The URL can be used to link to this page

05-26-09 CCCLAIMS LIST CITY COUNCIL MEETING MAY 26, 2009 TO: Tami Loff ITEM 5-1 Attached is the Claims List for the City Council. For more details, please refer to the check detail registers. CLAIMS REGISTER PAYROLL ELECTRONIC PYMTS FOR: 05-20-2009 $ 154,358.87 05-20-2009 $ 35,101.43 Qwest $ Centerpoint Energy $ Dept. of Revenue -Fuel Tax $ Dept. of Revenue -Sales Tax $ Elk River Utilities $ Wright -Hennepin $ Delta Dental $ Total $ GRAND TOTAL $ 189,460.30 If you have any questions or if you would like to review this list further, please let me know. Sue Frisch Bookkeeper CITY OF OTSEGO 05/20/09 3:14 PM Page 1 *Check Summary Register© MAY 2009 Name Check Date Check Amt 10100 BANK OF ELK RIVER Paid Chk# 047208 WRIGHT COUNTY AUDITOR -TRE 5/7/2009 $720.00 PID #R118-802-013100 Paid Chk# 047209 COMDATA CORPORATION 5/7/2009 $40.98 DRY CLEANING Paid Chk# 047210 ABDO ABDO EICK & MEYERS LL 5/20/2009 $16,500.00 2008 AUDIT SERVICES Paid Chk# 047211 AFFORDABLE SANITATION 5/20/2009 $345.00 APRIL PORTA RENTALS Paid Chk# 047212 AIRGAS, INC. 5/20/2009 $32.27 ACETYLENE/OXYGEN/HAZMAT Paid Chk# 047213 ALLIANCE BENEFIT GROUP 5/20/2009 $835.98 PPE 5/16/09 CH DTD 5/20/09 Paid Chk# 047214 CITY OF OTSEGO 5/20/2009 $1,215.95 7551 LANCASTER - WEST WWTF Paid Chk# 047215 COURI MACARTHUR LAW OFFIC 5/20/2009 $15,667.00 CRIMSON PONDS WEST Paid Chk# 047216 CP TELECOM 5/20/2009 $607.63 TELEPHONE Paid Chk# 047217 CROW RIVER FARM EQUIPMEN 5/20/2009 $3,565.59 REPAIR/MAINT SUPPLIES Paid Chk# 047218 D.C. HOMES, INC. 5/20/2009 $1,000.00 11337 73RD - LNDSCP ESC REFUND Paid Chk# 047219 D.R. HORTON INC 5/20/2009 $19.18 W/S REFUND - 6572 MACKENZIE Paid Chk# 047220 DAKOTA SUPPLY GROUP 5/20/2009 $48.06 GASKETS FOR METERS Paid Chk# 047221 DAVID THOMPSON 5/20/2009 $10.00 SITE VISIT 9600 ODEAN Paid Chk# 047222 ECM PUBLISHERS INC 5/20/2009 $600.00 LEGAL - PUBLIC HEARING Paid Chk# 047223 ELK RIVER FLORAL 5/20/2009 $39.41 GLENN AAMONDT FUNERAL Paid Chk# 047224 ELK RIVER PRINTING & PARTY 5/20/2009 $82.01 HAROLD LEONARD BUSINESS CARDS Paid Chk# 047225 FIRST LAB 5/20/2009 $117.00 RANDOM - KEVIN LAMSON Paid Chk# 047226 FLOYD TOTAL SECURITY 5/20/2009 $1,697.93 REPLACE EXIT HDWR @ WELL HOUSE Paid Chk# 047227 FORT DEARBORN LIFE 5/20/2009 $773.53 JUNE PREMIUM Paid Chk# 047228 G & K TEXTILE LEASING SYSTE 5/20/2009 $459.48 UNIFORMS & MATS Paid Chk# 047229 GOPHER STATE ONE -CALL INC 5/20/2009 $440.80 LOCATE TICKETS Paid Chk# 047230 GRAINGER 5/20/2009 $361.82 HARNESS, LANYARD - ROPE Paid Chk# 047231 HEALTH PARTNERS 5/20/2009 $5,533.40 JUNE MEDICAL Paid Chk# 047232 HYDROLOGIC 5/20/2009 $19.51 IRRIGATION SUPPLIES - SCHOOL K Paid Chk# 047233 ICMA RETIREMENT TRUST 5/20/2009 $648.22 PLAN #304185 Paid Chk# 047234 LONG & SONS 5/20/2009 $1,485.25 CITY HALL APR CLEANING Paid Chk# 047235 MARTIN BENEFIT ADMINISTRAT 5/20/2009 $54.50 MAY FEE - FLEX Paid Chk# 047236 MARY SCHMAUS 5/20/2009 $17.05 MILEAGE - PERMITWORKS MTG Paid Chk# 047237 MENARDS 5/20/2009 $547.25 2 CYCLE OIL Paid Chk# 047238 METRO GENERAL SERVICES IN 5/20/2009 $1,790.00 TO BE ASSESSED/CURBSTOP REP @ Paid Chk# 047239 METRO WEST INSPECTION SVC 5/20/2009 $3,532.50 BLDG INSP SVCS 3/27/09 - 4/24/ Paid Chk# 047240 MINNESOTA COPY SYSTEMS 5/20/2009 $138.56 ESTUDIO MAINT/COPIES Paid Chk# 047241 MN POLLUTION CONTROL 5/20/2009 $1,450.00 2008 ANNUAL PERMIT - EAST WWTF Paid Chk# 047242 NEWMAN TRAFFIC SIGNS 5/20/2009 $284.71 SIGN MATERIAL - POSTS Paid Chk# 047243 NEXTEL COMMUNICATIONS 5/20/2009 $357.71 CELL PHONES Paid Chk# 047244 NOW CARE MEDICAL CENTERS 5/20/2009 $141.00 RANDOM COLLECTION - KEVIN LAMS Paid Chk# 047245 OFFICEMAX 5/20/2009 $1,155.50 OFFICE SUPPLIES Paid Chk# 047246 PEOPLE SERVICE INC. 5/20/2009 $44,602.00 MONTHLY SERVICE - JUNE Paid Chk# 047247 PUBLIC EMPLOYEES RETIREME 5/20/2009 $3,713.29 #677600 PPE 5/16/09 Paid Chk# 047248 REED BUSINESS INFORMATION 5/20/2009 $388.68 AD FOR BIDS - 2009 STREET MAIN Paid Chk# 047249 REINDERS, INC. 5/20/2009 $2,556.00 BLUE/RYE SEED MIX Paid Chk# 047250 SANDY LINDENFELSER 5/20/2009 $50.60 LIQUOR LIC TRAINING MILEAGE Paid Chk# 047251 SOFTRONICS, INC. 5/20/2009 $2,727.57 PW - LABOR Paid Chk# 047252 SPORTING GOODS, INC. 5/20/2009 $102.24 WHISKER PLUG Paid Chk# 047253 SRF CONSULTING GROUP, INC. 5/20/2009 $899.98 PARKS CONSULTING Paid Chk# 047254 SUSAN FRISCH 5/20/2009 $47.30 BANYON SEMINAR MILEAGE Paid Chk# 047255 US BANK 5/20/2009 $18,945.00 GEN OBL IMPR BOND, SERIES 2004 Paid Chk# 047256 VERIZON WIRELESS 5/20/2009 $145.83 LAP TOP SERVICE Paid Chk# 047257 W.W. GOETSCH ASSOCIATES IN 5/20/2009 $17,413.28 LS #1 PUMP #2 REPLACEMENT Paid Chk# 047258 WRIGHT COUNTY RECORDER 5/20/2009 $46.00 AARON CORRICK VACATION Paid Chk# 047259 XCEL ENERGY 5/20/2009 $386.32 RIVERPOINTE LIGHTS Total Checks $154,358.87 CITY OF OTSEGO 05/20/09 3:16 PM Page 1 *Check Detail Register© MAY 2009 Check Amt Invoice Comment 10100 BANK OF ELK RIVER Paid Chk# 047208 5/7/2009 WRIGHT COUNTY AUDITOR -TREASURE E 101-41400-310 Miscellaneous $720.00 PID #R118-802-013100 tal WRIGHT COUNTY AUDITOR -TREASURE $720.00 Paid Chk# 047209 5/7/2009 COBORNS INC E 250-42410-225 Uniforms/Clothing Allowance $40.98 M91215895 DRY CLEANING Total COBORNS INC $40.98 Paid Chk# 047210 5/20/2009 ABDO ABDO EICK & MEYERS LLP��'�� E 101-41600-304 Accounting & Auditing $16,500.00 253479 2008 AUDIT SERVICES Total ABDO ABDO EICK & MEYERS LLP $16,500.00 Paid Chk# 047211 5/20/2009 AFFORDABLE SANITATION E 101-45200-410 Rentals (GENERAL) $345.00 8226 APRIL PORTA RENTALS Total AFFORDABLE SANITATION $345.00 E 101-41 000-301 Legal Services Paid Chk# 047212 5/20/2009 AIRGAS, INC. $70.00 E 101-41700-301 Legal Services E101-43100-210 Operating Supplies (GENERAL) $32.27 105313530 ACETYLENE/OXYGEN/HAZMAT $1,253.00 Total AIRGAS, INC. $32.27 E 601-49400-301 Legal Services Paid Chk# 047213 5/20/2009 ALLIANCE BENEFIT GROUP $28.00 G 101-21706 Hospitalization/Medical Ins $835.98 PPE 5/16/09 CH DTD 5/20/09 Total ALLIANCE BENEFIT GROUP $835.98 $85.00 Paid Chk# 047214 5/20/2009 CITY OF OTSEGO G 701-22465 GREAT RIVER CTR $136.00 E 101-45200-322 Utilities $295.06 6480 MASON - IRRIG E 101-45200-322 Utilities $159.27 11313 77TH - IRRIG E 101-45200-322 Utilities $129.08 15501 83RD - IRRIG E 602-49450-322 Utilities $3.35 7551 LANCASTER -WEST WWTF E 602-49450-322 Utilities $4.31 7551 LANCASTER -WEST WWTF E 602-49450-322 Utilities $11.27 7551 LANCASTER -WEST WWTF E 602-49450-322 Utilities $136.91 5850 RANDOLPH - EAST WWTF E 602-49450-322 Utilities $296.66 7551 LANCASTER -WEST WWTF E 101-45200-322 Utilities $180.04 10400 71ST - IRRIG Total CITY OF OTSEGO $1,215.95 Paid Chk# 047215 5/20/2009 COURI MACARTHUR LAW OFFICE E 601-49400-301 Legal Services $140.00 E 414-43100-301 Legal Services $663.00 E 101-41700-301 Legal Services $1,960.00 E 101-41 000-301 Legal Services $51.00 E 101-41700-301 Legal Services $70.00 E 101-41700-301 Legal Services $85.00 E 101-41700-301 Legal Services $85.00 E 101-41700-301 Legal Services $1,253.00 E 101-41700-301 Legal Services $4,200.00 E 601-49400-301 Legal Services $85.00 E 101-41700-301 Legal Services $28.00 G 701-22392 MISSISSIPPI COVE 1 & 2 $136.00 G 701-22361 SUN RAY FARMS $221.00 G 701-22462 DUKE REALTY $85.00 G 701-21896 DAN HENNUM - CUP - PREM PLAT $85.00 G 701-22465 GREAT RIVER CTR $136.00 G 701-22434 Crimson Ponds West $51.00 E 101-41700-301 Legal Services $4,242.00 G 701-21856 WATERFRONT EAST 3RD $2,040.00 G 701-22408 Prairie Creek 6th $51.00 TO BE ASSESSED - RODENW.AID MISSISSIPPI RIVERWOOD - ASSESSMENT PERSONNEL REVIEW ASSESSMENTS CONDEMNATION ISD COSTS KAEDING AVENUE ZACHMAN HOSPITAL DISTRICT TO BE ASSESSED - RODENWAID DATA PRACTICES MISSISSIPPI COVE SUNRAYFARMS GATEWAY NORTH HENNUM - RIVER RIDGE GREAT RIVER CENTRE CRIMSON PONDS WEST GENERAL WATERFRONT EAST PRAIRIE CREEK 6 CITY OF OTSEGO 05/20/09 3:16 PM Page 2 *Check Detail Register© MAY 2009 Total CP TELECOM $607.63 Paid Chk# 047217 5/20/2009 CROW RIVER FARM EQUIPMENT E 101-43100-220 Repair/Maint Supply (GENERAL) Check Amt Invoice Comment Total COURT MACARTHUR LAW OFFICE $15,667.00 Total Paid Chk# 047216 5/20/2009 CP TELECOM" Paid Chk# 047218 5/20/2009 D.C. HOMES, INC. E 101-41400-320 Telephone $151.91 TELEPHONE E 250-42410-320 Telephone $303.82 TELEPHONE E 101-43100-320 Telephone $151.90 TELEPHONE Total CP TELECOM $607.63 Paid Chk# 047217 5/20/2009 CROW RIVER FARM EQUIPMENT E 101-43100-220 Repair/Maint Supply (GENERAL) $179.69 135826 E 602-49450-220 Repair/Maint Supply (GENERAL) $3,385.90 135919 Total CROW RIVER FARM EQUIPMENT $3,565.59 Paid Chk# 047218 5/20/2009 D.C. HOMES, INC. Full -Time Employees Regular E 702-41400-310 Miscellaneous $1,000.00 Total D.C. HOMES, INC. $1,000.00 Paid Chk# 047219 5/20/2009 D.R. HORTON INC R 601-37150 WATER SALES $19.18 Total D.R. HORTON INC $19.18 Paid Chk# 047220 5/20/2009 DAKOTA SUPPLY GROUP E 601-49400-203 Other Supplies $48.06 6045561 Total DAKOTA SUPPLY GROUP 48 06 REPAIR/MAINT SUPPLIES CHAIN FOR LIFT STATION PUMPS 11337 73RD - LNDSCP ESC REFUND W/S REFUND - 6572 MACKENZIE GASKETS FOR METERS Paid Chk# 047221 5/20/2009 DAVID THOMPSON E 101-41530-101 Full -Time Employees Regular $10.00 SITE VISIT 9600 ODEAN Total DAVID THOMPSON $10.00 Paid Chk# 047222 5/20/2009 ECM PUBLISHERS INC E 101-41400-350 Print/Binding (GENERAL) $67.50 292678 LEGAL - PUBLIC HEARING E 101-41400-350 Print/Binding (GENERAL) $67.50 292679 LEGAL - PUBLIC HEARING E 201-43100-351 Legal Notices Publishing $465.00 293208 AD FOR BIDS - 2009 ST MAINT Total ECM PUBLISHERS INC $600.00 Paid Chk# 047223 5/20/2009 ELK RIVER FLORAL�*SM�� E 101-41400-310 Miscellaneous $39.41 3APR31018 GLENN AAMONDT FUNERAL Total ELK RIVER FLORAL $39.41 Paid ChK# 047224 5/20/2009 ELK RIVER PRINTING & PARTY PLU E 250-42410-350 Print/Binding (GENERAL) $82.01 28089 HAROLD LEONARD BUSINESS CARDS Total ELK RIVER PRINTING & PARTY PLU $82.01 Paid Chk# 047225 5/20/2009 FIRST LAB E 101-43100-310 Miscellaneous $39.00 110794 RANDOM - KEVIN LAMSON E 101-43100-310 Miscellaneous $39.00 110794 RANDOM - PATRICK LAUNDERVILLE E 101-43100-310 Miscellaneous $39.00 110794 PRE EMPLOYMENT - RENE METCALF Total FIRST LAB $117.00 Paid Chk# 047226 5/20/2009 FLOYD TOTAL SECURITY E 601-49400-400 Repairs & Maint Cont $1,697.93 165092 REPLACE EXIT HDWR @ WELL HOUSE #3 Total FLOYD TOTAL SECURITY $1,697.93 Paid Chk# 047227 5/20/2009 FORT DEARBORN LIFE E 101-41400-130 Employer Paid Ins (GENERAL) $147.80 JUNE PREMIUM E 601-49400-130 Employer Paid Ins (GENERAL) $12.67 JUNE PREMIUM E 101-41600-130 Employer Paid Ins (GENERAL) $158.67 JUNE PREMIUM E 250-42410-130 Employer Paid Ins (GENERAL) $110.99 JUNE PREMIUM E 101-43100-130 Employer Paid Ins (GENERAL) $330.73 JUNE PREMIUM CITY OF OTSEGO 05/20/09 3:16 PM Page 3 *Check Detail Register© MAY 2009 Check Amt Invoice Comment E 602-49450-130 Employer Paid Ins (GENERAL) $12.67 JUNE PREMIUM Total FORT DEARBORN LIFE $773.53 Paid Chk# 047228 5/20/2009 G & K TEXTILE LEASING SYSTEM HEALTH PARTNERS MILEAGE - PERMITWORKS MTG E 101-43100-225 Uniforms/Clothing Allowance $103.49 1043187492 UNIFORMS & MATS E 101-41940-390 Contracted Services $95.70 1043187493 MATS E 101-43100-225 Uniforms/Clothing Allowance $47.19 1043192645 UNIFORMS & MATS E 101-43100-225 Uniforms/Clothing Allowance $70.21 1043197805 UNIFORMS & MATS E 101-41940-390 Contracted Services $95.70 1043197806 MATS E 101-43100-225 Uniforms/Clothing Allowance $47.19 1043203000 UNIFORMS & MATS Total G & K TEXTILE LEASING SYSTEM $459.48 Paid Chk# 047232 5/20/2009 Paid Chk# 047229 5/20/2009 GOPHER STATE ONE -CALL INC E 250-42410-310 Miscellaneous $440.80 9040759 LOCATE TICKETS Total GOPHER STATE ONE -CALL INC Paid Chk# 047230 5/20/2009 GRAINGER E 101-41100-801 CONTINGENCY E 101-43100-227 Safety supplies Total GRAINGER �wvv.au $120.26 9892600009 ARM GRIPPER, TRASH PICKER $241.56 9892600009 HARNESS, LANYARD - ROPE $361.82 Paid Chk# 047231 5/20/2009 HEALTH PARTNERS MILEAGE - PERMITWORKS MTG E 101-41400-121 PERA E 101-41400-123 Health PLAN #304185 $1,462.30 32156992 JUNE MEDICAL E 101-41600-123 Health $648.22 $955.00 32156992 JUNE MEDICAL E 250-42410-123 Health E101-45200-220 $188.60 32156992 JUNE MEDICAL E 101-43100-123 Health PW CLEANING SUPPLIES $2,927.50 32156992 JUNE MEDICAL 09-92 Total HEALTH PARTNERS $5,533.40 $404.70 09-92 Paid Chk# 047232 5/20/2009 HYDROLOGIC $154.21 09-92 CITY HALL CLEANING SUPPLIES E 101-45200-220 Repair/Maint Supply (GENERAL) $19.51 384985 -IN IRRIGATION SUPPLIES - SCHOOL KNOLL Total HYDROLOGIC $19.51 Paid Chk# 047233 .- 5/20/2009 ICMA RETIREMENT TRUST-------- $17.05 MILEAGE - PERMITWORKS MTG E 101-41400-121 PERA $212.22 PPE 5/16/09 PLAN #304185 G 101-21705 Other Retirement $436.00 PPE 5/16/09 PLAN #304185 Total ICMA RETIREMENT TRUST $648.22 2 CYCLE OIL E 101-43100-402 Paid Chk# 047234 5/20/2009 LONG & SONS SOFTENER SALT E101-45200-220 Repair/Maint Supply (GENERAL) E 101-43100-210 Operating Supplies (GENERAL) $154.21 09-92 PW CLEANING SUPPLIES E 101-41940-389 Cleaning Services $772.13 09-92 CITY HALL APR CLEANING E 101-43100-389 Cleaning Services $404.70 09-92 PW APR CLEANING E 101-41940-203 Other Supplies $154.21 09-92 CITY HALL CLEANING SUPPLIES Total LONG & SONS $1,485.25 Paid Chk# 047235 5/20/2009 MARTIN BENEFIT ADMINISTRATORS E 101-41400-390 Contracted Services $54.50 16625 MAY FEE - FLEX Total MARTIN BENEFIT ADMINISTRATORS $54.50 Paid Chk# 047236 5/20/2009MAR Y SCHMAUS E 250-42410-320 Telephone $17.05 MILEAGE - PERMITWORKS MTG Total MARY SCHMAUS $17.05 Paid Chk# 047237 5/20/2009 MENARDS .m.. E101-45200-210 Operating Supplies (GENERAL) $12.01 54308 2 CYCLE OIL E 101-43100-402 Repairs/Maint Buildingss $447.53 54308 SOFTENER SALT E101-45200-220 Repair/Maint Supply (GENERAL) $87.71 56428 REBAR, CEDAR, BRUSHES Total MENARDS $547.25 Paid Chk# 047238 5/20/2009 METRO GENERAL SERVICES INC CITY OF OTSEGO 05/20/09 3:16 PM Page 4 *Check Detail Register© MAY 2009 Check Amt Invoice Comment E 601-49400-400 Repairs & Maint Cont $1,790.00 19399 TO BE ASSESSED/CURBSTOP REP @ 11327 72ND Total METRO GENERAL SERVICES INC $1,790.00 Paid Chk# 047239 5/20/2009 METRO WEST INSPECTION SVC INC. E 250-42410-390 Contracted Services $3,532.50 BLDG INSP SVCS 3/27/09 - 4/24/09 Total METRO WEST INSPECTION SVC INC. $3,532.50 Paid Chk# 047240 5/20/2009 MINNESOTA COPY SYSTEMS E 101-41400-413 Office Equipment Rental $138.56 29760 Total MINNESOTA COPY SYSTEMS $138.56 Paid Chk# 047241 5/20/2009 MN POLLUTION CONTROL E 602-49450-310 Miscellaneous $1,450.00 4400070439 Total MN POLLUTION CONTROL $1,450.00 ESTUDIO MAINT/COPIES 2008 ANNUAL PERMIT - EAST WWTF Paid Chk# 047242 5/20/2009 NEWMAN TRAFFIC SIGNS E 101-43100-393 Sign material purchased $284.71 TI -0207611 SIGN MATERIAL - POSTS Total NEWMAN TRAFFIC SIGNS $284.71 Paid Chk# 047243 5/20/2009 NEXTEL COMMUNICATIONS E 250-42410-320 Telephone $134.12 184430382-01 CELL PHONES E 101-43100-320 Telephone $223.59 184430382-01 CELL PHONES Total NEXTEL COMMUNICATIONS $357.71 Paid Chk# 047244 5/20/2009 NOW CARE MEDICAL CENTERS E 101-41400-121 E 101-43100-310 Miscellaneous PERA $54.00 PERA E 101-43100-310 Miscellaneous E 601-49400-121 $21.00 E 101-43100-310 Miscellaneous $24.00 E 101-43100-310 Miscellaneous $21.00 E 101-43100-310 Miscellaneous $21.00 Total NOW CARE MEDICAL CENTERS $141.00 Paid Chk# 047245 5/20/2009 OFFICEMAX� E 250-42410-201 Office Supplies and Expenses $10.64 189622 E 101-41400-201 Office Supplies and Expenses $154.32 189622 E 101-41400-201 Office Supplies and Expenses $255.51 250898 E 250-42410-201 Office Supplies and Expenses $17.00 410797 E 101-41400-201 Office Supplies and Expenses $235.21 410797 E 101-41400-201 Office Supplies and Expenses $142.70 434851 E 101-41600-201 Office Supplies and Expenses $55.37 434851 E 250-42410-201 Office Supplies and Expenses $25.51 434851 E 101-41600-201 Office Supplies and Expenses $14.89 816611 E 101-41400-201 Office Supplies and Expenses $312.51 816611 E 101-41400-201 Office Supplies and Expenses ($68.16) 95444 Total OFFICEMAX $1,155.50 Paid Chk# 047246 5/20/2009 PEOPLE SERVICE INC. E 601-49400-390 Contracted Services $13,871.22 14768 E 602-49450-390 Contracted Services $30,730.78 14768 Total PEOPLE SERVICE INC. $44,602.00 Paid Chk# 047247 5/20/2009 G 101-21704 PERA E 101-41400-121 PERA E 101-43100-121 PERA E 101-41600-121 PERA E 602-49450-121 PERA E 601-49400-121 PERA PUBLIC EMPLOYEES RETIREMENT FD $1,747.43 $217.59 $874.82 $448.41 $44.59 $44.60 DOT EXAM - RENE METCALF RANDOM COLLECTION - PAT LAUNDERVILLE BREATH ALCOHOL - KEVIN LAMSON RANDOM COLLECTION - RENE METCALF RANDOM COLLECTION - KEVIN LAMSON OFFICE SUPPLIES OFFICE SUPPLIES COPY PAPER OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES BILLING ADJUSTMENT MONTHLY SERVICE - JUNE MONTHLY SERVICE - JUNE #677600 PPE 5/16/09 #677600 PPE 5/16/09 #677600 PPE 5/16/09 #677600 PPE 5/16/09 #677600 PPE 5/16/09 #677600 PPE 5/16/09 CITY OF OTSEGO 05/20/09 3:16 PM Page 5 *Check Detail Register© MAY 2009 Check Amt Invoice Comment E 250-42410-121 PERA $335.85 #677600 PPE 5/16/09 :)tal PUBLIC EMPLOYEES RETIREMENT FD $3,713.29 Paid Chk# 047248 5/20/2009 REED BUSINESS INFORMATION E 201-43100-351 Legal Notices Publishing $194.34 4167260 AD FOR BIDS - 2009 STREET MAINT E 201-43100-351 Legal Notices Publishing $194.34 4172804 AD FOR BIDS - 2009 STREET MAINT Total REED BUSINESS INFORMATION $388.68 Paid Chk# 047249 5/20/2009 REINDERS, INC.��ro� E 101-45200-220 Repair/Maint Supply (GENERAL) $1,597.50 791173-00 BLUE/RYE SEED MIX E 101-45200-220 Repair/Maint Supply (GENERAL) $958.50 791391-00 FERTILIZER Total REINDERS, INC. $2,556.00 Paid Chk# 047250 5/20/2009 SANDY LINDENFELSER E 101-41400-360 Education/Training/Conferences $50.60 LIQUOR LIC TRAINING MILEAGE Total SANDY LINDENFELSER $50.60 Paid Chk# 047251 5/20/2009 SOFTRONICS, INC. E 250-42410-570 Office Equip and Furnishings $318.44 2285 BLDG - PRINTER E 601-49400-390 Contracted Services $50.00 2285 UTIL - LABOR E 250-42410-390 Contracted Services $325.00 2285 BLDG - LABOR E 101-43100-390 Contracted Services $325.00 2285 PW - LABOR E 602-49450-390 Contracted Services $50.00 2285 UTIL - LABOR E 101-41400-390 Contracted Services $250.00 2285 ADMIN IT - LABOR E 101-41400-390 Contracted Services $150.00 2285 ADMIN - LABOR E 101-41600-201 Office Supplies and Expenses $142.66 2285 FIN - HARD DRIVE, ANTIVIRUS E 101-41400-391 GIS Services $100.00 2285 GIS - LABOR E 101-43100-201 Office Supplies and Expenses $41.47 2285 PW - ANTIVIRUS E 101-41600-390 Contracted Services $975.00 2285 FIN - LABOR Total SOFTRONICS, INC. $2,727.57 Paid Chk# 047252 5/20/2009 SPORTING GOODS, INC. E 101-45200-210 Operating Supplies (GENERAL) $102.24 AA39360-E01 WHISKER PLUG Total SPORTING GOODS, INC. $102.24 Paid Chk# 047253 5/20/2009 SRF CONSULTING GROUP, INC. E 203-45210-390 Contracted Services $899.98 5521-28 PARKS CONSULTING Total SRF CONSULTING GROUP, INC. $899.98 Paid Chk# 047254 5/20/2009 SUSAN FRISCH a �. E 101-41600-360 Education/Training/Conferences $47.30 BANYON SEMINAR MILEAGE Total SUSAN FRISCH $47.30 Paid Chk# 047255 5/20/2009 US BANK E 365-47000-602 Bond Interest $18,945.00 GEN OBL IMPR BOND, SERIES 2004 Total US BANK $18,945.00 Paid Chk# 047256 5/20/2009 VERIZON WIRELESS E 250-42410-320 Telephone $145.83 2008812320 LAP TOP SERVICE Total VERIZON WIRELESS $145.83 Paid Chk# 047257 5/20/2009 W.W. GOETSCH ASSOCIATES INC E 602-49450-400 Repairs & Maint Cont $17,413.28 81525 LS #1 PUMP #2 REPLACEMENT Total W.W. GOETSCH ASSOCIATES INC $17,413.28 Paid Chk# 047258 5/20/2009 WRIGHT COUNTY RECORDER �__.�� E 101-41400-340 Recording Fees $46.00 AARON CORRICK VACATION Total WRIGHT COUNTY RECORDER $46.00 CITY OF OTSEGO 05/20/09 3:16 PM Page 6 *Check Detail Register© MAY 2009 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND Check Amt Invoice Comment Paid Chk# 047259 5/20/2009 XCEL ENERGY $899.98 250 Comm. Dev. & Bldg Safety E 101-43160-322 Utilities $16.64 16499 53RD - SIGNAL @ 36/101 E 601-49400-322 Utilities $143.16 16575 61ST ST E 101-43160-322 Utilities $24.98 16501 53RD - 101/36 ST LIGHT E 101-43160-322 Utilities $201.54 RIVERPOINTE LIGHTS Total XCEL ENERGY $386.32 10100 BANK OF ELK RIVER $154,358.87 Fund Summary 10100 BANK OF ELK RIVER 101 GENERAL FUND $51,721.53 201 PAVEMENT AND TRAIL MANAGEMENT $853.68 203 PARK DEVELOPMENT $899.98 250 Comm. Dev. & Bldg Safety $6,029.14 365 Quaday Debt Service -2004 Bond $18,945.00 414 Revolving Capital Improvements $663.00 601 WATER FUND $17,901.82 602 SEWER FUND $53,539.72 701 DEVELOPMENT ESCROWS FUND $2,805.00 702 BUILDERS ESCROW FUND $1,000.00 $154,358.87 ITEM 5-2 RESOLUTION NO.: 2009 -14 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPOINTING NORTHWEST ASSOICATED CONSULTANTS, INC. AS THE ZONING ADMINSTRATOR FOR THE CITY OF OTSEGO. WHEREAS, Chapter 20, Section 11 of the Otsego City Code establishes the position of Zoning Administrator to carry out administration and enforcement of the Zoning Ordinance; and, WHEREAS, the Zoning Administrator position is currently vacant with the retirement of Judy Hudson; and, WHEREAS, the City of Otsego is contracted with Northwest Associated Consultants, Inc. to provide professional planning services; and, WHEREAS, the City Council has determined that Northwest Associated Consultants, Inc. is qualified and capable for serving as the Zoning Administrator as part of its services to the City of Otsego; and, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO THAT Northwest Associated Consultants Inc. is hereby appointed as the Zoning Administrator for the City of Otsego. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 11th day of May 2009. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO I0 -Ya Jessica Stockamp, Mayor 2 ITEM 5_3 POLICY 1.01 CITY COUNCIL MEETING RULES Section 1.01.01 Purpose 1.01.02 Meetings 1.01.03 Agenda 1.01.04 Appearances 1.01.05 Attendance 1.01.01: PURPOSE: The purpose of this policy is to establish rules for City Council meetings pursuant to Minnesota Statute 412.191. 1.01.02: MEETINGS: A. The City Council shall hold regular meetings at 7:00 PM on the second and fourth Mondays of each month. B. Alternate meeting schedule: 1. Regular meetings of the City Council that occur on the following Federal holidays shall be held on the next calendar day at the same time as the regular meeting: a. New Years Day. b. Birthday of Martin Luther King Jr. C. Memorial Day. d. Independence Day. e. Labor Day. f. Veterans Day. g. Thanksgiving Day. h. Christmas Day. 1 2. Except as provided for above, the City Council may by majority vote schedule alternate times and/or dates for regular meetings or schedule special meetings and work sessions as needed. C. Emergency Meetings may be called when the City Council, members of the City Council, or Mayor determine that circumstances exist requiring immediate consideration by the City Council. Notice of Emergency meetings shall comply with Minnesota Statute 13D.04, subdivision 3. D. The Mayor shall preside at regular meetings, special meetings or work sessions. In the absence of the Mayor, the Mayor Pro Tempore shall preside to be followed in order of succession by seniority of the Council members present. E. All City Council meeting shall be conducted in accordance with Roberts Rules of Order Newly Revised. F. Minutes shall be taken of all City Council meetings and work sessions by the City Clerk or City Administrator and shall be approved by the City Council as part of a City Council regular meeting agenda. 1.01.03: AGENDA: A. The City Council agenda is prepared by the Administration Department. B. Items for the agenda and materials to be included in the City Council agenda packet must be submitted to the Administration Department by 8:00 AM on the Thursday prior to each City Council meeting. C. The City Council agenda is distributed to the City Council, City staff and posted on the City website on the Thursday prior to each City Council meeting. D. The City Clerk shall post the agenda for any City Council regular meeting, special meeting or work session at least three (3) days prior to the meeting, except in the case of emergency meetings. 1.06.04 PRESENTATIONS: A. Open Forum: The agenda of the regular meeting of the City Council shall include an open forum allowing any person wishing to speak the opportunity to address the City Council. 2. Persons wishing to speak shall step forward and be recognized by the Presiding Officer to speak during the open forum portion of the agenda. E 3. The City Council may, at its discretion, require a written summary of the topic the person wishes to address to the City Council. 4. The City Council may, at its discretion, limit the time for each person to speak during open forum. Those requiring additional time to address their topic shall make a request for a special presentation on a future City Council regular meeting agenda. 5. The City Council may, at its discretion, control repetitious, harassing or inappropriate comments at its discretion and can deny anyone abusing open forum access to the floor. B. Requests to make a special presentation before the City Council must be received by the City Clerk by 8:00 AM on the Thursday prior to the meeting at which the presentation is to occur. C. Requests to be placed on the City Council agenda for a special presentation are to be accompanied by a brief summary of the topic to be addressed. 1.06.05 ATTENDANCE: A. City Council members are asked to notify the Mayor, City Administrator and City Clerk if they will not be able to attend a scheduled City Council meeting, special meeting or work session. B. The following City staff will attend regular City Council meetings: City Administrator. 2. City Clerk. 3. Finance Director. 4. City Attorney. 5. City Engineer. 6. City Planner. 7. Other staff as requested by the City Council or City Administrator. C. City staff attendance at special meetings or work sessions shall be as requested by the City Council or City Administrator. 3 RESOLUTION NO.: 2009 -15 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION ADOPTING RULES FOR CITY COUNCIL MEETINGS PURSUANT TO MINNESOTA STATUE 412.191 THAT INCLUDES A CHANGE TO THE START TIME OF REGULAR MEETINGS OF THE CITY COUNCIL. WHEREAS, Minnesota Statute 412.191 provides that meetings of the City Council are to be conducted in accordance with adopted rules; and, WHEREAS, Minnesota Statute 13D.04 requires that a schedule of the regular meeting of the City Council be on file at City Hall; and, WHEREAS, City staff has prepared Policy 1.01 in the form attached hereto establishing rules for City Council meetings including a schedule for regular meetings of the City Council; and, WHEREAS, adoption of Policy 1.01 will change the start time of regular meetings of the City Council from 6:30 PM to 7:00 PM on the second and fourth Mondays of each month; and, WHEREAS, the change of the start time of the regular meetings of the City Council shall be effective as of the regular meeting on 13 July 2009; and, WHEREAS, the City Clerk shall keep Policy 1.01 on file at City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330 which may be reviewed during business hours. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO THAT POLICY 1.01 IS HEREBY ADOPTED IN THE FORM ATTACHED HERETO. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 26th day of May 2009. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO Jessica Stockamp, Mayor 2 ITEM 5.4 POLICY 1.02 ELECTED OFFICIAL OUT-OF-STATE TRAVEL POLICY Section 1.02.01 Purpose 1.02.02 General Guidelines 1.02.03 Criteria 02.01: PURPOSE: The City of Otsego recognizes that its elected officials may at times receive value from traveling out of the state for workshops, conferences, events and other assignments. This policy sets forth the conditions under which out of state travel will be reimbursed by the City. 1.02.02: GENERAL GUIDELINES: A. The event, workshop, conference or assignment shall be approved in advance by majority vote of the City Council and shall include an estimate of the cost of the travel. B. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. C. The City may make payments in advance for airfare, lodging and registration if specifically approved by the City Council; otherwise all payments shall be made as reimbursements to the elected official. D. The City will reimburse for transportation, lodging, meals, registration and incidental costs using the same procedures, limitations and guidelines outlined in the adopted Personnel Policy governing travel reimbursements for City employees. 1.02.03: CRITERA: In evaluating the out of state travel request, the Council will consider the following: A. Whether the elected official will be receiving training on issues relevant to the City or to their role as a City Council member. B. Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City of Otsego or on the official roles of local elected officials. C. Whether the elected official will be viewing a city facility or function that is similar in nature to one that is currently operating at, or under consideration by the City of Otsego where the purpose for the travel is to study the facility or function to bring back ideas for the consideration of the full City Council. D. Whether the elected official has been specifically assigned by the City Council to visit another city for the purpose of establishing a goodwill relationship such as a "sister -city" relationship. E. Whether the elected official has been specifically assigned by the City Council to testify or lobby on behalf of the City or Otsego at the United States Congress or to otherwise meet with Federal officials on behalf of the City of Otsego. F. Whether the City of Otsego has sufficient funding available in the adopted budget to pay the cost of the travel. RESOLUTION NO.: 09 -19 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION ADOPTING POLICIES FOR ELECTED OFFICIAL OUT OF STATE TRAVEL. WHEREAS, members of the City Council may travel out of state on behalf of the City in the course of their duties; and, WHEREAS, City Council deemed it necessary to have policies related to out of state travel by elected officials for official City business; and, WHEREAS, the City Council directed City staff to prepare Policy 1.02 in the form attached hereto establishing policies for elected official out of state travel; and, WHEREAS, the City Clerk shall keep Policy 1.02 on file at City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330 which may be reviewed during business hours. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO THAT POLICY 1.02 IS HEREBY ADOPTED IN THE FORM ATTACHED HERETO. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 26th day of May 2009. CITY OF OTSEGO BY: Jessica Stockamp, Mayor ATTEST: Tami Loff, City Clerk ITEM S_S Memo To: City Council From: Gary Groen Date: May 21, 2009 Re: Revision of the City's purchasing policy The Office of the State Auditor revised its statement of position on "City Bidding and Contract Requirements" in July 2008. The statement of position is updated to comply with state statutes. The City's purchasing policy is and can continue to be more restrictive than state statutes if the Council so desires. State statue requires that contracts over $100,000 require sealed bids, solicited by public notice, and awarded to the lowest responsible bidder. Contracts with an estimated value from $25,000 to $100,000 can be made by either sealed bids or by direct negotiations based on written quotations from at least two or more vendors. Contracts less than $25,000 may be completed using either written quotations or in the open market. The City's current policy requires the sealed bid process be used for all contracts with an estimated value over $50,000. City purchases from $5,000 to $50,000 can be made by either sealed bid or by written quotations. Purchases/contracts from $1,000 to $5;000 may be made completed by using either written quotations or in the open market. There are some exceptions to this purchasing process but current City policy and State statute do line up in those other areas. I am requesting the City Council revise the City's purchasing policy to agree with current state statutes. 0 Page 1 CITY OF OTSEGO PURCHASING POLICY Section I. Purpose The purpose of this policy is to establish the procedures for purchases made on behalf of the City of Otsego. This policy applies to employees and commission members only. It does not apply to contracted employees such as engineering, planning or attorneys. This policy has the following objectives: 1. To ensure that purchases comply with all applicable laws; 2. To ensure that taxpayers receive the lowest price and the best value for their tax dollars when the City purchases goods and services; 3. To provide clear and consistent guidelines for authorized City employees/purchasers to follow; 4. To limit the discretion of City officials and thus limit the possibility of fraud or favoritism. Section II. Purchasing Oversight The City Administrator or designee is responsible for the overall purchasing function. Department heads shall be responsible for purchasing items within their respective budgets. All contracts, bonds, and instruments of every kind to which the City is a party shall be signed by the Mayor and/or the City Clerk/Treasurer on behalf of the City and shall be executed in the name of the City. All credit applications must be submitted to and approved by the City Clerk/Treasurer. Section III. Purchasing Levels Department heads shall have the authority to authorize and/or approve purchases up to $1,000 based on appropriations contained in the City's Budget. The City Administrator shall have the authority to authorize and/or approve purchases up to $4,999 based on appropriations contained in the City's Budget. Purchases that are greater than $5,000, or items not appropriated through the annual budget, must be approved by the City Council prior to the commencement of the purchasing process. Section IV. Use of Purchase Orders Purchase orders will be required for all purchases greater than $5,000 and may be issued for lesser amounts if requested by the vendor. Council approval is required for all purchases greater than $5,000 before the purchasing process may begin whether or not the purchase was previously approved as part of the annual budget process. Before presentation of the purchase order to the vendor/contractor, the Department Head, Finance Director, and City Administrator must sign the Purchase Order. The Department Head must specify the source of funding for the purchase and fully complete the Purchase Order; the Finance Director must ensure adequate funding is available from the funding source and the City Administrator must provide assurance that City Council or his/her approval, as applicable, has been obtained for the purchase. These procedures apply to the purchase of supplies, materials, equipment, or the rental thereof, or the construction, alteration, repair, or maintenance of real or personal property. All purchases City of Otsego Purchasing Policy Page Two must be consistent with the approved annual budget. All telephone or verbal quotes must be followed with written confirmation. Section V. Purchasing Procedures Purchases may be made by the following methods: • Regular purchasing procedures • Price agreements • Emergency purchasing • Cooperative purchasing • Establish use of charge accounts 1. Purchases of less than $ 1,000 The purchase may be made in the open market by an authorized purchaser. The authorized purchaser may be any City employee with the approval of the Departmental Supervisor. Authorized purchasers are strongly encouraged to seek quotations from several vendors if the anticipated cost approaches $1,000. All original invoices, packing slips or other documentation should be forwarded to the finance department to begin the payment approval process as soon as possible. 2. Purchases from $1,000 to 54,999 The purchase should be based on a minimum of two (2) written quotations. Quotations may be obtained by telephone or in written form via facsimile, delivery service, or Internet. Quotations must have a specific date and time period for which they are valid. All quotations should be kept on file for a minimum of one (1) year and include the names of vendors providing the quotations, the amounts of the quotations, and each successful quotation signed and dated. Quotation files will be maintained in the finance department. If no quotations or only one quotation is received, the reason for the deviation from standard policy guidelines should be documented in writing and be attached to the invoice to be paid in the finance department. 3. Purchases from $5,000 to $50,000 The proposed purchase must be presented to Council for approval before the commencement of the purchasing process. The purchase may be made either via sealed bids or by obtaining two (2) or more written quotations, without advertising for bids or otherwise complying with the requirements of competitive bidding laws. Quotations may be obtained by telephone or in written form via facsimile, delivery service, or Internet. Quotations must have a specific date and time period for which they are valid. All quotations should be kept on file for a minimum of one (1) year and include the names of City of Otsego Purchasing Policy Page Three vendors providing the quotations, the amount of the quotations, and each successful quotation signed and dated. If quotations are obtained by phone, they must be followed up with a signed quotation to be considered a valid quotation. The quotations must be forwarded to the City Council for selection and approval. This approval shall be accomplished by an agenda write-up submitted for consideration at a regularly scheduled Council meeting. A Purchase Order must be completed. 4. Purchases exceeding $50,000 The proposed purchase must be presented to Council for approval before the commencement of the purchasing process. Purchases or contracts exceeding $50,000 require formal sealed bids solicited by public notice in accordance with Minnesota Statute 471.345, Subd.3. The purchaser shall prepare or cause to be prepared, the specifications, the advertisement to solicit sealed bids, the opening and tabulation of bids, and any necessary investigation of the bids. The City's designated representative shall recommend to the City Council which bid is the lowest, responsible bid. The City Council shall determine the lowest responsible bidder and shall accept such bid. In all cases, the City Council reserves the right to accept or reject any or all of the bids, and waive informalities therein. The City has reasonable discretion in determining the lowest responsible bidder. Not only must a successful bidder submit the lowest bid price and substantially meet the terms and conditions of the specifications, the low bidder must be considered "responsible" and have the capacity to perform the proposed contract. "Responsibility" includes such considerations as the bidders' financial responsibility, integrity, ability, skill, and likelihood of providing faithful and satisfactory performance. There is more latitude in purchasing items of equipment not capable of exact specifications. In making such a purchase, the City Council may exercise reasonable discretion in determining the lowest responsible bidder. The City Council may consider, in addition to the bid price, the quality, suitability, and adaptability of the article for its intended use. 5. Purchasing through Cooperative purchasing agreements (State Bids) In accordance with Minnesota Statutes Section 471.35, Subd. 15, a municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements in the statutes if the purchase is through a national municipal association's purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or quotations. Under these programs, several governmental units can enter into an agreement to authorize one party to solicit bids and provide for the purchase at the option of each participating governmental unit. Once the governmental units agree on the specifications of the item, one party may advertise for bids on behalf of all the parties that participate in the agreement. Rather than specify a specific number of items, the advertising participant will advertise for a range of quantities estimated for the entire group. Each participating City of Otsego Purchasing Policy Page Four unit can make the final decision on whether to purchase the items from the successful bidder. The City currently participates in the Cooperative Purchasing Venture (CPV) administered by the Minnesota State Board of Administration. 6. Purchase of professional services The purchase of professional services is exempt from the competitive bidding process described in the uniform contracting and bidding statutes. These services and contractual arrangements include engineering, planning, legal and others and will all be approved by the City Council. Travel All expenditures for travel and training need prior approval by the Department Head. The travel request will then be forwarded to the City Administrator for approval. The City has a separate travel reimbursement policy detailing this process. Invoice Approval All invoices received at the City offices, whether by mail, fax or delivery, shall be forwarded to the finance department. Original receipts, quotations, packing slips and other purchase documentation should also be forwarded to the finance department. In the finance department, invoices will be matched with other supporting documentation and invoices will be reviewed to determine the invoices are mathematically correct. The reviewed invoices will be placed in separate folders in the finance department for review and approval by the department head. Department Heads will be notified of any deficiencies in the documentation accumulated. Department heads shall review all invoices for expenditures of their departments and verify the validity of the charges. Department heads shall sign and appropriately code invoices after ascertaining that the goods or services have been delivered to the City in the quantities listed and that the amounts charged are correct. The packing list or other documentation of receipt should be attached to the signed invoice. Certain invoices are excluded from Department Head review and approval. These include monthly invoices which are allocated to departments based on employee costs or other factors, e.g., health insurance, life insurance, dental insurance, retirement funds, utilities, telephone invoices, refuse removal. However, if unusual or non- recurring charges appear on any of these invoices, Department head approval should be obtained prior to processing. Payments will only be made from the original invoice; payments from statements are not allowed. Employee reimbursements must be submitted on the approved form and must be signed by the employee and the Department Head. All non -mileage reimbursements must have the original receipts attached. City of Otsego Purchasing Policy Page Five Invoice Approval - continued All purchases/payments shall be reviewed and ratified by the City Council at their regular meeting before payments are released. In some instances, payroll and benefit related payments may need to be released prior to approval. Price Agreements Price agreements may be used to acquire items the City frequently purchases in small quantities, i.e. gasoline, propane, and heating fuel. A price agreement is a contract between the City and a vendor. Under it, the vendor agrees to supply all of the City's requirements for the specified commodity during the period of agreement. The price may be fixed or variable, such as a fixed discount from market price. Such price agreements expedite delivery, reduce paperwork, and generally result in lower prices. The estimated annual cost of the price agreement shall be considered in determining the appropriate purchasing procedure. Emergency Purchasing When an emergency occurs that may jeopardize public safety or the health and welfare of employees or citizens, department heads may authorize a necessary emergency purchase. Department head emergency purchases and the reason for the purchase shall be reported in writing to the City Administrator within 24 hours. In an emergency situation, the City Council may dispense with the bidding requirements of state contract law. Before deciding if an emergency exists, the City Council shall consult with the city attorney. Disaster Purchasing The Mayor may declare a local disaster or emergency. The declaration shall not be continuing for a period in excess of three (3) days except by, or with the consent of, the City Council. A disaster may result from fire, flood, tornado, blizzard, destructive winds, or other natural causes, or from sabotage, hostile action, or from hazardous material mishaps or catastrophic measures, or emergencies that are technological in nature. During a declared emergency, the City may enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of persons and property, and providing assistance to victims of such disasters. The City may exercise such power as deemed necessary without complying with purchasing procedures prescribed by law pertaining to the performance of public work, entering into rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditures of public funds, including, but not limited to, publication of resolutions, publication of call for bids, provisions of personnel laws and rules, provisions related to low bids, and requirement for budgets. City of Otsego Purchasing Policy Page Six Use of Charge Accounts The City Clerk - Treasurer shall approve the establishment of charge accounts. The Finance Department shall keep a record of all persons authorized to sign on these accounts. Authorized persons will sign an authorized purchaser form and the city will forward this form to the participating establishments. The City will not be responsible for unauthorized purchases. Date This policy becomes effective upon adoption by the City Council. sst ,�1 d�rrp " R STATE OF MINNESOTA OFFICE OF THE STATE AUDITOR ........ � . SUITE 500 (651) 296-2551 (Voice) 525 PARK STREET REBECCA OTTO SAINT PAUL MN 55103-2139 (dito 2 state. 5 (Fax) state.auditor(u�state.mn.us (E-mail) STATE AUDITOR 1-800-627-3529 (Relay Service) Statement of Position City Bidding and Contract Requirements City officials and employees often face difficult decisions related to city contracts. In addition to finding the right products at the right prices, they must follow various state laws that govern the bidding and contracting process. The Office of the State Auditor has found that confusion exists about some of the required procedures and other legal requirements applicable to city contracts. This Statement of Position provides general information on bidding and contract requirements. I. Uniform Municipal Contracting Law Most city officials and employees recognize that some contracts must be awarded based on formally solicited bids. Because the legislature has altered the bid law in recent years, we have prepared the following up-to-date overview. The Uniform Municipal Contracting Law sets out procedures that cities must follow for contracts to sell, purchase or rent supplies, materials, or equipment, or to construct, alter, repair or maintain real or personal property. The procedures to follow depend on the estimated amount of the contract. Of course, estimates should be reasonable. For example, if a city asks for quotations because it estimates the value of a contract will be below the bid threshold but all of the quotations are substantially over the threshold, the city should solicit formal bids. Contracts estimated to have a value over $100,000 must be made by sealed bids, solicited by public notice, and awarded to the lowest responsible bidder.' Bids should be retained for the period specified in the city's records retention schedule.2 The requirement that the successful bidder be "responsible" protects cities from having to choose unqualified or unscrupulous low bidders. It allows a city council to consider factors such as the bidder's financial responsibility, integrity, skill and ability, and the likelihood that the bidder will do satisfactory work.3 A city can even include evaluation 1 Minn. Stat. §§ 471.345, subd. 3 (2008), 412.311 (2008). As an alternative, the law allows electronic reverse auction purchases and electronic sales if certain conditions are met. See Minn. Stat. § 471.345, subds. 16, 17 (2008). 2 The General Records Retention Schedule for Cities (2008) provides a ten-year retention period for most accepted bids and a six-year retention period for rejected bids. Rejected bids should be kept for at least the period during which a disappointed bidder could challenge the city council's contract award. 3 Kelling v. Edwards, 134 N.W. 221 (Minn. 1912). Reviewed: July 2008 Revised: July 2008 2007-1007 criteria for "responsible" bidders in the bid specifications.4 Contracts estimated to be worth more than $25,000, up to $100,000, can be made either by sealed bids or by direct negotiation based on quotations. Two or more quotes must be obtained if possible, and the quotations must be kept on file for at least one year. Contracts with estimated values of $25,000 or less may be made either upon quotation or in the open market. If quotations are used, at least two quotations must be obtained if practicable, and the quotations must be kept on file for at least one year. II. "Best Value" Procurement Alternative In 2007, the Minnesota Legislature authorized cities and other government entities to use a "best value" procurement process for "construction, building alteration, improvement or repair [and maintenance] contracts ."5 This alternative procurement process is being phased in for various types of local governmental entities. For cities, counties and large school districts, best value procurement became available on July 1, 2007.6 Best value procurement is a process based on competitive proposals (as an alternative to bids) that awards the contract to "the vendor or contractor offering the best value, taking into account the specifications of the request for proposals, the price and performance criteria as set forth in [Minn. Stat. § 16C.02, subd. 4a] and described in the solicitation document. ,7 The price and performance criteria mentioned in the previous paragraph may include, but are not limited to: (1) the quality of the vendor's or contractor's performance on previous projects; (2) the timeliness of the vendor's or contractor's performance on previous projects; (3) the level of customer satisfaction with the vendor's or contractor's performance on previous projects; (4) the vendor's or contractor's record of performing previous projects on budget and ability to minimize cost overruns; (5) the vendor's or contractor's ability to minimize change orders; (6) the vendor's or contractor's ability to prepare appropriate project plans; (7) the vendor's or contractor's technical capacities; (8) the individual qualifications of the contractor's key personnel; or (9) the vendor's or contractor's ability to assess and minimize risks. 4 Westra Constr. v. City of Minnetonka, No. A03-50, slip op. (Minn. Ct. App. Dec. 30, 2003). s Minn. Stat. §§ 412.311, subd. 2 and 471.345, subds. 3a, 4a, and 5 (2008). See generally 2007 Minn. Laws, ch. 148, art. 3. 6 Minn. Stat. §§ 16C.28, subd. la (2008). School districts are being phased in based on enrollment and towns will be able to use this alternative beginning July 1, 2010. Id. Minn. Stat. § 16C.28, subd. l(a)(2) (2008). Reviewed: July 2008 Revised: July 2008 2007-1007 "Performance on previous projects" does not include the exercise or assertion of a person's legal rights.8 The solicitation document must state the relative weight of price and other selection criteria. The award must be made to the vendor or contractor offering the best value applying the weighted selection criteria. If an interview of the vendor's or contractor's personnel is one of the selection criteria, the relative weifht of the interview must be stated in the solicitation document and applied accordingly. Personnel administering best value procurement procedures must be trained in RFP process for best value contracting for construction projects.10 III. Notice of Solicitation of Bids The notice that bids are being solicited must be published once in the city's official newspaper at least ten days before the last day for the submission of bids. As an alternative to publishing the notice in a newspaper, a city may put them on its website or in a recognized industry trade journal if certain steps (described below) are followed." IV. Alternative Dissemination of Bids and Requests for Proposals A political subdivision may use its web site or a recognized industry trade journal as an alternative method to disseminate solicitations of bids, requests for information, and requests for proposals. 12 If a political subdivision designates an alternative method to newspaper notice: L The political subdivision must continue to publish solicitations and requests in the newspaper for six months in addition to the alternative method. ii. The publication in the newspaper must indicate where to find the designated alternative method. iii. Alternative methods of publication must be in substantially the same format and for the same time period as is required for newspaper publication. 2. If, in the normal course of its business, a qualified newspaper maintains a web site, then as a condition of accepting and publishing public notices, the newspaper must agree to post all the notices on its B Minn. Stat. § 16C.02, subd. 4a (2008). 9 Minn. Stat. § 16C.28, subd. 1(c) (2008). 10 Minn. Stat. § 16C.03, subd. 19 (2008). 11 Minn. Stat. §§ 412.311(2008) (published notice), 331A.03, subd. 3 (2008) (alternative methods). 12 Minn. Stat. § 331A.03, subd. 3 (2008). Reviewed: July 2008 Revised: July 2008 2007-1007 web site during the notice's full publication period. 13 V. Electronic Bidding Municipalities now have authority for the following procedures related to purchases and sales: A. Reverse Auction Purchases—Minn. Stat. § 471.345, subd. 16 1. A municipality may contract to purchase supplies, materials and equipment (but not services), 2. using an electronic purchasing process in which vendors compete to provide the supplies, materials, or equipment at the lowest price in an open and interactive environment. B. Electronic Sales—Minn. Stat. § 471.345, subd. 17 1. A municipality may contract to sell supplies, materials, and equipment which is surplus, obsolete, or used, 2. using an electronic selling process in which purchasers compete to purchase the supplies, materials, or equipment at the highest purchase price in an open and interactive environment. VI. The Cooperative Purchasing Venture ("State Contract") As part of marketing, vendors sometimes say cities can purchase from them without bidding because they are on the "state contract" or they will sell at the state contract price. Cities should beware of this approach. The real name of the state contract is the Cooperative Purchasing Venture. It is a members -only joint powers program operated by the Minnesota Department of Administration. To purchase through it, cities must join. Cities cannot avoid the normal bidding requirements by simply purchasing at the state contract price or from a state contract vendor without joining the program and following its requirements. For additional information, visit the Cooperative Purchasing Venture website at http://www.mmd.admin.state.mn.us/cpv2.htm. VII. Cooperative Purchasing A municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association's purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. 14 " Minn. Stat. § 331A.02, subd. 5 (2008). 14 Minn. Stat. § 471.345, subd. 15 (2008). 4 Reviewed: July 2008 Revised: July 2008 2007-1007 VIII. Prompt Payment to Subcontractors City contracts that involve a prime contractor must require the prime contractor to pay subcontractors within ten days of the prime contractor's receipt of payment from the city for undisputed services provided by the subcontractor. 15 The contract must require the prime contractor to pay interest of 1.5 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time. IX. Performance and Payment Bonds For some contracts, cities must require contractors to provide a performance bond and a payment bond. This requirement applies to contracts over $75,000 for the performance of public work. The required performance bond benefits the city by ensuring that the work is completed according to the terms of the contract, while the required payment bond benefits subcontractors and people who provide labor and materials, by seeing that their claims for labor and materials are paid. 16 X. Withholding Certificates Before a city makes the final payment to a contractor under a contract requiring the employment of employees for wages, it must make sure the contractor and any subcontractors have complied with withholding tax laws. 17 Contractors and subcontractors show compliance by submitting a withholding affidavit to the Minnesota Department of Revenue. This can be done electronically or by mailing a completed Form IC 134, "Withholding Affidavit for Contractors." If a contractor or subcontractor has withheld taxes as required, the Department of Revenue will return an electronic confirmation or sign and return the Form IC 134, certifying compliance. For more detailed information, please refer to the cited statutes or the Minnesota Legal Compliance Audit Guide for Local Government, available at the Office of the State Auditor's website: www.auditor.state.mn.us. 15 Minn. Stat. § 471.425, subd. 4a (2008). 16 Minn. Stat. § 574.26 (2008). 17 Minn. Stat. § 270.66 (2008). Reviewed: July 2008 Revised: July 2008 2007-1007 ORDINANCE NO.: 09-05 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE ESTABLIHING THE SEPARATE OFFICES OF CITY CLERK AND CITY TREASURER. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 2 of the City Code is hereby amended to include the following provisions: SECTION 7 CITY OFFICERS AND EMPLOYEES Section: 2-7-1 City Clerk and City Treasurer 2-7-1: CITY CLERK AND CITY TREASURER: A. Separate offices of the City Clerk and City Treasurer are hereby established pursuant to Minnesota Statue 412.02, Subd. 3. B. The accounting duties of the City Clerk are delegated to the City Treasurer and the City Council shall provide for an annual audit of the City's financial affairs in accordance with the minimum procedures prescribed by the State Auditor C. The City Clerk and City Treasurer shall be appointed by resolution of the City Council. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 26th day of May, 2009. ATTEST: Tami Loff, City Clerk PA CITY OF OTSEGO MIN Jessica Stockamp, Mayor ITEM 5.7 RESOLUTION NO.: 2009 -16 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPOINTING THE CITY CLERK OF THE CITY OF OTSEGO. WHEREAS, the City Council has adopted Section 2-7-1 of the City Code establishing separate offices of the City Clerk and City Treasurer; and, WHEREAS, the City Council had previously appointed Tami Loff to the position of City Clerk -Treasurer; and, WHEREAS, whereas the City Council has determined that Tami Loff is qualified for, and should continue to serve as City Clerk. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO THAT Tami Loff is hereby appointed as the City Clerk for the City of Otsego. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 26th day of May 2009. CITY OF OTSEGO la Jessica Stockamp, Mayor ATTEST: Tami Loff, City Clerk ITEM 5-8 RESOLUTION NO.: 2009-17 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA A RESOLUTION APPOINTING THE CITY TREASURER OF THE CITY OF OTSEGO. WHEREAS, the City Council has adopted Section 2-7-1 of the City Code establishing separate offices of the City Clerk and City Treasurer; and, WHEREAS, the City Council had previously appointed Tami Loff to the position of City Clerk -Treasurer; and, WHEREAS, whereas the City Council has determined that Finance Director Gary Groen is qualified for, and should serve as City Treasurer. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTSEGO THAT Finance Director Gary Groen is hereby appointed as the City Treasurer for the City of Otsego. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 26th day of May 2009. CITY OF OTSEGO 10371 Jessica Stockamp, Mayor ATTEST: Tami Loff, City Clerk ITEM 5_9 Otsego Police Commission Minutes April 14, 2009 Present: Jeff Stimac, Linda Lewis, Denise Andrusko, Jane Theisen, Mayor Jessica Stockamp, Paul Fields, John Hinnenkamp, Joel Torkelson, Sgt Darsow. Meeting was called to order at 6:35 PM. Agenda was approved unanimously as amended. March minutes were approved unanimously. Open Forum: - Easter event was a big success again. -59t Darsow will be switching to a different supervisory shift so we will be having a new Sergeant as a Wright County 50 representative. Old Business: 1. Road clean-up proposal was approved for $500 from the council. At this time, all is moving forward. Paul will meet with Brad Belair on the particulars of the program. There have been a few groups already showing interest in the program. 2. National Night Out- No new inquiries have been made to Denise. 3. Mc Gruff Coloring Contest- All of the entries have been submitted and will be judged by City staff. New Business: John will submit some new information to The Otsego View. (Motorcycle awareness, National Night Out, Road clean-up, Curfew, etc.) Line Items: Council meeting reports March 23- Paul reported that the Snowmobile Club was there. Adopt -a -Road was approved. Possible new liquor store coming to town. April 13 -John reported that there was nothing out of the ordinary. Council meeting assignments April 27- Linda May 11- Joel Meeting was adjourned at 7:45 PM. CompassTools Map it, Design it, Find it, Build it, Track it ITEM 5-10 QUOTATION Address: 12353 E. Easter Avenue Suite 200, Centennial CO 80112 Phone: 800 728-5066 Fax: 888 766-2488 e-mail: solutions@compasstoolsinc.com On the Web: www.compasstoolsinc.com To: GIS Rangers Blaine Hackett 2434 Virginia Cir Roseville, MN 55113 USA P h: (651)303-8490 Ext: Fx: CTIQUOTE# CTIQ7615 Date: 05/14/09 Terms: Upon receipt F.O.B.: Origin Contact: David Siddle IMPORTANT- Ordering Instructions: Minnesota State Contract Trimble Navigation, Ltd. has released all state GSA contracts to CompassTools. Please make PO as follows: CompassTools, Inc. 12353 E. Easter Ave Suite 200 Centennial CO 80112 5475 Kellenburger Road Fax PO 888-766-2488 The pricing is a true reflection of the rules and procedures associated with State of MN Contract. POP: Dec 4,'04 -Aug 2009 TNL DUNS # 124120655 CompassTools DUNS #171895837 TNL Tax ID# 94-2802192 CompassTools Tax ID # 20-0503884 Cnntract 9432278. Amendment 1. Release G208(5) Item # Qty Mfg Part # Description Unit Price Ext. Price Delivery All items include MN state contract 10% 1 discount. Approved D Siddle GSA- GeoXH Standalone System. 2 1 79000 -00 -GSA Decimeter accuracy, One-year warranty $5,125.00 $5,125.00 Stock standard. MSRP $5695 Approval All hardware will be charged and inspected for latest o/s and firmware. All in -stock orders will ship within 48 hours. Typically all items are in stock, may take 2 to 4 weeks depending on the product. Local tax and shipping charges will be applied unless specified Quote valid for 30 days Trimble 12 month Standard Warranty: Hardware, Pathfinder Office, TerraSync Professional. GPScorrect: 3 months. CompassTools can provide all your satellite imagery requirements from as little as $7.70 per square kilometer. so Approval All hardware will be charged and inspected for latest o/s and firmware. All in -stock orders will ship within 48 hours. Typically all items are in stock, may take 2 to 4 weeks depending on the product. Local tax and shipping charges will be applied unless specified Quote valid for 30 days Trimble 12 month Standard Warranty: Hardware, Pathfinder Office, TerraSync Professional. GPScorrect: 3 months. CompassTools can provide all your satellite imagery requirements from as little as $7.70 per square kilometer. j GSA- GPScorrect and ArcPad 8.0 Software 3 1 j 56914 -01 -GSA with GPS Analyst Software (GPS Analyst $2,695.00 $2,695.00 Bundle comes standard with 12 months enhancement eligibility) MSRP $2995 GSA -2 year Hardware Warranty Extension 4 1 47289 -72 -GSA (Must be purchased in conjunction with $405.00 $405.00 On line hardware to be extended) MSRP $450 SubTotal 5 $8,225.00 One Year Free Technical Support via Phon 6 1 365 days Tech Support or Email from CompassTools ($495 $0.00 $0.00 Stock standard cost Load Trimble software onto Trimble 7 1 Service -load s/w Handheld GPS unit. Requires Trimble $0.00 $0.00 Within 24hrs account set-up and registrants email address prior to registration. Service- Register Trimble 8 1 products Register Trimble hardware and or software. Requires Trimble account set-up and registrants email address prior to $0.00 $0.00 Within 24hrs registration. Tax will be added to order (Please send tax 9 1 Taxable exempt certificate if applicable) $0.00 $0.00 Will be added Shipping and Handling Cost UPS ground: 10 1 C-7-00141000-0000 tbd $0.00 $0.00 Approval All hardware will be charged and inspected for latest o/s and firmware. All in -stock orders will ship within 48 hours. Typically all items are in stock, may take 2 to 4 weeks depending on the product. Local tax and shipping charges will be applied unless specified Quote valid for 30 days Trimble 12 month Standard Warranty: Hardware, Pathfinder Office, TerraSync Professional. GPScorrect: 3 months. CompassTools can provide all your satellite imagery requirements from as little as $7.70 per square kilometer. KEY FEATURES Real-time H -Star technology for decimeter to subfoot accuracy in the field High-resolution VGA display for crisp and clear map viewing Bluetooth and wireless LAN connectivity options 1 GB onboard storage plus SD slot for removable cards Windows Mobile version 6 operating system Rugged handheld with all -day battery YOUR ULTIMATE SOLUTION FOR HIGH -ACCURACY ASSET MANAGEMENT For high -accuracy GIS data collection and asset relocation, the Trimble® GeoXH" handheld is the ultimate integrated solution. Engineered with H -Star" technology, the GeoXH handheld delivers decimeter (10 cm) to subfoot (<30 cm) accuracy when you need it, making it the ideal device for electric and gas utilities, water and wastewater services, land reform projects, and other applications where on -the -spot positioning is crucial. The unique GeoExplorer® 2008 series combines a Trimble GPS receiver with a rugged handheld computer, built for all -day use and packed with connectivity options. Technology this clever has never been more convenient. Subfoot accuracy when you need it When your GIS database requires the highest levels of accuracy, the GeoXH handheld is the answer. Using revolutionary Trimble H -Star technology, the GeoXH handheld delivers real-time subfoot (<30 cm) accuracy with the internal antenna, and decimeter (10 cm) accuracy with an optional Zephyr" external antenna. Back-office data processing is eliminated, streamlining asset inventories and as -built mapping jobs. Need to relocate assets in the field? The GeoXH handheld has you covered. Buried and hidden assets can be tracked down with ease, as the real-time high accuracy gets you straight to the point. Cables and pipes can be excavated without wasted effort or risk of damage to nearby assets. Packed full of power With a powerful 520 MHz processor, 128 MB RAM, and 1 GB of onboard storage, the GeoXH handheld is a high performance device designed to work as hard as you do. The handheld gives you all the power you need to work with maps and large data sets in the field, and its high resolution VGA display allows for crisp and clear viewing of your data. The GeoXH handheld is powered by the industry -standard Windows Mobile® version 6 operating system so you can choose a software solution designed for your field requirements, whether off-the-shelf or purpose-built. The Windows Mobile 6 operating system includes familiar Microsoft® software, including Word Mobile, Excel Mobile, and Outlook® Mobile, giving you all the tools you need for a seamless exchange of data between the field and the office. Get the data you need, when you need it With the GeoXH handheld you have the flexibility to work exactly the way you want to. Use the built-in wireless LAN connection to access your organization's secure network and get the most up-to- date information. And with Bluetooth® wireless technology, the GeoXH handheld offers wireless connection to a Bluetooth - enabled cellular phone for access to the Internet to receive real-time corrections from a VRS'" network and background map data. You can also wirelessly connect to other devices such as Bluetooth -enabled laser rangefinders and barcode scanners for convenient cable -free solutions that keep you productive in the field. Built for the field The GeoXH handheld has an integrated battery, good for a full day's work; simply charge the battery overnight and you're ready to go again. The GeoXH handheld will last the distance, and its rugged design can take a lot of punishment. Rain, hail or shine, it's built to keep working, whatever the weather throws at you. When accuracy is critical Rugged design and powerful functionality are the hallmarks of the GeoExplorer series. And now with H -Star technology providing decimeter to subfoot accuracy in real time, the 2008 series GeoXH handheld is your ultimate solution for high -accuracy asset management. When accuracy is critical, the GeoXH handheld delivers—with unprecedented efficiency and reliability, when and where you need it. Olrimble. STANDARD FEATURES System • Windows Mobile 6 (Classic edition) • VGA display (480 x 640), sunlight -readable color touchscreen • Integrated Bluetooth 1.2 wireless technology • Integrated 802.11 big wireless LAN • Ergonomic cable -free handheld • Rugged and water-resistant design • All -day internally rechargeable Li -ion battery • Marvell 520 MHz XScale processor • 128 MB RAM • 1 GB non-volatile Flash data storage • Sealed SD/SDHC card slot • Integrated speaker and microphone GPS • Integrated high-performance GPS/SBASIreceiver and 1-1/1-2 antenna • H -Star technology for subfoot (<30 cm) real-time or postprocessed accuracy • Decimeter (10 cm) accuracy with an optional external Zephyr antenna • RTCM and CMR real-time correction support • TSIP and NMEA' protocol support • EVEREST" multipath rejection technology Standard Software • GPS Controller for control of integrated GPS and in -field mission planning • GPS Connector for connecting integrated GPS to external ports • Microsoft Office Mobile • Transcriber (handwriting recognition) Standard Accessories • Support module • AC Power supply with International adapter kit • USB data cable • Stylus (x 2) • Screen protectors (2 -pack) • Quick Start Guide • Getting Started CD • Hand strap • Pouch OPTIONAL FEATURES Optional Software • TerraSync" software • Trimble GPScorreCtT" extension for ESRI ArcPad software • GPS Pathfinder® Tools Software Development Kit (SDK) • GPS Pathfinder Office software • Trimble GPS Analyst" extension for ESRI ArcGIS software • TrimPix'" software for wireless camera support. Download from www.t r i m b l e. c o m/t r i m p i x, a s p Optional Accessories • Power/serial clip (9 -pin RS -232 serial connector and power input) • Vehicle power adaptor' • Li -ion external power kit3 • Null modem cable' • Backpack kit • Hard carry case • Zephyr antenna kit • 2 meter range pole • Range pole bracket • GeoBeacon" receiver • Anti -glare screen protectors (2 -pack) O 2008, Trimble Navigation Limited. All rights reserved. Trimble, the Globe & Triangle logo, Geo Explorer, and GPS Pathfinder are trademarks of Trimble Navigation Limited, registered in the United States and in other countries. EVEREST, GeoBeacon, GeOXH, GPS Analyst. GPScorrect, H -Star TerraSyn4 Trim Pix, VRS, and Zephyr are trademarks of Trimble Navigation Limited. The Bluetooth word mark and logos are owned by the Bluetooth SIG, Inc. and any use of such marks by Trimble Navigation Limited is under license. Microsoft, Outlook, and Windows Mobile are either registered trademarks or trademarks of Microsoft corporation in the United States andlor other countries. All other trademarks are the property of their respective owners. PN 021501-161A (06108) David Siddle Colorado Sales Manager CompassTools, Inc. toll free 800 728-5066 mobile 303 881-4463 fax 888 766-2488 davids@compasstoolsinc.com www.compasstoolsinc.com CO, WY, NE, KS, NM, AZ, TX, MN, SD, ND YOUR LOCAL TRIMBLE OFFICE OR REPRESENTATIVE TECHNICAL SPECIFICATIONS Physical Size .......................... 21.5cmx9.9 cmx7.7cm(8.5inx3.9inx3.0in) Weight ........................................0.81 kg (1.79 lbs) with battery Processor ........................... 520 MHz Marvell PXA-270 XScale processor Memory ..........................128 MB RAM and 1 GB internal Flash storage Battery ....................................... Internal 7500 mAh lithium -ion Long baseline (30-80 km) .................................. 27.8 Watt-hours, rechargeable in unit Power usage Submeter Low (no GPS or backlight) ........................................... 1.8 Watts Normal (with GPS and backlight4).................................... 3.2 Watts High (with GPS, backlight°, Bluetooth, and wireless LAN)' ............... 4.3 Watts Environmental Operating temperature ....................... -20 OC to +60 °C (-4 OF to 140 OF) Storage temperature ......................... -30 °C to +70 °C (-22 OF to 158 °F) Casing ....... Dust -proof and resistant to heavy wind -driven rain per IP 65 standard Slip -resistant grip, shock and vibration resistant Drop .....................0.9 m (3 ft) MIL -STD -81 OF, Method 516.5, Procedure IV Input/Output Expansion .............................. SD card slot (SO or SDHC storage cards) Display ............ 8.9 cm (3.5 in) VGA (480 x 640 pixel) TFT, 16 bit (65,536) colors LED backlight Interface...............Touch screen, 10 hardware control keys, power status LED Audio system events, warnings, and notifications Soft Input Panel (SIP) virtual keyboard and handwriting recognition software Audio .................... Microphone and speaker, record and playback utilities UO ........................................ USB 1.1 client via support module Serial via optional 9 -pin RS -232 power/serial clip adaptor Radios' .................................Bluetooth 1.2, Wireless LAN 802.11b/g GPS Channels ....................... 26 (12 L1 code and carrier, 12 L2 carrier, 2 SBAS) Integrated real-time .............................SBAS (dual -channel tracking) Update rate........................................'.................1 Hz Time to first fix..........................................30 seconds (typical) Protocols Data output.......... TSIP, NMEA-0183 v3.0 (GGA, VTG, GILL, GSA, ZDA, GSV, RMC)' Real-time corrections ...........................RTCM 2.x, RTCM 3.0, CMR, CMR+ Accuracy (HRMS)' after differential correction EUROPE &AFRICA Real-time positioning Trimble GmbH H -Stare with internal antenna (within a VRS network, or <80 km).. Subfoot (<30 cm) H -Stare with optional Zephyr antenna 65479 Raunheim Short baseline (within a VRS network, or <30 km) ....................... 10 cm Long baseline (30-80 km) .................................. Subfoot (<30 cm) Code corrections (SBAS' or external correction source) .................. Submeter Postprocessed positioning H -Stare with internal antenna (<80 km, or 3 bases within 200 km) . Subfoot (<30 cm) H -Stare with optional Zephyr antenna Short baseline (<30 km) ............................................. t0 cm Long baseline (30-80 km, or 3 bases within 200 km) ..................... 20 cm Code postprocessed ................................................Submeter 1 SBAS (Satellite Based Augmentation System). Includes WAAS available in North America only, EGNOS available in Europe only, and MSAS available in Japan only. 2 NMEA output of real-time H -Star corrected data is not supported. 3 Power/serial clip also required. 4 With backlight at default setting (50% brightness). 5 Power draw will vary depending on radio usage. 6 Bluetooth and wireless LAN type approvals are country specific. Geo Explorer 2008 series handhelds have Bluetooth and wireless LAN approval in the U.S. and in most European countries. For further information please consult your local reseller 7 Horizontal Root Mean Squared accuracy, ?-sigma (63%). Requires data to be collected with minimum of 5 satellites, maximum PDOP of 6, minimum SNR of 39 dBHz, minimum elevation of 15 degrees, and reasonable multipath conditions. Ionospheric disturbances, multipath signals or obstruction of the sky by buildings or tree canopy may degrade precision by interfering with signal reception. Except when using VRS corrections, accuracy varies with proximity to base station by +1 ppm for postprocessing and real-time. 8 H -Star specified accuracy is typically achieved within 2 minutes. Requires data to be collected using Trimble field software. Specifications subject to change without notice. NORTH & SOUTH EUROPE &AFRICA AMERICA Trimble GmbH Trimble Navigation Limited Am Prime Parc 11 10355 Westmoor Drive 65479 Raunheim Suite #100 GERMANY Westminster, CO 80021 +49-6142-2100-0 Phone USA +49-6142-2100-550 Fax +1-720-587-4574 Phone +1-720-587-4878 Fax () Bluetoothm ASIA -PACIFIC & MIDDLE EAST Trimble Navigation Singapore PTE Limited 80 Marine Parade Road #22-06 Parkway Parade Singapore, 449269 SINGAPORE +65-6348-2212 Phone +65-6348-2232 Fax 10.2 k. Trimble. www.trimble.com storeArimble.com CITY OF OTSEGO PERSONNEL POLICIES Adopted Date: TABLE OF CONTENTS SECTION PAGE 1 PURPOSE AND INTENT 1 1-1 Purpose 1 1-2 Intent 1 1-3 Duration of Employment 1 1-4 City Council Responsibilities 1 1-5 Applicability 1 1-6 Non -Discrimination 2 1-7 Definitions 2 1-8 Provisions Superceded in Certain Cases 4 2 ORGANIZATION 4 2-1 Job Descriptions 4 2-2 Assigning and Scheduling Work 5 2-3 Classification of Duties 5 2-4 Reclassification 5 2-5 Demotion 5 2-6 Reduction of Workforce 6 2-7 Layoff 6 3 EMPLOYEE RECRUITMENT AND SELECTION 6 3-1 Scope 6 3-2 Features of the Recruitment System 6 3-3 Examinations 7 3-4 Unlawful Acts 8 3-5 Pre-employment Medical Exams 8 3-6 Selection 9 3-7 Report of Personnel Changes 9 3-8 Employment of Family Members 9 3-9 Affirmative Action/EEO Policy Statement 10 3-10 Probationary Periods 10 4 COMPENSATION 11 4-1 General 11 4-2 Paychecks 12 4-3 Overtime/Compensatory Time 12 Non -Exempt Employees 12 Exempt Employees 13 Requirement to Work Overtime 14 SECTION PAGE 4-4 Salary Review 14 4-5 Meal Breaks and Rest Periods 15 5 EMPLOYEE BENEFITS 15 5-1 Eligibility 15 5-2 Retirement Benefits 16 Guidelines for Accrual of Vacation Public Employees Retirement Association 16 18 Deferred Compensation 16 5-3 Insurance Benefits 16 5-4 Medical and Dependent -Care Flexible Benefits Plans 16 6-3 Family and Medical Leave Medical Expense Reimbursement Plan 17 21 Dependent -Care Assistance Plan 17 5-5 Continuation of Benefits 17 6 LEAVES OF ABSENCE 18 6-1 Vacation and Personal Leave 18 Vacation 18 Personal Leave 18 Guidelines for Accrual of Vacation and Personal Leave 18 Administration of Vacation and Personal Leave 19 6-2 Holidays 19 Administration of Holiday Leave 20 Holiday Overtime 20 6-3 Family and Medical Leave 21 Reasons for Family and Medical Leave 21 Service Member Family Leave 21 Definitions 21 Eligibility 22 Length of Leave 22 Leave Year 23 Notice 23 Medical Certification 23 Re -certification 24 Intermittent Leave 24 Fitness for Duty Certification 25 Job Protection 25 Effect on Benefits 25 Records Retention 26 Failure to Return from FMLA Leave 26 SECTION PAGE 6-4 Administrative Leave 27 6-5 Adverse Weather 27 6-6 Job -Related Injuries and Illnesses 27 6-7 Employees With Health -Related Work Restrictions 28 6-8 Parenting Leave 28 6-9 Emergency/Funeral Leave 29 6-10 Military Leave 29 6-11 Jury Duty Leave 30 6-12 School Conference Leave 31 6-13 Elections/Voting 31 6-14 Leaves of Absence Without Pay 31 7 PERFORMANCE REVIEWS 32 7-1 Purpose 32 7-2 Guidelines 33 8 EMPLOYEE EDUCATION AND TRAINING 33 8-1 Purpose and Guidelines 33 Policy Guidelines 33 Administration Guidelines 34 8-2 Memberships and Dues 35 8-3 Travel Reimbursement 35 Purpose 35 Procedures 35 9 PUBLIC PURPOSE EXPENDITURES 37 8-1 General 37 8-2 Definitions 37 8-3 Public Purpose Guidelines 37 8-4 Financial Considerations 39 10 EMPLOYEE RESPONSIBILITY 39 10-1 General 39 10-2 Citywide Work Rules and Code of Conduct 40 Appearance 40 Attendance 40 Absence Procedure 40 10-3 Conflict of Interest 41 10-4 Receipt or Solicitation of Gifts 42 10-5 Political Activity 43 SECTION PAGE 11 HARASSMENT 43 11-1 General 43 11-2 Sexual Harassment 44 Definition of Sexual Harassment 44 Examples of Inappropriate Conduct 44 Reporting and Investigation Requirements 45 Reprisal 46 12 DISCIPLINE 46 12-1 General 46 12-2 Work Rule Offenses 46 12-3 Process 50 Oral Reprimand 50 Written Reprimand 50 Suspension 51 Discipline 51 12-4 Notice of Reasons for Termination 52 12-5 Reports of Disciplinary Action 52 13 SAFETY 52 14 DRUG AND ALCOHOL USE 52 15 POLICY PROHIBITING EMPLOYEE POSSESSION OF FIREARMS 52 16 CONFIDENTIALITY/DATA PRACTICES 53 16-1 Data Practices Advisory 53 16-2 Types of Data 54 Public 54 Private 54 Personnel 54 Summary 54 16-3 Public Personnel Data 55 Employee Personnel Data 55 Personnel Data on Applicants for Employment 55 16-4 Access To Data 56 Public 56 Private 57 SECTION PAGE 16-5 General Contents of Personnel Files 57 16-6 Tape-recording 58 16-7 Informed Consent 58 16-8 Security of Personnel Data 59 16-9 Supervisory Files 59 17 SEPARATIONS 60 17-1 Resignations 60 17-2 Severance Pay 60 18 MEDIA CONTACT/PRESS RELEASES 60 19 PERSONAL TELEPHONE CALLS 61 20 CELLULAR TELEPHONE USAGE 61 21 INTERNET/EMAIL 62 21-1 General 62 21-2 Appropriate Use Defined 62 21-3 Internet Use Expectations 63 21-4 Confidentiality/Security 63 21-5 Consequences of Misuse 64 22 CITY VEHICLE USE 64 22-1 General 64 22-2 Vehicle Maintenance 65 22-3 Vehicle Accidents 65 EMPLOYEE ACKNOWLEDGEMENT FORM 66 SECTION 1 - PURPOSE AND INTENT SECTION. 1-1 PURPOSE Public employees have a high degree of visibility to the general public and therefore must exercise their duties with particular care and caution to ensure prompt, efficient, high quality services for the public. It is the purpose of these personnel policies to establish a uniform and equitable system of personnel administration for employees of the City of Otsego. They are not intended to be all-inclusive nor to cover every situation that may arise. These policies may be amended at any time at the sole discretion of the City and they will supersede all previous personnel policies. SECTION 1-2 INTENT 1-2.1 The policies herein are not terms and shall not be regarded as or construed as contractual provisions. 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 relationship, wherein the employee may terminate his/her employment at any time for any reason and the city may terminate an individual's city employment at any time for any reason. 1-2.2 These policies are not an employment contract, nor should they be construed as one. Personnel policies are adopted and applied at the discretion of the City Council and may be withdrawn, applied, or amended at any time. SECTION 1-3 DURATION OF EMPLOYMENT After an employee has successfully completed the probationary (training) 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 designations. 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 1-4 CITY COUNCIL RESPONSIBILITIES The City Council shall in accordance with its statutory responsibility to manage the City, be responsible for the maintenance and periodic revision of personnel policies and the City's personnel program. SECTION 1-5 APPLICABILITY 1-5.1 The provisions of these policies shall cover all "regular" and "probationary" full time and part time employees. Temporary/seasonal, intermittent and paid on call employees are excluded, except when specifically stated herein. 1-5.2 Elected officials, contract employees, contracted consultants, members of appointed City boards, commissions, and committees, volunteer personnel, and emergency employees are not within the scope of this Personnel Policy. 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 NON-DISCRIMINATION 1-6.1 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, sexual orientation, status with regard to public assistance, or disability. 1-6.2 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, sexual orientation, 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. SECTION 1-7 DEFINITIONS For policy purposes, the following terms shall have the meanings given herein: "BENEFIT -EARNING STATUS" - Status where employees are eligible for at least a prorated portion of employer provided benefits. Employees must work 24 or more hours per week on a regular basis in an ongoing position. (Temporary/seasonal, paid on-call, part-time (casual) and intermittent employees are excluded.) "CASUAL PART-TIME EMPLOYEE" - An employee who works in an ongoing non - benefit earning position of fourteen (14) hours or less per week. Employees in this category may work more than fourteen (14) hours per week on occasion but must not meet the definition of a public employee by State law (Chapter 179). Part-time (casual) employees accrue no seniority and earn no employment rights. "CITY" - City of Otsego "CITY ADMINISTRATOR" - City Administrator of the City of Otsego "COMPENSATORY TIME OFF" - Time taken off by nonexempt employees who worked more than 40 hours per week in lieu of paid overtime "CONTRACTUAL INDIVIDUALS" - Individuals who offer their services to the public and do not meet the criteria as an employee according to IRS regulations. Contractual individuals are appointed by the City Council under a fee basis, are not eligible for employment rights or benefits, are not considered employees and are not covered by the Personnel Policies with the exception of Non-discrimination and Harassment Policies. "DEMOTION" - Movement of an employee from one job class to another where the maximum salary for the new position is lower than that of the former position. This action may be voluntary or involuntary. "EXEMPT EMPLOYEE" - Employees who are assigned to executive, administrative, or professional positions which are exempt from the minimum wage and overtime compensation provisions of the Fair Labor Standards Act (FLSA). "HOLIDAY OVERTIME" - Payment equal to two times the regular hourly rate paid to employees who are required to work on a holiday. "INTERMITTENT EMPLOYEE" - Employee who has no regularly scheduled hours but fills in as needed. Employees in this status do not earn benefits or employment rights and average less than fourteen (14) hours per week. "NON-EXEMPT EMPLOYEE" - Employees assigned positions that are subject to the minimum wage and overtime compensation provisions of the Fair Labor Standards Act (FLSA). "OVERTIME PAY" - Payment to non-exempt employees for services performed in excess of 40 hours per week required by applicable state and federal overtime laws or by written personnel policies. "PROBATIONARY PERIOD" - A specified period of time at the beginning of employment (or the beginning period of a promotion, reassignment or transfer) that is designated as training or trial period. The probationary period is considered the last part of the selection process. "PROMOTION" - Movement of an employee from one job class to another within the City, where the maximum salary for the new position is higher than that of the former position. "REGULAR EMPLOYEE" - An employee who has successfully completed all stages of the selection process including the training or probationary period. "REGULAR FULL-TIME POSITION" - A group of duties and responsibilities requiring the employment of a person for at least forty (40) hours per week throughout the year, from year to year, and which have been defined as regular full time by the City Council. "REGULAR PART-TIME POSITION" - 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. "TEMPORARY/SEASONAL POSITION" - A group of duties and responsibilities requiring employment of an individual for six months or less without regard to the number of hours worked per day or per week by the individual. "TIME AND A HALF" - The rate of pay to be compensated to non-exempt employees who work over 40 hours in a week. The rate of pay shall be one and one-half times the regular hourly rate for every hour of overtime worked. SECTION 1-8 PROVISIONS SUPERSEDED IN CERTAIN CASES 1-8.1 No provision of this Policy is intended to violate, supersede, or conflict with any applicable Constitution, statute or regulation, whether state or federal, 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 2 - ORGANIZATION SECTION 2-1 JOB DESCRIPTIONS 2-1.1 The City will maintain records of job titles and compensation by position and/or job class, job descriptions for each regular job class and other appropriate information. New positions can be developed as needed but shall be approved by the City Council in the budget process, or as needed prior to filling the position. 2-1.2 A classification is a group of positions sharing common duties and requirements. Positions within a class are assigned the same title and salary level. 2-1.3 A job description is prepared for regular full-time and part-time positions. Each description includes: title, department, supervisor's title, statement of position duties and responsibilities and specific statement of qualifications required to perform the essential requirements of the position. Good attendance and compliance with work rules and policies are essential requirements of all City positions. 2-1.4 Prior to posting a vacant position, the existing descriptions and qualifications for each position are closely examined by the City Administrator and the hiring department to ensure the qualifications do not present artificial barriers to employment. 4 2-1.5 A current job description is provided to each new employee. Supervisors revise job descriptions as necessary to describe the duties and responsibilities for which their employees will be held accountable during their upcoming performance periods. All changes are reviewed and approved by the department head and City Administrator, subject to City council approval. SECTION 2 — 2 ASSIGNING AND SCHEDULING WORK Assignment of work duties and scheduling work is the responsibility of the supervisor subject to the approval of the department head and/or Administrator. SECTION 2 — 3 CLASSIFICATION OF JOB DUTIES The classification of job duties will be the responsibility of the City Administrator. Assignment of job titles, establishment of minimum qualifications, and the maintenance of regular job descriptions and related records shall also be the responsibility of the City Administrator. SECTION 2 — 4 RECLASSIFICATION Positions sometimes change over time and some change in jobs is normal and expected. Occasionally, an employee's job will change so significantly that it no longer fits the employee's job classification. In these situations, the City may conduct a classification study. The study may result in a number of different findings: reclassifying the position to another existing classification, merging classes, creating a new classification, revising the job, or a determination that no change is needed. All classification changes must be approved by the City Administrator and are subject to City Council approval. SECTION 2 — 5 DEMOTION 2-5.1 Employees may be demoted if they have been found unsuited for the present position but may be expected to perform satisfactorily in a lesser position. Employees may also be demoted if their position(s) has been abolished or reclassified to a lower class. 2-5.2 A demoted employee's pay will normally be reduced to an amount consistent with the new job class. However, under certain circumstances, the City may elect to freeze the pay of employees who are demoted for reasons of reclassification, restructuring, or other organizational change, unrelated to performance. If the City freezes an employee's pay, their pay will normally be frozen until such time as annual adjustments increase the salary range for the demoted position above that of the employee's salary. 2-5.3 Employees who voluntarily demote or are demoted due to performance issues shall have their pay established within the range of the new classification at a level determined by the City Administrator. SECTION 2 — 6 REDUCTION OF WORKFORCE If it is necessary to reduce personnel, all efforts will be made to separate temporary/seasonal employees in affected job classes before regular and probationary employees in those job classes. Within these groups, the selection of employees to be retained shall be based on merit and ability or any other relevant factors as determined by the City Administrator, subject to approval of the City Council. SECTION 2 — 7 LAYOFF Employees who are laid off due to reduction in workforce shall be placed on a layoff list for up to six months. Employees terminated pursuant to reduction in workforce have no right of appeal, or any other procedure as set forth in this manual related to termination of employment for other reasons. If recalled to work within that six month period, seniority may be reinstated, excluding time in layoff status. Employees do not have the right to reinstatement. All reinstatement must be approved by the City Council. SECTION 3 - EMPLOYEE RECRUITMENT AND SELECTION SECTION 3 — 1 SCOPE The City Administrator will manage the hiring process for all regular positions within the City. All applications for full-time and part-time employment shall be submitted to the City Administrator's Office, or his/her designee, for consideration. The City Administrator will utilize department resources to assist in the process as appropriate. SECTION 3 — 2 FEATURES OF THE RECRUITMENT SYSTEM 3-2.1 Regular Position Vacancy Announcements: Position vacancies, for regular full- time and part-time positions, will normally be published by posting announcements on official City bulletin boards or the City website for at least ten (10) days. Such postings will normally specify the title and salary of the positions; the nature of the work to be performed; the minimum and essential requirements of the position; the time and place to apply; the closing date for receiving applications and other pertinent information. 3-2.2 Application Forms: Application shall normally be made on application forms provided by the Finance Department. Supplemental questionnaires may be required in certain situations. All candidates must complete required application materials, with original signatures, and ensure they are submitted by the application deadline in order to be considered for the position. The deadline for applying may be extended by the City Administrator. 3-2.3 Appointments and promotions in the City service shall be made according to merit and fitness related to the position being filled. Vacant positions will be filled as regular, casual part-time, paid -per -call, intermittent or temporary/seasonal appointment. Appointments may be made on a full or part-time basis. Part-time employees may be hired into a benefit -earning (24 or more hours per week) or non -benefit -earning (less than 24 hours per week) status. 3-2.4 Position vacancies may be filled on an "acting" basis as needed prior to filling a position through the normal process. The City Administrator will approve all acting appointments for regular positions. If a current employee is appointed to an acting position and is later hired to fill the regular appointment, with no break in service in the new position, the effective date of the regular appointment will be considered to be the date on which the acting appointment was made. Pay rate adjustment for acting appointments will be determined by the City Council with recommendations made by the City Administrator. 3-2-5 Employees who have left City service in good standing are eligible for reinstatement at the City's option. The City Administrator may reinstate seniority for benefit accrual purposes and/or pay, under special circumstances. SECTION 3 — 3 EXAMINATIONS 3-3.1 Applicant qualifications will be evaluated in one or more of the following ways: a training and experience rating; written test; oral test or interview; performance or demonstrative test; physical agility test, or other appropriate job-related exam. 3-3.2 Any tests for appointment in the City service shall be competitive tests which shall be open only to applicants who meet the minimum qualifications as stated on the job posting, or qualifications determined to be equivalent by the City Administrator. 3-3.3 The City Administrator will determine whether to post the position as a promotional or open competitive opportunity, subject to City council approval. 3-3.4 Positions designated as promotional only will normally be open to any City employee who has successfully completed six months of employment in a regular position. Temporary/seasonal, intermittent and casual part time employees are not eligible to apply for promotional -only positions. They are eligible to apply for open -competitive positions only. 3-3.5 Examination results: The examinations and results of examinations are confidential. Each person taking an examination shall be entitled to obtain their final score. Applicants who fail an exam will normally not be eligible to retake the exam for one year. This requirement may be waived by the City Administrator. 3-3.6 Method of Rating: Sound measurement techniques and procedures shall be used in rating tests and determining the individual and/or relative ranking of the candidates. 3-3.7 Candidates are required to attain at least a passing score on each component of the test in order to continue in the selection process. Access to the testing process may be limited to the top candidates based on job-related qualifications. 3-3.8 The City Administrator shall establish minimum qualifications for each position with input from the appropriate department head. All candidates must meet the minimum qualifications to be eligible to participate in the selection and testing process. SECTION 3 - 4 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 policy. SECTION 3 — 5 PRE-EMPLOYMENT MEDICAL EXAMS 3-5.1 The City Administrator may determine that a pre-employment medical examination, which may include a psychological evaluation, is necessary to determine fitness to perform the essential duties of any City position. Where a medical examination is required, the offer of employment will be made contingent upon successful completion of the medical exam. The medical exam will include a pre-employment drug test in accordance with the applicable Drug Testing policy. 3-5.2 Where these exams are required, they will be required of all candidates who are conditionally offered employment for a given job class. The information obtained during the medical exam will be treated as confidential medical records. 3-5.3 The exam will be conducted by a licensed physician designated by the City and the cost of the exam will be paid by the City. The physician will notify the City Administrator that a candidate either is or isn't medically able to perform the essential functions of the job, with or without accommodations and whether the candidate passed the drug test if applicable. If the candidate requires accommodation to perform one or more of the essential functions of the job, the City Administrator will confer with the physician and candidate regarding reasonable and acceptable accommodations. 3-5.4 The physician will inform the candidates of the results of their examination. If a candidate is rejected for employment based on the results, he/she will be notified of this determination and may request further explanation from the physician. SECTION 3 — 6 SELECTION 3-6.1 The selection process will be a cooperative effort between the City Administrator and the department head, subject to final hiring approval of the City Council. For regular full-time and part-time positions, the City Administrator will normally recommend the top candidate or candidates to the City Council who has final authority on all hires and promotions. The City Council may elect to interview any or all of the candidates for department head positions. 3-6.2 Hiring of temporary/seasonal, casual part-time and intermittent employees may be delegated to the department heads or their designee upon approval of the City Council. These latter appointments may be terminated by the department head at any time, subject to City Administrator approval. SECTION 3 — 7 REPORT OF PERSONNEL CHANGES The City Administrator 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 shall deem necessary. SECTION 3 — 8 EMPLOYMENT OF FAMILY MEMBERS 3-8.1 The City of Otsego is committed to the policy of equal opportunity when hiring, promoting and evaluating its employees. For purposes of this policy, immediate family includes: parent, stepparent, parent -in-law, child, stepchild, son- or daughter-in-law, sibling or sibling -in-law, grandparent, grandchild, legal guardian, or ward of an employee or elected official. 3-8.2 Members of an employee's immediate family shall be considered for employment based solely on the individuals' qualifications for vacant positions. However, the City will not employ an individual if the individual would be subject to administrative or supervisory control by a member of the individual's immediate family. These policies also apply to assigning, evaluating, transferring, disciplining or promoting an employee. 3-8.3 City employees shall not be involved in the hiring, recommending for hiring, discipline or promotion of any member of the employee's immediate family, nor placed in a position with authority to hire or supervise immediate family members. 3-8.4 The City shall not hire a member of the Mayor or a City Council member's immediate family while that elected official is in office nor for a minimum 180 days after an elected official is no longer in office. SECTION 3 — 9 AFFIRMATIVE ACTION/EEO POLICY STATEMENT 3-9.1 There shall be no discrimination of employees or applicants for employment based on race, color, creed, religion, ancestry, national origin, sexual orientation, disability, marital status, status with regard to public assistance, political affiliation, sex or age (except where sex or age is a bona fide occupational qualification). The City of Otsego will take Affirmative Action to ensure that all employment practices are free of such discrimination. 3-9.2 Such employment practices include, but are not limited to, the following: hiring, reclassification, demotion, transfer, recruitment, selection, layoff, disciplinary action, termination, rates of pay or other forms of compensation, and selection for training. 3-9.3 The City of Otsego will commit the necessary time and resources, both financial and human, to achieve the goals of Equal Employment Opportunity and Affirmative Action. Any employee of the City who does not comply with the Equal Employment Opportunity Policies and Procedures as set forth in this Statement and Plan will be subject to disciplinary action. SECTION 3 — 10 PROBATIONARY PERIODS 3-10.1 All newly hired full-time and part-time (benefit -earning) employees will serve a minimum of a twelve (12) month probationary period in the position. This period will be considered a training period. The training period is an integral part of the selection process, and will be used for observing the employee's work, or training the employee in work expectations, for assessing the employee's abilities, skills, and interest, and for rejecting any employee whose performance does not meet the required work standards or is otherwise not a good fit for the position. 3-10.2 Employees may be dismissed at any time during the initial probationary period. An employee so dismissed will not have the right to appeal unless the employee is covered by the Veteran's Preference Law, in which case the employee may request a hearing pursuant to Minnesota Statute 197.46. Probationary periods may be extended upon approval of the City Administrator. 3-10.3 Employees who are promoted, granted transfers or reassignments, or voluntarily demote, will be required to serve an additional probationary period up to six (6) months. Benefits will not be affected by the additional probationary period in these situations. H 3-10.4 Prior to the end of the probationary period, the department head will document the probationary employee's performance and will recommend that the employee either pass probation or be rejected for the position. This documentation should be submitted to the City Administrator at least two (2) weeks prior to the end of the probationary period and will be placed in the employee's personnel file. The City Administrator, with feedback from the department head, will make the final decision on whether the employee will become a regular employee or will be terminated, subject to concurrence by the City Council. 3-10.5 If the notification indicates the employee has successfully completed the probationary period and will be continued, the employee will become a regular employee within the meaning of this policy. The employee's length of service will be computed from his/her date of hire. 3-10.6 The City may terminate an employee at any time subject to requirements of applicable laws and rules. Nothing in this manual shall be construed to imply that after completion of the probationary period, an employee has any vested interest or property right to City employment. SECTION 4 — COMPENSATION SECTION 4 - 1 GENERAL 4-1.1 Employees of the city shall be compensated according to a schedule established by the City Council. Any wage or salary so established is the total remuneration for employment, but shall not prevent reimbursement for official travel or other expenses that 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. 4-1.2 Subject to MN Statute 179A.25, but notwithstanding any other law to the contrary, the city shall maintain equitable compensation relationships as prescribed by MN Stat. 471.991 to 471.999. 4-1.3 Temporary/seasonal, casual part-time and intermittent employees are not entitled to benefits, unless specifically provided herein under working on holidays. 4-1.4 Employees to whom the Fair Labor Standards Act applies shall be compensated for overtime work at one and one-half times their regular rate of pay for work over 40 hours per week. Compensatory time off shall be taken as approved by the department head for periods of not less than one (1) hour at a time. Employees may accrue up to forty (40) hours between December 1 and November 30 of the following year. Hours of compensatory time not taken by November 30 shall be paid to the employee as hours worked at the applicable rate of pay. Non-exempt temporary/seasonal employees, will be paid overtime for work in excess of forty (40) hours per week and will not receive or accrue compensatory time. ii 4-1.5 Work schedules for personnel shall be established by the appropriate department head with the approval of the City Administrator and the City Council. SECTION 4 — 2 PAYCHECKS 4-2.1 The workweek begins on Sunday at 12:01 a.m. and ends on the following Saturday at midnight. 4-2.2 Paychecks are normally issued every two weeks. Distribution of paychecks to City employees is to be accomplished in a timely manner using accurate, consistent procedures. When paydays fall on a holiday, checks are normally issued the day before the holiday. 4-2.3 Employees are responsible to notify the Finance Department of any change in status including changes in address, phone number, names of beneficiaries, marital status, etc. SECTION 4 - 3 OVERTIME/COMPENSATORY TIME 4-3.1 The City of Otsego has established this overtime policy to comply with applicable state and federal laws governing accrual and use of overtime. The City Administrator or designee will determine whether an employee is designated as "exempt" or "non-exempt", pursuant to the Fair Labor Standards Act. 4-3.2 Non -Exempt (Overtime -eligible) Employees: A. All overtime -eligible employees will be compensated at the rate of time and one-half for all hours worked over 40 in one workweek. Vacation and personal time do not count toward "hours worked" except during non-scheduled emergencies as determined by the City Administrator and/or Public Works Director. Holidays will count as time worked for purposes of computing overtime for non-exempt employees. B. Compensation will take the form of either time and one-half pay or compensatory time. Compensatory time is paid time off at the rate of one and one-half hours off for each hour of overtime worked. When earned compensatory time hours are used, they are considered hours worked for overtime purposes. C. The employee's supervisor must approve overtime hours in advance whenever possible. An employee who works overtime without prior approval may be subject to disciplinary action. D. Overtime earned will be paid at the rate of time and one-half on the next regularly scheduled payroll date, unless the employee and the department head mutually agree that the overtime will be banked as compensatory time in lieu of payment. 12 E. The maximum compensatory time accumulation is 40 hours. Compensatory time may exceed 40 hours only under circumstances that are determined to be public safety emergencies. Compensatory time may be earned from December 1 through November 30 each year. By November 301h each year all employees compensatory time must be used or paid as compensation. F. Employees may request and use compensatory time off in the same manner as other leave requests and each request must be approved by the Department Head. G. In order to comply with the provisions of the Federal and State Fair Labor Standards Acts, hours worked and leave time used by all non-exempt employees are recorded daily and reported on a biweekly basis. Each electronic time reporting form includes the approval of the employee and immediate supervisor. H. All compensatory time will be marked as such on official timesheets, both when it is earned and when it is used. The Finance Department will maintain compensatory time records. All compensatory time accrued will be paid when the employee leaves city employment at the hourly pay rate the employee is earning at that time. 4-3.3 Exempt (Salaried) Employees: A. Exempt employees are expected to work whatever hours are necessary in order to meet the performance expectations outlined by their supervisors. On occasion, they are required to work on Holidays, Saturdays or Sundays and these will not be considered extra workdays and they will not be compensated additionally for them. Exempt employees do not receive extra pay for the hours worked over 40 in one workweek. B. Exempt employees are paid on a salary basis. This means that they receive a predetermined amount of pay each pay period and are not paid by the hour. Their pay does not vary based on the quality or quantity of work performed, and they receive their full weekly salary for any week in which any work is performed. However, exempt staff are required to use paid leave when on personal business or away from the office for four (4) hours or more, on a given day, unless the City Administrator approves an exception. Absences of less than four (4) hours do not require use of paid leave as it is presumed that the staff member regularly puts in extra hours above and beyond the normal forty- (40) hour workweek. Over a sustained year period, it is expected that salaried employees shall put in at least as many hours as would an hourly employee considered to be full-time. 13 C. The City of Otsego will not make deductions from pay due to exempt employees being absent for jury duty or attendance as a witness in a legal proceeding but will require the employee to pay back to the city any amounts received by the employee as jury fees or witness fees, excluding mileage reimbursement. D. If the city inadvertently makes an improper deduction to the weekly salary of an exempt employee, the City will reimburse the employee and make appropriate changes to comply in the future. E. Employees must communicate their absence to the City Administrator or designee. FLSA Exempt employees shall complete an electronic time reporting form, on a biweekly basis, indicating exceptions to the normal work week (i.e. use of vacation, personal leave, holidays and other authorized leaves). Because exempt employees are required to work longer days at times, and come in on days off, their work hours may vary from a standard schedule. Their regular workdays shall be based upon their department schedule. 4-3.4 Requirement to Work Overtime: A. Overtime should be avoided but, when it is necessary, the immediate supervisor (or department head) must give specific approval prior to its being worked. Pre -authorization may be presumed by employees in emergency situations such as excess snowfall, flood, natural disasters, lift station malfunctions, or other similar situations where the immediate response of staff is required to avert endangerment of life, home or property. B. All employees, in all departments, are required to work overtime if requested by their supervisors as a condition of continued employment. Refusal to work overtime may result in disciplinary action. Supervisors will make reasonable efforts to balance the personal needs of their employees when assigning overtime work. SECTION 4 - 4 SALARY REVIEW 4-4.1 It shall be the general policy to review salaries and establish salary adjustments, in accordance with the City's Compensation Plan. 4-4.2 Salary ranges will normally be adjusted the first day of January each year as determined appropriate by the City Council, consistent with the City's Compensation Plan. 14 SECTION 4 — 5 MEAL BREAKS AND REST PERIODS 4-5.1 City employees, when working under conditions where the use of a break is practical, shall be granted the privilege of taking two fifteen (15) minute breaks during each work shift of eight (8) or more hours at a time specified by the immediate supervisor. A fifteen (15) minute break is measured from the time work is stopped until it is resumed. Break times may not be used to shorten the workday (e.g. Saving the two fifteen minute breaks to the end of the day and leaving after 7'/2 or 8'/2 hours - for those working eight (8) or nine (9) hour shifts is prohibited.) However, upon approval, the two 15 minute breaks may be combined to create a paid meal break approximately mid -way through a shift of eight hours or more. Exceptions may be approved by the department head, subject to agreement by the City Administrator. It is understood that employees may need to return to their duties during any paid break if the need arises to ensure continuity of services. 4-5.2 Employees working in City buildings shall normally take their break at the place provided for that purpose in each building. Employees working out-of-doors shall normally take their break at the location of their work. Employees whose duties involve traveling throughout the City may stop along the assigned route at a restaurant or other public accommodation for their fifteen (15) minute break. Exceptions may be approved by the supervisor or department head. SECTION 5 - EMPLOYEE BENEFITS SECTION 5 -1 ELIGIBILITY 5-1.1 Employee benefits mentioned in this section apply to all employees except temporary/seasonal, contract, part-time under 24 hours per week, intermittent, paid on call, or volunteers. 5-1.2 Employees who are hired for part time positions of 24 or more hours per week are eligible for pro -rated benefits. Such benefits will be pro -rated based on hours approved for the position and worked by the employee as compared to a full time position of two thousand eighty (2080) hours per year. 15 SECTION 5 — 2 RETIREMENT BENEFITS 5-2.1 Public Employees Retirement Association (PERA): All persons, with the possible exception of the City Administrator pursuant to State law, hired for regular full and part time positions and certain temporary/seasonal positions with the City of Otsego are members of the Public Employees Retirement Association. Employees shall have deductions made, as established by law from each payroll. 5-2.2 Deferred Compensation: 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 and probationary full time and benefit -earning part-time City employees. SECTION 5 - 3 INSURANCE BENEFITS 5-3.1 All regular and probationary full-time and part-time employees scheduled for 24 or more hours per week are eligible to participate in the City's Benefits Plan. 5-3.2 Insurance: A. Regular and probationary full-time employees are eligible for insurance coverage under the City -sponsored plans. Part-time employees hired to work 24 or more hours per week may elect to be covered under these insurance plans. City contributions for regular and probationary part-time employees will be pro -rated based on the positions' hours as approved by the City Council. B. The City provides group health and dental insurance for eligible employees. The City contribution toward health and dental insurance premiums and Health Savings Account (HSA) will be determined by the City Council on an annual basis. C. The City provides a City -paid $10,000 term life insurance policy and short- term and long-term disability insurance for eligible employees. The disability coverage pays weekly benefits beginning on the first day of disability caused by an injury or the eighth day of disability resulting from sickness. SECTION 5-4 Medical and Dependent Care Flexible Benefit Plans: 5-4.1 The City provides a flexible benefit plan that allows an employee to set aside pre- tax income for eligible medical and child care expenses for all regular and probationary full time and benefit -earning part-time City employees. These plans provide employees with a choice among different combinations of medical care benefits, dependent care benefits and direct compensation. 16 5-4.2 Participants may designate a portion of their compensation as Pay Conversion Contributions. These contributions may be applied toward the following benefits: A. Medical Expense Reimbursement Plan - This plan has been established by the City to help provide more complete medical coverage for those employees who_participate in the Employer's flex plan and who choose to make contributions to a medical expense reimbursement account. It is intended to provide reimbursement of deductibles, co -payments, and coinsurance amounts that a participant may be required to pay, as well as reimbursement of other eligible medical and hospitalization expenses covered by this plan. B. Dependent Care Assistance Plan - This plan has been established by the City for the benefit of employees who participate in the flex plan, and who choose to make contributions to a dependent care expense reimbursement account. It is intended to provide reimbursement for eligible expenses for the custodial care of a child or other eligible dependent when such custodial care is needed to enable the participant and his or her spouse (if applicable) to remain employed. 5-4.3 The Medical Expense and Dependent Care Plan Documents describe each benefit in detail. Participants are given a Summary Plan Description upon entering the Plan and the Plan document is retained on file in the City Finance Department for use by employees. SECTION 5 — 5 CONTINUATION OF BENEFITS 5-5.1 The City of Otsego, as required by law, provides continuation of benefits under Consolidated Omnibus Budget Reconciliation Act (COBRA) and Minnesota Continuation law. COBRA gives employees and their dependents that lose their health benefits due to a qualifying event the right to choose to continue group health benefits provided by their group plan for limited periods of time. Minnesota Continuation Law provides for continuation of group life insurance for a maximurr of 18 months. An administrative fee may apply to continuation of benefits. 5-5.2 Except for new employees still completing their first six months of employment, the City may continue an employee's city -paid contribution to health and dental insurance benefits while an employee is on qualifying leave pursuant to the City's long-term disability plan. In no case shall the city's contribution for health and dental insurance during long-term disability leave exceed six (6) months from the commencement of the leave. Any exceptions to this policy will require the approval of the Otsego City Council. 17 SECTION 6 - LEAVES OF ABSENCE SECTION 6-1 VACATION & PERSONAL LEAVE 6-1.1 Vacation: Vacation will accrue according to the following schedule for regular and probationary full-time employees: YEARS ACCRUAL PER VACATION IN OF EMPLOYMENT PAY PERIOD HOURS PER YEAR 0 through 1 year 1.54 hours 40 hours 2 through 5 years 3.08 hours 80 hours 6 through 9 years 4.62 hours 120 hours 10 through 14 years Eight hours additional for each year 15+ years 6.15 hours 160 hours The City Administrator can start a new employee at a higher vacation accrual rate subject to City Council approval. Changes in accrual rate will occur on the employee's anniversary date. Vacation accrual for part-time employees working 24 hours per week or more will be pro -rated based on scheduled hours. 6-1.2 Personal Leave: Employees will receive 40 hours of Personal Leave per year after their first year of employment (pro -rated for part-time benefit -earning employees). During the first year of employment, employees will receive a pro -rated amount based on the number of hours on payroll and the percentage of the calendar year they have worked. There shall be no accrual of Personal Leave. 6-1.3 Guidelines for Accrual of Vacation and Personal Leave: A. Both Vacation Leave and Personal Leave can be used for any reason. Vacation leave will normally be scheduled in advance with department approval. Personal leave should be scheduled in advance whenever possible. B. Employees may carry over up to 80 hours of vacation into the following anniversary year. On an exception basis, where an employee could not take vacation due to an exceptionally heavy workload or emergency, the City Administrator may approve up to an additional 40 hours of vacation for carry over into the following year. C. There shall be no carry over for Personal Leave; it must be used by December 31 of each calendar year or it will be forfeited. Any exceptions to this policy must be approved by the City Administrator. 18 D. An employee receiving payments under the City's short term or long-term disability insurance plan will not accrue vacation leave. Vacation Leave shall not be accrued by an employee during leaves of absence without pay. 6-1.4 Administration of Vacation and Personal Leave: The following procedures shall be followed in administering vacation and personal leave for full time and benefit -earning part time employees. A. Employees may not use Vacation in excess of the amount they have accrued. B. Vacation and Personal Leave cannot be transferred from one employee to another. C. Vacation Leave shall accrue during the probationary period. However, Vacation and Personal Leave shall not be available for use until after the first six months of employment. D. Supervisors shall establish procedures for scheduling leaves giving consideration to the needs of the City services and the ability of the remaining staff to perform work responsibilities. E. Vacation Leave can be used in increments of one hour or more. F. Personal Leave may be used in no less than thirty (30) minute increments. G. When non-exempt employees work less than their scheduled hours, they are required to use paid leave to cover the number of hours missed in the workweek. They may not use leave time to go over 40 hours per week except in cases of an emergency as described in Section 4-3.2A. When employees have used all eligible paid leave and compensatory time, any additional hours missed will be without pay. SECTION 6 - 2 HOLIDAYS The City observes the following nine (9) holidays to be official City holidays for regular (and probationary) full time and benefit -earning part-time employees if the holiday falls on a regularly scheduled workday. (See exception under 6-2.3C below for observed holidays.) Temporary/seasonal employees, intermittent and part-time employees who are hired for less than 24 hours per week are not eligible for paid holidays. New Year's Day (January 1 st) 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) 19 Labor Day (First Monday in September) Veteran's Day (November 11th) Thanksgiving Holiday (Fourth Thursday in November) Christmas Day (December 25th) 6-2.1 Holiday pay shall be paid based on the normal hours worked per day. If an employee normally works 10 hours on that day, they will receive 10 hours. If they normally work 8 hours on that day, they will receive eight hours and so on. 6-2.2 Floating Holiday - All regular and probationary full time employees will be eligible to receive one day or commensurate hours (dependent upon the number of regularly scheduled 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 their supervisor. 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 forfeited. The floating holiday will be pro -rated for part-time benefit -earning employees. 6-2.3 Administration of Holiday Leave 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. Probationary and regular full-time and part-time benefit -earning employees will be entitled to receive pay for official holidays at their regular straight time pay provided they have worked their last scheduled day prior and their first scheduled day after the official holiday, or if they are using approved vacation leave, personal leave or compensatory time on those days. C. 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. 6-2.4 Holiday Overtime All non-exempt employees, including: full-time, part-time, casual part-time, intermittent, and temporary/seasonal employees who are required to work on an actual or observed holiday shall receive two times their regular hourly rate for all hours worked on that day. This holiday overtime will be paid in addition to any holiday pay eligible employees would have been entitled to had they not been required to work. 20 SECTION 6 — 3 FAMILY AND MEDICAL LEAVE 6-3.1 Reasons for Family and Medical Leave In accordance with the Family and Medical Leave Act (FMLA), unpaid job protected leave will be granted to all eligible employees (male and female) for up to twelve (12) weeks per twelve (12) month period for any of the following reasons: A. Birth and care of a newborn child, pre -natal care or incapacity due to pregnancy, B. Placement of a child with the employee for adoption or foster care; C. To care for a spouse, son, daughter or parent who has a serious health condition; D. Inpatient Treatment; E. For a serious health condition, that makes the employee unable to perform the functions of the position; or F. Because of any qualifying exigency arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation. 6-3.2 Service Member Family Leave: An eligible employee who is the spouse, son, daughter, parent or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a 12 -month period to care for the service member with a serious active -duty -related illness or injury (see definition below). The leave described in this paragraph shall only be available during a single 12 -month period. The leave is allowed once per service member and once per injury. 6-3.3 Under the FMLA, the following definitions apply: "Caring" for someone includes psychological as well as physical care. It also includes acquiring care and sharing care duties. An eligible "son or daughter" is defined as a person under 18 years of age (or a person incapable of self-care because of a physical or mental disability) who is a biological, adopted, foster or step child, a ward of the employee, or a person with whom the employee is charged with a parent's rights, duties and responsibilities. For purposes of military qualifying exigency leave, the age limit is disregarded. 21 An eligible "parent" includes a biological parent or a person who was charged with a parent's rights, duties and responsibilities over the employee when the employee was under the legal age, but doesn't include in-laws. The term "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves: A. inpatient care in a hospital, hospice, or residential medical care facility; or B. continuing treatment by a health care provider. The term "serious injury or illness", in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating. FMLA is available for treatment of substance abuse when it qualifies as a "serious health condition" but not for an absence that was required because of use of a substance. The term "active duty" means duty under a call or order to active duty under a provision of law referred to in section 101(a) (13) (B) of title 10, United States Code. The term "contingency operation" has the same meaning given such term in section 101(a) (13) of title 10, United States Code. The term "covered service member" means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. 6-3.4 Eligibility: An eligible employee is one who has worked for the City for a cumulative period of twelve (12) months and worked at least 1,250 hours for the City during the twelve (12) month period prior to requesting the leave. Military service shall count toward the twelve month, 1,250 hour service requirement. Breaks in service for National Guard or Military Reserve duty shall also count toward the twelve (12) month, 1,250 hour requirement. 6-3.5 Length Of Leave: A. The length of FMLA leave (except for Military Caregiver purposes) is not to exceed twelve (12) weeks in any twelve (12) month period. The entitlement to FMLA leave for the birth or placement of a child expires twelve (12) months after the birth or placement of the child. 22 B. The length of leave for Military Caregiver purposes is not to exceed 26 weeks in any twelve (12) month period. C. Combined Leave Total - During the single 12 -month period described above for Military Caregiver Leave, an eligible employee shall be entitled to a combined total of 26 workweeks of leave under A and B. Nothing in this paragraph shall be construed to limit the availability of leave under paragraph A during any other 12 -month period. 6-3.6 Leave Year: The leave year begins on the first day of an employee's leave and continues for 12 consecutive months thereafter for purposes of this policy. 6-3.7 Notice: The employee is to give verbal or written notice at least thirty (30) days prior to the date on which the leave is to begin. The thirty (30) day notice requirement can be waived by the City if circumstances warrant. If an employee fails to give thirty (30) days notice for a foreseeable leave with no reasonable explanation for the delay, the leave may be denied until thirty (30) days after the employee provides notice. Planned medical treatment should be scheduled so that it will not unduly disrupt the City's operations. 6-3.8 Medical Certification: The employee may be required to submit medical certification to support a request for leave because of a serious health condition of a child, spouse, parent or the employee. A "Certification of Physician or Practitioner" form can be obtained from the Finance Department. It is to be completed by the attending physician or practitioner and submitted to the City Administrator within ten (10) days after requested, or as soon as is reasonably practicable. It must include enough facts to determine whether the certification is sufficient to warrant the leave of absence. A. For an employee with a serious health condition, it will be sufficient if it states: the date on which the serious health condition commenced; 2. the probable duration of the condition; 3. the appropriate medical facts within the knowledge of the health care provider regarding the condition; 23 B. For a leave for care for a son, daughter, spouse, or parent, it must provide an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, or parent. C. In the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, it must include the dates on which such treatment is expected to be given and the duration of such treatment; D. In the case of certification for intermittent leave, or leave on a reduced leave schedule, for a chronic serious health condition, it must include a statement of the medical necessity for the intermittent leave or leave on a reduced leave schedule, and the expected duration of the intermittent leave or reduced leave schedule; and E. For intermittent leave, or leave on a reduced leave schedule, for the care of the son, daughter, parent, or spouse who has a serious health condition, it must show it is medically necessary to care for that family member, or will assist in their recovery, and the expected duration and schedule of the intermittent leave or reduced leave schedule. F. The City may require a second (or third) opinion at the City's expense. If required, the City will select a health care provider not regularly associated with the City. 6-3.9 Re -certification: Re -certification may be required if the employee requests an extension of the original length approved by the City (up to a maximum of twelve (12) weeks) or if the employee's circumstances change. Re -certification may also be required if there is a question as to the validity of the certification or if the employee is unable to return to work due to the serious health condition. 6-3.10 Intermittent Leave: Leave requested because of a serious health condition of either a family member or the employee may be taken intermittently or on a reduced schedule if such leave is deemed to be medically necessary. All requests for intermittent leave will be evaluated on a case-by-case basis. Employees are required to make reasonable efforts to schedule leave that is foreseeable for planned medical treatment so the leave does not unduly disrupt City operations. The employer may require the employee to transfer temporarily to an alternative position, with equivalent pay and benefits that better accommodates the intermittent leave than the regular position. 24 6-3.11 Fitness For Duty Certification: The City may require a medical certificate attesting to the employee's fitness for duty prior to return to work. The fitness for duty report must be based on the particular health condition(s) for which the leave was approved and must address whether the employee can perform the essential functions of the job. The City Administrator may consult with a physician or other expert to determine reasonable accommodations for any employee who is a "qualified disabled" employee under the ADA (Americans with Disabilities Act). If a fitness for duty certification is required, the City may deny reinstatement until it is provided. 6-3.12 Job Protection: Employees returning from Family and Medical Leave will be reinstated in their former position or a position equivalent in pay, benefits and other terms and conditions of employment. An employee's reinstatement rights are the same as they would have been had the employee not been on leave. Thus, if an employee's position would have been eliminated or an employee would have been terminated but for the leave, the employee would not have the right to be reinstated upon return from leave. 6-3.13 Effect On Benefits: A. Health and Dental Insurance - An employee granted a leave under this policy will continue to be covered under the City's group health and dental insurance plan under the same conditions and at the same level of City contribution as would have been provided if they had been continuously employed during the leave period. If there are changes in the City's contribution levels while the employee is on leave, those changes will take place as if the employee were still on the job. The employee will be required to continue payment of the employee portion of all group insurance coverage, and the city's portion plus any required administrative fee, if applicable, for life insurance continuation, if continuation is desired. Employees must make arrangements with the Finance Department for payment of the employee's portion of premiums. If an employee's contribution is more than thirty (30) days late, the City may terminate the employee's insurance coverage (subject to COBRA requirements). B. Seniority - Seniority does not accrue during the period of unpaid Family and Medical Leave (except as allowed during a parental leave, USERRA or when the leave is covered by Worker's Compensation). However, seniority accrued prior to commencement of FNILA leave will not be lost. 25 C. Use Of Accrued Compensatory Time Or Paid Leave During Familv And Medical Leave - During the Family and Medical Leave, employees must use their accrued compensatory time prior to taking an unpaid leave unless their medical condition/injury is covered by worker's compensation or disability insurance, or the absence qualifies under the State Parental Leave law (see Parental Leave Policy - 6-8). Employees may use accrued vacation, if they so choose, after personal leave and compensatory time is exhausted. When personal leave and compensatory time have been exhausted, any remaining time will be unpaid except for vacation requested by the employee. D. Effect On Pension - FMLA leave counts as continued service for purposes of retirement or pension plans. E. Training - Employees who have missed training sessions while on FMLA leave will be given a reasonable opportunity to make them up. 6-3.14 Records Retention: Records on FMLA leave will be kept along with normal payroll records except that any medical record will be maintained separately as a confidential medical record in accordance with the law. 6-3.15 Failure To Return From FMLA Leave: A. Employees who cannot return from an approved Family and Medical Leave at the end of the approved leave period must request an extension (up to the maximum of twelve (12) weeks allowed). If the twelve (12) allowable weeks have already been used, the employee can request to go on a regular unpaid leave of absence. If approved, the employee will be required to pay the full cost of all group insurance, as allowed under COBRA, in order to continue coverage. See exception to this rule under Continuation Coverage, Section 5-5.2. B. If the unpaid leave of absence is not approved or the employee fails to request additional leave, the employee will be considered to have voluntarily quit in accordance with the Attendance Policy. C. If circumstances beyond the employee's control requesting additional leave, a retroactive leave subject to the City Administrator's approval. 26 prevented the employee from request may be allowed, D. If an employee fails to return from an FMLA leave and is determined to have voluntarily quit as described above, the City may seek reimbursement from the employee for the portion of the premiums paid by the City on behalf of that employee during the period of leave. Section 6 - 4ADMINISTRATIVE LEAVE Under special circumstances, the City Administrator or City Council may, at the City's discretion, place an employee on an administrative leave pending the outcome of an internal or external investigation or criminal proceeding. The leave may be paid or unpaid, depending on the circumstances, as determined by the City Administrator. Section 6 — 5 ADVERSE WEATHER City facilities will be open during adverse weather. Due to individual circumstances, each employee will have to evaluate the weather and road conditions in deciding to report to work (or leave early). Employees will be paid for hours worked. Public works maintenance employees would generally be required to report to work regardless of conditions. The City Administrator will decide whether conditions indicate a general excused absence for those unable to report to work due to the adverse weather. Employees shall take vacation, personal leave, floating holiday, compensatory time if eligible, or unpaid time. Decisions to cancel departmental programs (special events, after school programs, etc) will be made by the respective department head or his/her designee. Section 6 — 6 JOB RELATED INJURIES OR ILLNESS 6-6.1 All employees are required to immediately report all job-related illnesses or injuries to their supervisor immediately (no matter how minor). If a supervisor is not available and the nature of injury or illness requires immediate treatment, the employee shall go to the nearest available medical facility for treatment and, as soon as possible, notify his/her supervisor (and the managed care provider) of the action taken. If the injury is not of an emergency nature, but requires medical attention, the employee shall report it to the supervisor and call the managed care provider to schedule a medical appointment. 6-6.2 Worker's Compensation benefits and procedures to return to work shall be applied according to applicable State and Federal laws, and requirements of the City's Worker's Compensation Administrator. 27 6 - 7 EMPLOYEES WITH HEALTH-RELATED WORK RESTRICTIONS 6-7.1 At times employees may require job modifications, a leave of absence, or other action due to an injury, illness or a medical or psychological condition preventing them from performing one or more of their required duties. Employees are responsible for notifying their supervisor of any need for job modification or leave of absence. Each situation will be evaluated on a case-by-case basis consistent with applicable State and Federal laws. Medical documentation may be required. 6-7.2 Job modification, leaves, or other action may also be required when an employee cannot safely perform the job. This includes situations where exposure to potentially harmful situations or substances is likely to jeopardize the health or safety of the employee, coworkers, or the public. It also includes situations where an employee's work performance - or other indications- lead a supervisor to objectively conclude that the employee may not be able to perform the job or parts of the job safely. 6-7.3 The City Administrator will advise supervisors and department heads as to appropriate actions to take and/or job modifications needed. Job modifications will normally be temporary in nature unless required to be otherwise by law. At times, an outside resource may be called to assist in determining appropriate action. This may include the employee's physician, a City -appointed physician or psychologist, or a rehabilitation or occupational medicine specialist. 6-7.4 Employees are responsible to notify the Finance Department of any change in status including changes in address, phone number, names of beneficiaries, marital status, etc. 6 - 8 PARENTING LEAVE 6-8.1 Employees who work twenty (20) hours or more per week and have been employed more than one year are entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave may not exceed six weeks, and must begin not more than six (6) weeks after the birth or adoption of the child. 6-8.2 Employees are not required to use personal leave or vacation during parental leave but may use either at their option for any period of this leave. 6-8.3 The employee is entitled to return to work in the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage and City contributions will remain in effect during the six (6) week leave. 6-8.4 If the employee has any FMLA eligibility remaining at the time this leave commences, this leave will also count as FMLA leave. The two leaves will run concurrently until eligibility for either leave expires. 28 6-8.5 Seniority will continue to accrue during the six (6) week parental leave for eligible employees. Employees, who are not covered under the law, may receive up to a maximum of two (2) weeks unpaid leave that is not adjusted for seniority with authorization of the department head and City Administrator. SECTION 6 - 9 EMERGENCY/FUNERAL LEAVE 6-9.1 Emergency/funeral leave may be granted to regular and probationary full time and benefit -earning part-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 requires the continuous presence of the employee. See also Family and Medical Leave. 6-9.2 The term "immediate family" shall include spouse, parents and step-parents, children, step -children, grandparents, and brothers and sisters of the employee or employee's spouse. Relatives of the employee other than those above listed shall not be considered members of the immediate family for the purposes of this policy. 6-9.3 Paid emergency/funeral leave may be granted for one or two workdays where the supervisor concludes such leave is warranted. SECTION 6 -10 MILITARY LEAVE 6-10.1 Minnesota Statutes Section 192.26 and 192.261 provide that an employee of any municipality who is a member of the National Guard, the Naval Militia, the Officers Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval forces of the United States, is entitled to a leave of absence without loss of pay, seniority status, efficiency rating, or benefits for the time such employee is engaged in training or active service not exceeding a total of fifteen (15) days in any calendar year. 6-10.2 In accordance with State Law, the employee shall be granted an unpaid leave of absence when called to active duty. If an employee has not yet used their fifteen (15) days of paid leave when called to active duty, any unused paid time will be allowed prior to the unpaid leave of absence. 6-10.3 The leave of absence is only in the event the employee returns to employment immediately upon being relieved from military or naval service, or is prevented from returning by physical or mental disability or other cause not the fault of the employee, or is required by the proper authority to continue in military or naval service beyond the fifteen (15) day period allowed for the paid leave of absence. Notice shall be given the Employer at least fifteen (15) working days in advance of the requested leave. Notice may be waived under certain circumstances. 29 6-10.4 Returning reservists have the right to return to their jobs or another job of similar seniority, status, and pay upon completion of active duty in accordance with M.S. 192.261, Subd. 2 and 38 U.S.C. Section 2021 and 2024. 6-10.5 Employees on authorized military leave shall receive the difference between their normal salary and military pay for the approved period. The City cannot require that an employee on military leave use accrued paid leave. 6-10.6 Eligibility for continuation of insurance coverage will follow the same procedures as for any terminated or laid -off employee while the employee is on an unpaid leave of absence for active duty. In addition, military leaves of absence shall be considered work time for the purposes of vacation accrual. See also Section 6-3 Family and Medical Leave. SECTION 6-11 JURY DUTY LEAVE 6-11.1 Full time and benefit -earning part-time employees shall be granted paid leaves of absence for required jury duty provided that such duty does not exceed one hundred twenty (120) hours in any one calendar year. Employees shall receive that portion of their regular straight time pay that 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. 6-11.2 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 Court each week so that City will be able to determine the amount of compensation due for the period involved. 6-11.3 Temporary/seasonal and part-time employees working less than 24 hours per week are not eligible for compensation for absences due to jury duty. They can take a leave without pay with department head approval. 6-11.4 Court Appearances - Employees will be granted paid leave time to testify in Court only for City -related business. Any compensation received for court appearances (e.g. subpoena fees) arising out of or in connection with City employment, minus mileage reimbursement, must be turned over to the Finance Department. 30 SECTION 6 — 12 SCHOOL CONFERENCE LEAVE Any employee who has worked half-time or more for more than twelve (12) consecutive months, may take unpaid leave for up to a total of sixteen (16) hours during any school year to attend school conferences or classroom activities related to the employee's child (under 18 or under 20 and still attending secondary school), provided the conference or classroom activities cannot be scheduled during non -work hours. Verification may be required. SECTION 6 —13 ELECTIONS/VOTING 6-13.1 An employee who is selected to serve as an election judge pursuant to M.S. Section 20413.21 subd. 2, will be allowed time off without pay for purposes of serving as an election judge, provided that the employee gives the City ten (10) days written notice. 6-13.2 All employees who are eligible to vote at a State general election, at an election to fill a vacancy in the office of United States Senator or Representative, or in a Presidential primary, shall be allowed time off with pay to vote during the morning of election day. SECTION 6 — 14 LEAVE OF ABSENCE WITHOUT PAY 6-14.1 This section sets forth policy regarding leave without pay and shall generally be followed to promote fairness and consistency. However, nothing in this policy shall limit the City's authority to make additional reasonable accommodations as may be necessary and which do not result in hardship to the City. 6-14.2 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 up to a total of ten (10) working days in any calendar year. Requests for leave of absence without pay in excess of ten (10) days and up to 30 days in a calendar year, must be approved in advance by the City Administrator. Leave without pay for 30 days or more must be approved by the City Council. Employees are not eligible for leave of absences beyond one year - including paid and unpaid leave time combined. 6-14.3 Employees shall request such leaves of absence without pay in writing in advance of the desired date indicating the reason(s) for absence, the specific absence period and anticipated date of return to work. The City Council may waive this requirement under extenuating circumstances. 911 6-14.4 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. 6-14.5 While on approved leave of absence without pay exceeding ten consecutive working days, an employee will not receive city contributions to city -sponsored group insurance(s) unless the leave qualifies as parenting or family and medical leave or the employee is receiving LTD (See Section 5-5.2). Employees will not be eligible for holiday pay or vacation accrual for unpaid leaves of absences. Nor will the time on leave of absence without pay be considered for purposes of calculating seniority where the period exceeds ten consecutive working days. Exceptions will be made for employees during active status with the armed forces pursuant to federal law. 6-14.6 To qualify for leave without pay, an employee must first use all accrued vacation and compensatory time. Leave without pay for purposes other than medical leave, military leave or work-related injuries will be at the convenience of the City. 6-14.7 Employees returning from a leave without pay for a reason other than a qualified Parenting or Family and Medical Leave will be guaranteed return to the original position only for absences of thirty (30) calendar days or less. 6-14.8 Employees receiving leave without pay in excess of thirty (30) calendar days, for reasons other than qualified Parenting or Family and Medical Leave, are not guaranteed return to their original position. If their original position or a position of similar or lesser status is available, it may be offered at the discretion of the City. See also Military Leave, Section 6 - 10. 6-14.9The City acknowledges these provisions are not intended to modify or replace any rights to any employee that are granted under State or Federal law. SECTION 7 - PERFORMANCE REVIEWS SECTION 7 — 1 PURPOSE An objective performance review system has been established by the City of Otsego for the purpose of periodically documenting the performance of City employees. The quality of performance rendered by the employee in the past will, in every case, receive due consideration in such personnel decisions as promotions, transfers, demotions, terminations and, where applicable, salary adjustments. 32 SECTION 7 - 2 GUIDELINES: A. Performance reviews will normally be discussed with the employee. Employees do not have the right to change or grieve their performance review, but may submit a written response, which, subject to review by the City Administrator, will normally be attached to the performance review. B. All performance reviews below the department head level will be reviewed and approved by department heads and the City Administrator. The City Administrator shall evaluate the department heads. The City Council has sole authority to evaluate the City Administrator and may elect to receive feedback from others as part of the process. C. Performance reviews should be scheduled on a regular basis, at least annually. The form, with all required signatures, shall be retained as part of the employee's personnel file in the Finance Department. However, during the probationary period, performance reviews should be conducted at five (5) and eleven (11) months for those with one (1) year probationary periods. D. Signing of the document by the employee acknowledges that the review has been discussed with the supervisor and does not necessarily constitute agreement. Failure to sign the document by the employee will not delay processing. SECTION 8 - EMPLOYEE EDUCATION AND TRAINING SECTION 8 -1 PURPOSE AND GUIDELINES The City promotes staff development as an essential, ongoing function needed to maintain and improve cost effective quality service to residents. The purposes for staff development are to ensure that employees develop and maintain the knowledge and skills necessary for effective job performance and employees are provided with an opportunity for job enrichment and mobility. 8-1.1 Policy Guidelines: A. The City shall encourage training sessions conducted by employees of the same department or of similar job classifications where necessary to the performance of their jobs. B. Supervisors shall provide an orientation program for new employees. C. The immediate supervisor shall ensure training is provided for the operation of new equipment as required. D. The City encourages contact with personnel from other municipalities in order to learn more efficient job procedures. 33 E. The City encourages the use of in-house talents and skills in training as well as the expertise of local citizens, companies and agencies. F. Training application forms are available in the Finance Department. 8-1.2 Administration Guidelines: A. General guidelines for training where the City provides financial support and/or time off work are as follows: 1. Work interference shall be minimal. 2. Training shall not duplicate recent training. 3. Training costs shall be within budgetary limits. 4. Preference shall be given to training that provides the most benefit to the City at the least cost. 5. The department head shall ensure that there is adequate coverage of departmental responsibilities before approving training applications. 6. Training shall relate to an employee's job or health/safety. 7. Training shall be structured to provide general information that will aid in an employee's growth or maintenance of professional standards. 8. Temporary/seasonal, non -benefit earning part-time, casual part-time, paid - per -call and intermittent employees shall be excluded unless approved by their department head. Safety training shall be provided to all employees. 9. If the City requires attendance at a seminar, the City pays tuition/ registration fees and wages for all required hours of attendance. Expenses will be paid in accordance with standard practices. 10. Employees should be aware at all times that they are representing the City while attending any conference, meeting, seminar or convention. Employees should conduct themselves as if they were at work. Improper conduct at any City authorized or sponsored event reflects poorly on the City and will be subject to disciplinary action as if it occurred during regular working hours. 34 SECTION 8 — 2 MEMBERSHIPS AND DUES The purpose of memberships to various professional organizations must be directly related to the betterment of the services of the City. Normally, one City membership per agency, as determined by the responsible authority is allowed, providing funds are available. Upon separation of employment, individual memberships remain with the City and are transferred to other employees by the department head. SECTION 8 — 3 TRAVEL REIMBURSEMENT 8-3.1 Purpose To reimburse employees for our -of -pocket expenditures when out of the City are on approved business. 8-3.2 Procedures All travel by Otsego employees requires the approval of the City Administrator or his/her designee. All conference and school -related expenses shall also be approved by the City Administrator. 2. All expenses incurred for travel are to be paid by the employee unless pre- paid by the City. The employee's expenses may be covered with a travel advance or the employee may use personal funds and be reimbursed after the travel. Travel advances may only be requested for meals and hotel expenses or airfare that has not been pre -paid by the City. 3. Travel advances may normally be requested no later than seventy-two (72) hours before date of departure. 4. If a City vehicle is not available, or is otherwise not appropriate, employees may use a privately owned vehicle for travel on City business within the State of Minnesota. The following mileage reimbursement will be allowed: A. For use of a City -owned vehicle: actual receipted expenses. B. For use of a privately owned vehicle: current State or IRS - approved reimbursement rate. 5. Travel outside of the State of Minnesota shall be reimbursed at actual round-trip coach rate airfare. If a personal automobile is used, reimbursement will be paid on the basis of prevailing mileage allowance or coach airfare, whichever is less. If an employee prefers to drive, any extra time required due to driving will be taken as leave time. 35 6. Employees who depart for a conference early, or remain afterwards, are personally responsible for all costs for hotel, living expenses and any additional travel expenses. 7. Hotel accommodations shall be reasonable and shall be reimbursed at actual and necessary cost, consistent with facilities available and in proximity of the conference or meeting being attended. Where multiple occupancy has occurred, the official or employee may only claim the actual and necessary cost of his or her single occupancy. 8. A per diem for meals and miscellaneous subsistence expenses not to exceed $50.00 may be taken by employees who travel on City business within the State of Minnesota. Other expenses will be approved on a need basis. 9. The City will provide funding for out of State training and National conferences according to funding availability and approval of the City Administrator and City Council. 10. Upon returning, employees must settle their travel accounts within thirty (30) working days by completing a Reimbursement Summary and submitting it to the Finance Department. 11. The per diem for meals and miscellaneous subsistence expenses for employees who travel outside of the State of Minnesota or Wright County shall be reimbursed for the actual cost, subject to approval of the City Administrator or City Council. 12. If meals are included in tuition or registration fees and/or only a fraction of the day is approved for travel, the per diem or expense allowance will be as follows, unless documented otherwise and otherwise consistent with these guidelines: Breakfast $10.00 Lunch $15.00 Dinner $25.00 Breakfast allowance shall be authorized for Minneapolis/St. Paul or St. Cloud departures prior to 8:00 a.m. and dinner allowances shall be authorized for arrivals from these airports after 7:00 p.m. Allowances within these parameters are the responsibility of the Finance Director consistent with the facts and good judgment applied to each travel expense claim. 36 13. Other miscellaneous expenses such as taxis or shuttles to and from the destination airport, buses, and phone calls that are business related will be reimbursed. (Attempts should be made to retain receipts whenever possible.) Rental car reimbursement will be made only with prior approval by the City Administrator. 14. Conferences, seminars and schools are not authorized for temporary/seasonal, part-time, trainees, or members of boards, unless approved by the City Council. SECTION 9 - PUBLIC PURPOSE EXPENDITURES SECTION 9 — 1 GENERAL Consistent with Minnesota State laws that permit and require the expenditure of public funds for public purposes, the City of Otsego hereby adopts the following policy and guidelines to provide assistance and clarification to officials and employees for determinations of when public funds may be spent. The over-riding principle is that public funds must be spent for a public purpose. The City Council recognizes that the determination of a valid public purpose is an evolving concept that is somewhat subjective and therefore feels thoughtful discussion and guidance in the form of a policy and guidelines is appropriate. The City Council authorizes the City Administrator to establish additional administrative policies and procedures and to interpret appropriate use of public funds consistent with this policy and guidelines. SECTION 9 — 2 DEFINITIONS Public Purpose Expenditure — An expenditure of funds related to the purpose for which the City of Otsego exists, including the mission, goals, functions, and responsibilities of elected and appointed officials, employees and other City representatives. Employee — For purposes of this policy, the word `employee' shall include all employees, elected officials, and appointed officials. SECTION 9 -.3 PUBLIC PURPOSE GUIDELINES The City of Otsego has determined that the following expenditures are valid expenditures and serve a public purpose. A. Training and development programs for Otsego elected and appointed officials and employees serve a public purpose when those training and development programs are related to the employee's job performance and to the programs and services provided by the City to its residents. 37 B. Payment of employee work-related expenses, including travel, lodging, telephone, and meal expenses serve a public purpose when those expenses are necessarily incurred by employees in connection with their official duties and/or work assignments and those expenses are directly related to the performance of the governmental function for which Otsego has responsibility. C. Safety, health and wellness programs for Otsego employees serve a public purpose because they result in healthier and more productive employees and reduce certain costs to the City and taxpayers, including various costs related to worker's compensation, health insurance premiums, disability benefit claims, and lost time due to employee absences. D. Public expenditures to recognize contributions made by employees are part of an overall compensation program offered to employees for work performed. It serves a public purpose because formally recognizing employees who make contributions and demonstrate their commitment during the performance of their duties results in higher morale and increased employee cooperation, understanding and productivity and therefore assists the City in providing efficient and cost-effective services to its citizens. Including all employees in events to recognize service and commitment encourages other employees to work harder and make additional contributions and builds greater teamwork among employees in different departments. E. Employee productivity is directly related to employee satisfaction and that satisfaction depends on much more than just a paycheck. Employee satisfaction is directly and closely tied to the entire compensation package and the work environment. Recognizing employees' efforts and talents is a key factor in a good work environment and is accomplished several ways, both structured and unstructured. Examples of structured events include recognition events or cookouts, employee retirement and farewell events and the like. These types of events are an integral part of the City's employee compensation program and are directly related to employee satisfaction, which in turn leads to greater productivity and enhanced service to the community. F. Public expenditures for appropriate community and customer outreach activities serve a public purpose when those expenditures are necessary to ensure efficient operation of the City's programs or services, promote the availability or use of services or City resources, or to promote coordinated, cooperative planning activities among and between the City and the private sector or other public sector jurisdictions for the benefit of the public. 38 G. Public expenditures for food and refreshments associated with official Otsego functions, employee training, and meetings to discuss City business serve a public purpose when the provision of food or refreshments helps to ensure meaningful participation by those attending. These functions serve a public purpose to receive or provide information of concern to the City, recognize individuals for their service to the City, or provide a forum to discuss City business. These meetings should be limited to meetings where the primary purpose is to discuss City business. H. Expenditures for membership in professional and community organizations and attendance at meetings and professional conferences serve a public purpose by keeping employees informed of state and federal laws and proposed legislation, rules, regulations, court and arbitration decisions, risk management, effective employee relations strategies and issues, availability of grants and other funding sources, community concerns, and public-private partnership opportunities that are directly related to the performance of city - related governmental functions and to the service provided to the residents. Expenditures for educational reimbursement serve a public purpose when the coursework is directly related to the job duties or performance needs of the employee and therefore improve the knowledge, skills and abilities needed to provide effective and efficient services to the residents. J. Public expenditures for volunteer recognition serve a public purpose because formally recognizing volunteers who contribute their time and expertise promotes a positive relationship with the community and encourages volunteerism. Increased volunteerism increases the City's ability to provide cost-effective services to the community. SECTION 9 - 4 FINANCIAL CONSIDERATIONS Funding for any expenditure must be approved by the City Administrator in accordance with established procedures and must be included in the approved City budget. SECTION 10 - EMPLOYEE RESPONSIBILITY SECTION 10 - 1 GENERAL 10-1.1 Efficient and effective delivery of municipal services requires 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. 39 10-1.2 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 inquiries and information with patience and every possible courtesy. E. Report all unsafe conditions and 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. SECTION 10-2 CITYWIDE WORK RULES AND CODE OF CONDUCT 10-2.1 Appearance Departments may establish dress and uniform requirements for employees as part of departmental rules. Overall, personal appearance should be appropriate to the nature of the work and contacts with other people and should instill confidence and present a positive image to the public. The City Administrator may designate certain days as "Casual Days" for non -uniformed employees, where employees may dress more casually than the typical work day. 10-2.2 Attendance The operations and standards of service in the City of Otsego require that employees be at work unless compelling reasons warrant absence. Absence and tardiness records reflect an employee's responsibility to his/her job and to fellow workers. These records have a direct effect on employment status and progress. In order that a team function efficiently and effectively, employees must be on the job. Attendance is an essential requirement of every City position. Abuse of this policy shall be grounds for disciplinary action (see Discipline Policy). Absence Procedure: A. Employees who are absent from work are required to notify their supervisor as soon as possible in advance of their absence. In case of unexpected absence, employees should call their supervisor before the scheduled starting time. 40 B. Every effort should be made to contact the supervisor directly. However, if the supervisor is not available at the time, the employee should leave a message for the supervisor, or his/her designee, including a telephone number where he/she can be reached or contact any other individual as may be designated by the supervisor. Departments may establish more specific reporting procedures. C. The employee must call the supervisor on each day of an absence extending beyond one (1) day unless specific arrangements otherwise have been made with the supervisor. D. Employees who are absent for three (3) days or more and who do not report their absence in accordance with the policy above, will be considered to have voluntarily resigned not in good standing. (The City Administrator may waive this rule if, in his/her judgment, extenuating circumstances warrant such behavior.) This policy does not preclude a supervisor from administering discipline for unexcused absences of less than three (3) days. SECTION 10-3 CONFLICT OF INTEREST 10-3.1 The credibility of local government rests heavily upon the confidence that 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 that suggests a conflict of interest between their private interest and City responsibilities. City employees shall not engage or have financial interest in any business or other activity that could reasonably lead to a conflict of interest with the employee's primary City responsibilities. Employees shall disclose any interest family members may have which could give the appearance of a conflict of interest at the time the conflict appears. 10-3.2 "Family members" shall be deemed to be the spouse, parents, children, and siblings of employees or their spouse and/or the lineal descendants of any of them. Once disclosed, the City Council and City Administrator will exercise due diligence to ensure such family members are not provided preferential treatment because of their relationship to an employee or member of the City Council. 41 10-3.3 Examples of activities that are covered by this policy include, but are not limited to: 1) Having an interest in any business which has contracts or other direct financial 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. 10-3.4 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 Administrator. The City Administrator shall investigate the matter and make a determination as to whether or not an actual or potential conflict exists. 10-3.5 If the City Administrator determines a conflict exists, appropriate actions will be taken to end the conflict. These actions could include discontinuing or not awarding a contract with an employee, council member or family member's business, terminating the conflicting activity, or termination of employment. The City will consider whether the best interest of the City is served by doing business with the employee's family member where other options are not available, not practical or are more costly. SECTION 10 - 4 RECEIPT OR SOLICITATION OF GIFTS 10-4.1 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 $10.00, or such amount as may be set by state statute. 10-4.2 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. 10-4.3 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. 42 SECTION 10 - 5 POLITICAL ACTIVITY Although City employees have the right to express their views and to pursue legitimate involvement in the political system, no employee of the City shall directly or indirectly, during hours of employment, solicit or receive funds for political purposes or engage in political activities on City time or City premises. SECTION 11 -HARASSMENT SECTION 11 —1 GENERAL 11-1.1 The City of Otsego is committed to creating and maintaining a work environment free from all forms of harassment and discrimination. Such harassment is a violation of Title VII of the Civil Rights Act of 1964 and the Minnesota Human Rights Act. 11-1.2 This policy will apply to all officials and employees of the City of Otsego, including temporary/seasonal, paid -on-call, volunteers and elected and appointed officials. 11-1.3 Harassment of any person because of race, creed, color, religion, national origin, sex, age, marital status, disability, sexual orientation, receipt of public assistance, political opinions or affiliations is unlawful. This policy statement is intended to make all employees sensitive to the matter of harassment, to specifically express the City's strong disapproval of unlawful harassment, to advise employees of their behavioral obligations and to inform them of their rights. 11-1.4 In keeping with this commitment, the City maintains a strict policy prohibiting unlawful harassment, including sexual harassment. This policy prohibits harassment in any form, including verbal and physical harassment. 11-1.5 Management has the obligation to provide an environment free of harassment. The City is obligated to prevent and correct unlawful harassment in a manner that does not abridge the rights of the accused. To accomplish this task, the cooperation of all employees is required. 11-1.6 The City of Otsego recognizes the need to educate its employees on the subject of harassment and stands committed to provide information and training. All employees are expected to treat each other and the general public with respect and to assist in fostering an environment that is free from unwanted harassment. 43 SECTION 11 - 2 SEXUAL HARASSMENT 11-2.1 Definition of Sexual Harassment Because sexual harassment is sometimes more difficult for employees to recognize, the following definition is provided (based on excerpts from Minnesota Statutes): Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature, when: 1) submission to the conduct or communication is made a term or condition, either explicitly or implicitly, of an individual's employment, 2) submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment, or 3) that conduct or communication has the purpose or effect of substantially interfering with an individual's employment or creating an intimidating, hostile, or offensive work environment and the employer knows or should know of the existence of the harassment and fails to take timely and appropriate action. 11-2.2 Examples of Inappropriate Conduct Examples include but are not limited to: unwanted physical contact (including touching, gestures, assault, impeding or blocking movement), unwelcome sexual jokes or comments; sexually explicit posters or pinups, letters, poems, graffiti, cartoons, or drawings, repeated and unwelcome requests for dates or sexual favors, unwelcome sexual advances or any indication, expressed or implied, that job security or any other condition of employment depends on submission to or rejection of unwelcome sexual requests or behavior. In summary, sexual harassment is the unwanted, unwelcome and repeated action of an individual against another individual, using sexual overtones as a means of creating discomfort. 44 11-2.3 Reporting and Investigation Requirements Any employee who feels he or she is being subjected to harassment in any form, or who believes he or she has witnessed 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 Administrator. If allegations are made against the City Administrator or 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. 11-2.4 All supervisors are required to report immediately any allegation to the Department Head and City Administrator. Only persons with a need to know of the allegation or its resolution will be made aware of the issue. 11-2.5 In addition to notifying one of the above persons and stating the nature of the harassment, the employee is also urged to take the following steps: 1) make it clear to the harasser that the conduct is unwelcome and document that conversation; 2) document the occurrences of harassment; 3) submit the documented complaints to the person listed above to whom the employee makes their report. The City urges the employee to put the complaint in writing; 4) document any further harassment or reprisals that occur after the complaint is made. Any complaints that are made will be investigated in a timely fashion. The City will, in all cases, take action to correct any reported harassment to the extent evidence is available to verify the alleged harassment and any related retaliation. Each situation will be evaluated on a case-by-case basis depending on the severity and the circumstances involved. 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. 45 11-2.6 Strict confidentiality is not possible in all cases of harassment as the accused has the right to answer charges made against them, particularly if discipline is a possible outcome. Reasonable efforts will be made to respect the confidentiality of the individuals involved, to the extent possible. A record of the complaint and the findings will become a part of the complaint investigation record and the file will be maintained separately from the employee's personnel file. 11-2.7 Reprisal Employees have the right to raise the issue of harassment and to file complaints with respect to such harassment without reprisal. Any action intended to intimidate, retaliate against, harass or disadvantage any person because the person has opposed harassment; reported or complained of harassment; or testified, assisted or participated in any investigation, proceeding, or hearing, under this policy or otherwise, regarding harassment is considered a reprisal. Reprisal includes, but is not limited to, the following actions: 1) refusal to hire or promote the person; 2) departure from any customary employment practice to which the employee would have otherwise been entitled; 3) transferring or assigning the person to a lesser position in terms of wages, hours, job classification, job security or other employment status; or 4) informing another employer that the person has reported harassment. SECTION 12 DISCIPLINE SECTION 12 -1 GENERAL 12-1.1 City employees are expected to fulfill their duties and responsibilities at the level required, including observance of work rules and standards of conduct. Failure to do so may result in disciplinary action. Supervisors are responsible for maintaining compliance with City standards of employee conduct. The City reserves the right to use discretion in applying this policy as circumstances warrant. 12-1.2 The reporting of misconduct and prevention of the escalation of misconduct are areas that demand all employees to exercise courage, integrity, and decisiveness. When a non -supervisory employee becomes aware of possible misconduct by another City employee, the employee shall immediately notify a supervisor. 46 12-1.3 Furthermore, an employee who observes serious misconduct shall take appropriate action to cause the misconduct to immediately cease. The fact that a supervisor is present and not taking appropriate action to stop the serious misconduct does not relieve other employees present from this obligation. 12-1.4 It is the policy of the City to administer discipline without discrimination. The department head or City Administrator shall investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. SECTION 12 — 2 WORK RULE OFFENSES 12-2.1 Specific reasons for discipline and dismissal are too numerous to describe in total in these policies. The following list describes offenses for which employees may be subject to discipline. The list is not intended to include all possible reasons for discipline. Lack of a specific listing of reason shall in no way limit the City from taking action deemed appropriate for a specific offense. • Negligence or carelessness in the performance of a duty, such as in the handling or control of municipal property, equipment or funds. • Offensive or inappropriate conduct or language toward City employees or other persons. • Violation of any provisions of this policy, ordinances, order of the City Council or City Administrator or adopted Council or Administrative Policy. • Inappropriate acceptance of fees, gifts, or other benefit in the course of the employee's work. • Lack of competence or efficiency in performance of duties. • Failure to obey any lawful and reasonable direction given by an employee's supervisor, City Administrator, or City Council. • Conviction of a crime that affects or relates to the performance of assigned duties or otherwise brings discredit or reflects negatively upon the City. • Conviction of a felony, or a misdemeanor involving moral turpitude, while an employee of the City. • Off-duty conduct that is potentially damaging to the reputation of the City. 47 Using, threatening, or attempting to use the political influence or unethical pressure, to influence a promotion, leave, transfer, absence, increased compensation, other benefit, or any other matter in which the employee has an interest. Unethical pressure shall include offers of gifts or other special benefits, coercion, collusion, threats of blackmail, requests for favoritism, and use of unfair advantage. • Violating the City's Drug-free Workplace Policy or Drug and Alcohol Testing Policy for Commercial Drivers. • Excessive tardiness, excessive absences, unapproved absences, or abuse of leave privileges. • Theft or intentional destruction of City property or another employee's property. • Violation of the City's Harassment Policy. • Engaging in actions constituting a conflict of interest. • Dishonesty in the employee's performance of duties, or making any false statements or material omissions in any matter relating to the employee's duties or employment, including employment and promotion applications and work undertaken in the scope of employment. • Acting or failing to act in a manner otherwise specified that tends to lower discipline or morale among City employees, brings or tends to bring discredit to the City, its elected officials or employees, or that adversely affects the City. Speech that is protected by the First Amendment of the U.S. Constitution shall not be a basis for discipline. • Failure to report an accident to a supervisor as soon as possible upon occurrence. • Unauthorized use of city vehicles, property or equipment. • Making a false complaint of harassment or found to have given knowingly false information during any workplace investigation. • Gross neglect of duty. • Immoral or indecent conduct while on duty. • Intentional falsification of personnel records, time reports or other City records or reports. 48 • Sleeping on the job during paid work hours. • Intentional or careless conduct endangering the safety of other employees, including the provoking of - or instigating - a fight during working time or on the City premises. • Inducing or attempting to induce any employee in the service of the City to commit an unlawful act or to act in violation of any lawful departmental or official regulation or order. • Abusive, threatening or coercive treatment of another employee or the public on employer's time or premises. • Failure to perform required duties or responsibilities in a satisfactory manner. • Soliciting political contributions from municipal employees and engaging in political activities on or with City property or on City time. • Failure to fulfill employee responsibilities as outlined in this manual especially those detailed in "City Wide Work Rules and Code of Conduct." • Violation of a safety rule or safety practice. • Absence from work without prior approval in accordance with this policy or failure to report for work without giving the department head or his/her designee department office earliest possible notice of such absence. • Violation of departmental policies, procedures or rules. • Horseplay - actions adversely affecting safety of normal operations of the department or other employees. • Release of confidential or private data to a person or person who are not eligible to have access to the data. • Failing to start work at designated time, abuse of break or meal periods, quitting work before the proper time or leaving employer's premises during working hours without authorization from the supervisor or other misuse of work time. • Smoking in posted or unauthorized areas. • Vending, soliciting or collecting contributions on the employer's time or premises without prior authorization from the City Administrator. ON ■ Spreading negative rumors about other employees. • Treating other employees in an unprofessional or disrespectful manner including making hurtful, disparaging or cutting remarks. (Instructive comments and suggestions for improvement are encouraged provided they are given in a positive, constructive manner.) Violation of Vehicle Use Policy. 12-2.2 It shall be the policy of the City to administer disciplinary action uniformly and without discrimination. Discipline will be based upon the nature and severity of the infraction and the conditions surrounding the incident. The City of Otsego is an "at -will" employer. Nothing in this article or these personnel policies implies that any City employee has a property right to the job they perform. SECTION 12 - 3 PROCESS The City may elect to use progressive discipline with any employee, at the City's option. There are circumstances that warrant deviation from the suggested order or where progressive discipline is not appropriate. Disciplinary letters will be placed in the employee's personnel file. The following are descriptions of the types of disciplinary actions: Oral Reprimand This measure may be used where personal discussions have not resolved the matter. All supervisors have the ability to issue oral reprimands without prior approval. Oral reprimands are normally given for first infractions on minor offenses to clarify expectations and put the employee on notice that the performance or behavior needs to change, and what the change must be. The supervisor will document the oral reprimand including date(s) and a summary of discussion and corrective action needed. Written Reprimand Written reprimands are more serious and normally follow oral reprimands when the problem is not corrected or the behavior has not consistently improved given a reasonable period of time for improvement. Certain infractions may require skipping either the oral or written reprimand, or both. Written reprimands are issued by the supervisor upon prior approval from the City Administrator. 50 A written reprimand will normally state the reason for the warning along with the policy, directive, performance expectation, or other that was violated. It shall normally describe actions taken by the supervisor to correct the problem, if applicable, including any timetables or goals set for improvement. The reprimand will normally also indicate possible future disciplinary action that could result if the problem continues or related problems occur. Written reprimands will be placed in the employee's personnel file. Suspension The City Administrator may recommend suspension of an employee without pay for disciplinary reasons. Suspension without pay may be followed with immediate dismissal as deemed appropriate by the City Council in consultation with the City Attorney. There may be some situations where suspension with pay or administrative leave with pay will be allowed by the City Administrator or City Council. The employee will be notified in writing of the reason for the suspension either prior to the suspension or shortly thereafter. This letter should include a statement outlining further disciplinary action should the problem continue or re -occur. A copy of the letter of suspension will be placed in the employee's personnel file. An employee may be suspended pending an investigation of an allegation. If the allegation is proven false after the investigation, any related written documents will be removed from the personnel file and the employee shall receive any compensation and benefits due had the suspension not taken place. There may be circumstances where an employee will be sent home immediately by the department head when an employee's behavior violates the Personnel Policies or department policies or otherwise constitutes serious misconduct. Whether this will be paid or unpaid will be determined by the City. Dismissal The City Council may dismiss an employee for any lawful reason. The City shall provide written notice to that employee prior to taking final action regarding dismissal. The notice shall contain the reasons for the dismissal, the employee's rights and a statement of veteran's appeal rights if a veteran. It shall also include a statement indicating that the employee may respond to the charges both orally and in writing and that the employee may appear personally before the City Council. Any relevant information presented at this hearing will be considered along with all other relevant information already collected in determining appropriate discipline. If the disciplinary action involves the removal of a covered veteran, a hearing shall be held in accordance with Minnesota Statutes Section 197.45. Removal of veterans may be made only for incompetence or misconduct shown after a hearing with due notice (M.S. 197.46). 51 SECTION 12 - 4 NOTICE OF REASONS FOR TERMINATION 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. SECTION 12 - 5 REPORTS OF DISCIPLINARY ACTION The City Council shall be promptly notified of all disciplinary action taken against an employee. Proper record of written reprimands, notices of demotion, suspension, or discharge are to become a part of the employee's personnel file. Employees subject to discipline will receive notices of such discipline. SECTION 13 — SAFETY 13-1 The City of Otsego is required to follow O.S.H.A. Rules and Regulations, and expects employees to follow them also. 13-2 There is an Employee -Management Safety Committee within the organization whose members are either selected by their represented group or appointed by the City Administrator. 13-3 Safety procedures and policies are outlined in the Safety Manual and made a part of this Policy Manual. SECTION 14 - DRUG AND ALCOHOL USE The City of Otsego has adopted a Drug-free Workplace Policy. In addition, as mandated by applicable State and Federal laws, all City employees whose job duties require operating a commercial motor vehicle and who are required to hold a commercial driver's license (CDL) shall be subject to the City's Drug and Alcohol Testing Policy for Commercial Drivers. Both policies are made part of these policies. SECTION 15 - POLICY PROHIBITING EMPLOYEE POSSESSION OF FIREARMS 15-1 The City of Otsego prohibits all employees from carrying or possessing firearms while acting in the course and scope of employment for the City. The possession or carrying of a firearm by employees is prohibited while working on city property or while working in any location on behalf of the City of Otsego. This includes, but is not limited to: Driving on City business; Riding in a car or in any type of mass transit while on City business; FJ • Working at any City building; • Working off-site on behalf of the City; • Performing emergency on-call work after normal business hours and on weekends; • Working at private residences and businesses on behalf of the City; • Attending training, meetings, or conferences on behalf of the City. 15-2 An exception to this policy is that City employees may carry and possess firearms in City -owned parking areas if they are not working on behalf of the City and have the proper permit. Therefore, employees who must drive their personal vehicles on City business must lock their firearm in their trunk before using their vehicle for city business and leave it in their locked trunk until the city business is completed. 15-3 When responding to on-call work from home after regular hours, an employee is prohibited from bringing a firearm in their private vehicles unless the vehicle remains in a parking lot and is not needed in order to respond to the call. No firearms will be allowed in City vehicles since City vehicles are only to be used for City business. 15-4 Violations of this policy are considered a major work infraction and are subject to disciplinary action in accordance with the City's discipline procedures policy. SECTION 16 - CONFIDENTIALITY/DATA PRACTICES SECTION 16 —1 DATA PRACTICES ADVISORY During the course of employment, the City of Otsego will require employees to provide data that is classified by State law as either private or confidential. Private data is information that generally cannot be given to the public but can be given to the subject of the data. Confidential data is information that generally cannot be given to the public or the subject of the data. The City requests this information for various reasons pertaining to employment with the City. The information provided may be used to process pay and benefits, evaluate performance, determine pay increases, evaluate suitability for an employee's position or other positions, determine whether disciplinary action will be imposed and other personnel actions which involve review of the employee's current and past performance. Employees who provide false, incomplete, or misleading information may be subject to discipline, up to and including the possibility of dismissal. Employees may not be required to provide the information requested. However, the City may choose to require the information at any time. If required, employees will be provided with another advisory explaining that the information is required and the consequences of refusal. 53 Other persons or entities, if authorized by law, may receive the requested information. Depending on the data requested, these persons or entities may be: • employees and/or officials of the City who have a need to know the information in the course of their duties and responsibilities; • the person who is the subject of private data about him or herself; • persons who have permission from the subject of the data; • insurance companies providing group benefits, • worker's compensation administrative services, • pre-employment, return to work and fitness for duty medical exams or drug and alcohol testing services for the City; • a public pension program; • the Minnesota Department of Employment and Economic Development in a claim for or appeal for re-employment benefits; • individuals who have obtained a court order for the information; and/or • participants in any litigation, mediation, veteran's preference hearing, grievance arbitration, or other administrative proceeding which results from actions taken. If litigation arises, the information may be provided in documents filed with the court, which are available to any member of the public. If it is reasonably necessary to discuss this information at a City Council meeting, it will be available to members of the public. To the extent that some or all of the information is part of the basis for a final decision on disciplinary action, that information will become available to any member of the public. SECTION 16 - 2 TYPES OF DATA Public Data: Data about a person that must be shown to the person, if he/she wishes and that is available to other people. Private Data: Data about a person that must be shown to the person upon request, but are not available to others without his/her permission or as otherwise specifically authorized by law. Personnel Data: Data on individuals collected because the individual is or was an employee or an applicant for employment, performs service on a voluntary basis, acts as an independent contractor with the City or is a member of an advisory board, committee or commission. Summary Data: Data about a person used to develop statistics or reports are considered public information, but they do not identify the person in any way. 54 SECTION 16 - 3 PUBLIC PERSONNEL DATA 16-3.1 Employee Personnel Data Except for certain employees (i.e. undercover law enforcement personnel) the following personnel data is public: 1. name 2. gross salary 3. salary range 4. gross pension 5. contract fee 6. benefits 7. expense reimbursements 8. job title 9. job description 10. education and training background 11. previous work experience 12. dates of employment (first and last) 13, status of complaints or charges against employees 14. outcome of complaints -disciplinary action 15. work location 16. work telephone number 17. badge number 18. city and county of residence 16-3.2 Public Data on Applicants for Employment The following personnel data are considered public data: 1. veteran status 2. test scores 3. rank and eligibility 4. job history 5. education and training 6. work availability 7. name considered private data except when certified as eligible for an appointment to a vacancy and considered as one of the "finalists." 16-3.3 Private Personnel Data The following personnel data and information are considered private data on individuals and are not accessible to the public but this data is accessible to the subject employee, the employee's authorized representative, the immediate supervisor and department head, and other city staff persons or officials who have a legitimate need to view/know such data as determined by the City Administrator or his/her designee. 55 1. Social Security number 2. age, gender 3. marital and family status 4. employee home address and telephone numbers 5. criminal records 6. race and ethnic data 7. insurance status 8. references 9. college transcripts (except for name of institution, degree granted, and date) 10. reference check data 11. medical records when part of personnel data 12. psychological evaluations 13. worker's compensation reports 14. physical limitations related to the job 15. sick leave forms - doctor's reports 16. data collected from disciplinary proceedings prior to a hearing 17. opinion questionnaire response by potential employee 18. names of applicants for employment until certified as eligible for appointment to a vacancy. 19. employee assistance programs and exit interview responses No employee may disclose the home address, telephone number, or personal information about another employee to any third party without prior consent of the affected employee, as per Section on "Informed Consent." Employment selection instruments and/or answer keys to such instruments are protected non-public data, except pursuant to a valid court order. SECTION 16 — 4 ACCESS TO DATA 16-4.1 Public Data Access shall be provided to any person, without regard to the nature of the person's interest. Access must be approved by the City Administrator or other persons authorized by the City Administrator. Access must be provided within a reasonable time. Interpretation shall be provided if requested. A fee may be charged, as allowed by law, reflecting time to collect or retrieve the information, paper costs, mailing costs, duplicating costs, etc. 56 16-4.2 Private Data Access is available to the following only: 1. The subject of the data. 2. Individuals whose work assignments with the City reasonably require access. 3. Entities and agencies determined by the City Administrator to be authorized by State Statute or Federal Law to gain access to that specific data. 4. Entities or individuals given access by the express written direction of the subject. The City Administrator shall assure that access is provided only to the parties listed above. The identity and authority of an individual who seeks to gain access to private data must be confirmed. The time that access is available is limited to the normal working hours of the City Hall offices. No fees shall be charged in the instances where the data subject only wishes to view private data. Fees may be charged for providing copies. SECTION 16 — 5 GENERAL CONTENTS OF PERSONNEL FILES 16-5.1 The following information shall routinely be included in an employee's personnel file: data collected for administrative purposes such as job applications, resumes, change of address forms, training or education records, veteran's certification, etc. (Documents containing medical information are retained in a separate medical file.) 2. documentation of personnel actions or activities such as salary changes, job classifications, performance reviews, termination notices, disciplinary actions. 3. official written correspondence to or from an employee. 4. documentation of employment status and benefit status, the latter only if it does not contain any medical information. Appropriate medical information will be retained separately in an employee medical file. 16-5.2 Employees will not be specifically notified each time such data are routinely entered into their file, except that employees shall be made aware of data entered into their file that relates to discipline or may have adverse impact on them. Employees may request to view and receive copies of information in their file as per Section on "Access to Data." 57 16-5.3 Personnel files will be maintained by the Finance Department. Any documents added or removed from the files must be approved by the City Administrator. The City Administrator may delegate the authority to add routine and non -controversial documents (such as job applications, employment confirmation letters, status change forms, etc.) to other staff as appropriate. Such staff shall be trained on this policy. SECTION 16 - 6 TAPE RECORDING POLICY In order to protect the regulation and dissemination of confidential, private, and non- public data as defined in the Minnesota Government Data Practices Act; promote harmony in the work place; diminish the impediment of each employee's ability to perform his or her duties; and promote an environment with a free-flow exchange of ideas: inter -staff communications shall not be tape-recorded in any form unless all parties to the communication consent. In the event a tape recording is created, the City Administrator shall immediately receive, keep, and maintain the tape recording and shall regulate the dissemination of the information in accordance with the Minnesota Government Data Practices Act. SECTION 16 - 7 INFORMED CONSENT: 16-7.1 Private data on individuals may be used by and given to any individual or persons by the City Administrator, or other bonafide representative of the City, if the individual subject or subjects of the data have given their informed consent. All informed consents: 1. Shall be in writing and stated in plain language. 2 Shall be signed and dated. 3. Shall specifically designate the particular persons or agencies the data subject has authorized to disclose information about him or her. 4. Shall specifically state the nature of the information authorized to be disclosed. 5. Shall specifically state the persons or entities authorized to receive the disclosed information. 6. Shall specifically list an expiration date not to exceed one year except in the case of authorization for application for life insurance or non- cancelable or guaranteed renewable health insurance (which shall be two years). 7. Shall specifically state the purpose for which the information may be used by the parties named above. 16-7.2 If the City Administrator or approved designee makes reasonable efforts to obtain the informed consent of a data subject and if those efforts are not acknowledged in any way, the City Administrator or approved designee shall interpret the silence of the data subject as the giving of implied consent to the new or different purpose or use of the data. 58 16-7.3 "Reasonable efforts" are defined as: Depositing in the U.S. Mail, postage pre -paid, and directed to the last known address of the data subject, at least two (2) communications requesting informed consent. 2. Waiting for a period of not less than sixty (60) days for a response to the second request. SECTION 16 - 8 SECURITY OF PERSONNEL DATA 16-8.1 The City of Otsego authorizes the City Administrator, Finance Director and the individual responsible for the City's payroll function to maintain custody over all personnel records. The final authority over personnel records is the City Administrator, and as such, retains overall authority to add or remove items from personnel and related employee files. The City Administrator may authorize those designated to maintain custody to add or remove files. 16-8.2 All records containing non-public personnel data shall remain in one or more locked filing cabinets, or other locked storage facility, with keys strictly limited to those designated to maintain custody. Others authorized to review personnel records, such as the subject of the data, or as described above under "Access to Data, Private Data," shall be required to view the contents of such files in the presence of authorized staff. No access to keys securing the information may be provided to anyone not authorized to maintain custody. All keys must be properly secured at all times to prevent improper access to files. 16-8.3 Personnel files shall not be removed from City Hall. Copies of file contents may be removed from City Hall only by individuals authorized to have access to those records, consistent with the Minnesota Government Data Practices Act and this policy. Unauthorized release of private and/or confidential personnel data shall be subject to immediate discipline, up to and including terminated. SECTION 16 - 9 SUPERVISORY FILES 16-9.1 Information about employees maintained by supervisors is considered personnel data under State Statute and must be maintained in a locked area by supervisors. Supervisors may not maintain medical information on employees. 16-9.2 Types of data maintained by supervisors shall be limited to that authorized by the City Administrator. Examples of personnel data supervisors are authorized to maintain include: 1. vacation leave slips and other time -related records, 2. notes from supervisory coaching and counseling sessions, 3. notes on performance concerns or work rules discussed with employees, 59 4. notes on employee accomplishments, 5. copies of disciplinary and performance -related correspondence. (Copies of disciplinary letters may be maintained in supervisory files after ensuring a copy has been confidentially forwarded for inclusion in the employee's official personnel file.) 16-9.3 All original City applications and related hiring documentation, performance evaluations, reference information, doctor's slips and other medical information about employees must be submitted to the City Administrator. The City Administrator will decide what documents will be maintained in City personnel files, consistent with this policy. The personnel files maintained by the City Administrator and authorized Finance Department staff are considered the official City Personnel files. SECTION 17 - SEPARATIONS SECTION 17 - 1 RESIGNATIONS Employees wishing to leave the City service in good standing shall provide a written resignation notice to their department head, at least ten (10) working days before leaving (thirty (30) calendar days for exempt employees). The written resignation must state the effective date of their resignation. Failure to comply with this procedure may be considered cause for denying such employees future employment with the City. SECTION 17 - 2 SEVERANCE PAY All benefit -earning employees who leave the employ of the City by retirement or resignation shall receive pay for 100% of unused accrued vacation (and compensatory time if applicable). SECTION 18 - MEDIA CONTACT/PRESS RELEASES 18-1 Formal news releases concerning municipal affairs are the responsibility of the City Administrator's office. All media interviews must normally be approved by the City Administrator before the interview. All contacts with the media should be reported to the City Administrator as soon as practicable. 18-2. All news releases concerning City personnel shall be the responsibility of the City Administrator. No City employee is authorized to speak on behalf of the City without prior authorization from the City Administrator or Mayor. 60 SECTION 19 - PERSONAL TELEPHONE CALLS 19-1 Personal telephone calls shall be made or received only when necessary when they do not interfere with working operations and should be completed as quickly as possible. 19-2 Any personal long distance call costs shall be paid for by the employee. SECTION 20 - CELLULAR TELEPHONE USAGE 20-1 This policy is intended to regulate the use of City -owned cellular phones within reasonable, practical parameters. As the number of available cellular telephones increases, and the efficiencies of cellular telephone usage becomes even more apparent, it is incumbent upon the City to establish reasonable guidelines for the use of cellular phones. The City of Otsego will benefit by extending the hours essential employees are available for consultation through the use of cellular phones. 20-2 This policy will apply to all City employees using or having access to City -owned cellular phones. 20-3 The following guidelines are established for the use of City -owned cellular phones: Cellular phones are intended to be used to increase the efficiency and effectiveness of the services provided by the City of Otsego. As such, each employee using a cellular phone during the course of his/her workday must determine whether such usage is appropriate under the circumstances existing at the time of the usage. In making such as determination, employees must consider the cost of using the cellular phone in comparison with the cost and practicality of locating a customary telephone service. 2. During work hours personal phone calls will be acceptable in those circumstances where it is necessary to briefly contact someone concerning important matters. Calls of this nature shall be as brief as possible and should be made only when circumstances prevent timely access to customary telephone services. It is the position of the City that it is less expensive to allow these types of phone calls than to release an employee from a work site in order to make the call from a customary phone service. 321 3. City employees having access to assigned City -owned cellular phones may make limited personal phone calls where service is free or when monthly minutes are not exceeded. Reimbursement may be required if minutes used are excessive or monthly minutes are exceeded. City employees who are assigned a take home City -owned phone will agree to be accessible for city business when necessary and practical after their regular work hours. 4. All cellular phones shall remain the property of the City and shall be returned to the City upon the termination of employment or if the cellular phone is no longer necessary for work-related purposes. Any inappropriate use of phones may be subject to discipline and any additional charges will be paid by the employee. SECTION 21 - INTERNET/EMAIL SECTION 21 — 1 GENERAL This policy is intended to describe appropriate uses of City e-mail, voicemail, and Internet systems and consequences for inappropriate use. City e-mail, voicemail, and Internet access is provided for employees and supervisors to efficiently conduct City business. This policy applies to all City employees, including temporary/seasonal and casual part-time. SECTION 21 — 2 APPROPRIATE USE DEFINED 21-2.1 These systems are not to be used for personal gain or to support or advocate for non -city -related purposes. Personal use of the e-mail system is permitted on a limited basis, similar to phone calls. Like personal phone calls, personal use should be infrequent, of limited duration, and not in violation of any City policies, department work rules, or laws. 21-2.2 Certain Internet sites should never be accessed using City equipment or on City time. These include pornographic sites, non -work-related chat rooms, dating sites, sites containing what would generally be considered objectionable material, or any other site that would violate the sexual harassment policy or other personnel policies. 21-2.3 Other prohibited uses include solicitations of funds, political messages and correspondence which would circumvent the open meeting law, data practices act, or human or civil rights acts. 21-2.4 While the City recognizes that the Internet contains a wealth of information that can and is being put to good use in the City, we are aware that it is very easy to lose hours of work time checking into web sites and researching information. Internet access, even for legitimate research purposes should be limited to that which is reasonable and necessary. 62 SECTION 21 — 3 INTERNET USE EXPECTATIONS Follow established network etiquette. Many sites have posted rules, which users must follow and all sites expect professional communication etiquette by all users. It is the user's responsibility to follow these rules of etiquette. 2. Safeguard confidential and non-public information. 3. Use Internet for work-related research and communication purposes. 4. Do not send, access, or display text or graphics that would be a violation of the Personnel Policies. 5. Obey the law and regulations in their application to copyright, licensed software and data. 6. Access only non-commercial sites on the Internet. ("non-commercial" = sites free of charge) 7. Downloading of software off the network is strictly prohibited without review and approval from the contracted IT staff; scan for viruses before opening attachments. 8. City employees that have a computer at their workstation with access to the Internet may also use it outside their normal work hours to access the Internet for personal use, subject to appropriate use. See section "Appropriate Use Defined" for more specific information. SECTION 21 — 4 CONFIDENTIALITY/SECURITY 21-4.1 While you may have a confidential password, remember that all City equipment and software, including e-mail and voicemail is the property of the City. To ensure appropriate use or to investigate complaints, the City may need to monitor use of computers, including Internet sites accessed, voicemail, and e- mail and to take action when violations of this policy or other city policies occur. 21-4.2 Supervisors may need to access an employee's voice mail and e-mail when the employee is on vacation, on a leave of absence, no longer working for them, or if there is concern of misuse. This will only be done when necessary, with proper authorization, and for City business purposes. These individuals are restricted from disclosing any information garnered as part of performing their duties unless warranted by the policies outlined herein or by law. roil 21-4.3 Since no computer system is completely secure, e-mail is not intended to transmit confidential or sensitive information. Such information may more appropriately be communicated in written form or through personal conversation. Employees may not intentionally intercept, eavesdrop, record, read, alter, or receive another person's e-mail messages without proper authorization. This authorization can only be given by the City Administrator. 21-4.4 Because email can easily transmit viruses that can infect our computer system, the following actions are required: Do not answer electronic cards. Please direct all family and friends to email you on your home computer. 2. Do not open emails that are not work-related. 3. Do not use instant messaging (IM). IM sets up a portal into the system, which can be used by others to access the system. 4. Close all applications at the end of the day. SECTION 21 — 5 CONSEQUENCES OF MISUSE Abuse of this policy will be grounds for discipline in accordance with the City's Personnel Policies. Misuse of the Internet, e-mail, or voicemail can be grounds for dismissal, depending on the circumstances. SECTION 22 - CITY VEHICLE USE SECTION 22 —1 GENERAL City vehicles are to be used only by City employees for official business. City vehicles may not be used for personal business. All City vehicles shall have the City's logo prominently displayed on the side door panels. The following requirements apply to any employee driving a City vehicle: A. Employees that drive or may be required to drive City vehicles and equipment are responsible for maintaining a safe driving record and observing all traffic laws. Employees and all passengers must wear a seat belt at all times when operating any City vehicle. B. Drivers must carry a current, valid driver's license that is adequate for the type of vehicle being driven. An annual check of a driver's motor vehicle record will be conducted and the City's insurance carrier will review the record for potential liability. If an employee's record indicates a pattern of traffic violations that may increase the City's liability disciplinary action up to and including discharge may be taken. 64 C. Employees must ensure that the City vehicle is in good operating condition and that all windows and lights are clean before operating the vehicle. When vehicles are not in use or in a secured area they must have the keys removed. Vehicles must be parked in the City garage after hours. D. Gasoline for City vehicles must be obtained from the Public Works Department facility. Mileage and gallons of fuel must be recorded after each refueling. SECTION 22 — 2 VEHICLE MAINTENANCE Vehicle maintenance shall be the responsibility of the Public Works Department. Employees or their supervisor shall work with the Public Works Department to schedule a mutual agreeable time for routine vehicle maintenance such as oil changes. The Public Works Department shall review all City vehicles monthly and/or quarterly and provide a written evaluation for each vehicle on a yearly basis to the City Administrator. SECTION 22 — 3 VEHICLE ACCIDENTS 22-3.1 Any employee involved in an accident while driving a City vehicle must report the accident at once to their supervisor. In severe accidents the employee must call 911 and wait until the police arrive. The employee must collect all necessary information from any other parties involved in the accident, including driver's license numbers, vehicle license number, insurance information, address, phone, etc. The employee must not admit liability and refer all legal questions to their supervisor and the City Administrator. 22-3.2 Any employee involved in an accident while driving a City vehicle must submit to a Drug and Alcohol Test, as provided for in relevant provisions of the applicable City Drug and Alcohol Testing Policy. 65 ACKNOWLEDGMENT I have read and understand the terms of the City of Otsego Personnel Policies dated April XX, 2009. 1 have been given the opportunity to ask any questions that I had regarding these Policies. Employee Name (Please Print) Employee Signature Date UPON COMPLETION, PLEASE RETURN THIS FORM TO THE FINANCE DEPARTMENT. 66 ITEM 7_-, Hakanson 30 1 Anderson 3601 Thurston Avenue, Anoka, MN 55303 ASSOC., Inc. Phone: 763/427-5860 Fax: 763/427-0520 May 6, 2009 Honorable Mayor and City Council City of Otsego 8899 Nashua Avenue NE Otsego, MN 55330 RE: Final Asphalt Lift for Wild Flower Meadows Streets Dear Honorable Mayor and City Council: Rottlund Homes, Developer for Wildflower Meadows has requested an extension of time to the placement of final lift of asphalt. The request letter was received May 1, 2009 in response to Hakanson Anderson's punchlist requiring the work be completed early this summer. While it is understandable why Rottlund would prefer to delay the placement of the final lift we would recommend the Council deny the extension request for the following reasons: 1) The final lift is required at this time as per the engineering manual and the development agreement. 2) Brad Belair (Public Works Supervisor) and I have noticed premature cracking of base lifts when left several years prior to final lifts. Without the additional strength of the final lift heavier traffic such as snowplows, concrete trucks, garbage trucks, etc. can cause damage. These cracks will reflect through the final lift and require additional City maintenance in the future. 3) Precedence may be set as other developments are facing similar requirements. a) Crimson Pond West b) Davis Mississippi Coves 4) Leaving off the final lift makes snow plowing much more difficult. Damage to the curb edge and snowplow blades are inevitable. 5) Letter of Credits for developments have been more tenuous in these economic times. If you have any questions or comments, Brad and I will be available at the May 1 lb Council Meeting. Sincerely, Hakanson Anderson As iates, Inc. Ronalrd J. W. r, Cit ngineer RJW:dmb cc: Mike Robertson, City Administrator Tami Loff, City Clerk ot2295hmcc ROTTLUND HOMES m A DIVISION OF THE ROTTLUND COMPANY, INC. May 1, 2009 Mayor Stockamp & City Council City of Otsego 8899 Nashua Ave NE Otsego, MN 55330 Re: Wildflower Meadows — Final Lift of Asphalt on Streets Dear Mayor Stockamp & City Council Members: D � F� P qF1 F� MAY 5 2.009 U By The Rottlund Company, Inc. hereby requests an extension for the installation of the second layer of asphalt on the streets in Wildflower Meadows. Currently, we have 2 of the 4 multifamily buildings complete and 1 of the 17 single family homes complete. In an effort to reduce the amount of curb and street damage from construction activities, our typical practice is to install the final lift after substantial completion of home construction. In this case, we would like to have at least 75 percent of the 49 homes complete. We propose to review the site for final lift again next year (2010). If you have questions related to this request, please call me at (651) 638-0517 or email me at dridgeway(o-)rottlundhomes.com. Thank you for your consideration with this matter. Sincerely, 0�& I& Deb Ridgeway Land Development Attachment Cc: Mike Robertson, City Administrator (via email: mike(a.ci.otsego.mn.us) Tami Loff, City Clerk Ron Wagner, City Engineer (via email: Ronal(Dhakanson-anderson.com) Andy MacArthur, City Attorney (via email: amacarthur(a)courimacarthur.com) Dan Licht, City Planner (via email: dlicht(a NACplanning.com) 1� EOUALHOUS ING �-• OPPORTUNITY MN BUILDER LICENSE #1335 MLS 3065 CENTRE POINTE DRIVE ROSEVILLE, MN 55113 www.rottlundhomes.com OFFICE 651-638-0500 FAX 651-638-0501 WILDFLOWER MEADOWS STREET & UTILITY CONSTRUCTION PLANS a as haJ 4 caY0pbk- 0 100 200 ♦00 GRAPHIC SCALE IN FEET Tami Loff From: Ron Wagner [RonW@hakanson-anderson.com] Sent: Thursday, May 07, 2009 9:36 AM To: Ridgeway, Debbie; Ron Wagner Cc: Mike Robertson; Brad Belair; Tami Loff Subject: RE: Rottlund Request We are in a Otsego staff meeting and have let everyone know it is to be pulled. -----Original Message ----- From: Ridgeway, Debbie <dridgeway@rottlundhomes.com> Sent: May 07, 2009 9:12 AM To: Ron Wagner <RonW@hakanson-anderson.com> Cc: Mike Robertson <mike@ci.otsego.mn.us>; Brad Belair <belairb@ci.otsego.mn.us>; Tami Loff <tami@ci.otsego.mn.us> Subject: RE: Rottlund Request Ron, We'd like to pull this from Monday night's agenda. Seeing that Mike is out until Monday and some of our staff is not here, we need to pull for further discussion, please. Thank you, Deb Ridgeway, Land Development Direct: 651.638.0517 -----Original Message ----- From: Ron Wagner [mailto:RonW@hakanson-anderson.com] Sent: Wednesday, May 06, 2009 11:42 AM To: Ridgeway, Debbie Cc: Mike Robertson; Brad Belair; Tami Loff Subject: FW: Rottlund Request Tami, For inclusion in the May 11th council packet -----Original Message ----- From: ricoh [mailto:ricoh] Sent: Wednesday, May 06, 2009 11:38 AM To: Ron Wagner Subject: This E-mail was sent from "RNPBBIAAE" (Aficio 3260C). Scan Date: 05.06.2009 11:37:57 (-0500) Queries to: ricoh I ITEM g-1 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231 ,2561 planners@c nacplanning.com MEMORANDUM TO: Otsego Mayor and City Council FROM: Daniel Licht, AICP DATE: 19 May 2009 RE: Otsego — Johnson Commercial Recreation CUP NAC FILE: 176.02 The Planning Commission held a public hearing on 18 May 2009 to consider the application for a conditional use permit to allow a farm animal petting zoo at 9420 60th Street NE. Ms. Peggy Johnson, the applicant, was present. There were no comments from the public. City staff had talked to staff from the City of St. Michael and STMA Schools prior to the hearing to address their questions. Neither jurisdictions submitted formal comments. The Planning Commission had no discussion and closed the public hearing. The Planning Commission voted 5-0 to recommend City Council approval of the application as set forth below and attached findings of fact. The City Council will consider possible actions on the application at their meeting on 26 May 2009 at 6:30 PM. POSSIBLE ACTIONS A. Motion to approve a CUP allowing commercial recreation subject to the following conditions: 1. Only animals defined as domestic animals or farm animals by the Zoning Ordinance shall be allowed upon the property. 2. The number animal kept on the property shall not exceed ten (10) animal units as defined by the Zoning Ordinance. 3. Animals shall be kept in accordance with Sections 20-26-1 and 20-26-4 of the Zoning Ordinance. 4. Buildings utilized in the commercial use shall be subject to review and approval by the Building Official as to the applicability of commercial building codes. 5. Adequate restroom facilities shall be provided in accordance with Chapter 4, Section 3 of the City Code and approval of the Building Official. 6. Hours of operation shall be limited as follows unless modified by the City Council: a. June to August: 12:00 Noon to 8:00 PM b. Other months: 12:00 Noon to 6:00 PM on Saturdays and Sundays Only. 7. The driveway and 20 foot wide corridor leading to each barn shall be maintained free of vehicles or other obstacles for emergency vehicle access. 8. There shall be no parking allowed on the following streets: a. Jason Avenue/County Road 118. b. Jamison Avenue. C. 60th Street. 9. Employees shall be limited to those residing upon the property. 10. There shall be no retail sales of products or merchandise. 11. All signs shall comply with Section 37 of the Zoning Ordinance including the requirement for approval of a permit prior to installation of any regulated signs upon the property. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table. C. Mike Robertson, City Administrator Tami Loff, City Clerk Andy MacArthur, City Attorney Ron Wagner, City Engineer Peggy Johnson, applicant CITY OF 0 T S E G 0 WRIGHT COUNTY, MINNESOTA APPLICANT: Peggy Johnson 05-19-09 FINDINGS & DECISION CUP APPLICATION: Request for approval of a CUP allowing commercial recreation within an A-1 District. CITY COUNCIL MEETING: 26 May 2009 FINDINGS: Based upon review of the application and evidence received, the City Council of the City of Otsego now makes the following findings of fact: A. B. C. D. E. The property identification number is 118-800-343402. The subject site is guided by the Comprehensive Plan for low density residential land uses within the west sewer district. The subject site is zoned A-1, Agriculture Rural Service District; The keeping of farm animals is a permitted use within the A-1 District, whereas commercial recreation is allowed as a conditional use. The applicant is proposing a commercial recreation use whereby patrons visit the property to view and interact with fa rm animals. Consideration of the application is to be based upon (but not limited to) the criteria set forth by Section 20-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Finding: The Comprehensive Plan guides the subject site and surrounding area for continued rural uses until such time as sanitary sewer and water may be available. The relatively limited intensity of the proposed commercial recreational use involving farm animals as an attraction is appropriate for the character of the property. 2. The proposed use's compatibility with present and future land uses of the area. Finding: The subject site is surrounded by the following existing/planned land uses: Direction Land Use Plan Zoning Map Existing Use North LD Residential A-1 District Rural Residential East — St. Michael HD Residential Public -Institutional STMA High School South — St. Michael Agriculture HD Residential A-1 District Agriculture West LD Residential PUD Rural Residential The primary compatibility issue in the area would be potential conflicts with the STMA High School in terms of traffic impacts in terms of congestion and street capacity. The low intensity scale of the proposed use, limited hours of operation as proposed by the applicant and prohibition of on -street parking will be sufficient to avoid these issues. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Finding: The proposed use will be required to comply with all applicable performance standards and conditions of approval. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Finding: The proposed use is relatively limited in terms of scale and intensity. Although 60th Street accessing the property is a gravel roadway, the limited traffic volume anticipated to be generated by the proposed use will not impact this or other City streets. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Finding: The proposed use will not affect public service capacities. F. The Planning Report dated 14 May 2009 prepared by the City Planner, Northwest Associated Consultants, Inc., is incorporated herein. G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 18 May 2009 to consider the application, preceded by published and mailed notice; upon review of the application, and other evidence, the public hearing was cl osed and the Planning Commission recommended by a 5-0 vote that the City Council approve the request based on the findings outlined above. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED subject to the following conditions: Only animals defined as domestic animals or farm animals by the Zoning Ordinance shall be allowed upon the property. 2. The number animal kept on the property shall not exceed ten (10) animal units as defined by the Zoning Ordinance. 3. Animals shall be kept in accordance with Sections 20-26-1 and 20-26-4 of the Zoning Ordinance. 4. Buildings utilized in the commercial use shall be subject to review and approval by the Building Official as to the applicability of commercial building codes. 5. Adequate restroom facilities shall be provided in accordance with Chapter 4, Section 3 of the City Code and approval of the Building Official. 6. Hours of operation shall be limited as follows unless modified by the City Council: a. June to August: 12:00 Noon to 8:00 PM b. Other months: 12:00 Noon to 6:00 PM on Saturdays and Sundays Only. The driveway and 20 foot wide corridor leading to each barn shall be maintained free of vehicles or other obstacles for emergency vehicle acc ess. 8. There shall be no parking allowed on the following streets: a. Jason Avenue/County Road 118. b. Jamison Avenue. C. 60th Street. 9. Employees shall be limited to those residing upon the property. 10. There shall be no retail sales of products or merchandise. 11. All signs shall comply with Section 37 of the Zoning Ordinance including the requirement for approval of a permit prior to installation of any regulated signs upon the property. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the Otsego City Council this 26th day of May, 2009. CITY OF OTSEGO By: Jessica Stockamp, Mayor Attest: Tami Loff, City Clerk ITEM 8-2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 planners(c nacplanning.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP RE: Otsego — Zoning Ordinance DATE: 14 May 2009 NAC FILE: 176.08 BACKGROUND A public hearing is scheduled for the Planning Commission meeting on 18 May 2009 to consider amendments to the Zoning Ordinance and Subdivision Ordinance. The City Council directed the Planning Commission to consider amendments pertaining to regulation of pawn shops / secondhand dealers, minimum lot area requirements for single and two family uses and allowance of second driveways within the R-1, R-2 and R-3 Districts. In the paragraphs that follow, text to be added to the City Code is identified with a double -underline while text to be deleted has a double-strikethrouoh. Exhibits: A. draft City Code amendment ANALYSIS Pawn Shops. The City Council approved business licensing regulations for pawn shops and second hand goods dealers at their meeting on 27 April 2009 following recommendations from the Police Commission. A second element of the regulation of Pawn Shops within Otsego is determination of appropriate locations these uses will be allowed. The primary compatibility issue related to pawn shops and second hand goods dealers is proximity to residential areas. This concern exists for two reasons: the potential to encourage theft crimes and second the unique operational characteristics of goods being brought into the business and taken out at varying and irregular times. In consideration of these two issues, the appropriate zoning district for such a use would be a business district with a more regional orientation. The Zoning Ordinance establishes three business districts that allow for a range of retail and service type uses: B-1 Neighborhood Business District: The purpose of the B-1 District is to provide for limited office, retail or service outlets dealing primarily with local patrons at locations integrated with residential neighborhoods ■ B-2 Highway Commercial District: The purpose of the B-2 District is to allow for high intensity retail and service uses oriented to or dependent upon motor vehicle traffic that are typically oriented more towards regional markets than local patrons. ■ B-3 General Commercial District. The B-3 District has the most broadly constituted range of allowed retail, service and office uses intended to be designated within the City's primary commercial areas and balanced in terms of local and regional market needs. Based on the intent and purpose of the three business zoning districts established by the Zoning Ordinance, our office would recommend allowing pawn shops and second hand goods dealers as a permitted use in the B-2 District given the less local orientation of the uses allowed within that District. Allowing the use as permitted versus a conditional use will avoid the need for a public hearing held at the Planning Commission that would be redundant of the one required to be held by the City Council for the proposed business license. Holding a public hearing as part of the business licensing process is also preferable as the City has greater discretion as part of the business license to approve or deny an application or impose conditions related to the operation of the use in contrast to the more specifically defined criteria of the zoning process. We would note that there are currently no lands within the City zoned B-2 District. However, any person with an interest in property within he City may make an application for a rezoning to be evaluated based upon (but not limited to) the criteria established by Section 20-3-21 of the Zoning Ordinance. The City Council may direct the Planning Commission to initiate this Zoning Ordinance amendment in adopting the proposed City Code regulations. In making provision for pawn shops and second hand goods dealers within the Zoning Ordinance, the following amendments are proposed: 20-2-2: Definitions: Pawnshop. The location at which or premises in which a pawnbroker regularly conducts business. Second hand dealer. A person, partnership, firm or corporation whose regular business includes selling or receiving tangible personal property (excluding motor vehicles) previously used. rented, owned, or leased. The term second hand dealer shall include pawnbroker and antique shops. 20-76-2: B-2 District Permitted Uses: Q. Second hand goods dealer/ Pawnshop. 20-77-2: B-3 District Permitted Uses: P. Antique or Gift shop. Lot Area. The City has identified issues related to development where required stormwater ponds, wetlands and wetland buffers are platted within the area of individual lots and overlaid by drainage and utility easements, particularly in residential subdivisions that are platted with individual lots (versus unit/base lots common in townhouse developments). These issues include encroachments of maintained lawns, plantings, fences or accessory structures into ponding areas or wetlands and wetland buffers potentially effecting stormwater function of the ponds or damaging the wetlands. Also, because these protected areas are included within the area of the individual lots, these areas are included in the calculation of minimum lot area requirements, effectively reducing the usable yard space for recreation purposed, deck construction or location of accessory structures. To address these issues, the City Council has directed that ponds, wetlands and wetland buffers are to be platted as outlots that are deeded to the City for stormwater management purposes. In support of this policy, amendments to the Zoning Ordinance definition of minimum lot area are also proposed to exclude stormwater basins, wetlands, wetland buffers and steep slopes from the calculation of lot area to ensure usable yard space for each lot consistent with the intent of establishing minimum lot area requirements. We recommend that the exclusion of these unbuildable areas from the calculation of lot area be limited to the one acre lots in the R -C and R-3 Districts and various zoning districts allowing urban sized lots within the sanitary sewer district. The revised definition of lot area would apply only to lots preliminary and final platted after the effective date of the amendment. The proposed amendment would also not apply to minimum lot area per unit requirements for residential developments platted in a unit and base lot configuration or commercial and industrial developments, although the amendment to the Subdivision Ordinance allows the City to require ponding areas, wetlands and wetland buffers to be platted as outlots for these types of developments. 20-17-9: MINIMUM LOT AREA PER UNIT: The lot area per unit requirement for single family, two-family, townhouses, apartments and planned unit developments shall be calculated on the basis of the total area on the lot or in the project and as controlled by an individual and joint ownership. A. Single and two -Family uses shall be as specified in the respective zoning districts subject to the following: A-1. A-2. R-1 and R-2 District Lots and Lots Of Record An Preliminary Platted Lots Having Legal Standing On (EFFECTIVE DATE]: Except as may be otherwise required by this Chapter, the lot area shall be measured as the area of a horizontal plane within the lot lines. 2. Lots Of Record_ in the R -C. R-3. R -4A. R-4. R-5. R-6 and R-7 Districts Established After (EFFECTIVE DATE]: Except as may be otherwise not platted as allowed by this Chapter, the lot area shall be measured as the area of a horizontal plane within the lot lines excluding stormwater wetlands, and basins, drainaaeways. wetlands. required wetland buffers, water bodies, public rights-of-way, re ional drainage and utility easements, and slopes steeper than three to public street as determined B. Townhouse, and similar independent unit entry structures Dlatted in as base/unit lots: C. Multiple Family D. Elderly Housing 5,000 square feet 2,500 square feet 1,000 square feet 20-16-9.E.4.d The h. ffQr AW411 he GORSePIPtiAl. -And im.ah4ainod by marked by—m.fflanent Sig— to Preven The wetland and buffer shall be platted as an outlot if established as part of a subdivision application. All other applications shall require dedication of a perpetual conservation easement 21-7-15.D. Outlot Alternative For single and two family lot subdivisions not platted as base and unit lots or for other land uses as determined by the City, stormwater basins. drainaaeways, wetlands, and wetland buffers water bodies or other natural features subject to dedication of easements in accordance with this Section shall be instead be included within outlots havina access to public street as determined necessary by the City Engineer Second Driveways. The City has processed a number of applications for conditional use permits allowing second driveways within the R-1, R-2, R-3 Districts since the Zoning Ordinance was amended on 24 May 2004 to make provisions for these uses. In processing these applications, there have been minimal issues in reviewing the criteria and City staff's recommendations have been accepted by the Planning Commission and City Council. The City Council directed the Planning Commission to consider amending the Zoning Ordinance to allow the decision on applications for second driveways within these Districts to be made by City staff. Making the application for a second driveway in the R-1, R-2 and R-3 Districts an administrative permit versus conditional use permit would save property owners both time and cost. In those instances where City staff denies an application for a second driveway, the applicant does have the ability to appeal the decision to the City Council under Section 7 of the Zoning Ordinance. 20-21-4.H.1 1.d. Single family residential uses shall be limited to one (1) access per property, except as provided for below: (1) Lots within the A-1 or A-2 District shall be allowed two (2) accesses per property by administrative permit, provided that: (a) The lot shall have an area of five (5) acres or greater. (b) The lot shall have a minimum frontage of two hundred fifty (250) feet to a public street with a rural section design (no curb). (c) The location of all access points shall be subject to compliance with Section 20-21-4.H.7 of the Zoning Ordinance and approval of the City Engineer and the County Engineer when applicable. The design of the _S; FS19811 P--A-.RfA-.rrn to the spee ons established by nn4nalclring lot) p4ay benefiting t 2) Lots within the R-1. R-2 and R-3 Districts shall be allowed two (2) accesses per property by administrative permit, provided that: (a) There is a demonstrated need for more than one (1) lot access due to physical site constraints (soils, steep slopes, significant vegetation, ponds or wetlands) or the location of existing principal buildings. (b) The lot shall have a minimum of one hundred fifty (150) feet of frontage to a public street. (c) The location of all access points shall be subject to compliance with Section 20-21-4.1-1.7 of the Zoning Ordinance and approval of the City Engineer and the County Engineer when applicable. (d) The design of the lot access shall conform to the specifications established by the Engineering Manual. (23) Lots within all other districts or those in the, A. I and " ?iat not meeting the requirements for an administrative permit outlined in Sections 20-21- 4.1-1.1 1.c(l) and 2 shall be allowed not more than two (2) access per property by conditional use permit, provided that: (a) There is a demonstrated need for more than one (1) lot access due to physical site constraints (soils, steep slopes, significant vegetation, ponds or wetlands) or the location of existing principal buildings. fifty (160) f (eb) The location of all access points shall be subject to compliance with Section 20-21-4.H.7 of the Zoning Ordinance and approval of the City Engineer and the County Engineer when applicable. (dc) The design of the lot access shall conform to the specifications established by the Engineering Manual. (0(4 A lot having access from two public streets (in the case of a corner lot or double frontage lot) may incur additional costs related to street improvement projects benefiting the property. I: RECOMMENDATION City staff recommends approval of the proposed amendments to the Zoning Ordinance and Subdivision Ordinance as presented herein. POSSIBLE ACTIONS A. Motion to recommend approval of Ordinance 09-06 as presented. B. Motion to not recommend approval of the proposed amendments based on a finding that the actions are inconsistent with the Comprehensive Plan. C. Motion to table. C. Mike Robertson, City Administrator Tami Loff, City Clerk Brad Belair, Public Works Supervisor Harold Leonard, Building Official Andy MacArthur, City Attorney Ron Wagner, City Engineer ORDINANCE NO.: 09-06 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE OTSEGO CITY CODE REGARDING PAWN SHOPS/SECOND HAND DEALERS, MINIMUM LOT AREA REQUIREMENTS AND RESIDENTIAL SECOND DRIVEWAYS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-2-2.P of the Zoning Ordinance is hereby amended to include the following definition: Pawnshop: The location at which or premises in which a pawnbroker regularly conducts business. Section 2. Section 20-2-2.S of the Zoning Ordinance is hereby amended to include the following definition: Second hand dealer: A person, partnership, firm or corporation whose regular business includes selling or receiving tangible personal property (excluding motor vehicles) previously used, rented, owned, or leased. The term second hand dealer shall include pawnbroker and antique shops. Section 3. Section 20-16-9.E.4.d of the Zoning Ordinance is hereby amended to read as follows: d. The wetland and buffer shall be platted as an outlot if established as part of a subdivision application. All other applications shall require dedication of a perpetual conservation easement. Section 4. Section 20-17-9 of the Zoning Ordinance is hereby amended to read as follows: 20-17-9: MINIMUM LOT AREA PER UNIT: The lot area per unit requirement for single family, two-family, townhouses, apartments and planned unit developments shall be calculated on the basis of the total area on the lot or in the project and as controlled by an individual and joint ownership. A. Single and two-family uses shall be as specified in the respective zoning districts subject to the following: A-1, A-2, R-1 and R-2 District Lots and Lots Of Record And Preliminary Platted Lots Having Legal Standing On May 26, 2009: Except as may be otherwise required by this Chapter, the lot area shall be measured as the area of a horizontal plane within the lot lines. 2. Lots Of Record in the R -C, R-3, R -4A, R-4, R-5, R-6 and R-7 Districts Established After May 26, 2009: Except as may be otherwise allowed by this Chapter, the lot area shall be measured as the area of a horizontal plane within the lot lines excluding stormwater basins, drainageways, wetlands, required wetland buffers, water bodies, public rights-of-way, regional drainage and utility easements, and slopes steeper than three to one (3:1). B. Townhouse, and similar independent unit entry structures platted in as base/unit lots: 5,000 square feet C. Multiple Family 2,500 square feet D. Elderly Housing 1,000 square feet Section 5. Section 20-21-4.H.1 1.d of the Zoning Ordinance is hereby amended to read as follows: d. Single family residential uses shall be limited to one (1) access per property, except as provided for below: (1) Lots within the A-1 or A-2 District shall be allowed two (2) accesses per property by administrative permit, provided that: 2 (a) The lot shall have an area of five (5) acres or greater. (b) The lot shall have a minimum frontage of two hundred fifty (250) feet to a public street with a rural section design (no curb). (c) The location of all access points shall be subject to compliance with Section 20-21-4.1-1.7 of the Zoning Ordinance and approval of the City Engineer and the County Engineer when applicable. (2) Lots within the R-1, R-2 and R-3 Districts shall be allowed two (2) accesses per property by administrative permit, provided that: (a) There is a demonstrated need for more than one (1) lot access due to physical site constraints (soils, steep slopes, significant vegetation, ponds or wetlands) or the location of existing principal buildings. (b) The lot shall have a minimum of one hundred fifty (150) feet of frontage to a public street. (c) The location of all access points shall be subject to compliance with Section 20-21-4.H.7 of the Zoning Ordinance and approval of the City Engineer and the County Engineer when applicable. (d) The design of the lot access shall conform to the specifications established by the Engineering Manual. (3) Lots within all other districts or those not meeting the requirements for an administrative permit outlined in Sections 20-21-4.H.11.c(1) and (2) shall be allowed not more than two (2) access per property by conditional use permit, provided that: (a) There is a demonstrated need for more than one (1) lot access due to physical site constraints (soils, steep slopes, significant vegetation, ponds or wetlands) or the location of existing principal buildings. (b) The location of all access points shall be subject to compliance with Section 20-21-4.1-1.7 of the Zoning Ordinance and approval of the City Engineer and the County Engineer when applicable. (c) The design of the lot access shall conform to the specifications established by the Engineering Manual. (4) A lot having access from two public streets (in the case of a corner lot or double frontage lot) may incur additional costs related to street improvement projects benefiting the property. Section 6. Section 20-76-2 of the Zoning Ordinance is hereby amended to include the following provision: Q. Second hand goods dealer / Pawnshop. Section 7. Section 20-77-2.P of the Zoning Ordinance is hereby amended to read as follows: P. Gift shop. Section 8. Section 21-7-15 of the Subdivision Ordinance is hereby amended to include the following provision: D. Outlot Alternative. For single and two family lot subdivisions not platted as base and unit lots or for other land uses as determined by the City, stormwater basins, drainageways, wetlands, and wetland buffers water bodies or other natural features subject to dedication of easements in accordance with this Section shall instead be included within outlots having access to a public street as determined necessary by the City Engineer. Section 9. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: is THOSE OPPOSED: ADOPTED by the Otsego City Council this 26th day of May, 2009. ATTEST: Tami Loff, City Clerk CITY OF OTSEGO BY: Jessica Stockamp, Mayor RESOLUTION NO. 2009-18 RESOLUTION ACCEPTING BID WHEREAS, pursuant to an advertisement for bids for the construction of City of Otsego, Improvement Project 09-02, 2009 Street Maintenance Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Total Base Bid Pearson Brothers, Inc. $244,246.25 Caldwell Asphalt Co., Inc. $246,974.67 Allied Blacktop Co. $252,799.25 AND WHEREAS, it appears that Pearson Brothers, Inc. of Hanover, Minnesota is the lowest responsible bidder, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF OTSEGO MINNESOTA: 1. The mayor and clerk are hereby authorized and directed to enter into a contract with Pearson Brothers, Inc. of Hanover, Minnesota in the name of the City of Otsego for the 2009 Street Maintenance Project, Improvement Project 09-02, according to the plans and specifications therefore approved by the city council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the bid bond made with their bids, except that the bid bond of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted by the city council this 26th day of May, 2009. Motioned By: Seconded By: All in Favor: Those Opposed: Jessica Stockamp, Mayor Tami Loff, Clerk Res 09-18 St Maintenance 09 Michael C Couri- Andrew J. MacArthur Robert T. Ruppe— 'Also licensed in 111mois "'Also licensed in California May 20, 2009 City Council Members City of Otsego c/o Tami Loff, City Clerk 8899 Nashua Avenue NE Otsego, MN 55330 CO URI, MACAR THUR & RUPPE, P.L.L.P. Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, AM 55376-0369 (763) 497-1930 (763) 497-2599 (FAX) www.courimacarthur.com ITEM 70-1 Kyle R. Hartnett Sarah E. Schwarzhoff RE: City of Otsego- Central Minnesota Housing Partnership, Inc. Professional Services Agreement Dear Council Members: At the request of the City I have reviewed the proposed Professional Services Agreement between the City of Otsego, the City of Monticello and Central Minnesota Housing Partnership, Inc. (CMHP) relative to application for and administration of funds from the federal Neighborhood Stabilization Program (NSP). The Agreement has already been signed by CMHP and the City of Monticello and reflects changes previously suggested. The Agreement is satisfactory and I would recommend approval of the Agreement as presented. Very truly yours, Andrew J. MacArthur COURI, MACARTHUR & RUPPE, PLLP cc: Central Minnesota Housing Partnership, Inc. City of Monticello ;,..;..>a,...._ PROFESSIONAL SERVICES AGREEMENT The City of Monticello, Minnesota and the City of Otsego, Minnesota, Minnesota municipal corporations ("Cities"), and Central Minnesota Housing Partnership, Inc., a Minnesota nonprofit corporation ("CMHP"), make this Professional Services Agreement ("Agreement") effective as of , 2009 ("Effective Date"). RECITALS A. The Federal Government has established the Neighborhood Stabilization Program ("NSP"), which is administered in Minnesota by the Minnesota Housing Finance Agency ("MHFA"). B. NSP provides assistance to local governments with high levels of foreclosed and abandoned homes that might otherwise become sources of abandonment and blight. C. CMHP is a regional housing organization with experience in administering community development and housing programs and assisting local governments with funding provided through the state of Minnesota and the MHFA. D. MHFA has set aside certain funds under the NSP program for which the Cities are eligible and the Cities now seek CMHP's assistance in applying for and administering such funds. E. In consideration for CMHP's assistance, the Cities have agreed to pay CMHP certain fees for its services as provided in this Agreement. In consideration of the mutual covenants and conditions set forth in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows: 1. Engagement of CMHP. The Cities engage CMHP, and CMHP accepts engagement on this Agreement's terms and conditions, as the Cities' exclusive administrator in regards to the NSP and any funds the Cities receive from the NSP. 2. Administration Services. CMHP shall provide such administration services, expertise and assistance in the name of and on behalf of the Cities as CM -IP deems reasonably necessary for the application, acquisition, planning, coordination, implementation and management of the NSP funds, including without limitation, the following services on the Cities' behalf (the "Administration Services"): C:\Docoments and Settings\Meg=BamcU\Local Settings\Temporary Internet I'lks\Contentontlook\, IWVUP3\Contract NSP Montihello: and Otsego (CLEAN- changes from MonticeUo attomey).doc 1 a. Application Preparation. CMHP will prepare the application for NSP funds on the Cities' behalf prior to the deadline of January 28, 2009, which shall include, but not be limited to the following: (i). Utilize research conducted by the Cities regarding foreclosure numbers and concentration of foreclosures, as well as other research; (ii). Coordinate with the MHFA and the Greater Minnesota Housing Fund ("GMHF") regarding the application process, resources and application format; (iii). Work with the Cities to define the scope of the Cities' NSP project and the administration of the NSP funds, including selection of appropriate eligible uses and geographic focus and the development of financing mechanisms and establishment of program parameters; (iv). Work with the Cities' staff in the application preparation and obtain the Cities' approval regarding elements within the application; and (v). Work with the Cities' staff in order to seek approval of the application concept from other officials of the Cities, which may include interaction with the Cities' councils during council meetings of either of the Cities. b. NSP Plan Preparation. CMHP will prepare any program plan required under the NSP, which shall include, but not be limited to the following: (i). Work with the Cities to best utilize research data collected by the Cities in preparation of the plan; (ii). Work with the Cities' staff to obtain their approval of any required program plan as well as the appropriate approval of other officials of the Cities, as CMHP deems necessary, which may include presentations to small groups and participation in other public governmental meetings. (iii). Work with MHFA and GMHF regarding the preparation of any required plan and defining and meeting the expectations of MHFA and GMHF. C. Program Administration. CMHP, in conjunction with the Cities will administer the NSP program on the Cities' behalf, which shall include, but not be limited to the following: (i). Provide implementation and services necessary for start-up for the general administration of the NSP grant as well as implementation of the program elements. CADocuments and SettingsWegamBarnett\Local Settings\T=porary Internet Fila\Contwt.OotlookV WVUR3\Coottsct NSP Monticello sod Otsego (CLEAN- changes from Moaticcllo . attotney).doc2 (ii). Manage the overall NSP project, including, but not limited to the development of policies and procedure; homebuyer program education; interaction with homebuyer classes ("Home Stretch"); recruitment and liaison with participating lenders; outreach and liaison with real estate agents; other marketing activities; compliance with regulations and standards, including Fair Housing Equal Opportunity; compliance with financial and program requirements, and reporting. (iii). Field administration of the NSP, including, but not limited to: homebuyer outreach and recruitment; application processing and referral; property inspections; application approval for expenditure of NSP funds; scope of work preparation; assistance in selecting contractors; assistance in loan processing and approval; inspections and final loan closings. 3. Administrative Fee. As compensation for the Administration Services to be rendered by CMHP on the Cities' behalf pursuant to this Agreement, the Cities shall pay CMHP an administrative fee which shall equal 8.7% of the total amount awarded to the Cities under the NSP (the "Administrative Fee"). CMHP will invoice the Cities monthly throughout this Agreement's term. The Cities shall pay each invoice within 30 days after the Cities' receipt of such invoice provided and only to the extent that NSP funds are available for this purpose. 4 NSP Costs. During this Agreement's term, CMHP shall not be responsible for payment of any and all NSP costs and expenses, including, but not limited to the costs and expenses of appraisals, surveys, filing fees or any other additional cost or expense deemed necessary to properly implement the NSP on the Cities' behalf. 5. Collection Costs. If the Cities fail to pay CMHP any amounts due and owing pursuant to this Agreement's terms, the Cities agree to pay all costs of collection, including reasonable attorneys' fees, in addition to any and all other amounts due and owing under this Agreement. 6. Indemnification. Both parties (each an "Indemnifying Party") agree to defend, indemnify and hold each other harmless from and against any and all claims, suits, judgments, attorneys' fees, costs, damages, losses, expenses or causes of action imposed upon or incurred by the other party (the "Indemnified Party") resulting from the Indemnifying Party's default of this Agreement or breach of any representation or warranty in this Agreement.; provided, however, that such claims, losses, damages or expenses shall not arise out of the gross negligence or willful misconduct of the Indemnified Party or its employees, agents, or assigns. 7. Termination. This Agreement shall immediately terminate upon the earlier of (a) the mutual written consent of the Cities and CMHP, (b) two (2) years after the Effective Date or (c) upon revocation of the NSP funding contract with the Cities and the funding source. Within ten (10) days of this Agreement's termination, the Cities and CMHP shall account to each other with respect to all matters outstanding as of the termination date, including payment to CMHP of the remainder of any and all amounts due and owing to CMHP under this Agreement's terms and C:\DocumemsandSettingsWegan-BarnenUxcalSettings\Temporery.Intaaet Files\Content.()udook\NIJPVUR3\ContractNSPMontiCCUD and Otsego (CLEAN- changes fromMonticepo.; ..,...... <i •: attomry).doc '2 conditions. Notwithstanding the foregoing, if the NSP is extended or the Cities are awarded additional NSP funds in addition to those awarded initially as a result of CNHP's performance under this Agreement, this Agreement's term shall be extended accordingly for an additional six (6) months. 8. Default. Upon default of any of this Agreement's terms, the party claiming the default shall provide the defaulting party written notice specifying the conditions of default and the actions necessary to cure such default. If the defaulting party fails to cure the default within five (5) days after receipt of notice, the party claiming the default may assert such remedies as provided under this Agreement and as otherwise may be available at law. 9 Excluded Services. The parties expressly understand and agree that CNHP's services are specifically limited to those duties necessary to properly administer the NSP on the Cities' behalf and do not include participation in any and all activities involving or related to the eviction of occupants from housing affected by the NSP. 10. Independent Contractor. The parties intend CMHP's relationship with the Cities during this Agreement's term to be that solely of an independent contractor. CNHP's agents, employees or servants shall not be deemed to be the Cities' employees, agents or servants. The Cities are interested only in the results obtained under this Agreement during its term. The manner and means of conducting the Administrative Services and activities during this Agreement's term shall be at CNHP's sole discretion and control. The Cities will not provide any benefits, such as health, life, workers' compensation, or employment compensation insurance, to .CNHP or its employees, agents or servants. CMHP will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants and subcontractors during the performance of its services under this Agreement. CNHP will indemnify and hold the Cities harmless against all liability and loss in connection with, and will assume full responsibility for payment of, all federal, state and local taxes, premiums or contributions imposed or required under workers' compensation insurance, unemployment insurance, social security and income tax laws with respect to CMHP and its employees, agents, servants or subcontractors engaged in the performance of services under this Agreement. 11. Insurance. CMHP shall secure and maintain insurance coverage for workers' compensation required under state law (Minn. Stat. § 176.182), general liability insurance in the amount of at least $1.5 million (Minn. Stat. § 466.04), and the statutory minimum for automobile coverage. The Cities shall be named additional insureds on the general liability policy. Before commencing work under this Agreement, CMHP shall provide the Cities proof of insurance in a form acceptable to the Cities. The certificate shall provide that such insurance cannot be cancelled until thirty (3 0) days after the Cities have received written notice of the insurer's intention to cancel this insurance. 12. Records. CMHP and the Cities shall maintain records in the form and manner as required by the META. - CADocumcnts and Scttings\Megan.Ba ctt\l. cal Settings\Temporary Internet Filey\Contort.Outlook\NUPVUR3\Contract:NSP.Monticello and Otsego (CLFAN- changes from Monticello - attorney).doc 4 13. Minnesota Government Data Practices Act. CMHP acknowledges and agrees that it will not release data which is protected by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (the "MGDPA"), as it applies to (1) all data provided by the Cities pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by CMHP pursuant to this Agreement (collectively the "Data"). In the event CMHP receives a request for the release of Data, CMH? will direct the request to the Cities' data practices officer and CMHP will notify the Cities of such a request and follow the Cities instructions. In the event that the Cities receive requests for Data, the Cities may request copies of the Data from CMHP and CMHP will promptly provide copies of the Data to the Cities so that it may respond appropriately to any data practices request. The Cities have the right to access or obtain from CMH? any and all Data. CMHP agrees to defend, indemnify, and hold the Cities, their officials, officers, agents, employees, and volunteers harmless from any claims resulting from the unlawful disclosure and/or the unlawful use of the Data by CMHP's officers, agents, employees, volunteers, assignees or subcontractors; provided, however, that under no circumstances shall CMHP be responsible to defend, indemnify or hold the Cities harmless from claims arising out of actions taken by CMHP, its officials, officers, agents, employees and volunteers pursuant to the Cities' instructions. The Cities agree to defend, indemnify, and hold CMHP, its officials, officers, agents, employees and volunteers harmless from any and all claims resulting from the Cities' unlawful release of any Data and any disclosure and/or use of the Data by CMHP's officers, agents, employees, volunteers, assignees or subcontractors performed pursuant to the Cities' instructions. Nothing in this paragraph shall expand or enhance the rights of third parties as against CMHP or the Cities under the MGDPA beyond that which would otherwise be provided by law. This paragraph's terms shall survive the Agreement's cancellation or termination. 14. Force Majeure. CMHP shall perform the Administrative Services in a prudent and timely manner, however the Cities acknowledge and agree that CMHP shall not be held responsible or liable for delays occasioned by factors which are beyond CMHP's control or by factors which CMHP could not reasonably have foreseen at the time this Agreement was prepared and executed. 15. Assignment. The parties shall not assign, transfer or otherwise convey this Agreement or their respective rights, obligation or duties under this Agreement, whether in whole or in part, to any other person or entity, without each of the parties' prior written consent. 16. Amendment. This Agreement constitutes the entire Agreement between the Cities and CMHP, and no amendment or modification shall be valid or enforceable except by supplemental agreement in writing, executed by all the parties. 17. Governing Law. Minnesota law shall govern this Agreement. 18. Severability. If any one or more of this Agreement's provisions shall for any reason be held invalid, illegal or unenforceable, this Agreement's remaining provisions shall remain unimpaired and shall continue in full force and effect. C:\Docoments and Settings\Megan.Barnett\Local Settings\Temporuy Internet Hm\Content.0otlook\NUPVUR3\C6utractNSP Monticello and Otsego (CLEAN- cbanges frooi Monticello�- attorney).doc 5 19. Headings. Headings used in this Agreement are for purposes of convenience of reference only and shall in no way limit or affect the meaning or interpretation of any of this Agreement's terms. 20. Entire Agreement. This Agreement constitutes the entire agreement among the parties with respect to the subject matter and supersedes all prior understandings, representations, proposals, discussions, and negotiations whatsoever, whether oral or written, among the parties. 21. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be sufficient for all purposes. 22. Reliance. No person other than the parties to this Agreement may directly or indirectly rely on or enforce this Agreement's provisions, whether as a third -party beneficiary or otherwise. 23. Notices. Any notices given pursuant to this Agreement will be in writing and will be sent by certified or registered mail, postage prepaid, return receipt requested, or delivered to the respective party at their principal place of business. 24. No Joint Venture. The parties are not engaging in a joint venture or partnership. Nothing in this Agreement is to be construed to create a joint venture or partnership of any kind among the parties. 25. Binding Agreement. This Agreement will be binding upon and inure to the benefit of the parties' respective successors and assigns. 26. Advice of Counsel. Prior to executing this Agreement, each party has fully informed itself of this Agreement's terms and conditions, and has had (to the extent the parties desire to do so) this Agreement reviewed by an attorney of its choice and fully understands its effect, including without limitation, all federal income tax consequences. The parties agree that notwithstanding any provision of statutory or common law to the contrary, this Agreement will not be interpreted against the party drafting the Agreement. 27. Cooperation. The Cities will, without charge to CMHP, fully assist and cooperate in CNIHP's attempts to obtain all governmental approvals for the administration of the NSP which are necessary in CMHP's sole judgment. The Cities will execute and deliver such applications, forms, worksheets, any other documents as may be required by governmental bodies, and any other contracts and agreements determined necessary by CMHP for its performance of the Administrative Services. [Signature Page to Follow] C:\Documents and Settings\Megan.S=cn\I.ocal.Settings\Temporary Interoet Fdes\Coot=LOutlook\NUPVUR3\Contract NSP.Monticello and Otsego (CLEAN- chnoges from Monticello ... attorney).doc 6 The parties have executed this instrument as of the day and year first above written. CITY OF MONTICELLO: Me N-IPK�0_ CITY OF OTSEGO CENTRAL MINNESOTA HOUSING PARTNERSHIP, INC., a Minnesota nonprofit corporation: LIZ C:Wocuments and Settings\MegaaBmvettkLocal Settings\hmporary Internet Files\ComentOutlook\NUPVUR3\Contract NSP Monticello and Otsego (CLEAN- changes from Monticello .>. ettorney).doc pac' 7 ITEM 77_4 Memo To: City Council From: Gary Groen Date: May 21, 2009 Re: Financial Management Planning Process The administrative subcommittee met with Rusty Fifield and Paul Donna from Northland Strategies on Wednesday, May 13 to discuss the long range financial planning process. All council members received a copy of the information provided by them along with a cover memo prepared by Mike Robertson. That information and memo is attached again for your information. The discussion at the subcommittee was very useful in identifying the role of Northland Strategies in the long range planning process. The closing paragraph of the Northland Strategies briefly discusses the long range financial planning process. Step 1 in the process discusses the need to develop a shared understanding of the needs and opportunities facing the City. I recommend the City Council and staff set a workshop date to discuss and prioritize the issues facing the City in the future. Once the City Council and staff have identified the issues, we would call on Northland Strategies to facilitate these discussions leading us through the planning process. believe this would be a tremendously valuable process and ask for your time and support. 0 Page 1 MEMO Date: May 11, 2009 To: Mayor & Council From: City Administrator Mike Robertson Re: Review of Long Range Financial Planning In the last year or so staff has been working on parts of a long range financial management plan. You have seen pieces of this plan. You have seen the City Engineer's water and sewer system study, which defines the points at which Otsego has to spend money to expand the water or sewer system. You have seen the capital equipment plan which lays our future planned equipment expenditures for the Public Works and Parks departments. You have seen some growth estimates, which show the impact of various growth scenarios. There are other pieces to this plan which have yet to be completed. An estimate of staffing needs based on future growth scenarios. An estimate of the costs, both upfront and on-going, of establishing our own fire department. Cost estimates for future park development. An estimate for paving the remaining gravel roads in town. Establishing a priority for when those roads get paved. An estimate of the costs, both upfront and on-going, of establishing our own police department. Though staff has been working on these issues individually, we feel its time to start trying to tie them together. Given the current financial crisis, it's also a good time to try and take a longer term look at these issues to guesstimate how they will affect Otsego in the future. We've been talking to our financial advisors Paul Donna and Rusty Fifeld of Northland Securities about these issues and are bringing them to the Wednesday, May 13 Administrative Subcommittee meeting to discuss how to move this effort forward. NORTHLAND STRATEGIES Special Projects Group MEMORANDUM To: City of Otsego From: Paul Donna and Rusty Fifield Date: May 7, 2009 Re: Financial Management Planning Process The purpose of this memorandum is to discuss the elements of a process to create a financial management plan for the City of Otsego. It is not a proposal, but rather a framework for discussing your needs that will lead to a proposed scope of work and budget. We will use this memo as the basis for our meeting with your Administrative Subcommittee on May 13. Need for Financial Management Plan The City of Otsego has built a solid financial foundation for city government. The City Council and Staff create and use the annual budget as a financial management tool. The opportunities and challenges facing the City require a broader look at critical financial issues. It is important to periodically step back and consider where you are and where you are headed. The following quotes help to illustrate this point: • Even if you're on the right track, you'll get run over if you just sit there. (Will Rogers) • A wise man makes more opportunities than he finds. (Francis Bacon) • Don't be afraid to take big steps. You can't cross a chasm in two small jumps. (David Lloyd George) The process looks to the future. It allows the City to anticipate challenges and position itself to capture opportunities. You chart a course rather than react to current events. The process brings together the broad pieces of the financial puzzle. A wide variety of factors influence the revenues, expenditures and financial condition of a city. Many of these factors are inter -related. A financial management planning process gives you a common forum for identifying and understanding the implications of these connections. The process is a tool for creating shared understanding and building a consensus on actions. Northland Securities, Inc 45 South 7th Street, Suite 2000, Minneapolis, MN 55402 Toll Free 1-200-851-2970 Main 612-551-5900 www.nortlilandsecurities.com Member FINRA and SIPC Financial Management Planning Process May 7, 2009 Paget Elements The elements of a financial management plan are unique to each community. This section describes potential elements of a plan for Otsego. Growth A plan should be based on an understanding of the implications of growth. Growth creates many of the revenue building blocks of city govemment. Growth creates property valuation. The amount of taxable property value determines the tax rate needed to fund city services and debt. Growth pays fees for building permits, utility connections and park dedication. The recent economic downturn shows the challenge in predicting future growth. Growth turned into a stalled economy in the blink of an eye. A financial management planning process cannot provide an accurate forecast of future growth. It can, however, help the City to understand the financial implications of alternative rates and forms of growth. Debt Existing debt places demands on city revenues. As debt is retired, these revenues are available for other uses. Some types of debt, such as improvement bonds, may leave balances in debt service funds that can be used for other purposes. As interest rates change over time, the City has the opportunity to refinance existing debt. Each issue of tax-exempt bonds is eligible for a single advance refunding. While we cannot predict future market conditions, we can explore possibilities. The City can set criteria for refunding, rather than react to (or miss) market opportunities. This process provides an opportunity to learn about debt options not previously used by the City. This information will help Council and Staff plan for future capital improvements. Debt planning also relates to State property tax controls. Under current State Law, all tax levies to pay bonded indebtedness are not subject to levy limits. Capital Improvements Investments in infrastructure, facilities and equipment are the largest expenditures made by the City. A capital improvements plan (CIP) is an essential financial management tool. The CIP projects capital investments over a five to ten year period and allows the City to create a feasible funding plan. The planning process allows the City to test combinations of annual revenues, fund balances and debt. The process seeks to find the funding plan that enables the City to make needed improvements with the least impact to local residents and taxpayers. Services The financial challenges facing local government encourages creativity in the delivery of municipal services. A financial management planning process can be used to forecast future service needs and to test altemative approaches to service delivery. Financial Management Planning Process May 7, 2009 Page 3 Fees In general, it is important to ensure that user charges are set at a level that equitably distribute service costs and maintain long-term financial viability. There are also some specific statutory requirements to consider: • State Law requires that the City implement water rates that encourage conservation by January 1, 2013. • Over the past five years, the Legislature has adopted a series of new regulations on the ability to require dedication of land for parks, the collection of payments in lieu of dedication and use of these revenues. • State Law places requires on the structure and use of fees related to the use of "official controls" including land use regulations and building codes. A financial management planning process can examine both the financial and the compliance aspects of current fee structures. Process The key to a successful financial management plan is the process. The process creates the opportunity for the City Council and Staff to: • Develop a shared understanding of the needs and opportunities facing Otsego. • Explore alternatives for meeting these needs (there is rarely a single right answer). • Understand the implications of funding alternatives. • Build the consensus needed to take action. • Consider plans and policies to help to implement the financial management plan. Ideally, the process involves a series of 1-2 hour interactive workshops. The workshops are used to convey findings and recommendation on key topics, to facilitate discussion and to receive guidance. The process becomes a balancing act between the need to complete the process in a timely manner and the time available for Council members to participate in extra meetings. MEMO Date: May 21, 2009 To: Mayor & Council From: City Administrator Mike Robertson Re: Long Range Financial Planning Issues To help with the discussion long range planning, we have prepared a brief review of the issues that staff feels need to be discussed. We have also listed some of the options discussed in the past. The list of issues and options is not intended to be complete, and Council should feel free to add to them. These issues could be discussed in a separate workshop, or Council could add Long Range Financial Planning to the end of every Council meeting and work through the issues that way. FIRE SERVICES Staff feels this is probably the most expensive long range issue. To construct even the most basic of fire stations, equip it, hire, train, and pay firefighters, is probably a minimum of two million dollars. Do we start our own fire department? Do we continue to contract with surrounding communities? Do we try and reduce our contracts with four surrounding communities to three, or two, or one? Do we try and encourage the formation of a regional fire department encompassing four, five, six or more communities? Will the current contracted system provide sufficient fire protection when the Highway 101 corridor is more fully developed with commercial and industrial users? FUTURE PARK DEVELOPMENT We have several neighborhoods that have paid sizable sums in park dedication fees that do not yet have parks. However, none of these neighborhoods have paid enough fees individually to pay the whole cost of constructing a park. These neighborhoods are also widely separated, so a joint park to serve all of them is not a viable option. One thing we have learned from this is that from now on we will recommend obtaining land for parks in the first phase of a development rather than in the fourth, fifth or sixth phase. Our options now seem to be either wait until enough homes are built in each neighborhood to provide enough money to build parks, or, borrow money now to construct the parks, counting on future development to pay the park fees to help fund the bond payments. Staff would like to prioritize the neighborhoods for new parks, reviewing financing options and the impact on the tax levy. POLICE SERVICES Do we continue to contract with the Wright County Sheriff's office, start our own department, or contract with another entity for police services? If we continue contracting, will the deputies eventually need more than one office when several officers are on duty at the same time? When staff last took a look at starting our department, it was estimated that the just the equipment costs for 24 hour coverage (minimum five officers) would approach half a million dollars. Then you would add in the costs of hiring, paying, training, and housing the department. GRAVEL ROADS There are several gravel roads in town that currently handle enough trips per day that they should be paved. The question is how to pay for this? Assessments of benefitted property owners could not cover more than a couple percentage points of the cost. Therefore the City would have to save the money or borrow for the cost. We should prioritize the order in which they would be done and reviewing the financing options and tax impacts. FUTURE STAFFING NEEDS Staff has attempted to look at future growth and City services to try and determine any specific points in the future when each department will have to hire more staff. In the past there was no particular system other than, "we're really busy, we need to hire someone". I've had discussions with many growing cities and that's how they have made their staffing decisions. No one has come up with any system for looking to the future to try and estimate staffing needs. So staff will try and look at the growth patterns of cities that went though similar growth in the last decade. We will prepare projections and budget estimates. FUTURE BUILDING NEEDS As part of future growth in staffing we will review future space needs. This will include all of the items discussed above plus Public Works, Building Safety, Finance and Administration. When we last discussed this issue a year and a half ago Council direction was that we would finish the second floor of the Public Works building before we would add any additional space to City Hall. That's sufficient direction for the near future because I think we are still a ways away from having to do anything. As part of estimating future staffing we will try to identify future space needs as well. 3 ITEM 77_* Ill_ ft I 1 0 To: City Council From: Gary Groen Date: May 21, 2009 Re: Employee Status Change The Building Safety Department Office Assistant position currently is a 20 hour per week position. As part of the solution to the department's staffing and service hour discussion, this position has been revised from a 20 hour position to a 24 hour position starting May 18. This increase in hours requires the City to pay a pro rata share of benefits in accordance with the City's personnel policy and also requires City Council approval for a change in employment status. Based on this information, the City Administrator and Building Official are recommending this position be increased to a .6FTE or a 24 hour per week position. 0 Page 1 PAY ESTIMATE #4 CITY OF OTSEGO Quaday Avenue Lift Station No. 1 Phase 1 Improvements Improvement Project No. 06-06 ITEM NO. ITEM DESCRIPTION ESTIMATED QUANTITY UNIT CONTRACT UNIT PRICE CONTRACT AMOUNT USED TO DATE EXTENSION 1 Relocate Existing Hydrant 1 EA $5,000.00 $ 5,000.00 $ 2 6" Gate Valve with Valve Box 1 EA $850.00 $ 850.00 $ 3 Ductile Iron Fittings 125 LBS $4.00 $ 500.00 $ Total Bid Schedule "C" $ 6,350.00 $ ITEM ESTIMATED CONTRACT UNIT USED TO NO. ITEM DESCRIPTION QUANTITY UNIT PRICE CONTRACT AMOUNT DATE EXTENSION Electrical Work - Install (3) new VFDs, Control 117,500.00 $ 1 Panel, PLC, SCADA upgrades, etc. 1 LS $60,000.00 $ 60,000.00 1 $ 60,000.00 Total Bid Schedule "D" $ 60,000.00 $ 60,000.00 Bid Schedule "A" $ 24,900.00 $ 19,610.00 Bid Schedule "B" $ 117,500.00 $ 116,540.50 Bid Schedule "C" $ 6,350.00 $ - Bid Schedule "D" $ 60,000.00 $ 60,000.00 TOTAL $ 196,150.50 Total Work Completed to Date $ 196,150.50 LESS RETAINAGE: $ 10,000.00 LESS PAY ESTIMATE NO. 1 $ 53,789.00 LESS PAY ESTIMATE NO. 2 $ 44,203.98 LESS SANITARY SEWER JETVAC CLEANING: DUE TO ADDITIONAL SEWAGE BACK-UP DURING GUIDERAIL AND PUMP BASE ELBOW INSTALLATION ($0.65* / FT x 3,185 LF = $2,070.25) * CLEANING PRICE PER 2008 OTSEGO SANITARY SEWER CLEANING PROJECT $ 2,070.25 LESS PAY ESTIMATE NO. 3 $ 57,779.75 $ 28,307.53 WE RECOMMEND PAYMENT OF: APPROVALS: CONTRACTOR: R.L. LARSON EXCAVATING Certification by Contractor: I certify that all items and amounts are correct for the work completed to date. Sig Title: ENGINEER: HAKANSON ANDERSON ASSOCIATES, INC. Certification by Engineer: We recommend payment for work and quantities as shown. Signed: Title: OWNER: CITY OF OTSEGO Signed: Title: S:\Municipal\NOTSEGO\627\Phase I-Quaday\Pay Estimates\ot627pe PE -2