-6.1 For policy purposes, the following terms shall have the meanings given
herein:
Sec. 1-6.2 "Regular Full Time Position" means a group of duties and
responsibilities requiring the employment of a person for at least forty (40) hours per week
each week throughout the year and from year to year and which have been defined as
regular full time by the City Council.
Sec. 1-6.3 "Regular Part-time Position" means a group of duties and
responsibilities requiring the part-time employment of one person for a least fourteen (14)
but less than forty (40) hours per week throughout the year, from year to year, and which
have been defined as regular part-time by the City Council.
Sec. 1-6.4 "Temporary Position" means a group of duties and responsibilities
requiring the temporary or seasonal employment of one person without regard to the
number of hours worked per day or per week by the individual.
2
SECTION 1-7 PROVISIONS SUPERSEDED IN CERTAIN CASES
Sec. 1-7.1 No provision of this Policy is intended to violate, supersede, or conflict
with any applicable Constitution, statute or regulation, whether state or federal, or any
provision of a collective bargaining agreement in effect between the City and any of its
employees, and to the extent of any such violation the offending provision of this Policy
shall be void, but all remaining provisions of this Policy shall remain in effect.
SECTION 1-8 COMPENSATION
Sec. 1-8.1 Amount. Employees of the city shall be compensated according the
schedule established by the city council. Any wage or salary so established is the total
remuneration for employment, but shall not be considered as reimbursement for official
travel or other expenses which may be allowed for the conduct of official business. Unless
approved by the council, no employee shall receive pay from the city in addition to the
salary authorized for the position to which he or she has been appointed.
Sec. 1-8.2 Subject to MN Stat., 179A.25 but notwithstanding any other law to the
contrary, the city shall, by August 1, 1991, establish equitable compensation relationships
as prescribed by MN Stat. 471.991 to 471.999. Thereafter compensation of each class of
city positions shall be fixed in compliance with the provisions of those statutes.
Sec. 1-8.3 Temporary and part-time employees. Temporary employees are not
entitled to sick leave, vacation leave, or holidays with pay.
Sec. 1-8.4 Employees to whom the Federal Fair Labor Standards Act applies shall
be compensated for overtime work at one and one-half times their regular rate of pay.
Compensatory time off shall be taken as approved by the department head for periods of
not less than €ettr one half hour at a time. Employees may accumulate up to 249 44 hours
per calendar year of compensatory time. Hours of compensatory time not taken by
December 31 shall be lost.
Sec. 1-8.5 Paydays. Employees shall be paid wee� him on Flays
Wednesdays. When a pay day falls on a holiday, employees shall receive their pay the
preceding work day.
Sec. 1-8.6 Work hours. Work schedules for personnel shall be established by the
appropriate department head with the approval of the council. The regular work week for
Administrative employees is five eight h four ten-hour working days in addition
including a lunch period, Monday through Friday Thursday, except as otherwise
established by the department head in accordance with custom and needs of the
department. The regular work week for Public Works employees is five eight-hour
working days in addition to a lunch period. Monday through Friday. except as otherwise
established by the department head in accordance with custom and needs of the.
department.
3
SECTION 2-1 PROBATIONARY PERIODS
Sec. 2-1.1 Objective: The probationary or working test period shall be regarded
as an integral part of the selection process and shall be utilized by supervisors for closely
observing the employee's work. Performance, skills and ability demonstrated during the
probationary period shall be evaluated by the supervisor to recommend or deny regular
appointment.
Sec. 2-1.2 Duration: Every person appointed to a position, including promotional
positions, shall be required to successfully complete a working test or probationary period.
The probationary period shall be a minimum of six (6) months which may be extended in
certain circumstances to enable the immediate supervisor to observe the employees' ability
to perform the duties of the position. The probationary period shall begin immediately
upon appointment and shall normally continue for the period established .
4
EMPLOYEE BENEFITS
SECTION 3-1 ELIGIBILITY FOR EMPLOYEE BENEFITS
Sec. 3-1.1 Employee benefits mentioned in this section apply only to those
employees hired for regular full time positions and specifically exclude seasonal, contract,
part-time, temporary, paid on call, or volunteer employees, except when such groups are
expressly included by the provisions of this policy. Regular employees who are hired for
positions requiring less than full time may be granted certain employee benefits
enumerated in this policy as determined by the City Council, provided that the granting of
such benefits shall be based on a ratio of the employee's actual working hours as compared
to a full time position of two thousand eighty (2080) hours per year.
Y e 1►:
I 10"m AN
Sec. 3-2.1
See. 3 2.2 Aannttal leave Vacation will accrue according to the following schedule
for regular full-time employees:
COMPLETED YEARS
OF EMPLOYMENT
0 through 1 year
2 through 5 years
Over 5 years
12 year
13 yearss
-1''s
15 years or ere
Sec. 3-2.2a Aa-ffittal Vacation and Personal Leave will be classified as follows:
A. Planned leave which is scheduled in advance with departmental
approval.
B. Emergency leave which requires notification of the supervisors
within one hour of the beginning of the employee's scheduled working
day if the employee is not at work when the emergency occurs.
Sec. 3-2.3 Aimttal leave Vacation and Personal Leave must be taken in the
calendar year in which it is accrued. Amy earry ever of ttnttsed annttal leave must
approved in advaneed by the City Gotine . Employees may carry over up to 40 hours of
vacation per year There shall he no carry over of Personal Leave.
5
Sec. 3-2.4 The City will provide short term disability (STD) insurance for each
employee when �-e�has they have successfully completed the probationary period. The
coverage pays weekly benefits beginning on the first day of disability caused by an injury
or the eighth day of disability resulting from sickness, for up to 26 weeks. The benefit
equals two-thirds of the employee's weekly wage, up to a minimum of $100.00, $200.00
or $300.00.
Sec. 3-2.5 An employee receiving payments under the City's STD insurance plan
will not accrue annual lean Vacation or Personal Leave.
Sec. 3-2.6 Administration of Annu Vacation and Personal Leave. The following
procedures shall be followed in administering amtt Vacation and Personal Leave for
regular full time and regular part time employees.
Sec. 3-2.6.1 Employees may not use amu Vacation and Personal Leave in
excess of the amount they have accrued.
Sec. 3-2.6.2 Amtt Vacation and Personal .eav . cannot be transferred from one
employee to another.
Sec. 3-2.6.3 Amnual Vacation and Personal Leave shall accrue during the
probationary period. ural Vacation and Personal Leave shall not be available for use
until after successful completion of the probationary period.
Sec. 3-2.6.4 Aa-mtt Vacation and Personal Leave shall not be earned by an
employee during leaves of absence without pay.
Sec. 3-2.6.5 Supervisors shall establish procedures for scheduling leaves over as
long a period as possible, giving consideration to the needs of the City services and the
ability of the remaining staff to perform work responsibilities.
Sec. 3-2.6.6 Amnttal Vacation and Personal Leave shall normally be scheduled in
periods of one week (40 hours), but in no case less than periods of 1/2 hour. day fst
hours.hours), or in the ease of 10 hattr per day shifts, 5
SECTION 3-3 HOLIDAYS
Sec. 3-3.1 The City observes the following to be official holidays for regular and
probationary full time City employees;
New Year's Day (January 1st)
Martin Luther King, Jr.'s Birthday (3rd Monday in January)
Presidents Day ( Third Monday in February)
Memorial Day (Last Monday in May)
Independence Day (July 4th)
Labor Day ( First Monday in September)
Veteran's Day (November l lth)
Thanksgiving Holiday (Fourth Thursday in November)
Christmas Day ( December 25th)
6
Sec. 3-3.2 Holiday Leave- All regular full time employees will be eligible to
receive one day or eight (8) (currently eight hours for Public Works employees_n� d ten
hours for Administrative st ff) hours of holiday leave, to be known as a floating holiday,
which shall be taken at a time mutually agreed upon by the Employee, and City Clerk their
rvisor. A floating holiday shall not be scheduled on the same day as another holiday.
A floating holiday must be used the year received or it will be lost.
Sec. 3-3.3 Holiday leave shall be administered according to the following.
A. All official holidays shall be considered to commence at the beginning
of the first shift on the day on which the holiday is observed and continue
for twenty four (24) consecutive hours thereafter.
B. Regular and probationary full time employees will be entitled to receive
pay for official holidays at their regular straight time pay provided they
worked the department's last regular shift to which they were assigned
following the holiday or are on an approved vacation leave or floating
holiday.
C. Employees who are required to work on a holiday recognized by the
City shall receive overtime pay in addition to their normal holiday pay
depending upon their eligibility as determined by the City Council.
D. When a holiday falls upon a Saturday, the preceding Friday shall be
observed as the holiday. When a holiday falls upon a Sunday, the following
Monday shall be observed as the holiday. Under current policy,
Administrative staff will not receive compensation or holiday leave for any holiday that
falls on Friday or Saturday because hos . are already days off.
SECTION 3-4 EMERGENCY/FUNERAL LEAVE
Sec. 3-4.1 Emergency/funeral leave may be granted to regular full time City
employees by the employee's immediate supervisor. To be eligible for emergency/funeral
leave an employee must furnish adequate proof that a death has occurred within the
employee's immediate family or that a member of the immediate family suffers from a
debilitating personal illness or accidental bodily injury such that his/her physical care
required the continuous presence of the employee.
Sec. 3-4.2 The term "Immediate family" shall include spouse, mother, father,
brother, sister of the employee, or grandmother or grandfather of the employee or spouse,
mother-in-law or father-in-law. Relatives of the employee other than those above listed
shall not be considered members of the immediate family for the purposes of this policy,
except that an employee may receive funeral leave benefits in the event of the death of
his/her child.
Sec. 3-4.3 Paid emergency/funeral leave may be granted for one or two work days
where the supervisor concludes such leave is warranted.
7
SECTION 3-5. MILITARY LEAVE
Sec. 3-5.1 The reinstatement of rights of any employee who entered the military
service of the United States by reason of a Law enacted by Congress or who voluntarily
enlisted during the effective period of such law shall be determined in accordance with
the provisions of the law granting such rights.
Sec. 3-5.2 Employees who are members with active status with an armed forces
reserve unit shall be granted military leave when called to authorized training or active
service. Such an employee shall receive a maximum of fifteen (15) days leave in any
calendar year which may be allowed provided that the employee appropriately requests
such leave in writing accompanied with a copy of the official written orders; returns to
City employment immediately following such authorized leave and immediately submits
verification of all military pay received to the immediate supervisor. Employees
authorized military leave shall receive the difference between their normal salary and
military pay for the approved period. While on such authorized leave, employees shall not
lose seniority status or benefits normally accorded them as a City employee.
SECTION 3-6 JURY DUTY LEAVE
Sec. 3-6.1 Full time employees shall be granted paid leaves of absence for
required jury duty provided that such duty does not exceed fifteen (15) days in any one
calendar year. Employees shall receive that portion of their regular straight time pay
which will, together with their jury pay, equal their total compensation for the same
period. The time spent on jury duty shall not be counted as time in computing overtime.
Employees excused or release from jury duty during their regular working hours shall
report to their supervisors immediately thereafter.
Sec. 3-6.2 Employees shall notify their supervisor as soon as possible after
receiving notice to report for jury duty. The employee will be responsible for ensuring
that a report of jury duty and pay form is completed by the clerk of the court each week so
that City will be able to determine the amount of compensation due for the period
involved.
91
SECTION 3-7 LEAVE OF ABSENCE WITHOUT PAY
Sec. 3-7.1 Supervisors may, giving consideration to the needs of the City and the
ability of the remaining staff to accomplish work responsibilities, authorize regular
employees to be absent without pay for personal reasons for a period or periods not to
exceed a total of ten (10) working days in any calendar year. Requests for leave of
absence without pay in excess of ten (10) days in a calendar year must be submitted to and
approved in advance by the City Council. Employees shall request such leaves of absence
without pay in writing in advance of the date so desired indicating the reason(s) for
absence, the specific absence period and anticipated date of return to work.
Sec. 3-7.2 Leaves of absence will not be given for the purpose of enabling any
employee to work for another employer or to engage in any form of self-employment.
Any employee who obtains a leave of absence by misrepresenting the purpose therefore
shall be discharged.
Sec. 3-7.3 While on approved leave of absence without pay exceeding ten
consecutive working days, an employee will not receive city contributions to city
sponsored insurance(s) in which he/she is a member or be eligible to accrue vacation or
holiday pay. Nor will the time on leave of absence without pay be considered for purposes
of calculating time in active service where the period exceeds ten consecutive working
days.
SECTION 3-8 INSURANCE
Sec. 3-8.1 Benefits under City authorized insurance programs are governed by the
terms and condition of the respective insurance policies, administrative interpretations
thereof, and administrative procedures established unilaterally by the City. The City
Council may authorize the participation of regular part time employees in these programs.
SECTION 3-9 DEFERRED COMPENSATION
Sec. 3-9.1 Deferred compensation plans, which defer a portion of the employee's
income for retirement purpose and shelters such deferred amounts from state and federal
taxes, may be made available to all regular full time City employees.
SECTION 3-10 FLEXIBLE BENEFIT PLAN
Sec. 3-10.1 A flexible benefit plan which allows an employee to set aside pre-tax
income for deductible medical and child care expenses may be made available to all regular
full time City employees.
G�
EMPLOYEE RESPONSIBILITY
SECTION 4-1 RESPONSIBILITIES OF CITY EMPLOYEES
Sec. 4-1.1 Efficient and effective delivery of municipal services required active
effort and cooperation between City employees and the general public. It is particularly
important that all work undertaken by City employees be accomplished expeditiously,
efficiently and economically. To reach this goal, the establishment of rules for employee
conduct and responsibility are required.
Sec. 4-1.2 It shall be the responsibility of all employees to:
A. Perform their assigned duties and responsibilities to the best of their ability
at all times, and to continually strive to improve their performance.
B. Render prompt, friendly and courteous service to the public at all times.
C. Read, understand and comply with the rules and regulations as set forth in the
personnel policy, administrative regulations and departmental rules.
D. Conduct themselves with decorum and respond to inquires and information
with patience and every possible courtesy.
E. Report all unsafe conditions to their supervisor, report all injuries to their
supervisor and file the appropriate accident or injury related reports immediately.
F. Recommend ideas for improving City services or methods of achieving greater
efficiency or economy.
10
SECTION 4-2 SEXUAL HARASSMENT
Sec. 4-2.1 PURPOSE: It is the City of Otsego's policy that the work force
environment and the City's employees will be free of sexual harassment and that all
individuals will be treated with respect.
Sec. 4-2.2 POLICY: The City's policy is that:
Sec. 4-2.3 Sexual harassment of employees is prohibited.
Sec. 4-2.4 This policy will apply to all officials and employees of the City of
Otsego.
Sec. 4-2.5 Sexual harassment includes, but is not limited to, unwelcome sexual
advances, requests for sexual favors, sexually motivated physical contact, and other
verbal, visual or physical conduct of a sexual nature when:
(a) Submission to such conduct is made either implicitly or explicitly a term or
condition of an individual's employment:
(b) Submission to or rejection of such conduct by an individual is used as a basis
for an employment decision affecting that individual's employment:
(c) Such conduct has a purpose or effect of substantially interfering with an
individual's work performance of creating an intimidating, hostile, or offensive working
environment.
Sec. 4-2.6 Behavior which may constitute sexual harassment includes, but is not
limited to:
(a) Verbal harassment (e.g., epithets, derogatory remarks, or slurs):
(b) Physical harassment (e.g., touching, gestures, assault, impeding or blocking
movement, or any physical interferes with normal work or movement);
(c) Visual forms of harassment (derogatory posters, letters, poems, graffiti,
cartoons, or drawings); and
(d) Requests for sexual favors or unwelcome sexual advances.
Sec. 4-2.7 Any employee who feels he or she is being subjected to sexual
harassment in any form, or who believes he or she has witnessed sexual harassment in any
form, must contact his or her supervisor, the Department Head or City Council
immediately. If allegations are brought against a supervisor or department head, such
allegations are to be brought directly to the City Council. If allegations are made against
any elected official they shall be brought to the City Council through the Mayor or a
member of the Council who is not the subject of said allegations. All supervisors are
required to report immediately any allegation to the Department Head, and City Council.
Only persons with a need to know of the allegation or its resolution will be made aware of
the issue.
11
Sec. 4-2.8 Any complaints which are made will be investigated in a timely fashion.
All employees shall cooperate in any investigation of such a complaint. If the facts
support the allegations, the perpetrator of the sexual harassment will be subject to
disciplinary action. Any employee found to have made a false complaint of sexual
harassment or found to have given knowingly false information during an investigation of
such a complaint will also be subject to disciplinary action.
SECTION 4-3 DISCIPLINE
Sec. 4-3.1 Disciplinary Action. Employees shall be subject to disciplinary action
for failing to fulfill their duties and responsibilities. It shall be the policy of the City to
administer disciplinary action uniformly and without discrimination. Disciplinary action
may include action up to and including termination. Discipline will be based upon the
nature and severity of the infraction and the conditions surrounding the incident.
Generally accepted principles of progressive discipline will be used where practical.
SECTION 4-4 REPORTS OF DISCIPLINARY ACTION
Sec. 4-4.1 The City Council shall be promptly notified of all disciplinary action
taken against an employee and a proper written record thereof shall be provided to the
affected employee and maintained in the employee's personnel file.
RETIREMENT BENEFITS
SECTION 5-1 PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION (PERA)
Sec. 5-1.1 All persons hired for regular full and part time positions and certain
temporary positions with the City of Otsego are members of the Public Employees
Retirement Association. Employees shall have deductions made for the PERA, as
established by law, from each payroll.
Sec. 5-1.2 Every employee, shall be subject to the provisions of the Federal Social
Security Old -Age and Survivor Insurance Program, and deduction to cover such payments
will be made from each payroll.
12
GENERAL PERSONNEL POLICY PROVISIONS
SECTION 6-1 REPORT OF PERSONNEL CHANGES
Sec. 6.1.1 The City Council shall prescribe the necessary forms for reports of all
personnel changes. Such forms shall provide spaces for entering such supporting or other
pertinent information as the City Council shall deem necessary.
SECTION 6-2 CONFLICT OF INTEREST
Sec. 6.2.1 The credibility of local government rests heavily upon the confidence
which citizens have in public employees to render fair and impartial services to all without
regard to personal interest and/or political influence. The delivery of public services to
our citizens requires that City employees scrupulously avoid any activity which suggest a
conflict of interest between their private interest and City responsibilities. Employees of
the City, or their family members, shall not engage or have financial interest in any
business or other activity which could reasonably lead to a conflict of interest with the
employee's primary City responsibilities. "Family members" shall be deemed to be the
employee, the spouse of the employee and the parents, children, and siblings of the
employee or spouse and/or the lineal descendants of any of them. Examples of activities
which are not in accordance with this policy include, but are not limited to: 1) having an
interest in any business which has contracts or other direct dealings with the City of
Otsego; 2) activities which require the employee to interpret City Codes, ordinances or
regulations when such activity involves matters with which the employee has business
and/or family ties: 3) consulting activities carried out within the City of Otsego if such
consulting involves talents or skills primarily related to the employee's City work
responsibilities. Any employee engaging in any activity involving either an actual or
potential conflict of interest or having knowledge of such activity by another employee
shall promptly report the same to the City Council. The City Council shall investigate the
matter and make a determination as to whether or not an actual or potential conflict exists.
If the City Council determines a conflict exists, it shall be presumed that the continuation
of the practice would be injurious to the effectiveness of the employee in carrying out the
employee's responsibilities. In such cases the employee shall immediately terminate the
conflicting activity or be subject to termination of employment.
SECTION 6-3 CHILD SUPPORT OR SPOUSAL MAINTENANCE
Sec. 6-3.1 Newly hired employees will be asked at the time of hire whether they
are required by court order to pay child support or spousal maintenance (alimony) which
is required by law to be withheld from their income. Those who answer yes will be asked
to supply the City of Otsego with a copy of the order.
13
SECTION 6-4 RECEIPT OR SOLICITATION OF GIFTS
Sec. 6-4.1 No employee shall receive or solicit any gift from any person, business
or organization having any business, administrative, legislative, contractual or any other
relationship with the city if the gift could be perceived to or could influence actions of an
official nature. A gift is any money, tangible or intangible personal property, food,
beverage, loan, promise, service or entertainment exceeding $25.99 s m.
Departments may adopt more stringent requirements but any such requirements
shall be communicated to the employee and City Council by official notice at least once
each calendar year or shall be part of the official written procedures of the department.
Sec. 6-4.2 Unlawful acts. Falsification of records. 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 personnel system, or in any manner
commit or attempt to commit any fraud preventing the impartial execution of the
provisions of this ordinance.
Sec. 6-4.3 Rendering of consideration. No person seeking employment to or
promotion in the municipal service shall either directly or indirectly give, render, or pay
any money, service, or other valuable consideration to any person, or on account of or in
connection with the test, appointment, or promotion, or proposed appointment or
promotion.
Sec. 6-4.4 Discrimination. No person shall be employed, promoted, demoted, or
discharged by the city or in any way favored or discriminated against because of political
opinions or affiliations, race, color, national origin, religion, sex, marital status, status with
regard to public assistance or disability, or because of the exercise of rights under
provisions of the public Employment Labor Relations Act, Minn, Stat. 179A.01 to
179A.25. No person who is between 18 and 70 years of age shall be discriminated against
with reference to city employment in any way forbidden by federal or state law.
SECTION 6-5 WORKER'S COMPENSATION
Sec. 6-5.1 Officials under workers' compensation act. Pursuant to Minn. Stat.
176.011, Subd. 9, clause 6, the elected officials of the city and those municipal officers
appointed for a regular term of office are hereby included in the coverage of the
Minnesota Workers' Compensation Act.
Sec. 6-5.2 Exposure to hazardous substances. Any employee routinely exposed
to hazardous substances or harmful physical agents as defined in the Minnesota Employee
Right to Know Act of 1983 (Laws 1983, Ch. 316, Minn. Stat. 182.65-182.675) shall be
trained before being assigned or reassigned work exposing the employee to such
substances or agents and shall be given training annually thereafter. Training shall include
an explanation of how and where information about hazards is stored in the work place,
how the hazards are labeled, and where to obtain specific information. The supervisor (or
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other designated official) shall provide for such training and for compliance with the
"Minnesota Employee Right to Know Act of 1983," including the establishment of specific
policies to insure compliance with the state law and regulations. An employee acting in
good faith has the right to refuse to work under conditions which the employee reasonably
believes present an imminent danger of death or serious physical harm to the employee.
SECTION 7-1 WHISTLEBLOWERS
Sec. 7.1.1 Pursuant to Minn. Stat. 181.932, the City of Otsego will not discharge,
discipline, threaten, or otherwise discriminate against, or penalize an employee regarding
the employee's compensation, terms, conditions, location, or privileges of employment
because:
Sec. 7 -La Employee, or person acting on behalf of an employee, in good faith,
reports a violation or suspected violation of any federal or state law or rule adopted
pursuant to law to the City of Otsego or to any governmental body or law enforcement
official;
Sec. 7 -Lb The employee is requested by a public body or office to participate in an
investigation, hearing, inquiry; or
Sec. 7-l.c The employee refuses the City's order to perform an action that the
employee has an objective basis in fact to believe violates any State or Federal law or rule
regulation adopted pursuant to law, and the employee informs the City of Otsego that the
order is being refused for that reason.
Sec. 7-l.d No city official or law enforcement official will disclose, or cause to
disclose, the identity of any employee making a report or providing information under Sec.
7-1.1 without the employee's consent unless the investigator determines that disclosure is
necessary for prosecution. If the disclosure is necessary for prosecution, the employee
will be informed prior to the disclosure.
Sec. 7 -Le Employees shall not make any statements or disclosures pursuant to
this section knowing that they are false or that they are in reckless disregard of the truth.
Sec. 7-l.f This section does not permit disclosures that would violate federal or
state law or diminish or impair the right of any person to the continued protection of
confidentiality or communications provided by common law.
SECTION 8-1 NOTICE OF REASONS FOR TERMINATION'S
Sec. 8-1.1 An employee who has been involuntarily terminated may, within five
working days following such termination, request in writing that the City of Otsego inform
the employee of the reason for the termination. Within five working days following
receipt of such request, the City of Otsego shall inform the terminated employee in writing
of the truthful reason for the termination.
Sec. 8-1.2 No communication of the statement furnished by the City of Otsego to
the employee under Sec 8-1.1 above may be made the subject of any action for libel,
slander, or defamation by the employee against the City of Otsego.
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SECTION 9-1 DRUG FREE WORKPLACE
Sec. 9-1.1 No employee of the City of Otsego shall manufacture, distribute,
dispense, possess, or use a controlled substance in the work place. Violation of this
provision may result in immediate termination of employment or other disciplinary action
as determined by, and at the sole discretion of, the Otsego City Council.
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16
THE POLICIES ARE NOT TERMS AND SHALL NOT BE REGARDED AS OR
CONSTRUED AS CONTRACTUAL PROVISIONS. AS GUIDES, THE
PROVISIONS MAY BE CHANGED AT ANY TIME BY A MAJORITY VOTE OF
THE CITY COUNCIL. THE PROVISIONS SHALL NOT BE INTERPRETED AS
CREATING ANYTHING OTHER THAN AN AT WILL EMPLOYMENT
SETTING WHEREIN THE EMPLOYEE MAY TERMINATE HIS/HER
EMPLOYMENT AT ANY TIME FOR ANY REASON AND THE CITY MAY
TERMINATE THE EMPLOYEE AT ANY TIME FOR ANY REASON.
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CITY OF OTSEGO
REOUEST FOR COUNCIL ACTION
II AGENDA SECTION: DEPARTMENT: MEETING DATE II
I9. Council Items: CITY CLERK October 26,1998
6:30PM
ITEM NUMBER: ITEM DESCRIPTION: PREPARED BY: EB, CC
93. Elaine Beatty, City Clerk - update
A. Set date of (Thursday), November 5, 1998 (4PM) for Council
to meet as a Canvassing Board for City Elections
Background:
The City Council is required to meet as a Canvassing Board to Canvass the City Elections. The last date
they can meet is November 5, 1998, which is Thursday. We Could meet Wednesday the 4th if need be,
but is does not give the City Clerk a lot of time to get information to the Council on election results.
This will not be a long meeting. The Council just needs to review the results of the City Election and
confirm them.
STAFF RECOMMENDATION:
A Resolution will be prepared on City Elections for the Council (Canvassing Board) to consider
and if agreed, approve.
Thank you,
Elaine